HomeMy WebLinkAboutAppeal LetterSTEARNS WEAVER MILLER
WEISSLERALHADEFF & SITTERSON, P.A.
July 28, 2017
VIA HAND DELIVERY
Olga Zamora, Chief
Planning and Zoning Department
Hearing Boards Division
City of Miami
444 S.W. grid Avenue, 3rd Floor
Miami, Florida 33130
Maria A. rjali
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct: (305) 789-3525
Fax: (305) 789-2628
Email: mgralia(@stearnsweaver.com
Re: Notice of Appeal - Planning, Zoning and Appeals Board Decision
Denying the Appeal of Warrant Final Decision - File No. 2017-0002
Dear Ms. Zamora:
This firm represents Avocado Property Development LLC, the applicant subject to
the above referenced Warrant (the "Applicant"). The Planning, Appeals and Zoning Board
("PZAB") on July 19, 2017 denied Applicant's appeal of the Final Decision denying the
Warrant issued on May 9, 2017. A copy of the PZAB Resolution is attached for your ease of
reference. Please accept this letter as Applicant's Notice of Appeal of the PZAB Resolution
Number PZAB-R-17-040 for the reasons stated below.
1. The City failed to state with sufficient specificity the reasons why Applicant has
failed to meet the criteria set forth in Article 4, Table 12 of Miami 21. Appendix
A, NCD-3 Section 3.6.g.1, states that no building sites as defined therein, shall be
diminished in size except by Warrant, subject to the criteria specified in Article
4, Table 12 Design Review. Applicant's Letter of Intent submitted along with its
Warrant Application, meticulously addressed and complied with each of the
Design Review criteria. The City conspicuously skips this step and proceeds to
discuss matters that are not relevant to Article 4, Table 12, Design Review. Such
lack of objective review criteria inevitably leads to unjust and unfair outcomes.
2. The City mischaracterizes the Unity of Title that was subsequently dissolved by a
Circuit Judge through a quiet title action and not the Clerk of Courts, ignoring the
fact that the Unity of Title was a personal servitude. The Unity of Title did not
inure to the benefit of any successors and assigns, nor was it executed in
connection with any expansion plans for the site.
MIAMI . FORT LAUDERDALE • TAMPA • TALLAHASSEE
Ms. Zamora
July 28, 2017
Paget
3. The City does not provide any substantial competent evidence that the Lots,
which are legally platted lots, are part of a single building site.
4. The City mischaracterizes the neighborhood composition.
The Applicant incorporates the PZAB hearing record in its entirety in its Appeal,
including the concerns raised by several of the PZAB Board Members and the review
criteria set forth in Appendix A, NCD-3 Section 3.6.g.1, Miami 21.
Accordingly, Applicant respectfully requests that the Appeal of the PZAB Resolution
Number PZAB-R-17-040 be set on the next available Miami City Commission meeting
pursuant to Section 7.1.1.5(i) of Miami 21.
Respectfully submitted,
Maria A. Gralia, Esq.
Enclosure (1)
cc: Francisco Garcia (courtesy copy via email)
Jacqueline Ellis (courtesy copy via email)
Luiz Vicentini (courtesy copy via email)
Devin Cejas (courtesy copy via email)
Amanda De Seta
Marcos DeSouza
William Hamilton Arthur IV AIA, NCARB
MIAMI • FORT LAUDERDALE • TAMPA • TALLAHASSEE