HomeMy WebLinkAboutClass II Appeal LetterANDREW W.J. DICKMAN
Attorney at Law
Law Offices of Tel: 305.758.3621
ANDREW DICKMAN, P.A. Fax: 305.758.0508
911 I Park Dr • Miami Shores, FL 33138 andewdicianan@bellsouth.net
July 30, 2004
VIA HAND DELIVERY
Teresita L. Fernandez, Director
Office of the Hearing Boards
CITY OF MIAMI
444 SW 2`d Ave, Seventh Floor
Miami Florida 33130-1910
Re: Notice of Appeal of the Decision by the Director of
the Planning and Zoning Department ("Decision") for a
Class II permit at 5101 Biscayne Boulevard and a Class
II permit at 5225 Biscayne Boulevard rendered July 21,
2004.
Dear Mrs. Fernandez:
This firm represents the Morningside Civic Association,
Inc., including four individual residents in Morningside, Rod
Alonso, Ron Stebbins, Scott Crawford, and Elvis Cruz, who all own
homes and reside in near the above referenced projects. This
letters serves to notify you that my clients are materially
affected by the above referenced decisions. Therefore, please
consider this our formal notice of aypeal, and in support we
allege:
On or about July 21, 2004, the City issued two Class II
special building permits to construct two multi -story residential
developments at 5101 and 5225 Biscayne Boulevard abutting the low
density single family neighborhood of Morningside.
Section 1800(1) and 1800(2) of the City's Zoning Code gives
my clients standing to appeal "ANY decision" (emphasis added) of
the Zoning Administrator or "director of the department of
planning, building and zoning." The decision to issue the Class
II building permits, including zoning approval, falls within this
category of decisions that can be appealed to the Zoning Board.
Among the planning and zoning errors made by the City in
issuing its approval of these projects are the following:
• The City's comprehensive plan specifically contains policies
that protect existing residential neighborhoods from
incompatible land uses and developments. Moreover, the Plan
contains policies that direct the City to permit high
density, multi -family developments near the downtown and in
close proximity to metro -rail and metro -mover. These
projects are inconsistent with the comprehensive plan of the
City of Miami.
• Section 907 . 3.2 of the City's Zoning Code reat49
additional setbacks for projects built higher thane.;
when abutting residential zoning districts on the rear. The
two residential developments at 5101 and 5225 Biscayne
Boulevard will be well over 40 feet in height and they both
City of Miami Hearing Boards
June 29, 2004
Page 2
abut a residential district an the rear_
• Article 1305 of the Zoning Code requires that certain
factors be considered before issuance of Class II special
permits, including, inter alia, the "use, occupancy,
location, design character and scale," of the proposed
project. This section also requires that conditions and
safeguards be established before permits are issued,
including "protection of adjacent properties, the
neighborhood." Because the scale and character of the
projects undermines and threatens the integrity of the
adjacent Morningside neighborhood, the permits were issued
in error; and
• The appellants were denied due process in this matter
because the Zoning Administrator refused to consider the
additional site and neighborhood standards established by
the new SD-9 ordinance thereby ignoring a clear change of
zoning in progress at the time the permits were issued.
Enclosed with this notice are two checks in the amount of
$500 each (one for each project) required by your departmental
rules and regulations. We appreciate your scheduling these
matters before the Zoning Board at your earliest convenience.
Very truly your,
Andrew"Dickman, AIC), Esq.