HomeMy WebLinkAboutAppeal Letter305
May 20, 2008
ANT)1) LIVER
Ms. Teresita Fernandez
Secretary
Hearing Boards Office
City of Miami
444 S.W. .2'd Avenue
Miami, Florida 33131
701
Ines Marrero-Priegues
305 789 7776
ines.marrero@hklaw.com
hklaw.con
Re: City Commission Resolution R-07-0249 --- ( File No. 06-01066xt)
Appeal of the Decision of the Miami Zoning Board denying the request for an
Extension of Time for a Special Exception Granted by the City Commission on April
26, 2007
Dear Ms. Fernandez:
This letter constitutes a timely appeal of the decision of the Zoning Board on May 12,
2008, denying the request for extension of time pursuant to Section 1606.2 of Zoning Ordinance
11000 for the Special Exception approval by the City Commission pursuant to Resolution No. R-
07-0249.
On behalf of Georgia Apartments, LLC. ("Appellant"), please consider this letter as the
timely appeal of the Zoning Board's decision denying the extension of time. As stated in the
extension of time request letter, this Special Exception subject to conditions was approved by the
City Commission pursuant to Resolution No. R-07-0249. A one-year extension of time was
requested on April 2, 2008.
Section 1606.2. of the Zoning Ordinance provides that "in granting any Special
Exception, the zoning board shall, as a condition, specify a reasonable limitation of time within
which action under such special permit shall be begun or completed, or both." In the case of the
Appellant's project, it required a special exception to allow multifamily residential development
in the C-2 District. On September 25, 2006, by a vote of 5 to 1 (2 Zoning Board members
absent) the Zoning Board approved the request subject the condition that a building permit be
obtained within a year of the approval. On appeal from that approval, on April 26, 2007, the
City Commission upheld the approval by a vote of 2 to 1 (2 City Commissioners absent).
In support of its request for an extension of time, the Appellant stated that it had
diligently pursued and obtained the necessary tax credit financing from the State of Florida; that
the project had changed non -substantially due to changes in market conditions; that the
conditions of Section 1305.3 had not changed;that the criteria of Section 1305.3 were still m.et;
Atlanta • Bethesda • Boston ® Chicago • Fort Lauderdale • Jacksonville • Los Angeles
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1.av 2, 2008
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and that issuance of a building permit was reasonably expected within several additional months.
The Zoning Board failed to consider any of these factors and denied the request for extension of
time. Furthermore, the Zoning .Board did not provide written reasons for the denial.
The Appellants project is not only an important project for the redevelopment of the
Miami Edison area, it is also a City of Miami Community Development project. It is
unreasonable and unfair to deny the Appellant an additional period of time to obtain a building
permit for the project.
Based of the foregoing, we respectfully appeal the decision of the Zoning Board denying
the extension of time and hereby request that this matter be scheduled before the City
Commission at the earliest possible date as a non-public hearing item,
A check in the amount of $800.00 for the appeal fee is enclosed. Should you have any
questions or need additional information, please do not hesitate to contact me.
Very truly yours,
Ines Marreroiegues
Cc: Mr. Michael Cox
Mr. Gonzalo De Ramon
# 5342628 vl