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Direct: 305-377-6235
E -Mail: t3Fernandez .l3RZoningLaw,com
VIA HAND DELIVERY
October 21, 2015
Ms. Olga Zamora
City of Miami Riverside Center
Department of Hearing Boards
444 SW 2nd Avenue, 3rd Floor
Miami, FL 33130
Re: Appeal of Planning Zoning and Appeals Board
Resolution No, PZAB-R-15-067
This law firm represents Courtney at 5599, LLC, and Trilussa, Inc., in
relation to the property located at 5599 Biscayne Boulevard. This letter shall serve
to appeal the Planning Zoning and Appeal Board's (PZAB) recent decision
granting the appeal of the Warrant to allow outdoor seating and the accompanying
waiver obtained by our client. This appeal to the City Commission is filed
pursuant to section 7.1.2.4 (e) of the Miami 21 Code.
A copy of the Planning and Zoning Department's Master Report indicating
the PZAB determination is attached as Exhibit A. The fee required pursuant to
section 62-23 (C) of the city of Miami code is also enclosed.
The appeal of the PZAB decision is based on the following reasons:
1. The decision of the Planning Zoning and Appeals Board was not
based on competent and substantial evidence. The Planning and
Zoning Department analysis supports the Warrant and Waiver
and recommended denial of the appeal. Furthermore, evidence
was introduced to indicate that the Warrant and Waiver was
properly approved based on competent and substantial
evidence.
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Ms. Olga Zamora
October 21, 2015
Page 2
2. The comments of the limited number of objectors was based on
speculation and not supported by verifiable or credible evidence.
For the foregoing reasons, we hereby appeal the Planning Zoning and
Appeal Board's decision and ask at the City Commission reconsider and approve
the Warrant and the associated Waiver request, as recommended by the Planning
and Zoning Department,
Enclosure
Sind°.
Ben Fernandez
BGRCOW RA,DELL & F'GRNAN DEZ
ZONINQ, LAND USE ^NCI ENVIRC)"MENTAL LAW
City of Miami
Master Report
PZAB Resolution PZAB-R-15-067
3500 Pan American Drive
Miami, FL 33133
www.miamigovcom
File ID #: 15-00949wt Enactment Date: 10/7/15
Version: 1 Controlling Planning, Zoning Status: In Agenda
- - Body; and Appeals Board-
Title:
oard
Title; A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH
ATTACI-IMENT(S), DENYING OR GRANTING THE APPEAL, THEREBY APPROVING WITH
CONDITIONS OR DENYING, THE WARRANT PERMIT APPLICATION NO, 2014-0018, ISSUED BY
THE PLANNING DIRECTOR ON JULY 2, 2015, TO ALLOW OUTDOOR SEATING FOR A NEW
RESTAURANT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5599 BISCAYNE
BOULEVARD, MIAMI, FLORIDA.
LOCATION: Approximately 5599 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 21
APPELLANT(S): Kevin Hinds and SD Technology USA, LLC, and Kirk de Leon, 'Esquire
APPLICANT(S): Fritz Masson
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with conditions* of the warrant and denial of the
appeal.
*See supporting documentation.
PURPOSE: The approval of this appeal will rescind the warrant.
Reference:
Name: Warrant Appeal - 5599 Bisc Blvd
Requester: Cost:
Notes:
Sections:
Indexes:
Attachments: 15-00949wt PZAB 10-07-15 Supporting Documentation,pdf
Action History
Ver. Acting Body
Date Action
Sent To
Introduced: 7/27/15
Final Action: 10/7/15
Due Date Returned Result
City of Mimi Page 1 Printed on 10/20/2015
I Planning, Zoning and 10/7/15 APPROVED 1
Appeals Board
A motion was made by Maria Beatriz Gutierrez, seconded by David Haris Young, that this matter be APPROVED.
Approval of appeal, denial of the warrant. The motion carried by the following vote:
Aye: 5 - Maria Beatriz Gutierrez, Ernest Martin, Melody Torrens, Charles Garavaglia and David Haris Young
No: 2 - Manuel Vadillo and Chris Collins
Absent: 5 - Daniel Alexander Milian, Maria Lievano-Cruz, Charles Gibson, Jennifer Ocana Barnes and Juvenal Pula
City of Minini Page 2 Printed on 10/20/2015