2014-1120 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 20,2014 City of Sunny Isles Beach.Florida just had an election where people had made commitments to the word variance and variance has become a taboo and it is unfortunately coloring the judgment that normally would be common sense. We are where we are at and people are going to vote the way they are going to vote. Commissioner Levin said it occurred to her, the part in the front, what if that were all Blass and then on the inside of the glass we would have a garden scape so it would still look like a garden rather than just a concrete structure with a couple of windows. Where would the parking go in a structure like this, and Kobi Karp said on an as of right what would happen is that it is going to be a beautiful building and it is going to be a crystalline building but he thinks what we are saying is, and maybe as the Mayor said the word variance is a bad word in tonight's hearing but to him a variance that you are getting something back is a trade-off,and if we can get that trade-off then that is wonderful, and if we can't get that trade-off it is fine as well. Either way it is going to work whether it is of right or not but Dr. Comfeld is giving us an opportunity just like he gave us money to do the Pier. He thinks this is a great opportunity politically to say you know what, we granted a variance but this is what we got back. If he was offering the City nothing and he was asking for height it would be a different story. If he was offering you nothing but he was asking for something, that would be a different story. We are not asking for anything,there is no difference in density, intensity, FAR, parking,etc. on any of the schemes, the only difference is a park for five stories, no park no five stories. Commissioner Levin said then that it is still feasible to do it that way it just wouldn't look the same. Kobi Karp said yes, also it would not be open to the public, it would be a private space behind a window. Commissioner Levin asked if that rendering was minus the five stories that he told me that he would take off, and Kobi said this is the study that they did, this is the height minus, the difference is this is 230 feet with the same FAR and everything, what happens is that it got shorter but the footprint got bigger and we filled in the courtyard inside the garden, the vertical garden effect, and we pulled the building down. The original height submitted is 290 feet, and this is 230 feet, everything else is as of right. With the 230, we get rid of the interior gardens. Commissioner Levin asked what is permitted is the 170, and Kobi said yes and then he would get rid of the park. So it is basically a trade-off of green space vs. height, and the intent of the Code that was written. The intent was tall and skinnier to create more open green space, and this is exactly what this project proposes to do. Stanley Price said if this is not approved that he be permitted to make another proffer to the Commission, and Mayor Edelcup asked if this gets turned down, can they come back with something else? City Attorney Ottinot said he would suggest if the Commission is not ready to approve it to defer it to a date certain where Mr. Price and Mr. Karp will revise the plan to meet some of the concerns that the Commission has. Mayor Edelcup said what would prevent them from having a vote tonight, and if it got turned down then he can come back. City Attorney Ottinot said under our Code if a zoning application is denied,you have to wait a year before you can reapply. Mr. Price asked then in the event that this is denied in the motion that is provided that you waive the one year period and we come back as a as of right building and back to a public hearing. City Attorney Ottinot suggested that the Commission and Mr. Price ask for a deferral for a date certain in order to meet with staff to address the concerns of the Commission. The Applicant asked for a deferral to December 18, 2014. Commissioner Levin moved and Commissioner Scholl seconded a motion to defer this hearing to December 18,2014. The motion was approved by a voice vote of 5-0 in favor. 20