File Ref. #047
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CITY OF MIAMI BEACH CITY COMMISSION
IN RE: The Application for Design Review approval for the construction of
a 135 unit, 26 story (242'-8" to the top of the roof and 270'-10" to the
highest architectural projection) condominium building (the "Project").
PROPERTY: 20 Venetian Way
APPLICANT: Victor 1. Labruzzo
FILE NO.: 9188
CORRECTIVE ORDER
That Order made and entered March 16, 1998 is hereby corrected to read as follows:
This matter was heard by the Miami Beach City Commission on Wednesday, February 4, 1998, on appeal by
Aimee Hamilton from an Order of the City of Miami Beach Design Review Board dated December 2. 1997. The City
Commission, having duly considered the matter based upon the record, which includes, among other things, staff reports
and recommendations, together with:the argument of counsel, all of which are incorporated:herein:by.:reference, hereby
fmds as follows:
A. The Design Review Board Order is not based upon competent substantial evidence in the following
respects, including, but not limited to:
(1) a mitigation plan to address concurrency issues has not been approved;
(2) design bonuses were not validated; and
(3) the Project is not compatible with other structures,
all as more specifically required in the criteria set forth in Section 18-2.A of City of Miami Beach Zoning
Ordinance 89-2665 ("Zoning Ordinance"), and
. .
B. The Design Review Board Order fails to comply with the essential requirements of law as follows:
(I) faih:lfe ta eall.aitiall. al'l'faval af aporovin~ the utilization of desi!!n bonuses and bonus FAR for the
Project 6ft without a City-wide Referendum regarding the approval of an increase in FAR (Floor Area
Ratio) tftral:1gh the l:1tilizatiall. af ae3igll. ball.l:1JeJ Itfla ball.l:13 FAR, and
(2) failure to demonstrate that the proposed development does not degrade adopted Levels of Service
pursuant to Section 22-3 of the Zoning Ordinance.
IT IS THEREFORE ORDERED by the City Commission that the Design Review Board's Order dated December
2, 1997 is reversed and remanded to the Design Review Board, however, any further proceedings shall address the above
findings and shall be governed by City of Miami Beach Zoning Ordinance No. 89-2665, as amended by all applicable
Ordinances, including Ordinance Nos. 97-3097 and 98-3107, and if desi!!n bonuses are to be used thev shall be put on the
ballot for aporoval bv Referendum pursuant to the June 3. 1997 Charter Amendment.
The action of the Commission was approved pursuant to a 6 to I vote. Vice Mayor Dermer opposed.
ATTEST:
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DONE AND ORDERED this j>rday of April, 1998.
MAYOR
APPROVED AS TO
FORM & LANGUAGE
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That Order made and entered March 16, 1998 is hereby corrected to read as follows:
Corrective Order
This matter was heard by the Miami Beach City Commission on Wednesday, February 4,
1998, on appeal by Aimee Hamilton from an Order of the City of Miami Beach Design Review
Board dated December 2, 1997. The City Commission having duly considered the matter based
upon the record, which includes, among other things, staff reports and recommendations,
together with the argument of counsel, all of which are incorporated herein by reference, hereby
finds as follows:
A. The Design Review Board Order is not based upon competent substantial evidence in
the following respects, including, but not limited to:
l) a mitigation plan to address concurrency issues has not been approved;
2) design bonuses were not validated; and
3) the Project is not compatible with other structures,
all as more specifically required in the criteria set forth in Section l8-2.A of City of
Miami Beach Zoning Ordinance 89-2665 ("Zoning Ordinance"), and
B. The Design Review Board Order fails to comply with the essential requirements of
law as follows:
I) failure to demonstrate that the proposed development does not degrade
adopted Levels of Service pursuant to Section 22-3 of the Zoning Ordinance.
IT IS THEREFORE ORDERED by the City Commission that the Design Review Board's
Order dated December 2, 1997 is reversed and remanded to the Design Review Board, with
instructions and that the applicant submit a new application that shall address the above findings
and shall be governed by City of Miami Beach Zoning Ordinance No. 89-2665, as amended by
all applicable Ordinances, including Ordinance Nos. 97-3097 and 98-3107.
The action of the Commission was approved pursuant to a 7 to 0 vote.
DONE AND ORDERED this _ day of March, 1998.
Mayor
ATTEST:
City Clerk