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Planning board denies boat-dock extension after finding no justification for 3.3-foot encroachment
Summary
The board approved staff's recommendation to deny a boat-dock-extension variance at 384 South Heathwood Drive after staff said the dock was built closer than the approved 7.5-foot setback and the applicant offered no justification; the contractor called it a good-faith mistake and said the owner would correct it if required.
The Marco Island Planning Board voted unanimously to deny a boat-dock-extension variance for 384 South Heathwood Drive after staff concluded the as-built structure encroached into the required setback and the applicant provided no justification.
Planning manager Mary Holden told the board that the approved plan called for a 7.5-foot riparian setback but the as-built dock now measured roughly 4.2 feet from the required line, creating a roughly 3.3-foot encroachment. "Based on our review... staff can find no justification for the variance other than it just was not built correctly," Holden said, and recommended denial.
A contractor from Crocker Marine acknowledged a good-faith measurement error during construction: the crew could not locate the property pin and used the return of the seawall as the reference, which is usually on the property line. The contractor said the property owner and contractor plan to fix the structure if the board denies the variance. "There is no reason it couldn't have been built directly. It was a good faith, mistake," he said.
Board members questioned whether the encroachment affected navigability or natural resources; the contractor said it did not and that there was no impact to manatees, navigation, or boat storage. The board discussed precedent concerns but concluded each case must be judged on its merits.
After discussion the board voted to adopt the resolution of denial as presented; staff said the owner would have to correct the dock or otherwise bring it into compliance with the 7.5-foot setback.
