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Agenda Item: 10(b) |
Prepared By: Mary P. Holden, Planning Manger |
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Business: Resolution |
Department: Community Affairs/Growth Management |
Subject:
Title
RESOLUTION - Variance Petition (VP-26-000021) regarding Minimum Parking Requirements for Property Located at 287 & 297 N. Collier Blvd., Marco Isalnd, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
PROJECT DESCRIPTION:
Mr. Zachary Lombardo has submitted, on behalf of his client, a variance to Section 30-488 (4) a. that will allow for parking credits as a result of the installation of a pedestrian connection, as opposed to a vehicular connection, between the properties located at 287 and 297 N. Collier Blvd. Please find attached the application, plans, and justification narrative to the criteria used for reviewing a variance.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board hearing.
NOTICE APPEARANCE DATE(S): March 16, 2026
RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommends the Planning Board forward their recommendation of approval to the City Council with the findings below and conditions of approval:
Finding of Approval:
(1) The two properties are not different from other properties within the City. The special circumstances related to the properties is the grade difference between the newer restaurant (higher flood elevation) which exists on 297 N. Collier Blvd., and the existing building on 287 N. Collier Blvd., to the south.
(2) As stated above, the special circumstance is the grade difference due to higher flood elevations in place when the newer structure was constructed at 297 N. Collier Blvd.
(3) The literal interpretation of the City’s Code of Ordinances could create an undue hardship since the Owner would need to construct a vehicular connection between the two properties, which would result in the loss of parking spaces, and be non-compliant with other provisions of the City’s Code of Ordinances. The properties are located in a pedestrian overlay district, and the emphasis should be on encouraging pedestrian access.
(4) The properties are reasonably being used as they exists; however, the variance requested will provide parking credit for a pedestrian connection instead of a vehicular connection.
(5) Granting the variance will not confer any special privilege as other property owners are able to request the same, or similar variance.
(6) Granting this variance will comply with the intent of the code that is to provide cross access to the other site(s) via pedestrian access.
(7) Granting this variance will not violate the City’s growth management plan (Comprehensive Plan).
Conditions of Approval:
(1) The Applicant/Contractor shall obtain a building permit prior to commencement of any construction.
(2) The Owner/Developer/Petitioner is responsible for any private deed restriction approvals with the Marco Island Civic Association.
(3) That issuance of this approval by the City does not in any way create any right on the part of the Owner/Developer to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the approval if the Owner/Developer /Petitioner fails to obtain the required approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in the violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the Development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended.
(4) There is an open Site Development Plan (“SDP”) amendment reivew, minor SDP 25-000208, that shall show, on the plans, the required bench and detail of the required landscape plan material associated with the bike rack that is required to claim the parking space credits. The SDP amendment improvements shall be completed, and the permit associated with SDP 25-000208 closed out before approval of this variance takes effect
(5) The Owner shall provide a copy of the recorded cross parking and pedestrian interconnect agreement filed with Collier County. If, at the time of approval of the Resolution, the recorded
POTENTIAL MOTION:
Move to approve Resolution 26-XX with the listed findings and conditions of approval and forward a recommendation for approval to City Council.