HomeMy WebLinkAboutSubmittal-Ethan Wasserman-Letter re_AppealsSubmitted into the public
record for item(s) PZ.1 and PZ.2,
on 07-23-2020, City Clerk
Victoria Mendez
City Attorney
Eit rif 41Thxmi
January 10, 2020
Sent via Email Only (lowel!(a2kuvinlaw.com)
Lowell J. Kuvin, Esquire
Law Office of Lowell J. Kuvin, LLC
17 E. Flagler Street, Suite 223
Miami, Florida 33131-1042
Telephone: (305) 416-1800
Telecopier: (305) 416-1801
E-MAIL: Law@miamigov.com
RE: Appeals of Decisions of the Historic and Environmental Preservation Board
Regarding the Property Located at 2167 Bayshore Drive, Miami, Florida.
Dear Mr. Kuvin,
The City of Miami ("City") received the two appeals you filed on behalf of your clients
regarding the above -referenced decisions of the City's Historic and Environmental Preservation
Board ("HEPB"). This letter is to inform you that upon review of the two appeals, it has been
determined that the appeals contain issues that are not appealable or do not meet the minimum
requirements of an appeal. More specifically, pursuant to Section 17-40(b) of the Code of the City
of Miami, Florida, as amended, ("City Code") "[a]ny citizen may appeal any decision of the
historic and environmental preservation board as it relates to this article". The issue of intervenor
status is not an appealable issue to City Commission. Chapter 17, Article II does not mention
intervenor status. In addition, pursuant to Chapter 23-6.2(e) of the City Code, "any aggrieved
party may appeal to the City Commission any decision of the board relating to ... certificates of
appropriateness." Note that your clients in the appeal of the Certificate of Appropriateness are not
aggrieved parties as the application was denied.
Please note that the decisions by the HEPB regarding the Special Certificate of
Appropriateness and the Special Certificate of Approval were appealed by the applicant and those
appeals are currently scheduled for the January 23, 2020 City Commission meeting. You and your
clients may attend the meeting and request to participate in the proceedings to the extent permitted
by law and as decided by the City Commission.
Amber L. Ketterer
Assistant City Attorney
cc: Barnaby L. Min, Deputy City Attorney (email only)
John A. Greco, Deputy City Attorney (email only)
OFFICE OF THE CITY ATTORNEY / 444 S.W. 2nd Avenue, Suite 945 / Miami, Florida 33130-1910
Ewan, Nicole
Submitted into the public
record for item(s) PZ.1 and PZ.2,
on 07-23-2020, City Clerk
From: neufeldm@gtlaw.com
Sent: Thursday, July 23, 2020 11:16 PM
To: Ewan, Nicole
Cc: Lee, Erica; Garcia, Francisco; wassermane@gtlaw.com; bailiner@gtlaw.com; Zamora,
Olga
Subject: PZ1 & PZ2 - File ID 6981/File ID - Record submittal
Attachments: 51618878_v 1_Amber Ketterer to Olga Zamora FW_ Letter re_ HEPB Appeals - 2167
Bayshore Drive (002).PDF; 51618658_v 1_Miami 21 Replaces 11000 - excerpt.DOCX;
51617671_v 1_Commission APPEAL Woodbine School Rev 7-23-20 - Reduced.PDF;
51156821_v 1_Criteria Memo - Ch 23 Special Certificate of Appropriateness.DOCX;
51156819 v 1_Criteria Memo - Ch 17 Special Certificate of Approval.DOCX; 51156811_v
1 Villa Woodbine Designation Report.PDF; 51156810 v 1_3 District Layer Map.PDF;
51156807 v 1 51129043 v 1_Ch 17-37 Tree Removal.PDF; 51156805 v 1_Woodbine
Appeal - Conclusion Slide from Staff Reports.PDF; 51156801_v 1 Tigertail ViewJPG;
51156800 v 1_Ch 17-36 Environmental Review Standards.PDF; 51156799 v 1_Section H
- Guidelines for Certificates.PDF; 51156796_v 1_Paragraph from Designation Report
regarding New Development.PDF
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Nicole, attached please items for inclusion in or legislative File that will be introduced on the record during today's
item. Due to size, please confirm receipt. Thank you!
Best,
Marissa A. Neufeld
Associate
Greenberg Traurig, P.A.
333 S.E. 2nd Avenue I Miami, FL 33131
T +1 305.579.0825 1 F +1 305.961.5529
GreenbergTraurig
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