HEX Final Decision 2015-11 HEX NO. 2015- 11
HEARING EXAMINER DECISION
PETITION NO. VA-PL20140002843 — DR Horton, Inc. requests an after-the-fact variance
from Section 3.05.07.H.3 of the Land Development Code to reduce the principle structure
preserve setback line from 25 feet to 11.48 feet on the side yard of a permitted single-family
dwelling unit currently under construction, located at Turnbury Preserve Lot 1, also
described as 305 Turnbury Way, in Section 24, Township 48 South, Range 25 East, Collier
County, Florida.
DATE OF HEARING: March 26, 2015
STAFF RECOMMENDATION: Approval.
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 and the petition is approved.
ANALYSIS:
The original staff report requested a dwelling unit setback reduction to 11.48 feet from the
required 25 feet. Upon further review of additional documents from the applicant, it was
discovered that the dwelling unit was built with a setback of 16.95 feet instead of the required 25
feet. The applicant agreed to a setback to the preserve of 16.95 feet.
This decision approves a variance to allow a setback to the preserve of 16.5 feet instead of 25
feet. Even though the applicant did not request the additional flexibility provided by using a 16.5
foot setback, this will avoid minor inconsistencies that could occur in field implementation if the
actual setback is less than 16.95 feet.
There were no members of the public in attendance for this application and no objections have
been received.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-20140002843 filed by Patrick Vanasse,
AICP of RWA, Inc. on behalf of D. R. Horton, Inc., for a variance from LDC Section
3.05.07.1.3 to reduce the principle structure preserve setback line from 25 feet to 16.5 feet on
the side yard of a permitted single-family dwelling unit currently under construction on property
located at Turnbury Preserve Lot 1, also described as 305 Turnbury Way, Naples, Florida, as
shown in the Boundary Survey & Site Plan attached as Exhibit "A", and as subject to the
condition(s) set forth below.
[15-CPS-01414/1163452/1]19 1 of2
ATTACHMENTS: Exhibit A—Boundary Survey & Site Plan
LEGAL DESCRIPTION: Lot 1 of TURNBURY PRESERVE, according to the Plat thereof,
recorded in Plat Book 53, page 80, of the Public Records of Collier County, Florida.
CONDITIONS:
A reduced principal structure setback from 25 feet to 16.5 feet adjacent to the preserve area.
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 THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
11 - - 201C U P. 4i'
Date Mar Strain, Hearing Examiner
Appro ed as tcaorm and legality:
Sco A. Stone
Assistant County Attorney
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