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Resolution 94-21039 • RESOLUTION NO. 9-21039 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A DATE ' AND TIME TO HEAR AN APPEAL OF A DECISION OF THE DESIGN REVIEW BOARD DENYING DESIGN REVIEW APPROVAL FOR CONSTRUCTION OF A FOURTEEN (14) STORY OFFICE BUILDING AT 1001 FOURTH STREET. WHEREAS, an application was submitted to the. Planning, Design and Historic Preservation_ Services Division requesting Design ' Review Approval for construction of a fourteen (14) story office building at 1001 Fourth Street; and WHEREAS, On January 11, 1994, the City' s Design Review Board denied the applicant' s request for Design Review Approval as set forth in the Board' s Order which is attached hereto as Exhibit "1" ; and WHEREAS,. the applicant has appealed the Board' s decision to deny Design Review Approval ' to the aforestated project, which appeal is based upon the grounds set forth in the letter of January 21, 1994 which is attached hereto as ;Exhibit "2" ; and WHEREAS, pursuant to Subsection 18-2 of the .City' s Zoning . Ordinance, the Mayor and, City Commission must hear the appeal and , render a decision regarding this matter. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission will consider an appeal of a decision of the City' s Design Review Board denying Design Review Approval for construction of a fourteen (14) story office building at 1001 Fourth Street, in their chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on February 16, 1994 beginning at 3:30 p .m. PASSED and ADOPTED this 2nd _ - of February , 1994 . ATTESTt • MAYOR CAA,c`d•-•54- EF 1411I I 111 CITY CLERK V SWS:scf:disk6\1001-4th.res FORM A P P V E D LE - T By Date Sw5- GREENBER6 T T II H \ F: 1 .4 % T I. 1 R IRaURIG Lucia A. Dougherty 305-579-0603 January 21, 1994 TELECOPY AND U.S. MAID Mr. Dean Grandin, Director Historic Preservation and Urban Design City of Miami Beach 1700 Convention Center Drive Miami, Florida 33139 Re: Appeal of Design Review File No. 45641001 1001 Fourth Street Dear Mr. Grandin: Pursuant to Section 18-2(I) of the Zoning Code of the City of Miami, this letter constitutes an appeal of the above-referenced deci$on of the Design Review Board of January 11, 1994. The Design Review Board denied the above-referenced application in contravention to a favorable recommendation by the Planning staff. See Exhibit "A" attached. Said decision was arbitrary, capricious, and an abuse of the discretionary powers given to the Design Review Board. The Design Review Criteria listed in 18-2 of the Zoning Ordinance for the City of Miami Beach were not followed. Please advise when this will be placed on the City. Commission agenda to set a Public Hearing. The transcript of the Design Review Board is being processed and will be forwarded to you shortly. Sincerely, Lucia A. Dougherty LAD/jhd CC: John Dellagloria, Esq. EXHIBIT "2" GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN&QUENTEL.P.A. 1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305.579-0500 FAX 305.579.0717 _ MIAMI FORT L.Ml'DERDALE WEST PALM BEACH TALLAHASSEE { i CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMOF(ANDUM NO. -1 6_9 4 TO: Mayor Seymour Gelber and DATE: February 2., 1994 Members of the City Commission FROM: Roger M. Ca City Manag: �P SUBJECT: REQUEST FOR THE CITY COMMISSION TO SET A DATE AND TIME TO. CONSIDER AN APPEAL BY JOSE FERNANDEZ INVESTMENTS, INC. , OF A DESIGN REVIEW BOARD DECISION DENYING APPROVAL FOR THE CONSTRUCTION OF AN OFFICE BUILDING AT 1001 4TH STREET - IN THE SOUTH POINTE REDEVELOPMENT AREA. ADMINISTRATION RECOMMENDATION: The City Administration recommends that the City Commission set a date and time to consider an appeal by Jose Fernandez Investments, Inc. , of a Design Review Board decision denying approval for the construction of an office building at 1001 4th Street in the South Pointe Redevelopment Area. BACKGROUND: The Design Review Board, at the January 11, 1994 meeting, denied an application for the construction of a fourteen (14) story mixed-use office-retail facility at 1001 4th Street in the South Pointe Redevelopment Area. Staff had recommended that the project be approved for the reasons set forth in the attached staff report; however, the Board denied the project, for reasons enumerated in the Final Order issued for said property (see attached) . ANALYSIS: The applicant, Jose Fernandez Investments, Inc. , seeks to appeal the decision of the Design Review Board for reasons indicated in the attached letter. Pursuant to Section 18 of the Zoning Ordinance appeals from the decisions of the City's Design Review Board are heard by the City Commission. CONCLUSION: The City Administration has concluded that the City Commission should. set a date and time to consider an appeal by Jose Fernandez Investments, Inc. , of a Design Review Board decision denying approval for the construction of an office building at 1001 4th Street in the South Pointe Redevelopment Area. RMC:DJG:TRM:jh Attachments /5 AGENDA ITEM 1� DATE 2 --2-cW