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 Commissioner Scholl said he agrees that it is as-of-right but he just thinks procedurally you have got to deal with your neighbors, he is not saying you have to agree with them,just to give them their due. Kobi Karp said he is just listening to what the lawyers are saying,if you are able to reduce your height,or reduce your density,or reduce your FAR,they are basically asking for a completely different project. We have been working with your staff diligently, the comments being said right now are completely false about the setbacks, it was advertised and they could have taken a look at it. He said he lives in Ocean Four and there is the DaVinci that was there, and so it is not something new. It is a project that was submitted to the City Planner two or three months ago and has been in discussion. Mr. Gimenez said the plans were made available to them this week,all they are asking for is a simple deferral for 30 days. Commissioner Gatto asked if the structure changed that drastically,and Mr. Gimenez said that is irrelevant because they have not met with the developer. He further said they requested a meeting with them October 29, 2012 and there have been delays until two days prior to the hearing. Mr. Schulman said that Mr. Schiller can't blame them for delaying the meeting, it was a problem of getting two boards together. His people were available the following day,he will not have it insinuated that they intentionally tried to delay it. The plans that have been available for two and half months were a taller building,with more units, and six variances. He could have walked over to City Hall at any point in time and gotten the revised plans,he could have called the City Planner and gotten a copy of the DRC Report which is public record. The final report came out a week ago but there were interim reports. He thinks they have a responsibility too since they are the ones that emailed the City on September 11,2012 and said what is going on, and were told to come on over. Mr. Gimenez said he didn't have time to discuss anything. Vice Mayor Thaler said that this morning he had a meeting with them, there were three (3) items that were laid on the table and he arranged a meeting with the City Attorney and he personally sat and went through those three items with him. Then we had a meeting with the Board President and Vice President and only those three items were brought up,and they had to do with the variances that were supposed to be there,and in his mind they were cleared up. He has only one problem that has not been brought up yet, and that is what do we do with all the cars in the parking if there is a breakdown,and where do they go? Mr.Karp said that they have met with the Building Department, and what happens is that it is basically a delay system, it is all connected with electricity and to a backup generator with its own power. Therefore,if the power goes off in the City you can take your cars out and continue to operate. It is a very sophisticated system, and it is requested that we give not only the vendor and supply but also the operator and they have already gone ahead and done that. They have already been accepted by the Fire Department,they have been installed repeatedly already in Miami-Dade and Broward Counties. The project has a smaller footprint,a smaller pedestal, gets all the parking within a conditioned space,is protected from the elements,and it is just a much more superior system. Vice Mayor Thaler asked where are the 134 cars going to go if there is a breakdown,and Mr. Karp said inside the garage. He said they all come in and if there is a breakdown they are able to be driven out. There is an opening and you can drive them out and they are connected to a backup generator. Vice Mayor Thaler said in some areas he agrees with Commissioner Scholl 7