Dear MICA Members,
We are writing to explain why MICA asked a court to review the City’s approval of the Rose Marina redevelopment.
MICA plays a very important role in the development process on Marco. This is a responsibility that MICA has carried out for decades, usually behind the scenes. Given that this case is ongoing, we are limited in what we can say, but we do want to share with all of our members some of the key reasons that MICA is asking for a review of the Rose Marina redevelopment approval process.
This case is not about stopping redevelopment. It is about making sure the City follows its own rules, that a condition the City itself imposed is honored, that MICA’s deed restrictions are enforced, and that the public has a fair chance to participate.
The Board was required to act quickly on this matter. The law allows only a short window to seek this type of court review, and if MICA had waited, it would have permanently lost the right to raise these issues. We understand some members wish they had been consulted first. We hear that concern; indeed, it is one reason we are reaching out to you now with more information.
Rose Marina: Why MICA Is Seeking Court Review
You may have seen Rose Marina’s campaign asking members to email the Board to withdraw our petition.
What MICA filed: MICA filed a petition for writ of certiorari, which is a request for limited court review of whether the City followed the law and provided a fair process. MICA was joined in this petition by a concerned MICA member who lives on the island.
A written promise to MICA: In 2015, MICA allowed Rose Marina to use three neighboring residential lots for temporary boat storage during renovations. In return, Rose Marina agreed in writing that once that period ended, it would follow the deed restrictions limiting those lots to single-family homes. That agreement is recorded in the county’s public records.
The approval relies on one of those residential lots: The City approved placing the marina’s dumpster on the property line shared with one of those lots, with a landscape buffer on that lot to make it work. That means a residential lot would be used to support a commercial project, in conflict with MICA’s deed restrictions and the City zoning code.
MICA approval was required but never obtained: The City’s own approval states Rose Marina is responsible for getting any deed-restriction approvals from MICA. In April, MICA also informed Rose Marina that MICA approval would be required for this project. That approval was never obtained. Previous to all of this, City staff had also indicated that those residential lots could not be used for commercial purposes without a rezoning and land-use plan change.
The public did not get a clear picture: Public notices did not explain that a residential lot would be used for the commercial project. Plans changed repeatedly, with major revisions submitted just days before a public hearing. MICA’s request for more time to review those changes was denied.
Why this matters: Marco Island’s original developer, Deltona, established deed restrictions to protect the island’s character and property values. MICA is responsible for enforcing those restrictions, and its ability to fulfill that duty depends on its review rights being respected.This issue extends beyond a single application. It raises a critical question: Will the City uphold its own approval conditions and respect MICA’s authority to enforce the deed restrictions, or will it apply the rules selectively?
We recognize that members may disagree about whether court review is the right response. We hope you understand and appreciate our commitment to fulfilling the essential responsibilities entrusted to us. We will keep you informed as the case moves forward and appreciate your continued engagement.
Respectfully,
MICA Board of Directors
