HEX Final Decision 2014-21 HEX NO. 2014—21
HEARING EXAMINER DECISION
PETITION NO. VA-PL20140000891 —David Burke requests a variance from LDC Section
4.02.03 to reduce the rear yard accessory structure setback line from 10 feet to 7 feet, and
from LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on the
west side of the property, to allow for construction of a proposed pool and tiki hut on
property located at Sorrento Gardens Unit No. 3, Block H, Lot 8 in Section 15, Township
49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: August 14, 2014
STAFF RECOMMENDATION: Approval of the variance as to the rear yard setback, but
denial of the variance as to the side yard setback.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met for the rear yard setback variance, but not
for the side yard setback variance, and the petition should be approved only for the rear yard
setback variance.
ANALYSIS:
Three letters of support were received for this application: two from abutting neighbors and one
from a resident less than 500 feet away. Sufficient justification was provided to approve the rear
yard setback variance needed for the swimming pool and tiki hut, but such justification was not
provided for the side yard setback variance. During discussion with the applicant regarding the
side yard setback, it was affirmed that the distance between the swimming pool and the tiki hut
(shown as 17 feet) could be reduced and the tiki hut could move closer to the swimming pool.
This relocation would place the tiki hut structure outside of the side yard setback, and eliminate
the need for a side yard setback variance. The applicant acknowledged that his elderly
grandparents, one of whom uses a wheel chair, reside at the residence and the rear yard setback
variance is needed as a safety precaution to provide ample travel distance (shown as 8 feet)
between the swimming pool and the home.
[14-CPS-01328/849621/1]11 1 of2
DECISION:
Petition No. VA-PL20140000891 filed by David Burke, with respect to the construction of a
proposed pool and tiki hut on property located at 1185 Pompei Lane, Naples, Florida, as shown
in the Survey Sketch attached as Exhibit "A", is hereby approved for the following variance
only:
• From LDC Section 4.02.03 to reduce the rear yard accessory structure setback line from
10 feet to 7 feet.
However, the following requested variance is denied:
• From LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on
the west side of the property.
ATTACHMENT: Exhibit A—Survey Sketch
LEGAL DESCRIPTION: Lot 8, Block H, SORRENTO GARDENS, according to the Plat
thereof, recorded in Plat Book 6,page 38, of the Public Records of Collier County, Florida.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON TH ZONING MAP FOR
INFORMATIONAL PURPOSES.
-Zo l'-( AlCia e'`)
Date Mark Strain, Hearing Examiner
Apr ed as t form and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01328/849621/1]11 2 of
SURVEY SKETCH OF SPECIFIC PURPOSE SURVEY COPYRIGHT 2013: F.L.A. SURVEYS CORP.
SKETCH OF PROPOSED IMPROVEMENTS PAGE 1 OF 2
NOTES SEE REVERSE SIDE FOR PAGE 2 OF 2
BOUNDARY INFORMATION AND OTHER THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP.
IMPROVEMENTS SHOWN WERE TAKEN THE SPECIFIC PURPOSE OF THIS SURVEY
FROM BOUNDARY SURVEY BY THIS IS TO SHOW PROPOSED IMPROVEMENTS ON
FIRM DATED 11/22/2013. THE SURVEY OF A PROPERTY PREVIOUSLY
NOT FOR FENCE CONSTRUCTION SURVEYED BY THIS FIRM. PROVIDED BY CLIENT
NOT FOR CONSTRUCTION 10.0" REAR YARD STREET ADDRESS:
.NOT FOR DESIGN FIR 5/8' ACCESSORY 1185 POMPEI LANE
FIR 5/8' N,89'4 7'00T, 75.00' (P) NO ID STRUCTURE NAPLES, FLORIDA
#LB 4273 N.89°51'29'E 74,93' CC) 0.7'SW SETBACK LINE
4' CLF 0.0', PLAT BOUNDARY 1'5'
Y -''fir-* REE UN _ I
5` UE 7 GTE �p�' CORNER +
E "`" '0.4 PROPOSED 28'.
PROPOSED 15' X rQo.———_ — ____„:„---117-
'_„°� X 14' POOL -A N
11✓5' WOOD DECK "�-- _.L i's! b
;WITH TIKI HUT t .6.0, t--17,9'-- [ 7.5' SIDE YARD B, E,
1 1.,..4...._.r..), - 280'
I ' ]4 LOT 9 SETBACK LINE
8.1' al' `'•
7.5' SIDE YARD/ w BLOCK H S,.
SETBACK LINE 7.8' '
f 1
I
^4
o a0' U �
N I SINGLE STORY SCALE 1" = 30'
°o o as RESIDENCE a p
LOT 7 BOCK H o~ #1185 o 0
W " "" 3
' CI
tiv ff A/C Z CI
�0
Ch
8.1' 37.6' OQ O
2 � I ■0
CS
2L4' tj
a . Z ti
LOT 8 I h q
BLOCK H
31)0' 0. J
FIR 5/8' CONC I Q
#LB 4273 DRIVE I FIR 5/8' 0-
RIGHT OF 614 r,,, #L B 4273 ^ Z
S.89'50 36'W, 7503' CM) a I N.89'47'00'E, (BOB,) y FIR 5/8'
II S89'47'00'W 7500' (P.) fI 620,00' (P) 619.49' CM) NO ID
3Gy0' / \3d(0'
EDGE OF PAVEMENT\ I
I I
CENTERLINE-. _i _ _ _ I _ -
POMPEI LANE 60' ROW
AND F. DY,rit,,
Na 3859
LEGAL DESCRIPTION : ,t,4'1-47-e v,oalbPt
LOT 8, BLOCK H, SORRENTO GARDENS, ACCORDING TO THE PLAT fit suRVEy
THEREOF, RECORDED IN PLAT BOOK 6, PAGE 38, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
CURRENT SETBACK LINES CSBL) SHOWN WERE
PROVIDED BY CHRISTINE WILLOUGHBY OF THE
CERTIFIED TO : COLLIER COUNTY PLANNING DEPARTMENT AND
MUST BE VERIFIED PRIOR TO DESIGN OR
DAVID BURKE AND DENNIS G, GORMAN CONSTRUCTION.
QUALITY CONTROL 10' REAR ACCESSORY STRUCTURE SBL
7.5' SIDE SBL
BY : DYSARDO DATE :_ 5/09/2014
I CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS
SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
472.027, FLORIDA STATUTES. 0 7 15 30 50
CERTIFICATION GRAPHIC SCALE
I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE. NOTE
��74 IN COMPLIANCE WITH F.A.C.
BY • SURVEY DATE :_5/09/2014 IN COMPLIANCE
(2) (d) C4) (IF LOCATION OF
EASEMENTS OR RIGHT-OF-WAY OF RECORD,
CLINTON W. FINSTAD;PE, CFM, PIS #2453 LELAND F. DySARD, PIS #3859 OTHER THAN THOSE ON RECORD PLAT, IS
MARY E. FINSTAD, CFM, PSM #5901 REQUIRED, THIS INFORMATION MUST BE
FURNISHED TO THE SURVEYOR AND MAPPER.
NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL
NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE' IF APPLICABLE, FENCES SHOWN MEANDER
FLORIDA STATUTE 5J-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION ON OR OFF LINES. (APPROX. LOCATION ONLY)
NOTE: PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING,
PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION.
3884 PROGRESS AVE., SUITE 104 REVISIONS
NAPLES, FL 34104
F.L.A. SURVEYS CORP. 239-403-1600 FAX 403-8600
PROFESSIONAL LAND SURVEYORS & MAPPERS—LB 6569 239-404-7129 239-580-2795
239-250-2792 239-825-8504 PROJECT NO:
9220 BONITA BEACH ROAD, STE 200
DRAWN BY: 1 LFD PARTY CHIEF: N/A BONITA SPRINGS, FL 34135 14-85119
EXHIBIT "A"