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December 29, 2009
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
444 S.W. 2nd Avenue
Miami, Florida 33130-1910
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELLAVENUE
MIAMI, FLORIDA33131-3407
T 305.536.1112
F 305.536.1116
WWW, FEWLAW.COM
Re: Notice of Appeal Regarding Outdoor Advertising Forms Submitted
September 25, 2009
Dear Anel:
On Friday, September 25, 2009, Carter -Pritchett -Hodges, Inc. ("Carter")
submitted FDOT Forms 575-070-04 for the following locations (collectively, the
"September 25 Locations")1:
a) Contemporary Contractors - Miami Dade County Folio 01-3124-003-1440
b) GT Used Trucks - Miami Dade County Folio 01-3125-035-0360
c) Brickell Village Land Company - Miami Dade County Folio 01-0205- 000- 1131
d) CanPartners Realty - Miami Dade County Folio 01-4137-036-0020
e) The Little Old Real Estate - Miami Dade County Folio 01-3125-025-0280
f) Tanaka - Miami Dade County Folio 01-3113-025-0041
' Outlook Media of South Florida has filed this appeal because Outlook has an agreement with Carter
Outdoor for the placement of outdoor advertising signs in the City of Miami, pursuant to which agreement
the applications for the September 25 Locations were submitted to the City of Miami. Therefore, Outlook
has standing in accordance with Section 1800 of the City Zoning Code, which provides that "appeals to the
zoning board may be taken by any person aggrieved or by any officer, board, or agency of the city affected
by: (1) Any decision of the zoning administrator..." Since Outlook is is entitled to some of the September
25 Locations in accordance with the Carter/ Outlook agreement, Outlook is an aggrieved party and has
standing to file this appeal.
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
December 29, 2009
Page 2 of 3
On December 16, 2009, the City denied the applications for the September 25
Locations in an email to Rex Hodges, attached as Exhibit A. The reason for the denial
cited by the City is "because Carter has no entitlement to such under the authority of
either the City of Miami Zoning Ordinance, Carter's Settlement Agreement with the City,
dated August 18, 2003, or the City's/FDOT's 1000 FT Pilot Program."
Carter is Entitled to Permits Pursuant to the Carter Settlement Agreement
Carter has a settlement agreement with the City of Miami (attached as Exhibit B),
which permits the relocation of outdoor advertising signs. Since the Carter Settlement
Agreement was approved in 2003, the City has issued at least five (5) relocation permits
without asserting that Carter "has no entitlement" to permits for outdoor advertising
signs. It is a mystery why the City is now asserting that Carter "has no entitlement" to
permits, when the City has previously issued Carter permits in accordance with the Carter
Settlement Agreement.
Carter is Entitled to Permits Pursuant to City of Miami Zoning Ordinance
Section 10.4.5 of the City Zoning Code permits outdoor advertising signs
pursuant to settlement agreements. Carter has a settlement agreement with the City, and
the City has previously issued at least 5 permits for outdoor advertising signs in
accordance with the settlement agreement and the City Zoning Code. Therefore, Carter
is entitled to permits for outdoor advertising signs in accordance with the City Zoning
Code.
Carter is Entitled to Permits Pursuant to FDOT's Pilot Program
The City has implemented FDOT's Pilot Program to permit outdoor advertising
signs that are at least 1,000 feet apart on the same side of the highway. The resolution
implementing the program was approved on September 24, 2009. There are no further
actions required to implement the program, and Carter is entitled to permits pursuant to
FDOT's Pilot Program.
The City is Estopped from Denying the Peiiuits
"The doctrine of equitable estoppel may be invoked against a municipality as if it
were an individual." Hollywood Beach Hotel Co.v. City of Hollywood, 329 So. 2d 10, 15
(Fla. 1976); Sun Cruz Casinos, LLC v. City of Hollywood, 844 So. 2d 681 (Fla. 4th DCA
2003). See also Castro v. Miami -Dade County Code Enforcement, 967 So. 2d 230 (Fla.
3d DCA 2007). The City has previously approved at least 5 other outdoor advertising
permits for Carter, and is estopped from denying the applications for the September 25
Locations based upon the bare assertion that Carter "is not entitled" to the permits.
TEw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112
Mr. Anel Rodriguez
Administrative Assistant II
City of Miami
Hearing Boards
December 29, 2009
Page 3 of 3
For these reasons, there is no basis for the City's denial of the applications for the
September 25 Locations. Please accept this notice of appeal, in accordance with Article
18 of the zoning code. Furthermore, in accordance with Article 18, all actions are stayed
pending resolution of this appeal. Therefore, no outdoor advertising applications should
be accepted or approved within 1000 feet of the September 25 locations, pending the
outcome of this appeal of the zoning administrator's determination.
fc
cc: Pedro Hernandez
Warren Bittner
Orlando Toledo
Veronica Xiques
Pieter Bockweg
Sincerely,
anda Quirke
7
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112