2003-25145 ResoRESOLUTION NO. 2003-25145
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 THE LOFTS AT SOUTH BEACH, INC.,
PERTAINING TO DRB FILE NO. 16907.
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, on February 18, 2003 denied a request
by The Lofts at South Beach, Inc. for approval of existing exterior surface colors; and
WHEREAS, The Lofts at South Beach, Inc. has 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 set a time certain of 2: o0 p.m. on April 9, 2003 to consider the review
of a Design Review Board decision in DRB File No. 16907, as requested by The Lofts at
South Beach, Inc.
ATTEST:
CITY CLERK
PASSED and ADOPTED this 19th day of April, 2003.
OR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
41/1 .1/ -
'0IT~'~,~r~I-~RNI=Y ~' DATE
T:~AGENDA~2003\mar1903\regular\16907 reso.doc
REC'.~iVED
O3F£B 27 lthlll= 38
CITY ~-;L~'RK'S OFFICE
The City Clerk
Miami Beach City Council
Miami Beach, Florida 33139
Bart Seidler
The Lofts at South Beach, Inc.
1940 Fillmore Street
San Francisco CA 94115
(415) 346-2323
February 27, 2003
Delivered
Dear Sir:
Per section 118-262 we hereby appeal the Design Review Board Decision of
February 18, 2003 DRB File #16907 for The Lofts at South Beach, Inc. Paint
Colors.
Per Tom Mooney, enclosed is the required fee of $125.00.
Sincerely yours,
Bart Seidler
The Lofts at South Beach, Inc.
LOFTS AY SOUTH BEACH, INC.
1940 FILLMORE ST., STE. 214
SAN FRANCISCO, CA 94115-2745
Date
1245
2 / 24 / 03 s~-~,~ a
828
Pay to the
Orderer City of Miami Beach I $ 125.00
.......... ~D~llars ~1~-n.-~"----
:h, Inc.
.5
Febmzry 27, 2003
Delivered
Dear Sir:
Per section 118-262 we hereby appeal the Design Review Board Decision of
February 18, 2003 DRB File #16907 for The Lofts at South Beach, Inc. Paint
Colors.
Per Tom Mooney, enClosed is the required fee of $125.00.
Sincerely yours,
Bart Seidler
The Lofts at South Beach, Inc.
Miscellaneous Cash Receipt
CITY OF MIAMI BEACH
No. 259057
[] Cash r'lCredit Card ~heck #
'
(THIS INFORMATION MUST BE COMPLETED)
~ccou.t .ur.~,.r: 0//. ~_~'~..~ y'/, ~
CiTY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to
Ireview a Design Review Board decision requested by The Lofts at South Beach, Inc.
pertaining to DRB file No. 16907.
Issue:
The Administration is requesting that the Mayor and City Commission schedule a Public
Hearing for April 9, 2003, to review a decision of the Design Review Board wherein it
denied an appeal of The Lofts at South Beach, Inc. for exterior paint colors.
Item Summary/Recommendation:
IAdopt the Resolution scheduling a Public Hearing on April 9, 2003.
Advisory Board Recommendation:
The subject project was reviewed and denied by the Design Review Board on February 18, 2003.
Financial Info.-~aiion:
Source of Amount Account Approved
Funds: 1
: 2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
IR. Parcher
Sign-Offs:
I Department Director I Assistant City Manager
T:~AGENDA~2003\mar1903\regular~16907 commission memo.doc
City Manager
AGENDA ITEM C 7-~
DATE -~ "//~' ~_~..
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cLmiami-beach.fl.us
To:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: March 19, 2003
From:
Subject:
Jorge M. Gonzalez
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SE'r'rING A PUBLIC HEARING, PURSUANT
TO MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN
REVIEW BOARD DECISION REQUESTED BY THE LOFTS AT SOUTH
BEACH, INC. PERTAINING TO DRB FILE NO. 16907.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On February 18, 2003 the Design Review Board (DRB) denied a request by The Lofts at
South Beach (DRB File No. 16907) for approval of existing exterior paint colors.
On February 27, 2003, the applicant, Mr. Bart Seidler, President of The Lofts at South
Beach, Inc., filed a request to have the Design Review Board decision reviewed bythe City
Commission, pursuant to Section 118-262 of the Miami Beach Code (see attached letter).
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. In this particular
instance, Mr. Seidier is seeking a review of the Final Order for the project described herein.
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.
Commission Memorandum
Page 2 of 2
CONCLUSION
The Administration recommends that the City Commission set a public hearing on April 9,
2003 with a time certain of to review a decision of the Design Review Board
pertaining to DRB file No. 16907.
JMG/REPfllh
T:~AGENDA~2003~rnar1903~regular\16907 memo.doc