CCPC Backup 01/19/2017 COLLIER COUNTY
PLANNING COMMISSION MEETING
BACKUP
JANUARY 19, 2017
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., JANUARY 19, 2017,
IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION
BUILDING, COUNTY GOVERNMENT CENTER,THIRD FLOOR, 3299 TAMIAMI TRAIL EAST,
NAPLES,FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON
ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOWED
10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE
CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC
MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT
SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE
PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO
BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE
APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO
THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS
BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD
AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF
COUNTY COMMISSIONERS IF APPLICABLE.
•
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL •
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND •••
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. •••
1. PLEDGE OF ALLEGIANCE •
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES
6. BCC REPORT-RECAPS
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA
9. ADVERTISED PUBLIC HEARINGS:
A. VA-PL20160001181: A Resolution of the Board of Zoning Appeals of Collier County,
Florida, relating to Petition Number VA-PL20160001181, for a Variance from Section
4.02.03.a, Table 4 of the Land Development Code to reduce the minimum rear yard
accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool
deck and stairs on a waterfront lot within the residential single-family (RSF-3) zoning
district on property located at 342 Trade Winds Avenue, hereinafter described in Collier
County,Florida.[Coordinator.Fred Reischl,AICP,Principal Planner]
B. An Ordinance of the Board of County Commissioners of Collier County,Florida, amending
Ordinance Number 04-41,as amended,the Collier County Land Development Code,which
includes the comprehensive land regulations for the unincorporated area of Collier County,
Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three,Adoption of Amendments to the Land Development Code,more specifically amending
the following: Chapter Two—Zoning Districts and Uses, including section 2.0106 Planned
Unit Development Districts, section 2.03.09 Open Space Zoning Districts; Chapter Three—
Resource Protection, including section 3.05.07 Preservation Standards; Chapter Five —
Supplemental Standards,adding section 5.05.15 Conversion of Golf Courses;Chapter Six -
Infrastructure Improvements and Adequate Public Facilities Requirements, including section
6.05.01 Water Management Requirements, adding section 6.05.03 Stormwater Plans for
Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes; Chapter Ten —
Application, Review, and Decision-Making Procedures, including section 10.03.06 Public
Notice and Required Hearings for Land Use Petitions; Section Four, Conflict and
Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date. [Coordinator: Caroline Cilek, AICP, Manager, LDC,
.•
Development Review] (The CCPC members have been provided copies;however, the LDC
Amendments can be accessed here:www.collieruovietipublicintgs.)
10. NEW BUSINESS
11. OLD BUSINESS
12. PUBLIC COMMENT
13. ADJORN
CCPC Agenda/Ray Bellowsijmp
CCPC 1 -19-2017
VA—PL201600011 81
Ann P. Jennejohn 342 TRADE WINDS AVENUE
From: Reischl, Fred
Sent: Tuesday, December 20, 2016 11:09 AM
To: Minutes and Records
Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Rodriguez,Wanda; Neet, Virginia;
Kendall, Marcia; PageErin; KulakPatricia
Subject: Ad Request Trade Winds VA
Attachments: Ad Request - signed.pdf; Ad Request 1-19 CCPC.docx; Ad Map.pdf
Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for
approval prior to processing.
Thanks!
Fred
Fred Reischl, AICP
Principal Planner
Zoning Division
Phone: 239-252-4211
colliergov.net
Co er County
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, December 20, 2016 11:24 AM
To: Reischl, Fred; Rodriguez, Wanda
Subject: RE:Ad Request Trade Winds VA
Hi there,
I'll sevtd this to NPN right away and
forward your proof a.s.a.p.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 23q-252-8408
From: Reischl, Fred
Sent:Tuesday, December 20, 2016 11:09 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Cc: Bellows, Ray<RayBellows@colliergov.net>; Bosi, Michael <MichaelBosi@colliergov.net>; Patricia L. Morgan
<patricia.morgan@collierclerk.com>; Rodriguez, Wanda <WandaRodriguez@colliergov.net>; Neet,Virginia
<VirginiaNeet@colliergov.net>; Kendall, Marcia <MarciaKendall@colliergov.net>; PageErin <ErinPage@colliergov.net>;
KulakPatricia <PatriciaKulak@colliergov.net>
Subject:Ad Request Trade Winds VA
Please process the attached and acknowledge receipt at your earliest convenience. Also, please send confirmation for
approval prior to processing.
Thanks!
Fred
Fred Reischl, AICP
Principal Planner
Zoning Division
Phone: 239-252-4211
colliergov.net
C o er COUrtty
Ann P. Jennejohn
From: Rodriguez, Wanda
Sent: Tuesday, December 20, 2016 4:32 PM
To: Ann P.Jennejohn
Cc: Reischl, Fred; Stone, Scott
Subject: RE: Ad Request Trade Winds VA
Ann,
Scott has confirmed that this item may go forward, and the ad request is good. OK to proceed.
Wanda Rodriguez, MCP
Advanced Certified Paralegal-
Office of the County.Attorney
(239)252-8400
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Tuesday, December 20, 2016 11:58 AM
To: RodriguezWanda
Subject: RE: Ad Request Trade Winds VA
Got it, thank you!
An Jevwtejohvt, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes Sr Records Dept.
239-252-8406 Fax 239-252-8408
From: Rodriguez, Wanda
Sent:Tuesday, December 20, 2016 11:55 AM
To:Ann P.Jennejohn<Ann.Jenneiohn@collierclerk.com>
Cc: Reischl, Fred <FredReischl@colliergov.net>; Stone,Scott<ScottStone@colliergov.net>
Subject: RE: Ad Request Trade Winds VA
Ann,
I am still waiting on confirmation from the attorney that this item is ready to go to hearing. Please do
not process further until hearing from me. Thank you,
Wanda Rodriguez, .ACP
Advanced Certified Paralegal
Office of the County.Attorney
(239)252-8400
1
December 20, 2016
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on December 30,2016 and furnish proof of publication
to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning
Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be a 114 page advertisement, and the headline in the advertisement must be in a type no smaller
than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices
and classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION:ZONING
[Zoning Services Section]
FUND& COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500172052
Account Number: 068779
•
Authoriz`d rgnee signature for PC Advertising
P!
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning Commission at 9:00
A.M., on Thursday,January 19, 2017, in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL., to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING
TO PETITION NUMBER VA-PL20160001181, FOR A VARIANCE FROM SECTION 4.02.03.a, TABLE 4
OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY
STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL
DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3)
ZONING DISTRICT ON PROPERTY LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
(Insert map)
All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION will be
made available for inspection at the Collier County Clerk's office, fourth floor, Collier County Government
Center, 3299 East Tamiami Trail, suite 401, Naples, FL, one week prior to the scheduled hearing. Written
comments must be filed with the Zoning Division, Zoning Services Section, prior to Thursday, January 19,
2017.
If a person decides to appeal any decision made by the Collier County Planning Commission with
respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and
for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,
you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired
are available in the Board of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
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Account #068779
Corporate Reference #505868
December 20, 2016
Attn: Legals
Naples News Media Group
1100 Immokalee Rd.
Naples, Florida 34110
Re: VA-PL20160001181, Display Notice w/Map
Dear Legals:
Please advertise the above referenced notice w/MAP on Friday, December 30, 2016,
and send the Affidavit of Publication, together with charges involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500172052
December 20, 2016
Collier County Planning Commission Public Hearing
Advertising Requirements
Please publish the following Advertisement and Map on December 30,2016 and furnish proof of publication
to the attention of Fred Reischl, Principal Planner in the Growth Management Department, Zoning
Division,Zoning Services Section,2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement
must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller
than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices
and classified advertisements appear.
Please reference the following on ALL Invoices:
DIVISION: ZONING
[Zoning Services Section]
FUND &COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500172052
Account Number: 068779
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County Planning
Commission at 9:00 A.M., on Thursday,January 19, 2017, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail
East,Naples FL.,to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A VARIANCE
FROM SECTION 4.02.03.a, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE
THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20
FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A
WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING
DISTRICT ON PROPERTY LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
(Insert map)
All interested parties are invited to appear and be heard. Copies of the proposed RESOLUTION
will be made available for inspection at the Collier County Clerk's Office, Fourth Floor, Collier
County Government Center, 3299 Tamiami Trail East, Suite 401, Naples, FL, one week prior to
the scheduled hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday,January 19,2017.
If a person decides to appeal any decision made by the Collier County Planning Commission
with respect to any matter considered at such meeting or hearing, he will need a record of that
proceeding, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,
Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
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Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, December 20, 2016 5:04 PM
To: Naples Daily News Legals
Subject: VA-PL20160001181 (Display w/Map)
Attachments: VA-PL20160001181.doc;VA-PL20160001181 (CCPC 1-19-2017).doc; VA-
PL20160001181.pdf
Please advertise the attached notice (w/MAP)
on Friday, December 30, ZO16.
Please send the proof to wtinutesandrecords@collierclerk.covv►;
I will not be in the office the rest of the week.
Thank you!
AK vt Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment r3oard
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
Teresa L. Cannon
From: Gori, Ivonne <Ivonne.Gori@naplesnews.com>
Sent: Thursday, December 22, 2016 8:58 AM
To: Minutes and Records
Subject: FW: 1413029
Attachments: N D-14130291egal.pdf
Please see proof for you to review and approve.
Thanks
Ivonne
1
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission at 9:00 A.M., on Thursday, January 19, 2017, in
the Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center,3299 Tamiami Trail East, Naples FL.,to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A
VARIANCE FROM SECTION 4.02.03.a,TABLE 4 OF THE LAND DEVELOPMENT
CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE
SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE
RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY
LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
Bluebili AVE: 111th AVE N
PROJECT
LOCATION G
1\ �1
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of -" p
Mexico g- \ R 71
0
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70 Vadder
E blit
Beach Rp
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All interested parties are invited to appear and be heard. Copies of the
proposed RESOLUTION will be made available for inspection at the Collier
County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday,January 19,2017.
If a person decides to appeal any decision made by the Collier County
Planning Commission with respect to any matter considered at such meeting
or hearing, he will need a record of that proceeding, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be
based.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
December 30, 2016 ND-1413029
❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY:
PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE
ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/21/2016 2:49 PM
SALES PERSON: Ivonne Gori PROOF DUE:-
PUBLICATION:ND-DAILY NEXT RUN DATE: 12/30/16 ND-1413029.INDD
SIZE:3 col X 9.25 in
Teresa L. Cannon
From: Minutes and Records
To: RodriguezWanda (WandaRodriguez@colliergov.net); Reischl, Fred
(FredReischl@colliergov.net)
Subject: FW: 1413029
Attachments: ND-14130291egal.pdf
Please review!
If sending authorization next week please send to: MinutesandRecords@collierclerk.com.
Thank you
From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com]
Sent:Thursday, December 22, 2016 8:58 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: 1413029
Please see proof for you to review and approve.
Thanks
Ivonne
1
Teresa L. Cannon
From: Rodriguez, Wanda
Sent: Thursday, December 22, 2016 1:25 PM
To: Minutes and Records
Cc: Reischl, Fred
Subject: RE: 1413029
Please delete the heading "Notice of Intent to Consider a Resolution." Sorry I missed this when the ad
was submitted, but it doesn't need to be there. Otherwise it looks good.
'Wanda Rodriguez, MCT
.Advanced Certified TaraCegal
Office of the County.Attorney
(239)252-8400
From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] On Behalf Of Minutes and Records
Sent: Thursday, December 22, 2016 9:04 AM
To: RodriguezWanda; ReischlFred
Subject: FW: 1413029
Please review!
If sending authorization next week please send to: MinutesandRecords@collierclerk.com.
Thank you
From: Gori, Ivonne [mailto:Ivonne.Goriwnaplesnews.com]
Sent:Thursday, December 22, 2016 8:58 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: 1413029
Please see proof for you to review and approve.
Thanks
Ivonne
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Cannon
From: Minutes and Records
To: Gori,Ivonne
Subject: RE: 1413029
Can you delete from the heading "Notice of Intent to consider resolution".That is the only change.
From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com]
Sent:Thursday, December 22, 2016 8:58 AM
To: Minutes and Records<MinutesandRecords@collierclerk.com>
Subject: FW: 1413029
Please see proof for you to review and approve.
Thanks
Ivonne
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission at 9:00 A.M.,on Thursday,January 19,2017, in
the Board of County Commissioners Meeting Room,Third Floor, Collier
Government Center,3299 Tamiami Trail East, Naples FL.,to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A
VARIANCE FROM SECTION 4.02.03.a,TABLE 4 OF THE LAND DEVELOPMENT
CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE
SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE
RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY
LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
• Bluebill AVE 111th AVE N
PROJECT \ (l
LOCATION ?
Gulf
of "' 0
Mexico \ I 73
4f
0 l..
73 Vanderbilt
W F Beach RD
5 t
All interested parties are invited to appear and be heard. Copies of the
proposed RESOLUTION will be made available for inspection at the Collier
County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday, January 19, 2017.
If a person decides to appeal any decision made by the Collier County
Planning Commission with respect to any matter considered at such meeting
or hearing, he will need a record of that proceeding, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be
based.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
December 30,2016 ND-1413029
0 PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY:
PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE
ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/22/2016 1:51 PM
SALES PERSON: Ivonne Gori PROOF DUE:- ND-1413029.INDD
PUBLICATION:ND-DAILY NEXT RUN DATE: 12/30/16
SIZE:3 col X 9.25 in
Teresa L. Cannon
From: Rodriguez, Wanda
Sent: Thursday, December 22, 2016 2:43 PM
To: Teresa L. Cannon
Subject: RE: Emailing: Legal rev1 ad proof ND-1413029 - let me know if approved please.
The formatting in the first paragraph should be full justified instead of center justified. Text and
everything else is fine though. Merry Christmas, enjoy your time off!
Wanda Rodriguez, ACT
Advanced Certified Paralegal
Office of the County Attorney
(239)252-8400
Original Message
From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com]
Sent: Thursday, December 22, 2016 2:41 PM
To: RodriguezWanda
Subject: FW: Emailing: Legal rev1 ad proof ND-1413029 - let me know if approved please.
Revised proof
Original Message
From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com]
Sent: Thursday, December 22, 2016 2:38 PM
To: Teresa L. Cannon<Teresa.Cannon@collierclerk.com>
Subject: FW: Emailing: Legal revl ad proof ND-1413029 - let me know if approved please.
Original Message
From: Berube, Sis
Sent: Thursday, December 22, 2016 2:38 PM
To: Gori, Ivonne <Ivonne.Gori@naplesnews.com>
Subject: Emailing: Legal revl ad proof ND-1413029 - let me know if approved please.
Your message is ready to be sent with the following file or link attachments:
Legal revl ad proof ND-1413029
Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of
file attachments. Check your e-mail security settings to determine how attachments are handled.
1
Ann P. Jennejohn
From: Gori,Ivonne <Ivonne.Gori@naplesnews.com>
Sent: Tuesday, December 27, 2016 8:42 AM
To: Minutes and Records
Subject: REVISED FW: Emailing: Legal rev3 ad proof ND-1413029 -
Attachments: Legal rev3 ad proof ND-1413029.pdf
Please fivtd the revised proof attached...thavtks!
I vovtvte
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission at 9:00 A.M., on Thursday, January 19, 2017, in
the Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Tamiami Trail East, Naples FL.,to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A
VARIANCE FROM SECTION 4.02.03.a,TABLE 4 OF THE LAND DEVELOPMENT
CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE
SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE
RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY
LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
Bluebill AVE 111th AVE N
PROJECT
LOCATION
• q J
Gulf c
of p
Mexico -;U
0
1 1
70 Vanderbilt Beach RD
WWF-E
All interested parties are invited to appear and be heard. Copies of the
proposed RESOLUTION will be made available for inspection at the Collier
County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday,January 19,2017.
If a person decides to appeal any decision made by the Collier County
Planning Commission with respect to any matter considered at such meeting
or hearing, he will need a record of that proceeding, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be
based.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
December 30, 2016 ND-1413029
❑ PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY:
PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE
ADVERTISER:BCC_ZONING DEPARTMENT PROOF CREATED AT: 12/22/2016 3:12 PM
SALES PERSON: Ivonne Gori PROOF DUE:-
PUBLICATION:ND-DAILY NEXT RUN DATE: 12/30/16 ND-1413029.INDD
SIZE:3 col X 9.25 in
Ann P. Jennejohn
From: Rodriguez, Wanda
Sent: Tuesday, December 27, 2016 9:54 AM
To: Ann P. Jennejohn; Minutes and Records
Cc: Reischl, Fred; KulakPatricia; Stone, Scott
Subject: re: Revised CCPC Notice (VA-PL201600011814)
Attachments: Legal rev3 ad proof ND-1413029.pdf
Looks good, thank you!
-Wanda Rodriguez, .ACP
Advanced Certified Paralegal
Office of the County Attorney
(239)252-8400
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Sent: Tuesday, December 27, 2016 9:51 AM
To: RodriguezWanda
Subject: Revised CCPC Notice (VA-PL201600011814)
Hi Wanda,
The revised notice for Petition VA-PL20160001181, that will run this Friday, December 30th for the January
19, 2017 CCPC Meeting, is attached for your final approval.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
Original Message
From: Gori, Ivonne [mailto:Ivonne.Gori@naplesnews.com]
Sent: Tuesday, December 27, 2016 8:42 AM
To: Minutes and Records <MinutesandRecords@collierclerk.com>
Subject: REVISED FW: Emailing: Legal rev3 ad proof ND-1413029 -
Please find the revised proof attached...thanks!
Ivonne
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Ann P. Jennejohn
From: Gori,Ivonne <Ivonne.Gori@naplesnews.com>
Sent: Tuesday, December 27, 2016 9:59 AM
To: Ann P.Jennejohn
Subject: RE: REVISED FW: Emailing: Legal rev3 ad proof ND-1413029 -
Thank you
Original Message
From: Ann P. Jevtvtejohvt [wailto:Avtvt.Jevtvtejohvt@collierclerk.cowt]
Sevtt: Tuesday, December 27, 2O1-6 9:59 AM
To: Gori, Ivovtvte <Ivovtvte.Gori@vtaplesvtews.cowt>
Subject: RE: REVISED FW: Emailing: Legal rev3 ad proof ND-1413029 -
Looks great Ivonne, please publish
this Friday, December 30, 2016.
Thank you!
Aunt Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Mivtutes & Records Dept.
239-252-8406 Fax 239-252-8408
Original Message
Frowt: Gori, Ivonne [wtailto:Ivor e.Gori@vtaplesvtews.cowt]
Sevtt: Tuesday, December 27, 2016 8:42 AM
To: Mivtutes and Records <MivtutesavtdRecords@collierclerk.cowt>
Subject: REVISED FW: Emailing: Legal rev3 ad proof ND-1413029 -
Please find the revised proof attached...thavtks!
I vovtvte
Please visit us on the web at www.collierclerk.cowt
This electronic communication is confidential and may contain privileged information intended solely for
the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent.
1
18A Friday,December 30,2016 Naples Daily News
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
Planning Commission at 9:00 A.M., on Thursday, January 19, 2017, in
the Board of County Commissioners Meeting Room, Third Floor, Collier
Government Center, 3299 Tamiami Trail East, Naples FL., to consider:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
FLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A
VARIANCE FROM SECTION 4.02.03.a,TABLE 4 OF THE LAND DEVELOPMENT
CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE
SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE
RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY
LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
Bluebill AVE 111th AVE N
PROJECT
LOCATION
o
Gulf
of -" p
Mexico _._. �1
o
Vander
yE bilt Beach RD
All interested parties are invited to appear and be heard. Copies of the
proposed RESOLUTION will be made available for inspection at the Collier
County Clerk's Office, Fourth Floor, Collier County Government Center, 3299
Tamiami Trail East, Suite 401, Naples, FL, one week prior to the scheduled
hearing. Written comments must be filed with the Zoning Division, Zoning
Services Section, prior to Thursday, January 19, 2017.
If a person decides to appeal any decision made by the Collier County
Planning Commission with respect to any matter considered at such meeting
or hearing, he will need a record of that proceeding, and for such purpose he
may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based.
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
Collier County Planning Commission
Mark Strain, Chairman
December 30, 2016 ND-1413029
Bally„ ,4aptrs WWE1
NaplesNews.com
Published Daily
Naples,FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that
he serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier Coun-
ty,Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published
in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published
at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published
in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next pre-
ceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid
nor promised any person,or corporation any discount,rebate,commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Customer Ad Number Copyline P.O.#
BCC/ZONING DEPARTMENT 1413029 NOTICE OF PUBLIC HEA 45-172052
Pub Dates
December 30,2016
(Sign ure of affiant)
Sworn to and subscribed before me 1 ;•;;riVEZ., IVONNE GORI
This January 0 ,2017 ( • irl,„s Notary Public-State of Florida• i Commission #FF 900870
„±,�,,3�„”„4 MyComm.Expires Jul 16,2019
/ I 44 `d`�`, Banded through National Notary Assn.
(Signatur of affiant)
18A Friday,December 30,2016 Naples Daily News
Trump L Lp inaugural events include NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County
prayers from prosperity preachers Planning Commission at 9:00 A.M., on Thursday,January 19,2017, in
the Board of County Commissioners Meeting Room,Third Floor, Collier
Some Christians find their Government Center,3299 Tamiami Trail East,Naples FL,to consider:
teachings to be heretical ; A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
RACHEL ZOLL ifFLORIDA, RELATING TO PETITION NUMBER VA-PL20160001181, FOR A
fi-_ VARIANCE FROM SECTION 4.02.03.a,TABLE 4 O THE LAND DEVELOPMENT
ASSOCIATED PRESS
CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE
Two preachers who teach that God SETBACK UNE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
will make the faithful rich are among ' w SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE
prayerstha religious President-electleadide chosen to Donaldoffer RESIDENTIAL SINGLE-FAMILY(RSF-3)ZONING DISTRICT ON PROPERTY
mat the ural
Trump's swearing-in, inaugural Aeti LOCATED AT 342 TRADE WINDS AVENUE,HEREINAFTER DESCRIBED IN
committee said Wednesday. " COLLIER COUNTY,FLORIDA.
Prosperity gospel preachers Paula
White,a friend of Trump,and Bishop 1 I
Wayne T. Jackson, whose Detroit Bluebell AVE 111th AVEN
church hosted the Republican in Sep- PROJECT 'l
tember,will be among six faith leaders - LOCATION <
selected to participate in the Jan.20 in- .W. ` o.
auguration.It will be the first time a - -- - m
preachers who spread the prosperity 1.SCOTT APPLEWHIr P Guff c\ B'
gospel will be included in the ceremony. Pastor Paula White will be among six faith DA =
While the faith movement is widely leaders selected to participate in of N o
popular,many Christians consider it he- President-elect Donald Trump's Ian.2D Mexico o A
retical.Ministers in the tradition often inauguration. m
hold up their own wealth as evidence V
paithegned in teachingsr rt on h'frump
record cam-as a mon Wiesenthal Center, which con- -�-= i Vantlerbilf gear RD
wealthy real estate developer and busi- ducts education about the Holocaust
nessman. and speaks out against anti-Semitism
The Senate Finance Committee had and bias. All interested parties are invited to appear and be heard. Copies of the
investigated White and five other pros- The Wiesenthal Center had previous- proposed RESOLUTION will be made available for inspection at the Collier
perity preachers over their spending, ly criticized Trump,accusing him of County Clerk's Office,Fourth Floor,Collier County Government Center,3299
but the inquiry ended in 2011 with no casting suspicion on all Muslims in his
penalty for the televangelists.White remarks on terrorism. Hier said Tamiami Trail East,Suite 401,Naples,FL,one week prior to the scheduled
said in a statement that she will pray to Wednesday that while he would con- hearing.Written comments must be filed with the Zoning Division,Zoning
God at the inaugural"that he would tinue to speak out against bigotry,he Services Section,prior to Thursday,January 19,2017.
richly bless our extraordinary home, supports Trump's approach to Israel.
the United States of America." "I'm not in the camp of those whosay If a person decides to appeal any decision made by the Collier County
Anthony Finn,a Rice University reli- we are now into the dark ages.I think Planning Commission with respect to any matter considered at such meeting
gious studies professor,described the the opposite—that America's best
prosperity gospel"as a way to reli- years are ahead of it,"Flier said. or hearing,he will need a record of that proceeding,and for such purpose he
giously rationalize material acquisi- Graham,who rallied Christian vot- may need to ensure that a verbatim record of the proceedings is made,which
tion."He said participating in the inau- ers around the country this year over record includes the testimony and evidence upon which the appeal is to be
gural gives the preachers a new kind of the issue of appointees to the U.S.Su- based.
prominence. preme Court, has credited God for
"You've got millions of people who Trump's win over Hillary Clinton.Rod- If you are a person with a disability who needs any accommodation in order
will see them perform," Pinn said. riguez,who had criticized Trump for There's a tremendous amount of bene- his promises to deport millions of peo-
to participate in this proceeding,you are entitled,at no cost to you,to the
fit that goes along with that." ple in the country illegally, said provision of certain assistance. Please contact the Collier County Facilities
The four other religious leaders in- Wednesday that"I have enjoyed getting Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,
eluded in the inaugural are the Rev. to know President-elect Trump and his FL 34112-5356,(239)252-8380,at least two days prior to the meeting-
Franklin Graham,son of evangelist Bil- team."Rodriguez called participating
ly Graham;Roman Catholic Cardinal in the inaugural"a patriotic honor"and Assisted listening devices for the hearing impaired are available in the Board
Timothy Dolan of New York;the Rev. "a sacred duty." of County Commissioners Office.
Samuel Rodriguez,head of the National Dolan said in a statement that he will
Hispanic Christian Leadership Confer- be reading from Scripture at the inau- Collier County Planning Commission
ence,an evangelical group;and the gural and will ask God to"inspire and Mark Strain,Chairman
Rabbi Marvin Hier,founder of the Si- guide our new president."
December 30,2016 ND-1413029
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4.02.03-Specific Standards for Location of Accessory Buildings and Structures
A. For the purposes of this section, in order to determine yard requirements, the term"accessory structure"shall include
detached and attached accessory use structures or buildings notwithstanding the attachment of such structure or
building containing the accessory use to the principal use structure or building. Accessory buildings and
structures must be constructed simultaneously with or following the construction of the principal structure and shall
conform with the following setbacks and building separations.
Table 3. Dimensional Standards for Accessory Buildings and Structures on Non-Waterfront Lots And Non-Golf
Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)**.
Structure to
Front Rear Side Structure
(If Detached)
1. Parking garage or carport, single-family SPS 10 SPS 10 feet
feet
2. One-story parking structures and/or carports SPS 35 SPS 10 feet
feet
3. Multistory parking structures SPS 35 feet SPS 1/1*
4. Swimming pool and/or screen enclosure (one-and two- SPS 1 10 SPS N
family) feet
20
5. Swimming pool (multi-family and commercial) SPS 15 feet N
feet
6. Tennis courts (private) (one-and two-family) SPS 15 SPS 10 feet
feet
20
7. Tennis courts (multi-family,and commercial) SPS 15 feet 20 feet
feet
8. Utility buildings SPS 10 SPS 10 feet
feet
9. Chickee, barbecue areas SPS E 10 SPS 10 feet
feet
10
10. Attached screen porch SPS SPS N/A
feet
11. Unlisted accessory SPS SPS SPS 10 feet
Page 1
12. Satellite dish antenna NP 15 SPS 10 feet
feet
10 See Sec.4.02.01
13. Permanent emergency generators NP N/A
feet D.13
N = None.
N/A= Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
*= 1 foot of accessory height= 1 foot building separation.
**=All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks.
Table 4. Dimensional Standards for Accessory Buildings and Structures on Waterfront Lots and Golf
Course Lots in Zoning Districts other than Rural Agricultural (A) and Estates (E)** 2
Setbacks
Structure to
Front Rear Side structure
(If Detached)
1. Parking garage or carport, single-family SPS SPS SPS 10 feet
2. One-story parking structures SPS SPS SPS 10 feet
3. Multistory parking structures SPS SPS SPS 1/11
4. Swimming pool and/or screen enclosure (one-and SPS 10 SPS N
two-family) feet3
5. Swimming pool (multi-family and commercial) SPS 20 feet 15 feet N
6. Tennis courts (private) (one-and two-family) SPS 15 feet SPS 10 feet
7. Tennis courts(multi-family and commercial) SPS 35 feet SPS 20 feet
8. Boathouses and boat shelters (private) SPS N/A 7.5 feet or 15 feet 10 feet
Page 2
See subsection 5.03.06F.
9. Utility buildings SPS SPS 10 feet 10 feet
10. Chickee, barbecue areas SPS 10 feet SPS N
11. Davits, hoists and lifts N/A N/A 7.5 feet or 15 feet SPS
12. Attached screen porch SPS 10 SPS SPS
feet'
13. Unlisted accessory SPS SPS SPS 10 feet
14. Docks, decks and mooring pilings N/A N/A 7.5 feet or 15 feet N/A
15. Boat slips and ramps(private) N/A N/A 7.5 feet N/A
16. Satellite dish antennas NP 15 feet SPS 10 feet
17. Permanent emergency generators NP 10 feet See Sec.4.02.01 N/A
D.13
18. Golf clubhouse and maintenance buildings' 50 50 feet 50 feet N/A
feet
N = None.
N/A = Not applicable.
NP = Structure allowed in rear of building only.
SPS = Calculated same as principal structure.
** =All accessory structures in Rural Agricultural and Estates zoning districts must meet principal structure setbacks.
11 foot of accessory height= 1 foot of building separation.
21n those cases where the coastal construction control line is involved, the coastal construction control line will apply.
320 feet where swimming pool decks exceed 4 feet in height above top of seawall or top of bank, except Marco Island and
Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall
exposure, with the rear setback of ten feet.
420 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank, except Marco Island and
Isles of Capri which may construct to a maximum of seven feet above the seawall with a maximum of four feet of stem wall
exposure, with the rear setback of ten feet.
Page 3
5 The setback shall apply to external boundaries of the golf course district, and shall be inclusive of separately platted buffer
tracts.
B. Accessory buildings shall not occupy an area greater than five(5) percent of the total lot area in all residential zoning
districts, or occupy an area greater than forty (40) percent of any building envelope (i.e., area of lot remaining for
building purposes after accounting for required setbacks), whichever is the lesser, provided the total maximum
coverage provision of this ordinance for all principal and accessory buildings is not exceeded. Nothing herein
contained shall serve to prevent the construction of an accessory building containing an area of less than 500 square
feet provided all yard and building spacing requirements can be met.
(Ord. No. 06-07, § 3.F; Ord. No. 07-67, § 3.J; Ord. No. 08-63, § 3.J; Ord. No. 14-33, § 3.J; Ord. No. 15-45, §
2.B)
Page 4
T 239.642.1485 PATRICK Naples:
F 2;9.642.1487 \SALE 5470 Bryson Court Suite 103
E info@patrickneale.com Naples Florida 34109
www.patrickneale.com ,.... :_ASSOCIATES
Matuns Patrick H. Neale Marco Island(by appointment):
P.O.Box 9440 950 North Collier Blvd.Suite 400
Naples,Florida 34101-9440 Attorney at Law Marto Island,Florida 34145
January 10, 2017
Mr.Fred Reischl
Senior Planner
Collier County Growth Management Department
Zoning Division
2800 Horseshoe Drive
Naples.FL
RE:Petition VA-PL20160001181 —342 Trade Winds Avenue
Dear Fred:
I represent Mr.and Mrs.George Marks,the owners of 319 Lagoon Avenue,Naples,Florida 34108,
property owners who will be substantially and adversely impacted by the variance requested in the above
petition should it be granted.I also represent several other property owners in the area who will also be
adversely impacted by the proposed variance should it be granted. My clients strongly oppose the
proposed variance and disagree with the staff recommendation for reasons which will be set out below.
This letter is to provide additional legal basis for the denial of the Variance.It is requested that this letter
be provided to each member of the Planning Board prior to the hearing set for January 19,2017.
As the County is aware,the controlling case law for variances is Indialantic v. Nance,400 So. 2d 37
(Fla. Dist. Ct. App. 5th Dist. 1981) as adopted by the Florida Supreme Court in Nance v.
Indialantic, 1982 Fla. LEXIS 2530(Fla. 1982). The standard set out in this case is that "[a]
prerequisite to the granting of a hardship zoning variance is the presence of an exceptional and
unique hardship to the individual landowner, unique to that parcel and not shared by other
property owners in the area."There is nothing about the parcel or this landowner that is unique,
other than the fact the County issued a building permit based upon plans that did not meet the
standards set out in the Collier County Land Development Code.
In the balance of this letter, I will comment upon the various criteria set out in LDC section
9.04.03 and incorporated into the staff report.
a. Are there special conditions and circumstances existing, which are peculiar to the
location,size and characteristics of the land,structure or building involved?
Staff: Yes. Per the applicant, the pool shell,retaining wall and stairs are constructed. The
applicant commenced construction under building permit,PRBD2015092870601,with an
incorrectly cited rear accessory pool setback of 10 feet versus the required 20 feet. The
applicant abided by the incorrectly cited rear accessory 10-foot pool setback for the
swimming pool,spa, and pool deck. The stairs off the pool deck do encroach 3.5 feet into
the erroneously provided 10-foot setback; however they were permitted with the
swimming pool, spa, and pool deck.
Opposing Position: The conditions and circumstances set out by the Staff are those
caused by the actions of the petitioner. The failure of the petitioner to follow the
Mr.Fred Reischl
January 11. 2017
Page 2 of 4
requirements of the Building Code and Land Development Code does not constitute
a special condition or circumstance that would give rise to grounds for a variance.
b. Are there special conditions and circumstances, which do not result from the action
of the applicant such as pre-existing conditions relative to the property, which are
the subject of the Variance request?
Staff: Yes. The applicant applied and received a pool permit from the County citing an
incorrect rear accessory pool setback. The applicant proceeded, and followed, with
provided setbacks unaware of any violations. Due to this error, the subject structure is
currently encroaching 6.55; more specifically,the pool, spa,pool deck encroach 9.83 feet,
resulting in a 10.17 rear yard setback, and the stairs encroach 13.45 feet, resulting in a
6.55-foot encroachment.
Opposing Position: Any and all "special conditions and circumstance" result from
the negligence of the applicant.The fact that a permit was issued does not excuse the
applicant from compliance with the relevant laws.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
Yes. Per the applicant, the pool is already constructed and to abide by the required
accessory 20-foot setback would require the applicant to remove the existing pool and
replace it at an estimated expense of $50,000. The applicant relied on the erroneously
issued pool permit with a 10-foot rear accessory setback in constructing the existing pool
structure.
Opposing Position: The hardship was caused by the negligence of the applicant
and/or their contractor. While it may create practical difficulties, that is not within
the purview of the Planning Board or Board of Zoning Appeals to relieve the
applicant from a problem of their own making.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health,safety and welfare?
Yes.The applicant is only seeking the minimum variance which will allow the pool deck,
pool, spa, and stairs to remain.
Opposing Position: The property is still completely usable without the granting of
the variance. The applicant will only have to construct the pool deck, spa and stairs
in a manner that complies with the provisions of the Land Development Code.
e. Will granting the Variance confer on the applicant any special privilege that is
denied by these zoning regulations to other lands,buildings,or structures in the same
zoning district?
Yes.The applicant will be able to retain a decreased accessory rear yard setback for a pool
Mr.Fred Reischl
January 11. 2017
Page 3 of 4
deck that exceed 4 feet in height above the seawall. However, it should be noted that the
applicant relied on the County issued permit which cited incorrectly the accessory rear
swimming pool and/or screen enclosure setback.
Opposing Position: The basic principle of variance procedure as embodied in the
LDC and the applicable case law is that a variance should NOT give the applicant
any special privilege. This would provide the applicant with a special privilege and
diminish the value of surrounding properties.The variance will impede the views of
all surrounding properties and set a dangerous precedent which could allow other
property owners to receive the same variance,thus making the LDC a sham.
E Will granting the Variance be in harmony with the general intent and purpose of
this Land Development Code,and not be injurious to the neighborhood,or
otherwise detrimental to the public welfare?
Yes. Staff is of the opinion that the proposed Variance would legitimize the existence of
the pool and pool deck that are currently under construction.
Opposing Position:The staff is arguing that this will legitimize the existence of a non-
conforming structure that has not been issued a certificate of occupancy and is in
violation of the LDC. That is not in harmony with the general intent and purpose of
the LDC. Further, this is injurious to the neighborhood in that it impedes, impairs
and interferes with the views of the adjacent lot owners.
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes. The applicant states that variations in seawall height in this location do not create a
uniform height for all houses and therefore create different pool deck height requirements
over 4 feet of the seawall.
Opposing Position: The standard in the LDC is set so that there is uniformity in the
elevation above the seawall. The height above the seawall is the standard. There are
no conditions natural or physically induced which justify the granting of this
variance.
h Will granting the Variance be consistent with the Growth Management Plan?
Approval of this Variance will not affect or change the requirements of the Growth
Management Plan.
Opposing Position: The approval of the Variance will not impact the GMP.
Based upon the foregoing response to the Staff Report and Recommendation and testimony to be
presented at the hearing on January 19, 2017, my clients respectfully request that the Planning
Board deny this application for a variance. The variance as requested does not meet the legal
criteria for the granting of a variance.
Mr.Fred Reischl
January 11.2017
Page 4 of 4
I appreciate this opportunity to present my clients' position and look forward to appearing at the
hearing on January 19, 2017 to present these arguments to the Planning Board,respond to their
questions and get my clients' testimony on the record. Please contact me if you have any
questions or comments.
Sincerely,
atric H. eale
Cc: Clients
PHN/Ps
9.04.03 Criteria for Variances
Findings. Before any variance shall be recommended for approval to the board of zoning
appeals, the planning commission shall consider and be guided by the following standards in
making a determination:
A. There are special conditions and circumstances existing which are peculiar to the location,
size, and characteristics of the land, structure, or building involved.
B. There are special conditions and circumstances which do not result from the action of the
applicant, such as pre-existing conditions relative to the property which is the subject of the
variance request.
C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on
the applicant or create practical difficulties on the applicant.
D. The variance, if granted, will be the minimum variance that will make possible the reasonable
use of the land, building, or structure and which promote standards of health, safety, or welfare.
E. Granting the variance requested will not confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district.
F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
G. There are natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation, such as natural preserves, lakes, golf course, etc.
H. Granting the variance will be consistent with the GMP.
Text underlined is new text to be added
Bold text indicates a defined term
1 The recreated preserve acreage may exceed the 1/2 acre limitation as
2 described in LDC section 3.05.07 H.1.e.i.(e).
3 b. Existing County approved preserve areas shall be considered as follows:
4 i. Golf courses within a conventional zoning district.All County
5 approved preserve areas shall be retained and may be utilized to
6 meet the preserve requirements for the conversion protect.
7 ii. Golf courses within a PUD. All County approved preserve areas
8 shall be retained. Preserve areas in excess of the PUD required
9 preserve acreage may be used to meet the preserve requirement
10 for the conversion project.
11 4. Stormwater management requirements. The applicant shall demonstrate that
12 the stormwater management for the surrounding uses will be maintained at an
13 equivalent or improved level of service. This shall be demonstrated by a pre
14 versus post development stormwater runoff analysis.
15 5. Floodplain compensation. In accordance with LDC section 3.07.02 floodplain
16 compensation shall be provided.
17 6. Soil and/or groundwater sampling. In addition to the soil and/or ground water
18 sampling requirements established in LDC section 3.08.00 A.4.d, the applicant
19 shall conduct soil and/or groundwater sampling for the pollutants as follows:
20 Managed turf, chemical storage/mixing areas, and maintenance areas (i.e.
21 equipment storage and washing areas, fueling and fuel storage areas)shall be
22 tested for organophosphate, carbamate, triazine pesticides, or chlorinated
23 herbicides. In addition, maintenance areas, as described above, shall be tested
24 for petroleum products. The County shall notify the Department of Environmental
25 Protection where contamination exceeding applicable Department of
26 Environmental Protection standards is identified on site or where an
27 Environmental Audit or Environmental Assessment has been submitted.
28 7. All other development standards. The conversion of golf courses shall be
29 consistent with the development standards in the LDC, as amended. Where
30 conflicts arise between the provisions in this section and other provisions in the
31 LDC, the more restrictive provision shall apply.
32 H. Design standards for lands converted from a golf course or for a permitted use within the
33 GC zoning district shall be subject to the following design standards.
34 1. Lighting. All lighting shall be designed to reduce excessive glare, light trespass
35 and sky glow. At a minimum, lighting shall be directed away from neighboring
36 properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the
37 conversion project shall be vetted with stakeholders during the SOMs and the
38 public hearings, as applicable.
39 2. Setbacks. All non-golf course uses, except for the greenway, shall provide a
40 minimum average 50-foot setback from lands zoned residential or with
41 residential uses, however the setback shall be no less than 35 feet at any one
42 location.
43 # # # # # # # # # # # # #
44
45 10.03.06 Public Notice and Required Hearings for Land Use Petitions
46 * * * * * * * * * * * *
47 W. Intent to Convert, pursuant to LDC section 5.05.15 C.1.
48 1. The following notice procedures are required:
49 a. Mailed notice sent by the applicant after the intent to convert application
50 is approved and at least 20 days prior to the first Stakeholder Outreach
51 Meeting. For the purposes of this application, all mailed notices shall be
40
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Text underlined is new text to be added
Bold text indicates a defined term
1 sent to property owners within 1,000 feet of the property lines of the
2 subject property.
3 b. Posting of a sign after intent to convert application is approved and at
4 least 20 days prior to the first Stakeholder Outreach Meeting.
5 X. Stakeholder Outreach Meeting, pursuant to LDC section 5.05.15 C.3.
6 1. The following notice procedures are required:
7 a. Newspaper advertisement at least 15 days prior to the Stakeholder
8 Outreach Meeting.
9 b. Mailed notice sent by the applicant at least 15 days prior to the required
10 Stakeholder Outreach Meetings. For the purposes of this application, all
11 mailed notices shall be sent to property owners within 1,000 feet of the
12 property lines of the subject property. This mailed notice may include both
13 required Stakeholder Outreach Meeting dates. All mailed notices shall
14 include the web address to participate in the required online visual
15 survey.
16 Y. Compatibility Design Review Meeting, pursuant to LDC section 5.05.15 F.
17 1. The following advertised public hearings are required.
18 a. One Planning Commission hearing.
19 b. One BCC hearing.
20 2. The following notice procedures are required:
21 a. Newspaper advertisement at least 15 days prior to the advertised
22 public hearing.
23 b. Mailed notice sent by the applicant at least 15 days prior to the required
24 public hearings. For the purposes of this application, all mailed notices
25 shall be sent to property owners within 1,000 feet of the property lines of
26 the subject property.
27
28 # # # # # # # # # # # # #
41
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