KELLY FARRELL / Staff

Ann Sepe and Alfred Marchand discuss their shell driveway with the Planning Board Friday. Planning Board members said shell driveways may be allowed under the ordinances and may look to amend them to be more clear. The Planning Board could not help Sepe and Marchand as their case is currently in the hands of Community Development Director Steve Olmsted and code enforcement officials, who believe the shell is banned.

KELLY FARRELL / Staff

The shell driveway in front of a home on Piedmont Circle is causing owners Ann Sepe and Alfred Marchand, 13-year residents of Marco Island, some grief. Code enforcement officials say the shells, installed in April, are banned. Owners and members of the Planning Board interpret city ordinances to possibly allow for the shell driveway, but it falls under code enforcement's jurisdiction. Code enforcement gave the owners until Nov. 22 to correct the situation and in the mean time, landscaping the property has been put on hold.

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MARCO ISLAND — Planning Board members said they were “disappointed” to learn about the struggles a Marco pair is having with the city over their shell driveway.

Community Development Director Steve Olmsted said he believes the city’s ordinances prohibit shell and gravel driveways. He also went to the Planning Board asking for their review of four city ordinances that are inconsistent and vague regarding permissible driveway materials.

Olmsted said his interpretation is that no shell, aggregate, gravel or stone is allowed on Marco Island driveways, and when he asked if Planning Board members agreed, he found most did not.

The city’s land development code lists asphalt, concrete, solid concrete pavers in a “smooth well-graded condition” as allowable driveway and parking lot materials (Section 30-483).

City Planner Bryan Milk said the ordinance applies to all island properties.

Another section of the ordinance, which Milk said applies specifically to single-family residential properties, lists the same options plus “other appropriate dustless materials” (Section 30-485).

Smooth and dustless became words up for interpretation at the Planning Board meeting Friday morning.

“If you go to a gravel driveway and kick your foot around, do the same with a shell driveway, your shoes are going to be quite dusty ... I don’t think the intent here was to prevent all dust,” Olmsted said.

“That’s editorializing,” responded Planning Board member Marv Needles.

Planning Board members and city officials recognized that water quality, aesthetics and the environment were factors to be considered. It was argued that shell and gravel may be better for the environment limiting runoff and allowing water to percolate into the ground.

Milk said the city inherited the code of ordinances from Collier County and in 2001 he worked with former Community Development Director Greg Niles and former city Zoning Administrator Kelly Smith to amend the ordinances.

Milk said that from his “historical perspective,” there were several river rock and shell driveways on island that dated back to the “Deltona days” — when the island was developed by Deltona Corp.

“I don’t know, but I personally envisioned a prohibition of shell or gravel driveways on Marco Island, but just new driveways and parking lots,” he said.

City Councilman Chuck Kiester attended the meeting and introduced himself as “Joe the planner,” referring to the years he served as a city planner in north central Florida.

“All the blowers to clear off the driveways and sidewalks probably create more dust than anything I can think of,” he said.

The definition of a smooth surface also came into question.

“You can drive down I-75 and get smooth, smoother and smoothest,” Needles said.

Milk said the concern may be more about the sub-grade, the condition of the layer beneath the shells and gravel, than about the dust or the smoothness.

Alfred Marchand, owner of the shell driveway on 1657 Piedmont Circle, said he constructed the base of his shell driveway the same way one would if they were installing a concrete driveway.

The ordinances wording should be revisited “not only to make them more consistent, but also I think we need to recognize the impact on our environment,” said Brian Moss, a member of the Planning Board.

Marchand said that washed shells are environmentally friendly.

“Shell is pervious. Scientifically, you can run water through the stuff,” he said.

Olmsted said there was a concern that gravel and shell driveways allowed for more weeds and potholes contributing to “neighborhood blight.”

The driveway was installed in April and owners Ann Sepe and Marchand received a notice of code violation July 7. The driveway must be corrected by Nov. 22, according to Code Enforcement officials.

“I beg of you not to outlaw shells on this shell island,” Marchand said.

However the Planning Board has no jurisdiction over the interpretation of current ordinances. They can only work on changing ordinances to avoid future problems.

Marchand began laughing and said: “I put (the shell driveway) in for aesthetic value. I didn’t expect it to cause a bru ha ha on this island.”

Olmsted said shell and gravel driveways have not been permitted by the city in the recent past.

Chief Code Enforcement Officer Eric Wardle said he always believed shell driveways were prohibited on island and says he hasn’t seen many.

“I’m kind of appalled that the city is doing this ... The ordinance is not being enforced with its intent,” Needles said.

The couple who owns the home and driveway maintains that the city’s Chief Building Official Bob Mahar said shell driveways are okay so they proceeded to install one.

“It’s very attractive ... But I’m not sure it’s smooth or dustless,” Olmsted said.

He added that he does not believe anyone on staff gave the couple permission to add the shell driveway.

Marchand and Sepe said they don’t know what to do about their driveway.

They were instructed by code enforcement officials that they could apply for a variance.

“How do we apply for a variance if we’re not in opposition with the code?” Sepe asked Olmsted at the close of the meeting.

Olmsted reiterated his interpretation of the ordinance, which he says is consistent with other staff members’ interpretation.

“I thought the ambiguity (of the ordinance) was intentional to be more encompassing rather than restrictive,” Marchand said.

If the couple decides to leave the shell driveway they may be able to appeal before the Code Enforcement Board, however they said they had not yet decided how to handle the time and expense of potentials fees, fines and attorney representation.