Laserfiche WebLink
Summary Minutes:Regular City Commission Meeting September 15,2016 City of Sunny Isles Beach,Florida <br /> Commissioner Aelion asked the City Attorney about the general intent of the TDRs in our <br /> City and also its limitations in the sense that at what point does the developer come and ask <br /> for FARs. He doesn't know if the Mansions have been legally transferred to a Condominium <br /> Association Board at this point. Mr. Schulman said yes, the Condominium documents <br /> provided to the City Attorney indicate the consent to these expansions but separately and <br /> distinct from that, the Association wrote a separate letter to the City Attorney approving this <br /> particular expansion. Commissioner Aelion said he understands but as far as our position on <br /> the use of TDRs, is that open to development and individual posts like we are facing now or is <br /> the use of TDRs,and he is talking about intent not the legality of it because the general use of <br /> TDRs is important. City Attorney Ottinot said from a policy and also from a legal <br /> perspective, these do not preclude the individual owner of a unit or property from buying <br /> TDRs from the City, the tenants are always allowed wherever to buy TDRs. <br /> Mayor Scholl said what could have happened is the developer could have come in and bought <br /> all the TDRs when they did the deal to enclose all the balconies and have available as an <br /> option with the TDRs. In this case the developer built the building only with the presold units <br /> with enclosed balconies that they needed to buy the TDRs for, and so a new buyer comes <br /> along and says I want to enclose my unit, and the density is not there. And so to him this is <br /> relatively administrative because it could have been cleaned up in the beginning but the <br /> developer would have spent an extra couple of hundred dollars buying the TDRs. The <br /> important thing here is it is consistent with what we approved in the building in the first place <br /> and consistent with the Condo docs. City Attorney Ottinot said it does not exceed the FAR. <br /> Mr. Shulman said the limitation that you have in your Code as the City Attorney will explain, <br /> is that you cannot use TDRs in excess of 30% of the total amount of square footage of the <br /> base plus your bonuses, we are well below that. <br /> Commissioner Levin said when she first heard about this that they were enclosing the balcony, <br /> the first thing she thought of was that it was going to come all the way out to the balcony <br /> railing and it was going to go up,and the aesthetics of the building would change,and that is <br /> not what is happening. Mr. Schulman said he has a rendering of what it will look like. This is <br /> the 44th floor and what you will basically see is this particular enclosure has already been done <br /> on the 46th floor as part of the original built Building Permit. Now his clients wants to do the <br /> identical here so the difference is before and after, that is the visual impact if any. <br /> Commissioner Aelion moved and Commissioner Levin seconded a motion for approval, <br /> subject to staff conditions. Resolution No. 16-Z-159 was adopted by a roll call vote of 5- <br /> 0 in favor. <br /> Vote: Commissioner Aelion ves <br /> Commissioner Goldman ves <br /> Commissioner Levin ves <br /> Vice Mayor Gatto ves <br /> Mayor Scholl ves <br /> 4 <br />