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Home My WebLink AboutAppeal to City CommissionSAVAGE - LEGAL 100 ALMERIA AVENUE, S= 220 v ' CORAL GABLEs, FLORIDA 33134 P ti. A U H m 1,1G D i P � 1 11, ,N 'r W W W.SAVAGEUGAL.COM Paul C. Savage IS SEP 17 PM 3:32 Tel. 305.444.7188 Fax 305.4447186 Paul@SavageLegal, Com September 17, 2015 BY HAND DELIVERY Olga Zamora Chief of Hearings Boards City of Miami 444 S.W. 2nd Avenue, Third Floor Miami, Florida 33130 Re: Appeal from Resolution of the Planning, Zoning and Appeals Board to the City Commission: Exception Permit and Related Waivers Issued to the Institute of Contemporary Art, Miami, Inc. for Property Located at Approximately 53 and 61 NE 41st Street and 50, 58, 68 NE 42nd Street (the "Property") File ID No. 15-00903x / PZAB-R-15-052 Dear Ms. Zamora: I am writing on behalf of Basil Binns II and Wendy Stephan (the "Appellants") with properties located at 4120 NE 1st Avenue, Miami, Florida 33137 and 101 NE 43rd Street, Miami, Florida 33137, respectively, to submit this letter as an appeal in accordance with the City of Miami Zoning Code, Miami 21, §7.1.2.6(d). The item appealed is the City of Miami, Planning, Zoning and Appeals Board ("PZAB") Resolution No. PZAB-R-15-052 passed on September 2, 2015.1 With its Application, the Institute of Contemporary Art ("ICA"), sought for its proposed museum an Exception, which Exception encompassed three Waivers from normally -applicable Miami 21 regulations. First and foremost, Miami 21 contemplates that Waivers travel under the requirements and procedures under Section 7.1.2.5, while Exceptions travel under the requirements and procedures of Section 7.1.2.6. The foregoing Miami 21 Sections governing Waiver and Warrants do not authorize the hybrid combination utilized in the PZAB Resolution. Second, this appeal focuses on two of the Waivers included in the Exception, both of which rely on incorrect Transect Zone regulations. The governing Miami 21 Code provision for this zoning designation (Civic Institutional or "Cl") requires that property within a CI Zone "may be developed according to the regulations of the most restrictive Abutting Transect Zone with all See Exhibit A (City of Miami, Planning, Zoning and Appeals Board, Meetings Minutes from September 2, 2015, Item No. PZAB.3 15-00903x; and related Fact Sheet). Olga Zamora, Chief of Hearings Boards, City of Miami September 17, 2015 Page 2 Frontage Setbacks considered a minimum." §5.7.2.4(a), Miami 21. It is undisputed that the subject Property is adjacent to several parcels within the T3 Transect Zone. According to Miami 21, the proposed museum must consequently be developed according to the regulations of the T3 Transect Zone (with the text of Miami 21 placing particular emphasis on Frontage Setbacks). Despite Miami 21's clear mandate to develop property located within a CI Zone in accordance with the "most restrictive Abutting Transect Zone," (in this case, T3), the Resolution of the PZAB releases the Applicant from this requirement in connection with two of the Waivers granted by the Resolution. Two of the Waivers granted, (going to Building Disposition Requirements and Frontage Setbacks), are based upon recognizing the T4 Transect Zone as the applicable and governing Transect Zone. The Waivers are based upon T4 regulations, despite the fact that Miami 21 makes clear that the regulations of the T3 Transect Zone as the "most restrictive Abutting Transect Zone" actually apply. By ignoring Miami 21's express requirement to develop property within a CI Zone in accordance with the regulations of the most restrictive Abutting Transect Zone, the PZAB departed from the essential requirements of the law. This error was compounded when, not only was the Applicant relieved from the Frontage Setback and the Building Disposition requirements of T3 Transect Zone regulations, even the requirements the T4 Transect Zone regulations were themselves relaxed. Thus, the legal error alleged by this Appeal is two -fold: not only are T4 Transect Zone regulations incorrectly recognized when the correct regulations are those from T3, insult is added to injury by the additional relaxation of even those (erroneous) T4 requirements.. For all of the foregoing reasons, the Appellants, through the undersigned attorney, hereby appeal the above referenced Resolution of the PZAB. The Appellants reserve the right to identify additional deviations from the Miami 21 between the time of this submission and the hearing before the City of Miami City Commission. Furthermore, the Appellants reserve the right to supplement this appeal letter with briefs, petitions, exhibits, testimony, memoranda or other support materials or evidence prior to or at the time of the City Commission's consideration of this appeal. A check for the applicable appeal fee is enclosed. Please contact me at paul@savagelegal.com or 305-444-7188 when the item is scheduled to be heard. Sincerely, Paul C. Savage, Esq. SAVAGE — LEGAL Olga Zamora, Chief of Hearings Boards, City of Miami September 17, 2015 Page 3 SAVAGE — LEGAL Planning, Zoning and Appeals Board Meeting Minutes September 2, 2015 PZAB.3 PZAB RESOLUTION 15-00903x A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING AN EXCEPTION (WHICH ENCOMPASSES THE FOLLOWING WAIVERS: 1) TO ALLOWA 10% INCREASE IN THE HEIGHT OF THE FENCE (TOTALING 67' IN HEIGHT) ALONG THE PROPERTY'S NORTH PROPERTY LINE; 2) ADJUSTMENTS TO BUILDING DISPOSITION REQUIREMENTS, WITH THE EXCEPTION OF SETBACKS, SHALL BE ALLOWED BY PROCESS OF WAIVER; BUILDING DISPOSITION REQUIREMENTS ADHERE TO T4 TRANSECT ZONE, WHERE MAXIMUM ALLOWABLE LOTAREA IS 20,000 SQUARE FEET; PROPOSED LOT AREA TOTALS 28,081 SQUARE FEET; AND 3) WHERE THE PROPERTY TO BE DEVELOPED ABUTS AN EXISTING BUILDING, A WAIVER MAY BE GRANTED SO THAT THE PROPOSED BUILDING ALONG THE PRINCIPLE FRONTAGE ON NORTHEAST 41 ST STREET MATCHES THE DOMINANT SETBACK OF THE BLOCK AND ITS CONTEXT) AS LISTED IN ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, TABLE 3, TO ALLOWA COMMUNITY FACILITY (CIVIC USE) WITHIN A CI TRANSECT ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41ST STREETAND 50,58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA, LOCATION: Approximately 53 and 61 NE 41 st Street and 50, 58, 68 NE 42nd Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): Tony Recio, Esquire, on behalf of Institute of Contemporary Art, Miami, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions. PURPOSE: This will allow a community facility within a Cl Transect Zone. 15-00903x PZAB 9-2-15 Supporting Documentation. pdf Motion by Member Pina, seconded by Member Young, that this matter be APPROVED WITH CONDITIONS PASSED by the following vote, Votes: Aye: 7 - Member Martin, Member Vadillo, Member Torrens, Member Garavaglia, Member Ocana Barnes, Member Pina and Member Young No: 2 - Member Lievano-Cruz and Member Gibson Absent: 3 - Member Milian, Member Gutierrez and Alternate Member Collins PZAB-R-15-052 City gfMimni Page 5 Printed on 91312015 PLANNING, APPEALS i® r 1 FACT SHEET File ID: 15-00903x Quasi -Judicial Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING OR DENYING AN EXCEPTION (WHICH ENCOMPASSES THE FOLLOWING WAIVERS: 1) TO ALLOW A 10% INCREASE IN THE HEIGHT OF THE FENCE (TOTALING 67' IN HEIGHT) ALONG THE PROPERTY'S NORTH PROPERTY LINE; 2) ADJUSTMENTS TO BUILDING DISPOSITION REQUIREMENTS, WITH THE EXCEPTION OF SETBACKS, SHALL BE ALLOWED BY PROCESS OF WAIVER; BUILDING DISPOSITION REQUIREMENTS ADHERE TO T4 TRANSECT ZONE, WHERE MAXIMUM ALLOWABLE LOT AREA IS 20,000 SQUARE FEET; PROPOSED LOT AREA TOTALS 28,081 SQUARE FEET; AND 3) WHERE THE PROPERTY TO BE DEVELOPED ABUTS AN EXISTING BUILDING, A WAIVER MAY BE GRANTED SO THAT THE PROPOSED BUILDING ALONG THE PRINCIPLE FRONTAGE ON NORTHEAST 41ST STREET MATCHES THE DOMINANT SETBACK OF THE BLOCK AND ITS CONTEXT) AS LISTED IN ORDINANCE NO. 13114, ;AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, TABLE 3, TO ALLOW A COMMUNITY FACILITY (CIVIC USE) WITHIN A CI TRANSECT ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41ST STREET AND 50,58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA. Location: Approximately 53 and 61 NE 41st Street and 50, 58, 68 NE 42nd Street [Commissioner Keon Hardemon - District 51 Applicant(s) Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Inc. 2525 Ponce De Leon Boulevard Coral Gables, Florida 33134 305-854-0800 Purpose: This will allow a community facility within a Cl Transect Zone, Finding(s): Planning and Zoning Department: Recommended approval with conditions. Planning, Zoning and Appeals Board: Continued from July 30, 2015.