98-22714 RESO
RESOLUTION NO. 98-22714
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA SETTING A PUBLIC HEARING TO
REVIEW A DESIGN REVIEW BOARD DECISION
APPROVING A REQUEST BY THE LOFTS AT
SOUTH BEACH, INC., FOR THE CONSTRUCTION
OF A SEVEN (7) LEVEL MIXED-USE BUILDING,
INCLUSIVE OF EIGHT (8) RESIDENTIAL
UNITS, OFFICE/STUDIO UNITS AND RETAIL
SPACE AT 1403 DADE BOULEVARD.
WHEREAS, the Mayor and City Commission of the City of Miami
Beach recognize that a process for the review of decisions
rendered by the Design Review Board has been established under
Section 18 of the Zoning Ordinancej and
WHEREAS, affected parties have the right to seek a review by
the City Commission of projects approved by the Design Review
Boardj and
WHEREAS, the Design Review Board, on February 25, 1998,
approved a request by The Lofts at South Beach, Inc., for the
construction of a seven (7) level (71'-1" to the top of the roof
and 75'-7" to the highest architectural projection) mixed use
building, inclusive of eight (8) residential units, office/studio
units and retail space at 1403 Dade Boulevard (DRB File No.
9820) j and
WHEREAS, Mr. Santiago Echemendia, Esq., on behalf of the
West Bay Plaza Condominium Association, and Mr. Paul Phinney and
Ms. Margaret Pietsy, has requested a review of the decision
rendered by the Design Review Board concerning DRB File No. 9820.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1. The City Commission hereby sets a time certain of A:OOr.l1'J
on May 6, 1998, to review the decision of the Design Review Board
(DRB File No. 9820) wherein it approved a request by The Lofts at
South Beach, Inc., for the construction of a seven (7) level
(71'-1" to the top of the roof and 75'-7" to the highest
architectural projection) mixed use building, inclusive of eight
(8) residential units, office/studio units and retail space at
1403 Dade Boulevard.
PASSED and ADOPTED this 15th day of
, 1998.
ATTEST:
~tf~
MAYOR
CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXeCUTION
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Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. ~-Cj8
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: April 15, 1998
FROM:
Sergio Rodriguez Ji.k\v
City Manager .I~.. 0- \
SUBJECT:
A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, Setting a Public Hearing to Review a Design Review Board Decision
Approving a Request by The Lofts at South ,Beach, Inc., for the Construction
of a Seven (7) Level Mixed Use Building, Inclusive of Eight (8) Residential Units,
Office/Studio Units and Retail Space at 1403 Dade Boulevard.
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on May 6, 1998,
with a time certain, to review a decision of the Design Review Board (DRB), wherein it approved
the construction of a seven (7) level mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820).
BACKGROUND
On February 25, 1998, the Design Review Board (DRB) approved a request by The Lofts at South
Beach, Inc., for the construction of a seven (7) level (71 '-I" to the top of the roof and 75'-7" to the
highest architectural projection) mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820). The staff report
to the DRB for this project and the Final Order issued by the DRB are attached, hereto, for
informational purposes.
On March 17, 1998, Mr. Santiago Echemendia, Esq., on behalf of the West Bay Plaza Condominium
Association, and Mr. Paul Phinney and Ms. Margaret Pietsy, filed a request to have the Order of the
Design Review Board reviewed by the City Commission, pursuant to Section 18-2.K of Zoning
Ordinance 89-2665 (see attached letter).
On April I, 1998, the public hearing for this appeal was set by the Commission for a date certain of
April 15, 1998. However, due to an administrative error, the matter was not properly noticed and
said public hearing must be re-set by the Commission, in order to satisfy the notice requirements of
the Zoning Ordinance.
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Agenda Item c.. 1 F
Date ~ - \ S -<=1S
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. Santiago
Echemendia, Esq., on behalf of the West Bay Plaza Condominium Association, and Mr. Paul
Phinney and Ms. Margaret Pietsy, is seeking a review ofthe Final Order for the project described
herein.
Pursuant to Subsection 18-2.K, the review by the City Commission is not a de novo hearing. It must
be based upon the record of 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 the
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 of law, or
c. base its decision upon substantial, competent evidence.
Mr. Echemendia, on behalf of the West Bay Plaza Condominium Association, and Mr. Paul Phinney
and Ms. Margaret Pietsy, has indicated that the basis for the appeal is that the Design Review Board
departed from the essential requirements of the law and failed to support its decision with competent
and substantial evidence concerning concurrency and compatibility.
In order to reverse or remand a decision of the DRB, a 5/7th vote of the City Commission is
required.
CONCLUSION
The Administration recommends that the City Commission set a public hearing on May 6, 1998,
with a time certain, to review a decision of the Design Review Board (DRB), wherein it approved
the construction of a seven (7) level mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820).
SR~D~TRM
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