File Ref. #007
CITY OF MIAMI BEACH
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November 13, 1997
91 NOV \ 1 PM \: 23
CITY CLERK'S OFFICE
TeI.phon.I73-7010
Facslmll.173-7712
OFFICE OF THE CITY MANAGER
Mr. Dean J. Grandin
Historic Preservation and Urban Design Director
1 700 Convention Center Drive
Miami Beach, FL 33139
RE:
Appeal of DRB File No, 9333J
1110 Lincoln Road - Asia de Cuba
Dear Mr, Grandin:
In reference to the above noted matter, please be advised that I, in my capacity as City
Manager, am hereby appealing the October 7, 1997, decision of the Joint Design
Review/Historic Preservation Board regarding Design Review File No. 9333J to the
Historic Preservation Special Master, Specifically, I would request that the Historic
Preservation Special Master review the roof-top portion of the project and remand the
matter back to the Joint Design Review/Historic Preservation Board for further
consideration.
First, with regard to the proposed outdoor roof-top dining area, I believe that the Joint
Board did not base its decision on substantial competent evidence in that proper
documentation relating to exterior furniture, fixtures and service stands, and sufficient
documentation with regard to the visibility of the physical elements of the proposed
roof-top dining area including the perimeter rails, stairtower and canopy structure was
not presented to the Board, Furthermore, said physical features, in and of themselves,
as well as the proposed alterations to the existing contributing structure in order to
facilitate the proposed outdoor restaurant use, (i.e., new perimeter railings) are not
compatible with the low-scale residential fabric of the area to the immediate south of
the subject property and would detract from the appearance and character of the
subject building.
Finally, I do not believe that substantial competent evidence was presented to show
that the project satisfies Design Review criteria No.6, which states that "the proposed
Structure indicates a sensitivity to and is compatible with the environment and
adjacent Structures, and enhances the appearance of the surrounding properties", and
criteria No.7, which states that "the design and layout of Buildings shall be reviewed
so as to provide an efficient arrangement of land uses and that particular attention
'5
November 13, 1997
Page Two
shall be given to safety, crime prevention and fire protection, relationship to the
surroundin9 nei9hborhood. impact on contiguous and adjacent Buildings and lands,
pedestrian sight lines and view corridors", In this regard, the design, appearance and
visibility of the physical elements of the proposed outdoor roof-top restaurant have the
appearance of a "night-club" and have the potential to greatly detract from and
negativley impact the surrounding neighborhood.
Please prepare all of the necessary documentation for this appeal hearing and
coordinate with the City Clerk's office to schedule a hearing before the Special Master
within the parameters as setforth under the Zoning Ordinance.
JOSE GARCIA-PEDROSA
City Manager
F:\PLAN\$ALL \CM _ RESP\9333-APP. WPD
cc: S, Rodriguez
H. Mavrogenes
D. Grub Freiser
R. Parcher
T, Mooney
W. Cary
ORB File #9333J
L. Dougherty
B. Zyscovich
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RECE\VE.O
CITY OF MIAMI BEACH 1 NO\J 20 M~ \Q~ \ 2
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISIO~ _' CE
To: ROBERT PARCHER, CITY CLE~r\ .
From: DEAN J. GRANDIN, Jr., HIST~ESERVATION AND
URBAN DESIGN DIRECTORClfl
Date: November 14, 1997
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Subject:
Appeal of DRB File No. 9333J
1110 Lincoln Road - Asia de Cuba
Attached, please find correspondence from the City Manager, pertaining to the above
noted matter. As you may be aware, the City Manager may appeal a decision of the
Joint Design Review/Historic Preservation Board to the Special Master appointed by
the City Commission, in accordance with Subsection 19 of the Zoning Ordinance.
Specifically, the Zoning Ordinance stipulates the appeal shall be in writing and
submitted to the Historic Preservation and Urban Design Director within twenty (20)
days of the date on which the Board reached a decision on an application. The
Ordinance further prescribes that within thirty (30) days of receipt of this appeal,
which was November 13, 1997, the Historic Preservation and Urban Design Director
shall submit the appeal to the Special Master who shall set a date and time for hearing
the appeal.
The notice requirements for the hearing shall be identical to the notice requirements
for the original decision upon which the appeal is based, which consist of the following
advertising provisions:
1. Not less than fifteen (15) days prior to the public hearing date, a description of
the request, and the time and place of such hearing shall be posted on the
property on a sign of no less than 11" x 17".
2. Not less than fifteen (15) days prior to the public hearing date, a description of
the request, and the time and place of such hearing shall be advertised in a
paper of general paid circulation in the municipality.
3. Not less than fifteen (15) days prior to the public hearing date, a description of
the request, and the time and place of such hearing shall be given by mail to the
owners of record of land lying within 375 feet of property.
As this is a matter which is administered by the Clerk's office, the Legal Department
will continue to handle the notice requirements. In this regard, attached, please find
November 14, 1997
Page Two
one (1) set of mailing labels for the owners of record of land lying within 375 feet of
property, in order to satisfy the mail notice requirements. In reference to the posting
requirement, please forward one (1) copy of the notice for this hearing, when it is
ready, to Tom Mooney of my staff so that it may be properly posted.
The verbatim transcript of the Joint Board hearing for this application has been ordered
from a Court Reporting Service and we expect to receive it within a reasonable period
of time, In view of the time constraints vis-a-vis the holiday season, it may be
advisable to set a hearing date for some time right after the beginning of the new year.
Please advise when a hearing date has been set, so Division staff and the
Administration may mark their calendars accordingly. If you have any further
questions with regard to this matter please contact me.
DJG:TRM
F:\PLAN\$ALL \G EN CORR\I NTEROFF\DG-ASIA2. WPD
Enclosure
cc: J. Garcia-Pedrosa
S. Rodriguez
H, Mavrogenes
D. Grub Frieser
D. Turner
DRB File #9,333J
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