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May 12, 2008 11:16 pm US/Eastern
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Court Strikes Down Condo Project Near Vizcaya
COCONUT GROVE (CBS4) ―
Residents who wanted to maintain a quiet residential lifestyle in their neighborhood near Vizcaya may get their wish, after a court appellate panel nullified Miami City Hall's approval of the controversial 300 Grove Bay Residences condo project.
"They stood toe to toe with Goliath and David won," said Miami Commissioner Marc Sarnoff.
Sarnoff used a Biblical comparison on how the residents of Coconut Grove defeated perhaps the most successful developer in the country—The Related Group.
"There is no way you can bring this project back to commission because there is a spot zoning issue," said Sarnoff.
The now dead proposal would have brought a trio of thirty-plus story luxury towers to Coconut Grove. Mercy Hospital, which owns the land, was looking to cash in. The developer was eyeing a prized view of our city.
Many in the community though were against it. Despite some heated commission meetings, the city approved the plan in April. Following the vote, Commissioner Michelle Spence-Jones was accused of having her vote bought--an accusation she denies. Now the court of appeals says the commission all together was wrong.
In a 2 to 1 ruling, the court accused the city of spot zoning when one, "Creates a small island of property with restrictions on its use different from that of the surrounding properties--solely for the benefit of a particular property owner."
They couldn't find any similar project in not only the vicinity of Mercy Hospital, but in all of Coconut Grove.
The court also took issue with the mayor for "off the record talks".
"Petitioners (Vizcayans) were deprived of their due process rights when the Mayor engaged in ex parte communications with the Respondent (that's the Developer the Related Group) after the conclusion of the hearings."
Sarnoff believes the decision will be the final chapter in what has proved to be quite a controversy.
"I think it's a ruling that sets the tempo for the next couple of years and I hope that developers will respect the neighborhoods a whole lot better than they have."
The Related Group has not responded to our requests for comment.
Miami Mayor Manny Diaz says they will review the decision and decide what course of action to take next in upcoming days.
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