HomeMy WebLinkAboutAppeal LetterGreenberg
Traurig
March 29, 2006
Hand Delivery
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130
AdrienmFriesner Pardo
(305) 579-0683
Direc€ Fax: (305) 961.55R3
E-Mail pardpamgclaw_eom
Re: Emerald Terrace Special Exception and Variance Appeals / Property Located at
approximately 244 NW 72" Terrace / File # 06-00417x and 06-00417v
Dear Teresita:
On behalf of the applicant Emerald Terrace Limited Partnership this letter constitutes an appeal of the
decision of the Zoning Board at its hearing held on March 27, 2005 with regards to the above referenced Special
Exception and Variance.
In essence, the Zoning Board determined that the Special Exception and Variance was not warranted
despite a positive recommendation and analysis given by the Planning Department. The Variance was denied
although the City Commission approved, on first reading at its hearing of March 23, 2006, a modification to the C-2
district regulations that would eliminate the need for a variance for this project. 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
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. in addition, a supermarket abuts the site and it, among surrounding schools and
other businesses, will provide the necessary services for the development. No evidence was presented to override
the analysis and recommendation provided by the Planning Department. We respectfully request to appeal the
decision of the Zoning Board. Please contact me when the item is scheduled to be heard at 305-579-0683.
Adrienne Friesner Pardo
cc: Mr. Marc Plonskier
Mr. David Carxepari
Mr. Jim Koningisor
Mr. Nick Inarndar
Javier F. Avina, Esq.
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Greenberg Traurig, P.A. I Attorneys at Law 11221 Bricked Avenue f Miam, FL 33131 I Te[ 305.579.0500 I Fax 305.579.0717 I vA w.gtiaw.com