Council to Act as ‘Zoning Board of Appeals’ in Dock Extension Hearing

The Marco Island City Council will serve as a “Zoning Board of Appeals” on Monday, December 6, 2021, when they listen to arguments in a dock extension request that was rejected by the Planning Board and appealed by the property owners.

At its September 3, 2021, hearing, the Marco Island Planning Board rejected the request by owners of 986 Sundrop Court to extend a small portion of their dock to accommodate a new vessel being built. 

In their report to the Planning Board, city staff stated that if the dock is extended, the views of the Marco River would be maintained. However, certain views, important to neighbors, could become partially obstructed by the extension.

Staff further reported that the proposed location, design and extra 10 feet of dock did not appear to infringe upon the use of neighboring properties, currently single-family homes. One of the neighboring properties has an existing dock, and the other has room to build a dock, should the owners choose to construct one.

Throughout the September 3, 2021, Planning Board hearing, some members spoke about the “loss of the small-town feel,” and raised issues regarding riparian rights and the effects on the views.

Over the last several years, Marco Island property owners who have objected to the loss of their “views” when opposing similar requests did not prevail. For example, Anglers Cove Condo owners were unsuccessful in their objections to the Rose Marco River Marina’s construction of a new boat storage facility.

Another example is the Marco Island Yacht Club’s appearance before the Planning Board and the City Council, seeking final approval for its new docks (which were just recently completed). At that hearing, owners on Martinique Court protested, stating that the project blocked their views, specifically their view of the S.S. Jolley Bridge. Ultimately, both projects were approved despite the objections of abutting property owners.

The City of Marco Island Code of Ordinances sets forth the appeals process. In the Land Development Code, it states that the city council may sit as a body known as a “Zoning Board of Appeals” to hear appeals from negative planning decisions.

City council will convene as the Zoning Board of Appeals on Monday, December 6th at 9:30 AM to hear the 986 Sundrop Court owners’ appeal. They will meet in council chambers.

A regular city council meeting is scheduled for 5:30 PM on the same date.

Both meetings will be open to the public.