HomeMy WebLinkAboutClass II Special Permit AppealLAW OFFICES
SHUBIN &BASS
P R O F E S S I O N A L ASSOCIATION
Via Hand Delivery
October 12, 2005
Ms. Teresita L. Fernandez
Executive Secretary
Hearing Boards
City of Miami
444 SW 2" `i Avenue
yth Floor
Miami, Florida 33130
Re: Electra, 3601 North Miami Drive, Miami, Florida ("Subject Property")
Dear Ms. Fernandez:
This correspondence is transmitted to you on behalf of Odester One, LLC,
and is intended to appeal the Class II Special Permit approval for the above -
referenced property rendered on September 28, 2005 by Ana Gelabert ("Final
Decision") (A copy of the Final Decision is attached as Exhibit "A"). This appeal
is timely filed by Odester One, LLC pursuant to Section 1801 of the Zoning Code
of the City of Miami ("Zoning Code"), and Odester One, LLC possesses the
requisite legal standing to maintain this appeal based, in part, on its ownership of
real property located at 3621 NE Miami Court, Miami, which is adjacent to the
Subject Property.
The basis for this appeal is that the Final Decision regarding the application
fails to adequately address the following requirements in Section 1305 of the
Zoning Code:
46 S.W. 1st Street, 3rd Floor, Miami, FL 33130 Ph: 3054381.6060 Fx: 305.381=9457 www.shubinbass.com
Section 1305.2
I. Site and Urban Planning:
(2) Siting should minimize the impact of automobile
parking and driveways on the pedestrian
environment
(3)
Buildings on corner lots should be oriented to the
comer and public street fronts.
V . Vehicular Access and Parking:
(1) Design for pedestrian and vehicular safety to
minimize conflict points.
(2) Minimize the number and width of driveways
and curb cuts.
(3) Parking adjacent to a street front should be
minimized and where possible should be located
behind the building.
(4) Use surface parking area as district buffer.
It is this firm's opinion that the Final Decision does not identify with
specificity how the proposed project complies with the above -referenced
provisions of Section 1305.2. Although the Final Decision states finds that "the
application has been reviewed and found sufficient" with Section 1305, it does not
speak to the adequacy of compliance with these requirements.
Enclosed please find a check payable to the City of Miami in the amount of
$500.00 for the filing fee of this appeal.
This firm reserves the right to amend this appeal and serve the Board with a
memorandum of law prior to any scheduled hearing. It is requested that you advise
this firm if any additional forms must be submitted prior to this appeal being set for
SHUBIN&BASS, PA.
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hearing, and if no additional documents are required, that you set this hearing
before the Board as required by the City Code.
Your prompt attention to this matter is greatly appreciated.
Enc.
cc: Ms. Ana Gelabert
Adrienne Pardo, Esq.
-Sincerely,
JohnJohnK. Shun, Esq.
Fir the firm
SHUBIN & BASS, RA.
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