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QUOTE OF THE WEEK

“You’ve got them, whether you want them or not.”
– Bay Harbor Islands Councilwoman Linda Zilber on high-rises

  Last Updated: Friday, August 29, 2008  

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Beach Planning Board Delays Decision On SoBe Height Restrictions

While The Savoy is the only hotel currently planning additions that exceed the limitations within the proposed ordinance, representatives from other buildings such as the Atlantic Vue Towers, the Hotel Simone, Seacrest Apartments and the Villa Luisa argued that the ordinance would limit their rights to modify their property.

 

By Jason Jeffers
Staff Writer 

Armed with photographs and petitions, dozens of South Beach residents showed up at last week’s Miami Beach Planning Board meeting to support an ordinance limiting high-rise development in the Ocean Beach Historic District.

The proposed ordinance, discussed by the planning board on April 23, calls for a maximum building height of 35 feet on lots exceeding 50 feet in width in the R-PS4 zoning district, which encompasses the area east of Ocean Drive and south of 5th Street. The purpose of the ordinance is to make development on that strip consistent with structures in the rest of the community. The current height limit is 100 feet.

The immediate source of worry for residents of the area was the proposed addition to the Savoy Hotel at 455 Ocean Drive. The new plans called for a 10-story tower which critics felt would disrupt the character and look of their neighborhood.

“It’s about preservation of the scale, of the appeal of the neighborhood, of the way of life, and of the reason that people come here to live and to visit,” said Clare McCord, a representative from the Ocean Drive Preservation Association.

Other concerns ranged from maintaining the historic significance of the area to the issue of the shadows that the tower would cast.  Resident Jim Dekis displayed photographs of existing 10 story buildings and the shadows they cast on the beach. “Miami Beach is a sunny place, if you lose the sun nobody’s going to come here anymore,” he commented.  “If it’s cold and dark what are people going to do?”

“It’s important not to continue raping this neighborhood,” added Herb Sosa of the Miami Design Preservation League.

Representatives from Savoy and other opponents of the ordinance were also on hand to request a deferral of the Board’s review.

“This ordinance is overkill and unnecessary,” said Jeff Bercow, the attorney for the Savoy. “The city is placing an inordinate burden on our property in order to correct mistakes of the past.”

While The Savoy is the only hotel currently planning additions that exceed the limitations within the proposed ordinance, representatives from other buildings such as the Atlantic Vue Towers, the Hotel Simone, Seacrest Apartments and the Villa Luisa argued that the ordinance would limit their rights to modify their property.

“You’re asking them to give up the rights that the same people who are complaining now enjoy,” said Carter McDowell, the attorney representing the hotels in question. “If you go to 35 feet, there are rights you will be taking away from the owners. We’re willing to discuss it, but to cap it across the board is not being realistic about the built character of this area.”

The ordinance was proposed by the Miami Beach City Commission in February and passed on to the planning board for review.

However, even before listening to arguments for or against the ordinance, the board decided to defer their recommendation in order to make modifications to the height restrictions.

 “Philosophically, I have a problem with taking away the rights of the property owners,” said board member Joe Garcia. “However, I also understand the concerns of those in the neighborhood.”

“A balance needs to be struck,” added board member Carlos Capote. “35 feet is too restrictive and unfair. 100 [feet] is way too extreme and brings with it problems.”

At the close of the public hearing section of the meeting, the board suggested that parties on both sides of the issue meet and attempt to work out some form of compromise. The item will be discussed again at the next planning board meeting on May 28th.

“We started with 100 foot limitations, and while the board didn’t approve the 35 feet restriction they have called for substantial re-evaluations,” said Kent Harrison Robbins, spokesman for the Ocean Drive Preservation Association. “We’re hoping their final decision will be as close to 35 feet as possible.” Robbins was also uncertain about negotiating with the Savoy’s representatives. “That’s up to Mr. Bercow,” he added.

“I have to relay the results of this meeting to my client and we’ll see what our next course of action will be,” said Bercow after the meeting. “Hopefully we can come to some solution short of litigation.”

 

 

   
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