HEX Final Decision 2016-15 HEX NO. 2016 — 15
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150000886 — Larry and Bonnie Lauffer request a variance from
Section 4.02.01 A., Table 2.1 of the Land Development Code to reduce the front yard
principal structure setback line from 25 feet to 13 feet on the south front yard and from 25
feet to 10.6 feet on the east front yard for an existing mobile home carport that was
enclosed without a building permit in 2014 on property within the Mobile Home (MH)
zoning district, located on an unrecorded lot at 226 Rookery Road, just north of Manatee
Road, approximately 1000 feet east of Collier Boulevard (S.R. 951) in Section 10,
Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: April 28, 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:
This application was initiated as a result of a code enforcement case. Letters in support of this
application were received from the Homeowners Association and fourteen neighboring property
owners. No members of the public, other than the applicant, were in attendance and no
communications were received opposing this application. Staff has indicated that the carport
creating the setback violation was constructed in 1982.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20150000886 filed by Larry and
Bonnie Lauffer, for a variance from LDC Section 4.02.01 A, Table 2.1, to reduce the front yard
principal structure setback line from 25 feet to 13 feet on the south front yard and from 25 feet to
10.6 feet on the east front yard for an existing mobile home carport on the property described in
Exhibit A, and as shown in the Setback Map attached as Exhibit B, and as subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B — Setback Map
[15-CPS-01440/1253052/1]26 1 of 2
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The Owner/Applicant shall apply for a building permit for the carport and receive a
Certificate of Occupancy within six (6) months of the date of this Hearing Examiner
Decision.
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.
Date Mark Strain, Hearing Examiner
Approv as to rm and legality:
Scott Stone
Assistant County Attorney
[15-CPS-01440/1253052/1]26 2 oft
*** 011: 3543 PG: 2360 ***
Exhibit A
Commencing at the Southeast corner of Lot 9, Block D, Riverwood, Unit No. 2, as recorded in Plat Book
10, Page 90, of the Public Records of Collier County, Florida, run South 89°20'26" East 505.00 feet along
the North boundary of Rookery Road to the Point of Beginning; thence continue along said line 57.42 feet
to a point of curve, said curve having a radius of 25.00 feet and a central angle of 90°00'; thence along
the arc of said curve concave to the Northwest 39.27 feet to the Point of Tangency; thence North
0°39'34" East 55.00 feet along the West bouncaI'y of G ava Drive; thence North 64°53'47" West 120.83
feet; thence South 0°39'34" West 1 (9`�f r � rth 89°20'26" West 17.42 feet; thence South
21°34'45" East 118.90 feet to the'•'P bf B- ginning, Sland l 'g'and being in Section 10, Township
51 South, Range 26 East, Collier ty, Florida.
Together with 1973 FESTI Mobile HHS D#32D34Cs2� 4X, Titl #6073272 and 1973 FESTI Mobile
Home, ID#32D34CS2554Ut, Titl #6173270. .�-� _
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Setback Map
VA-PL20150000886,226 Rookery Road