HomeMy Public PortalAboutLTC 187-2022 -Bellini Condominium AssociationBAL HARBOUR
V I L L A G E
OFFICE OF THE VILLAGE MANAGER LETTER TO COUNCIL
IBOMF-630 ►00
To: Mayor Jeffrey Freimark and Members of the Village Council
From: Jorge M. Gonzalez, Village Manag rrrl/
Date: December 1, 2022
Subject: Bellini Condominium Association - Petition for Writ of Certiorari
The purpose of this Letter to Council (LTC) is to inform you of the following, on November 30,
2022, Bellini Condominium Association, Inc. filed a petition for writ of certiorari challenging
Resolution 2022-1503, the Village Council's decision to affirm the decision of the Architectural
Review Board to issue a Certificate of Appropriateness for the redevelopment of the Carlton
Terrace condominium. The Village Attorney's office has determined thatthe petition was timely
filed.
The Village's response will be due only when (and if) the Court issues an order to show cause.
Bellini asks the Court to quash the Commission's decision on various grounds. Bellini first
contends that it was not afforded procedural due process because Council Member Sklar did
not recuse himself. Next, Bellini asserts that the decision departed from the essential
requirements of law because: (1) the ARB did not follow its procedures; (2) the composition of
the ARB was deficient, due to the resignation of Ms. De Halfen; (3) the ARB decision does not
adhere to the standards for a Mixed Use Building; (4) the ARB decision does not adhere to
standards respecting construction seaward of the Coastal Construction Control Line; and (5)
the donation of $2 million towards improvements for the jetty was improper. Lastly, Bellini
contends that the Council's decision is not supported by any competent substantial evidence.
The Village Attorney has informed the applicant's counsel of this challenge. We will keep the
Village Council informed of any future developments in this matter.
J M G/ST/M H