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
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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
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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.
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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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