HomeMy WebLinkAboutSubmittal-John Dolson-Triumph of Terminology over Common SenseThe Triumph of Terminology over Common sense. John Dolson presentation, Sept. 8, 2016 Miami City
Council -Battersea Replat meeting
I am a geologist, not a lawyer or land -use planner.
Geologists think long term and the decisions being made with Battersea and other
properties are also long term-50-100+ years. Our profession is laughingly
referred to as the `triumph of terminology over common sense'. I see parallels in
the obscure clauses and legal wrangling that has allowed the intent of the NCD-3
code to be replaced with debates like 'it depends on what you mean by a lot, a
building site or a parcel'. Was it platted or unplatted? If it was platted in Coral
Gables and then annexed into Coconut Grove, is it now platted or unplatted?
For over a hundred years, a house sat on that property. It had a folio number,
boundaries, fencing and the tenants paid taxes. They certainly considered it their
'lot' or their 'building site'.
The intent of the NCD-3 code is to preserve not just the Grove's unique character
and canopy, but its density. Limiting lot splitting achieves that goal, helping the
environment and not over -stressing infrastructure. Common sense suggests that
subdividing big lots like Battersea Woods should have automatically triggered the
warrant process. Had that happened, we wouldn't be in this fix today and the
developers would not have spent 3 years getting to a point of contention.
Frankly, I would hate to be a city employee trying to wade through the complex
coding and rules. Perhaps that is one reason it is so often hard to get a timely
response to questions -the answers just aren't clear!
We can't afford to go down this convoluted path again. Just because something
was done once before, potentially in error, is no reason to repeat the mistake
again.
We need an independent legal review of the decision to bypass the warrant
process on Battersea. Beyond that, we need to close loopholes, simplify the
process and honor the intent of NCD-3.
With many other cases pending or planned, it is time to fix things, with
appropriate resources under a defined timeframe. By working in partnership
with neighbors, city and developers, we can continue to make this a coveted
place to live.
Submitted into the public
record for item(s) PH.4
on 09/08/2016, City Clerk
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