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Holland & Knight LLP I www.hklaw,com
October 21, 2013
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant
Office of Hearing Boards
City of Miami
444 SW 2" Avenue, 3rd Floor
Miami, Florida 33130
43OC12( " 1:51
Ines Marrero-Priegues
305.789.7776
ines. marrero@h klaw, corn
Re: Brickell Commerce Plaza, Inc. and 296 SW 7 Street Corp./ Appeal of the
Decision by Miami Planning Zoning and Appeals Board denying the Exception,
as listed in Article 4, Section 4-7(b) and 4-11(g) of the Code of the City of Miami,
for a non C.U.F. package liquor store located within 500 ft. of an existing
package store for properties located at 250 and 296 S.W. 7th Street (PZAB-R-I3-
053 ; City File No. 06-02074x1)
Dear Mr. Rodriguez,
The undersigned is the legal representative for 296 S.W. 7 Street Corp. and Brickell
Commerce Plaza, Inc. (collectively "Owner" and "Appellant") owners of two abutting properties
in the City of Miami located at 250 and 296 S.W. 7xh Street (the "Property"). The Appellant filed
an application for Exception pursuant to Article 4, Sections 4-7(b) and 4-11(g) of the Code of the
City of Miami, for a non C.O.P. package liquor store located closer than 500 feet of an existing
package store. This letter constitutes the timely appeal of the decision by the Planning Zoning
and Appeals Board, PZAB-R-13-053 (City File No. 06-02074x1) on October 16, 2013. A copy
of the draft Minutes of the meeting for this case are attached for your reference.
The decision by the Planning Zoning and Appeals Board was not based on substantial
competent evidence that the proposed Walgreen's package liquor store did not satisfy the criteria
for exceptions listed in Section 4-11(g). In fact, the PZAB did not make any findings whatsoever
about the criteria, either in support of or in opposition to the request. We respectfully request a
hearing before the City Commission to hear and consider the Owner's appeal of the decision of
the Planning Zoning and Appeals Board.
Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale j Jacksonville j Lakeland I Los Angeles I Miami I New York
Northern Virginia j Orlando I Portland I San Francisco I Tallahassee I Tampa j Washington. D.C. I West Palm Beach
Mr. Anel Rodriguez
October 21, 2013
Page 2
The fees associated with the appeal were paid by the Appellant at the time the application
for Exception was filed in accordance with Section, 62-23(b).
Should you have any questions regarding the foregoing, please do not hesitate to contact
me at (305) 789-7776 or email me at ines.marrero@hklaw.com.
Respectfully submitted by,
HOLLAND & KNIGHT LLP
Ines Marrero riegues
Enclosure
cc: Mr. Francisco Garcia, Planning Director (via Hand Delivery)
Ms. Carmen Sanchez, Assistant Planning Director (Via Hand Delivery)
Andrew Dickman, Esq. (via email at andrewdickman@corrncast.net)
Planning, Zoning and Appeals Board
Meeting Minutes October 16, 2013
PZAB.4
06-02074x1
PZAB RESOLUTION
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING AN
EXCEPTION AS LISTED IN ARTICLE 4, SECTION 4-7(b) AND 4-11(g) OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, TO ALLOW A PACKAGE
LIQUOR STORE CLOSER THAN 500 FEET OF ANOTHER PACKAGE
LIQUOR STORE, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 250 AND 296 SOUTHWEST 7TH STREET, MIAMI,
FLORIDA,
LOCATION: Approximately 250 and 296 SW 7th Street [Commissioner
Frank Carollo - District 3]
APPLICANT(S): Ines Marrero-Priegues, Authorized Legal Representative,
on behalf of Bricked Commerce Plaza, Inc (Owners) and 296 SW 7 Street
Corp. (Contract Purchaser)
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommends approval with
conditions'.
*See supporting documentation,
PURPOSE: This will allow a package liquor store within 500 feet of another
liquor store.
NOTES(S): Related File ID 06-02074x was withdrawn on September 23,
2013.
06-02074x1 PZAB 10-16-13 Supporting Docs.pdf
Motion by Member Lievano-Cruz, seconded by Member Garavaglia, that this matter be
APPROVED WITH CONDITIONS FAILED by the following vote.
Votes: Aye: 3 - Member Lievano-Cruz, Member Garavaglia and Alternate Member Collins
No: 4 - Member Milian, MemberTorrens, Member Tarbert and Member Ocana Barnes
Absent: 5 - Member Gutierrez, Member Gibson. Member Martin, Member Pina and Member
Young
PZAB-R-13-053
Cityoj+b Minh Page 45 Printed an ttVI712013