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Home My WebLink AboutSubmittal-Elvis Cruz-PowerPoint Presentation5101 Biscayne Boulevard Class 2 permit appeal by Morningside Civic Assn., and Rob Stebbins, Rod Alonso, Scott Crawford and Elvis Cruz January 10, 2013 Anna Fernandez, Esq. Luis Fernandez, Esq. 1 Please uphold the appeal and deny the permit for two reasons: 1. Three separate, undeniable, mathematical violations of the zoning code. Departures from essential requirements of law. 2 2. Denial of due process. At a minimum, please return this item to the Zoning Board, should the permit not be denied outright. 3 Part One: Three violations of the zoning code. 4 Two separate corner lots. 5 4 1 PROPERTY LINE 111 Cameron Areas 4.799 5F 173.-0- BISCAYNE BOULEVARD f Section 401: "Setbacks: Front - twenty (20) feet. Rear - ten (10) feet except when abutting R-1 or R-2 districts, in which case it will be twenty (20) feet." 7 RONTS IDE SETBACK 15-0" 1 1 8 S1DE-SETB 1010t DsI-sE-cwk 2d -4" LOOdin ertn vit 5 SLOE *ALP( PROPERTY LINE M1E±:r, nical Trash Storage Serw•Ce L'cdog Berth 1 907.3.2: Rule concerning height of buildings abutting residential districts. Where districts allowing building heights over forty (40) feet abut residential districts on the rear, such additional height shall set back one foot in the horizontal for every two (2) additional feet in the vertical dimension. 4 [I] imaLji Ili lid __Eara_i ft mm , mg LuE mm • •iiia • ��.Mi `-ii y/1y !•eiri•r• i•. II .rr r♦ r m NORTH ELEVATION i i lirrommiro I_t c_ i irt n n B1SV• + 12 NORTH ELEVATION 13 Front: 15, not 20 Rear: 10, not 20, and no rear 2:1 slope 14 4 1 PROPERTY LINE 111 Common Areas 4.799 5F 173.-0- BISCAYNE BOULEVARD f ffRONT.SETB4K 2OO" (f) • cr) CICD) T cs: • 1 rr� l uoA 'Pt.; pH Common Arecs 1 1- RONT-S I SETBACK 15-0" 4vf 7 \LooOpn r t h Comr^9n A•eO; 4,799 5F i 1 BISCAYNE BOULEVARD a•or Str.ce Loading Berth 111 3 fronts and no rear? 5101 Biscayne Blvd 5101, MWamr, r for,oa DRAWING INDEX 3AIA SHEET A101 FIRST I. LCJJR PLAN A102 SECOND FLOOR PLAN A103 THIRD FLOOR PLAN AMA FOURTH FLOORPLAN A105 FIFTH TO EIGHTH FLOOR PLAN A200 A2O 1 A202 A203 WEST ELEVATX,N NORTH ELEVATI0N EAST ELEVATION SOUTH ELEEVATION A300 WEST -EAST SECTION RENO£RrNG CLASS li FINAL SUBMITTAL I Sip ilea JUNE 30. 2004 III 11 Nor U I' t< mil Montt mu r' fit/ 11.11 •IIII1 •uuiiU MUM AIM Ommo auii My I PPP SA 17/ LOCATION MAP N.T.S. 464 Zyscovlch noliaresmeton) P, woole • RdO411119 SITE ▪ 1 S Y•1.6.1 IMPC1 ••• ---sa SW .e API Wm ▪ I• L �... r.•.a..0... AM.oti • mod'•!• w,w w rr P 9r IA...1W IRAa16Mt p9 .. weanl..ire PEWw MM/f,V IWO@ 90Ii.•004 API raw ib tool, lrr mummy° 4 43./Dif04 ummm 19eousamurr, 1JAPPir.,/.*ED Gity of Miami 1For $p 1)4 ■ .ry_w_ murk, L NWT fargi 20 4 1 PROPERTY LINE 111 Cameron Areas 4.799 5F 173.-0- BISCAYNE BOULEVARD f S1DE-SETB 1010t Frontage on Biscayne Blvd: Confirmed by the applicant's own testimony. Zoning Board: What is your egress and ingress? Architect: It's on the side streets. Zoning Board: On the side streets... Attorney: And both side streets, in both cases, are closed. Architect: ... parking. You come in on the side street... 23 The Zoning Board approved what it believed was a building fronting on Biscayne Boulevard... ... but failed to apply the required setbacks. 24 How does the zoning code determine the front? 25 5101 Biscayne Boulevard LEA DESCRIPIOlt bat 1 Block 5 of recorded in Pia( Book AND Lot t 7 Mock 5 of record in Plot Book "SAY SHORE PLAZA UNIT Na. 3' according to the plot thereof as 41 at Pore 73 of the Public Records of # iom;—Dadi Can Lr, no 'BAY SHORE PLAZA UNIT So. 4' according to the Plot thereof os 41 at Page 2 of the P brtc Records of hilorni—dock Catnty, laridc. 26 Two separate corner lots. 27 Section 2502: The frontage of a cornerlot shall be deemed to be the narrower of the two (2) sides abutting a street. 28 The definition of "corner lot" does not anticipate or mention a case where two separate corner lots are combined, to evade the letter and intent of the definition. 29 The definition applies well to a single corner lot where abutting zoning is the same... ...but it makes no mention of a case where two corner lots abut different zoning, and the lots maybe combined. 30 J R-1 NE 52ND TE NE51STST SD-9 Special District, 609.3.2: Along Biscayne Boulevard, the pedestrian open space at the ground floor frontage... 32 i I ----Ilisil • 1 _____"... h iots front on R i ai ///;: I z I Change the front, to evade setbacks? The definition of corner lot does not mention cases like this, where abutting different zoning ... ...but 907.3.1 does, quite specifically. 35 Section 907.3.1: "Rule concerning setbacks where abutting lots have different zoning designations. In this type of case, the most restrictive condition applies to all development on both sides of the district boundary." 36 It doesn't matter whether the lots abut on the side or the rear, only that they abut, so... "...the most restrictive condition applies" the greater setbacks. 3, Section 2502: "Rear Yard: See also section 907 of this ordinance." The definition of "Rear Yard" incorporates section 907.3.2 38 907.3.2: Rule concerning height of buildings abutting residential districts. Where districts allowing building heights over forty (40) feet abut residential districts on the rear, such additional height shall set back one foot in the horizontal for every two (2) additional feet in the vertical dimension. Wherever a zoning district allows tall buildings above 40 feet high, and that zoning district ' s rear boundary abuts a residential district... 40 ...then those tall buildings are required to have an additional setback from the residential district, beginning above 40 feet, of one foot horizontally for every two feet vertically. 41 907.3.2 refers to the rear of a district, in this case the SD-9 zoning district. 42 The zoning district abuts residential. Required setback is determined by the rear of the zoning district... ...not by the rear of a lot, or what an applicant might label a set of plans. 44 If re -labeling the front is allowed, then Sections 120, 401, 609 and 907 become meaningless... 45 ...yet that is exactly what has happened with these plans and this permit. 46 Applicant and city's argument was based on a physical impossibility. 47 LN• ARYSEAL L R GOiVZALEZ ION NO. DD148882 ION EXP. SEPT 17,2006 PUBLIC NOTARY on of the Planning & Zoning Department. it is found to be in uires a Class II Special Permit pursuant to the above cited section(s) the City of Miami, Florida. II )a BATE DATE ertificate of occupancy and/or certificate of use for the use propose ance of this special permit, at which point the special permit shall JUNE 30, 200 PARCEL Lot 1 Block 5 of "BAYSHORE PLAZA UNIT NO. 3, according to the plat thereof as flied for record in Plat Book 41, Page 73 of the public Records of Miami -Dade County, Florida; and TOGETHER WITH; Lot 17, Block 5 of "BAYSHORE PLAZA UNIT NO. 4" according to the plat thereof as recorded in Plat Book 42, Page 2 of the Public Records of Miami - Dade County, Florida. REVISION 1: 03/08/04 UDRB RESUBMITTAL 49 November 30, 2003, to June 30, 2004: More than 7 months later, after the plans were substantially modified. 50 Physically impossible: The Class 2 approved plans did not exist on November 20, 2003... ...until 7 months later. 51 Setbacks were changed, without zoning compliance review. 52 Altered, inapplicable evidence: not competent or substantial, with three departures from essential requirements of law. 53 Part Two: Due process violations. 54 Zoning Administrator: No public notice. A clear denial of due process. 55 Section 1801 provides an appeal period, but does not require public notice. The public would not know an appeal period had begun. 56 ;he Zoning Board by any aggrieved party, ing a written appeal and appropriate fee 1. 2n° Avenue, 7th Floor, Miami, FI 33139. • The only opportunity to review was at the Zoning Board... ...but the Zoning Board denied appellants the opportunity to be heard. 58 Public notice is an essential part of due process. The city's own code and rules violated due process. 59 Planning Dept: Zoning Admin approved the plans. ...but with no public notice, and therefore no appeal. They turn a blind eye to the setback violations. If so, then all Zoning Admin decisions are effectively insulated from public review, because of the lack of notice. This raises significant equal protection questions. 61 An attorney appearing before the Zoning Board is not allowed to make board motions... ...only Zoning Board members are. 62 A "Motion to Dismiss" does not even exist under Robert's Rules of Order. A denial of due process. 63 Three departures from essential requirements of law. Deceptive labeling. Failure to apply the law. A convenient misinterpretation. A physical impossibility. Two denials of due process. Please uphold our appeal by denying this Class 2 permit. 65 If the setback violations have not convinced you... ...then please remedy the due process violations by remanding to the Zoning Board for a meaningful hearing. 66 Thank you. 67 68 Rear Yard.' See also section 907 of this ordinance. Rear yards shall be construed as extending across the full width of the lot at its rear. " 69 oft ban 0 ro GARA E RAMP DN UP Miami Zoning Code Section 120, Intent and Purpose: Promote and enhance the public comfort... property values... light and air. 71