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HomeMy WebLinkAboutAppeal LetterMITCHELL A, Ftf ERMAN N NIA. L. BONISKE M TCH LL J. BURNSTEIN JAMIE ALAN COLE STEPHEN J. HELFMAN GILBERTO PASTORIZA MICHAEL 5. P©'''OK JaSEPH H. SEROTA S'USAN L. TREVARTHEN RICHARD JAY WEISS DAVID M. WCLPIN LYNN M. DANNHE€SSER ;iNACID G. DEL VALLE DOUGLAS R. GONZALES MEE_ISSA P, ANDERSON* LILLIAN ARANGO DE LA HOZ' JAMES E.BAKER JEFF F.H. CAZEAU RAOUEL ELEJABARR1ETA CHAD FRIEDMAN ALAN L. GABRIEL' WE ss SER0TA IIELFMAN FASTOPI Z A COLE 8( NONISKE, F AT T OR N EYS AT LAW OFFICE VIA HAND DELIVERY 2525 PONCE DE LEON BOULEVARD SU17E 700 COPAL GABLES, FLORIDA 33134 TELEPHONE 305--654-0500 FACSIMILE 305-B54-2323 wwW. WSM-LAW.CON9 SROWARD OFFICE 200 EAST 5ROWARA ROULEVARD . SUITE 1900 FORT LAUDERDALE, FLORIDA 33301 -rELer->r+PNE 954-763-4242 FAC5 LC 954-764-7770 Ms Teresita Fernandez Executive Secretary Department of Hearing Boards City of Miami 444 SW 2" Avenue, 7th Floor Miami, Florida 33130 'OF COUNSEL April 13, 2007 GREGORY A. HAILE JOHN J. KENDRICK KAREN LIEBERMAN* JOHANNA M. LUNDGR_N ANDREW W. MAI MATTHEW H. MANDEL PAM1 MAUGHAM ALEXANDER L. PALENZUELA-MAURI YUNIOR PINEIRO JONN J. QUICK ANTHONY L. REC1O SCOTT A. ROBIN GAIL D. SEROTA ' JONATHAN C. SHAMRES ESTRELLITA S. SIBILA EDUARDO M, SOTO MICHAEL L. STINES JOSE 5. TALAVERA STEVEN E. TAYLOR LAURA K. WENDELL` JAMES E. WHITE CLINTON A. WRIGHT III* Re: Appeal of Historic and Environmental Preservation Board designation of the Little House in Ye Little Wood as a Historic Site; Resolution No. HEPB-20007-24 Dear Ms. Fernandez: Our firm represents Mr. Joshua Goldberg, the owner of the single family home located at 3848 Little Avenue (the "Property"). On April 3, 2007, the Historic and Environmental Preservation Board ("HEP Board") designated Mr. Goldberg's home as a historic site. Pursuant to §23-4(b)(5) of the Code of the City of Miami (the "City Code"), we appeal the HEP Board's decision to designate Mr. Goldberg's home as a historic site (the "Designation"). Enclosed we have provided a copy of Resolution No. HEPB-20007-24 passed and adopted on April 3, 2007 (the "Resolution") as well as the fees associated with this request. On behalf of Mr. Goldberg, we appeal the HEP Board's decision because there is no substantial competent evidence to support the designation of this home as a historic site and the members of the HEP Board failed to apply the proper criteria as outlined in Chapter 23 of the City Code. The Designation Report prepared by the Planning Staff recommended denial of the -Ms_ Teresita Fernandez April 13, 2007 Page ? designation of Mr. Goldberg's home, recognizing that the designation would serve little or no public purpose since the site is located within a private, gated subdivision which is not accessible to the general public. Additionally, the Planning Staff recommended consideration of the Ye Little Wood subdivision as a district rather than exclusively scrutinizing Mr. Goldberg's home for historic significance. The substantial competent evidence of record indicates that there is strong consideration for creating a historic district encompassing the entire Ye Little Wood subdivision rather then exclusively inordinately burdening Mr. Goldberg's property rights by the grant of the historic designation. Mr. Goldberg has constitutionally protected property rights that have been jeopardized by this designation process. Particularly the method in which the designation process is instituted raises constitutional issues and creates unintended yet substantial interference with constitutionally protected property rights. A fundamental fairness issue is also raised when as in this case; a neighboring property owner over the objections of the property owner can trigger a process which takes away property rights of the objecting owner. Secondly, the HEP Board has the opportunity to review the Ye Little Wood subdivision as a historic district thereby equally regulating all property owners within the subdivision and not simply and exclusively inordinately burdening Mr. Goldberg's property rights. Finally, the designation of Mr. Goldberg's home exclusively was not ripe for consideration by the HEP Board since the Department recommended denial so that the entire subdivision can be studied for historic significance. For the reasons stated herein we respectfully appeal the decision of the HEP Board and look forward to presenting this issue before the City Commission at the next available agenda. We thank you for your attention to this matter and ask that you contact us with the next available hearing date. GP/rn s 1407001 Enclosures cc: Joshua Goldberg Kathleen Kaufman Gilberto Pastoriza WEISS SEI OTA HELPMAN P&sToRIzA COLE & BONISKE, P.A.