Resolution 2020-31426 RESOLUTION NO. 2020-31426
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
APPEAL BY SUNSET ISLANDS 3 AND 4 PROPERTY OWNERS,
INC.,AND TERRY BIENSTOCK, OF A DESIGN REVIEW BOARD
APPROVAL FOR IMPROVEMENTS TO PROPERTY LOCATED
AT 1201 20TH STREET (THE PALAU AT SUNSET HARBOR),
INCLUDING EXTERIOR DESIGN MODIFICATIONS TO AN
EXISTING PRIVATE OUTDOOR ROOFTOP TERRACE
(PENTHOUSE 04 OR UNIT 404) (DESIGN REVIEW BOARD FILE
NOS. DRB 19-0392 AND 22889); AND AFFIRMING THE
DECISION OF THE DESIGN REVIEW BOARD.
WHEREAS, on July 2, 2019, the Design Review Board (the "Board") heard an application
filed by Aaron J. Nahmad and Erica L. Nahmad, the owners of real property at 1201 20th Street,
Penthouse 04, and Palau Sunset Harbor Condominium Association, Inc. (the "Applicants"),
seeking approval for improvements to property located at 1201 20th Street (the Palau at Sunset
Harbor), including exterior design modifications to an existing private outdoor rooftop terrace
(Penthouse 04/ Unit 404) (altogether, the "Application"); and
WHEREAS, following the hearing, the Board voted to approve both components of the
Application, which are distinct but interrelated:
(i) exterior design modifications to an existing private outdoor rooftop terrace for
Penthouse 04, including new decking, new shade structures, a new stairwell
bulkhead, new outdoor cooking areas, landscaping and installation of additional
outdoor features; and
(ii) modifications to the conditions of the 2012 DRB Order (File No. 22889) for Palau
at Sunset Harbor, in order to accommodate the exterior improvements to the
rooftop penthouse deck and to permit outdoor cooking, and to allow other
penthouse owners and the Association to perform similar rooftop improvements,
subject to staff review and approval, and permit outdoor cooking; and
WHEREAS, the Board's July 2, 2019 approval was memorialized in two separate orders:
a Supplemental Order, specific to the rooftop improvements for Penthouse 04, and a Modified
Order, amending the conditions of the 2012 DRB Order for the Palau at Sunset Harbor
development; and
WHEREAS, on December 3, 2019, and pursuant to City Code Section 118-9(c)(2)(B),
Sunset Islands 3 and 4 Property Owners, Inc., and Terry Bienstock, filed an appeal of the Board's
approval to the City Commission; and
WHEREAS, on September 16, 2019, the City Commission heard oral argument for the
subject appeal; and
WHEREAS, following oral argument, the Mayor and City Commission affirmed the
decision of the Board and determined, pursuant to City Code Section 118-9(c)(4), that the Board
provided procedural due process and observed the essential requirements of law, and that the
Board's decision was based upon substantial competent 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 filed
by Sunset Islands 3 and 4 Property Owners, Inc., and Terry Bienstock, of a Design Review Board
approval for improvements to property located at 1201 20th Street(the Palau at Sunset Harbor),
including exterior design modifications to an existing private outdoor rooftop terrace (Penthouse
04 or Unit 404) (Design Review Board File Nos. DRB 19-0392 and 22889), the Mayor and City
Commission hereby affirm the decision of the Design Review Board.
PASSED and ADOPTED this 16th day of September, 2020.
,4 :2y,-11-----___
ATTEST:
Dan Gelber, Mayor
1 4, Q 2q..sti
Rafa-l Granado, City lek
SSP ,:a, -.C.-.A APPROVED AS TO FORM AND
-' 'J '� LANGUAGE AND FOR EXECUTION
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City Attorney LW._ Date
Granado, Rafael
From: Granado, Rafael
Sent: Thursday, October 1, 2020 2:48 PM
To: tucker@wtgibbs.com; Graham Penn
Cc: Kallergis, Nick; Perez, Sandra; Granado, Rafael; Saca, Paul
Subject: Order on DRB appeal for Palau (Resolution No.2020-31426)
Attachments: Resolution 2020-31426.pdf
li Good afternoon,
Attached please find Resolution 2020-31426:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE
APPEAL BY SUNSET ISLANDS 3 AND 4 PROPERTY OWNERS, INC.,AND TERRY BIENSTOCK,OF A DESIGN REVIEW BOARD
APPROVAL FOR IMPROVEMENTS TO PROPERTY LOCATED AT 1201 20TH STREET(THE PALAU AT SUNSET HARBOR),
INCLUDING EXTERIOR DESIGN MODIFICATIONS TO AN EXISTING PRIVATE OUTDOOR ROOFTOP TERRACE (PENTHOUSE 04
OR UNIT 404) (DESIGN REVIEW BOARD FILE NOS. DRB 19-0392 AND 22889);AND AFFIRMING THE DECISION OF THE
DESIGN REVIEW BOARD.
The Resolution was executed on October 1, 2020.
A copy was also sent via U.S. Mail to:
W.Tucker Gibbs
P.O. Box 1050
Coconut Grove, Florida 33133
tucker@wtgibbs.com
Graham Penn
Bercow Radell Fernandez Larkin &Tapanes
200 S. Biscayne Blvd.,Suite 850
Miami, FL 33131
gpenn@brzoninglaw.com
Regards,
MIAMI BEACH
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado(c�miamibeachfl.gov
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200 S BISCAYNE BLVD STE 850
MIAMI FL 33131
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City of Miami Beach USPS CERTIFIED MAIL
City Clerk
1700 Convention Center Dr
Miami Beach Fl 33139 II 111 1111 I 11010 I I 00 111111
9214 8901 9403 8300 0022 2089 71
W TUCKER GIBBS
PO Box 1050
COCONUT GROVE FL 33133
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Return Reference#:
Usemame:Carmen Hernandez
Code Violation#:
Court Case#:
Property Address::
Permit ID#:
Custom 5:
Postage:$5.7500