97-22446 RESO
RESOLUTION NO. 97-22446
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A
PUBLIC HEARING TO CONSIDER A REQUEST BY THE
CITY MANAGER TO REVIEW AN ORDER OF THE DESIGN
REVIEW BOARD ("DRB") RENDERED JUNE 16, 1997
REGARDING DRB FILE NO. 8938 WHICH APPROVED THE
CONSTRUCTION OF A 30 UNIT, NINE (9) STORY
CONDOMINIUM BUILDING WITH GROUND LEVEL
RETAIL SPACE AT 1403 DADE BOULEVARD, MIAMI
BEACH, FLORIDA.
WHEREAS, the City Manager has requested review of an order of the Design Reyie' v
Board ("DRB") rendered June 16, 1997 regarding DRB File No. 8938 which approved t1 e
construction of a 30 unit, nine (9) story condominium building with ground level retail space at I 4C 3
Dade Boulevard, Miami Beach, Florida; and
WHEREAS, the appeal shall be based on the record of the hearing before the Design Re' rie 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 reque:t
for review of a Design Review Board order shall be duly noticed and placed on the City Commissic 11
agenda for a public hearing; and
WHEREAS, pursuant to Zoning Ordinance Subsection 18-2.K, the City Commission flU: t
now consider the request at a public hearing.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CIT'{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to re,ie' v
an order of the Design Review Board ("DRB") rendered June 16, 1997 regarding DRB File No. 893 ~
which approved the construction of a 30 unit, nine (9) story condominium building with ground l,~v( 1
retail space at 1403 Dade Boulevard, Miami Beach, Florida, is hereby called to be held before th ~
Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convenl:io 1
Center Drive, Miami Beach, Florida, on July 16, 1997 beginning at 3: 15 P.M., at which time an i
place interested parties will be heard, and the City Clerk is hereby authorized and directed to pue lis 1
appropriate public notice of the said public hearing and to provide mail notification to the owner ;;
of record of land lying within 375 feet of the property, and the Planning, Design & Hislor c
Preservation Division is hereby authorized and directed to post the property with appropriate noti( e
thereof.
PASSED and ADOPTED this 2nd
July
,1997.
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City Attorney
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CITY OF MIAMI BEA.CH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM NO. $2'" CJ I
TO:
Mayor Seymour Gelber and DATE: July 2, 19~ "7
Members of the City Commission
Jose Garcia-Pedrosa Jl
City Manager
Request for the C' Commission to Set a Public Hearing to Review a Dedg~n
Review Board Decision Approving the Construction of a 30 unit, Nine (9) StOl Y
Condominium Building with Ground Level Retail Space at 1403 Uace
Boulevard, Miami Beach.
FROM:
SUBJECT:
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on July 16, 1957
with a time certain to review a decision of the Design Review Board (DRB) wherein it approved t1 e
construction of a 30 unit, nine (9) story condominium building with ground level retail space ;It
1403 Dade Boulevard, Miami Beach (DRB File No. 8938).
BACKGROUND
On June 3, 1997, the Design Review Board (DRB) approved a request by the Lofts at South BelcL,
Inc., to construct a 30 unit, nine (9) story condominium building (71' -I" to the top of the roof ar ,j
77' -6" to the highest architectural projection), with ground level retail space (the staff report to tl e
DRB for this project and the Final Order issued by the DRB are attached, hereto, for informati')niJ
purposes).
On June 24, 1997, a request was received by the City Manager to have the Order of the De;ign
Review Board for this application reviewed by the City Commission, pursuant to Section 18-2.K (f
Zoning Ordinance 89-2665 (see attached letter).
ANALYSIS
The Design Review Section of the Zoning Ordinance allows the City Manager to seek "review" ( f
any Design Review Board Order by the City Commission. Pursuant to Subsection 18-2.K, tl e
review by the City Commission is not a de novo hearing; rather it must be based upon the recOId pf
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 tl e
Design Review Board, the City Commission shall find that the Design Review Board die. n'lt
Agenda Iten _ C. 'l r::...
Da te _._. _.~ 1-7...__ <J.l
do one of the following:
a. provide procedural que 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 ~ 'ul r
16, 1997 to review this decision of the Design Review Board (DRB), wherein it approved th.~
construction of a 30 unit, nine (9) story condominium building with ground level retail space at
1403 Dade Boulevard, Miami Beach (DRB File No. 8938).
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