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File Ref. #071PROPERTY: DRB FILE NO.: CITY OF MIAMI BEACH CITY COMMISSION The appeal of the Design Review Board's approval of the application by The Lofts at South Beach, Inc. for the construction of a seven (7) level mixed use building, inclusive of eight (8) residential units, office/studio units and retail space at 1403 Dade Boulevard. 1403 Dade Boulevard, Miami Beach, Florida 9820 ORDER This matter was heard by the Miami Beach City Commission on Wednesday, May 20, 1998, as an appeal brought by the West Bay Plaza Condominium Association, and Mr. Paul Phirmey and Ms. Margaret Pietsy, of an order of the City of Miami Beach Design Review Board dated February 25, 1998 approving the above-referenced application. The City Commission having duly considered the matter based upon the record, which includes staff reports and recommendations, together with argument of counsel, all of which are incorporated herein by reference, hereby denies the appeal. IT IS THEREFORE ORDERED by the City Commission that the decision of the Design Review Board dated February 25, 1998 remains in full force and effect. The action of the Commission to deny the appeal was based upon a motion to reverse and remand which required 5 affirmative votes, but failed due to a vote of 3 to 3, with 1 abstention. DONE AND ORDERED this 6th day of ATTEST: CITY CLERK July , 1998. MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Attorney Date