Neighbors wanted West Grove ‘monstrosity’ of a duplex razed. Miami sides with developer
No one disputes that the duplexes on Day Avenue in West Coconut Grove are blatantly illegal, squeezed so close together that the people living inside could lean through open windows and exchange kisses across the property line. Yet Miami commissioners will allow them to stand.
They voted 4-1 Thursday night to settle a lawsuit over the objections of Ken Russell, who warned that the decision will encourage other developers to thumb their noses at Miami zoning laws.
“If we are not enforcing code we are breaking our contract with residents and it could be detrimental to their property values,” Russell said. “We need to set an example that our code is sacred, especially in communities of need.
“I’m sick of developers taking advantage of our zoning code.”
But commissioners agreed with City Attorney Victoria Mendez’s recommendation not to fight the developer of the properties, despite angry pleas from residents to demolish what they described as “a monstrosity,” “a travesty” and “a monument to greed” and stop the march of gentrification that is stripping Coconut Grove of its character.
“I’m surprised the city would brush the lawsuit under the rug when this was a real opportunity to set a new precedent and show that it’s not OK to skirt the law, disrespect our neighborhood, trash the identity of Miami’s oldest community and devalue adjacent properties all so that developers can inflate their profits and move on to the next place,” said Melissa Meyer, homeowner in the historically-Black West Grove who initiated complaints about the zoning violations.
The houses at 3374 and 3384 Day Avenue — one under construction, the other occupied — are in violation of the required 5-foot setback between property line and exterior wall, which gives 10 feet of breathing space between dwellings. Jammed to the edges of their lots, the two-story duplexes have a total of 4 feet, 10 inches between them on the ground, and less than a foot separates their roof eaves. Houses lacking adequate separation pose fire hazards, degrade property values, inhibit drainage, force tree removal and destroy privacy.
The developer, 3384 Day Investments Inc., sued the city after the city placed a stop-work order on the 3374 site in August 2019. The city halted construction only after Meyer measured the setback and sent a series of emails to former zoning director Devin Cejas. The developer argued that his building plans — identical to others he previously completed in the Grove— were approved by zoning and building officials and it was unfair to force him to undo them. The city acknowledged it erred in granting permission but that the developer also misrepresented the final configuration of the building.
Mendez advised commissioners to avoid a potentially costly court battle that could end in the developer’s favor given what she called an “erroneous” decision by the city and a ruling by her legal department that “3374 Day Ave. is being constructed as to plans and compliant as to setbacks,” according to an email from Cejas, who now works for the city of Coral Gables.
During Thursday night’s meeting, Russell urged his fellow commissioners not to settle, arguing the city had a strong case showing approval of the plans was based on deceptive statements by the developer.
They voted to settle, and requested an investigation into what the city did wrong. The settlement requires slight modifications to the new duplex — filling in some windows and trimming back eaves.
The Day Avenue duplexes have become symbolic of redevelopment in the West Grove, founded by Bahamian settlers who built Miami. Longtime residents have been displaced and their modest homes supplanted by large, modernist, boxy houses — Groveites call it “the invasion of the white cubes” — built to maximize square footage and sales prices.
Meyer, an architectural designer who has lived in the West Grove for 28 years, said the 3374 Day Avenue duplex also violates the setback rule on its north side, where it abuts Perry Frow Drive. She has documented another 40 noncompliant buildings with setback and height violations.
On Ohio Street, where Meyer lives, she is surrounded by duplexes that sell for up to $1.2 million each on lots that used to be home to old Grove bungalows.
Meyer and 115 of her neighbors say they are not giving up just because the city decided to settle. They plan to sue the developer for noncompliance with the code, and demand alteration or reconstruction of the building, according to their lawyer, David Winker.
Winker, who represents Meyer as an intervenor in developer’s lawsuit against the city, also plans to oppose the city’s settlement agreement at a court date next week.
“People are outraged. Anyone looking at this situation knows that it is wrong as it is clearly illegal for the city to enter into a private contract with a property owner to allow illegal construction,” Winker said. “This problem was created by the city and now enforcement falls upon the neighbors? Melissa Meyer had to act as an unpaid building inspector. Now I have to act as an unpaid city attorney and sue for these obvious violations of law.”
