HomeMy WebLinkAboutAppeal LetterW. TUCKER GIBBS, P.A.
ATTORNEY AT LAW
2980 MCFARLANE ROAD
P.O. Box 1050
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 448-8486
FACSIMILE (305) 448-0711
April 17, 2008 VIA HAND DELIVERY
Terecita Fernandez
Director, Hearing Boards Office
444 S.W. 2d Avenue
Miami, Florida 33130
Re: 888 Brickell Avenue, Miami, Florida;
Case No. 08-00169v
Dear Ms Fernandez:
I represent the 1000 Brickell Avenue Condominium
Association., Inc. and Otis Wragg, 1000 Brickell Avenue, Unit
400, Miami, Florida 33131 regarding the referenced variances
granted by the City of Miami Zoning Board, on March 24, 2008
(Case No.: 08-00169v).
I filed the appeal letter with your office on April 7,
2008. The body of that letter inadvertently referenced
section 1901 instead of the correct reference to section
1903. Please note this correction for your records.
Thank you for your assistance in this matter.
Sincerely,
W. Tucker Gibbs
'08APR 17A{9:08
cc: 1000 Brickell Avenue Condominium Association., Inc.
Otis Wragg
W. TUCKER GIBBS, P.A.
ATTORNEY AT LAW
2980 MCFARLANE ROAD
P.O. Box 1050
COCONUT GROVE, FLoREDA 33133
TELEPIIONE (305) 448-8486
FACSIMILE (305) 448-0711
April 7, 2008 VIA HAND DELIVERY
Terecita Fernandez
Director, Hearing Boards Office
444 S.W. 2d Avenue
Miami, Florida 33130
Re: CORRECTED Notice of Appeal of Zoning Board Approval of
Four Variances at 888 Brickell Avenue, Miami, Florida;
Case No. 08-00169v
Dear Ms Fernandez:
I represent the 1000 Brickell Avenue Condominium
Association., Inc. and Otis Wragg, 1000 Brickell Avenue, Unit
400, Miami, Florida 33131 regarding the referenced variances
granted by the City of Miami Zoning Board, on March 24, 2008
(Case No.: 08-00169v). That decision approved following
zoning variances at 888 Brickell Avenue, Miami, Florida:
1. Interior side setback (north): waiving 15 feet (where
15-feet for setback is required).
2. Side street setback (south): waiving 10-feet 6-inches
(where 15-feet for setback is required).
3. Rear setback (west): waiving 4-feet 8-inches (where 7-
feet 6 inches is required).
4. Eliminate 3 of 4 required loading bays.
Let this letter serve as the notice of appeal pursuant to
Article 20 of the Zoning Code of the City of Miami of the
zoning board's grant of the four variances set forth above.
The grounds for this appeal are as follows:
1 Article 19 in section 1901 sets forth standards (all
of which must be met) for the approval of a request
for a zoning variance. The proposed variances
relating to setbacks and loading bays do not meet all
the standards set forth in section 1901.
2. The applicant presented no competent substantial
evidence to the zoning board that it met each of the
standards in section 1901.
3 The only competent substantial evidence in the record
is the Analysis for Variance prepared by the city's
April 7, 2008
Terecita Fernandez
Page 2
professional planning staff which recommended denial
of the requested variances. Absent any other
competent substantial evidence in the record, the
zoning board is obligated as a matter of law to
follow the recommendation of the planning staff and
failed to do so.
For these reasons, appellants 1000 Brickell Avenue
Condominium Association., Inc. and Otis Wragg, through their
undersigned attorney, hereby appeal to the city commission
the grant of the zoning variances approved for this property
by the zoning board on March 24, 2008.
Furthermore, appellants reserve their right to supplement
this appeal letter with briefs or memoranda prior to city
commission consideration of this appeal.
Sincerely,
)/(/
W. Tucker Gibbs
cc: 1000 Brickell Avenue Condominium Association., Inc.
Otis Wragg
Pedro Hernandez, City Manager
Ana Gelabert-Sanchez, Planning Director
Priscilla Thompson, City Clerk
Julie Bru, City Attorney