Fall 1997 – Plastic Surgeon Snubs Nose at Commission’s Resolution: Doctor Violates Ordinance, Removes Tree

In a move that seems to indicate little regard for the rules that came along with the “Special Exception” granted to him by Miami Commissioners last spring, the plastic surgeon at 1900 Brickell removed a tree in the front of the property without obtaining a permit and in direct violation of the resolution governing his use of the property.

When the City of Miami Commission allowed the doctor to open up shop in the residential Brickell area despite vigorous dissention from the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association, they did include a few little restrictions. One of these restrictions said that the exterior could not be changed without prior Commission approval at a public hearing.

The City has cited the doctor for tree removal and will handle that matter administratively. The BHA is awaiting word on the City’s response to the violation of the resolutions accompanying the Special Exception to the zoning ordinance.

The City’s law department did issue an initial report, however, that explained the City can rescind the special resolution if the “City Commission finds that there has been a violation of any conditions, restrictions or limitations in the resolution.”

In addition to recision, the City reported, “. . .any one violating or failing to comply with requirements of the zoning ordinance ‘shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars.’

“Upon demonstration to the City Commission that the property owner has violated any term, condition or limitation set forth in the City’s Zoning Ordinance, Special Exception Resolution or in the Recorded Declaration of Restrictive Covenants, the City may file civil, criminal or equitable legal proceedings against the property owner.”

Editorial Note: Even if the Face Ace didn’t know you’re not allowed to cut down trees (an environmental and civic “no-no” known to most), surely he remembers there is a legal battle still going on over his commericalization of the property along otherwise residential Brickell. And, he’s got to remember that the Comissioners, while accommodating his single request against the will of scores of neighbors, did ask for a few face-saving concessions. Apparently these are five faces the surgeon doesn’t care about lifting. Anyways, it’s just a little egg on the Commissioners’ faces, nothing they haven’t been able to wipe aside before.

From BHA News, Fall 1997, Vol. VII, No. 3