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Agenda Item: 14(a) |
Prepared By: Mary P. Holden, Planning Manager, Community Affairs/Growth Management |
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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 Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
PROJECT DESCRIPTION:
Mr. Zachary Lombardo has submitted, on behalf of the Owner, a variance to Section 30-488(4)a. of the City of Marco Island Code of Ordinances 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 (the “Subject Property”). Attached is the application, plans, and justification narrative to the criteria used for reviewing a variance.
PLANNING SUMMARY AND RECOMMENDATION:
The City of Marco Island Planning Board (the “Board”) held a public hearing and considered this request at their April 3, 2026, meeting. The Board discussed the nature of the variance, providing a credit for a pedestrian connection and not a vehicular connection between the Subject Property; and pervious calculations. The Board discussed the idea of a code change to allow for pedestrian interconnect; and additional work needed to the stairs. One citizen voiced their concerns regarding parking in the swale along Bayside Court. One citizen spoke against the request citing businesses need to follow the rules and not subsidize the businesses by granting the variance. Upon conclusion the Board voted 7-0 to forward a recommendation of approval of the variance to the City Council with the below findings and conditions.
Planning Board’s Recommended Findings of Approval:
(1) The two properties are not different from other properties within the City. The special circumstances related to the Subject Property 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 between the two properties.
(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 which 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).
Planning Board’s Recommended 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 agreement has not been provided to the City, the Owner shall record the agreement, and provide a copy to the City.
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): April 16, 2026
RECOMMENDATION:
Approve Resolution 26-19 with the listed findings and conditions.
POTENTIAL MOTION:
“Move to approve Resolution 26-19 with the listed findings and conditions.”