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HOME
DEPOT FAILED
TO
FOLLOW THE LAW
Posted on Sunday,
October 22, 2006
Rants
/ Letters From Readers
COCONUT GROVE
HOME DEPOT FAILED
TO FOLLOW THE LAW
This will serve as a response to the
fears that Home Depot will retrofit into
the former Kmart and we will lose
Walgreens and Milams.
First and foremost, Walgreens
purchased the Oil Can Change on the
corner of Bird and U.S. 1, so there is
no concern for the drugstore -- it will
be 150 feet away. Walgreens has always
wanted a drive-through pharmacy, and
Home Depot never allowed sufficient
space for that.
Home Depot will not be retrofitting
into the Kmart space because of its
failure to comply with the law passed
well in advance of the filing of the
retrofit plans with the city. The law is
plain and clear on this. There is no
argument for grandfathering the Kmart
Certificate of Use, because the Kmart
Certificate of Use lapsed more than six
months ago and Home Depot did not
attempt to maintain the use.
The Max Strang plan, which ''few''
have chosen to call the community plan
is the only pending permit Home Depot
has arguable rights to for utilization
of this site, and it must overcome the
zoning board's denial of the city
administration's granting of the permit.
The Max Strang plan may become the
community plan when Home Depot does away
with the use of contractors and their
day laborers and when they respect the
trees intended to be destroyed that were
appealed by the Treeman Trust. There are
other necessary accommodations that must
be made, including the proper storage of
inflammable liquids as well as the
storage of pesticides and other toxic
material next to Bridgeport Avenue. The
fire last Sunday morning at Grove Gate,
which received little publicity, clearly
illustrates the need to protect the
neighborhood from the storage of the
explosive materials as well as the
potentially lethal toxic materials.
What if Home Depot were operating and
these inflammables caused a cascade
effect and brought toxic materials over
the wall of Home Depot? There are moms
and dads on Bridgeport with infants and
toddlers who deserve a heck of a lot
better of this so-called community plan,
a plan that fails to address the storage
of significant quantities of the toxic
substances.
You may remember reading of the fire
at a Home Depot in Boston that brought a
cloud of toxic material to the neighbors
for days. We do not want to risk that in
the Grove.
There is still work to be done, but,
all of you out there, please take stock
that Home Depot failed to follow the
law. Why? Those reasons could be
anyone's guess.
Keep in mind the Oct. 12 fundraiser
for Linda Haskins, which Home Depot
lawyers hosted where they raised more
than $250,000.
When they began to retrofit, the city
failed to make them follow the law. A
judge will easily find they failed to
follow the law and they will lose their
permit to retrofit.
MARC SARNOFF
COCONUT GROVE
Editor's note: Marc Sarnoff is a
candidate for the District 2 Miami City
Commission seat.
Copyright 2006 Miami Herald Media
Co.
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