Town settles on heights

Four landowners have right to build up to 15 stories

Hoping to maintain its small-town charm, Lauderdale-by-the-Sea years ago limited buildings to four stories. But with lawsuits looming, the town agreed Tuesday night to settle the cases, allowing two towers up to 15 stories tall.

Town commissioners said they couldn’t afford to lose the property rights cases, exposing the small budget to a potential judgment of $16 million or more.

The seaside municipality just north of Fort Lauderdale has a more small-town feel than its neighbor to the

south. A giant sign on Town Hall says simply “BEACH” with an arrow to the shore. The Town Commission dais has a maritime design, with marine rope and seafoam-colored beadboard. At Tuesday’s meeting, the description “quaint” was applied to the town at least three times.

There are some tall buildings on the northern end of the town’s coast — on a span that was annexed into Lauderdale-by-the-Sea in 2000. But in 2006, voters imposed a threestory limit townwide.

“Lauderdale-by-the-Sea holds its height limits near and dear,” resident Roseann Minnet said Tuesday night. “They are the heart of soul of the community.”

That effort to prevent more high-rises drew four lawsuits from owners on the northern end, who before annexation could build up to 15 stories. They sued under the state’s Bert Harris Act, which protects landowners from having their property rights taken away by government without compensation.

Under the approved settlement:

• The 99-unit Palm Club, at The Palm Club, at 1438 S. Ocean Blvd., would give up the right to build higher, but the town would spend $3 million providing sewer improvements. The Palm Club currently is on septic systems.

• The El Dorado Club, a 35-unit co-op at 1470 S. Ocean Blvd., would retain the right to build up to 15 stories, but has no immediate plans to do so.

• James Edmondson, owner of the Sea Watch on the Ocean restaurant at 6002 N. Ocean Blvd., would retain the right to build up to 15 stories. He also has no immediate plans to do so, according to the town.

Town Manager Bud Bentley said the landowners were seeking $16 million, and the settlement eliminates that threat.

Commissioner Elliot Sokolow said the judgment could be higher.

“I think it would be grossly irresponsible of us to gamble 16, 20, 30, $40 million on fighting this lawsuit to the end,” he said.

Commissioner Mark Brown said he sympathized with those who might have to live next to towers, losing their views. But he said after researching the litigation tirelessly, he decided the enormous threat of a judgment against the town warranted the settlement.

“I have yet to find a single case since the Bert Harris Act was enacted [in 1995] in which a municipality went all the way to the Supreme Court of Florida and won their case. Every single case has been resolved by settlement,” Brown said. “Not one municipality has been willing to gamble on the outcome.”

Town Attorney Susan Trevarthen said the Bert Harris Act is designed to encourage settlement of litigation. She said the agreement will become effective only if the court approves it.