HomeMy WebLinkAboutZB Appeal LetterW. TUCKER GIBBS, P.A.
ATTORNEY AT LAW
P.O. Box 1050
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 448-8486
FACSIMSLE(305)448-0711
June 6, 2005 VIA HAND DELIVERY
City Manager
City of Miami
444 S.W. 2nd Avenue, Tenth Floor
Miami, Florida 33130-1910
Re: Appeal Zoning Board Approval 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 Benouaich the owner of the property at 243
Shore Drive East, Miami, Florida 33133. The City of Miami
Zoning Board, on May 24, 2005 denied my clients' appeal of 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 zoning board's decision to deny my clients'
appeal of a Class II permit for the expansion of the
emergency room 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. The submitted plans do not meet the criteria of
section 1305.2.
c. 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 II
approval document that any such "special
consideration" was given in this design review
process.
d. The Class II Permit states that this addition "...is
in harmony with the architectural character of this
complex and its implementation will enhance and
compliment the overall appearance of the area in
June 6, 2005
City Manager
Page 2
general." Yet neither the permit nor the documents
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 Benouaich through their
undersigned attorney, hereby appeals the denial of their
appeal by the zoning board and 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 city
commission consideration of this appeal.
Sincerely,
W. Tucker Gibbs
cc: Bay Heights Home Improvement Association, Inc.
Nancy Benouaich
Ana Gelabert-Sanchez, Planning Director
Priscilla Thompson, City Clerk
Jorge Fernandez, City Attorney
Terecita Fernandez, Director, Hearing Boards Office