HomeMy WebLinkAboutPre-publication Submittal W. Tucker Gibbs IntervenorW. TUCKER GIBBS, P.A.
A 1 1 ORNEY AT LAW
P.O. BOX 1050
COCONUT GROVE FL 33133
TELEPHONE (305) 448-8486
FACSIMILE (305) 448-0773
tucker@wtgibbs.com
June 11, 2020 VIA EMAIL
Honorable Keon Hardemon, Chairman
and City Commissioners
3500 Pan American Drive
Miami, FL 33133
Re: Request for Intervenor Party Status for Zulema Rivero,
Maritza Barrios, and Maritza Vasquez: Appeal of PZAB Denial
of Application for Exception and Waiver to Permit Pre-
School/Childcare Facility at South East Corner of Coral Way
and S.W. 13 Avenue (File ID: 6076).
Dear Chairman Hardemon and City Commissioners:
Pursuant to the City of Miami Quasi -Judicial Hearing
Procedures in section 7.1.4.2, 7.1.4.3.d.and 7.1.4.5.b., Miami
21, I seek your determination that my clients, Zulema
Rivero, Maritza Barrios and Maritza Vasquez be accorded
intervenor party status in the referenced matter.
Ms. Barrios and Ms. Vasquez each have interests in this
matter that are adversely affected in a manner greater than the
interests of the general public as follows:
1.Ms. Rivero owns and lives on the property located at
2121 SW 13 Avenue across SW 21 Terrace from the site
that is the subject of the application.
2. Ms. Barrios owns and lives on the property located at
1271 SW 21 Terrace directly across the street from the
site that is the subject of the application.
3.Ms. Vasquez owns and lives on the property located at
1263 SW 21 Terrace across the street from the site
that is the subject of the application.
4.Each of my clients received mailed notice from the
City of Miami of the city commission hearing on the
referenced appeal.
5. Because of my clients' proximity to the proposed pre-
school/childcare property the adverse impacts of this
project will affect them to an extent that is greater
than the public at large. Increased traffic, noise
dust and other impacts caused by the development and
change of use on the abutting property are impacts on
proposed intervenors that are not necessarily shared
with the community at large.
6.The Florida Supreme Court in its evaluation of an
individual's standing to challenge zoning decisions in
court stated: "An individual having standing must have
a definite interest exceeding the general interest in
community good share in common with all citizens."
Renard v. Dade County, 261 So.2d 832,837 (Fla. 1972).
The Miami 21 provision under which my clients seek
intervenor status is very similar to the Renard
standing rule. According to that case, whether an
individual has standing is based on "factors such as
the proximity of his property to the property to be
zoned or rezoned, the character of the neighborhood...
and the type of change proposed are considerations.
The fact that a person is among those entitled to
receive notice under the zoning ordinance is a factor
to be considered on the question of standing to
challenge the proposed zoning action." Id.
7. My clients meet the Renard standing requirements to
challenge a city commission decision regarding this
zoning matter. They own and live on single-family
property across the street from the application site.
They seek intervention to show the city commission in
its consideration of the appeal that the character of
their residential community will be negatively
affected by, among other things, increased traffic,
intensity of use, and other impacts that will result
from the proposed use and site plan. Therefore, their
interest is not shared by the community at large.
8.Because my clients have the requisite standing to
appeal to circuit court via a writ of certiorari a
2
city commission zoning decision regarding an abutting
property, they should be granted intervenor status to
be able to fully present their case to the city
commission.
Therefore, I respectfully request that the Miami City
Commission grant to Zulema Rivero, Maritza Barrios and Maritza
Vasquez intervenor status in the referenced matter.
If you have any questions regarding this request, I will
make myself available at yOur convenience.
Sincerely,
W. Tucker ibbs
CC:
Zulema Rivero
Maritza Barrios
Maritza Vasquez
Victoria Mendez, City Attorney
Todd Hannon, City Clerk
Olga Zamora, Hearing Boards Office
3