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Resolution 94-21031 RESOLUTION NO. 94-21031 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A DATE AND TIME FOR HEARING AN APPEAL FROM A DECISION OF THE DESIGN REVIEW BOARD GRANTING DESIGN REVIEW APPROVAL FOR CONSTRUCTION OF A FOURTEEN (14) STORY CONDOMINIUM TOWER AT 828 THIRD STREET. WHEREAS, an application was submitted to the Planning, Design and Historic Preservation Services Division requesting Design Review Approval for construction of a fourteen (14) story condominium tower at 828 Third Street; and WHEREAS, on December 14, 1993, the City's Design Review Board granted the applicant's request for Design Review Approval of the project, imposing certain conditions for said approval as set forth in the Board's Order of December 14, 1993 which is attached hereto as Exhibit "1" ; and WHEREAS, pursuant to Subsection 18-2 of the City's Zoning Ordinance, an applicant or the City Manager of the City of Miami Beach may appeal to the City Commission a decision of the Design Review Board regarding the granting or denial of Design Review Approval; and WHEREAS, the City Manager has appealed the Board's decision to grant Design Review Approval to the aforestated project, which appeal is based upon the grounds set forth in the letter of January 3, 1994 which is attached hereto as Exhibit "2" ; and WHEREAS, pursuant to Subsection 18-2 of the City's Zoning Ordinance, the Mayor and City Commission must hear the appeal and render a decision regarding this matter. 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 will consider an appeal of a decision of the City's Design Review Board granting Design Review Approval for construction of a fourteen (14) story condominium tower at 828 Third Street, in their chambers on the Third Floor of City Hall, • 1700 Convention Center Drive, Miami Beach, Florida, on ' February 2 , 1994 beginning at 3:00 p .m. ti PASSED and ADOPTED this 19th day . 7 January , 1994 ATTEST: r MAYOR CITY CLERK SWS:scf:disk6\828apeal.res FORM APP VED LE PT. By Date (3r. 2 J • 11 DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: December 14, 1993 IN RE: The Application for Design Review Approval for the construction of a condominium tower in the South Pointe Redevelopment Area. PROPERTY: 828 Third Street FILE NO: 4055 ORDER The applicant, 225 Jefferson Corp. , filed an application with the City of Miami Beach' s Planning, Design & Historic Preservation Division for Design Review approval . FINDINGS OF FACT The City of Miami Beach' s Design Review Board makes the following findings : 1 . The project as submitted is not consistent with the Design Review Criteria Nos . 4, 6, 10, 11, 12 & 13 in Subsection 18-2 of Zoning Ordinance No. 89-2665 . 2 . The project would be consistent with the afore-stated criteria and requirements if the following conditions are met: 1 . a revised landscape plan, subject to the approval of staff, which incorporates the following: a. Plant material for the areas of the property which abut alleyways . Said areas shall be defined with continuous concrete curbing. b. All internal walkways shall be composed of brick pavers set in sand. • c. Vine material shall be planted along the proposed garden wall which covers 30% - 50% of said wall . 2 . The proposed perimeter walls shall be further detailed and incorporate larger, fully open, pedestrian entrances, subject to the approval of staff. Said walls shall also be setback at least two (2' ) feet in order to allow for a landscape buffer, the plant material being -subject to staff approval . 3 . The final paint scheme, including color samples, is subject to the review and approval of staff . MUM-fur 1 I 4 . Final building plans are subject to a concurrency review. 5 . The perimeter wall shall extend the full length of the property fronting Third Street . 6 . The proposed garden walls shall be reduced so that the overall height, to the top of the parapet, does not exceed fourteen (14' ) . 7 . The proposed garden walls shall incorporate a rythym of openings on the north, south and west elevations which mimic the window openings on the tower, subject to the review and approval of staff . CONCLUSIONS OF LAW 1 . The project as submitted does not meet the requirements as set forth in Subsections 18-2 of Zoning Ordinance No. 89-2665 for Design Review approval . 2 . The project will meet the requirements for Design Review approval if the conditions set forth in Finding No . 3 above are met and if the Building Department determines that the project meets the concurrency requirements in Section 22 of the Zoning Ordinance. DECISION OF THE BOARD The City' s Design Review Board hereby grants Design Review approval for the above-referenced project conditioned upon the following: 1 . a revised landscape plan, subject to the approval of staff, which incorporates the following: a. Plant material .for the areas of the property which abut alleyways . Said areas shall be defined with continuous concrete curbing. b. All internal walkways shall be composed of brick pavers set in sand. c . Vine material shall be planted along the proposed garden wall which covers 30% - 50% of said wall . • 2 . The proposed perimeter walls shall be further detailed and incorporate larger, fully open, pedestrian entrances, subject to the approval of staff . Said walls shall also be setback at least two (2' ) feet in order to allow for a landscape buffer, the plant material being subject to staff approval . 3 . The final paint scheme, including color samples, is 1 l \ subject to the review and approval of staff . 4 . Final building plans are subject to a concurrency review. 5 . The perimeter wall shall extend the full length of the property fronting Third Street . 6 . The proposed garden walls shall be reduced so that the overall height, to the top of the parapet, does not exceed fourteen (14' ) . 7 . The proposed garden walls shall incorporate a rythym of openings on the north, south and west elevations which mimic the window openings on the tower, subject to the review and approval of staff . No building permit may be issued unless and until conditions as set forth herein have been met . Please be advised that Design Review Board approval does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits including zoning. If handicapped access is not provided, this approval does not mean that handicapped access is not required or that the Board supports an applicant' s effort to seek waivers relating to handicapped accessibility requirements . When you are prepared to request a building permit, please modify the plans in accordance with the above conditions and submit three (3) sets to the Planning, Design and Historic Preservation Division. If all of the above-specified conditions are addressed, the plans will be stamped approved. Two (2) sets will be returned to you for submission for a building permit . One (1) set will be retained for the Design Review Board' s file. If the building permit is not issued within one (1) year of the meeting date, the Design Review approval will become void. If you have any questions, please do not hesitate to call us . 1. Dated this `l..1 Det.day of 1993 . DESIGN REVIEW/HISTORIC PRESERVATION BOARD City of Miami Beach, Florida By: Chairperson 4055 . fo CITY OF MIAMI BEACH 1!!!]:::1_ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 January 3 , 1994 Dean Grandin Deputy Director Development, Design & Historic Preservation Services Department City of Miami Beach Dear Dean: As City Manager, ,I am hereby filing an appeal of Design Review File #4055 B, 828 3rd Street . I am basing my decision on Design Criteria #6 relating to the proposed structure' s sensitivity to and its compatibility with the environment and adjacent structures at the street level . It is my belief that the perimeter wall and pedestal treatment of the building does not meet Criteria #6 . Very truly yours, C1/144)6)14, Roger M. Carlton City Manager RMC:j ph EXHIBIT "2" • CITY OF MIAMI BEACH CITY HALL 1700 CONVENT ON CENTER DRIVE MIAMI BEACH FLORIDA 33139 PLANNING.DESIGN i HISTORIC PRESERVATION DIVISION 673.7550 TO: DESIGN REVIEW BOARD FROM: DEAN J. GRANDIN, JR. , DEPUTY DIRECTOR DEVELOPMENT, DESIGN it HISTORIC PRESER T ON SERVICES DATE: DECEMBER 14, 1993 MEETING RE: DESIGN REVIEW FILES NO. 4053E AND 4055E 221 JEFFERSON AVENUE AND 828 THIRD STREET The applicant is requesting Design Review approval for the construction of two (2) condominium towers in the South Pointe Redevelopment Area. - BACKGROUND: The applications came before the Board on September 14, 1993 and were continued in order to address the following issues : 1 . Adding a perimeter wall and bringing it closer to the street . 2 . Presenting the entrance staircase in a more open manner, which approaches the street . 3 . The addition of decorative tile or mosaics to the proposed garden wall . • 4 . General increase in the overall pedestrian friendliness of the site. The applicant appeared before the Board again on October 12, 1993 and, although assuaging the disconcertions of some Board members, failed to satisfy the concerns of enough members to be approved. THE PROJECT: The projects consist of two separate applications, for two separate properties: However, because of their similarity in overall design and close proximity to one another, staff has combined the two applications into one report. The applications are identical to those submitted for the October 12, 1993 meeting and essentially the same as those submitted for the September 14, 1993 meeting. The major change in both projects has been the addition of a perimeter wall, garage vents and decorative interior lawn furniture. • 53 COMPLIANCE WITE ZONING CODE: The application, as proposed, comply with all pertinent aspects of the City Zoning Code. COMPLIANCE WITE DESIGN CRITERIA: Design Review encompasses the examination of architectural drawings for consistency with the criteria stated below with regard to the aesthetics, appearances, safety, and function of the structure or proposed structures in relation to the site, adjacent structures and surrounding community. Staff recommends that the following criteria is found to be satisfied, not satisfied or not applicable, as hereto indicated: 1 . The existing and proposed conditions of the Lot, including but not necessarily limited to topography, vegetation, trees, drainage, and Waterways . - Satisfied • 2 . The location of all existing and proposed Buildings, drives, parking spaces, walkways, mens of ingress and egress, drainage facilities, utility services, landscaping structures, Sings, • and lighting and screening devices . - Satisfied 3 . The dimensions of all Buildings, Structures, setbacks, parking spaces, Floor Area Ratio, height, Lot Coverage and any other • information that may be reasonably required to determine compliance with this Ordinance. - Satisfied 4 . The color, design, selection of landscape materials and architectural elements of Exterior Building surfaces and primary public interior areas for Developments requiring a Building Permit in areas of the City identified in Subsection B of this Section. - Not Satisfied, see condition /1, #Z and *3 5 . The proposed Structure is in conformity with the standards of • this Ordinance and other applicable ordinances, architectural and design guidelines, and plans insofar as the location and appearance and design of the Buildings and Structure are involved. - Satisfied 6 . The proposed Structure indicates a sensitivity to and is compatible with the environment and adjacent Structures, and enhances the appearance of the surrounding properties . - Satisfied • 7 . The design and layout of Buildings shall be reviewed so as to provide an efficient arrangement of land uses. Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, z " • 54 • • • pedestrian sight lines and view corridors . - Satisfied 8 . Pedestrian and vehicular traffic movement within and adjacent to the Site shall be reviewed to ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the Site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the Site. - Satisfied 9 . Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on adjacent properties . - Satisfied 10 . Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall Site Plan design. - Not Satisfied; see condition N1 11 . Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from Structures are adequately shielded from public view and pedestrian areas . • - Not Satisfied; see condition #1 • 12 . Storm drainage, sanitary waste disposal, and water supply shall be reviewed and considered in terms of the adequacy of existing systems, and the need for improvements, both on-Site - and off-Site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure. - Not Satisfied; see condition #4 • 13 . Garbage disposal shall be reviewed to ensure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction. . - Not Satisfied; see condition 414 14 . The overall project shall be reviewed for compliance with the City's Comprehensive Plan or Neighborhood Plans that apply to or affect the. subject property. - Satisfied • 15 . To promote reduced crime and fear of crime through the use of Crime Prevention Through Environmental Design Guidelines and Strategies. - Satisfied • • • • • 55 STAFF ANALYSIS: Staff continues to have concerns with the overall massing, scale, design and height of the project, as discussed in previous staff reports . However, with this re-submittal, the applicant appears to have addressed most of the concerns of some of the Board Members, based upon comments at the last meeting and enumerated in the beginning of this report . These modifications include the addition of a decorative perimeter wall, openings in the garden wall and the use of at-grade lawn furniture. Further refinements, however, are needed in order to fully comply with the comments and concerns of the Board; specifically the opening up of .the entry staircase and further adornment of the proposed garden wall . RECOMMENDATION: Staff still feels that the scale and siting of these two projects are inappropriate to the surrounding streetscape and would, therefore, recommend denial . However, based upon the Board' s comments it' s previous meetings, the applicant appears to have met most of the Board' s expressed concerns . Should the Board move to approve the projects; the following conditions are recommended: 1. Revised landscape plans, subject to the approval of staff, which incorporates the following: - a. Plant material for the areas of the properties which abut alleyways. Said areas shall be defined with continuous concrete curbing. b. All internal walkways should be composed of brick pavers set in sand. 2 . The proposed perimeter walls shall be further detailed and incorporate larger, fully open, pedestrian entrances, subject to the approval of staff . Said walls shall also be setback at least two (2' ) feet in order to allow for a landscape buffer, the plant material being subject to staff approval . 3 . The final paint scheme, including color samples, is subject to the review and approval of staff . 4 . Final building plans are subject to a concurrency review. 5 . . The perimeter wall for the building at 828 Third Street shall extend the full length of the property fronting Third Street . DJG:TRM 4053 .DEC 56 • 327 Jefferson Avenue Miami Beach, FL 33139 • January 3, 1994 "'�J JAN -3 q;� g: 15 Mr. Roger Carlton CITY f''HNAGEr;`-City Manager OFFICE City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Mr. Carlton: RE: DESIGN REVIEW FILE #4055B, 828 3rd Street. We, the undersigned residents of Miami Beach, would like to appeal the decision of the DESIGN REVIEW BOARD concerning the above referenced file. As concerned property owners in the immediate area, we attended all the meetings regarding this matter. We strongly agree with the DESIGN REVIEW STAFF, which concluded in its September 14th and November 9th reports that, " the scale and siting of these two projects are inappropriate to the surrounding streetscape." The proposal for 828 3rd Street is a 262 foot tower; the adjacent home and surrounding buildings average 25 feet. On December 14th, the BOARD overruled STAFF findings that, "the proposed towers...will loom over existing buildings, creating an incongruous scale for the surrounding area," and that the design "has failed, in all respects, to adequately address the concerns enumerated." At the December 14th meeting, we submitted petitions from neighbors (see names attached) and presented over a dozen property owners to express our conviction that the proposed towers do not meet Design Criterion No. 6 in Subsection 18-2 of Zoning Ordinance No. 89-2665, which requires that "the proposed structure indicates a sensitivity to and is compatible with the environment and adjacent structures and enhances the appearance of the surrounding properties." The BOARD declined to reconsider this fundamental item, and instead, addressed only peripheral issues (e.g., coloration, design of the outside wall) in approving the first of the two towers. We request that you file an appeal on our behalf to be heard by the City Commission; we understand this appeal must be filed today. Because there is no formal appeal process available to us, and because the BOARD itself refused to reconsider its judgement in response to extensive community protest, we ask the right to petition our lawmakers directly on this issue at the next commission meeting. All of us thank you for your assistance in this matter. t(374e,,f.-1 baig,if,6660_,,a4.11Y), ----rary6/0 HeIrdaki, Hendershot Ro irn Statz G rt Z ' Karl Stoecker Ilona Wiss Tamara He Y 327 Jefferson 235 Jefferson- 301 Ocean Dr. 919 4th Street 410 Meridian AMP DEVELOPMENT 672-8817 531-7262 534-6115 538-7201 ENCLOSURES: 4 PAGES OF PETITIONS 57 December 5, 1993 To: DESIGN REVIEW BOARD CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 • Re: FILE NOS. 4053 and 4055 221-25 JEFFERSON AVENUE AND 828 3RD STREET We, the undersigned residents and property owners of the immediate surrounding neighborhood of the above named properties, hereby ask that you protect the integrity of our low scale residential community by denying approval of the projects proposed for these two sites. The proposed towers are totally incompatible with the immediate neighborhood. The existing buildings, many of which have been recently renovated, and the new construction that is now underway, are almost all two, three, or four story buildings. We feel that by allowing the development of these towers, the low scale, pedestrian-friendly quality of our neighborhood will be severely compromised, and a precedent that V ultimately lead to the destruction of our neigh rhood will be set. Please do not vote for this project. 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December 5, 1993 r To: DESIGN REVIEW BOARD CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Re: FILE NOS. 4053 and 4055 221-25 JEFFERSON AVENUE AND 828 3RD STREET r We, the undersigned residents and property owners of the immediate surrounding neighborhood of the above named properties, hereby ask that you protect the integrity of our low scale residential community by denying approval of the projects proposed for these two sites. The proposed towers are totally incompatible with the immediate neighborhood. The existing buildings, many of which have been recently renovated, and the new construction that is now underway, are almost all two, three, or four story buildings. We feel that by allowing the development of these towers, the low scale, pedestrian-friendly quality of our neighborhood will be severely compromised, and a precedent that will ultimately lead to the destruction of our neighborhood will be set. Please do not vote for this project. 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I 1 • 1 , ,'J: �,� r ( �JS Ocgai,ti lit'• -r yl��i:/.r- art r f Pjt �/fi :ll a_.f ri k (Ira 7(,�:`1 "Y ;,), `..'J , y) /:,.Y t 'i tr-:} r(-1fr , J/L., / v l7' :.! 7, / / QCCL..t I ) I • 59 December 5, 1993 To: DESIGN REVIEW BOARD CITY OF MIAMI BEACH • 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Re: FILE NOS. 4053 and 4055 221-25 JEFFERSON AVENUE AND 828 3RD STREET We, the undersigned residents and property owners of the immediate surrounding neighborhood of the above named properties, hereby ask that you protect the integrity of our low scale residential community by denying approval of the projects proposed for these two sites. The proposed towers are totally incompatible with the immediate neighborhood. The existing buildings, many of which have been recently renovated, and the new construction that is now underway, are almost all two, three, or four story buildings. We feel that by allowing the development of these towers, the low scale, pedestrian-friendly quality of our neighborhood will be severely compromised, and a precedent that will ultimately lead to the destruction of our neighborhood will be set. Please do not vote for this project. PRINT NAME SIGNATURE ADDRESS L 1 r-6r I i C 1 V'�- yll !itch. Qii A-V-e -Z (V1CJtk Ne-&d l Q f 9 — tiWi r,►,`i di,, ,e,,-e 1;(1~"ct., V J_ L( .,'. 4,., k„,o IL . CZVC-6► r . n , GLt t- l)r, -,,2'Z a:111Zi.u.(1 Y� (cif - id4u' 34-c , 6 ) L ouvAID �afxi cdl Li) 3`{- ' • ' . - 42.) 'C/►LPh1 1h \ p.cc,�ti' =14- ( -•.-. .h_ p ? 1 iiii AlcilD (d teo n . /316- it ) 'yC-) "/ tit r / ' 1 cw NJ e 1A' to '/l'i(L:i�� 'vr /,e/r y/-ti A -14. -t1746 ,012%)' "iv- -a- j / ( e ► 4icM ,t 4 . (Ai 4c/,,EA. AI - , w 3 Ys wticW1Ir4J tt a9 RA i.tro E E . (ZEAL '7 7 _ -f .1--ii0/ 3`,s �/clie rip ram/ 1-Atc--14 P,Lgz___ 1-t. 7sczDt,i(5.--5 - ( 7-,j,. A, --,--- 9-/ < m f c i4,,Ai, -=6-z.7 .lbw . Mini i' _ . di- ' b• ed L i-�'/s e : 'J 3Vr�Yj e..-#7 4-r1,1 ALuc !c1 i 4 - MA. 05//4ctii a/?1�1'� i •V' G a t P, ,/ h. / ' fi, ,--e. '?° 474j1147-7491/L‘ . ' - 60 December 5, 1993 To: DESIGN REVIEW BOARD CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 . Re: FILE NOS. 4053 and 4055 221-25 JEFFERSON AVENUE AND 828 3RD STREET We, the undersigned residents and property owners of the immediate surrounding neighborhood of the above named properties, hereby ask that you protect the integrity of our low scale residential community by denying approval of the projects proposed for these two sites. The proposed towers are totally incompatible with the immediate neighborhood. The existing buildings, many of which have been recently renovated, and the new construction that is now underway, are almost all two, three, or four story buildings. We feel that by allowing the development of these towers, the low scale,pedestrian-friendly quality of our neighborhood will be severely compromised, and a precedent that will ultimately lead to the destruction of our neighborhood will be set. Please do not vote for this project. PRINT NAME SIGNATURE I ADDRESS Kat;L fi,qOuRig J t� Ar4 �x��{ � eci44. OR . 1120k9-e lr -4- L IA aVI A I N ei r $ 00.A i `fir,ve 4o A) fin, ate-- - , v� , ----. ,i C..14 r i -tan an ri i� 15� eX'ec, %!1 E.L/ /Croce: 40V on- 4 V�_. &Q \ �IL�A, 69'1 )B Pri. i.6/A CGIA-A-;,Q 1.0:44 1..out.ek �/ �� iti v Ain H �Z�c. � O oem h L , `�� :V.( -���-� ! Fs37 4-TM i,. *) 21 nser . lie. VAR?A) 16-gr er: #(301 • � • ' �t� a����� --- 715 a N0 sr I °PALL 6/6+ ttik) 4-6//)-(7 • c61 a • s CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5 il_q( TO: Mayor Seymour Gelber and DATE:January 19, 1994 Members of th'e City Commission FROM: Roger M. Ca to City Manage SUBJECT: REQUEST FOR THE CITY COMMISSION TO SET A DATE AND TIME TO CONSIDER AN APPEAL BY THE CITY MANAGER OF A DESIGN REVIEW BOARD DECISION GRANTING APPROVAL FOR CONSTRUCTION OF A CONDOMINIUM TOWER AT 828 THIRD STREET IN THE SOUTH POINTE REDEVELOPMENT AREA. RECOMMENDATION The Administration recommends that the City Commission set a date and time to consider an appeal by the City Manager of a Design Review Board decision granting approval for construction of a condominium tower at 828 Third Street in the South Pointe Redevelopment Area. BACKGROUND The Design Review Board, at the December 14, 1993 meeting, approved plans for a fourteen (14)story, fourteen (14)unit,262 ft. high condominium at 828 Third Street in the South Pointe Redevelopment Area. Staff had recommended that the project be denied for the reasons set forth in the attached staff report;however,the Board approved the project,subject to imposing several conditions as indicated in the Final Order issued for said property (see attached). ANALYSIS The basis for the City Manager's appeal is Design Review Criteria No.6,set forth in Subsection 18-2.A of the Zoning Ordinance, which deals with the proposed structure's sensitivity to and compatibility with the environment and adjacent structures. Specifically, the building's perimeter and garden walls, pedestal treatment and fenestration placement appear to be incompatible with the surrounding area and existing nearby buildings. It should be noted that the citizens requesting the appeal made the request late in the afternoon of the final date for appeal. Therefore, in part, the appeal was made to preserve the City Manager's right to either hold the appeal hearing or work out solutions by negotiation. It should be further noted that the conditions required by the Design Review Board were not made known to me at the time of the appeal. CONCLUSION The City Attorney has advised that the City Commission should set a date and time for hearing the appeal of the Design Review Board's decision. We will continue to attempt to resolve the issues prior to the hearing. It may also be my conclusion to withdraw the appeal after a review of all the facts. RMC:DJG:TRM C:\mbdoc\phr-4055 Enclosure 45 1 AGENDA ITEM DATE I — I --9(1