STORY TOOLS

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

RELATED STORIES

• On the Town: Five Brothers Pizza losing its space at Marco Walk
• Marco Walk almost in compliance, says Olmsted
• Razed for a renaissance

More Business

• Tax Secrets of the Wealthy: Turn thousands into tax-free millions
• Marco man secures patent for coaster that records how long it takes to chug down beverages
• Women, Wisdom & Wealth: Invest in security after retirement

Share and Enjoy [?]

An embattled Marco Island shopping center took its case to Collier Circuit Court following a series of city Code Enforcement Board rulings that found the plaza in violation of outdoor seating requirements, but didn’t seek a fine.

Marco Walk, the shopping center at 599 S. Collier Blvd., has been under scrutiny for nearly 10 months following the discovery of at least seven conflicts with city code, including improper permitting, an overage in restaurant square footage and the failure to complete or submit required improvements or documents.

The issues relate primarily to the city ensuring enough on-site parking is available. Parking restrictions at the plaza already has been loosened after the city approved a variance, or exception, from city code in 2005.

That variance stated the plaza’s restaurants were limited to a total of 120 outdoor seats. But it appears the plaza’s developer, Leon Agami, is arguing the city has allowed more than that.

In a January hearing of the city Code Enforcement Board — after the plaza was cited for having anywhere from 142 to 238 seats between May and October 2007 — Agami’s Fort Myers-based attorney, Michael Ciccarone, contended an impact fee receipt from Marco Island’s utility company proved the plaza was allowed 72 outdoor seats in addition to the 120.

“We believe we’re actually under the seats allowed, not over it,” Ciccarone said.

At that hearing, the code board found the plaza in violation of city rules and imposed a fine of $250 a day should the plaza not come into compliance.

During the next code board hearing in February, the board voted 4-3 to follow a city recommendation and waive a four-day fine that had accrued before the plaza pulled out the extra seats.

Following the initial code board hearing, Agami met with city Community Development Director Steve Olmsted and planner Bryan Milk and asked if recent reductions in restaurant square footage would allow for more outdoor seats.

They also negotiated whether seats under an outdoor unenclosed awning at the plaza should be considered “outdoors” or instead part of a restaurant’s interior seating space.

After the city determined the seats under the awning were, in fact, outdoors, Agami removed the extra chairs to reach 120.

That effort was enough to eliminate the fine, code board members said.

“He doesn’t deserve the fine at this present time,” Code Board member Sal Sciarrino said.

It is unclear what exactly Agami is appealing to the Circuit Court. Reached in person recently at the plaza, Agami declined comment.

“You have a good day,” Agami said, putting his finger to his lips.

Ciccarone, Agami’s attorney, declined comment via e-mail saying he was not authorized to speak about the case.

Marco City Attorney Alan Gabriel said the city was unaware of the substance of Agami’s complaint.

In the meantime, a plaza restaurant tenant is speaking out against Agami.

In an interview, Konrad Mayerhoffer, owner of Konrad’s Restaurant, threatened to sue Agami because of discrepancies between the restaurant size listed on Mayerhoffer’s lease compared to Agami’s representation of Mayerhoffer’s restaurant size to the city.

Mayerhoffer’s lease lists the restaurant’s size as “approximately 6,355 square feet.”

On the most recent document Agami supplied to the city, Konrad’s restaurant is listed as 5,500 square feet.

“Something is not kosher,” Mayerhoffer said. “I will hire someone to independently measure my restaurant to see if I am overpaying my rent or not. If I am I will challenge him in court ... There’s a lot of money there.”

Mayerhoffer added that despite what the developer or his representatives might say, the plaza has parking problems.

“The fact is there is not enough parking here,” he said. “We lose business every day because of it.”

A former restaurant tenant, John Nachef, owner of Five Brothers Pizza, had criticized Agami after Agami didn’t renew Nachef’s lease, which expired in December. Nachef also questioned why the city hadn’t fined the plaza.

Mayerhoffer echoed those comments, saying he didn’t know why the city hadn’t fined Agami.

“That’s the $64,000 question,” Mayerhoffer said. “If my grass is more than 18 inches, then I get fined.”

Marco Walk is also seeking a modification of its 2005 variance to allow for more parking and to eliminate a previously promised elevator.

The city’s planning board hacked away at the plan in December and the plaza is performing parking counts before resubmitting a proposal to the planning board, most likely in May, said Olmsted, the community development director.