KELLY FARRELL / Staff

A seven-story condominium, Mariners Palm Harbor, is being constructed at 908 Panama Court and requested an extension of their boat dock from 20-feet to 30-feet at a Marco City Council meeting Monday. The neighboring Tiki House was approved for a 30-foot boat facility in 1998 and has a boat that extends further than the limit.

STORY TOOLS

• E-mail story
• Comments
• iPod friendly
• Printer friendly

More Local News

• Alternative revenue sources may be answer to Marco's property tax shortfall
• Vacation for procreation returns to Marco Island
• Marco's Code Board gives stiff fines for repeat offenders

Share and Enjoy [?]

Boats seem to be getting bigger so city officials may choose to allow the boats’ docks to grow along with them.

Until that land development code changes however, Marco Police and code enforcement were given direction to enforce the current dock and boat size limitations.

According to officials many residents are unknowingly in violation of the current code.

City Council discussed boat dock extensions throughout the island while deciding on a request for an extension for Mariners Palm Harbor, a new seven-story condominium under construction at 908 Panama Court. Craig Woodward, the attorney for Mariners Palm Harbor requested a ten foot extension to increase the maximum permitted 20-foot protrusion in the Panama Waterway to 30 feet. The condominium developers plan to build five boat slips.

Dozens of neighbors wrote to city officials opposing the request.

“We don’t want the canal, with its natural beauty, dolphins and manatees, to turn into a road for big boats,” wrote Daniel and Joan Cox of Swallow Avenue.

Tim McClelland, a condo owner in nearby Pelican Perch, also opposed the extension request for several reasons including the lack of fairness to current owners who have bought boats based on the current laws.

However, according to city staff most residents’ in this area violate the current laws restricting dock size and boat size. Many others have received approval to extend their docks and still are violating the land development code with boats that are several feet larger than their docks.

Community development staff noted that at least five nearby boat docking facilities, including the Tiki House, The Moorings, Pelican Perch, Shell Isle and Huron Cove, currently have boats docked that protrude beyond their docks and allowable length by at least one foot and some are over five feet too long.

City planner Bryan Milk said he believed most of the residents who sent letters of concern didn’t realize what already existed. Many were out of town and weren’t out with their measuring tapes to see what a 30-foot dock would look like.

Many residents, including Richard Townsend of Swallow Avenue, said they felt holding a public meeting on the issue when they were in their northern summer homes was inappropriate.

“Government doesn’t stop with season though does it,” asked councilor Ted Forcht rhetorically.

Milk said that many residents who know understand that there are already many 25 to 35-foot boats and docks are less resistant. In fact, many learned for the first time that they too are in violation, Mild added.

Councilor Frank Recker called himself a “constitutionalist” and wondered why the current ordinance wasn’t enforced.

Milk acknowledged that he couldn’t recall when the last citation was given for boat dock violation adding that the city wasn’t aware of violations unless a neighbor complained.

“If there’s a navigation issue and an accident, does the city have a liability issue for not enforcing it,” he asked, adding that he believed the city would be held responsible.

“If I had a 20-foot garage and 25-foot vehicle, I’d have a problem. We’re going to have some people with 35-foot boats that are going to be unhappy,” said councilor Wayne Waldack.

Community Development director Steve Olmsted said a public hearing will be scheduled for June to consider amending the land development code to allow for boats and their docks to be at least 25-feet long.

The council approved Mariners Palm Harbor’s request for a 30-foot boat docking facility in a 4-2 vote. Councilors Chuck Kiester and Chairman William Trotter cast the two dissenting votes.

In other business, the council:

-Approved (with a 5-1 vote) spending $618,264 for a new soccer field, shuffleboard courts, a volleyball court and other improvements to Mack Park.

-Unanimously approved to pay Angie Brewer & Associates $257,820 for consulting services to fill out the Department of Environmental Protection’s loan applications for Lamplighter and Sheffield’s septic tank replacement construction.