Commission ‘Votes for Views’
By Bari Auerbach

In keeping with the goal to preserve view corridors along the east side of Collins Avenue, the Sunny Isles Beach City Commission recently denied a variance request for Trump Towers I, II and III. .

The development slated for 15811/15901/15996/11601 Collins Avenue will have 813 units covering three 39-story condo towers. The variance requested by TRG Sunny Isles, LTD at the June 9 City Commission meeting pertained to permitting a building width of 825 feet. Pursuant with city codes, 250 feet is the maximum building width as measured parallel to Collins Avenue for a building or portion thereof which exceeds 20 feet in height above grade.

In a memo to the City Commission recommending denial of the variance request, planning zoning director Jorge Vera wrote, “The proposed development and design is out of scale with the existing character and development pattern on the east side of Collins Avenue. The development would result in significant reduction of ocean view corridors and beach access which there is a lack of at the southern end of the city. The project will further eliminate potential open space areas for the residents of that area of the city. In staff’s opinion, the development can be designed to incorporate the needs of the owners as well as those of the residents of Sunny Isles Beach. Therefore, staff recommends denial of the applicant’s request.”

Vera also recommended the applicant should re-design the project and create separate sites independent of each other - thus creating more open space between the towers and reducing the building frontage along Collins Avenue. Denial of the variance request automatically required that the proposed site plan as well as requested transfers of development rights be deferred until such time as a revised site plan is submitted for review in compliance with the provisions of the Sunny Isles Beach development codes.

‘Developer’s viewpoint’
Speaking on behalf of TRG Sunny Isles, LTD., attorney Joseph Goldstein, Tom Daly and architect Charles Segar maintained the proposed site plan was in the best interest of future residents of the development as well as the city in general.

“The [TRG site] was formerly the Days Inn property and La Playa Varadero I and II as well as the Fountainhead motel occupied by give or take between 525-550 units since the 1950’s,” Goldstein said. “This 7.92 acre parcel of land is unique to the city…We’re proposing an 813 unit project [comprised of] three condo towers on top of a single platform. [The developer is] providing features [the Commission has] encouraged in Sunny Isles Beach [such as] a 10,000 square foot [public] park on the beach; and [substantial] beach access.”

“We apologize for coming to you tonight with the ‘v word’ – variance,” Daly said. “But we disagreed with city staff and consultants and felt this project would be better with a flat pool deck…We believe from the street you can’t tell the difference.”

Segar added, “[The variance] is a very simple request and it doesn’t amount to anything onerous at all…When you look at the two elevations side by side - the one without the variance and the one with it you’ll see it’s totally imperceptible and pedestrians walking along the street will not see that raised platform.

“The site plan as submitted with the variance shows a large pool in the center [of the development] where the pool deck is totally flat - and then a section between the towers where you can see a raised portion we’re asking for that makes the pool deck flat. We’re trying to raise this pedestal up so it meets the pedestal behind the building…We believe it’s a better building for people who will be [residents] and that it’s not detrimental to the city.

‘No hardship – no variance’
“We had passed liberal zoning codes in this city years ago and we spent many agonizing hours trying to accommodate the needs of developers and the needs of the people,” Mayor Norman Edelcup said. “What evolved was actually probably one of the most liberal [zoning] codes in all of South Florida - but we have to continuously balance the needs of the developers with the needs of neighboring [residents].

“Even though [TRG Sunny Isles, LTD] may say, ‘This is a better building for the people who live in it’ – we as Commissioners have to determine if this is a better building - not only for the people who live in it - but for the people who live around it.

“I believe [this Commission] sat diligently and honestly trying to come up with a liberal code meeting all the [zoning] requirements up front so we would not be confronted with variances. Variances have to meet all the conditions of a ‘hardship’ and there really is no hardship when you’ve acquired this much property. This is a ‘self-induced’ hardship and this land has enough space on it to provide for many different designs – all of which can be beautiful.”

Florida Courts have held that a legal hardship will be found to exist only in those cases where the property is virtually unusable or incapable of yielding a reasonable return when used pursuant to the applicable zoning code.

‘Unobstructed views’
“Our aim is to prevent a structure from creating a ‘mass scale’ that would prohibit beach access and block our ocean views,” said Commissioner Roslyn Brezin. “The requested variance is a result of the applicant’s acquisition and aggregation of five separate parcels to create one development site with a 900 foot frontage on Collins Avenue. I can’t possibly conceive of anything like this being an asset or thing of beauty…[The developer] is creating the very thing that this Commission was against from the very beginning.”

Commissioner Danny Iglesias concurred stating, “I don’t like this variance…I think what the Mayor and Commissioner Brezin are trying to tell Donald Trump is: ‘He’s fired!’ Sometimes a variance makes the building better – but the Mayor said it correctly…We have a series of standards for variances that we have to abide by -and unless there is a ‘hardship’ we can’t approve it. I would suggest you lower your pedestal and have no variances…then you can move forward.”

Vice Mayor Lewis Thaler noted, “You really must go back and rethink the project you’ve put in front of us. I believe you’ve taken away view corridors…and this is what people have come [to Sunny Isles Beach] for.”

Later in the meeting, Commissioner Gerry Goodman posed questions regarding traffic flow and parking concerns that were addressed by the developer, working in conjunction with the Florida Department of Transportation and city staff to find optimal solutions.

‘Motion to defer’
“It’s quite apparent [the Commission has a problem with the variance request,” Edelcup said. “We’re basically going to have to move for a deferral - so if [the developer is] going to present a new site plan then we can move forward.

“When we put our zoning codes and Land Development Regulations together - one of the reasons we came up with a liberal code was to get rid of those old two story motels that were a blight on the east side of the city. A major tradeoff for that was that we would allow ‘tall skinny’ buildings with view corridors and beach accesses. That was the promise that this Commission and previous Commission here before us made to the public…I think we’re duty bound to live by our promise to the public and we have to keep that in mind when we’re looking at this project or any other projects.”

Subsequently, TRG Sunny Isles, LTD agreed to modify the site plan in accordance with city codes and present the changes at the next regularly scheduled Commission meeting on July 14.

Citizens approve
Speaking on behalf of the Sunny Isles Beach Citizens’ Coalition, Henry Kay stated, “Citizens of Sunny Isles Beach expect [to enjoy] a quality of life under which they will continue living…Come September, anyone who might have an idea of filing to run against any of the Commissioners - I [along with] my group will fight ‘tooth and nail’ to retain these people who stand for our quality of life. Even though we may sometimes disagree, what we’ve heard in this particular hearing is absolutely the clear cut essence of how we want commissioners to address problems that face the city.”

Bayview Drive resident Edith Sanquest said, “I lost sleep over this issue and thought, ‘How can they do this to us?’ I thank [the Commission] for your understanding. Developers try to persuade you to go along with them but I hope you’ll always remember we are the ones who elected you and not the developers.”

Resident Dr. Steve Zucker also noted, “I don’t want to see this place go from Sunny Isles Beach to ‘Shady Isles’ or ‘Trump Town.’ I think it’s very important to try to make sure there’s enough width between the buildings…Let people see the sunshine Sunny Isles Beach is known for.”

Pier Park news
During the June 9 Commission meeting, it was decided Pier Park will be closed for six months while construction of La Perla condominium entrance is completed. In lieu of the city collecting approximately $12,500 in monthly parking revenues from the developer that will be lost while the park is closed, an agreement was drafted to channel the revenue towards the cost of expedited construction in order to help ensure closure of the park does not exceed six months. Located at 16699 Collins Avenue, La Perla will be a 40-story, 332-unit condominium developed by Cornerstone Properties.

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