2007-26562 Reso
RESOLUTION NO. 2007-26562
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION
118-262, TO REVIEW A DESIGN REVIEW BOARD DECISION
REQUESTED BY THE WAVERLY AT SOUTH BEACH
CONDOMINIUM ASSOCIATION PERTAINING TO DRB FILE NO.
9024 FOR THE PROPERTY LOCATED AT 1330 WEST AVENUE.
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board when requested by an applicant or any affected
person has been established under Section 118-262 of the Miami Beach City Code; and
WHEREAS, The Waverly at South Beach Condominium Association is
requesting an appeal of the Design Review Board decision rendered on May 1, 2007,
(ORB File No. 9024) pertaining to a "Clarification of Conditions" for the development project
at 1330 West Avenue, which has been timely filed for such review; and
WHEREAS, due to scheduling conflicts counsel for the Waverly and the City
Attorney's Office have asked that the matter be set for the September Commission
meeting.
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 hereby authorize the setting of a public hearing on September 5, 2007 to
consider the review of a Design Review Board decision in ORB File No. 9024, pertaining to
"Clarification of Conditions" for the development project at 1330 West Avenue, as
requested by The Waverly at South Beach Condominium ssociation.
PASSED and ADOPTED this 6th day of Ju
t;JST:
i Ut~ ffMj~
ITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC TION
)fi-~/D?
DATE
T:\AGENDA\2007\jun0607\Consent\DRB File Na. 9024- PH RESO JUN rev.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to review a Design
Review Board decision rendered on May 1, 2007, requested by The Waverly at South Beach
Condominium Association (ORB File No. 9024).
Key Intended Outcome Supported:
I Not Applicable
Issue:
Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the Mayor and
City Commission schedule a Public Hearing on September 5, 2007 to review a decision of the Design
Review Board pertaining to ORB File No. 9024, requested by The Waverly at South Beach Condominium
Association.
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the Resolution scheduling a Public
Hearing on September 5,2007.
Advisory Board Recommendation:
The Design Review Board denied the subject application on May 1,2007.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
The proposed Resolution is not expected to have any fiscal impact.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Tom Mooney
Si n-Offs:
Department Director
City Manager
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.....
MIAMIBEACH
AGENDA ITEM
DATE
~7-:J
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager L, ~
June 6, 2007 t
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO
MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN REVIEW
BOARD DECISION REQUESTED BY THE WAVERLY AT SOUTH BEACH
CONDOMINIUM ASSOCIATION PERTAINING TO DRB FILE NO. 9024 FOR THE
PROPERTY LOCATED AT 1330 WEST AVENUE.
TO:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAL YSIS
Pursuant to City Code Section 118-262, The Waverly at South Beach Condominium
Association is requesting a review of the Design Review Board decision rendered on May 1,
2007 (DRB File No. 9024) pertaining to a 'Clarification of Conditions' for the development
project at 1330 West Avenue.
The Design Review Section of the Miami Beach Code allows the applicant, or the city
manager on behalf of the city administration, or an affected person, Miami Design
Preservation League or Dade Heritage Trust to seek a review of any Design Review Board
Order by the City Commission. For purposes of this section, "affected person" shall mean
either (i) a person owning property within 375 feet of the applicant's project reviewed by the
board, or (ii) a person that appeared before the Design Review Board (directly or
represented by counsel), and whose appearance is confirmed in the record of the Design
Review Board's public hearing(s) for such project.
Pursuant to Section 118-262 of the Miami Beach Code, 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 118-262 (b) 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:
1) provide procedural due process;
2) observe essential requirements of law; or
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the DRB, a 5/ih vote of the City Commission
is required.
June 6, 2007
Commission Memorandum
Appeal of ORB File No. 9024
Page 2 of 2
CONCLUSION
Due to scheduling conflicts counsel for the Waverly and the City Attorney's office have
asked that the matter be set for the September Commission meeting, and therefore the
Administration recommends setting a public hearing on September 5, 2007 to review a
decision of the Design Review Board pertaining to ORB file No. 9024.
JMG~~
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