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Summary Minutes:Regular City Commission Meeting July 17,2003 City of Sunny Lsles Beach,Florida <br /> of due process and the City's Charter and if you want to do things the right way, you will <br /> make an informed decision with all the facts before you and to the extent that Mr.Price or <br /> Mr. Sterns wants to say, well wait a second, we are going to push this off to a later public <br /> hearing, well that is not the way it is noticed. Mr. Shubin stated if it is purely advisory <br /> and the record is clear, that is fine,but if you are going to undertake an action that is going <br /> to have some legal effect that they will then be able to use against you if you turn them <br /> down on the basis that they have certain vested rights by virtue of tonight's hearing, well <br /> then that is wrong, it violates the letter, the spirit of your Code, the Charter, and due <br /> process. He also noted that they have had issues, and we have put them on the record,we <br /> have repeatedly attempted to determine everything that is going on with respect to this <br /> site, and yet when we get the application there is no mention of the transfer of <br /> development rights. He said that it was not until June 30th that he got the application, and <br /> again, here tonight we still don't know the sender sites, and that is not fair. Mr. Shubin <br /> said that he references the City's own Charter that says where you are going to effectively <br /> convey certain property it has to be done by ordinance which has two readings, the <br /> purpose of that is that if you are going to convey development rights or land that has some <br /> public designation or use, it has to be done by ordinance. He said that it has to be noticed <br /> differently, it has to have more debate, there has to be two readings. He stated that they <br /> have made a number of objections regarding incompatibility with the City's own <br /> Comprehensive Plan by incorporating the documents into the records, we have preserved <br /> them. He stated that the Town of Golden Beach has a problem with a 40-story building <br /> on its municipal boundary where its fundamental character set forth in its Charter is to <br /> maintain a low-rise community. <br /> Alexander Tachmes, Esq., stated that he represented the owner of the property at 105 <br /> Ocean Blvd, and strongly objected to the project in tonight's application. He stated that <br /> he is incorporating in full the comments of Mr. Shubin, as well as the entire record in <br /> connection with his remarks. He stated that they believe that this project is completely out <br /> of scale with the single-family home community of Golden Beach, and said that it will <br /> have a dramatic impact in a negative way on her property value and urged the rejection of <br /> this application. <br /> Eugene Sterns,Esq.,representing the Regalia,offered rebuttal and noted that this matter is <br /> in court. Mr. Stems said that there are no issues here and that the City has correctly <br /> opined on the law. He noted that this is a very unusual project that in essence is a single- <br /> family high-rise, one unit per floor condo. <br /> City Attorney Dannheisser stated that the notice differential of 500-feet versus 300-feet <br /> for a regular Zoning Ordinance, is a scrivener's error. TDRs will be 300-feet notice just <br /> as it is for a Zoning Hearing. <br /> Vice Mayor Edelcup moved and Commissioner Goodman seconded a motion for <br /> approval, subject to a hearing on the TDRs. The motion was approved as <br /> Resolution No. 03-Z-75, by a roll call vote of 5-0 in favor. <br /> 9 <br />