|
Agenda Item: 14 |
Prepared By: Mary P. Holden, Planning Manager |
|
Business: Quasi-Judicial City Council Item |
Department: Community Affairs/Growth Management |
Subject
Title
Appeal to City Council of Administrative Decision (APCC-25-000171) of the Marco Island Land Development Code regarding Vested Rights per Sec. 30-5, properties located at 658, 666, 674, and 682 6th Avenue - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
Body
BACKGROUND:
Mr. Zach Lombardo submitted a request for interpretation of vested rights, seeking verification that duplexes are allowed on properties located at 658, 666, 674, and 682 6th Avenue. Staff reviewed the request and the applicable codes and determined duplexes could be constructed on the lots if they met Section 30-105. (7) Dimensional Standards for nonconforming lots of record: c. “Nonconforming lots of record shall be required to provide a minimum of 6,500 square feet of lot area for each dwelling unit.” Based on this provision, duplexes may not be built on the lots in question due to not being able to meet the minimum lot area for each unit. We provided our response (attached to this report) to Mr. Lombardo, and because of our determination, the owners, through their agent, are appealing.
FUNDING SOURCE / FISCAL IMPACT: The applicant has paid $1,000.00 in applicable fees.
RECOMMENDATION: Staff recommends the determination be upheld since it is supported by our Land Development Code. We recommend that the applicant apply for a variance to this provision of the Land Development Code.
POTENTIAL MOTION: As deemed appropriate.