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ENRIQUE NORTENS SOUTH BEACH SPITE BUILDING
September 10, 2014
By David Arthur Walters
MIAMI MIRROR
Starchitect Enrique Norten of New York vocally sneered when he looked down his nose and
told South Beach residents assembled at a town hall meeting that a cheap hotel could be
erected on the last available beach front property, situated at 321 Ocean Drive, made available
because of the demolition by neglect of the historic Simone Hotel.
His clients, New York developers David Arditi, Joshua Benaim, and Tim Gordon, refused to stoop
to such depths. They threatened to sell out to hotel interests, pack their carpetbags and leave
town unless a zoning amendment advocated by Commissioners Ed Tobin, Esq. and Jonah
Wolfson, Esq. was passed to raise the maximum height of the special little historic district to
100-feet so the developers could squeeze in a massive luxury condominium complex between
two low-rise condominium buildings.
That way, the developers could cash out quick on Nortens two enormous glass boxes, which
would have nothing to do with the precious Art Deco history in the area, taking advantage of
the risky Miami area condo boom before it went bust again, as its booms inevitably do,
whereas hotel interests would have to invest for the long term. The sale of the top condo unit
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alone for $25 million would more than cover the $18 million dollar construction cost for the
two buildings in the complex.
Frank Del Vecchio, Esq., a federal housing development and urban renewal bureaucrat raised
the Hotel Noise Scare. He had retired to South Beach to live and preside over the old
condominium building at 305 Ocean Drive just south of 321 Ocean Drive. He was soon
motivated to complain about noise, vagrants, feral cats and trash, contribute to government
affairs as a sort of shadow city attorney, and become a highly respected authority on local
zoning issues. Lobbying attorneys are actually afraid of him, taking care to get him on board. He
could have successfully run for political office, but claimed his constituency was the poor, of
which there are very few in his swank neighborhood, where he seems to actually represent the
rich whom he rubs shoulders with daily.
He would lead a dozen or so mature neighbors to vigorously support the nice boys plan for a
residential condominium complex, providing that the wealthy new condo owners could not
rent out their units for less than six months, and that potentially noisy accessory uses such as
restaurants and bars would be prohibited. A zoning amendment was not really needed to
restrict those usages.
Hundreds of millions of dollars had been created out of thin air by lawyers lobbying for high-rise
zoning in the exclusive area. What Del Vecchios developers wanted was the money that
additional height represented. That additional 25 feet in height was prohibited by the current
zoning, wherefore he drafted a zoning amendment and lobbied vigorously for its passage.
Although the zoning amendment was intended for the immediate exclusive benefit of the
developers and investors in the so-called 321 Ocean Enrique Norten project, it laid the
restrictive provisos down for the entire three-block stretch in the little zone, which was already
fully developed for years to come, to preserve the appearance that it was not spot zoning.
Incidentally, the three-blocks would be four if the long park in between Del Vecchios building
and the Marriot Hotel, against which he had made noise complaints, were counted.
Lucia Dougherty, the top High-Rise-Power Lawyer with Greenberg Traurig, was retained to
obfuscate the appearance of impropriety with a rather absurd assessment of the factual
situation on the ground, over which a casuistic argument was stretched to create the
appearance that sound legal principles were applicable to so much nonsense. Assistant City
Attorney Gary Held detected the fault but did not dwell on it, embracing the conclusion as his
own, which was the sensible thing to do given the institutional blindness if not systemic
corruption of the professionals concerned.
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The maximum height for the historic waterfront district had been raised to 75-feet by a zoning
amendment back in 2002. A motion to limit height to 55 feet after the first 115 feet of lot depth
was defeated. The 75-feet limit would only be permitted on a line-of-sight basis after the first
60 feet of lot depth, set at 35 feet. However, where lots were broad or narrow lots aggregated,
as would eventually be the case for 321 Ocean Drive, the maximum for the entire length was
set at 35 feet.
Clearly, residents of the City of Miami Beach, and especially residents of its south end known as
South Pointe of South of Fifth, and most particularly the short stretch of beachfront therein,
were opposed to any further erection of tall buildings whatsoever on this precious little stretch
of ocean frontage. Indeed, David Dermer, a condominium and parking ticket lawyer, had ran for
and won the mayors set on an anti-high-rise campaign plank. Of course there always seem to
be one more high-rise building needed, yet another ladder to heaven, the last one before
maybe the last one, to accommodate the tendency of social animals to swarm to honeycombs
and caves, until everyone is overshadowed. Dermer, now long gone, would soon be
photographed embracing developers at the foot of the last of the last of the last towers.

Before-and-After: Ocean View from 345 Ocean Drive marred by 321 Ocean Enrique Norten project
The constitution of Cuba looks good on paper, and so did the plans as presented by Enrique
Norten, especially to mature people frightened by the possibility of more noisy tourists in one
of the most popular tourist destinations in the world. So what if the developers were the only
ones benefiting from the rezoning because the zone was otherwise fully developed for decades
to come?
What about the negative economic impact on the spectacular views from the top floors of the
100-foot condominium building at 345 Ocean Drive? The zoning magicians conveniently forgot
about the views from that structure, erected before the heights were limitedGreenberg
Traurig cavilers even said the zoning would benefit it!
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As can be seen from the before-and-after photographs from one apartment there, the view has
been ruined for the purchasers who bought the unit believing the zoning would protect their
valuable view. Appraisers know that people with money pay higher rents on the beach for good
views. Views from specific locations are one of the most important determinants of home
values. Urban highrise residences are very sensitive to view attributes. Units on higher floors
with expansive views unobstructed by neighboring buildings command higher sale prices.
Now the value of the view lost at an apartment at 345 Ocean Drive would be at least $500 per
month, $6,000 per year, or $180,000 over thirty years. Take that times a dozen apartments and
the damage is well over $2 million.
Although it is incredibly difficult to obtain compensation for this sort of thing after the train has
reached the station, a lawsuit is presently under consideration and may be filed depending on
the results of detective work. Something stinks, is the word on the Drive now that the sleight-
of-hand deed is done.
It has become an open question as to whether Del Vecchio, a clever octogenarian, was
snookered by the nice city slickers or whether he got some quid pro quo other than retaining
the glorious view of the park and beach from his own building, the apartments therein having
their backs to the new development, while sticking it to the building on the other side of the
project. My own view is that his tendency to contribute to public causes and negotiate
compromises in order to please everyone concerned, which has gained him a great deal of
respect, made him the willing tool of the youngster developers.

Franks building, view of park from lanais (left). View from side lanais of building to north (right).
Enrique Norten, after he virtually spit at the notion of building a cheap hotel on the site,
might have suggested that a talented starchitect such as himself could design an attractive
luxury hotel within the envelope allowed by the current zoning.
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Instead of the cheap glass boxes he proposed, he is certainly qualified by talent if not by a
Florida architects license to design a building that conformed to the historical development of
the zone, which is adjacent the Art Deco district on Ocean Drive. Eyelids to shade the windows
would suffice, or perhaps the cake could be topped off with a hat: a ziggurat, turret, cupola,
pinnacle, or a raised parapet wall. In fact, hotel space was very much in demand, so the highest
and best use of the property is an open question to be answered by appraisers. Special zoning
restrictions are not the only way to curb potentially disturbing accessory uses; there are other
legal ways to skin the cat. On the other hand, the international starchitect could have designed
a stellar townhouse affair, for which the Historic Preservation Board could have required
restrictive covenants to be written to eliminate accessory uses. In either event, his design could
have been more considerate of the neighboring building to the north.
Never mind, what was wanted by his tricks was more height for the money. Risk to the
adventurers is minimized by getting at least half up front in deposits because depositors are
unlikely to walk away from that much money. Finish off the building, collect the rest of the
money, pocket the profit and walk away. That is what nice boys do. They make a killing.

So the fabulous 321 Ocean Enrique Norten is being topped off despite the general will of the
community that deliberately limited any further construction in that historic zone to 75 feet.
The magicians say the massive complex squeezed in between two short buildings suits the
comprehensive plan, but the plan is incomprehensible. There is really no comprehensive plan or
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rational basis except rationing out more wealth to the power elite. What we have here is ad hoc
zoning, ad hoc historical preservation, all for the love of money. The design of 321 Ocean
Enrique Norten has nothing to do with the history of the zone appreciated by the community
and the world. Already the spite structure is irritating neighbors with property stakes,
obstructing views, blocking out light, in defiance of the best interests of the community. The
disregard that worked this wonder is malicious if not the product of sheer stupidity.
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Previously, Simone Hotel
Alternatives: Reproduce Simone Hotel, Beach Access Plaza, Green Space, Community Garden, Memorial