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Traurig
Lucia A. Dougherty
(305) 579-0603
E-Mail: doughertyl@gtlaw.cona
March 29, 2006
VIA HAND -DELIVERY
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
Re: YMCA Carver/ Appeal of Zoning Board Decision File # 06-00415x YMCA
Village Allapattah Phase I, LLC, and YMCA of Greater Miami, A Not -for -
Profit Organization Approx. 401 NW 71st Street, Miami, FL 33150
Dear Ms. Fernandez:
On behalf of the applicant YMCA Village Allapattah Phase I, LLC, and YMCA of
Greater Miami, A Not -for -Profit Organization (the "Appellant"/"Applicant") and pursuant to
Section 1201 of the City of Miami Zoning Ordinance (the" Zoning Ordinance"), this letter
constitutes an appeal of a decision (the "Decision") rendered by the City of Miami Zoning
Board at its hearing held on March 27, 2006 to deny a Special Exception to allow residential
use in a C-2 (Liberal Commercial) zoning district for the above referenced Property (the
"Property"). The Property is located in a C-2 (Liberal Commercial) zoning district on NW
71st Street between NW 3rd Avenue and NW 5`h Court.
In essence, the Zoning Board determined that the Special Exception was not
warranted despite a positive recommendation and analysis given by the Planning
Department. In addition, the decision to deny the Special Exception is inconsistent with the
language in Article 4, Section 401, for the C-2 regulations which provides for multifamily
residential dwellings in the C-2 district when:
1.
The proposed site's proximity to other residentially zoned property makes
it a logical extension or continuation of existing residential development;
and
March 29, 2006
Page 2
2. Adequate services and amenities exist in the adjacent area to accommodate
the needs of potential residents.
The site is located within 500 feet of other residentially zoned property, thus it is a
logical extension to existing residential development. No evidence was presented to oveti ide
the analysis and recommendation provided by the Planning Department.
Based on the foregoing, the Appellant respectfully requests that the decision of the
Zoning Board be reversed. We respectfully request to appeal the decision of the Zoning Board.
Please contact me when the item is to be scheduled to be heard at 305-579-0603.
Respectfully submitted,
GREENBERG TRAURIG,PA.
By:
Cc: Michael Cox
Gonzalo DeRamon
ucia A. Doughe
y