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W. TUCKER GIBBS
ATTORNEY AT LAW
P.O. Sox 1050
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 448-8486
FACSIMILE (305) 448.0711
March 30, 2005 VIA RAND DELIVERY
City Manager
City of Miami
444 S.W. 2w1Avenue, Tenth Floor
Miami, Florida 33130-1910
Re: Appeal Planning Director's Issuance of Class II Permit
for Mercy Hospital, 3663 South Bayshore Drive, Miami,
Florida
Dear Sir:
I represent the Bay Heights Home Improvement Association,
Inc., and Nancy Benovaich the owner of the property at 243
Shore Drive East, Miami, Florida 33133. The City of Miami
Planning Director, on March 16, 2005 issued a Class II permit
for construction of a 45,580 square -foot, two-story addition
to, and renovation of the emergency department at Mercy
Hospital.
Let this letter serve as the notice of appeal pursuant to
sections 1800 and 1801 of the Zoning Code of the City of
Miami of the planning director's decision to grant a Class II
permit for the Security Building exterior remodeling at the
above referenced address.
The grounds for this appeal are as follows:
Article 13 of the Miami Zoning Code sets forth criteria
for the issuance of a Class II permit.
a. There are no written findings specific to each of
the criteria listed in section 1305.2 as required
by section 1305.
b. Section 1305.2 requires "special consideration" in
the city's design review process where a "plan" is
in place. There is no evidence in the Class 2I
approval document that any such "special
consideration" was given in this design review
process.
c. The Class 11 Permit states that this addition "...is
in harmony with the architectural character of this
complex and its implementation will enhance,
compliment the overall appearance of the area~ri`✓`
general." Yet neither the permit nor the documents
March 30, 2005
.City Manager
Page 2
on file with the planning department provide any
factual basis for these assertions.
Because of the foregoing and the generalized nature of the
findings, my client has no way to know how this decision
complies with the zoning code and the city's comprehensive
plan.
For those reasons, appellant Bay Heights Home Improvement
Association, Inc., and Nancy Benovaich through their
undersigned attorney, hereby appeals the issuance of the
Class II permit for the referenced property.
Furthermore, appellant reserves its right to supplement this
appeal letter with briefs or memoranda prior to zoning board
consideration of this appeal.
Sincerely,
),(/
W. Tucke& Gibbs
cc: Bay Heights Home Improvement Association, Inc.
Nancy Benovaich
Ana Gelabert-Sanchez, Planning Director
Priscilla Thompson, City Clerk
Jorge Fernandez, City Attorney
Terecita Fernandez, Director, Hearing Boards Office
.APR-14-2005 09:38AM FROM—W. Tucker Gibbs, P.A. 3054480773 T-351 P.002/002 F-209
W. TUCKER GIBBs
P.O.anWaymwar
Sax 1050
COCONUT OrivE, Itaigm, 33133
TELEIPICIMI CO31 40,44ft
?A:WM.8(305)44*Ot 1
April 14, 2005
VIA FACSIMILIC
and U. S. MAIL
Terecita Fernandez
Director, City of Miami Hearing Boards Office
444 S.W. 2ndAvenue, Seventh Floor
Miami, Florida 33130-19.10
Re: Appeal of Glass II Permit 1110. 0 -0065: NercT Hospital,
3 663 South la a prim xi ` F] OL Jda
Dear Ms Fernandez:
2 represent the Bay Heights Home Improvement Association,
Inc., and Nancy Benouaich the owner of the property at 243
Shore Drive East, Miami, Florida 33133 in the referenced
appeal.
Please consider this letter as a request for the appeal to be
heard by the Zoning Board on May 23, 2005. To that end, my
clients waive the application of any rule requiring the
appeal to be heard within 45 days of the filing of the
appeal.
Sincerely,
J i)1114
W. Tucker Gibbs
CC: Bay Heights Home Improvement Association, Inc.
Nancy Benouaich