HomeMy WebLinkAboutAppeal LetterLOUISE R. CARO, ESQ.
3683 Avocado Avenue
Coconut Grove, Florida 33133
Phone : (954) 632-0569 Fax : (305) 448-0279.E
Iouiserc@bellsouth.net
Via Hand Delivery
January 22, 2007
Ms. Teresita L. Fernandez
Executive Secretary
Hearing Boards
City of Miami
444 S.W. 2" Avenue
7`h Floor
Miami, Florida 33130
RE: 1260 S. Venetian Way, Miami, Florida ("Subject Property")
Dear Ms. Fernandez,
This correspondence is transmitted to you on behalf of the Venetian Causeway
Neighborhood Alliance, and it is intended to appeal the Zoning Board's approval of a
variance Ior the above referenced property, file number 06-01844v, rendered by the
Zoning Board on January 8th, 2007 as ZB-07-0002 ("Final Decision") (A copy of the
Final Decision is attached as Exhibit "A"). This appeal is timely filed pursuant to
Articles 19 and 20 of the Miami Zoning Ordinance, and the Venetian Causeway
Neighborhood Alliance possesses the requisite legal standing to maintain this appeal
based, in part, on its membership owing property adjacent to, in close proximity to, and
irnpacted by the subject property : =
The basis for this appeal is that the Final Decision of the Zoning Board regarding
the application fails to adequately address the requirements in Article 19 of the City of
Miami Zoning Ordinance ("Zoning Code"), including but not limited to Section 1903.6
which requires that "the Zoning Board shall make findings that all of the criteria
requirements and standards of Section 1903.2 of this ordinance have been demonstrated
by the petitioner for variance."
The Section 1903.2 requirements that the applicant must demonstrate are:
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district;
(b) The special conditions and circumstances do not result from the actions of
the petitioner;
(c) Literal interpretation of the provisions of this zoning ordinance deprives the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this zoning ordinance and works unnecessary and
undue hardship on the petitioner;
(d) Granting the variance requested conveys the same treatment to the individual
owner as to the owner of other lands, buildings, or structures in the same zoning
district;
(e) The variance, if granted, is the minimum variance that makes possible the
reasonable use of the land, building, or structure; and
(f) The grant of the variance is in harmony with the general intent and purpose of
this zoning ordinance, and is not injurious to the neighborhood, or otherwise
detrimental to the public welfare by demonstration of compliance with the
following additional criteria related to impact, character and design:
1. The variance, if granted, would result in a project that is consistent with the
applicable criteria as set forth in Sections 1305.2 and 1305.3 of this zoning
ordinance, as such design relates to the particular location for which the variance
is being sought.
It is also this firm's opinion that the Final Decision does not address or identify
with specificity how the variance complies with Section 1903 which states:
A variance from the terms of this zoning ordinance shall not be granted by the
Zoning Board unless and until every mitigating measure to offset the impact of
the relaxed requirement has been taken.. .
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 Commission 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 hearing, and if no additional documents are required, that you set
this hearing before the Commission as required by City Ordinance.
Your prompt attention to this matter is greatly appreciated.
Sincerely,
Louise R. Caro, Esq.
Enc.
cc. Gilberto Pastoriza
City of Miami
Master Report
ZB Resolution ZB-07-0002
City !-tali
3500 Pan American Or
Miami, FL 33133
File ID #: 06-01844v
Version: 1
Enactment Date: 1/8107
Controlling Zoning Board Status: In Agenda
Body:
Title: A RESOLUTION OF THE MIAMI ZONING BOARD w1m ATTACHMENT(S) FOR A VARIANCE: AS
LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
1v11AM1, ARTICLE 4, SECTION 401, TO ALLOW AN INCREASED IN 0L.1G1I"i ELEVATION, PROPOSED
33'0", ALLOWED 25'0", WAIVED 8'0", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1260
SOUTH VENETIAN WAY, MIAMI, FLORIDA.
LOCATION: Approximately 1260 South Venetian Way (Commissioner Marc Sarnoft - District 21
APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of .1260 South
Venetian Way, LLC
FINDINGS:
PLANNING DEPARTMENT: Recommended denial,
PURPOSE: This will allow a new single-family home with more height than allowed.
NOTES: Continued from the Zoning Board hearing of November 13, 2006.
Reference: Introduced: 10/10/06
Name: Variance - 1260 S Venetian Way
Requester: Cost: Final Action: I/8/07
Notes:
Sections:
Indexes:
Attachments: 06-01844v Anaiysis.pdf, 06-01844v Zoning Map.pdf, 06-01844v Aerial Map.pdf, 06-01844v Application &
Supporting Docs.pdf, 06-01844v Plans,pdf, 06-01844v ZB 11-13-06 Fact Sheet,pdf, 06-01844v ZB 01-08-07
Fact Sheet_pdf
Action History
Ver. Acting Body Date Action Sent To Due Date Returned Result
City of Miami
Page I Prnnied on P21/2007
GnniniiiBoard Il/13'06 CONTINUED
A motion was made by Miguel A. Gabela, seconded by
carried by the followinbb vote
Aye: ti - Angel Urquuola, ileana Hernandez -Awl.- .luvetsal Pinta. Micluel A. Galicia and kon Cordon
No: 1 - Charles (aravagha
Absent: 2 - Joseph Ganguzza and C'. Chloe Keidaish
?',;A: 0 - «a Vacancy Position
Zoning Bored 1/8/07 APPROVE[)
A motion was made h1 Joseph Ganguzza, seconded by Miguel A. (3ahela, that this matter he APPROVED_ The motion
carried by the following vote:
Aye: 4 - Angel UrquioIw Charles Garavaglia, Joseph C3anGuzza and Migarel A. Gab€la
No: 3 - tleana Hernandez -Acosta, Juvenal Pina and Ron Cordon
Absent: 1 - C. Chloe Ke daish
NIA: 0 - * *Vacancy Position
l'itaa_ that this rnatter he CONTINUED. INt EI.). The atgotion
Ctq of €v1iani Paget Printed on 112E-2007