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Here's my two cents after researching the matter. On page 229 of the deed restrictions, some five dozen possible types of businesses that can be put on Mr. Kramer’s lot are listed, to include: bicycle shops, private clubs (like in dry counties where one used to be able to buy a daily membership -- hint), pool rooms, bowling alleys, sporting good stores (they could sell putters and balls) ... and "telegraph stations" and "haberdasheries" ... the list is thus clearly dated/outmoded and really could not be all inclusive. Miniature golf course is not listed, but in my experience the back sides of bowling alleys are much louder than any miniature golf course.
Thus, it would seem to be an oversight or error. How is a miniature golf course markedly different from those businesses specifically listed? It wouldn’t be. This would be borne out by the language in the deed restrictions, on page 234, paragraph 16: "Additional Restriction" ... amend any of the restrictions ... where, in the opinion of the subdivider, great harm, injustice, or damage would result ... or where error, omission, or mistake has occurred in these restrictions ..."
Since the subdivider exists no more, MICA stands in its place. That's what MICA contends, so there is language which would seem to allow an owner to request the "subdivider" to amend the restrictions to remove things like “haberdasheries” or "telegraph stations" from the list and to add something like "miniature golf courses" or “internet café”.
Then, there are also the issues of the duration of the deed restrictions, which originally ran from January 1974 for thirty years; their automatic renewal; and the ability of a majority of lot or tract owners to change them in whole or in part. Finally, the Marco Island of the Mackle brothers, MICA, and the 1974 deed restrictions, is not the Marco Island of today. We now have a City, we now have zoning. It may be time for MICA’s quasi-governmental role to be reassessed.
I have no ax to grind with either party, but a resolution that benefits both parties is needed. I am willing to mediate the issue for MICA and Mr. Kramer, at no cost to either of them.
Ray NetherwoodLibertarian for Congress, US FL 19
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