2012-1115 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 15,2012 City of Sunny Isles Beach,Florida such a way to allow for high winds with sustained forces because it is basically by itself without reinforcement. Mr. Karp said it is structurally reinforced and meets the new Code. Commissioner Aelion asked him about the issue of parking,including robotic parking,valet limited parking, and no self parking in these buildings. The concern of breakdowns has already been addressed by several engineers from Europe and locally,and apparently it is the census that this robotic system is in place should not create a concern in the function of the whole parking structure. The Commission throughout the years has followed a master plan and is continuing to that end to beautify Sunny Isles Beach in the same way we have done in the last 12-13 years. As far as the shades and the inconvenience on the beach,every building on the beach has the same exposure as a function of daytime and how much sun is observed. Basically it is a continuity of the existing model that is on the side of Collins. Commissioner Scholl said his issue is form over substance,the last project that Kobi brought us a month or two ago, he was upset because the developer walks in and delivers the Commission a controversy which he didn't like because that building asked for a lot of variances. He was upset over the fact that the developer didn't proactively reach out to the adjacent property owner and settle that controversy before they brought it to the Commission, and then all of a sudden we are in that hot seat and we have to settle that controversy. He kind of feels that same way tonight, variances or no variances, as a developer you have a responsibility to be proactive and reach out to your neighbors and not on the Tuesday before a Commission meeting. By now he would like to believe that when folks come before the Commission that they reach out and try to solve these problems ahead of time. If you walked in and said we have been working with them for two months and we can't get past these issues,then he would say you have the as-of-right,you tried,you did your best,we are going to approve the building. That is a problem for him, and he is inclined to want to defer the building to give the residents a chance to sit down and go over this project. Commissioner Gatto said that this project has no variances,no violations,and the plans were available on September 11,2012. Mr. Schiller said they did get the plans early in September but these are not the plans that are before you today. Those plans had 3 or 4 variances, the building was at 630 feet,and this building before you today is substantially different from the plans that were submitted in early September. To suggest that they didn't avail themselves to a public record is not 100% accurate. They got the plans for the building that is in front of you tonight on Monday from the developer,and the public records from the City Clerk were not given to them until yesterday. Commissioner Gatto asked if it was basically the same concept,and City Planner Hasbun said the process calls for the Applicant to come in and apply,and we have our first set of reviews. When we saw the first set of plans with that amount of variances and issues we went back to them and asked them to try and come in with no variances to the Commission. That is what they did,and the plans eventually evolved over time. Mayor Edelcup asked when the final set of plans came in which they reviewed, and Ms. Hasbun said October 29, 2012. Architect Kobi Karp said just to be clear on this,the project is a variance-free project and they worked diligently with staff and they have met with the neighbors,and it has been properly advertised as a variance-free project. He said the comments that were made by the lawyers are not correct, the building is as-of-right, we are taking great care and diligence and we have been working for months on this. 6