HEX Final Decision 2016-01 HEX NO. 2016 - 01
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150001166 — Alberto Bolanos requests a variance from Section
4.02.01 A., Table 2.1 of the Land Development Code to reduce the minimum side yard
accessory structure setback line from 30 feet to 27.6 feet for a permitted detached exercise
room with a bathroom that is currently under construction on property located on the
West 180 feet of Tract No. 129, Golden Gate Estates Unit No. 97, south of Immokalee Road,
approximately 1000 feet west of Logan Blvd. in Section 29, Township 48 South, Range 26
East, Collier County,Florida.
DATE OF HEARING: January 14, 2016
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:
Other than representatives of the applicant, there were no members of the public in
attendance for this request. One written objection was received by staff from an
adjoining neighbor. The neighbor expressed concern over the applicant's error for not
using a surveyor earlier in the process, the general manner in which the applicant handled
this addition to his home, and potential concerns should this neighbor sell their property
and a future buyer possibly having a problem with the setback variance.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20150001166 filed by Alberto
Bolanos, with respect to the property hereinafter described, for a variance from LDC Section
4.02.01 A., Table 2.1 to reduce the minimum side yard accessory structure setback line from 30
feet to 27.6 feet, for a permitted detached exercise room with a bathroom that is currently under
construction on property located at 5780 Autumn Oaks Lane, Naples, Florida, 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: The West 180 Feet of Tract 129, Golden Gate Estates Unit No. 97,
according to the Plat thereof, recorded in Plat Book 7, page 95, of the Public Records of Collier
County, Florida.
[15-CPS-01459/1234450/1] 1 oft
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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.
20 r(0 /J
Date Mark Strain, Hearing Examiner
A•.%' wat and legality:
Scott A. Stone
Assistant County Attorney
[15-CPS-01459/1234450/l] 2 of 2
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