97-22445 RESO
RESOLUTION NO.
97-22445
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING TO
CONSIDER A REQUEST BY BARRY FRITZ AND BEATRICE CHA VES-
VELANDO 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 BI)aJ:i
("DRB") rendered May 31, 1997 regarding DRB File No. 8643 which approved the renovation an:i
rehabilitation of an existing one-story building for use as a restaurant at 1355 Aiton Road, Mi an j
Beach, Florida; and
WHEREAS, the appeal shall be based on the record of the hearing before the Design Reyie' v
Board, shall not be a de novo hearing, and no new additional testimony will be taken; and
WHEREAS, pursuant to Subsection 18-2.K of Zoning Ordinance No. 89-2665, a req LIe: t
for review of a Design Review Board order shall be duly noticed and placed on the City Commis;io 1
agenda for a public hearing; and
WHEREAS, pursuant to Zoning Ordinance Subsection 18-2.K, the City Commission mw t
now consider the request at a public hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITv
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to rev ie, {
an order of the Design Review Board ("DRB") rendered May 31, 1997 regarding DRB File No. 864 \
which approved the renovation and rehabilitation of an existing one-story building for use as 1
restaurant at 1355 Aiton Road, Miami Beach, Florida, is hereby called to be held before the M2Yo:
and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Ce:lte.'
Drive, Miami Beach, Florida, on July 16,1997 beginning at 3:00 P.M., at which time and p]ac~
interested parties will be heard, and the City Clerk is hereby authorized and directed to pubilish
appropriate public notice of the said public hearing and to provide mail notification to the ownel ~
of record of land lying within 375 feet of the property, and the Planning, Design & Hist~)ri ~
Preservation Division is hereby authorized and directed to post the property with appropriate ne tic ~
thereof.
PASSED and ADOPTED this 2nd day of
July
,1997.
R o~cr rCM-~
CITY CLERK
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APPROVED AS TO
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~ITY OF MIAMI BEACH
;rTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~ -q 1
TO:
Mayor Seymour Gelber and DATE: July 2,199'
Members of the Cl'ty m ssion
Jose Garcia-Pedros
City Manager
Request by Mi.~effrey Bass, Esq., on behalf of Mr. Barry Fritz and Beatlicl
Chaves-Velan~,ufor the City Commission to Set a Public Hearing to Revie1v =
Design Review Board Decision Approving the Renovation and RehabilitatliOl
of an Existing One-story Building for Use as a Restaurant, at 1355 Alton Road
Miami Beach.
FROM:
SUBJECT:
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on July 16, 199~
with a time certain to review a decision of the Design Review Board (DRB) wherein it approved tht
renovation and rehabilitation of an existing one-story building for use as a restaurant, at 1355 Altor
Road, Miami Beach (DRB File No. 8634). This hearing should be held concurrently with the otheJ
review requested by Mr. Michael Radell, Esq., on behalf of Mr. David Ospino, which was initidl)
set by the City Commission to be heard today, (Item R8-C), but being recommended by tht
Administration to be opened and continued to the same time on July 16, 1997.
BACKGROUND
On March 5, 1997, Design Review staff approved an application for the renovation and convers!!or
an existing single-family house and detached garage structure on site to a restaurant use. T hi~
approval, which was reviewed at the administrative level, included the creation of an inteliol
courtyard between the house and the garage building to be used as outdoor dining, a small addit,or
to the existing garage for use as storage and preparation area, and a new landscape plan for the en:irt
property .
On March 25, 1997, an affected party, Mr. Barry Fritz, who is a property owner in the immediat<
area, filed an appeal of this administrative action to the full Design Review Board (DRB). On N[a)
6, 1997, the DRB reversed the staff level design review approval; however, it granted Des'lgr
Review approval for a modified project on the subject property, along with prescribed condition~
to address design and operational concerns raised at the hearing (the staff report to the DRB for thi1
project and the Final Order issued by the DRB are attached, hereto, for informational purposes).
On May 27, 1997, Mr. Michael Radell of the La:v Firm of Bercow & Radell, on behalf of Mr. Davie
Ospino, the owner and proprietor of the proposed re~taurant and the project applicant, filed a reqces'
to have the Order of the Design "Review Board for this application reviewed by the ( it)
Commission, pursuant to Section l8-2.K of Zo~ng Ordi:J.ance 89-2665.
Agenda Item_-.:: 'l D
"1.2-'11
Date
On June 17, 1997, Mr. Jeffrey Bass of the Law Finn of Shubin & Bass, on behalf of Mr. Barry Fritz
the owner of residential real property and an "affected person", and Beatrice Chaves-Velando, thl
operator of A to Z for Kids located at 1343 Alton Road, filed a request to have the Order of thl
Design Review Board for this application reviewed by the City Commission, pursuant to SectiOI
18-2.K of Zoning Ordinance 89-2665 (see attached letter).
On June 18, 1997, The City Commission, set a time certain on July 2, 1997, to review the reques
of Mr. Michael Radell of the Law Firm of Bercow & Radell, on behalf of Mr. David Ospino, th~
owner and proprietor of the proposed restaurant and the project applicant, to have the Order of the
Design Review Board for this application reviewed by the City Commission.
ANALYSIS
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. BaT)!
Fritz and Ms. Beatrice Chaves-Velando are seeking a review of the Final Order for the pro}~c1
described herein, as affected persons.
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 18-2.1 states the following:
In order to reverse, or remand for amendment, modification or rehearing any decision of 1 he
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 oflaw, or
c. base its decision upon substantially, competent evidence.
In order to reverse or remand, a 5/7th vote of the City Commission is required.
CONCLUSION
The Administration recommends that the City Commission set a time certain public hearing on July
16, 1997 to review this decision of the Design Review Board (DRB), wherein it approved be
renovation and rehabilitation of an existing one-story building for use as a restaurant, at 1355 Alton
Road, Miami Beach. Further, that said hearing be held at the same time as the other review
requested by Mr. Michael Radell, Esq., on behalf of Mr. David Ospino, the prospective tenant of be
prope~ in question.
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