LTC 595-2019 Board of Adjustment's Reversal, dated November 1, 2019, of the Planning Director's July 10, 2019 Administrative Determination regarding "Floor Area" MIAMI BEACH
OFFICE OF THE CITY MANAGER 595-2019 LETTER TO COMMISSION
LTC No. #
TO: Mayor Dan Gelber and Members of the City Co mission
FROM: Jimmy L. Morales, City Manager
cc: Raul J. Aguila, City Attorney
Rafael E. Granado, City Clerk
DATE: November 5, 2019
SUBJECT: Board of Adjustment's Reversal, dated November 1, 2019, of the Planning
Director's July 10, 2019 Administrative Determination regarding "Floor Area"
The purpose of this memorandum is to advise the City Commission of the Board of Adjustment's
recent ruling in an appeal filed by South Beach Heights I, LLC, 500 Alton Road Ventures, LLC,
1220 Sixth, LLC, and KGM Equities, LLC ("Appellants"), of an administrative determination of the
Planning Director (the "Determination"). Specifically, the Appellants challenged the inclusion of
the following building elements in floor area calculations, in the context of the proposed private
development project at 500 Alton Road: elevator shafts, stairwells, and mechanical chutes and
chases (altogether, the "Elements"). Following a public hearing on Friday, November 1, 2019, the
Board of Adjustment voted to reverse the Determination by a vote of 5-2.
It is important for the City Commission to note that the Board of Adjustment has previously
reviewed this issue on two separate occasions and reached the same determination as the
Planning Director (File Nos. 2377 and 2404). As such, the Board of Adjustment's reversal
represents a clear departure from 40 years of established City precedent.
On advice of counsel, and in order to preserve the City's legal rights, I have directed the City
Attorney to initiate the appellate process to seek judicial review of the Board of Adjustment's ruling
as expeditiously as possible. In light of the scheduling constraints imposed by the City's general
election (and possible runoff election), and due to the fact that no regular City Commission
meeting is scheduled in November, I have elected to initiate judicial review prior to the December
11, 2019 City Commission meeting.
Pursuant to City Code Section 38-4, "[i]f a run-off election is necessary, the commission
meeting(s) occurring between the date of general election and the commission's acceptance of
final run-off election returns shall occur for the limited purpose of accepting the returns of
such general election, and/or to address any emergency matter, pursuant to Florida law and
City Charter § 2.05." The decision whether to take an appeal from the Board of Adjustment's
reversal does not qualify as an "emergency" under City Code Section 38-4 or City Charter Section
2.05. Accordingly, and in an abundance of caution, I have an obligation to seek judicial review, to
preserve the City's rights on appeal.
Until further notice, and during the pendency of this matter, I hereby advise my staff not to
communicate with the Appellants regarding the Board of Adjustment's ruling, or its impact on the
proposed development at 500 Alton Road.
November 5, 2019
Board of Adjustment Ruling— 500 Alton Road
Page 2 of 2
Likewise, the City Attorney has strongly recommended that the City Commission refrain from
communicating with the Appellants on this matter. Any correspondence regarding the Board of
Adjustment's ruling should be forwarded to the City Attorney's Office.
The City Attorney will be scheduling a meeting with Appellants' counsel this week to discuss next
steps. At my first opportunity following the election, I will bring this matter before the City
Commission for a full briefing and presentation of potential options, solutions, and next steps,
including, but not limited to, continuation or withdrawal of the appeal. Again, since there is no
regularly scheduled meeting in November, and given the constraints in the City Code on
the purpose for which a November meeting may be called, I have made the decision to
initiate judicial review in order to preserve the City's rights.
If you have any questions, please do not hesitate to contact me or the City Attorney.