By Dawn De Busk

Staff Writer

NAPLES — A Shoreland Zoning law violation, that was discovered by the Town of Naples almost a year ago, has been resolved through a settlement.

In lieu of paying fines for illegally renovating the second floor of the restaurant building, the Causeway Marina deeded to the town an easement for the existing water suppression lines, according to the settlement paperwork.

“We reached a settlement with the Causeway Marina. That has been signed,” Naples Town Manager John Hawley said.

The Town of Naples code enforcement department sent the owner of the Causeway Marina, Dan Allen, a notice of violation on Sept. 21, 2018.

According to Hawley, “attorneys have been involved since November. We have been going back and forth now since last November.”

“The initial violation went out as construction without a permit on the second floor of former ‘Merced’s on Brandy Pond’ building on the Causeway Marina property,” Hawley said.

A residential apartment was being constructed, which is not allowed in the Shoreland Zone, the paperwork said. After the restaurant was no longer in business, this construction took place without a permit for the time period between September and April, according to the paperwork.

Later, an after-the-fact permit was granted in order to build an office space on the second floor, the paperwork said. An office space is an allowed renovation.

Currently, there is no ongoing violation — to the town’s knowledge, only a past violation, according to the court paperwork.

“There was a bigger issue,” Town Manager Hawley said. “Once we gave the notice of violation, we received a letter from the marina about the water suppression line that was put on his property as part of the Causeway restoration.”

“It went across his property with the agreement that, at some point, Dan Allen and the town would come to financial compensation for the element of that waterline,” he said.

“After we issued the notice of violation on the property, we got a letter from the marina’s attorney. The attorney wanted the waterline removed because the town had never compensated the marina for the waterline,” he said.

The waterline is located underground on the lot of the Causeway Marina.

“In lieu of fines or penalties, Dan exchanged the easement to the town,” Hawley said.