Grove Isle lawyers fault developer’s latest plan

As announced on this site on 15 January, the Board of Directors of the Grove Isle Condominium Association received notice that the Developer had received approval of the five story plan submitted to the City of Miami.  The City Zoning Administrator determined that the proposed five story plan for 62 condominiums and a new club is consistent with Miami 21, the current zoning law.  The Board of Directors, through their attorneys Weiss Serota, appealed this determination on 31 December.

The appeal (click to open) is presented in full below.

grove isle t5r

Grove Isle is zoned T5-R

In summary, the appeal argues that the current zoning, T5-R, for 4 Grove Isle is 100% residential.  The current club is a for profit facility open to the public, including those that do not reside at 4 Grove Isle (i.e. those residing at 1, 2 and 3 Grove Isle).  In its current location, it is non-conforming regarding the zoning ordinances since it was built and opened long before Miami 21.  However, to relocate it to a site on tennis courts facing the marina, it must conform to Miami 21.  And as a commercial entity—restaurant, store, spa, etc.—it does not conform to Miami 21 since Miami 21 requires only residential units in this location (zoned  T5-R). 

grove isle appeal

Grove Isle residents appeal developer’s latest plans (click image to open)

We look forward to hearing the response and will share it when it is available

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16 thoughts on “Grove Isle lawyers fault developer’s latest plan

  1. […] the City’s Planning Administrator’s decision and argued that developer’s plan was non-compliant with Miami21 planning regulations (click  for earlier post).  To which the City has replied that […]

  2. 75 says:

    Developer. 10. Condo. 0. First quarter

  3. Paul H says:

    Does this appeal mean that if we win there can be not club, restaurant, spa etc built?Please respond

    Paul H Building 1

    • Simon says:

      … the developer’s latest plan to move the club to the tennis courts is not in compliance with Miami planning regulations. Who knows what he will propose next.

      Perhaps the Association should consider building a replacement club, restaurant, spa over the big lot next to Building 1?

      • GuilliganGI says:

        Simon, seriously???

        • Simon says:

          I think like others that all creative options should be voiced especially as GI residents will be spending 10s of millions on demolition and rebuilding. The developer’s Jetson spaceport is flawed by law, planning, style, size and location. And for example, some residents want a more space for the gym. Let’s be creative about finding options and letting the Board know.

          • Maria Camila P says:

            ???????
            Simon, we are not the ones looking at spending 10s of millions in demolition. Its the developer who wants to demolish. We already have an amazing gym that is always empty in bldg 1. You need to get better acquainted with the island, the residents and the characters in this soap opera. I doubt there is even one resident that would consider building over the parking lot where the picnic area and dog park are located. Seriously.

            • Simon says:

              Good morning Maria,

              I love dogs, I go to both gyms, I BBQ often, I defend my neighbors and believe in community.

              But maybe I am missing something. A great deal of effort is going into preparing for the 40-year assessment which will involve extensive demolition and rebuilding of our decks, car parks, pool etc… this demolition and rebuilding will take years and cost 10s of millions. This work is going to keep the Board very busy. The developer’s propositions are game changers. Given that we will have to shoulder these massive costs and live through the hassle of these major works in our condo anyway, should we not be thinking outside the box?

              I did not suggest building over the dog park or the picnic area. I merely suggested that a sizable parking lot may be considered an important asset in a exercise to preserve values on the island (especially if we are rebuilding the covered car parks anyway).

              It is unfortunate that we are so dependent on an outsider. This person may end up being responsible for the re-branding of the island and therefore shape its new identity. Maybe it is time we took REAL control of our own amenities? Especially if the developer’s offering is going to be bogged down in a decade long legal dispute.

              Perhaps it is only by looking flexibly at ALL possible options regarding ALL cherished amenities on the island that we may reduce our dependence on someone who has clearly demonstrated not to have our best interest at heart.

              • Harry N. says:

                Simon and Joao,

                We should not ever rely on an outsider to do our work. What I mean is that we have to pay for the 40 year evaluation, repairs, etc. It is the owner’s responsibility to pay for any repairs or remodeling or certifications. I hope my neighbors are not trying to sell us out to a developer just to avoid our responsibility of paying for what is long overdue. this would ruin our lifestyle, property values and the reason why we purchased here in the first place. Just the drop in property value alone is a reason why we need to consider going the way of an assessment and block any plans for reconstruction in Grove Isle 4. The assessment will more than pay for itself. The reason we are in such a state of disrepair is because for years we have avoided paying for anything. This mentality has to stop. Either residents pay, get a second mortgage or move out.

                The association must have something set aside for these issues and we have to pass a special assessment. To negotiate this with the developer is crazy. HE IS NOT THE SOLUTION TO OUR PROBLEMS. DON’T MIX THE TWO ISSUES TOGETHER.

            • Maria Camila P says:

              I agree with Harry. Harsh but true. Remember, the developer may still be on the hook for $10MM. He should be the one trying to negotiate and make nice with us!!

              • Simon says:

                Hi Harry and Maria,

                Just to clarify I at no point suggested that we ask the developer to sort out our problems. This is our mess and we need to find the best way to fix it ourselves.

                I was simply making a connection between the assessment work we must do and maximizing values as a result of this huge work. There must be some value that has not yet been exploited for our benefit. If the developer can break all the rules — why can’t we…

              • Joao Crestana says:

                Agree with Simon.

                I do not expect that someboy do what we have to do. We should plan, organize and do it by ourselves. Our problems are ours.

                But we should not ignore alternatives in an environment that, as we are learning, may have an unfair procedure for its decision.

  4. GuilliganGI says:

    I agree with you Harry. How can the City be so negligent and one sided every time they give an opinion on behalf of the developer. How come we still haven’t heard back from the city regarding the legal memorandum, but somehow, the city moves really quickly when it comes to Avila. Doesn’t surprise me really. After all, it’s Miami.

  5. Johnnie McDonald says:

    Having one color including the railing would look better. Having a dark color only draws attention to out dated look.

    Sent from my iPhone

    >

  6. Harry N. says:

    Wow. Good news. This new board is finally on top of things. Makes me wonder what the hell goes on at city level when mistakes of this kind are made. In our case, too many in favor of the developer. For those of you who think this guy plays fair, this should be a wake up call. For those of you who think legal counsel is a waste of money….think again. Weiss & Serota 2. Greenberg Taurig 0.

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