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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 CAUTION: This Is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. 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 If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate the information. 1