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'Freedom of Beach'

By Bari Auerbach

 

Of all the many attributes of Sunny Isles Beach, residents and visitors alike agree “the beach” is the city’s prized possession. New waves of people are moving from near and far to Sunny Isles Beach for the ocean views; developers investing millions along the east side of Collins Avenue have helped make the renaissance of Sunny Isles Beach a “shore” thing; and thanks to beach appreciation serving as a catalyst for the escalating cost of land in the city, since the city incorporated in 1997, property values have reached “high tide.”

The precious asset of beachfront property and the fact that beaches within Sunny Isles Beach are open to the public were topics focused on at a recent City Commission meeting. On March 19, a resolution passed granting a conditional use approval for the establishment of a beach club at Le Meridien Beach Resort located at 18630 Collins Avenue.

 Judith Burke, the attorney representing Fortune International Hospitality, LLC d/b/a Le Meridien Beach Resort, explained, “A beach club began operating when the resort first opened but [closed about five months ago] when we were advised a conditional use approval was required…[When re-opened] the beach club will utilize the resort’s existing amenities that won’t be altered or expanded in any way… Fortune has agreed to limit use of the beach club to 240 members [down from 1,000 memberships initially offered].

“City staff raised a concern with parking…so additional parking will be provided to accommodate any potential overflow parking issues via a licensing agreement [paying the city] for up to 60 spaces either under the Lehman Causeway or at the Heritage Park garage…All parking will continue to be by valet only…The beach club is clearly compatible with the area and consistent with the city’s comprehensive plan.”
 
Residents of the neighboring Millennium condominium present at the Commission meeting expressed opposition to the beach club at Le Meridien citing concerns including potential overcrowding on the beach; unsightly trash; and hazardous traffic conditions created by additional motorists coming from the north making u-turns on Collins Avenue to enter Le Meridien. Objections about leasing additional  parking spaces to Le Meriden were also expressed based on contentions that city residents could be “short changed” on parking and “go green” initiatives might not be optimally implemented in the designated parking areas. 

Vice Mayor Lewis Thaler and Commissioner Gerry Goodman also brought up the need to monitor Le Meridien’s compliance with the city’s beach chair ordinance regulating how many chairs beachfront properties can have in a designated area within specified timeframes. City Attorney Hans Ottinot noted patrons have the freedom to relocate chairs to any location on the beach as long as the chair(s) are occupied.

In response, Burke emphasized, “As to the beach chair setup, any regulations in effect in the city will be respected…[Regarding] the parking situation, we don’t feel we’ll ever need to use a single space [but] we’ll be paying the city for use of the spaces…Any cleanup activities needed on the beach will be stepped up… Fortune will make sure management adheres to all regulations…We want to keep Le Meridien a beautiful resort for our guests and Sunny Isles Beach.”

Assistant City Manager Jorge Vera noted that a code enforcement officer patrolling the beach currently performs sporadic checks at least four times a day at various hours. Beyond issuing warnings and tickets for code violations, Vera said the city could also potentially do the “cleanup” and charge the property owner for it.

In order to provide evidence that the beach club at Le Meridien does not offer more than 240 memberships, Burke said quarterly or semi-annual membership reports could be supplied to the city.

Addressing beach overcrowding concerns, Commissioner Roslyn Brezin noted, “This is a public beach…But if I were going to a public beach and it was so uncomfortable to be on that beach I wouldn’t want to be part of your beach club…This is at the discretion of the individual…We have several beaches that are open and spacious - if this area is crowded they can go to other areas.

“We’re concerned about issues brought forth about Le Meridien’s responsibility to keep the beach clean…We’re going to check this and listen to complaints. If anything should happen, we will have an inspector sent out. We don’t want garbage and we don’t want dirt. The beach has to be cared for and monitored.”

Just before the resolution passed granting Le Meridien’s beach club request,  Commissioner Goodman reiterated the “freedom of beach” philosophy: “The beach is a public beach…[the city] doesn’t own it. People from anywhere have a right to come here and use the beach.”















































 

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