DRB Appeal - 1100 West AveP ~ (~~•~ ~ Ll ~ `~ Newel & Greenfield, P.A.
Z; 3j 6741 ()rang[: Drive
2.a,~p ~~`'~ GO ~~ Davie, Florida 33314
i, ~ Tel: (954) 321-7701 Fax: (954) 7~~ - -- ----
',1i1 ..~
'November 26.2008
The City of (vliami Beach _ _ _ _ _ _ _.
c:'o The Cih Clerk
1700 Convention Center llrive. First Floor
Miami Beach, Florida 33139
RG: 1100 Rest Avenue :lppcal of Design Review Board Amended Consolidated
Order. rendered on ivovembcr 6, 3008
Dear \ir. Parcher
We represent 1100 LVest Properties, LLC ("1100 West"), the owner of the pro}x;rty (the
'<Property") having art address of 1100 Rest .avenue, Miami Beach, Florida. R'e hereby appeal
to the i/4ayor and City Cotmnission the Amended Consolidated Urder of the City of Miami
Beach (the "City") Dcsigu Review Board (the "DRB"), rendered on November 6, 2008,
regarding the Property. Copies of the Amended Consolidated Order and the Consolidated Order
(collectively, the ''Orders") arc attached hereto and incorporated herein.
1100 West filed an application (the ":'\pplication") with the DRB lirr design review approval
rcgardutg unpmvements to the Propcm. "1•he Plamtit)c Department of the City indicated that it
would not issue a positive recommendation for the Application unless 1100 West agreed to
construct a Ba}walk adjacent to the Property and. if penuits could not he obtained for a
Baywalk, that 1100 \\~est pay for rigln-oC-way improvements, such as a new park (collectively,
the "Public improvements"), at the western terntinus of 10`" Street on public properly. 1100
West estimates that the cost of the Public hnprovements will be hundreds of thousands of
dollars. The Lnprovements arc not a part of the Property and were never put of the Application
to the DRB.
1100 \\ est hereby appeals the provisions of the Orders that require l 10(1 L4'est to pay hundreds
of thousands of dollars in public improvements as a condition of lx;ing able to make
improvements to its own pm ate Property[. Pursuant to Section 118-362 of the City Code, a
DRB decision Hurst be reversed if the DRB did not observe the essential requirements of law.
The powers of the DRB, as set forth in the City Code. do not include the right to force private
property o~~ners to spend hundreds of thousands of dollars in public improvements as a condition
r 1100 Nest has ao objection to the Orders' provisions requiring the construction of the t1a}u~alk, since the Baywalk
is part of the Property ti•hich is the subject of the .Application.
of receiving design review approval and beutg able to renovate their ova°n private property. See.
e.g., Code Sections 118-251 and 118-254 ("design review encompasses the examina[ion of
architectural drawings..."). Supply put, the DRB is a design board. whose jurisdiction is limited
to reviewing the design aspects of the applicant`s property. In reviewing an application, the
DRR must confine its review to the design review criteria stated in the Codc.
Based on the Ibregoing. the provisions of thz Orders requiring the expenditure of hinds b~ 11U0
~~%est for unrelated public improvements are illegal and must he stricken from the Orders.
Vcr~ tnily yours.
David vevel
cc: Nor. Jorge Gomez, Planning Director
Mr. Jose Smith, City.4ttomey
qtr. 'l homas ~4ooney, Dzsign and Preservation Nlanagcr
'~9r. Ciary Held. First Assistant City attorney
~evcl c4c Greenfield, P.:1.
6741 Orange Drive
Davic, I'lorida 333j3--
Tcjepfionc: 954-32 ] -7701
/dacsunilc:954-?91-3024.. ~_
13v: ~
DAVTD
1'lorida Isar ~Io. 201537