HomeMy WebLinkAboutSubmittal-Frank Schnidman-Email to Planning Dept. RE Appeal of HEPBWednesday, July 25, 2018 at 8:17:59 PM Eastern Daylight Time
Subject: Re: Appeal of HEPB Decision Regarding Final Evaluation for Designation as a Local Historic
Resource -Chapter 23
Date: Thursday, July 19, 2018 at 11:14:58 AM Eastern Daylight Time Submitted into the pub is
From: Frank Schnidman <schnidmanf@earthlink.net> record f r ite(s) S .4on _71ILLINCity Clerk
To: Zamora, Olga <OZamora@miamigov.com>
CC: Alvarez, Beatriz <BAlvarez@miamigov.com>, Campana, Carlos <CCampana@miamigov.com>,
Gonzalez, Silvia <SilGonzalez@miamigov.com>, Tibbs, Christine H. <CHwa@miamigov.com>,
Lee, Erica <ELee@miamigov.com>, Garcia, Anastassia <ANGARCIA@miamigov.com>, Mendez,
Victoria <VMendez@miamigov.com>, Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com>
Attachments: 3475 & 3477 Hibiscus Street[4][1].pdf, 3758 & 3760 Frow Avenue[4][1].pdf, 3586 & 3588
Charles Avenue & 3541 & 3543 Plaza Street[6][1].pdf, 3295 & 3297 Charles Avenue[4][1].pdf,
3418 Charles Avenue[4][3].pdf, image001.jpg, image002.png, image003.jpg, image004.png,
image005.jpg, image006.png, image007.png
Dear Ms. Zamora;
Again, thank you for your immediate response. I understand your point.
Please understand that in in the event of an adverse decision from the City Commission, the creation of a
proper administrative record is needed for a judicial appeal.
We now have a record of how our property owners are treated, and will be researching the policy and
practice of the City in how it treats duplex properties generally to determine if the City policy and practice
is consistent with what the record now shows with regards to treatment of our duplex property owners.
My best regards,
Frank Schnidman, J.D.; LL.M.
Bar Admissions: Florida, California, New York, District of Columbia
Former Distinguished Professor of Urban and Regional Planning
Former John M. DeGrove Eminent Scholar Chair, Florida Atlantic University
P.O. Box 11339
Fort Lauderdale, FL 33339
Email: schnidmanf@earthlink.net
Cell: 954-599-8715
Chairman, American Bar Association
Land Use Institute (Baltimore, April 11-12, 2019) www.landuseinstitute.org
SAVE THE DATE
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From: "Zamora, Olga" <OZamora@miamigov.com>
Date: Thursday, July 19, 2018 at 10:12 AM
To: Frank Schnidman <schnidmanf@earthlink.net>
Submitted into the pini is
-.-----recordf r it m(sj --
on 1 P City Cie*
Cc: "Alvarez, Beatriz" <BAlvarez@miamigov.com>, "Campana, Carlos" <CCampana@miamigov.com>,
"Gonzalez, Silvia" <SilGonzalez@miamigov.com>, "Tibbs, Christine H." <CHwa@miamigov.com>,
"Lee, Erica" <ELee@miamigov.com>, "Garcia, Anastassia" <ANGARCIA@miamigov.com>, Victoria
Mendez <VMendez@miamigov.com>, "Suarez -Rivas, Rafael" <RSuarez-Rivas@miamigov.com>
Subject: Appeal of HEPB Decision Regarding Final Evaluation for Designation as a Local Historic
Resource -Chapter 23
Hello Mr. Schnidman,
You're very welcome.
I cannot respond to any of the legal arguments you are making in your emails because I, and all of Hearing
Boards staff, work in ministerial capacities. Hearing Boards staff will review your appeals, as per City of
Miami Code, when you come to the office. If you have any additional questions, please feel free to reach
out.
Regards,
Olga Zamora
Chief of Hearing Boards
Planning Department
.y MMstill# Office: 305.416.2037
11 of `www.miamigov.com/hearing_boards
From: Frank Schnidman [mailto:schnidmanf@earthlink.net]
Sent: Thursday, July 19, 2018 9:53 AM
To: Zamora, Olga <OZamora@miamigov.com>
Cc: Alvarez, Beatriz <BAlvarez@miamigov.com>; Campana, Carlos <CCampana@miamigov.com>; Gonzalez,
Silvia <SilGonzalez@miamigov.com>; Tibbs, Christine H. <CHwa@miamigov.com>; Lee, Erica
<ELee@miamigov.com>; Garcia, Anastassia <ANGARCIA@miamigov.com>; Mendez, Victoria
<VMendez@miamigov.com>; Suarez -Rivas, Rafael <RSuarez-Rivas@miamigov.com>
Subject: Re: Excessive Appeal Fee for Historic Property Designation --Treating each portion of a duplex as a
separate property, yet one property tax folio and tax bill
Dear Ms. Zamora;
Again, thank you for your immediate and professional response to our inquiry. Please know that we
sincerely appreciate the efficiency with which you have been handling all of our inquiries.
We will prepare the appeals as you direct and all will be filed in a timely manner.
From your response, I state that we have now have confirmed with you that it is the City's standard
practice equally applied to all properties to require each portion of a duplex property to file separately in
matters dealing with required zoning and planning and appeals matters, including requiring fees to send
notices for each portion of a duplex property. Since we will be using the boundary of the parcels for the
mailing labels, it appears that you will be charging thousands of dollars to mail notices to the same
addresses for each portion of a duplex.
In addition, I understand from your response that when the Appeals come before the City Commission,
that they will handle each portion of a duplex as a separate agenda item.
We appreciate the clarity of your responses, and we will begin preparation of the 11 Appeals. If we have
any further questions, we will contact your Office for assistance.
Best regards,
Frank Schnidman, J.D.; LL.M.
Bar Admissions: Florida, California, New York, District of Columbia
Former Distinguished Professor of Urban and Regional Planning
Former John M. DeGrove Eminent Scholar Chair, Florida Atlantic University
P.O. Box 11339
Fort Lauderdale, FL 33339
Email: schnidmanf@earthlink.net
Cell: 954-599-8715
Chairman, American Bar Association
Land Use Institute (Baltimore, April 11-12, 2019) www.landuseinstitute.org
SAVE THE DATE
Submitted into the pubii
record f itePs) ` '3 Z 4
on `l Z ( I I . City Clerk
From: "Zamora, Olga" <OZamora@miamigov.com>
Date: Thursday, July 19, 2018 at 8:41 AM
To: Frank Schnidman <schnidmanf(@earthlink.net>
Cc: "Alvarez, Beatriz" <BAlvarez@miamig vo com>, "Campana, Carlos" <CCam na miamigov.com>,
"Gonzalez, Silvia" <SilGonzalez@miamig vo com>, "Tibbs, Christine H." <CHwa@mi mig v.c m>,
"Lee, Erica" <ELee miamigov.com>, "Garcia, Anastassia" <ANGARCIA@miamigov.com>, Victoria
Mendez <VMendez@miamigov.com>, "Suarez -Rivas, Rafael" <RSuarez-Rivas@Mj migov.com>
Subject: FW: Excessive Appeal Fee for Historic Property Designation --Treating each portion of a
duplex as a separate property, yet one property tax folio and tax bill
Good morning Mr. Schnidman,
Please make sure each appeal you wish to submit has complete documentation and the appeal fee paid.
Hearing Boards cannot accept incomplete appeals. The following needs to be submitted for each property
you indicated you wish to appeal:
3475 Hibiscus Street will need all appeal documentation shown on the checklist. The appeal fee as per
Submitted into the public
record for items) A. ti
on City Clerk
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3477 Hibiscus Street will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3785 Frow Avenue will need all appeal documentation shown on the checklist. The appeal fee as per Code
is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3760 Frow Avenue will need all appeal documentation shown on the checklist. The appeal fee as per Code
is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3541 Plaza Street will need all appeal documentation shown on the checklist. The appeal fee as per Code is
$525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3543 Plaza Street will need all appeal documentation shown on the checklist. The appeal fee as per Code is
$525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3586 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3588 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3295 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3297 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3418 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
Regards,
.,.jv off. �� Olga Zamora
Chief of Hearing Boards
Planning Department
fail if,, Office: 305.416.2037
www.miamigov.com/hearing_boards
,1 N 14 %
From: Frank Schnidman[mailto:schnidmanf@earthlink.net]
Sent: Wednesday, July 18, 2018 7:00 PM
To: Zamora, Olga <OZamoramiamigov.com>
Cc: Alvarez, Beatriz <BAlvarez@miamig vo com>; Campana, Carlos < ampana@miamigov.com>; Gonzalez,
Silvia <SilGonzalez@miamigov.com>; Tibbs, Christine H. <CHwa miamigov.com>; Lee, Erica
<ELee@miamig vo com>; Garcia, Anastassia <ANGARCIA@miamigov.com>: Mendez, Victoria
<VMendez@miamigov.com>; rsuaez-rivas@miamigov.com
Subject: Re: Excessive Appeal Fee for Historic Property Designation --Treating each portion of a duplex as a
separate property, yet one property tax folio and tax bill
Importance: High i ,Tnitted into the public
_cord f r ite
Dear Ms. Zamora; on City Clerk
Thank you for your timely, detailed response.
You mention 11 properties needed to pay to Appeal, and there are only 5 folios for these properties.
Please understand that the duplex properties in question are each one folio with Miami -Dade County
Office of the Property Appraiser. They receive one tax bill.
It is difficult to understand how individual units of a duplex could be required to each file an appeal and
pay for duplicate notices. Again, see pictures of the structures, attached.
Based upon folio numbers, the number of properties that will be paying the Appeal fee is 5 and not 11, as
you indicate. $2,625 as opposed to $5,775. It makes quite a difference, and logic would indicate that you
do not count portions of a duplex separately.
These property owners are meeting tomorrow evening and Saturday to complete the Appeal forms so that
each property will be a separate agenda item at the Commission meeting of September 27, and it would
be helpful to have a response by the end of the day tomorrow that the City actually expects each portion
of a duplex that is under one folio number to pay an appeal fee, and to do almost duplicate mailings. And,
that the City expects to have individual City Commission agenda items on each portion of a duplex
property.
Again, thank you for your attention to this request, and know that we appreciate your clarifying what
appears to be a punitive, excessive and illogical Appeal fee requirement.
Frank
From: "Zamora, Olga" <OZamora@miamigov.com>
Date: Wednesday, July 18, 2018 at 10:38 AM
To: Frank Schnidman <schnidmanf@earthlin k.net>
Cc: "Alvarez, Beatriz" <BAlvarez@miamig vo com>, "Campana, Carlos" <CCampan miamigov.com>,
"Gonzalez, Silvia" <SilGonzalez@miamigov.com>, "Tibbs, Christine H." < Hw mi migov.com>,
"Lee, Erica" <ELee@miamigov.com>, "Garcia, Anastassia" <ANGARCIA@miamig vo com>
Subject: FW: Request for the Notice of Appeal Form
Hello Mr. Schnidman,
As I mentioned in my previous email, the fees are as per Code. The applicable section is found in the Code,
Section 23-4 (c) (7) outlines the fees to be charged (See screenshot below).
Miami, Florida - Cod... r Chapter 23 - HIST... f ARTICLE I. - HISTO... i Sec. 23-4.
VERSION: MAR 19. 2019 4CURRENTI • 0-0 1% TF,e
Submitted into the public
record fo items A • L � y
on _ 77 City Clerk U. t I tic
Sec. 23-1. - Intent and A
purpose.
Sec. 23-2. - Definitions.
Sec. 23-3. - Historic and
environmental preservation
board; preservation officer.
Sec. 23-5. - Nomination to
the national register of
historic places.
Sec. 23-6. -Transfer of
development rights for
historic resources;
provision for a
determination of eligibility
process, and special
Provisions for resources
within the Miami [Modern
(MiMo)lBiscayne Boulevard
Historic District; prohibiting
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3475 Hibsiscus Street will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3477 Hibiscuss Street will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3785 Frow Avenue will need all appeal documentation shown on the checklist. The appeal fee as per Code
is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3760 Frow Avenue will need all appeal documentation shown on the checklist. The appeal fee as per Code
is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3586 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3588 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3295 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3297 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
3418 Charles Avenue will need all appeal documentation shown on the checklist. The appeal fee as per
Code is $525.00 plus any noticing fees. No advertising fee is charged; the City bears this cost.
For the 500 -ft. radius, you will need to measure from the corners of the properties. The City's Planning
department has a free GIS system available on the web which you may use to prepare your property
owners labels. The web address is the following: f ps://Mps.miamigov. m/miamizoning/index.htm
If you need any assistance with navigating this site, please call the main number at 305.416.2030 and ask
for anyone in Hearing Boards and we will walk you through the site, step-by-step over the phone. Or, you
may come in person if you prefer.
If each appeal is complete, then each address will be an individual agenda item to be scheduled as part of
the September 27, 2018 City Commisison meeting.
Feel free to stop by without an appointment any time between 8 am — 5pm , M -F.
Regards,
Olga Zamora
Chief of Hearing Boards
Planning Department
Office: 305.416.2037
www.miamigov.com/hearing_boards
Suhlritted into the public
rccord f zte I� sk- y
Oil _ rl /�K City Clerk
From: Frank Schnidman [mailto:schnidmanf@earthlink.netl
Sent: Tuesday, July 17, 2018 4:27 PM
To: Zamora, Olga <OZamora@miamigov.com>
Cc: Alvarez, Beatriz <BAlvarez@miamigov.com>; Campana, Carlos <CCampana@miamigov.com>; Gonzalez,
Silvia <SilGonzalez@miamigov.com>; Tibbs, Christine H. <CHwa@miamigov.com>; Lee, Erica
< Lee miamigov.com>; Garcia, Anastassia <ANGARCIA@miamigov.com>
Subject: Re: Request for the Notice of Appeal Form
Dear Ms. Zamora;
Thank you for your immediate response. Your continued professionalism is truly appreciated.
If I understand your response correctly, each duplex property no matter how designated by Folio number,
for HEPB appeal purposes, is designated as separate properties needing a separate $525 fee for each unit
of a single structure/Folio. Please confirm for correctness that the amount listed below by each property is
the appeal fee that the City of Miami is seeking:
-3475/3477 Hibiscus Street (Folio 0141210074740 2 -unit Duplex). For HEPB Appeal process to be treated
as two separate properties requiring a $1050 appeal fee plus $3.25/ address for all properties within a 500 -
foot radius of each side of this duplex unit. Please see attached HEPB information on this property.
-3758/3760 Frow Avenue (Folio 0141200060490 2 -unit Duplex). For HEPB Appeal process to be treated as
two separate properties, requiring a $1050 appeal fee plus $3.25/ address for all properties within a 500 -
foot radius of each side of this duplex unit. Please see attached HEPB information on this property.
-3586/3588 Charles Avenue and 3541/3543 Plaza Street (Folio 04121076360 4 -unit Duplex). For HEPB
Appeal process to be treated as four separate units, requiring a $2,100 appeal fee plus $3.25/ address for
all properties within a 500 -foot radius of each unit of the 4 -unit Duplex. Please see attached HEPB
information on this property.
-3295/3297 Charles Avenue (Folio 0141210075130 2 -unit House). For HEPB Appeal process to be treated
as two separate properties, requiring $1050 appeal fee plus $3.25/address for all properties within a 500 -
foot radius of each side of this 2 -unit House. Please see attached HEPB information on this property.
-3418 Charles Avenue (Folio 0141210075260 House). For HEPB Appeal process to be treated as a single
home, requiring a $525 appeal fee plus $3.25/address for all properties within a 500 -foot radius of this
house. Please see HEPB information on this property.
Thank you for your immediate attention to this request for confirmation. Understand that being asked to
pay an Appeal fee for each unit of a duplex, plus to in effect pay the costs of an almost duplicate mailing
seems punitive in nature.
Frank Schnidman
From: "Zamora, Olga" <OZamora@miamigov.com>
Date: Tuesday, July 17, 2018 at 2:53 PM
To: Frank Schnidman <schnidmanf@earthlink.net>
Cc: "Alvarez, Beatriz" <BAlvarez@miamigov.com>, "Campana, Carlos" <CCampana miamigov.com>,
"Gonzalez, Silvia" <SilGonzalez(@miamig vo com>, "Tibbs, Christine H." <CHw@@miamigov.com>,
"Lee, Erica" <ELee@mi migov.com>, "Garcia, Anastassia" <ANGARCIA@miamigov.c m>
Subject: RE: Request for the Notice of Appeal Form Submitted into the public
record f rite (s) 51, , L y
Hello Mr. Schnidman, on_ 'I City, Cierk
The attached checklist is the correct, and most recent, checklist Hearing Boards staff uses to review for
completeness.
With regards to the appeal period, the time frame is 15 days. For example, if a resolution is not amended
by the Board, the 15 -day appeal period begins the day after the HEPB meeting. The resolution from last
night was amended by the HEPB; therefore, it first needs to be reviewed for legal accuracy by the City
Attorney's Office before Hearing Boards renders it. At this time, the appeal period looks like it may end on
August 1, 2018 at 5 pm. I can provide you with the final date once I've rendered the resolution.
Also, you will see on the checklist that payment must also be received at the time of filing. As per the
Code, an owner or aggrieved party are to pay $525.00 as the appeal fee, plus any applicable noticing costs.
From your email below, I see that you are interested in appealing the Board's decision as it affects 11
properties. The resolution from last night is HEPB Resolution R-18-050. Each appeal for each property
address you mentioned below will need to include the HEPB resolution number. When you arrive at
Hearing Boards, whomever is assisting you will prepare the corresponding invoices that you may pay at the
Cahier's Office or online, only.
Lastly, I do suggest submitting paperwork as early as possible since these are time sensitive matters. You'll
notice I have copied all of my colleagues in Hearing Boards. Any one of us may help you with reviewing and
taking in complete appeals. Feel free to stop by without an appointment any time between 8 am — 5pm ,
M -F.
Regards,
. o N, OP f�
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Olga Zamora
Chief of Hearing Boards
Planning Department
Office: 305.416.2037
www.miamigov.com/hearing_boards
From: Frank Schnidman[mailto:schnidmanfCcDearthlink.net]
Sent: Tuesday, July 17, 2018 12:11 PM
To: Zamora, Olga <OZamoraCa miamigov.com>
Subject: Request for the Notice of Appeal Form
Dear Ms. Zamora;
Thank you for your diligence last night trying to make sure that procedural requirements were met.
A number of the property owners designated an historic resource last night/this morning will be filing an
Submitted into the public
record f r it (s) y_k �
on City Clerk
appeal to the City Commission.
We understand that there is a 15 -calendar day appeal period. Given that the HEPB meeting went past
midnight on the 16th to the 17th, when does the 15 calendar day appeal period begin and when does it
end?
Also, I attach 3 pages and ask you to confirm that these are the complete instructions that must be
followed, in addition Sec. 23-4(c)(7).
And, the Appeal Letter must include the HEPB Resolution Number for each of the properties. Below I
provide the list of properties and ask if you can provide the Resolution number:
-3475/3477 Hibiscus Street
-3758/3760 Frow Avenue
-3586/3588 Charles Avenue
-3541/3543 Plaza Street
-3295/3297 Charles Avenue
-3418 Charles Avenue
Thank you for your attention to this request for information that will allow us to immediately begin the
preparation of the Appeal Letter.
My best regards,
Frank Schnidman