HEX Final Decision 2015-22 HEX NO. 2015—22
HEARING EXAMINER DECISION
PETITION NO. VA-PL20140001721 —Belaire Development, LLC requests a variance from
Section 4.02.01 Table 2.1, which requires a 20-foot rear yard setback from the mean high
water line, to instead allow a 7.2-foot rear setback, for an existing single-family dwelling
that was permitted to be constructed 20 feet from the rear property line instead of the 20
feet from the mean high water line, on property located at Lot 67, Gulf Harbor subdivision,
in Section 16, Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: May 14, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
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:
This request is necessary as a result of errors in the issuance of a building permit by county staff.
The point of measurement for the rear property line was applied in error during staff review,
resulting in this single family home being placed closer to the adjacent water body than allowed
by the Land Development Code. Two members of the public attended this meeting and
expressed concerns. The first speaker expressed concern about the structural capability of this
home now that it was closer to the water. The second speaker addressed the ability for untreated
water runoff from the roof of the home to fall directly into the adjacent canal.
The review of the building plans by the building department has confirmed that the home is
structurally designed consistent with all building codes and as such was permitted and inspected
accordingly.
The building plans also call for downspouts and gutters to collect roof runoff and channel that
runoff into onsite water management areas. The applicant agreed to provide the calculations for
the sizing of the gutter system to the Engineering Services Section, of the Growth Management
Department. If needed after the engineering review, the applicant agreed to add water diverters,
in addition to the gutters, to assure water will be properly directed.
[14-CPS-01365/1151204/1]24 1 of 2
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20140001721 filed by Brian Haag
of Windward Construction, LLC, on behalf of Belaire Development, LLC, for a variance from
LDC Section 4.02.01 Table 2.1, which requires a 20-foot rear yard setback from the mean high
water line, to instead allow a 7.2-foot rear setback, for an existing single-family dwelling that
was permitted to be constructed 20 feet from the rear property line instead of the 20 feet from the
mean high water line, on the property located at 1293 Belaire Court and fully described herein,
as shown in the Survey Sketch attached as Exhibit "A", and as subject to the condition(s) set
forth below.
ATTACHMENTS: Exhibit A—Survey Sketch
LEGAL DESCRIPTION: Lot 67, GULF HARBOR, a subdivision, according to the Plat
thereof recorded at Plat Book 4, page 31, of the Public Records of Collier County, Florida.
CONDITIONS:
1. The applicant will provide calculations to confirm the sizing of a roof water collection
gutter and downspout system for the roof area at the rear of the structure. The collection
system shall be installed prior to the issuance of the Certificate of Occupancy. The water
collected will be diverted into water management areas to avoid direct discharges into the
adjacent water body.
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
or the Board of Zoning Appeals, as appropriate. 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.
5 - Z .-a0/5
Date M. Strain,Hearing Examiner
Appr• -d as to f and legality:
fir
Scott A. Stone
Assistant County Attorney
[14-CPS-01365/1151204/1]24 2 of 2
WOOD DECK/DOCK
CANAL EXHIBIT A
N 0'00'00"E 60.00' __
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MHW LINE — 10' UTILITY EASIEMENT t — WOOD DOCK
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7�1 I} 4 OVERHANG i
L�x�I PERMITTED 20'SETBACK LINE
o aD 1 s 20'REAR SETBACK LINE
N `;�°p Q MEASURED FROM MHW
1 E0 PORCH / BALCONY_t____ _ _t_ ,
, 1.4.___7.5'
66 67 68
12.8' VARIANCE-I I o z
NEEDED TO SATISFY o co
BUILDING SETBACK • N
REQUIREMENT. 2 STORY HOUSE #1293 co
(2.0'INTO OVERHANG 3 rn
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PORCH/BALCONY
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SIR I V'V `�0 NO CAP \60.00'CAP _
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TOP OF NAL I POWER POLE
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(l CENTERLINE RIGHT-OF-WAY ti�fj0752 /
x ASPHALT PAVEMENT yx
' BELAIRE COURT (60') ti
AS-BUILT SURVEY
LOT 67, GULF HARBOR, A SUBDIVISION ACCORDING CERTIFIED TO:
TO THE PLAT THEREOF RECORDED AT PLAT BOOK BELAIRE DEVELOPMENT, LLC
4, PAGE 31, IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA WINDWARD CONSTRUCTION
REVISED 5/20/15 - CHANGED VARIANCE DIMENSION
REVISED 11/17/14 - SHOW 20' REAR SETBACK ENCROACHMENT
BASIS FOR BEARINGS: BELAIRE COURT - PLAT BEARING SCALE: 0 2 !SURVEY 4/03/14
CITY 120067 IMPANEL 1202100191 sU'Fix H DATE OF 5/16/12 AE AT�aN°0D 9
FR=FOUND RON ROD LEGEND +0.0 =EXISTNG ELEVATION THS SURVEY S HEREBY CERTFED CORRECT TO
FP=FOUND RON PPE / =UTUTY RISER THE BEST OF MY KNOWLEDGE AND BELEF.THS FDH=FOLD DRLL HOLE L SURVEY IS NOT A CERTFICATION OF ITR.E,ZONNG
FCM=FOUND CONCRETE MONUMENT ♦ =UTILITY POLE OR FREEDOM FROM ENCUM3RANCES.
SR=SET RON ROD 1/2•LBA7075
POE=PUBLIC UTUTY EASEMENT 0=FRE HYDRANT NO UNDERGROUND STRUCTURES HAVE BEEN
PU&DE=PLBUC UTUTY& LOCATED BY THIS SURVEY.ANY REFERENCE TO
DRANAGE EASEMENT 0=CATCH BASN U•DERGRROLU)STRUCTURES F MAY 5
SNBd)=SET NAL&DISK LB#7075 APPROXMATE.
PRM=PERMANENT REFERENCE MONUMENT (P) .LAT
FN&f)=FOUND NAL&MX (F)=FELD UNLESS OTHERWISE SHOWN ALL FELD MEASURED -
POB=PONT OF BEGNING (D)�EED DIRECTIONS AND DISTANCES ARE N SUBSTANTIAL _
FE.COR. ENCE CORNER (C)=COAPUTED AGREEMENT WITH THE ERECTIONS&DISTANCES OF
CONC:CONCRETE RECORD FOR TIE PARCEL SURVEYED.
*=NOT FELD MEASURED X 5/20/15=WIRE FENCE -.. .,..
L.AAE=LAKE MANTENANCE EASEMENT THS SURVEY MAY NOT BE USED BY ODER THAN
DE=DRANAGE EASEA£NT =WOOD FENCE THE CERTFED TO PARTIES. IGN L VAUD
RASED WITHOUT CE.DAVIS,CERTIFICATE.DAVIS,P
NAVD�KRIH Ab£RICAN VERTICAL THE SN7NATORE AND TFE ORIGNAL RAISED SEAL OF �- ERIC LB�7075�1 5544
DATLM OF 1988 TIE FLORIDA LICENSED SURVEYOR AND MAPPER.
DAVIS 4536 SE 16th PLACE SUITE 3 JOB NUMBER:
MIMI
CAPE CORAL, FLORIDA 33904 13-0126
SURVEYING RINC:COM TE CONTACT @DAV SLA DSURVEYS.COM FAX(239)549-2548