Clock Ticking on Appeals for Proposed Old Marco Restaurant

The recent vote of the Marco Island Planning Board, which approved an amended Site Development Plan for a new restaurant in Old Marco by a 5-2 vote of the board, has both petitioner and the neighborhood abutting it holding their breath to see if that vote is appealed to the Marco Island City Council.

According to David Tolces the City’s Attorney for the Planning Board, an appeals process may be filed with the City Manager within 14 days of the City Clerk officially filling the resolution, which did not happen until December 8th, therefore dead lining the date for an appeal as December 22nd. 

Sec. 30-678. Appeals

As to any site development plan, site development plan amendment, or site improvement plan application upon which the planning board takes action, the applicant and any affected property owner may appeal such final action to the city council. The city council may affirm, affirm with conditions, reverse or reverse with conditions the action of the planning board. Such appeal shall be filed with the city manager within 14 days of the rendition of the planning board's final decision and said appeal shall be noticed for public hearing with the city council pursuant to the procedures and applicable fees set forth in the land development code. Any appeal to the city council shall be quasi-judicial in nature and shall be a de novo application.

The revised site development plan is for a 7,480 square foot restaurant with 168 seats. The 37 and a half foot building will also have 37 parking spaces plus five onsite boat slips. Of the 37 automobile parking spaces provided, 12 spaces will be provided off-site across Lee Avenue at the end of Bald Eagle Drive (Lee Avenue is the roadway which runs into the Snook Inn property). Section 30-484 of the City Codes allows for off-street parking on lots under the same ownership, as long as the lot is contiguous and not separated by an arterial or collector road (Lee Avenue is not a collector. Based on the 168 seats proposed, 42 vehicle parking spaces would be required. However, the applicant has provided five boat slips, a bike rack/bench, and recycling receptacle for which six credits are applied providing the petitioner with the necessary 42 parking spaces)

Luigi Carvelli from the Snook Inn Restaurant which abuts the proposed new facility rose to oppose those plans based upon safety and traffic flow issues. He pointed out the lack of consideration for employee parking. “These numbers fail to point out any considerations regarding where employees will park,” said Carvelli.

Several neighbors from the abutting properties testified on their concerns regarding safety.

An aggrieved property owner in that neighborhood has until December 22 to appeal the Planning Board’s decision to the city council according to Sec. 30-678 shown above.