HEX Final Decision 2016-19 4 •�
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Minutes & Records, Clerk of Courts
FROM: Wanda Rodriguez, ACP
DATE: June 1, 2016
RE: Hearing Examiner Decision(s) from May 26, 2016.
Attached are the signed HEX decisions from the blearing Examiner hearing on May 26,
2016.
Attachments: HEX No. 2016 — 17
HEX No. 2016 — 18
HEX No. 2016— 19
1-IEX No. 2016 —20
[05-COA-01253/813782/I]744
HEX NO. 2016— 19
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150000388 — The Kenney Florida Residence Trust requests a
variance from Section 4.02.03 A., Table 4 of the Land Development Code to reduce the
minimum side yard accessory structure setback line from 10 feet to 8.12 feet for a proposed
pool screen enclosure to replace the original permitted pool screen enclosure on waterfront
property in a Residential Single-Family-3 (RSF-3) zoning district, located on Lot 35, Block
L, Conner's Vanderbilt Beach Estates Unit 2, at the northwest corner of Vanderbilt Drive
and Lagoon Avenue, in Section 29, Township 48 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: May 26, 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 item and no objections were received by staff.
The single family home was built in 1984 consistent with the code at that time and the screen
enclosure was properly permitted. According to the current owner, the original screen enclosure
was destroyed by Hurricane Wilma in 2005, and now the owners have requested this variance to
build a new enclosure at the same setback as the original enclosure. The existing Land
Development Code regulations require a setback greater than applied at the time the original
screen enclosure was permitted.
This residence is on a corner lot. For dual frontage corner lots the Code allows the remaining
setbacks to be side yard setbacks. This variance is seeking relief from a side yard setback on a
corner lot.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20150000388 filed by Blair Foley,
P.E., on behalf of the Kenney Florida Residence Trust, for a variance from LDC Section 4.02.03
A., Table 4, to reduce the minimum side yard accessory structure setback line from 10 feet to
8.12 feet for a proposed pool screen enclosure to replace the original permitted pool screen
[15-CPS-01499/1259484/1]32 1 of 2
enclosure on property located at 481 Lagoon Ave.,Naples, Florida, and further 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 35, Block L, Conner's Vanderbilt Beach Estates Unit 2,
according to the Plat thereof, as recorded in Plat Book 3, Page 17, of the Public Records of
Collier County, Florida.
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.
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s ( � l c�
Date Mark Strain, Hearing Examiner
Appr ved as to form and legality:
Sco A. tone
Assistant County Attorney
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