HomeMy WebLinkAboutAppeal LetterSTEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.
JAN -2 Ph
January 2, 2015
Ms. Christine Hwa
Hearing Boards Section
Planning & Zoning Department
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
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A.
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Javier E. Fernandez
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct: (305) 789-3501
Fax: (305) 789-2620
Email: jefernandez@stearnsweaver.com
Re: Appeal of PZAB Decision — File 14-01189
Exception for Reconfiguration of an Existing Asphalt Parking Lot at
162 NE 50th Terrace, Miami, FL (the "Property")
Dear Ms. Hwa:
Our firm represents Design District Studios II, LLC, a Florida limited liability company ("DDS").
DDS is the owner of a property located at 160 NE 50th Terrace, Miami, FL, which immediately abuts the
Property.
Pursuant to Section 7.1.2.6.d., we tender this appeal of the Planning, Zoning and Appeals Board's
("PZAB") recent decision to grant the Exception requested by the applicant, BVM Development, LLC
(the "Appellee") to legalize the reconfiguration of an "existing" asphalt parking lot under the provisions
of Section 3.6.1(e) of Miami 21. A copy of the available minutes indicating the PZAB's determination is
attached as Exhibit "A" hereto. The fees required pursuant to Section 62-23(b) of the City of Miami
("City") Code of Ordinances have also been tendered in as part of this filing. A copy of the receipt of the
required fees is attached as Exhibit "B" hereto.
reasons:
DDS objects to the decision of the PZAB and lodges the required appeal for the following
1. Section 3.6.1(e) of Miami 21 authorizes the establishment of customarily incidental and
subordinate parking to a principal use in T3 or T4-R Transect Zones by process of
Exception where there is "an existing legally built parking lot."
2. Notwithstanding the Appellee's representations to the contrary, the Property is presently
unimproved as a parking lot as evidenced by the photo attached in Exhibit "C" hereto.
The Appellee has tendered building records from the early part of the last century and an
inaccurate survey in support of their request. A visual inspection of the site, however, as
evidenced by the attached exhibit, clearly indicates that the Property does not house "an
existing" legally built parking lot.
MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE
January 2, 2015
Page 2
3. Further, the PZAB's approval of the subject Exception is a gross distortion of the intent
of Sec. 3.6.1(e) of Miami 21, which was adopted to permit existing lots within prior
Special District-12 ("SD-12") to be retained as legally conforming improvements.
For each of the foregoing reasons, we object to the PZAB's actions and ask that the City Commission to
reconsider this application on appeal in a de novo proceeding consistent with the requirements of Section
7.1.2.6.d of Miami 21.
DDS reserves the right to further supplement this appeal following this filing.
Respectfully submitted,
Fernandez, Esq.
STEARNS WEAVER MILLER WEISSLERALHADEFF & SITTERSON. P.A.
January 2, 2015
Page 3
Exhibit "A"
STEARNS WEAVER MILLERWEISSLERALHADEFF & SITTERSON, RA.
Planning, Zoning and Appeals
Board
Meeting Minutes December 17, 2014
PZAB.5 14-01189x
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING AN
EXCEPTION AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE
MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 3, SECTION 3.6.1(e), TO ALLOW A LEGAL,
NON -CONFORMING PARKING AREA TO BE RE-ESTABLISHED AND TO BE
INCIDENTAL AND SUBORDINATE TO THE PROPOSED PRINCIPAL USE
FOR THE PROPERTY LOCATED AT APPROXIMATELY 162 NORTHEAST 50
TERRACE, MIAMI, FLORIDA.
LOCATION: Approximately 162 NE 50 Terrace [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of BVM Development,
LLC
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval with
conditions.
*See supporting documentation.
PURPOSE: This will allow a reconfiguration of an existing asphalt parking area
that is subordinate to the principal use of the property as a commercial storage
garage.
Motion by Member Milian, seconded by Member Young, that this matter be
APPROVED WITH CONDITIONS. PASSED by the following vote.
Aye: 9 - Member Milian, Member Gutierrez, Member Lievano-Cruz, Member
Torrens, Member Garavaglia, Member Ocana Barnes, Member Martin,
Member Pina and Member Young
Abstain: 1 - Member Vadillo
Absent: 2 - Member Gibson and Alternate Member Collins
City of Miami Page 6 Printed on 12/23/2014
January 2, 2015
Page 4
Exhibit "B"
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
January 2, 2015
Page 5
Exhibit "C"
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON. PA.
162 NE 50th Terrace - Google Maps
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