Resolution 2019-30718 RESOLUTION NO. 2019-30718
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
APPEAL BY CONTINUUM ON SOUTH BEACH, THE SOUTH
TOWER CONDOMINIUM ASSOCIATION, INC., OF A DESIGN
REVIEW BOARD ORDER. DENYING A DESIGN REVIEW
APPLICATION FOR THE PROPERTY LOCATED AT 100
SOUTH POINTE DRIVE (DESIGN REVIEW BOARD FILE NO.
18-0026; CITY COMMISSION APPEAL FILE NO. 18-001); AND
REVERSING THE DECISION OF THE DESIGN REVIEW
BOARD, APPROVING THE SUBJECT APPLICATION, AND
DIRECTING THE PLANNING DEPARTMENT TO ENTER AN
ORDER APPROVING THE SUBJECT APPLICATION.
WHEREAS, on June 5, 2018, the Design Review Board (the "Board") heard an
application filed by Continuum on South Beach, the South Tower Condominium Association,
Inc. ("Continuum South"), seeking "approval for exterior design modifications to façades of an
existing 41-story building to remove existing metal panels along the glass balcony railings on all
elevations of the building and retain all clear glass railings"; and
WHEREAS, following the hearing, the Board voted to deny Continuum South's
application; and
WHEREAS, on July 5, 2018, and pursuant to City Code Section 118-9(c)(2)(B),
Continuum South filed an appeal of the Board's denial to the City Commission; and
WHEREAS, on February 13, 2019, the City Commission heard oral argument for the
subject appeal; and
WHEREAS, following the oral argument, the Mayor and City Commission voted
unanimously to reverse the decision of the Board and approve the subject application, finding
that (i) the Board failed to observe the essential requirements of law, and (ii) the Board's
decision was not supported by competent substantial evidence.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, with regard to the appeal by
Continuum on South Beach, the South Tower Condominium Association, Inc., the Mayor and
City Commission hereby reverse the June 5, 2018 decision of the Design Review Board,
approve the subject application, and direct the Planning Department to enter an order approving
the subject application.
PASSED and ADOPTED this 13th day of February, 2019.
ATTEST:
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Zf N , •• w.4 Gelber, Mayor
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Rafael Grana o, City Clerk �, ':.���,
,' APPROVED AS TO
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