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<br />Greenberg <br />Traurig <br /> <br />Clifford A. Schulman <br />Tel: 305-579-0613 <br />Fax: 305-961-5613 <br />schulmanc@gtlaw.com <br /> <br />December 14, 2006 <br /> <br />Via Hand Delivery <br /> <br />Mr. John Szerlag <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br /> <br />Re: Appeal of Administrative Decision / Interpretation of Code <br />Provisions Regarding the Calculation of Density and Floor Area and <br />the Requirement of Conditional Use Approval for a Package Liquor <br />Store <br /> <br />Dear Mr. Szerlag: <br /> <br />On behalf of Publix Supermarkets, Inc., and pursuant to Section 265-22 of the Sunny <br />Isles Beach Code of Ordinances, (the "Code"), I respectfully submit an appeal of the <br />administrative decisions described below. Both of the decisions described below directly <br />impact the proposed redevelopment of the Publix Supermarket site located at 18320 Collins <br />A venue. As you know, my client has submitted for site plan approval a redevelopment plan <br />which includes the construction of a new Publix Supermarket shopping center, a luxury <br />residential condo tower, a marina, and the dedication of a 50 foot wide right of way so as to <br />extend North Bay Road. The submerged lands which abut the property and will be the future <br />site of the proposed marina are owned in fee simple by Publix Supermarkets, Inc., and are an <br />integral part of the development site. <br /> <br />On November 30, 2006, I was advised by City Attorney Hans Ottinot, during the course <br />of a phone conversation, that the City would not include the abutting submerged lands as part <br />of the development site for purposes of calculating permitted density and floor area. It appears <br />that Mr. Ottinot's Code interpretation is contrary to the plain reading of the following Code <br />prOVISIons: <br /> <br />Density, Net - The number of residential dwelling units divided by the net parcel area. <br /> <br />Net Acre or Net Parcel Area - The total area of a development parcel, less rights-of-way and <br />land dedicated or reserved for public parks (excluding private tot lots and private recreation <br />areas.) <br /> <br />MIA 17949S691v112/13/2006 <br /> <br />Greenberg Traurig, PA I Attorneys at Law 11221 Brickell Avenue 1 Miami. FL 33131 1 Tel 305.579.0500 1 Fax 305.579.0717 1 www.gtlaw.com <br />