2010-27476 Resoi
RESOLUTION NO; 2010-27476
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,
FILED BY THE EUROAMERICAN GROUP, FOR THE PROPERTY
LOCATED AT 31 VENETIAN WAY (DRB FILE NO. 22347).
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 Euroamerican Group is the applicant for the proposed
development project at 31 Venetian Way (DRB File No. 22347); and .
WHEREAS, the Euroamerican Group -has requested a review of the Design
Review Board decision rendered.on July 7, 2010, pertaining to the development project at
31 Venetian Way (DRB File No. 22347).
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 authorize the setting of a public hearing on November 17, 2010 to
consider the review of a Design Review Board decision in DRB File No. 22347, pertaining
to the development project at 31 Venetian Way, as requested by the Euroamerican Group.
PASSED and ADOPTED this 15th day of September, 2010.
ATTEST:
CITY CLERK
Robert Parcher
M OR
Matti H. Bower
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECU ON
8 71 to
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T:\AGENDA\2010\September 15\Consent\DRB File No 22347- PH RESO.docx
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 (DRB File No. 22347) rendered on July 7, 2010, requested by the project
applicant the Euroamerican Group.
Ke Intended Outcome Su orted:
Not Applicable
Issue:
Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the Mayor and
City Commission schedule a Public Hearing on November 17, 2010 to review a decision of the Design
Review Board pertaining to DRB File No. 22347, requested by the applicant, the Euroamerican Group. The
Euroamerican Group is appealing the condition of the DRB to reduce the overall height of the southeast
portion of the project (east wing fronting the Venetian Causeway) by a minimum of one (1) floor.
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the Resolution scheduling a Public
Hearing on November 17, 2010.
-dvisory Board Recommendation:
The Design Review Board approved the subject development project on July 6, 2010, subject to the
conditions of the Final Order, including Condition 3.a: `The height of the southeast portion of the
project (east wing fronting the Venetian Causeway) shall be reduced by a minimum of one (1) floor,
subject to the review and approval of staff.
Financial Information:
Source of Amount Account - Approved
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary:
The proposed Resolution is not expected to have any fiscal impact.
Ci Clerk's Office Le islative Trackin
Richard Lorber or Thomas Mooney
V 5 (AM I B EAC H AGENDA ITEM C ~~
~ DATE g'IS ~f~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 15, 2010
SUBJECT: 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, FILED BY THE EUROAMERICAN GROUP, FOR THE
PROPERTY LOCATED AT 31 VENETIAN WAY (DRB FILE N0.22347).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Pursuant to City Code Section 118-262, the Euroamerican Group, as the project applicant, is
requesting a review of the Design Review Board decision rendered on July 7, 2010 (DRB
File No. 22347) pertaining to a development project at 31 Venetian Way.
The Design Review Section of the Miami Beach Code allows the applicant, or the city
manager on behalf of the city administration, or an affected person, Miami Design
Preservation League or Dade Heritage Trust to seek a review of any Design Review Board
Order by the City Commission. For purposes of this section, "affected person" shall mean
either (i) a person .owning property within 375 feet of the applicant's project reviewed by the
board, or (ii) a person that appeared before the Design Review Board (directly or
represented by counsel), and whose appearance is confirmed in the record of the Design
Review Board's public hearing(s) for such project.
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
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the DRB, a 5/7~' vote of the City Commission
is required.
September 15, 2010
Commission Memorandum
Appeal of DRB File No. 22347
Page 2 of 2
CONCLUSION
The Administration recommends setting a public hearing on November 17, 2010 to review a
decision of the. Design Review Board pertaining to DRB file No. 22347.
JMG/ - /RGL/TRM
T:WGENDA12010\September 15\ConsenilDRB File No. 22347 - MEM PH.docx