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HomeMy WebLinkAboutAppeal LetterCAKLOS W LL;ARD 3 FLANAGAN, ATTORNEYS AT LAW THOMAS P. C.A1 l.OS W. CHAP WILLIARG IEFFREY AA_ FLANAGAN April 3, 2007 VIA Facsimile & Hand Delivery Ms. Teresita Fernandez Executive Secretary of Hearing Board City of Miami Department of Hearing Boards 444 SW 2nd Avenue, 7th Floor Miami FL, 33130 Suer I000 999 PONCE DE'_EON B©LILEVARD CORAL GABLES. FLORIDA 33134 TELEPHONE 305 ^44.15O0 FACSIMILE 305.443.8617 F- MAIL: INR) a@CWFPA.COM SENT)ER E-MAI? : CHADW(RCWFPA.COM RE: City of Miami Hearing No. 07-00202v (1701 NW 15th Street; Applicants — Chad Williard, Esq., on behalf of Kenwood Properties LLC) Dear Ms. Fernandez: Please be advised that I am the attorney for Kenwood Properties LLC (the "Applicants"), in connection with the above referenced; City of Miami Zoning Application (the "Application"). On Monday March 26, 2007, the City of Miami Zoning Board denied the Application. As such, please accept this correspondence as the Applicant's timely request that the aforementioned Zoning Board denial of the Application be appealed to the City of Miami Commission. The reasons for appeal are set forth herein. First, in denying the Application, the Zoning Board failed to follow essential elements of the law. Additionally, as a review of the Zoning Board Hearing will confirm, the Applicant was denied due process by the Zoning Board. Specifically, the Applicant was specifically prohibited by the Chairperson of the Zoning Board from rebutting certain, factually incorrect, statements put into the record by City staff regarding the timing of a certain change to the City of Miami Zoning Code, to wit: when a city of Miami Building and Zoning Department representative indicated that Section 907.3.2 was amended in 2003, Chairperson lleana Hernandez Acosta prohibited the Applicant's attorney from stating for the record that, in fact, this information was incorrect; and that the change to the Code was effectuated in 2004 (and was not made public vis-a-vis publication in the City of Miami Zoning Code, until approximately JunelJuly of 2005). This misstatement of fact by the Building and Zoning representative greatly prejudiced the Applicant in its effort to justify the requested Zoning Variance. For these reasons, the Applicant respectfully requests that you schedule this appeal on the next available City of Miami Commission Agenda. Please advise as the scheduled date at your earliest convenience. Yours truly, CARLO WILLIARD & FL NAGAN, P.A. /1 ard, Esq. cc: via facsimile Mr. Kevin Vega, Kenwood Properties LLC