97-22427 RESO
RESOLUTION NO.
97-22427
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING TO
CONSIDER A REQUEST BY DAVID OSPINO TO REVIEW AN ORDER OF
THE DESIGN REVIEW BOARD ("DRB") RENDERED MAY 31, 1997
REGARDING DRB FILE NO. 8643 WHICH APPROVED THE
RENOVATION AND REHABILITATION OF AN EXISTING ONE-STORY
BUILDING FOR USE AS A RESTAURANT AT 1355 ALTON ROAD, MIAMI
BEACH, FLORIDA, AND DIRECTING THE CITY CLERK AND THE
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION TO
PROVIDE APPROPRIATE NOTICE THEREOF.
WHEREAS, David Ospino has requested review of an order of the Design Review Board
("DRB ") rendered May 31, 1997 regarding DRB File No. 8643 which approved the renovation and
rehabilitation of an existing one-story building for use as a restaurant at 1355 Alton Road, Miami
Beach, Florida; and
WHEREAS, the appeal shall be based on the record of the hearing before the Design Review
Board, shall not be a de novo hearing, and no new additional testimony will be taken; and
WHEREAS, pursuant to Subsection l8-2.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 l8-2.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 May 31, 1997 regarding DRB File No. 8643
which approved the renovation and rehabilitation of an existing one-story building for use as a
restaurant at 1355 Alton Road, 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 July 2, 1997 beginning at 2: 30 p. ill. , at which time and place
interested parties will be heard, and the City Clerk is hereby authorized and directed to publish
appropriate public notice of the said public hearing and to provide mail 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 18th
ATTEST:
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CITY CLERK
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F\A TTOITURNIRESOS\OL VRHSE. HRG
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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2
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~ -97
FROM:
Mayor Seymour Gelber and DATE: June 18, 1997
Members of the City Commission
Jose Garcia_pedrosJ!{
City Manager
Request for the ity Commission to Set a Public Hearing to Review a Design
Review Board Decision Approving the Renovation and Rehabilitation of an
Existing One-story Building for Use as a Restaurant, at 1355 Alton Road, Miami
Beach.
TO:
SUBJECT:
RECOMMENDA TION
The Administration recommends that the City Commission set a public hearing on July 2, 1997 with
a time certain to review a decision of the Design Review Board (DRB) wherein it approved the
renovation and rehabilitation of an existing one-story building for use as a restaurant, at 1355 Alton
Road, Miami Beach (DRB File No. 8634).
BACKGROUND
On March 5, 1997, Design Review staff approved an application for the renovation and conversion
an existing single-family house and detached garage structure on site to a restaurant use. This
approval, which was reviewed at the administrative level, included the creation of an interior
courtyard between the house and the garage building to be used as outdoor dining, a small addition
to the existing garage for use as storage and preparation area, and a new landscape plan for the entire
property .
On March 25, 1997, an affected party, Mr. Barry Fritz, who is a property owner in the immediate
area, filed an appeal of this administrative action to the full Design Review Board (DRB). On May
6, 1997, the DRB reversed the staff level design review approval; however, it granted Design
Review approval for a modified project on the subject property, along with prescribed conditions
to address design and operational concerns raised at the hearing (the staff report to the DRB for this
project and the Final Order issued by the DRB are attached, hereto, for informational purposes).
On May 27, 1997, Mr. Michael Radell of the Law Firm of Bercow & Radell, on behalf of Mr. David
Ospino, the owner and proprietor of the proposed restaurant and the project applicant, filed a request
to have the Order of the Design Review Board for this application reviewed by the City
Commission, pursuant to Section l8-2.K of Zoning Ordinance 89-2665 (see attached letter).
Agenda Item~
128
Date
(.-' 8.'1 L
ANAL YSIS
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 Mr. David
Ospino is seeking a review of the Final Order for the project described herein, as an affected person.
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 its decision upon substantially, competent evidence.
In order to reverse or remand, a 517th vote of the City Commission is required.
CONCLUSION
The Administration recommends that the City Commission set a time certain public hearing on July
2, 1997 to review this decision of the Design Review Board (DRB), wherein it approved the
renovation and rehabilitation of an existing one-story building for use as a restaurant, at 1355 Alton
Road, Miami Beach.
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