Zoning code violations at Marco Island's Progressive Auto Car Condo nonexistent, investigation concludes

Joe Irvin, interim community affairs director, wrote on Jan. 13 that he found no manufacturing violations during a visit on Dec. 10 to the Summit Boss Hoss dealership in the Progressive Auto Car Condo. Submitted

Joe Irvin, interim community affairs director, wrote on Jan. 13 that he found no manufacturing violations during a visit on Dec. 10 to the Summit Boss Hoss dealership in the Progressive Auto Car Condo. Submitted

— Marco Island’s Code Enforcement released findings Sunday on three zoning complaints at Progressive Auto’s Car Condo, 720 Bald Eagle Drive.

Joe Irvin, interim community affairs director, wrote on Jan. 13 that none of the complaints reflected code violations.

On Dec. 4, Marco police and Irvin began investigating complaints made by attorney Doug Lewis.

The complaints alleged motorcycle manufacturing took place at the car condo without a zoning certificate, and a gun shop and gun range at the site were not permitted uses in C-4 zoning.

Irvin made a site visit on Dec. 10. The report from that visit indicated owners, Mike Kelly, Sr., and Mike Kelly, Jr., voluntarily consented to the inspection.

Photos of the facility were taken to determine if motorcycle manufacturing took place on the premises. Irvin said there was no evidence indicating motorcycles were manufactured there.

Lewis alleged that a 6,000-square-foot service and fabrication area produced hot-rod style motorcycles. He said the business had not applied for a city zoning certificate to do the work.

Mike Kelly, Jr., told Irvin painting of motorcycle parts was done in Sanford, Fla., for the Summit Boss Hoss dealership, located in the building. Chrome work, he said, was done in California.

Irvin concluded no permit was necessary because no manufacturing existed; and thus, the property had not violated zoning codes.

The second complaint alleged Technical Solutions, located inside the 720 Bald Eagle Drive building and operated by Chris Sparacino, manufactured firearms as part of its firearm sales and police supplies. Sparacino works as a planner and floodplain coordinator for Marco Island’s Community Affairs Department.

Lewis told the city he based the complaint on a Federal Bureau of Alcohol, Tobacco and Firearms’ type 7 license he believed Sparacino had obtained. The ATF extends the license to manufacturers of firearms and ammunition that may also act as dealers.

During the Dec. 10 inspection, Irvin concluded the gun shop was permitted within the C-4 zoning district.

Lewis questioned other aspects of the gun shop including fire inspections, impact fees and sufficient parking. Irvin did not address them in his report.

A final complaint questioned a gun range, operated by Kelco of Marco, Inc., on the first floor of the car condo building.

During the inspection, Irvin learned from the Kelly family that the gun range was for personal use and not open to the public.

Irvin also concluded that the “gun range/bullet stop encapsulation block” used at the location was allowed in C-4 zoning.

The Dec. 10 inspection was the second requested by Lewis. A letter written on June 27 confirms that Irvin inspected the car condo on June 24 to determine if public storage took place in the building.

During the June 24 inspection, Irvin said he and others inspected all six floors of the building. The letter said floors 1-3 were owned by Kelco of Marco, Inc, Progressive Auto Management and Progressive Auto Management, Inc. (the Kelly family) respectively. Floors 4-6 were owned by other companies and individuals.

Irvin concluded that no public storage occurred within the building. Marco Island City Councilor Amadeo Petricca and Bryan Milk, former community affairs director, accompanied Irvin on the June 24 inspection.

On July 26, Lewis requested an official opinion on storage at the car condo. Lewis represents the owners of two storage facilities in the city’s C-5 zoning district.

An official interpretation written by Bryan Milk concluded that storage was permitted in the Progressive Auto building. Lewis appealed the interpretation and asked Marco Island’s City Council to hear his position.

On Jan. 3, Milk was fired for failure to disclose a business relationship with Mike and Lisa Kelly of Progressive Auto while evaluating land use matters that could affect them. His dismissal was issued by Interim City Manager Guillermo Polanco.

City council heard Lewis’ appeal on Jan. 6. In a complete change of course, Irvin reversed Milk’s official opinion on storage at the car condo, saying it did not comply with C-4 zoning ordinances.

Richard Yovanovich, who represents Mark Small, an owner in the car condo, told council he was not happy with the reversal. He said he and his client would appeal the revised interpretation once it is written.

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Comments » 14

TruthfulCitizen writes:

What's amazing to me is that Amadeo Petricca directed staff to complete an investigation and had the audacity to go along on a site visit. That is a complete violation of the city charter. Why is a council member getting involved???? The Kelly's VOLUNTARILY allowed two site inspections!! sounds like harassment to me!!!

marco826 writes:

This story gets more weird every day. Somebody is in bed with, well you know.

max1313 writes:

As long as your inspecting Bald Eagle. How about the dumpster area constructed at 805. the Sandbar built. You cannot build a dumpster enclosure on a vacant lot.
How did they get the permit?

1Paradiselost writes:

in response to Fegelein:

(This comment was removed by the site staff.)

I agree! However if they start checking this island for Green Cards, some of us might also have to mow our own lawns.

They picked up one of my neighbors lawn guys driving without a drivers license in October. All the Collier County sheriffs department did was give the guy an appearance ticket.

BTW... He's still here mowing lawns, WHY?

naples_rocket writes:

what a mess and it keeps getting better. So if I understand this correctly - there is a gun shop owned by a city of Marco employee and at the same building there just happens to be a gun range owned by a corporation (Kelco of Marco, Inc), which is for personal use only and closed to the public. What a coincidence! Are we supposed to believe this?

Konfuzius writes:

Mr. Milk will get a big amount of $$$.$$$ by his settlement agreement.
Another scandal on Marco Island.

laslic writes:

I have a license but I don't own a car...but I'm building one in MY garage in a residential zone. Also have a gun range for personal use in MY garage in a residential zone. But I don't sell no guns. Wonder if the neighbors will report me. Then Code Enforcement will get me!

CopWatch writes:

On Dec. 4, Marco police and Irvin began investigating complaints but between donut sales at Publix and marauding terrorist wild boars (Hunter will replace Barney's. bullet) the crew may have been distracted.

multi_million_heir writes:

in response to 1Paradiselost:

I agree! However if they start checking this island for Green Cards, some of us might also have to mow our own lawns.

They picked up one of my neighbors lawn guys driving without a drivers license in October. All the Collier County sheriffs department did was give the guy an appearance ticket.

BTW... He's still here mowing lawns, WHY?

That is one of the main reasons I left Marco. I owned several businesses there that required that I maintain licensing, insurance, bonding and continuing education. I did not accept any payments that I did not report to taxing authorities. Illegal individuals had the run of the island and flooded my industry after the building boom collapsed and they were out of high paying jobs. They did not understand the concept, or care for that matter, that performing the same work at one fourth of the going rate lowered the rates for all people in the industry, and hurt the law abiding citizens the most. And of course the good people of Marco would save a dollar wherever possible to have a little extra for that bottle of wine at dinner, so they welcomed them with open arms. I called it their dirty little secret. One fellow even told me how he had just laid off 25 long time employees in Ohio, for the first time in 30 years, because of the downturn in the economy as he had at least 15 illegals working on re-doing his front and rear yard and dock and pavers etc... while we chatted. Go figure. No one had the back of the honest hard working AMERICAN taxpayers, including code enforcement etc...Oh, and Mike Jr. offered to build me a Boss Hoss there to get me off of my Harley. But that was in 2005.

happyhorowitz34145 writes:

in response to max1313:

As long as your inspecting Bald Eagle. How about the dumpster area constructed at 805. the Sandbar built. You cannot build a dumpster enclosure on a vacant lot.
How did they get the permit?

Great question!
Not only how did Ray Fortune of the Sand Bar build the dumpster enclosure on someone else's property and get away with it, but how does he use a vacant lot that does not belong to him for all of his parking?

max1313 writes:

in response to happyhorowitz34145:

Great question!
Not only how did Ray Fortune of the Sand Bar build the dumpster enclosure on someone else's property and get away with it, but how does he use a vacant lot that does not belong to him for all of his parking?

Lot's of wrong here. I saw one time there was an order to remove it. but how does a building department allow a structure to be built on a vacant lot, that is clearly not within the code. Maybe the current owners of the property should just park empty dumpsters on the property for us contractors and landscapers. The area is a dump and should be cleaned up and the structure removed.

happy6 writes:

what a complete joke...the kellys pretty much do whatever they want on this island...yes they build motorcycles and yes anyone can go shoot at the gun range...code enforcement is afraid of the kellys and so is the city.

jsl writes:

In follow-up to "Fegelein writes:
https://www.marconews.com/news/2014/f...

Slimeball Alert!"

See the following link on what was reported on January 28:

https://www.marconews.com/news/2014/j...

According to article, "Mr.Irvin concluded no permit was necessary because no manufacturing existed; and thus, the property had not violated zoning code."

Mr. Irving, if the current uses are ok and do not violate zoning code, why then, in the PUD request, does the applicant ask permission from the City to have New and Used Automobile and Motorcycle Sales and Services, indoor gun range uses, etc.

Shame on you Mr. irving!

jsl writes:

ps…Mr. Irving…go to http://www.nhtsa.gov/apps/manufacture...

(the National Highway Traffic Safety Administration website listing names of federally licensed motorcycle manufactures)

and type Marco Island as the "City" search code. Takes all but a few minutes to see what is really going on here.

Any surprise as to what you'll find Mr. Irving? No, because you and others in the City already knew that Mr. Kelly and Vanquish is and has been manufacturing motorcycles at 720 Bald Eagle Drive in violation of the City Code and under federal permits when you made your "findings" in January.

Shame on you Mr. Irving!

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