HomeMy WebLinkAboutPZAB Appeal Ltr & ResoHolland 8c Knight
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December 27, 2011
VIA HAND DELIVERY
Mr. Anel Rodriguez
Administrative Assistant
Office of Hearing Boards
City of Miami
444 SW 2nd Avenue, 7th Floor
Miami, Florida 33130
Ines Marrero-Priegues
305.789.7776
ines.marrero@hklaw.com
Re: Educating Hands, Inc./ Appeal of the Decision by Miami Planning Zoning and
Appeals Board approving the appeal of the Warrant for Educating Hands at
3883 Biscayne Boulevard (PZAB-R-11-058 ; City File No. 11-00477wt)
Dear Mr. Rodriguez,
The undersigned is the legal representative for Educating Hands, Inc. In accordance with
Section 7.1.1.5 of Ordinance 13114, the City's Zoning Ordinance (known as "Miami 21"), this
letter constitutes the timely appeal by Educating Hands, Inc. of the decision by the Planning
Zoning and Appeals Board, PZAB-R-11-058 (City File No. 11-00477wt) on December 14, 2011,.
approving the appeal by Geoffrey Bash of the Planning Director's Warrant to allow a massage
school at 3883 Biscayne Boulevard.
The decision to approve Mr. Bash's appeal was not based on substantial competent
evidence that the Planning Director erred in approving a warrant to permit a massage school at
3883 Biscayne Boulevard on property zoned T6-12L. We respectfully request a hearing before
the City Commission to hear and consider Educating Hands Inc.'s appeal of the decision of the
Planning Zoning and Appeals Board.
Enclosed is a check in the amount of $500.00 for the appeal fee as well as copies of the
other required document(s).
Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami 1 New York
Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach
Mr. Anel Rodriguez
December 27, 2011
Page 2
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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
Marrerjb-Priegues
Enclosures
cc: Mr. Geoffrey Bash (via Certified Mail)
Mr. Francisco Garcia, Planning Director (via Hand Delivery)
Ms. Iris Burman
Miami Planning, Zoning and Appeals Board
File ID 11-00477wt
Resolution: PZAB-R-11-058
December 14, 2011 Item PZAB.1
Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
13144, THE PLANNING, ZONING AND APPEALS BOARD APPROVED THE
APPEAL, THEREBY DENYING THE WARRANT SPECIAL PERMIT FILE NO. 11-
0020, ISSUED BY THE PLANNING DIRECTOR ON MAY 5, 2011, TO ALLOW A
SPECIAL TRAININGNOCATIONAL SCHOOL (EDUCATING HANDS SCHOOL OF
MASSAGE) WITHIN AN EXISTING BUILDING LOCATED IN TRANSECT ZONE
"T6-12-L", ON THE PROPERTY LOCATED AT APPROXIMATELY 3883 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and
adopted by a vote of 4-3:
Mr. Sergio Cruz No
Mr. Charles A. Garavaglia Yes
Mr. Patrick Goggins No
Ms. Maria Beatriz Gutierrez Yes
Mr. Lazaro Lopez No
Mr. Ernest Martin Absent
Mr. Daniel Milian Yes
Mr. Oscar Rodriguez Absent
Ms. Janice Tarbert Yes
Francisc• Garcia, Director
Planni g Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SU5 CRIBED BEFORE ME THIS P7 DAY OF Zmber. , 2011.
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Print Notary Name Notary Public State of Florida
Personally know or Eroducedl D My Commission Expires.
Type and number of I.D. produced
Did take an oath or Did not take an oath +/
oar PVs Notary Public State of Flbrida
? �� 1 Sandra Forges
, My Commission DD859677
ornpt Expires 02/09/2013