HomeMy WebLinkAboutZB Appeal LetterN
AN RE D C_ A
Law Offices of
ANDRFW DICKMAN, P.A.
9111 Park Dr e Miami Shores, FL 33138
at Law
December 22, 2004
Tel: 305.758.3621
Fax: 305.758.0508
andrewdickman@bellsouth.net
DEC 22
VIA HAND DELIVERY
Teresita L. Fernandez, Director
Office of the Hearing Boards
CITY OF MIAMI
444 SW 2nd Ave, Seventh Floor
Miami Florida 33130-1910
Re: Request for Review of the Decision by the Zoning
Board ("Decision") Denying the Appeal of 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 request for review by the City Commission, 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 integrity of the
adjacent Morningside neighborhood.
4:
City of Miami Hearing Boards
December 22, 2004
Page 2
On December 13, 2004 the City's Zoning Board heard and
denied our appeal of this special permit. Pursuant to
Article 20 of the Miami Zoning Code, the Appellants hereby
request a review of the Zoning Board decision by the City
Commission.
The Appellants specifically reserve their right to
present additional evidence, testimony, and planning and
zoning errors at the Commission hearing in connection with
this permit.
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 City
Commission Board at your earliest convenience.
Very t you 3,
Andre ickman, AICP, Esq.
copy: Morningside Civic Association, Inc.