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HomeMy WebLinkAboutAppeal Letter to City CommissionHolland & Knight 701 Brickell Avenue, Suite 3300 1 Miami, FL 33131 1 T 305.374.8500 1 F 305.789.7799 Holland & Knight LLP I www.hkiaw.com June 16, 2015 VIA HAND DELIVERY Ms. Christine Hwa Hearing Boards Coordinator Office of Hearing Boards City of Miami 444 SW 2°a Avenue, 3rd Floor Miami, Florida 33130 In6s Marrero-Priegues 305.789.7776 ines.marrero@hklaw.com Re: Banner Storage Group, LLC/ Appeal of the Decision by Miami Planning Zoning and Appeals Board approving the appeal of Warrant No. 14-0059 for Public Storage Facility at 5609 NE 2 Avenue (PZAB-R-15-034; City File No. 15- 00405wt) Dear Ms. Hwa, The undersigned is the legal representative for Banner Storage Group, Inc. ("Banner"). In accordance with Section 7.1.1.5 of Ordinance 13114, the City's Zoning Ordinance (known as "Miami 21 "), this letter constitutes the timely appeal by Banner of the decision by the Planning Zoning and Appeals Board, PZAB-R-15-034 (City File No. 15-00405wt) on June 3, 2015, approving the appeal by two abutting property owners of the Planning Director's Warrant for a Public Storage Facility at 5609 NE 2 Avenue. The decision to approve Mr. Pierre's and Ms. Simioni's appeal and rescind the Planning Director's issuance of the Warrant was not based on substantial competent evidence. The appellants did not present any substantial competent evidence to demonstrate that the City's Planning Director erred in approving Warrant No. 14-0059 for a Public Storage Facility per Section 7.1.2.4 (d) of the Zoning Ordinance. In fact, Mr. Pierre was absent from the PZAB hearing. Atlanta I Bethesda I Boston I Chicago I Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Ms. Christine Hwa Office of Hearing Boards June 15, 2015 Page 2 We respectfully request a hearing before the City Commission to hear and consider Banner' appeal of the decision of the Planning Zoning and Appeals Board. Enclosed is a check in the amount of $ 5,136.20 for the appeal fee. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7776 or email me at ines.marrero@hklaw.com. Respectfully submitted by, HOLLAND & KNIGHT LLP Ines Marreo-Priegues Enclosures