HomeMy WebLinkAboutSubmittal-James Mahaffey-Request for Peggy OchandarenaSubmitted into the public
record for item(s) PZ.1
on 7-20-2022 , City Clerk
James H. Perry, II, P.A.
David Avellar Neblett, P.A. t
James M. Mahaffey III, Esq.
Jack A. Wynn, Esq. o
Melissa Palau, Esq.
Uxsunn Ramirez, Esq.
Thomas P. Campbell, Esq.
Brittany DeKine, Esq.*
Nicolas A. Yoda, Esq.
Terry Levy, CP, FRP **
Sent via U.S mail and email:
Victoria Mendez
Office of the City Attorney
444 SW 2nd Avenue, Suite 952
Miami, Florida 33130
PERRY & NEBLETT
Professional Association of Attorneys at Law and Admiralty
Tel: 305-856-8408
Fax: 305-967-8182
Direct: 305-456-0445
2550 South Bayshore Drive
Suite 211, Monty's in the Grove
Miami, Florida 33133
www.PerryNeblett.com
March 21, 2022
Board Certified in Admiralty and Maritime Law
*Also admitted to practice in Texas & Louisiana
* Also admitted to practice in Maryland & D.C.
** Florida Certified and Registered Paralegal
O Also admitted to practice in Ohio
Re: Request for Party Intervenor Status for Peggy Ochandarena
Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72
Street, Miami, Florida (10905)
Dear Ms. Mendez,
Pursuant to Miami Code of Ordinances, Chapter 23, I seek your determination that my
client, Peggy Ochandarena, be accorded party intervenor status.
Ms. Ochandarena has an interest in the application which is different than the public at
large as follows:
1. Ms. Ochandarena owns and lives on the property located at 1031 NE 72 Street, Miami, FL
33138, directly adjacent to the site that is the subject of the application for a Special
Certificate of Appropriateness.
2. Ms. Ochandarena's property is directly adjacent to the development to the north of NE 72
Street, facing and abutting the property located at 1000 NE 72 Street.
3. The impact of the applicant's requested revisions to the historic platting and the requested
alterations of the historic Principal Fronts of the subject lots significantly affects Ms.
Ochandarena's interests as the new home at 1000 NE 72 Street, directly adjacent to her
property, will drastically alter the historic character of the Bayside Historic District.
4. The Bayside Historic District was designated in 1991 and is "significant in the historical,
cultural, and architectural heritage of the City of Miami." Bayside Historical Designation
Report, p. 8.
Miami • 2550 South Bayshore Drive, Suite 211 • Miami, FL. 33133
Fort Lauderdale ♦ 1650 SE 17 Street, #200 ♦ Fort Lauderdale, FL. 33316
-1-1-4-.James MahaI(eq egvesf for 14%9y Ochardarrnet,
z
c
n cr
o 3
a
o a
N 3'
((D e f
3 o
v u
n IN
ru �, =
r'
5. The Bayside Historic District is historically platted and laid out in a design that the
Principal Fronts address the streets, with the requisite 20 ft. setback, allowing cross -street
neighbors to exit their front doors and be greeted by the home across the street.
6. The applicant's request to revise the historical platting and move the historical Principal
Front of 1000 NE 72 Street away from NE 72 Street, combined with the extreme height
disparity of the new construction as proposed, confronts Ms. Ochandarena with a gigantic
wall as she walks out of her front door.
7. The applicant requests revisions to the historical platting and lay -out as well as the
alteration of the historical Principal Front that significantly impact Ms. Ochandarena.
8. She will be confronted with an extremely large side wall of the home directly in front of
her home which sits well inside the 20 ft. setback for the historic Principal Front of 1000
NE 72 Street.
9. Additionally, this development will affect her to an extent that is different than the public
at large. Increased traffic, noise dust and other impacts caused by development or change
of use on an adjoining property are impacts that are not necessarily shared with the
community at large
10. The Florida Supreme Court in its evaluation of an individual's standing to challenge zoning
decisions 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 regulation under which we seek intervenor
status is very similar to this state court standing rule. 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.
11. Ms. Ochandarena meets the Renard standing requirements to challenge the applicant's
appeal to the City Commission regarding this historical and zoning matter. She owns and
lives on the property abutting the application site. She seeks intervention to show the City
Commission in its consideration of the appeal that the character of this historic residential
community will be negatively affected by the applicant's disregard for the historic
characteristics of Bayside Historic District, including disparities in massing and height,
architecture, potential flooding issues to the neighboring properties due to the increased
height of the seawall on the applicant's property while leaving the neighborhood's existing
seawalls at the current height, intensity of use, and other impacts that will result from the
proposed use and site plan. Therefore, her interest exceeds the general interest of the
community at large.
12. Ms. Ochandarena is an aggrieved or adversely affected person because she is a neighboring
property owner with a recognized, legitimate, and protected property interest in preserving
2
0
C
fD CT
N 0
CO 0
N 0 Q
O
N ▪ ▪ rr r+
rD o
.0
1-0
N C
(D F'' _
-' n
the character of her historic neighborhood against non -compatible development decisions
of local government. Friedland v. Hollywood, 130 So.2d 306, 309 (Fla. 2d DCA 1961),
Paragon Group, Inc. v. Hoeksema, 475 So.2d 244, 246 (Fla. 2d DCA 1985). This interest
is shared only with her neighbors within the area of the property at issue and not with
citizens in other areas of the city.
13. Ms. Ochandarena has the requisite standing to appeal to Circuit Court via a Writ of
Certiorari (as set forth above) a City Commission zoning decision regarding an abutting or
nearby property, and she must be granted intervenor status to be able to fully present her
case to the City Commission for why the HEPB denial of the applicant's Special Certificate
of Appropriate was correct and why the applicant's appeal must be rejected.
Therefore, I request that you allow Ms. Ochandarena to intervene in the referenced matter
as a Party Intervenor.
If you have any questions regarding this request, I will make myself available at your
convenience.
Best Regards,
//,(4( 5 /(/(
James M. Mahaffey III
3