Resolution 94-21039 •
RESOLUTION NO. 9-21039
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A DATE
' AND TIME TO HEAR AN APPEAL OF A DECISION OF THE
DESIGN REVIEW BOARD DENYING DESIGN REVIEW APPROVAL
FOR CONSTRUCTION OF A FOURTEEN (14) STORY OFFICE
BUILDING AT 1001 FOURTH 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 office
building at 1001 Fourth Street; and
WHEREAS, On January 11, 1994, the City' s Design Review Board
denied the applicant' s request for Design Review Approval as set
forth in the Board' s Order which is attached hereto as Exhibit "1" ;
and
WHEREAS,. the applicant has appealed the Board' s decision to
deny Design Review Approval ' to the aforestated project, which
appeal is based upon the grounds set forth in the letter of January
21, 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 denying Design Review Approval for construction
of a fourteen (14) story office building at 1001 Fourth Street, in
their chambers on the Third Floor of City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on February 16, 1994 beginning
at 3:30 p .m.
PASSED and ADOPTED this 2nd _ - of February , 1994 .
ATTESTt •
MAYOR
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CITY CLERK V
SWS:scf:disk6\1001-4th.res FORM A P P V E D
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By
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GREENBER6
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IRaURIG
Lucia A. Dougherty
305-579-0603
January 21, 1994
TELECOPY AND U.S. MAID
Mr. Dean Grandin, Director
Historic Preservation and Urban Design
City of Miami Beach
1700 Convention Center Drive
Miami, Florida 33139
Re: Appeal of Design Review File No. 45641001
1001 Fourth Street
Dear Mr. Grandin:
Pursuant to Section 18-2(I) of the Zoning Code of the City of Miami, this letter constitutes
an appeal of the above-referenced deci$on of the Design Review Board of January 11, 1994.
The Design Review Board denied the above-referenced application in contravention to a
favorable recommendation by the Planning staff. See Exhibit "A" attached.
Said decision was arbitrary, capricious, and an abuse of the discretionary powers given to
the Design Review Board. The Design Review Criteria listed in 18-2 of the Zoning
Ordinance for the City of Miami Beach were not followed.
Please advise when this will be placed on the City. Commission agenda to set a Public
Hearing. The transcript of the Design Review Board is being processed and will be
forwarded to you shortly.
Sincerely,
Lucia A. Dougherty
LAD/jhd
CC: John Dellagloria, Esq.
EXHIBIT "2"
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN&QUENTEL.P.A.
1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305.579-0500 FAX 305.579.0717 _
MIAMI FORT L.Ml'DERDALE WEST PALM BEACH TALLAHASSEE
{
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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 MEMOF(ANDUM NO. -1 6_9 4
TO: Mayor Seymour Gelber and DATE: February 2., 1994
Members of the City Commission
FROM: Roger M. Ca
City Manag: �P
SUBJECT: REQUEST FOR THE CITY COMMISSION TO SET A DATE AND TIME TO.
CONSIDER AN APPEAL BY JOSE FERNANDEZ INVESTMENTS, INC. ,
OF A DESIGN REVIEW BOARD DECISION DENYING APPROVAL FOR
THE CONSTRUCTION OF AN OFFICE BUILDING AT 1001 4TH STREET
- IN THE SOUTH POINTE REDEVELOPMENT AREA.
ADMINISTRATION RECOMMENDATION:
The City Administration recommends that the City Commission set a
date and time to consider an appeal by Jose Fernandez Investments,
Inc. , of a Design Review Board decision denying approval for the
construction of an office building at 1001 4th Street in the South
Pointe Redevelopment Area.
BACKGROUND:
The Design Review Board, at the January 11, 1994 meeting, denied an
application for the construction of a fourteen (14) story mixed-use
office-retail facility at 1001 4th Street in the South Pointe
Redevelopment Area. Staff had recommended that the project be
approved for the reasons set forth in the attached staff report;
however, the Board denied the project, for reasons enumerated in
the Final Order issued for said property (see attached) .
ANALYSIS:
The applicant, Jose Fernandez Investments, Inc. , seeks to appeal
the decision of the Design Review Board for reasons indicated in
the attached letter. Pursuant to Section 18 of the Zoning
Ordinance appeals from the decisions of the City's Design Review
Board are heard by the City Commission.
CONCLUSION:
The City Administration has concluded that the City Commission
should. set a date and time to consider an appeal by Jose Fernandez
Investments, Inc. , of a Design Review Board decision denying
approval for the construction of an office building at 1001 4th
Street in the South Pointe Redevelopment Area.
RMC:DJG:TRM:jh
Attachments /5
AGENDA
ITEM 1�
DATE 2 --2-cW