Second pool approved for Porto Bellagio
By Bari Auerbach

Porto Bellagio is "in the swim of things" following the City Commission's unanimous approval of a variance request facilitating the addition of a second community pool on the east side of North Bay Road.

Porto Bellagio, located on both the east and west sides of the 17100 block of North Bay Road, was recently acquired by the firm of Porto Bellagio Partners, LLC. At the July 8 City Commission meeting, city staff recommended approval of the addition of a second pool with conditions to help alleviate safety concerns regarding children crossing a heavily trafficked street to swim at the existing Porto Bellagio pool on the west side of North Bay Road.

Safety Concerns Afloat
Dave Metzner, director of development for Porto Bellagio Partners explained, "This request is based on the fact that we have over 200 residents (including children) in 156 of our 500 units that have to cross at a dangerous 'S' curve on North Bay Road to utilize our only swimming pool on the western section of our property. Our company has just purchased the Porto Bellagio community and is in the process of turning it into a condominium, which will substantially enhance the appraisal values for real estate taxes, without any additional impact for services from Sunny Isles Beach, the school district or the county."

Jorge Vera, the city's planning and zoning administrator, further noted, "The applicant is requesting a variance [to build] a swimming pool on the side setback.The applicant purchased the development, which contains structures on the east and west side of North Bay Road. The development has a total of 500 units of which 156 are on the east side of North Bay Road - the pool amenities are located on the west side.

"When the development was originally approved, there was no consideration for providing pool amenities for the east side of North Bay Road. The developer has observed that the lack of amenities on the east side of the development, in their opinion, creates a safety issue for the residents - especially children crossing the 'S' curve on North Bay Road which may be a hazardous condition.

"To address the concern and variance, staff made visits to the subject site. In our opinion, there are special circumstances particular to the development along the 'S' curve on North Bay Road. The traffic has increased significantly, thereby creating a hazard for the residents and children trying to cross the road to use the pool amenities on the west side.

"Staff acknowledges this condition alone creates a major safety issue that has not been addressed since the re-location of the roadway. The applicant did not have the opportunity to design this development and address the safety concerns as well as meeting the requirements of the code of Sunny Isles Beach since the development was completed prior to purchase.I find this request to be a unique circumstance that has no comparable [scenario] in the city at this time - therefore [staff] recommends approval subject to conditions."

Ultimately, the City Commission voted unanimously to approve the second swimming pool after North Bay Road residents testified to the hazard created by children crossing the street to use the pool on the west side.

Prior to being swayed by residents' commentaries, Mayor Norman Edelcup and Commissioner Roslyn Brezin voiced concerns about the possibility of setting a precedent for granting future variance requests.

Mayor Norman Edelcup:
"I really believe the safety issue is a camouflage to get something across to make the condo more easily saleable," Edelcup said. "They have the same safety issues in other buildings where children have to cross the street to get to the ocean or a pool.

"We're not supposed to be granting variances from our zoning unless there is really a hardship related to that piece of land - and it didn't have a hardship on it when it was first constructed. The owners of that project at that time determined they did not want to put a pool on that side of the street.What would prevent us from having similar cases in the future where someone comes in and says, 'By the way - I've forgotten I need a pool on this side and now I need a variance because of hardship.'

"In my estimation, this just does not meet the criteria of the hardship related to that piece of land. It only relates to a hardship that the second owner wants to have a pool - and when it was first built there was no pool. We would be going down a slippery slope in the future with others coming in [for a variance] saying they want a second pool because they have extra people living [in their community]. I don't believe this property has a hardship related to the property itself.it's a 'self-induced' hardship the developer [has] created himself and not a hardship that was part of the property when he inherited it."

Commissioner Roslyn Brezin:
Brezin added, "What's fair for one is fair for somebody else as well.There are many complexes where we have more than one building. All of a sudden, they can say, 'We no longer want to share one pool we want to build another over here'.I don't think it's a precedent that we would like to set."

Brezin went on to say, "I agree there is a curve there [on North Bay Road] where it is difficult to observe the oncoming traffic. However, my feeling upon examining this was [on Collins Avenue] we have many children in our complex [Arlen House] on the west side that go to the ocean and everyone's aware of the traffic we have on A1-A.We've solved it - we have crosswalks and a light there.I don't feel it's necessary to add another pool [at Porto Bellagio] and change the original site plan approval because of that existing [traffic] danger we could deal with in the future in another way."

Commissioner Danny Iglesias:
Iglesias pointed out, "In this particular case when you weigh the [side setback] reduction which is ten and a half feet to the side of the property against children crossing the street against an 'S' curve - I don't see how it would be detrimental.This is a clear example of a variance where there is a unique situation.I wouldn't have a problem with a pool there."

Vice Mayor Gerry Goodman:
Goodman concurred with Iglesias stating, "I don't have a problem with [the second pool] either.The present owner did not develop the property.If we all remember, there were three sets of plans done by Dade County on that property.[There were] originally supposed to be two tall 30 story buildings.Dade County also made that road crooked.[The applicant] is not taking away any parking spaces or doing anything of detriment and our staff recommends it."

Commissioner Lewis Thaler:
"I understand where the Mayor is coming from but I have to agree with [Vice Mayor Goodman]," Thaler said. "I truly believe that times change and things change and what they've done here is create something different than the original intent of these buildings. I don't see any problem with [the second pool]."

During a public hearing, residents of North Bay Road made the following commentaries:

Lila Kauffman, former City Commissioner:
"I think circumstances have changed from the time [Porto Bellagio] was a rental and now the makeup of the building has changed just as much as Sunny Isles Beach. Where we didn't have a lot of children in our buildings - we now have many. I defer to [Jorge Vera's] recommendations because I think he thoroughly investigates [zoning requests]. The stipulation is safety.I'd much rather see a second pool than see a little child trying to beat the traffic."

Kathleen Kennedy:
"The pool is for the condo.Where are these people who are investing in the 'City of Sun and Sea' going to go to the pool? Don't be dictators here.Let's make everyone happy here in Sunny Isles Beach.By the way, we need [street] lights on the corner.There are no lights there at night time."

Mary Ann Eicke:
"That's why I think we do have variances - because we have needs that are special needs and we're trusting [the Commission] to do what's best for the city.I live on North Bay Road and I stop everyday to allow children and workers to go back and forth [across the street]. It's a continuous thing and during the summer it's even worse. We may even need to get somebody out there to manage traffic.and maybe add in the deal that they could give us some lights back there."

In response to requests for street lighting, Metzner said, "We do have a lighting plan already in place will be installing quite a bit of lighting within the next week or two [from July 8].

Unanimous Approval
After the public hearing, Brezin said, "I've always listened to the voice of the people and in light of the fact so many have spoken who live in the area and are familiar with that particular street - I respect them. We have to look out for the well being of everyone in other condos as well - but in view of the fact you have come to voice [your concerns] I'll vote in favor of [the second swimming pool].

Subsequently Brezin made a motion to grant the variance request which was seconded by Iglesias and also approved by Edelcup, Goodman and Thaler.


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