Plastic Surgeon's Office-1900 Brickell Avenue
Reprinted from BHA News, Spring 2001
President's Column:
Our "Alice-in-Wonderland" City Commission
By T. Sinclair (Tory) Jacobs
In retrospect, the Miami City Commission's ruling on January 25, 2001 -- the 242nd anniversary of Scotland's renowned poet Robert Burns' birth -- seems disappointingly fitting.
The Miami City Commission voted 3-to-2 to uphold the City's Acting Zoning Administrator's ruling about the clause in City Commission Resolution 97-73, enacted January 23, 1997, for the 1900 Brickell Avenue property: The Health Clinic (Medical Office) shall be used only for consultation relating to plastic surgery; no medical or surgical procedures of any kind shall be performed anywhere on the property. Apparently the above does not mean that no medical procedures of any kind shall be performed anywhere on the property.
The Zoning Administrator's ruling (supported by the Commission's 3-to-2 vote) is that the Resolution only prohibits surgical procedures even though it says "medical or surgical procedures."
You may well ask how precise English language can be interpreted completely opposite to its customary reading. You may need to go through the Looking Glass to the upside-down world of Lewis Carroll for the answer: "When I use a word" Humpty-Dumpty said, "it means just what I choose it to mean – neither more nor less."
It is an awesome power to be able to create your own meaning from unambiguous language. Think about it. . .isn't this an egregious threat to our cherished rule of law?
Surely, the Commission may vote to change its Resolutions. . .but to rule it doesn't mean what it clearly says! What kind of topsy-turvy world do we have at the foot of Pan American Drive? Perhaps a world more familiar to denizens of Alice's Garden.
To quote the bard, Robert Burns:
"It's hardly in a body's pow'r,
To keep, at times, frae being sour."
Neighborhood Matters: 1900 Brickell Avenue
BHA Needs You on Thursday, December 14, 2000, 5:00 p.m. at Miami City Hall, 3500 Pan American Drive, Coconut Grove
When the matter of 1900 Brickell Avenue will go before the entire Miami City Commission.
The Zoning Board on November 6 supported the Brickell Homeowners position 4 to 2 that medical and surgical procedures and Spa signage would not be permitted according to the original covenants in the Zoning Variance that was granted the plastic surgeon several years back. Yet the City Commission may or may not support the Zoning Board's opinion.
The Brickell Homeowners Association has battled this particular commercial encroachment issue in our neighborhood for several years, and all are asked to attend the meeting to ensure that BHA interests (as well as previous promises to the neighbors) will respected by the City Commission and forgotten.
Please come and bring a friend or two. Neighbors' presence at the meeting is important to show BHA's commitment to the neighborhood and the desire that Zoning protection be enforced and maintained so that we can retain a residential, not commercial, ambiance.
-December 10, 2000
Reprinted from BHA News, Summer 2000
The matter of 1900 Brickell Avenue will again go before the Planning and Zoning Board and then the City of Miami Commission. BHA is challenging the signage announcing a spa at the location. The use of this property which was one of the last remaining single-family homes on Brickell Avenue is part of the ongoing effort to safeguard the residential ambiance of Brickell Avenue and prevent commercial encroachment in the neighborhood. BHA's position is that both the sign and the new use of the facility are in violation of the original covenants of the agreement granting zoning variances to the plastic surgeon several years ago.
Recently a Brickell resident of 10 years responded to BHA's Website survey attributing the "plastic surgeon office eyesore" as one of the top three examples of how "the quality of life in the neighborhood has gotten worse" in the time he has lived here.
Reprinted from BHA News, Winter 2000
1900 Brickell Avenue / Plastic Surgeon's Office
Residents were alarmed when a sign announcing a spa went up in front of the property that had been promised to be a limited-use, doctor's office.
The City's Zoning and Planning Department reports they are trying to determine if the spa would be a violation of the covenants agreed upon when the initial zoning variances were granted. City Manager Donald Warshaw and Commissioner Johnny Winton are looking into it. The BHA will pursue on all fronts to keeping the spa and commercial encroachment out of residential Brickell.
Reprinted from BHA News, Spring 1999
1900 Brickell Avenue: Maintaining Residential Ambiance?
Despite the protests of BHA neighbors, the buyer of this property at 1900 Brickell Avenue, one of the few remaining single-family residences on Brickell Avenue, was granted zoning variances over two years ago to allow the retrofitting of the house for a plastic surgeon's office, which is ongoing. BHA officials are awaiting the replacement of a tree that was removed from the front of the property without proper permits.
Reprinted from BHA News, Fall 1997
Plastic Surgeon Snubs Nose at Commission's Resolution: Doctor Violates Ordinance, Removes Tree
In 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.
Reprinted from BHA News, Spring 1997
Residents Turn Out: Yet City Commissioners Vote Against BHA in Favor of Plastic Surgeon
Despite a strong showing at the Miami City Commission meeting by Brickell area residents against a special zoning exception for 1900 Brickell Avenue, Commissioners voted in favor of enabling a commercial enterprise to operate on residential Brickell Avenue. Commissioners voted 4 to 1 to allow the single family residence at 1900 Brickell Avenue to be converted into a medical office/clinic by a plastic surgeon. Only Mayor Joe Corolla, casting the final vote, sided with the residents.
Brickell Homeowners Association officers and residents representing nearly 5,000 homes and more than 10,000 adults attended Zoning Board, Planning Advisory Board and Commission meetings telling commissioners and staff they did not want this or any other medical practice here. Yet the individual doctor prevailed, securing a special exception to the residential zoning code so that he can open up shop in the midst of residential Brickell Avenue.
The Brickell Homeowners Association will appeal this decision in court.
The Battle to Preserve Residential Quality
This plastic surgeon's business has broken through the residential zoning code that the BHA strives to protect for residential Brickell Avenue, from 15th to 25th Roads. The association views preserving residential zoning as an important factor in enabling the unique, high-rise community to retain some residential quality. With the busy financial and downtown district to the north and U.S. 1's huge volume of traffic roaring through from the south everyday, it's sometimes hard for those who don't live on Brickell to remember that it is a neighborhood. But that is what its residents say it is, and what they want it to remain: a neighborhood.
Both the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association took unwavering stands against the proposed exception, which they view as benefiting one individual at the expense of an entire community.
Commissioner Willy Gort appeared before the BHA Board of Directors to explain why he voted as he did. The Miami City official said that although this special exception was granted, residents shouldn't worry about further commercial encroachment. He said the special language written in the resolution and the restrictions placed in the resolution will protect BHA residents.
"We put in a lot of restrictions. . .he may not even open," Gort said.
But the Commissioner also acknowledged that this exception, as well as resolutions for future similar exceptions, can be eased, released, rewritten and changed just as easily after a public meeting is held.
No Surgery in Surgeon's Office
One restriction that has been promised by the plastic surgeon and his attorneys since this issue arose last September was that no overnight stays, and even no outpatient surgery, will take place at the office.
While some of the particulars were a little uncertain, Commissioner Gort was sure of this restriction, saying definitively, "He's not allowed to do outpatient surgery there."
It is apparent, however, that there is no agency or other body responsible for monitoring the activity within the medical offices and ensuring that the doctor complies with the limitations agreed upon. "How are we going to know what the doctor is doing in there?" BHA officials asked Commissioner Gort.
Watch That Delete Key
In a recent review of the City's draft of the resolution outlining the exception and the restrictions, the BHA found that this critical concession, the language about no medical procedures, was left out! Gort said it was apparently omitted due to a "computer error" and will be put back in. When the resolution is finalized by the City, Brickell Homeowners will have 30 days to file its appeal.
What Exactly, Does It Take?
Signed petitions. Letters to officials. Information bulletins to residents. Posters. Concerned residents going down to City Hall to be heard. The will of two neighborhood associations. Some of the best legal representation in this specialized area available. Brickell Homeowners Association residents did all of this and yet were still unsuccessful in persuading Miami City officials to maintain their own zoning codes.
Among the issues and concerns the BHA has been involved with in its seven-year history, the association has had the least success with Miami City officials and zoning. Disappointed, ongoing discussion among BHA representatives is focused on trying to figure out what's the missing ingredient.
Time to PAC It In?
Many BHA representatives have concluded that perhaps an added kind of force is needed: the power of a Political Action Committee, with the purpose of endorsing and rejecting candidates. A PAC can financially support a candidate. Endorsements are made public through the media.
The BHA Board voted in March to investigate forming a PAC and have been gathering information, advice and allies. Directors have consulted with representatives from the law firm Adorno and Zeder, active in this area, to determine how the PAC would be formed and who would be involved. Residents will be kept apprised of this search for a more effective tool in fighting City Hall.
Reprinted from BHA News, Winter 1997
1900 Brickell: City Can't Say No to Spot Zoning
A series of deferrals by City of Miami officials on the issue of 1900 Brickell Avenue has left the future of residential Brickell Avenue up in the air for the past several months. The question lingers as to whether to allow the single family residence at 1900 Brickell Avenue to be converted into a medical office/clinic by a plastic surgeon. It will be considered again by City Commissioners Thursday, January 23rd, 5 p.m.
Although the Brickell Homeowners Association representing nearly 5,000 homes and more than 10,000 adults has said that they do not want this or any other medical practice here, the doctor is persistent in his effort to set up shop in this highly visible location, situated in the middle of residential Brickell Avenue.
The Battle to Preserve Residential Quality
This plastic surgeon's business would be the first commercial venture to break through the residential zoning code that the BHA strives to protect in its neighborhood. Residents fear that allowing this commercial encroachment would be the first of many exceptions, eroding the residential character of the neighborhood. Judging by how language in the code has been struck, added and expanded by officials trying to accommodate the special request of one, BHA Directors worry that any language developed would be just as easily be changed down the road for other exemptions.
The doctor and his attorney have asked for a "Special Exception" to the Zoning Code for the Brickell neighborhood which is residential only.
Both the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association have taken an unwavering stand against this proposed exception, which they view as benefiting one individual at the expense of an entire community.
To add more confusion to the matter, at the December City Planning Advisory Board meeting, the commission-requested ordinance was denied. But then, after interested parties had departed, the matter was brought up for reconsideration. Although Brickell Homeowners representatives and residents had left after the vote with what they thought was a victory, in its second discussion of the matter, the board added another amendment to make the city planning department's proposed change to the ordinance applicable to R-3 zoning throughout all of the city, not just Brickell Avenue. It was approved by the Planning Advisory Board.
Confusing? No question, however, the fundamental issue is whether to allow the residential quality of an entire community be disrupted to satisfy the desire of one individual.
Miami Commissioners will consider the matter on January 23, 1997, 5:00 p.m., Miami City Hall, 1500 Pan American Dr. The City Commission's decisioncommercial versus residentialis much more likely to be residential if many residents are present to make their position known.
Background
The property at 1900 Brickell Avenue, a single family residence, has been for sale for some time. The doctor has been operating a plastic surgery business for 15 years on Coral Way, but now wants to convert this home into a medical facility for patients. While he says there will be no overnight stays, he and his attorney say that about 10 patients would come to the facility daily, along with an administrative/medical support staff. (The new language would allow up to three.) The doctor says he would put up a sign on Brickell Avenue, announcing his medical practice. This would be the first and only business fronting Brickell Avenue between 15th and 25th Roads.
Why Not: The Arguments
- Argument: The doctor says that he plans to improve the appearance of the property which he says should outweigh that it is a commercial enterprise on a residential street.
- BHA/Roads Directors' Position: One exception, while perhaps to some not an objectionable kind of business operation, will inevitably lead to more. Rules, ordinances, special language and exceptions can be undone by the City as quickly as they are created.
- Argument: The doctor's attorney says that they will include in the language of the exception that only a plastic surgeon can operate there in the future, if the doctor should decide to leave or sell the property.
- BHA/Roads Directors' Position: The future is too uncertain. Property taxes are quite high for Brickell property such as this, so how long will such a practice be feasible? What if the doctor finds he must have other doctor/partners to be financially successful at this location? More doctors, more patients, support staff, etc. If an exception is granted now, we can only expect that another exception will be granted later, perhaps for a different kind or expanded business. The adjacent property to the south is currently a vacant lot.
- Argument: The property could have a 26-unit apartment building built there under the current code. Preservation of the single-family home is certainly preferable to a building that could be as high as five stories.
- BHA/Roads Directors' Position: No developer has come forth to develop the property into an apartment complex, and we have no indication there will ever be one. It is more probable that a developer purchasing the property would make larger units for the upscale Brickell market. Converting a home into a business is not preferable to residents who want to preserve the residential quality of their neighborhood.
Reprinted from BHA News, Fall 1996
Question: Commercial Use of a Brickell Avenue Residence? BHA Says "No" Now and for the Future
On Nov. 21, 1996, the future of residential Brickell Avenue is up for con-sideration. The question is whether to allow the conversion of the private residence at 1900 Brickell Avenue into a medical office/clinic by a plastic surgeon.
The doctor and his attorney have asked for a "Special Exception" to the Zoning Code for the Brickell neighborhood which is residential only. While this medical practice may produce a nice, considerate business, advocates for residential Brickell fear what might be next, if concessions begin.
Both the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association have taken an unwavering stand against this proposed exception, which will be considered at the Nov. 21st Miami City Commission meeting, 1500 Pan American Dr., Coconut Grove.
What the law says
The City of Miami Zoning Code explicitly prohibits commercial business fronting Brickell Avenue from 15th to 25th Roads, and the Zoning Board upheld this restriction at a hearing in September. Nonetheless, the doctor and his attorney took the matter before the Miami City Commission meeting on October 24th asking for a Special Exception to the code.
With petitions from Brickell residents against the zoning change in one hand, and several residents brought in to the meeting by the attorney saying a doctor's office there would be fine with them, it seems the commissioners were uncertain as to what neighboring residents really want. As a result, the commissioners deferred the matter to their November meeting and asked City staff to work out an "accommodation."
The "accommodation" proposed is an ordinance limiting the use of the property if the doctor sells it in the future. . .an ordinance that can be undone just as easily as it can be created.
Reprinted from BHA News, Fall 1996
President's Column By T. Sinclair (Tory) Jacobs: We Are Needed!
Now is the time for all good men and women to come to the aid of their Brickell neighborhood and, literally, stand up and be counted in our battle against Commercial Encroachment.
At the Miami City Commission meeting on Thursday evening, November 21st, all those present who are against granting a Special Exception permitting the conversion of a private residence at 1900 Brickell Avenue to a medical facility will be asked to stand.
Why We Should Be Standing There. . .
Numbers of bodies will demonstrate to the commissioners the importance of this issue to our community.
Whether we'd prefer preserving the residence to a 26-unit apartment complexa scenario some have suggestedis not the question. The 26-unit project is a "strawman." No one has proposed such a project. The residence at 1900 Brickell has been on the market for some time. When a project is planned for this property some time in the future, it is far more likely to be a much lower density project to meet the market needs.
The critical consideration is commercial encroachment. . .commercial encroachment on the west side of Brickell Avenue between Southeast 15th and Southeast 25 Roads, 10 blocks designated "R-3."
The "R" stands for residential. . .
We must keep it so to preserve the character of our neighborhood.
It just doesn't work to grant a single exception and then expect the granting of no more exceptions. . .no matter what protective ordinances are offered by the City. Any ordinances enacted by the City can subsequently be reenacted. They offer no real protection.
The point is that if the Brickell residents send a strong enough message NOW that we fight to protect and preserve our neighborhood, we may not have to soon take up arms again.
So, stand up and be counted at the City Commission meeting at City Hall, 1500 Pan American Dr., Coconut Grove, on November 21st.
