2006 0216 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting February 16,2006 City of Sunny Isles Beach, Florida lOG. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Providing for the City to Partner with the North Miami Beach Optimist Little League Baseball Program by Donating $2,000.00 to Their Operating Fund; Providing for the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Cultural and Human Services Director Susan Simpson reported. Public Speakers: none Commissioner Iglesias moved and Commissioner Thaler seconded a motion to approve the resolution. Resolution No. 2006-889 was adopted by a voice vote of 5-0 in favor. 10H. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Correcting a Scrivener's Error in Resolution No. 03-Z-75 to Reflect the Correct Square Footage of Transfer of Development Rights for Real Property Located at 19505 Collins A venue, Commonly Known as the Regalia Condominium Project; Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title and Assistant City Manager Vera reported that the Site Plan clearly show the correct amount of 54,385 square feet of floor area. Public Speakers: Stanley Price, Esq.; Jeffrey Bass, Esq. Stanley Price, Esq., reported on the history of the application. He noted during the pendency of this application the Third District Court of Appeal decided the Omni Point case which left into doubt whether non use variances, special exceptions, etc., could be granted by a Zoning Board without further ascertainable standards, which put everything in a hold position here as well as Miami-Dade County. He said this building design was variance free, and the original recommendation for approval on the first application was copied over to the application, recommendation and it is contained within the ad which says the TDRs would be 38,847 square feet but the ad goes on to read plans are on file and may be examined in the Zoning Department entitled Regalia. He said the sole question before the Commission this evening is whether there was any intent by the applicant to mislead this Commission or to do anything that would be improper for the public to be fully informed as to what this application was. He stated that the Site Plan shows the correct amount of 54,385 square feet. He said he learned of the error approximately three (3) months later and in October 2003 he submitted a letter to Jorge Vera indicating that he believed that an error was made in the Resolution and specifically requested a revised Zoning Resolution consistent with the plans submitted and reviewed by the City's outside consultants, or in the alternative, re- notice a public hearing in order to rectifY inconsistency between the approved plans and the formal advertisement in the newspaper of general circulation. He noted that the Commission has the inherent right as a matter oflaw to correct clerical errors. Mr. Price noted a letter of objection of this application from John Shubin, Esq., of Law Offices of Shubin and Bass dated February 14, 2006. 15