HomeMy WebLinkAboutAppeal LetterC']IVIED
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Elvis Cruz 631 NE 57 Street Miami, Florida 33137
(305) 754-1420 ElvisCruz@mac.com
APPEAL LETTER FOR BAYSIDE MOTOR INN
Friday, February 17, 2017
Dear Hearing Boards Department,
As per Miami City Code Section 23-6.2 (e), this is a Written Notice of Appeal of the Historic
and Environmental Preservation Board's (HEPB) approval on February 7, 2017, of a Certificate
of Appropriateness (COA) for the properties located at 5101 Biscayne Boulevard and 5125
Biscayne Boulevard. That COA was Item No. 10 on the HEPB agenda, file ID number 1632.
The reasons and grounds for the appeal are as follows::
1. The Staff Report stated that the building at 5125 Biscayne Boulevard is a non-contributing
structure, which influenced the HEPB's decision. However, ample evidence to the contrary
exists, which will be presented on appeal.
2. The HP Staff may not have been aware of a January, 2014 legal settlement on this property,
as the Staff Report makes no mention of it, and it was not in the agenda packet for the HEPB.
That legal settlement, to which the City of Miami was a party, was entered into for the
preservation, rehabilitation and maintenance of the property, and describes the property as
"historic". Nowhere in the legal settlement is it stated that demolition is allowed. The City
granted ample TDRs (Transfer of Development Rights) as part of the settlement.
This appeal is requested by two aggrieved parties:
1. The Morningside Civic Association.
2. Mr. Elvis Cruz. Both of those aggrieved parties are named as parties in the legal settlement
mentioned above.
It is the Appellants' belief that because this conflict was caused by the City's own oversight, the
City should initiate and pay for any appeal and notification fees. Failing that, the Appellants will
request reimbursement from the City Commission. Either way, please initiate the appeal
process.
Sincerely,
arz,.
Elvis Cruz, both individually and as
President, Morningside Civic Association