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Appeal of Design Review Board File No. 23062 for Right-of-Way Property Located at 1604 Alton Road c,20 l((___a S2'7 ?l WEISS SEROTA HELFMAN MITCHELL BIERMAN,P.A. - COLE BIERMAN & Po POK P.L , • MATEO ARIAS MITCHELL J.BURNSTEIN,P.A. ELISA N.BRAMBLE JAMIE ALAN COLE,P.A. ATTORNEYS AT LAW SONJA C.DARBY STEPHEN J. HELFMAN,P.A. DANIEL A.ESPINO MICHAEL S.POPOK,P.A. A PROFESSIONAL LIMITED LIABILITY COMPANY ERIC P.HOCKMAN JOSEPH H.SEROTA,P.A. INCLUDING PROFESSIONAL ASSOCIATIONS SCOTT M.HYMAN SUSAN L.TREVARTHEN,P.A. KELLY RAINS JESSON RICHARD JAY WEISS,P.A. MIAMI-DADE OFFICE KAREN LIEBERMAN' DAVID M.WOLPIN,P.A. JUSTIN D.LUGER 2525 PONCE DE LEON BOULEVARD MIA R. MARTIN DANIEL L.ABBOTT ALE IDA MARTiNEZ MOLINA• LILLIAN M.ARANGO SUITE 700 EDWARD MARTOS IGNACIO G.DEL VALLE CORAL GABLES, FLORIDA 33134 TERENCE L. MCKINLEY' JEFFREY D.DECARLO KATHRYN M.MEHAFFEY ALAN K.FERTEL ROBERT A. MEYERS' CHAD S.FRIEDMAN GILBERTO PASTORIZA•• ALAN L.GABRIEL TELEPHONE 305-854-0800 MARC C.PUGLIESE• DOUGLAS R.GONZALES FACSIMILE 305-854-2323 GAIL D.SEROTA' EDWARD G.GUEDES WWW.WSH-LAW.COM ANTHONY C.SOROKA JOSEPH HERNANDEZ EDUARDO M.SOTO• ROGER S.KOBERT BROWARD OFFICE ALAN SWCHARTZSEID JOSHUA D.KRUT MATTHEW H. MANDEL 200 EAST BROWARD BOULEVARD•SUITE 1900 PABLO A.TAMAYO MATTHEW PEARL FORT LAUDERDALE,FLORIDA 33301 JOANNA G.THOMSON JOHN J.QUICK PETER D.WALDMAN• TELEPHONE 954-763.4242 • FACSIMILE 954-764-7770 ALICIA H.WELCH ANTHONY L.RECIO BRETT J.SCHNEIDER SAMUEL I.ZESKIND CLIFFORD A.SCHULMAN 'OF COUNSEL ALISON F.SMITH MARC SOLOMON '•SENIOR COUNSEL LAURA K.WENDELL JAMES E.WHITE January 20, 2015 VIA ELECTRONIC MAIL& FEDERAL EXPRESS Eve Boutsis, Esq. Deputy City Attorney City of Miami Beach 17000 Convention Center Drive Miami Beach, FL 33139 Mr.Tom Mooney Planning Director City of Miami Beach 17000 Convention Center Drive Miami Beach, FL 33139 Re: Appeal of Design Review Board File No.23062 (the"Application") for Right-of-Way Property Located At 1604 Alton Road (the Property") Dear Ms. Boutsis and Mr. Mooney: On behalf of the Appellee, Crown Castle NG East (the "Appellee"), in connection with the Application for a telecommunications facility at the Property that is currently under Appeal pursuant to Section 118-261 of the Code filed by Mr. Tucker Gibbs on behalf of ARRP Miami, LLC,we write to formally withdraw the Application. Eve Boutsis, Esq. Mr.Tom Mooney January 20, 2015 Page 2 By copy of this letter, we are notifying the appellant. Please remove this matter from any future City Commission agenda. For avoidance of doubt, this withdrawal applies only to the Property and shall not operate as any kind of waiver or otherwise estop the Appellant from filing one or multiple applications on any other property. Thank you for your attention to this matter. Please call me if you have any questions. Very t1, ours, \) Tony Recio T{�/ 61,1`6027 cc: Ms.Wanda Melton Melissa Anderson, Esq. Tucker Gibbs, Esq. Mitchell Bierman, Esq. WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L. Cardillo, !.ilia From: Boutsis, Eve Sent: Tuesday,January 20, 2015 12:45 PM To: Granado, Rafael; Cardillo, Lilia Cc: Aguila, Raul; Mooney, Thomas Subject: FW: Crown Castle - and DAS Appeal Attachments: Letter withdrawing item under appeal.pdf As the underlying application has been withdrawn, the appeal is now moot and should come off the February agenda. Thank you. MEW MINIIIIM■11■1•Mill ° M BEt C MIAMI A Eve A. Boutsis, Deputy City Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive, Miami Beach,FL 33139 Tel:305-673-7470 Ext 6471 / Fax#305-673-7002 www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community. From: Tony Recio [mailto:TRecio @wsh-law.com] Sent: Tuesday, January 20, 2015 12:19 PM To: Boutsis, Eve; Mooney, Thomas Cc: Mitchell Bierman; Aguila, Raul; Cardillo, Lilia; Granado, Rafael; Murphy, James; Anderson, MelissaP; Melton, Wanda; W. Tucker Gibbs Subject: RE: Crown Castle - and DAS Appeal Eve and Tom, please see the attached letter confirming our withdrawal of the application under appeal. Please let me know if you have any questions. From: Boutsis, Eve [EveBoutsis @miamibeachfl.gov] Sent: Friday, January 16, 2015 3:54 PM To: Tony Recio Cc: Mitchell Bierman; Aguila, Raul; Cardillo, Lilia; Granado, Rafael Subject: RE: Crown Castle - and DAS Appeal Thank you Tony, I appreciate the quick response. Look forward to Tuesday's formal withdrawal. Have a great weekend. 44a.. 14;5•.2.15 i BF A C H MIAMI H Eve A. Boutsis, Deputy City Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive, Miami Beach, FL 33139 Tel:305-673-7470 Ext 6471 / Fax#305-673-7002 www.miamibeachfl.qov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community. From: Tony Redo [mailto:TRecio @wsh-law.com] Sent: Friday, January 16, 2015 3:54 PM To: Boutsis, Eve Cc: Mitchell Bierman; Aguila, Raul; Cardillo, Lilia; Granado, Rafael Subject: Re: Crown Castle - and DAS Appeal Thank you Eve, we will take care of it and get it to you on Tuesday. Have a great weekend Tony Recio On Jan 16, 2015, at 3:48 PM, Boutsis, Eve<EveBoutsis @miamibeachfl.gov>wrote: Gentlemen: Per our discussion earlier this week,you were going to withdraw this application as you were to use a different location and proceed with that location, instead. We are preparing for the 2/11 agenda, and the DAS appeal is still on the agenda. As such, We need written confirmation of the withdrawal of that application. ASAP. Thank you. <imageOO1.png> MIAMI Eve A. Boutsis, Deputy City Attorney OFFICE OF THE CITY ATTORNEY 1700 Convention Center Drive, Miami Beach,FL 33139 • Tel:305-673-7470 Ext 6471 / Fax#305-673-7002 www.miamibeachfl.qov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community. 2 Tony Recio Partner WEISS SEROTA HE7L�FMA.N- COLF.BIERi�AN&l`OPOK 2525 Ponce de Leon Blvd., Suite 700 I Coral Gables, FL 33134 P: (305)854-0800 F: (305)854-2323 wsh-law.com I vCard THINK BEFORE YOU PRINT This message,together with any attachments,is intended only for the addressee.It may contain information which is legally privileged,confidential and exempt from disclosure.If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,use,or any action or reliance on this communication is strictly prohibited.If you have received this e-mail in error,please notify the sender immediately by telephone (305)854-0800 or by return e-mail and delete the message,along with any attachments. Tax Advice Disclosure:To ensure compliance with requirements imposed by the IRS under Circular 230,we inform you that any U.S.federal tax advice contained in this communication(including any attachments),unless otherwise specifically stated,was not intended or written to be used,and cannot be used,for the purpose of(l)avoiding penalties under the Internal Revenue Code or(2)promoting,marketing or recommending to another party any matters addressed herein. Tony Recio Partner WEISS SEROTA HEILEMAN 2525 Ponce de Leon Blvd., Suite 700 I Coral Gables, FL 33134 P: (305)854-0800 F: (305)854-2323 wsh-law-v.com I vCard to Fri THINK BEFORE YOU PRINT This message,together with any attachments,is intended only for the addressee.It may contain information which is legally privileged,confidential and exempt from disclosure. If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,use,or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error,please notify the sender immediately by telephone (305)854-0800 or by return e-mail and delete the message,along with any attachments. Tax Advice Disclosure:To ensure compliance with requirements imposed by the IRS under Circular 230,we inform you that any U.S.federal tax advice contained in this communication(including any attachments),unless otherwise specifically stated,was not intended or written to be used,and cannot be used,for the purpose of(1)avoiding penalties under the Internal Revenue Code or(2)promoting,marketing or recommending to another party any matters addressed herein. 3