HEX Final Decision 2015-31 HEX NO. 2015—31
HEARING EXAMINER DECISION
PETITION NO. VA-PL20140002328 — Paul Wassberg requests a variance from Section
4.02.16 C.2.g of the Land Development Code to reduce the rear yard accessory structure
setback line from 10 feet to 0 feet to allow for construction of a proposed pool and screen
enclosure on property located at 3250 Collee Court, approximately one-quarter mile south
of the intersection of Tamiami Trail East and Airport-Pulling Road in Section 14,
Township 50 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: August 13, 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 subject lot is part of an unrecorded subdivision created in 1955. Documents supplied by the
applicant indicate that lots within this subdivision included front and side yard setbacks with no
rear setbacks noted. The rear of the subject lot abuts a drainage easement, commonly known as
Haldeman Creek, with approximately 35 feet of separately platted land between the lot line and
the actual water line of the waterway. This 35 feet of platted land provides the appearance of a
larger back yard and acts similar to a setback between the rear lot line and the edge of water.
There were no objections to this application.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20140002328 filed by Michael R.
Fernandez, AICP, of Planning Development Inc., on behalf of Paul R. Wassberg, for a variance
from LDC Section 4.02.16 C.2.g to reduce the rear yard accessory structure setback line from 10
feet to 0 feet to allow for the construction of a proposed pool and screen enclosure on property
located at 3250 Collee Court,Naples, Florida, as shown in the Site Plan attached as Exhibit"A".
ATTACHMENTS: Exhibit A— Site Plan
Exhibit B —Legal Description
LEGAL DESCRIPTION: See Exhibit B.
[15-CPS-01435/1200681/1]46 1 of2
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.
8 — 9,c5 - 5 Gult
IF
Date Mar Strain, Hearing Examiner
Appr ed as to foA and legality:
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Scott A. one
Assistant County Attorney
[15-CPS-01435/1200681/1]46 2 oft
Exhibit A
GRAPHIC SCALE �`
COLLEE COURT 10 20 it Il�/
__..._.... -.._. --- ..._...__._._...._._._3250
50' - .-
-r T x'-10 FT FRONT YARD SETBACK
.....c.,
O
Q
UJ
11'
CI
4, 530± SF SWIMMING POOL WITHIN
1 25 FT x 35 FT SCREEN ENCLOSURE
FOOTPRINT ^ WITH DEPICTION OF A 4 FT
00 OBSTACLE FREE PERIMETER DECK
FOR SAFETY f
777'
7.5' LANAI 7 5,
REAR YARD SETBACK
— �t
pop
10 FT EXISTING.
1
SCREEN ENCLOSURE/POOL SETBACK
'—' - QEI PROPOSED f1CCESSORY USE SETBACK FOR
POOL,WITH OR WITHOUT SCREEN ENCIMIT E
I
I
35 FT SEGMENT COMPONENT AS NOTED ON SUBDIVISION PLAN,
OF 150 FT DRAINAGE EASEMENT / R/W
—35 FT MAINTENANCE DRAINAGE EASEMENT
PROVIDES EFFECTIVE REAR SETBACK
—_____T E.O.W.
Te 5 0 F T.CANAL RIGHT•O F W A'Y DRAINAGE EASEMENT AS RECORDED IN DEED BOOK 28- /
/// / A / THE UBLI
Exhibit B
LEGAL DESCRIPTION OF 3250 COLLEE CT, NAPLES, FLORIDA
A lot or parcel of land in Lot 118 of NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2
as recorded in Plat Book 1, at Page 27, of the Public Records of Collier County, Florida, the said
parcel being specifically described as the West 50 feet of the East 226.12 feet of that part of the
said Lot 118 lying North of a certain drainage easement,as recorded in Deed Book 28 at Page 443
of the Public Records of Collier County, Florida, excepting therefrom the North 30 feet. This
conveyance includes perpetual rights of ingress and egress from the described land, over and
along an access easement,the said easement being described as the South 29 feet of the North
30 feet of the West 450 feet of the East 526.12 feet of the said Lot 118. The described property
being indicated as Lot 4 of an unrecorded plat of"Haldeman Canal Homesites".