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Home My WebLink AboutAppeal to City CommissionSHUTTS BOWEN LLP Founded 1910 SANTIAGO D. ECHEMENDIA PARTNER (305) 347-7321 Direct Telephone (305) 347-7897 Direct Facsimile July 22, 2015 BY HAND DELIVERY Ms. Olga Zamora, Chief Planning and Zoning Department, Hearing Boards Section City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 PL• ANNIFNGCEIVED DEPARTMENT 15 JUL 22 01I : 22 1:6- E-MAIL ADDRESS: SEchemendia@shutts.com Re: Appeal of Historic and Environmental Preservation Board Resolution No. R-15-049 Dear Ms. Zamora: Our firm represents Habitus, LLC, the owner of the property located at 3985 Loquat Avenue (the "Property"). This letter shall serve to respectfully request a hearing before the City Commission to appeal Historic and Environmental Preservation Board ("HEPB") Resolution No. R-15-049, which denied an appeal by the owner to preserve and maintain two Strangler Fig trees (Ficus aurea) located near the Property's east lot line (the "Ficus Trees"). Background The owner purchased the Property in September 2013 with the intent to develop a beautiful single family home designed around the Property's existing foliage and vegetation. In connection with the installation of a septic drain field on the Property, and without the knowledge or permission of the owner, the contractor trimmed the roots of the Ficus Trees. The owner submitted an after -the -fact Tree Permit Application on May 29, 2015 (BD 15-006663- 001) to properly permit the root pruning of the Ficus Trees, however, due to the extent of root pruning, the Environmental Resources Division denied the permit application and required removal of the Ficus Trees. On appeal, the HEPB found that the Ficus Trees posed a life safety issue and ordered the removal of the Ficus Trees at its July 7, 2015 meeting. MIADOCS 11277363 1 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Ms. Olga Zamora, Chief July 22, 2015 Page 2 Tree Preservation and Mitigation Plan Since the owner became aware of the root damage to the Ficus Trees and resulting life safety issue, it has taken proactive steps and has made diligent and good faith expenditures to remove any danger posed by the Ficus Trees. The owner has hired Ian Wogan, a certified arborist, to evaluate the Ficus Trees and implement cabling and bracing to secure and stabilize the Ficus Trees. As a result, the life safety issue cited by the HEPB will be mitigated. The owner has also retained Mr. Wogan to develop a Tree Preservation and Restoration Plan that, over a 24-month period, will preserve and professionally maintain the Ficus Trees. Mr. Wogan will coordinate with City staff to ensure that all stabilization and maintenance work fully complies with the City Code. Initial measures that will be implemented as part of the Tree Preservation and Restoration Plan include: • Removal of all vine material attached to the Ficus Trees; • Full trimming of the Ficus Trees with proper tip reduction and heading cuts as necessary to create strength and improve overall taper/architecture of the Ficus Trees; • Dynamic cabling of main leaders to provide support throughout the tree, heavily reducing risk of branch failure. The Tree Preservation and Restoration Plan will also include a phased maintenance plan that incorporates follow up maintenance visits, scheduled at least 8 months apart. Initial components of the phased maintenance plan include: • Trimming as necessary to reduce prior heading cuts back to new laterals which have grown large enough to assume dominance. • Selective thinning out of epicormic shoots based on arboriculture standards with proper spacing, allowing each shoot to have low competition for wood fibers which will ensure strong attachments as shoots mature into branches. • Visual inspections for fungi that could compromise the trees due to decay of wood tissue and for potential pests that could put further stress on the trees. Conclusion The decision of the HEPB should be overturned and the Ficus Trees should be preserved in accordance with the proposed Tree Preservation and Restoration Plan. The Ficus Trees do not present a life and safety issue so long as cabling and bracing is implemented to secure and stabilize the Ficus Trees. With the input and cooperation of City staff, implementation of the proposed Tree Preservation and Restoration Plan will further mitigate any future life safety risk. MIADOCS 11277363 1 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fir 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM Ms. Olga Zamora, Chief July 22, 2015 Page 3 Should you have any questions, comments, or require additional information, please do not hesitate to contact me at (305) 347-7321. Sincerely, Shutts & Bowen LLP WM\ Um Santiago D. Echemendia Kathleen Maurer Enclosures cc: Habitus, LLC Loreto Doucet MIADOCS 11277363 1 1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.shutts.com MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: HOME ADDRESS: CITY: (First Name) (Middle) (Last Name) (Address Line 1) (Address Line 2) STATE: Florida ZIP: HOME PHONE: EMAIL: BUSSINESS or APPLICANT or ENTIT NAME , (^ f f C V, \ J 1 l_Jl_��/ CELL PHONE: FAX: BUSINESS ADDRESS: @Flo cs,.*to ‘,1 a\rzy,,i cywa ti fA q \ ' `� t Z 1 ' AC 1 V vl C (Addres LineLI2 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. i,A&v-?7,00,vA ucceidliiy) 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.;86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name Address Phone# a. n b. 1 P c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 5. Describe what is being requested in exchange for the consideration. \I A --- ACKNOWLEDGEMENT I hereby acknowledge that it is unlawful to employ any Ordinance 12918 and such circumvention shall be deemed or civil penalties that may be imposed under the City disclosure requirement was not fully and timely satisfied 1. the application or order, as applicable, effect; and 2. no application from any person considered by the applicable board(s) nullification of the application or order. PERSON SUBMITTING DISCLOSURE: device, Code, the or entity until i scheme a violation upon following shall expiration OF determination be for COMPLIANCE or artifice of the may deemed the same to Ordinance; occur: void issue of a period circumvent by the without shall of the and that City Commission further be reviewed one year disclosure requirements of in addition to the criminal that the foregoing force or or after the 4AeYt ,1,_ ue a\xTer Print Name Sworn to and subscribed before me this C-2- (A day of 1 U. 1. Li , 20d is- . The foregoing instrument was acknowledged before me by ko -W4 L v1 tiVaLtir.44c , who has produced as identification and/or is personally known to me and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMI s ,�.y,., VANESSATRUJILLO ; ; '.., , MY COMMISSION # FF •"A, • -C •,, °:.,.5' EXPIRES .iuly t 201 % Y^ M / , {� MY COMMISSION EXPIRES: '7I 154;,;�d' �. Bonded ThruNot2ryPuWcUnde Notary ti' V Print Name Enclosure(s) Doc. No.:86543 Page 2