Planning Board Clears Error From 23 Years Ago

The Marco Island Planning Board has put in motion the process to correct an error in judgement by the 1998 City Council. The error resulted in rezoning 1346, 1354 and 1362 San Marco Road, from single family residential to commercial C-1 by Dr. Luc Christian Mazzini, who sought to construct a “medical arts building” on the properties in violation of applicable deed restrictions. Those deed restrictions, or covenants, require that only single-family homes be built in that area.

In 1998, Council favored Dr. Mazzini’s desire to disregard the deed restrictions, which kicked off a six-year legal battle with the Marco Island Civic Association (MICA) and the properties’ neighbors. The neighbors had gone to MICA when council chose to ignore the deed restrictions, since MICA had become the managing entity for enforcement of the restrictions by the Daytona Corporation when it ceased active development of the island.

MICA today is the oldest and largest civic group on the island. It is a non-profit corporation that not only oversees the operation of Marco Island Residents’ Beach, but also has responsibility for enforcement of the Deltona Deed Restrictions. That committee reviews new building construction and any alterations or additions to existing buildings on the island.

They also have a Governmental Affairs Committee which is responsible for monitoring issues as they come before both the city and county governmental agencies.

The Florida Second District Court of Appeal ruled in favor of upholding the deed restrictions on the three properties, thereby overturning a lower court’s ruling that had been in the city’s favor. In upholding the residential restriction, the court observed that the subdivision owners had purchased and built upon their properties in reliance upon the restriction. “The equities are admittedly stacked against one seeking to void a restrictive covenant if he or she has purchased the property with actual or constructive notice of its existence.”

“MICA wholeheartedly agrees with both the court ruling in 2004 and the city’s desire to address this egregious error made in 1998 by the council at that time,” said Bob Brown, President of MICA, when asked to comment on the Planning Board vote. The Florida Second District Court of Appeal ruling can be found by copying and pasting the following in your internet browser https://caselaw.findlaw.com/fl-district-court-of-appeal/1378850.html .

The Planning Board has voted 7-0 to approve staff’s recommendation to return those three parcels to their original designation as Residential Single Family.

During the last 18 months, voices opposing “commercialization of residential single-family neighborhoods” by short term rentals have become louder, not only here, but across the state and throughout the nation. Councilors have cited a 2011 law approved by state legislators which they say has tied their hands. That legislation states that no restrictions on short term rentals may be applied if not in force prior to the 2011 law. 

Some may now argue that the deed restrictions were in existence well before the 2011 legislation, therefore disallowing “commercial rentals” within Single Family Residential neighborhoods. The city has long stated that they are not responsible for the enforcement of Deltona Deed Restrictions, and it is unclear whether they will continue to take that stance.