Denial of Dock Extension Overturned on Appeal

For the first time in recent history, the Marco Island City Council met in their role as the Zoning Board of Appeals. The board heard a petitioner’s appeal to overturn the Planning Board’s denial of a 10-foot dock extension.

Prior to the hearing’s commencement, Councilor Greg Folley inquired as to how much deference the board should give to the Planning Board’s decision. City Attorney Alan Gabriel advised the council that they were dealing with a clean sheet of paper, and clarified that the issue before them was a request for a 10-foot dock extension.

Council Chair Erik Brechnitz outlined the procedure for the council to follow and invited Marco Island’s Director of Community Affairs, Daniel Smith to outline the matters before them. Smith gave a historical overview of the process and answered questions from the board.

Attorneys from both sides presented their cases. Representing the petitioner was Zach Lombardo of Woodward, Pires and Lombardo (WPL Attorneys Tony Pires, Jr. and Lenore Brakefield also worked on this matter). Attorney Lombardo presented a large contingent of witnesses in support of petitioner’s request to extend the dock by 10 feet. Neil Snyder of the Law Offices of Hodge and Snyder and Matthew McBride, the son of an abutting property owner at 980 Sundrop Court, presented opposition to the petitioner’s request for an extension.

Five of the seven councilors made site visits to the neighborhood. Councilor Jared Grifoni did not make a site visit, but he did have phone and email contacts with concerned citizens. Councilor Becky Irwin reported that she had no contact or visits to the property.