HomeMy WebLinkAboutClass II Appeal Letters/
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Attorney at Law
Law Offices of
ANDREW DICKMAN, P.A.
9111 Park Dr • Miami Shores, FL 33138
July 30, 2004
VIA HAND DELIVERY
Teresita L. Fernandez, Director
Office of the Hearing Boards
CITY OF MIAMI
444 SW 2``d Ave, Seventh Floor
Miami Florida 33130-1910
Re:
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Tel: 305.758.3621
Fax: 305.758.0508
andewdickmani@bellsouth.net
Notice of Appeal of the Decision by the Director of
the Planning and Zoning Department ("Decision") for a
Class II permit at 7460 Biscayne Boulevard rendered
July 15, 2004.
Dear Mrs. Fernandez:
This firm represents the multiple homeowners in Palm Grove,
including Eileen Bottari and Abbie Cuellar, who both own homes
and reside in near the above referenced project. This letter
serves to notify you that my clients are materially affected by
the above referenced decision. Therefore, please consider this
our formal notice of appeal, and in support we allege:
On or about July 15, 2004, the City issued a Class II
special building permit to construct a multi -story residential
development at 7460 Biscayne Boulevard abutting the low density
single family neighborhood of Palm Grove.
Section 1800(1) and 1800(2) of the City's Zoning Code gives
my clients standing to appeal "ANY decision" (emphasis added) of
the Zoning Administrator or "director of the department of
planning, building and zoning." The decision to issue the Class
II building permits, including zoning approval, falls within this
category of decisions that can be appealed to the Zoning Board.
Among the planning and zoning errors made by the City in
issuing its approval of these projects are the following:
• The City's comprehensive plan specifically contains policies
that protect existing residential neighborhoods from
incompatible land uses and developments. Moreover, the Plan
contains policies that direct the City to permit high
density, multi -family developments near the downtown and in
close proximity to metro -rail and metro -mover .JUL O 1O5S
projects are inconsistent with the comprehensive plan of the
City of Miami.
• Section 907.3.2 of the City's Zoning Code requires
additional setbacks for projects built higher than 40 feet
when abutting residential zoning districts on the rear. The
residential development at 7460 Biscayne Boulevard will be
well over 40 feet in height and it abuts a residential
district on the rear.
• Article 1305 of the Zoning Code requires that certain
City of Miami Hearing Boards
June 29, 2004
Page 2
factors be considered before issuance of Class II special
permits, including, inter alia, the "use, occupancy,
location, design character and scale," of the proposed
project. This section also requires that conditions and
safeguards be established before permits are issued,
including "protection of adjacent properties, the
neighborhood." Because the scale and character of the
project undermines and threatens the integrity of the
adjacent Palm Grove neighborhood, the permit is issued in
error; and
• The appellants were denied due process in this matter
because the Zoning Administrator refused to consider the
additional site and neighborhood standards established by
the new SD-9 ordinance thereby ignoring a clear change of
zoning in progress at the time the permits were issued.
Enclosed with this notice is a check in the amount of $500
required by your departmental rules and regulations. We
appreciate your scheduling this matter before the Zoning Board at
your earliest convenience.
Very trey yours,
/
Andrew Dickman, AICP, Esq.
30/07 2004 15:06 FAX 3057580508
ANDREW AIC
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ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINIS RATOR AND ... Page 1 of 2
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ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING
Sec. 1800. Generally.
Appeals to the zoning board may be tak by any person aggrieve _ by any officer, board, or
agency of the city affected by:
(1) Any decision of the zoning erlministrator including, but not limited to, decisions involving
interpretation of this zoning ordinance and decisions on Class I Special Permits; or
(2) Any decision of the director of the department of planning, building and zoning including,
but not limited to, decisions involving Class II Special Permits.
Sec. 1801. Status of administrative decision; time limits on appeal; filing of appeal.
Decisions of the zoning administrator or the director of the department of planning, building and
zoning shall be deemed final, unless a notice of appeal is filed within not more than fifteen (15)
calendar days of the date such decision was rendered. S ch notice of appeal, specifying the
grounds thereof, shall be filed with an officer or agent signated by the city manager
Sec. 1802. Transmittal of notice and record.
The officer or agent designated by the city manager shall promptly transmit the notice of appeal
to the zoning administrator or the director of the department of planning, building and zoning, as
the case may be. The officer from whom the appeal is taken shall forthwith transmit to the
zoning board all the materials constituting the record upon which the decision appealed from was
taken.
Sec. 1803. Stay of proceedings_
,Ae appeal stays all proceedings in furtherance of the action appealed from, unless the officer
from whom the appeal is taken certifies to the zoning board, after the officer has received the
notice of appeal, that, by reasons of facts stated by such officer, a stay would, in the officer's
opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed
otherwise than by a restraining order issued by the zoning board or by a court of competent
jurisdiction, on notice to the o fficer from whom the appeal is taken and on due cause shown.
See, 1804. Setting hearing dates; notice.
The officer or agent designated by the city manager shall set a date for the hearing of the appeal,
which shall not be more than forty-five (45) calendar days from the date the notice of appeal was
filed; provided, the time limitation herein set out shall not apply during the thirty-one (31) days
of the month of August. Notice of such date shall be glen to the appellant by certified mail.
Notice by mail at least fifteen (15) calendar days in advance of the hearing shall be given to any
persons who, at any stage in the proceedings including that time prior to decision by the
administrative official, have in writing indicated their desire to be notified_
Sec. 1805. Availability of records.
All records in the matter of the appeal shall be open to the appellant and any other interested
persons, so that all persons concerned shall have full opportunity to prepare for the hearing of the
appeal.
Sec. 1806. Hearing; powers of zoning board.
The zoning board shall conduct the public hearing on the appeal. Any person may appear by
agent or attorney. All materials transmitted to the zoning board upon the notice of appeal shall be
a part of the record in the case. New materials may be received by the zoning board where such
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30/07 2004 15:07 FAX 3057580508 ANDREW DICKMAN,ESQ. I002
ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND .., Page 2 of 2
materials are pertinent to the determination of the appe,
In exercising authority to review the decision of the administrative official, the zoning board
shall have all the powers of the officer from whom the appeal is taken and, in conformity with
the provisions of law and this zoning ordinance, may reverse or affirm, wholly or in part, or may
modify the decision appealed from and may make such decision as ought to be made. The
concurring votes of five (5) members ofthe zoning board shall be necessary to reverse any
decision of such administrative official, or t o decide in favor of the appellant.
Sec. 1807. Review of decision of zoning board.
Review of decisions ofthe zoning board on matters covered by this article shall be as set out in
article 20 of this zoning ordinance.
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30/07 2004 15:07 FAX 3057580508 ANDREW DICKMAN,ESQ.
ARTICLE 25. DEFINITIONS
Z 003
Page 1 of 28
ARTICLE 25. DEFINITIONS
Sec. 2500. General definitions.
For the purpose of this zoning ordinance, certain terms or words used Herein are defined and
sbalbe ows:
w dd ""person" includes association, organiz Lion, partnership, trust, company, or
co �n�� ao in victual.
The present tense includes the future tense, the singular number includes the plural, and the
plural number includes the singular.
The word "shall" is mandatory. The word "may" is permissive.
The words "used" or "occupied" include the words "intended," "designed," or "arranged to be
used or occupied"
The word "lot" includes the words "plot," "parcel," or "tract."
The word "structure" includes the word "building„ as well as other things constructed or erected
on the ground, attached to something having location on the ground, or requiring construction or
erection on the ground.
The word "land" includes the words "water," "marsh" or "swamp."
Sec. 2501. Citation to specific definitions.
Because future amendment of this zoning ordinance will sometimes require the addition of new
definitions, changes in existing definitions, or deletion of definitions, the specific definitions of
section 2502 of this ordinance are not numbered and are, and are to be, listed in alphabetical
order. Citations are to be made to section 2502 of this ordinance and the specific definition
involved.
Sec. 2502. Specific definitions.
Abutting. To reach or touch; to touch at the end or be c tiguous with; join at a border or
boundary; terminate on. The term implies a closer proxuity than the term "adjacent." No
intervening land.
Accessory banking_ A banking service(s) office, which may or may not include automated teller
machines, however, not including drive through services of any kind.
Accessory use or structure. An accessory use or structure is a use or structure customarily
incidental and subordinate to the principal use or structure and, unless otherwise specifically
provided, located on the same premises. "On the same premises" shall be construed as meaning
on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the
principal building, it shall be considered part thereof, and not an accessory structure,
Actual construction. See Construction, actual.
Adjacent Lying near or close to; sometimes, contiguous; neighboring. The term implies that the
two (2) objects are not widely separated, though they may not actually touch.
Adult An adult is a person eighteen (18) years of age or older.
Adult daycare center. A facility which provides limited supervision and basic services on a part-
time basis by day or evening, but not overnight, to three (3) or more adults generally aged sixty
(60) years and over other than the family/employee occupying the p ereises, who cannot perform
one (1) or more aspects of daily living. The term does not include commtmity based residential
facilities, group homes, nursing home facilities or institutions for the aged.
Adult entertainment or service establishment. An adult entertainment or adult service
establishment is one which sells, rents, leases, trades, barters, operates on commission or fee,
purveys, displays, or offers only to or for adults products, goods of any nature, images,
reproductions, activities, opportunities for experiences encounters, moving or still pictures,
entertainment, and/or amusement distinguished by purpd4e and emphasis on matters depicting,
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