The URL can be used to link to this page

Home My WebLink AboutPre-publication Submittal Lowell Kuvin, Esq. Intervenor RequestLAW OFFICE OF LOWELL J . KuVIN January 9, 2020, BY EMAIL AND USR$ Warren Adams City of Miami Historic Preservation Officer Historic & Environmental Preservation Board 444 SW 2 Ave Miami, FL 33130 WAclams@rniarnigov.com RE: Convent of the Sacred Heart of Miami, Inc. appeals of PZ-9-3159 (HEPB 6082) & PZ-197 695 (HEPB 6086). Dear Mr. Adams, The undersigned represents Bayshore In Grove, Inc. a local not for profit entity with members who live adjacent to or within 500 of the Villa Woodbine property (2167 Bayshore Drive, Miami Florida 33133)("Villa Woodbine"). The undersigned also represents individuals Alex Moskowitz (2185 South Bayshore Miami FL 33133), Isaac Kodsi (2131 South Bayshore Miami FL 33.133), and Rachel Cardello (2175 Tigertail Miami FL 33133)(collectively the "Property Owners"). All. of the individuals either live adjacent to or within 500 feet of Villa Woodbine. The interests of the Property Owners as well as the members of Bayshore In Grove, Inc., will be adversely affected in a manner more significant than those of the general public. The Property Owners and Bayshore In Grove, Inc. are formally requesting Intervenor status according to Article 7.1.4,3(d) of Miami 21 regarding the two appeals filed by Convent of the Sacred Heart of Miami, Inc. The appeals are of Resolutions PZ-9-3159 (HEPB 6082) & PZ-19-695 (HEPB 6086) and are attached for your reference. Sincerely vcmrs, Lowell 3. Kuvin, Esq. Copies to: Olga Zamora — Hearin Boards Officer ozarnora@miarnigov.com Francisco Garcia --- Director of Planning & Zonin8 FGarcia@miamigov.corm I7 EAST FLAGLER STREET. SUITE 223 MIAMI, FLORIDA 33131 PHONE 305.358.6800 FAx 305.358.5808 U.S. 888-KuviNLAW(588.4652) WWW.KUVIN,LAW GreenbergTraurig Decihor 3 3, 2019 VIA EMAIL AND HAND DELIVERY Olga Zamora, Hearing Boards Division Planning Department City of Miami 444 SW 2nd Avenue, Miami, Florida 33130 Ryan D. Bal ine Tel 305.579.0505 Fax 305.579.0717 balllner®gUaw.com Re: Appeal of the Decision of the Historic and Environmental Preservation Board/ Special Certificate of Appropriateness PZ-19-695 for Woodbine School of the Sacred Heart (the "Application") / 2167 S Bayshore Drive (Folio No. 01-4115- 010-0111), 2190 Tigertail Avenue (01-4115-046-0020), and 2180 Tigertail Avenue (01-4115-046-0010) (the "Property") Draft Resolution HEPB-R-19-062 Dear Ms. Zamora: Our firm represents The Convent of the Sacred Heart of Miami, Inc., in connection with the above referenced Application. Please accept this letter pursuant to Section 23-6.2(e) of the City of Miami's Code of Ordinances (excerpted below) as notice of appeal of the decision of the Historic and Environmental Preservation Boalll. ("HEPB") concerning the Application. SECTION 23-6.2(E) Appeals. The applicant, the planning department, or any aggrieved party may appeal to the city commission any decision of the board on matters relating to designations and certificates of appropriateness by filing within fifteen (15) calendar days after the date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation officer. The notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee of $525.00, plus $3.50 per mailed notice required pursuant to 23-4. The city commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. The appeal shall be de novo hearing and the city commission may consider new evidence or materials. The city commission may Greenberg Traurig, P.A. I Attorneys at Law 333 SE 2nd Avenue I Suite 4400 1 Miami, FL 33131 I T+1 305.579.0500 I F +1 305 579 0717 www.gtlaw.com December 13, 20I9 Page 2 affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Procedure • GROUNDS FOR APPEAL As noted above, the Applicant appeals HEPB's decision regarding the Application, also referred to as File ID # 6086. The grounds for appeal are: (i) HEPB's decision was not based on substantial competent evidence; and (ii) the decision fails to follow the essential requirements of law. The City Commission's review of the appeal is de novo. ADDITIONAL MATERIALS Enclosed with this letter are the following additional materials: 1. Appeal fee of $525.00; 2. Certified mailed notice fee of $434.00 ($3.50 x 124 labels); 3. Certified list of adjacent property owners within 500 feet of the Property; 4. Signed certification letter for adjacent property list; and 5. Transcripts from the September 27, 2019 and December 3, 2019 HEPB meetings. Please note, the resolution from the December 3, 2019, HEPB hearing is not yet available. As such, this appeal is being filed early in an abundance of caution.' That being said, we will supplement this letter upon issuance of the resolution. Should you have any questions, please do not hesitate to contact us. At your earliest convenience, please advise when this appeal is scheduled before the City Commission. Best Regards, Ryan D. Bailine, s Enclosures cc: Todd B. Hannon, City of Miami, City Clerk Warren J. Adams, Historic Preservation Officer The Convent of the Sacred Heart of Miami, Inc. ACTIVE 47803856v1 Pursuant to Section 23-6.2(e), the deadline to file an appeal is 15 calendar days from the date of the decision, i.e., the date the resolution is executed by the City Clerk. Greenberg Traurig, P.A. I Attorneys at Law www.gtlawcom GreenbergTraurig December 13, 2019 VIA EMAIL AND HAND DELIVERY Emilio T. Gonzalez, Ph.D. City Manager City of Miami 444 SW 2nd Avenue, loth Floor Miami, Florida 33130 Ryan D, Batllne Tel 305.579.0508 Fax 305.579.0717 balllnertaltlaw.com Re: Appeal of the Decision of the Historic and Environmental Preservation Board/ Special Certificate of Approval PZ-19-3159 for Woodbine School of the Sacred Heart (the "Application") / 2167 S Bayshore Drive (Folio No. 01- 4115-010-0111), 2190 Tigertail Avenue (01-4115-046-0020), and 2180 Tigertail Avenue (01-4115-046-0010) (the "Property") Draft Resolution HEPB-R 19-061 Dear Mr. Gonzalez: Our firm represents The Convent of the Sacred Heart of Miami, Inc. (the "Applicant") in connection with the above referenced Application. Please accept this letter pursuant to Section 17-40(b) of the City of Miami's Code of Ordinances (excerpted below) as notice of appeal of the decision of the Historic and Environmental Preservation Board ("HEPB") concerning the Application. SECTION 17-40(B) Appeals to the city commission. Any citizen may appeal any decision of the historic and environmental preservation board as it relates to this article, to the city commission by filing within ten days after the date of the decision, a written notice of appeal with the city manager, with a copy to the city clerk and the preservation officer, which shall set forth precisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by the applicable fee. The enforcement agency shall Immediately issue a stop work order for any work which could be affected by the subject appeal, pending final disposition of the appeal. The city commission shall hear and consider all facts material to the appeal and render a decision within 45 days of the filing of such appeal. The city Greenberg Traurig, P.A. Attorneys at Law 333 SE 2nd Avenue I Suite 4400 1 Miami, FL 33131 I T +1 305.579.0500 1 F +1 305.579 0717 www.gttaw.com December 13, 2019 Page 2 commission may affirm, modify or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing or reconsideration shall be considered. GROUNDS FOR APPEAL As noted above, the Applicant appeals HEPB's decision regarding the Application, also referred to as File ID # 6082. The grounds for appeal are: (i) HEPB's decision was not based on substantial competent evidence; and (ii) the decision fails to follow the essential requirements of law. The City Commission's review of the appeal is a record review. ADDITIONAL MATERIALS Enclosed with this letter are the following additional materials: 1. Appeal fee of $300.00; 2. Transcripts from the September 27, 2019 and December 3, 2019 HEPB meetings. Please note, the resolution from the December 3, 2019, HEPB hearing is not yet available. As such, this appeal is being filed early in an abundance of caution.' That being said, we will supplement this letter upon issuance of the resolution. Should you have any questions, please do not hesitate to contact us. At your earliest convenience, please advise when this appeal is scheduled before the City Commission. cc: Todd B. Hannon, City of Miami, City Clerk Warren J. Adams, Historic Preservation Officer Olga Zamora, Hearing Boards The Convent of the Sacred Heart of Miami, Inc. ACTIVE 47803678v1 Pursuant to Section 17-40(b), the deadline to file an appeal is 10 days from the date of the decision, i.e., the date the resolution is executed by the City Clerk. Greenberg Traurig, P.A: I Attorneys at Law www.gttawcom