2017-30072 Resolution RESOLUTION NO. 2017-30072
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
APPEAL OF DESIGN REVIEW BOARD FILE NO. 2017-001;
LOWER TRIBUNAL FILE NO: DRB FILE NO. 16-0082; FOR
THE RESIDENTIAL ADDRESS OF 2120 LUCERNE AVENUE,
DENYING THE APPEAL OF FRANCESCO SENIS, INGA ROZA
SENIS, ANNE BURDICK BERMAN AND JEFFERY BRANDON.
WHEREAS, Francesco Senis, Inga Roza Senis, Anne Burdick Berman and Jeffery
Brandon (collectively "Petitioners") filed an appeal of a Design Review Board order ("DRB") to
the Miami Beach City Commission, pursuant to 118-9(c)(2)(B), of the City's Land Development
Regulations (LDRs); and
WHEREAS, the DRB Application was filed by Mr. and Mrs. Dwyer (herein after"Property
Owners"), for their single family home; and
WHEREAS, the City Commission reviewed the appeal based upon three criteria: (1)
whether procedural due process was afforded by the DRB, (2) whether the essential
requirements of the law were adhered to, and (3) whether the decision of the DRB to grant
design review approval to the property located at 2120 Lucerne Avenue, is supported by
competent substantial evidence; and
WHEREAS, on appeal, the Petitioners raise no issues relating to due process, and have
conceded that due process was provided by the DRB; and
WHEREAS, the DRB correctly applied the design review criteria found at 118-251(a)(1)-
(18) and 142-105 of the LDRs, and thereby applied the correct law; and
WHEREAS, the DRB based its decision on competent substantial evidence in the
record.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: relating to the appeal of Design
Review Board file no. 2017-001; lower tribunal file no: DRB file no. 16-0082; for the residential
address of 2120 Lucerne Avenue: that the Mayor and City Commission hereby deny the appeal
of Francesco Senis, Inga Roza Senis, Anne Burdick Berman and Jeffery Brandon.
PASSED and ADOPTED this /' day of October, 2017.
ATTEST:
Philp Vayor
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Rafael Granado, City Clerk ` t, APPROVED AS TO
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