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HomeMy WebLinkAboutSubmittal-Brenda Kuhns Newman.5u-koldiel by and. Kuns J&tazo s 6 o City of Miami Department of Hearing Boards 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33130 Re: 23-43 NE 41 Street, Miami, FL 33137; Permit No.: 07-0183 Dear Department of Hearing Boards Officers: September 24, 2007 We respectfully request that the Department of Hearing Boards schedule the appeal of the = II Permit Number 07-0183, for the project located at 23-43 NE 41 Street, Miami, FL 331 fhQ.. !--- Class II Permit was approved August 24, 2007. The City of Miami Zoning Code provides an appeal period of fifteen (15) calendar days for any aggrieved party. All appellants listed herein were notified of the Class I1 Permit approval after that appeal period had lapsed. See notification of Class II Approval from Gary Lafaille of the City-ofMiami dated September 21, 2007, Exhibit A. Since the notification from the City of this approval was late, this appeal is timely. We anticipate review of this appeal and await notification of the hearing. We insist that all correspondence related to this matter is in writing. Pursuant to Section 1804 of the City of Miami Zoning Ordinance, the following persons wish to be notified by certified mail of the date and time of the hearing before the Zoning Board at least fifteen (15) calendar days in advance of the hearing: Annette Richter 18 NE 42 Street Miami, FL 33137 Wendy Stephan 101 NE 43 Street Miami, FL, 33137 Nina West 3690 Avacado Ave. Coconut Gove, FL 33133 Buena Vista East Historic Neighborhood Association c/o Pradel Denis P.O. Box 371 Miami, FL 33 Pradel is, resident Buena Vista East Historic Neighborhood Association /Y endy Stephan, ndividufllly a e on behalf of the Buena Vista East oric• eit hborhood Association Jane Herrera 95 NE 47 Street Miami, FL 33137 Annette Richter, Individually and on behalf of the Buena Vista East Historic Neighborhood Assoc. Nina West, Individually and on behalf of the Buena Vista East Historic Neighborhood Association ra, Individual y, and on behalf of Buena Vista East Historic Neighborhood Assoc. U 002 2 �� ` . ��� 0 or) �" �' j,d t_ (/ , feujyr) (re.:-.1 Windows Live Hotmail Print Message Page I of I Windows Live cc,yk Class 2 Permit was approved From: BVEHNA Buena Vista East Historic Neighborhood Assoc. (bvenna(p c_mail.com) Sent. Fri 9/21/07 4:56 PM To: Antonio Grullon (grullontBBbellsouth.net); Brenda Kuhns (brendakuhns(d,hotmail.cam); Fabiole Dubuisson Denis (Dubuisson1145@bellsouth.net); Jane Russell (j. e_russell(Tbellsouth.net); Nina West (nmawest1.000©yahoo.com); Richard Dickson (dnj3420@yahoo.com); schill Jerome (schilljerome. 1yahoo.::om; Cc: Wendy Stephan (wstephanC©bellsouth.net) Attachments: C: 2,, , , . KB., ! 2..pr: , 1 2 , KB, Security scan upon 2o•,^.n TREND - - Forwarded message From: Lafaille, Gary <giaf<:iii _:(:-;ia igov.c o:m> Date: Sep 21, 2007 11:19 AM Subject: To: �.v< t1! 1, buenaVista1.FLbellsout:h.net., ke .J`1/,beilsouth Cc:"Comeau, Rasha" < RSoray--Cameou;?tci.miami.ti.us> your link to the magic city Garry, Lafaille Service Center Aide, Little Haiti, 6421 NE 2 Ave, Miami, Florida 33138 Phone: 305-960-4660 Fax: 305-960-4669 ovn Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk http://by 120w.bay 1 20.rnail.live.com/mail/PrintShelLaspx?type=message&epids=faea 1 bee-... 9/27,2007 Page 1 of 2 Mail Calendar Documents Photos Groups Web more • Compose Mail ID box (1) Starred 5 Chats Sent Mail Drafts All Mail Spam (1) Trash Contacts BVEHNA Buena V Search. add or invite Labels Board Work Charrette Class II Permit Appr.. Crime Development Elections Email List Corrections Fun / Activities MISC MNU Parking Concerns Pets Real Estate Recommendations Schools Edit labels Invite a friend Give Gmail to: Send Invite 150left preview invite bvehna@gmail.com Settings I Help l Sign out Search Mail Search the Web Show search opts Create a filter Florida Real Estate - www.florida-real-estates.net - Waterfront C.Y los„rut'lloskVa2vtion VII « Back to Inbox Archive I Report Spam Delete More actions... ( Newer 25 of 64 Older ) (no subject) Inbox from "Lafaille, Gary" <glafaille@rniamigov_com> rude details Sep 21 (6 days to bvehna@gmail.com, buenavistal@bellsouth.net, kendj@bellsouth.net cc "Cameau, Rasha" <RSoray-Cameau@ci miami.fl.us> date Sep 21, 2007 11:19 AM mailed -by miamigov.com your link to the magic city Garry, Lafaille Service Center Aide, Little Haiti, 6421 NE 2 Ave, Miami, Florida 33138 Phone: 305-960-4660 Fax: 305-960-4669 glafaille@miami_gov.com permit9-07.pdf 1272K View as HTML Download Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk Reply Reply to all ...•;;. Forward Invite Gary to Gmail « Back to Inbox Archive Report Spam Delete I More actions... c Newer 25 of 64 Older > http://mail.google.com/mail/?ik=20b213ead0&view=cv&search=inbox&th=1 1528a8a981 b... 9/27/2007 kCh CITY OF MIAMI faNntai CLASS II SPECIAL PERMIT cCflwItt 9ck-f FINAL DECISION (f,k_caca k. File No. 07 0183 To: From: Carlos & Rosa de is Cruz 4 Harbour Point Key Biscayne, FL. 33149 Ana Gelabert. Director Planning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (41s' Street Art Space) Address: 23-43 NE 41 si Street, Little Haiti Intended Decision: ❑ Approval © Approval with conditions © Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class it Special Permit pursuant to Article 6, Section 608.3.1, 608.10 and 922.4 of Ordinance 11000. as amended, the Zoning Ordinance of the City of PJifami_ Florida Section 608.3 1 states explicitly that a Class it Special Permit shall be required prior to approval of any permit affecting the location_ relocation or alteration of any structure sign. awri „t landscaping, parking area or vehicular way visible from a public street or waterfront walkway S€~cto. 922 4 states explicitly that a Class I Special Permit shall be required for maneuvering on trucks .> public rights -of -way Section 608 10 states explicitly that offsite parking shall be permitted ,y Class =1 Special Permit when; located within the SD-8 zoning district Pursuant to Section 1301.2. of the above cited Zoning Ordinance. the Planning Department nos referrals to the following Departments and Boards • Zoning Department • Little Haiti NET Office, Neighborhood Enhancement Team • UDRB, Urban Development Review Board • Public 1Norks Department Their comments and recommendations have been duly considered and are reflected in this final decision In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made, Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk FINDINGS It is found that the proposed project is an Art Museum and the required parking will be addressed by paying into the Design District Parking Improvement Trust Fund • It is fond that this project was reviewed and recommended for approva with condit,ons by Ur e Internal Design Review Committee on July 3, 2007. • It is found that the proposed project comply with the intent of this special distnct such sto promote designIcommercial spaces at around level with an active steet-ievelrn environment • it is found that the proposed project was reviewed and approved with conditron h ti-;,e LiERB on July. 18. 2007. • It is found that a modified project was submitted on July 24 2007 to The Internal Desigr. Review [Committee. with the intent of addressing the conditions of UDRB and DR(: arid was recommended for approval • It is found that the applicant also is requesting tio allow bucks maneuvering on puoiicnqhts way for loadinglunloading purposes • It is found that as per Section 922 4 ;c), the subject proposal was reviewed and approved the public works director. During the review process, others issues have been mentioned the Public Works Department that needs to be addressed by the applicant • It is found that although the landscape plan complies with the Miami -Dade Landscape Ordinance some change will be required • It is found that with regard to the criteria set forth in Sec 1305 of the City of Miami Zoning Ordinance the application has been reviewed and found sufficient except for the issues listed above and contains in the conditions. Based on the above findings and the considered advice of the officers and agencies consulted on s matter and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby approved with conditions as presented in the plans and supporting materials submitted by the applicant and on file with the Planning Department and further subject to the :following conditions 1 Eliminated the driveway located at the west side of the property and replace it with another piantei island adjacent to the curb. 2 Provde a sidewalk with a consistent pattern and height that continues across vehicular area 3 The proposed 1.r:edification along NE 41'' Street must be approved by the Public Works Direct„.i- planters shall be designed as per Public Works Design & Standards 4 The applicant shall provide the Planning Department ,with the facades material for (e\ew arid approval prior to obtain any building permit 5 The applicant shall provide the Panning Department with a. temporary constr,iction parking pa with an enforcement policy and a c.;onstruction noise rnanauerr ent plan .with an enforcement p,r)lir::, The Class II approval is Conditioned on a full review lav the Office .3f Zoning, any' suestaritiai changes that arse due rc zoning comments wdl require a new Class 11 Permit rninoi chanqes due to zoning comments shall be considered substantialily in compliance with: approval NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party. within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing ,Boards, located at 444 SW 2" Ave., 71 Floor, Miami, FL. 33130 Telephone number (305) 4,1.672030, -•/ 4 4 '1 Date Signature Ana Gelabert Dtroctor Planning Department Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk DESIGN IZEN, IEV, CRITERIA 1) Respond to the ph physical eio.ironinent taking into ,olisittcratitin urban forin and natural teaturcs. (.2) 'Sitin).! should Iltinift1.1/.e 111C IlliptiCt tiutontobile park int.t iij tIri‘e\).tlys on the I.)edcstrian cio and adjacent pi opertiesi Itinitline,s 01 l flCi lOt!, to the corner and public street fronts. APPLICABILITY COMPLIANCE IL.Site and Urban Planninzj Yes. Yes. Yes. Yes. VA. 11) Arct0f,es.jure and I.,,,arAscaz: Arphitectgiip,: I) A project shall be designed No No to compl> ith all applicable landscape ord inances., t 2) Respond to the neighborhood Yes. Yes. context. Create a transition in bulk Yes. Yes. and scale: Ls Q architectural styles Yes. Yes. and details rsuch as root' lines and bencstration't, colors and materials deralive front surrounding aft,at t rtiulak. the building facade Ycs. Yes. ertically and horizontall> in inter\ als that conform to the existin structures in the vicinity. III) Pedestrian Oriented Dexelt)prnejtt: Proinotc pedestrian Yes. Yes. intelaction. itesign facades that Yes. Yes. pr an,u-il> to the human scalc: acti e. nol blank Yes, Yes. Wert: blank \xalls aieas OldablQ, i h should rt2Cek e design treatment. 3 Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk I ) hot, hie usable open space ilia alio \Ns hor eon \ enient and hc pedestrian aces from he public sitle\\,alls: andseaping.. inducling plant anti, trellises. speLdal enicins. screen dJs. planters tea:rues should be incinThdrated to Linhance the projeet, 1 i 1)csign lr)r pedestrian LtIld \ eh i;:rdrir solet to ininirnite conflict points: (2) Nlinirni/e the number and I Pro\ ide landscaping dial undesirable elements (2; siies should locate Ltr\ iLt.e elements avi.a from street front vhere possible or screened from \ie Screen park Mg.. garage situr.drires \\MI program LISCS, IV) Streetscape and (veil `Space. No V) Vehicular Access and Parking: Yes. Yes. V Screen i Yes N;A Yes. Yes. Nil Yes. Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk September 28, 2007 Mr. Anel Rodriguez Department of Hearing Boards Miami Riverside Center (MRC) 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33130 Telephone: (305) 416-2030 Fax: (305) 416-2035 Re: 23-43 NE 41 Street, Miami, FL 33137; Permit No.: 07-0183 Dear Anel, Yesterday, Nina West and I delivered to you an appeal (attached) on behalf of Nina West, Wendy Stephan, Jane Herrera, Annette Richter, and the Buena Vista East Historic Neighborhood Association (BVEHNA). That appeal refers to the fact that BVEHNA was not notified timely as evidenced by the email from the City notifying BVEHNA of the class El approval on September 21, 2007. That email was attached to the appeal delivered to you yesterday and is also attached (though in a different format) to this fax. Please include this document with the appeal delivered to you yesterday. We anticipate your acceptance of our appeal. Please ensure all correspondence with the appellants is in writing to the addresses included in the appeal. Best regards, Brenda Kuhns Neuman BVEHNA Board Member BVEHNA Development Committee Chairperson Submitted into the public record in connection with item PZ.1 on 05-08-08 Priscilla A. Thompson City Clerk