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Dave, well stated. Certainly don't want hamburger stands or garages in the middle of residential neighborhoods.
MICA has done a pretty good job in the past and Marco Island is a great place to live and visit.
There seems to be a great deal of confusion on MICA and deed restrictions. I would encourage anyone who seriously wants to opine should at least have read the restrictions and can speak to their contents.
When the Mackles and Deltona cut Marco Island loose, MICA took on their roles. That is, the power they had as the developers they passed on in the restrictions. In most cases, deed restrictions are much simpler, less in scope, and don't wind up with some type of an entity taking the developers role.
The restrictions we live under are powerful and visionary. They grant sub-dividers and MICA to make amendments when reason exists to do so. It's those same restrictions that enable MICA to review construction plans ... and like most things in civil or common law, there must be some semblance of "reasonableness" in what "men" and entities do, especially those with some public duty.
Right now MICA is not broken. It has done, more or less, what it is charged to do, and the local court's decision is no great surprise. Mr Kramer can appeal, but I think at this point that's premature or incorrect.
He now needs to do what he should have done. He needs to ask for an amendment to the restrictions to do some updating of the antiquated list of permitted businesses, and he needs to submit plans for review.
MICA, in turn should assess the merits of Mr Kramer's request for an amendment, and it should review the plans as it normally would.
This is what is reasonable. This is what the Mackles/Deltona intended. And, this isn't some unsupported position or secret meaning, it's right where it should be, in black and white for all to see. I can understand where the issue can polarize people, but what I can't understand is the lack of objectivity and a painful denial of what some thing really says.
To reasonableness and Liberty!
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