HomeMy WebLinkAboutClass II Appeal LetterANDREW 7J DICKMAN
Attorney- at Law
Law Offices of
ANDREW DICK1vIAN, PA.
91 !1 Park Dr Miami Shores, FL 33138
VIA
NI
DELIVERY
November 10, 2004
Teresita L. Fernandez, Director
Office of the Hearing Boards
CITY OF MIAMI
444 SW 2nd Ave, Seventh Floor
Miami Florida 33130-1910
Tel: 305.758.3621
Fax; 305,758.0508
andewclickman@belisouth.net
Re: Notice of Appeal of the Decision by the Director
of the Planning and Zoning Department ("Decision")
approving a Class II special permit (#2004-198) at
5301-5501 Biscayne Boulevard rendered October 27,
2004.
Dear Mrs. Fernandez:
This firm represents the Morningside Civic Association,
Inc., including four individual residents in Morningside,
Rod Alonso, Ron Stebbins, Scott Crawford, and Elvis Cruz
(the "Appellants"), all of whom 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 October 27, 2004, the City issued a Class
II special permit to construct two multi -story residential
developments at 5301 and 5501 Biscayne Boulevard abutting
the low density single family neighborhood of Morningside,
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 special permit falls within this
category of decisions that can be appealed to the Zoning
Board.
Article 1305 of the Zoning Code requires that certain
factors be considered before issuance of Class II special
permits, including 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." The scale and character of
the project undermines and threatens the integritytalitri)4P4,_
adjacent Morningside neighborhood.
City of Miami Hearing Boards
November 1 0, 2004
Page 2
The Appellants specifically reserve their right to
present additional evidence, testimony, and planning and
zoning errors at the hearing in connection with this pear{it®
Enclosed with this notice are two checks in the amount
of $500 required by your departmental rules and regulations.
We appreciate your scheduling these matters before the
Zoning Board at your earliest convenience.
Very truly you s,
Andrew Dickman, AICP, Esq.