HEX Final Decision 2015-29 HEX NO. 2015—29
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150000006 —Don and Victoria Strumillo request a variance from
Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum
accessory structure side yard setback from 25 feet to 2 feet for a renovated pool and pool
deck, and a proposed new pool screen enclosure and colonnade, and from 25 feet to 19 feet
for a permitted lanai expansion; and a variance from Section 5.04.03 of the Pelican Bay
PUD, Ordinance No. 77-18, as amended, to reduce the minimum tract boundary setback
line from 25 feet to 2 feet for a renovated pool and pool deck, and a proposed new pool
screen enclosure and colonnade, and from 25 feet to 19 feet for a permitted lanai
expansion, on property located at Lot 9, Pointe Verde at Pelican Bay, in Section 4,
Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: July 23, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicants 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:
No objections were received for this application. This property is within the Pelican Bay Planned
Unit Development (PUD) which includes development standards for all properties within the
PUD. While there was sufficient analysis to support these variances, it should be noted that the
PUD does also provide for alternative setbacks based on clustering of units and common
architectural elements. The staff report included letters and other correspondence supporting this
variance request from land owners within the area.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20150000006, filed by Christopher
Kalina of Infinite Renovations, LLC, on behalf of Don and Victoria Strumillo, for the following
variances:
1. from Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum
accessory structure side yard setback from 25 feet to 2 feet for a renovated pool and pool
deck, and a proposed new pool screen enclosure and colonnade; and
[15-CPS-01420/1197379/1]39 1 of2
2. from Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum
accessory structure side yard setback from 25 feet to 19 feet for a permitted lanai
expansion; and
3. from Section 5.04.03 of the Pelican Bay PUD, Ordinance No. 77-18, as amended, to
reduce the minimum tract boundary setback line from 25 feet to 2 feet for a renovated
pool and pool deck, and a proposed new pool screen enclosure and colonnade; and
4. from Section 5.04.03 of the Pelican Bay PUD, Ordinance No. 77-18, as amended, to
reduce the minimum tract boundary setback line from 25 feet to 19 feet for a permitted
lanai expansion.
These variances are approved as to the property located at 6950 Verde Way, Naples, Florida, as
depicted in the Screen Enclosure Exhibit attached as Exhibit"A".
ATTACHMENTS: Exhibit A—Screen Enclosure Exhibit
LEGAL DESCRIPTION: Lot 9, POINTE VERDE AT PELICAN BAY, as recorded in Plat
Book 20, Pages 45 through 46, inclusive, 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
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.
- 28 20 l S 1°)6E1 -J
Date Mark Strain, Hearing Examiner
Apprived ved as to orm and legality:
,`=-
Scott - . •ne
Assistant County Attorney
HS-CPS-01420/1197379/1139 2 of 2
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NORTH NAPLES,COLLIER COUNTY,FLORIDA