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96-22169 RESO RESOLUTION NO. 96-22169 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER A REQUEST BY THE CARRIAGE HOUSE CONDOMINIUM ASSOCIATION, INC., LEONEL MARESMA, AND MARINA MARESMA TO REVIEW AN ORDER OF THE DESIGN REVIEW BOARD ("DRB") RENDERED SEPTEMBER 21, 1996 REGARDING DRB FILE NO. 7780 WHICH APPROVED THE CONSTRUCTION OF ADDITIONS TO THE EAST AND WEST SIDES OF AN EXISTING APARTMENT BUILDING FOR A TOTAL HEIGHT OF FIFTEEN (15) STORIES (1391 - 6" TO THE TOP OF THE ROOF AND 1601 TC THE HIGHEST ARCHITECTURAL PROJECTION) IN ORDER TO ACCOMMODATE 68 ADDITIONAL UNITS FOR THE OLIVER HOUSE CONDOMINIUM LOCATED AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA, AND DIRECTING THE CITY CLERK AND THE PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION TO PROVIDE APPROPRIATE NOTICE THEREOF. WHEREAS, the Carriage House Condominium Association, Inc., Leonel Maresma, and Marina Maresma, have requested a review of an order of the Design Review Board ("DRB") rendered September 21, 1996 regarding DRB File No. 7780 which approved the construction of additions to the east and west sides of an existing apartment building for a total height of fifteen (15) stories (1391 - 6" to the top of the roof and 160' to the highest architectural projection) in order to accommodate 68 additional units for the Oliver House Condominium located at 5333 Collins Avenue, Miami Beach, Florida; and WHEREAS, pursuant to Subsection 18-2.K of Zoning Ordinance No. 89-2665, a request for review of a Design Review Board order shall be duly noticed and placed on the City Commission agenda for a public hearing; and WHEREAS, pursuant to Zoning Ordinance Subsection 18-2.K, the City Commission must now consider the request at a public hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to review an order of the Design Review Board ("DRB") rendered September 21, 1996 regarding DRB File No. 7780 which approved the construction of additions to the east and west sides of an existing apartment building for a total height of fifteen (15) stories (139' - 6" to the top of the roof and 160' to the highest architectural projection) in order to accommodate 68 additional units for the Oliver House Condominium located at 5333 Collins Avenue, Miami Beach, Florida, is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on November 20, 1996 beginning at 11:15 a.m., at which time and place all interested parties will be heard, and the City Clerk is hereby authorized and directed to publish appropriate public notice of the said public hearing in a newspaper of general paid circulation in the City of Miami Beach and to provide mail 2 notification to the owners of record of land lying within 375 feet of the property, and the Planning, Design & Historic Preservation Division is hereby authorized and directed to post the property with appropriate notice thereof. PASSED and ADOPTED this 23rd , 1996. ATTEST: Ro~~r~ CITY CLERK DJT\kw f: \atto\turn\resos\olvrhse. res rUHM f\Pf<,~ lEG~D,fP1. By 1dI ~ Date I oj <<. ;'6 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. eo 31-'1 '- TO: Mayor Seymour Gelber and Memben of the City Commission DATE: October 23, 1996 FROM: Jose Garcia_pedros/1 City Manager REQUES FOR THE CITY COMMISSION TO SET A PUBLIC HEARING TO REVIEW A DESIGN REVIEW BOARD DECISION APPROVING THE CONSTRUCTION OF ADDITIONS TO THE EAST AND WEST SIDES OF AN EXISTING APARTMENT BUILDING FOR A TOTAL HEIGHT OF FIFTEEN STORIES (139 I - 6 II TO THE TOP OF THE ROOF AND 160 I TO THE HIGHEST ARCHITECTURAL PROJECTION), IN ORDER TO ACCOMMODATE 68 ADDITIONAL UNITS FOR THE OLIVER HOUSE CONDOMINIUM. SUBJECT: RECOMMENDATION The Administration recommends that the City Commission set a date certain of November 20, 1996 for a public hearing to review a decision of the Design Review Board (DRB) wherein it approved the construction of additions to the east and west sides of an existing apartment building for a total height of fifteen (15) stories (1391-6" to the top of the roof and 160' to the highest architectural projection), in order to accommodate 68 additional units for the Oliver House condominium. BACKGROUND On September 3, 1996, 5333 Collins Avenue, L.P., Ltd., came before the Design Review Board (DRB) and received approval for the construction of additions to the east and west sides of an existing apartment building for a total height of fifteen (15) stories (139'-6" to the top of the roof and 160' to the highest AGENDA ITEM C-'l('M ID-7..3-~ DATE architectural projection), in order to accommodate 68 additional units for the Oliver House condominium. The staff report to the Design Review Board (DRB) for this project and the Final Order issued by the DRB are attached for informational purposes. On October 11, 1996, the Law Firms of Buchbinder & Elegant, P.A., and Shubin & Bass, P.A., on behalf of their clients, the Carriage House Condominium Association, Inc., and Leonel Maresma and Marina Maresma, filed a request to review the Order of the Design Review Board for this application by the City Commission, pursuant to Section 18-2.K of Zoning Ordinance 89-2665 (see attached letter). ANALYSIS The Design Review Section of the Zoning Ordinance allows an "affected person" to seek "review" of any Design Review Board Order by the City Commission. In this particular instance both the Carriage House Condominium Association, Inc., and Leonel Maresma and Marina Maresma are seeking a review of the Final Order for the project described herein, as affected persons. Pursuant to Subsection 18-2.K, the review by the City Commission is not a de novo hearing; rather it must be based upon the record of the hearing before the Design Review Board. Furthermore, Section 18-2.J states the following: In order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City Commission shall find that the Design Review Board did not do one of the following: a. provide procedural due process b. observe essential requirements of law, or c. base it's evidence. decision upon substantially, competent In order to reverse, or remand a 5/7th vote of the City Commission is required. 2 CONCLUSION The Administration recommends that the City Commission set a date certain of November 20, 1996 for a public hearing to review this decision of the Design Review Board (DRB) wherein it approved the construction of additions to the east and west sides of an existing apartment building for a total height of fifteen (15) stories (139'-6" to the top of the roof and 160' to the highest architectural projection), in order to accommodate 68 additional units for~Oliver House condominium. 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