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HomeMy WebLinkAboutZoning Board Appeal LettersMs. Teresita Fernandez Executive Secretary City of Miami Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami, FI 33130 Tuesday, January 16, 2006 Re: 1800 SW 8th Street. Item 16# 2006-1038 Dear Ms. Fernandez: Please accept this letter as our written request for appeal of the decision of the Zoning Hearing Board on January 9, 2006 regarding Item 16#2005-1038 requesting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations. Our appeal is based on the Zoning Board erred in their analysis whereby they understood that the 10' dedication was for public roadway expansion of SW 8th Street. In fact, there are no plans whatsoever, either by the City of Miami or Florida Department of Transportation, to widen SW 8th Street at that location. Accordingly, we hereby request an appeal of the zoning board's decision. Please place this matter at the next possible City Commission meeting. Thank you for your prompt attention to this matter. Oscar Rivera Managing Member 3059 Grand Avenue, Suite 410 Miami, Florida 33133 Phone: 305. 461.4144 Fax. 305. 461. 4148 www.riversdevelopmentgroup.com COLLADO and partners, inc. architecture planning and interiors January 11, 2006 Mrs. Teresita Fernandez, Executive Secretary City of Miami Hearing Boards 444 SW tad Avenue, 7th Floor Miami, Florida 33130 305-416-2030 RE: 1800 SW 8th Street, Item 16 #2005-1038 Dear Mrs. Fernandez: This letter is to inform you of our appeal towards the decision made by the hearing board on January 9, 2006 regarding item 16 42005-1038 for a variance from ordinance no. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401. Schedule of District Regulations, The reason for the appeal is that I, Mr. Ramon J. Collado, the architect, was under the impression that since I had previously registered once before as a lobbyist, I did not have to re -register. I now discover that I must register on a yearly basis with the City of Miami and have no problem in complying. However, due to the above stated I was not able to fully elaborate on the Havana Loft project and the reasons for the request of the variance. Attached with this request for the appeal I have enclosed the registration for lobbyist privileges together with the necessary payments. Thank you for your cooperation in advance. Sincerely, 7 Ramon J. Collado 269 nIRALIV, vctit. a - svrr c 101A - CORAL CABLES _ FLORIDA 33134 PHONE NUMBER: 305.569.9911 - FAX NUMBER: 305.569.9365 ARTICLE 20. STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY CITY COMMISSION; COMMISSION POWERS; EXHAUSTION OF ADMINISTRATIVE REMEDIES AND JUDICIAL REVIEW Sec. 2001. Status. Decisions of the zoning board, whether acting on matters of appeal from the zoning administrator or director of the department of planning, building and zoning or acting in its original jurisdiction on matters of Special Exceptions or variances, are to be deemed final unless, within fifteen (15) calendar days of the date of the board decision, a request for review by the city commission is made in the manner herein set out. Sec. 2002. Filing request; payment of fees; who may file. A request for review of a zoning board decision by the city commission shall be filed with an officer or agent designated by the city manager stag te the specific reasons for such appeal, together with payment of any required feed Such request may be filed by the applicant or petitioner or by any person or persons, jointly or severally, aggrieved by the action of the zoning board, or by any officer, department, board, commission, or bureau of the city. Sec. 2003. Procedures. The officer or agent receiving the request for city commission review shall certify such request through regular channels. Notice of commission hearing on the matter shall be given as required originally for the particular type of permit or action for which commission review is requested. See. 2004. City commission powers on review. The city commission on review shall have full power to affirm, reverse, or modify the action of the zoning board. Sec. 2005. Exhaustion of administrative remedies and judicial review. Any appeal from the decision of the city commission may be taken by any person or persons, jointly or severally, aggrieved by any decision of the city commission by filing a notice of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in accordance with the procedure and within the time provided by the Florida Rules of Appellate Procedure for the review of the rulings of any commission or board. It is the intent of the city commission that all steps as provided by the zoning ordinance of the City of Miami, Florida ("zoning ordinance"), be taken before any application is made to the court for relief; and no application shall be made to the court for relief from decisions made pursuant to the zoning ordinance unless the aggrieved party has first exhausted all remedies provided under the zoning ordinance.