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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