2004-25569 Reso
, '
RESOLUTION NO. 2004-25569
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION
118-262, TO REVIEW A DESIGN REVIEW BOARD DECISION
REQUESTED BY SEVERAL UNIT OWNERS OF THE
MARLBOROUGH HOUSE CONDOMINIUM PERTAINING TO
DRB FILE NO. 17373.
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board when requested by an applicant or any affected
person has been established under Section 118-262 of the Miami Beach City Code; and
WHEREAS, the Design Review Board (ORB), On April 20, 2004, denied a
request by several unit owners of the Marlborough House Condominium (ORB File No,
17373) for a rehearing and confirmed its approval of the application of the Marlborough
House Condominium Association to replace concrete balcony railings with balconies with
glass and aluminum frames on a portion of the building; and
WHEREAS, the several unit owners of the Marlborough House Condominium
have appealed such decision to the City Commission by timely filing a request for such
review.
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 hereby schedule a Public Hearing on July 7, 2004 to consider the review of a
Design Review Board decision in ORB File No, 17373 as requested by several unit owners
of the Marlborough House Condominium,
PASSED and ADOPTED this 26th day of Ma ,2 04.
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I
~p~~
I CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIO~N
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4ChY ATTORI(4'E DATE
T\AGENDA\2004\May2604\Consent\Marlborough House reso.doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to review a
Design Review Board decision requested by several unit owners of the Marlborough House
Condominium (ORB File No. 17373)
Issue:
Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the
Mayorand City Commission schedule a Public Hearing on July 7,2004 to review a decision ofthe
Design Review Board pertaining to a request by several unit owners of the Marlborough House
Condominium pertaining to ORB File No. 17373.
Item Summary/Recommendation:
Adopt the Resolution scheduling a Public Hearing onJuly 7,2004.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I R. Parcher
Si n-Offs:
Department Director
Assistant City Manager
City Manager
<<-1t f ~ Cv---
T:\AGENDA\2004\May2604\Consent\Marlborough House Summary.do
AGENDA ITEM (27~
DATE 5"--JC,-oC(
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. ~.~
City Manager 0 ""'- /J
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT
TO MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN
REVIEW BOARD DECISION REQUESTED BY SEVERAL UNIT OWNERS
OF THE MARLBOROUGH HOUSE CONDOMINIUM PERTAINING TO ORB
FILE NO. 17373.
Date: May 26, 2004
To:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On April 20, 2004, the Design Review Board (ORB) denied a request by several unit
owners of the Marlborough House Condominium (ORB File No. 17373) for a rehearing and
confirmed its approval of the application of the Marlborough House Condominium
Association to replace concrete balcony railings with balconies with glass and aluminum
frames on a portion of the building,
On May 3, 2004, the applicant, Mercedes Rodriguez, unit owner, represented by Mr. W.
Tucker Gibbs, Attorney at Law, filed a request to have the Design Review Board decision
reviewed by the City Commission, pursuant to Section 118-262 of the Miami Beach Code
(letter attached).
The Design Review Section of the Miami Beach Code allows "the applicant' to seek
"review" of any Design Review Board Order by the City Commission.
Pursuant to Section 118-262 of the Miami Beach Code, the review by the City Commission
is not a "de novo" hearing. It must be based upon the record of the hearing before the
Design Review Board, Furthermore, Section 118-262 (b) 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:
1) provide procedural due process
2) observe essential requirements of law, or
Commission Memorandum
Page 2 0(2
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the ORB, a 517th vote of the City Commission is
required.
CONCLUSION
The Administration recommends, based on the 15-day notice requirement, that the City
Commission set a public hearing on July 7,2004 to review a decision ofthe Design Review
Board pertaining to ORB file No. 17373.
JMG/REP
T:\AGENDA\2004\May2604\Consent\Marlborough House Memo.doc
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CITY OF
MIAMI BEACH
~.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY CLERK
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 873-7411
May 27, 2004
w. Tucker Gibbs Esq.
215 Grand Avenue
P.O. Box 1050
Coconut Grove, Fla, 33133
Re: Request for Appeal of Design Review Board decision on the Marlborough House
Condominium; DRB File No. 17373,
Dear Mr. Gibbs:
Pursuant to Section 118-262 of the City Of Miami Beach Code, a full verbatim transcript
of all proceedings which are the subject of the appeal shall be provided by the party filing
the petition; the verbatim transcript shall be filed no later than two weeks prior to the first
scheduled public hearing to consider the appeal. Please be advised that the verbatim
transcript needs to be in the City Clerk's Office by no later than June 23, 2004. The
public hearing is scheduled for July 7, 2004.
Sincerely,
. 0
Lft~ J ltAl ~
Robert Parcher
City Clerk
City of Miami Beach, Florida
W. TUCKER GIBBS
ATTOR.."JEY AT LAW
215 GRAND AVENUE
P.O. Box 1 050
COCONUT GROVE. FLORIDA 33133
TELEPHONE (305) 448-8486
FACSIMILE (JOS) 448.0773
April 25, 2004
VIA HAND DELIVERY
Bob Parcher, City Clerk
City of Miami Beach
1700 Convention Center Drive
Miami Beach Florida 33139
Re: Request for Appeal of Design Review Board Decision on
Marlborough House Condominium; DRB File No. 17373
Dear Mr. Parcher:
I represent Mercedes Rodriguez of Unit No. 401 and
others who own units in the Marlborough House Condominium at
5775 Collins Avenue. After a request for rehearing by my
client, the Design Review Board denied the request and
confirmed its approval of the application of the Marlborough
House Condominium Association for to replace concrete balcony
railings with balconies with glass and aluminum frames on a
portion of the building.
~v Let this letter serve as a an appeal pursuant to Section
~ 118-537(b) of the Zoning Code of the City of Miami Beach of
~~ the confirmation of the Corrected Order of the Design Review
Board filed with the Clerk of The Board on April 20, 2004.
The basis for this petition for rehearing is as follows:
1. Condition I.e. of the Order states that "balcony
enclosures may only be maintained, installed, or
reinstalled if permitted by the Condominium
Association (if required by Florida law) and City
Code requirements, and may require Design Review
Board approval."
2. Ms. Rodriguez (and other unit owners) erected a
balcony enclosure (or enclosures) pursuant to valid
City of Miami Beach building permits and have
maintained the enclosures for over four years.
3. The Condominium Association has not d~agu~~~ Ms.
Rodriguez' (or other unit o~)~O)S.}li3<!tHti.'t-i::l')erect and
maintain the balcony enclosu~(:1l !~~nS~.n'l~~tfifceeding.
a3^1383~
...
April 25, 2004
Bob Parcher, City Clerk
Page 2
4. The balcony enclosure in Unit 401 and other balcony
enclosures are not subject to the authority of the
Condominium Association.
5. Condition 1.c. of the Design Review Board Order gives
the Condominium Association authority to apply for
and receive a building permit or permits to demolish,
remove or alter the legally existing and privately
owned balcony enclosures in order to implement the
replacement of the concrete balcony railings as
proposed by the Association.
6. The balcony of Unit 401, upon which the concrete
railings sit and which is an integral part of a
balcony enclosure owned by the owner of that unit.
Other unit owners with balcony enclosures are in the
same situation.
7. The Design Review Board, through its Order has
created a "right" in the Condominium Association that
it does not have, to demolish, remove or alter
legally existing balcony enclosures.
8. The Order further gives the Association authority to
demolish, remove or alter balcony enclosures that it
otherwise would have to litigate in court to
accomplish.
The Design Review Board did not consider the
implications of state law provisions that limit the
Association's ability to challenge any construction of
balcony enclosures after a four-year statute of limitations
has expired.
The Board overlooked or failed to consider that its
Order did much more than approve a glass-and-aluminum railing
system, it gave authority to the Association to ignore the
law and receive a building permit or permits to compel the
demolition, removal or alteration of balcony enclosures that
were built with valid City of Miami Beach building permit(s)
and that are insulated from the Association's demolition,
removal or alteration by the passing of the statute of
limitations.
For those reasons, Mercedes Rodriguez of Unit No. 401
and others who own units in the Marlborough House Condominium
at 5775 Collins Avenue, appeal of the confirmed Corrected
Order in the matter of Design Review Board File No. 17373.
April 25, 2004
Bob Parcher, City Clerk
Page 3
Furthermore, petitioner reserves her right to supplement
this appeal letter with briefs or memoranda prior to Design
Review Board consideration of this petition for rehearing.
Sincerely,
W.k<~
w. Tucker Gibbs
cc: Jorge Gomez, Planning Director
Gary Held, First Assistant City Attorney
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Pre parer:
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Dept: C~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
MIAMI BEACH
CITY OF
OFFICE OF THE CITY CLERK
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 873-7411
May 27,.2004
w. Tucker Gibbs Esq,
215 Grand Avenue
P.O. Box 1050
Coconut Grove, Fla. 33133
Re: Request for Appeal of Design Review Board decision on the Marlborough House
Condominium; DRB File No. 17373,
Dear Mr. Gibbs:
Pursuant to Section 118-262 of the City Of Miami Beach Code, a full verbatim transcript
of all proceedings which are the subject of the appeal shall be provided by the party filing
the petition; the verbatim transcript shall be filed no later than two weeks prior to the first
scheduled public hearing to consider the appeal. Please be advised that the verbatim
transcript needs to be in the City Clerk's Office by no later than June 23, 2004. The
public hearing is schedl!led for July 7, 2004.
Sincerely,
" '0
Ln~ ij ll/l{ k
Robert Parcher
City Clerk
City of Miami Beach, Florida
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