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Traurig
March 29, 2006
Hand Delivery
Ludt A. Dougherty
05) 579-060 t
Direct Vila: (305) 961 5603
L-Mail:doualtertyi: gtlaw_cott i
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S.W. 2nd Avenue
Miami, FL 33130
Re: Coral Place Special Exception and Variance Appeals / Property located at
approximately 1001 NW 54 Street / File # 06-00407x and 06-00407v
Dear Teresita:
On behalf of the owner, Tri-Arts, LLC and contract purchaser, Coral Place Limited Partnership, LLC this
letter constitutes an appeal of the decision of the Zoning Board at its hearing held on March 27.2005 with regards to
the above referenced SpecialException and Variance.
The Variance was denied by the Zoning Board although the Planning Department stated that the variance
would create a more aesthetically pleasing solution for the project. In essence. the Zoning Board determined that a
Special Exception was not warranted despite a positive recommendation and analysis given by the Planning
Department. In addition, the decision to deny the Special Exception is inconsistent with the language in Article 9.
Section 917.6 which provides:
917.6. Reduction in parking requirements for housing for low income families and individuals.
Reduction of generally applicable offstreet parking requirements in connection with housing for low
income families and individuals may be allowed by Special Exception only to an amount not less than one-half (
1/2) of the spaces generally required. The remaining one-half ( I/2) of land area which would otherwise be used for
parking shall be set aside and maintained as open space or utilized for recreational purposes. The following criteria
requirements and limitations shall apply:
(a) The project shall otherwise conform to the requirements of state and/or federal programs for this
purpose.
(b) The zoning board, in its consideration of the application for Special Exception, shall determine and
make a finding that the reduction in offstreet parking requirements is justified in view of the nature and
type of prospective occupancy, the economic circumstances involved, and that traffic and parking
problems resulting from such reduction will not unduly burden traffic facilities in the neighborhood.
(c) The zoning board shall, as part of its grant of Special Exception, specify that the city, upon notice and
hearing as for Special Exception, may later require that the one-half ( 112) of land area set aside be
converted and devoted to offstreet parking, if it is demonstrated that traffic and parking conditions
together with impact an the neighborhood require such conversion.
(d) After such permit shall have been issued, the premises shall not be used other than as low income
housing, subject to the exceptions and limitations set forth in (a) above, unless and until any parking
requirements and all other requirements or limitations of this zoning ordinance for the district involved
and applying to the new use shall have been met.
Evidence was presented which demonstrates that a project such as this only needs roughly .8 cars per unit
and thus providing 1,1 cars per unit, as this project proposes. is sufficient. The Zoning Board erred in denying the
Special Exception by failing to provide any substantive competent evidence against the approval of the application.
No evidence was presented to override the analysis and recommendation provided by the Planning Department. The
reduction is consistent with the concept that the cost of the building must reflect the marketability to the
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neighborhood. In other words, the increased cost to build the parking will make the project unmarketable for this
neighborhood.
We respectfully request to appeal the decision of the Zoning Board. Please contact me when the item is
scheduled to be heard at 305-579-0603.
Very truly yours,
Lucia A. Dougherty
cc: Mr. Mike Spetko
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