HomeMy WebLinkAboutAppeal Letterimer'a A. Dougherty
(305) 579-0603
Direct Fax: (305) 961=.60$
E-Mail: ritru glrcriyl@gtia-W_;;r.,t
February 27, 2007
Hand Delive
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130
Re: Variance Appeal for Property located at approximately
296 SW 7th Street, Miami, FL
File # 06-02074v
Dear Teresita:
On behalf of the owner, Angel Parets and Pablo Orozco, this letter constitutes an appeal
of the decision of the Zoning Board at its hearing held on February 26, 2007, with regards to the
above referenced Variance request.
The Variance for an increase in the permissible footprint for the project was denied by
the Zoning Board although the Planning Department had recommended approval of the Variance
request. The Zoning Board denied the request because they did not believe that our proposed
project site had a significant hardship. The project site is unique in that it contains
approximately five (5') feet of river rock wall which is being preserved on the South and East
sides of the property, as well as previous right of way dedications on the North and West sides of
the property creating a much smaller site which can be built on.
Furthermore, pursuant to Zoning Ordinance Section 1903, the project complies with the
necessary criteria for the approval of a Variance request as follows:
a) The property site included in this application is a distinctive site because it contains
along the South and East sides, a unique rock bed approximately 5 feet wide. The proposed
project is preserving the rock wall and incorporating it into the proposed development.
Furtheiinore, the property abuts SW 7th Street a state right of way and SW 3`d Avenue a City
right of way, which portions have been previously dedicated for right of way purposes, along the
North and West sides of the property. As a result of the preservation of the rock wall and the
previous dedications, the site has a distinguishing circumstance. To the best of our knowledge,
there are no other sites in the area which have a similar situation.
(b) The special conditions and circumstances do not result from the actions of the
petitioner as the river rock preservation seeks to protect an archeological piece of the history of
the Miami River. Furthermore, the right of way dedications were dedicated for the benefit of the
public.
CreenDerg Tr uag, _ . ,.
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3GHT,_579.0500 e Fax 305 57
MIA 57955454bv1 2/27/2007
(c) The preservation of the river rock wall, along with the right of way dedications
deprive the applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of this zoning ordinance and is an 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 makes possible the reasonable use of the land and building by
permitting a moderate project for the area to be constructed with a bit larger footprint, at a
reasonable height while preserving a natural feature unique to the area. In addition, the variance
makes possible the reasonable use of the building by providing the wider footprint it facilitates
better maneuvering in the parking levels of the garage ; and
(f) The planning department has recommended approval of the project as it is 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.
Evidence was presented at the Zoning Board hearing, as well as in the application for the
Variance which demonstrates compliance with above criteria. There was no neighborhood
opposition present at the Zoning Board. The Zoning Board erred in denying the Variance by
failing to provide any substantive competent evidence against the approval of the application.
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 305-579-0603.
LAD/ive
cc: Mr. Angel Parets
Mr. Pablo Orozco
Very truly yours,
Lucia A Dougherty
MIA 179554545v1 2127/2007