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HEX Agenda 03/09/2017 COLLIER COUNTY HEARING EXAMINER HEARINGS AGENDA MARCH 9, 2017 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,MARCH 9,2017 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: February 23,2017 4. ADVERTISED PUBLIC HEARINGS: NOTE: This item has been continued to the March 23,2017 HEX Meeting. A. PETITION NO. VA-PL20160002992 - Mark Adrian Williams and Donna Marie Delvecchio request a variance from Ordinance 81-29, as amended, the Wyndemere PUD, to reduce the minimum rear yard setback on conventional single family lots from 10 feet to 6.2 feet for an existing pool screen enclosure and patio, located at Lot 50, The Lodgings at Wyndemere Section One subdivision, also described as 8 Bramblewood Point, in Section 19, Township 49 South, Range 26 East, Collier County, Florida,consisting of 0.33±acres. [Coordinator: Eric Johnson,Principal Planner] B. PETITION NO. VA-PL20160001264 - Pauline Christie requests a variance from Section 4.02.01, Table 2.1 of the Land Development Code to reduce the minimum side yard setback from 30 feet to 18.8 feet for a proposed pool screen enclosure in the Estates zoning district.The subject property is located at 5095 Palmetto Woods Drive, on the north side of Palmetto Woods Drive, approximately one-third mile east of Logan Boulevard, in Section 9, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2.27±acres. [Coordinator:Nancy Gundlach,Principal Planner] C. PETITION NO.BD-PL20160000357—Michael Whalen requests approval of a boathouse pursuant to Section 5.03.06 F. of the Land Development Code, for a new boathouse located on Lot 4, Block F, Brookside Subdivision Unit No. 3,Plat No.2,also described as 1792 Holiday Lane,on the west side of Holiday Lane,just north of Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier County,Florida. [Coordinator: Rachel Beasley,Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN February 23, 2017 HEX Minutes TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida February 23,2017 LET IT BE REMEMBERED,that the Collier County Hearing Examiner,in and for the County of Collier,having conducted business herein,met on this date at 9:00 a.m.,in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN ALSO PRESENT: Raymond V.Bellows,Zoning Manager Fred Reischl,Principal Planner Scott Stone,Assistant County Attorney Page 1 of 9 February 23, 2017 HEX Minutes HEARING EXAMINER STRAIN: Everybody,can I have your attention,please. If you're going to need an audio for this meeting,you're not going to be able to have one. But the transcript will be ready probably by tomorrow morning. Now that Cherie's back,welcome back,Cherie',it's good to see you. I was being facetious about that,I'm not sure how long the transcript will take,but we will probably not have audio today. So with that,would everybody please rise for Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Thank you. Review of the agenda,we have two items on today's agenda. There are no other changes. The approval of meeting minutes from January 26th,2017 are fine to be recorded as submitted. And that takes us into our first advertised public hearing. It's Petition No.CUR-PL20160002071, Aggregate Specialties,Inc.And this is in the industrial park,north of Pine Ridge Road. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: And my microphone is going off and on,which means the batteries are probably bad,so I'll try to talk loud anyway. It's not being recorded,so we'll get through it. As far as disclosures on my part for this one,I have talked to the applicant's representative,Mr.Hood, and I believe way back from before it all started another gentleman from Davidson Engineering,and maybe the owners of the company and I spoke;I can't remember all the number of people at that particular meeting. I've also talked to staff and I've reviewed the files for this particular project. Are there any members of the public here concerning this item? (No response.) HEARING EXAMINER STRAIN: Okay,Fred,we won't need a presentation. I've read the documents,I talked to you yesterday about one item I thought needed to be changed. And since then,last night,even though it was a long evening,I did get to look at some more questions which I want to walk you through on the panel here. MR.HOOD: Sure. HEARING EXAMINER STRAIN: Okay,the first item that you've got is the changes to condition number one. You're cleaning it up in relationship to the master plan. Now,that's the master plan that was previously supplied as Exhibit C to the original conditional use. And this is the one that you're proposing to use that was in the packet. Another one was sent around separately,and the other one took out the references to these buffers. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: In looking at the previous one in this,I don't see any reason to take those out. MR.HOOD: Okay. HEARING EXAMINER STRAIN: I think it's to your benefit just to leave them in in case the code ever changes. So from that perspective I think they ought to stay. So the new one that you sent won't necessarily be used and I'll go back to this one. But this one needs a change;you and I spoke about it. When this project originally came in to take out this area here because on the previous plan it was a preserve. I had talked to Andrew Rath,I think it is,with your company. At that time the discussion was if they could get this taken out they would put a wall along here. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: Are you now changing the position on that,or is it going to be a solid wall at eight feet or on the berm and a wall combination to reach eight feet? MR.HOOD: It will be exactly that wall combination or just the wall. And I've actually created that change here,so I'll give that to Cherie'. (Handing.) MR.HOOD: So just for--so we can have it on the record,I can just read it off to you how I wrote that. It will now say in the second sentence,a five-foot wide Type A landscape buffer with an eight-foot Page 2 of 9 February 23,2017 HEX Minutes high wall and/or opaque fence and/or wall and opaque fence with berm combination shall be provided along the site's southern boundary at the interface of abutting uses. HEARING EXAMINER STRAIN: Okay,and let's back up again. I don't have that language in front of me and there's no overhead here. Do you have an extra copy? MR.HOOD: Yes. HEARING EXAMINER STRAIN: Yesterday when we walked I thought you indicated that your applicant had agreed to a wall. But you're not saying that now. You're saying an eight-foot high wall or an opaque fence or a high wall and an opaque fence with a berm combination.That's different than a wall with a berm combination. MR.HOOD: It is. And what I did was I put in the option there. The wall is what they are going to be building. I just thought that that I would put the option in there for--you know,if they sold the property,if they had to pull it down,whatever the case may be,to do an opaque fence or wall to be consistent with the LDC. We can take it out--I can take out the opaque fence-- HEARING EXAMINER STRAIN: All I-- MR.HOOD: --of the wall-- HEARING EXAMINER STRAIN: When this started-- MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: --they all came to me to talk,and I can't--again,Andrew was there but I don't remember who else. It was quite a while ago. And they were going to put a wall in;they weren't going to fool around with anything else. And it seemed logical then,because the wall with the intensity of this particular project at that location will be a good thing. MR.HOOD: Yes. HEARING EXAMINER STRAIN: A fence wouldn't be. MR.HOOD: I will scratch the language related to the fence and we will be good on the wall. HEARING EXAMINER STRAIN: Also,let me show you how that works out on your aerials. That's an aerial of the property. Now,this is where the preserve was supposed to be. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: And the wall would go along here,which against these businesses that would be a real good thing,and I can understand why they're in favor of it.So I think that needs to be--we need to stick to that original plan and go that way. MR.HOOD: That's fine. HEARING EXAMINER STRAIN: Now,that brings back a couple of other things. I saw some trailers on the site. Did you guys ever come in for an SDP? MR.HOOD: The SDP I don't think was ever completed. HEARING EXAMINER STRAIN: Okay. Because there's no structures on the site. MR.MIGLIAZZO: The only-- HEARING EXAMINER STRAIN: You can't talk from the audience,sir. You're welcome to come up and testify. MR.MIGLIAZZO: Oh,sorry. HEARING EXAMINER STRAIN: I do have some questions about the original petition. MR.HOOD: Sure. HEARING EXAMINER STRAIN: You triggered an SDP if there were any structures on the site. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: And from what I can see there are trailers. I'm not sure if staff looked at those as an SDP application or not. Does staff know? MR.REISCHL: I did not even look at anything related to an SDP. I didn't research it,put it that way. HEARING EXAMINER STRAIN: Okay. The reason I'm asking is I don't think based on the plans that I--they look like they're all trailers and mobile units. And if that's the case you may not have had an SDP. MR.HOOD: Yeah,there's no permanent building there yet,there's only trailers. HEARING EXAMINER STRAIN: Then the other thing that is interesting here is that number three, Page 3 of 9 February 23,2017 HEX Minutes one crushing machine will be allowed to operate on the site and shall not be located within 200 feet of any property's southern or eastern boundaries. Looks like that's a crushing machine,or at least I believe it is. What's that;do you know? Maybe your applicant would come up and testify. You're supposed to have only one crushing machine on that site, and looks like there may be two,but I'm not sure unless I go out to the site and figure out what that is.Do you have any way of fmding that out? MR.MIGLIAZZO: Do you want me to point up there? HEARING EXAMINER STRAIN: No. First I need you to-- THE COURT REPORTER: Were you sworn in? MR.MIGLIAZZO: No. (Speaker was duly sworn.) THE COURT REPORTER: May I have your full name? Rocco,R-O-C-C-O,Migliazzo, M-I-G-L-I-A-Z-Z-O. I go by Tony. HEARING EXAMINER STRAIN: Well,Tony,thank you for coming up and helping to clarify. What is that machine? MR.MIGLIAZZO: That's a screener. That just--it separates the dirt once it's been-- HEARING EXAMINER STRAIN: That's a crusher? MR.MIGLIAZZO: No,it's another screener.We have two different types because we make a couple different products just so we can get it where it's a saleable material again out the door. So there's one crusher that runs at all times to crush the material,and then we run it into a strainer. HEARING EXAMINER STRAIN: Okay. MR.MIGLIAZZO: So we do that just to minimize the processing on the property. And they're portable,so as we clean the property up when we took it over,we're moving into the furthest corner away from all of our neighbors. And just to reiterate on the wall,it's a wall. It's a solid 7,000-pound block wall.And my neighbors are--they're happy that we took over and bought the property and are bringing the neighborhood up to speed. HEARING EXAMINER STRAIN: I'm glad to hear it. MR.MIGLIAZZO: Oh,yeah,we don't have any enemies around there. I mean,we're in--we're doing something that nobody likes to do or wants to do,but we're managing to keep our neighbors happy while we're there. HEARING EXAMINER STRAIN: Well,since you bought the site over,this original plan required buffers to be on the property. I don't know if there's buffers there,based on these two aerials. Doesn't look like it. Did you ever install those? MR.MIGLIAZZO: No,we're--when we took it over we modified the SDP to accommodate a scale, we added more parking in the front. And we're going to finish it. We're in progress right now. You know, that's what we're saying,we're doing the SDP now. HEARING EXAMINER STRAIN: Okay. If you needed extra time to get this work done,how much time would you need to get the buffers installed? MR.MIGLIAZZO: Currently--I mean,we--I greatly appreciate the offer. We have like about two years left to finish under the approval to do it. We're on schedule to do that. We're paving parking now,and I really don't think we need it. And plus we have the opportunity to file for an extension also if we needed another 18 months. So we're trying to button this project up as fast as we can. We've come in to do a few changes,like where the storage area is there--it was approved to put in scales. So we had to come back and--you know,we've come back across everybody's desk a few times just to get the place right,functioning the way it should be. HEARING EXAMINER STRAIN: And I tend to agree that you've been working to clean it up,so I'm not trying to pick on you for that reason. I'm trying to understand how these conditions that I can't--I'm not sure they've been met what their time frame is. MR.MIGLIAZZO: Oh,no,we haven't planted around the perimeter or anything like that yet.We're working our way into the site. Like I say,the first thing was to clean up,get this wall situated,straightened Page 4 of 9 February 23, 2017 HEX Minutes out. Everything that you see on the front of the property right now has been moved back.The parking lot was surveyed,layed out,it's ready to be paved. And then as soon as we get done--on the right-hand side of the property,if you notice there's a ditch. That was a county project that took over a year to do.It's now been filled in with culvert,two 36-inch culvert pipes. They did that whole drainage project all the way north to J&C. And we're actually still waiting for the contractor to come back and clean up the rest of the project. But there was some delays,wrong size pipe. It took over a year to do that. So we've been kind of working on it with the county. But if we needed an extension,I would say a one-year extension,if we could add it onto anything. HEARING EXAMINER STRAIN: That's a separate application. But what I really wanted to find out from staff is,from the perspective of this conditional use was a I think a--yeah,2008 conditional use. Ray,when was staff expecting to see the required buffers installed? Or do you have a time frame in your mind for that? MR.BELLOWS: For the record,Ray Bellows. If there are no time lines listed in the CU,then it's incumbent upon the time of SDP that they show those things. And the SDP has a certain time limit to accomplish that,and then you have to extend the SDP. Otherwise then you would be in violation of the conditional use. HEARING EXAMINER STRAIN: But there may not be an SDP on this site. MR.BELLOWS: I thought one of the conditions of the original conditions was for an SDP. HEARING EXAMINER STRAIN: Only if--if you read the condition number two: No structures, including the existing structures,shall be permitted on the site unless an SDP has been reviewed and approved by the Collier County Land Development Review staff. An SDP application shall be submitted to the county within 90 days of conditional use approval or the existing structures shall be removed. The only structures on here appear to be trailers. MR.MIGLIAZZO: There used to be something there,and it got torn down. And I think that's where that language may have came from back in'07. HEARING EXAMINER STRAIN: So instead of getting a building permit and doing all the work to get that structure legalized,you just tore it down so it wouldn't be-- MR.MIGLIAZZO: No,it was a trailer. It was a trailer that had concrete poured around it. HEARING EXAMINER STRAIN: Do you see anything on this site that in your opinion would trigger an SDP? MR.BELLOWS: My recollection,this was an ongoing business and operating somewhat similar to what we see now. And if they weren't putting any structure or there wasn't a requirement specifically to do an SDP,then they may not have been required to do one. But if the landscape buffers were a requirement,then they should have done an SDP for that. HEARING EXAMINER STRAIN: Okay. And that goes back to what my original questioning was on these other conditions that were instituted in 2008. I think what you're asking to do for now is an improvement,so I'm not against the wall and the removal of the preserve. The preserve wasn't practical to begin with. And based on this particular aerial it wasn't something you could do anyway,based on the activities on the site. That's a very logical thing,it's nothing that really bothers me. But when you--not you,but when your predecessor came in and made commitments to get this facility at that location,those are the commitments he committed to. And by you buying the property you basically inherited these commitments. MR.MIGLIAZZO: Right. HEARING EXAMINER STRAIN: Now that we know some of these have not been done,I need staff to tell me if they have a time frame that they can account for. If they don't,I need a commitment on a time frame. MR.HOOD: I'll just--that SDP has been filed. HEARING EXAMINER STRAIN: Are you growing a beard? MR.HOOD: Yeah,a little bit. HEARING EXAMINER STRAIN: I just noticed.Well,I hope it turns gray. Page 5 of 9 February 23,2017 HEX Minutes MR.HOOD: It's already gray down here. HEARING EXAMINER STRAIN: Yeah,mine is too. MR.HOOD: The SDP has been filed,it's been approved by the county. So as Tony already discussed,we're still in that time period where we have time to complete all of those landscaping requirements. And if we're going to put a building on there,the same would ring true. We're just in that phase right now getting things cleaned up. HEARING EXAMINER STRAIN: Okay. So your SDP is in. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: And it does include the buffers. MR.HOOD: Yes,sir. HEARING EXAMINER STRAIN: And you're going to do an amendment to that to add the wall. Okay,when will the wall be added? MR.HOOD: I think in the SDP,and I don't have it in front of me right now,I think the wall is on the SDP already. So it has actually started construction on the wall and I think it's almost complete. So that requirement that we have in this current conditions is substantially complete already. HEARING EXAMINER STRAIN: Okay,I'd like to tie this improvement--because of the--especially because you've already gone out to your neighbors with it and you committed to do it--to a time frame. So when is convenient for you to acknowledge that the wall will be completed? MR.HOOD: I'll say in the next-- MR.MIGLIAZZO: 30 days. MR.HOOD: --30 days. HEARING EXAMINER STRAIN: Okay. So by let's say June it will be completed. MR.HOOD: Yes,sir. MR.MIGLIAZZO: Yeah. HEARING EXAMINER STRAIN: Okay. So let's work towards that date. And that way it will give something to Ray's people to review to make sure it stays intact for the benefit of removing that preserve area. MR.HOOD: Yes,sir. MR.BELLOWS: Mr.Hex,one of the things we can do with the CUR process is give a time limit for them to come back before you in this as a Hearing Examiner to see if they've implemented all these conditions. HEARING EXAMINER STRAIN: I'd rather not do that. I'd rather staff review it in June,and if the conditions are not satisfactorily at least continue to be ongoing and completed,then they come back in at that point. Do you have any problem with that? MR.BELLOWS: No,I just wanted to make sure you knew that that was another option. HEARING EXAMINER STRAIN: The less we can force people into public process and these hearings,the less money it costs them. I have all the confidence in staff to be able to monitor this. If you run into something by the summertime that is not consistent with what we've talked about today, then staff needs to get in touch with me and we'll initiate a rereview this. MR.BELLOWS: Very good. HEARING EXAMINER STRAIN: Is that okay with you all? MR.HOOD: That's fme by us. MR.MIGLIAZZO: Works for me. HEARING EXAMINER STRAIN: Okay. And I don't believe I have--let me check and make sure, but I think we've just wrapped up--oh,there is one other. This particular reference. MR.HOOD: I was just going to discuss that. When I come back in with that new NCP probably today,I will update it to today's date. HEARING EXAMINER STRAIN: Well,you've got to do it a little bit different. You've got to update that-- MR.HOOD: Yes,sir. Page 6 of 9 February 23, 2017 HEX Minutes HEARING EXAMINER STRAIN: --you're going to have to update this. But this is the plan that you've submitted,and there's no dates over here. MR.HOOD: Yeah,there will be. HEARING EXAMINER STRAIN: Okay. So if you're going to update it to a date,put the date on a plan. MR.HOOD: It will be there in two spaces,one for the revisions and one for the date of the actual plan. HEARING EXAMINER STRAIN: Mr. Stone? MR. STONE: If I may,the note relating to the visual barrier-- MR.HOOD: Yes. MR.STONE: --also needs to be revised. MR.HOOD: Correct. And actually,I have that written down here. HEARING EXAMINER STRAIN: Okay,I think that takes care of the issues. A decision will be rendered within 30 days,most likely a lot less. I may need to expedite the transcript for reference to make sure everything's done accurately because we lost audio today. Normally I listen to that and I make notes off of it after the meeting. So is there anything else that you want to add to the process? MR.HOOD: No. HEARING EXAMINER STRAIN: Great,thank you. Fred,is there a staff report? MR.REISCHL: Thank you,Mr. Strain. Fred Reischl with planning and zoning. Staffs in agreement with the proposed changes,and just wanted to mention that we did include it in the packet. We did receive letters of no objection from neighbors. HEARING EXAMINER STRAIN: Okay. And I did see those and I want to thank the applicant for going to the trouble to get those. Those help a lot in these kind of conditions,so it was very useful. Appreciate it. And other than that,I have nothing else. Are there any members of the public here who wish to speak on this item? (No response.) HEARING EXAMINER STRAIN: Hearing none,we'll close the public hearing on this matter and a decision will be rendered as quickly as possible within 30 days. MR.HOOD: Thank you. HEARING EXAMINER STRAIN: Thank you both.Appreciate it. ***That takes us to our next petition,4.B. It's Petition No.NUA-PL20160002595. The petitioner is Gargiulo,Inc. It's for a trailer--labor camp or trailer park at Camp Sandy it's called,which is hard to find in our files,but there was some references to it.It's off of old 41 in North Naples. All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: Disclosures. On my part I've talked to the applicant's representatives,I've actually talked to the applicant,several members of the Gargiulo company,I talked to Commissioner Nance when he was here about it,and I've also reviewed things with staff and gone back and looked at a multitude of historical files. And with that,Wayne--is anybody here may have come in late for this particular item,members of the public? (No response.) HEARING EXAMINER STRAIN: Okay. As you know,Wayne,I've read everything,and all I will need today is for you to answer a couple questions. Actually,the questions will be of Mr.Reischl,so I don't need anything. I have no questions of you at this time. Did you have anything? MR.ARNOLD: For the record,I'm Wayne Arnold with Grady Minor and Associates. With me Page 7 of 9 February 23, 2017 HEX Minutes today is Chris Davis with Gargiulo,if you have any questions of he or his operation. And the only comment I would have as part of my presentation,Mr. Strain,is I would hope that we could modify the recommended condition number two. HEARING EXAMINER STRAIN: Well,I was going to suggest we change both conditions.First of all,the recommendation number one says a maximum building height of the structure shall be 30 feet. But on your master plan,and I know you can't see it too well right here,it's 25 feet. Is 25 feet still what you wish? MR.ARNOLD: 25 feet is ample. HEARING EXAMINER STRAIN: Okay. Also the second item refers to the standards that are to apply to this. The standards are all right here as well. And I will ask staff in a minute,but I have no--I would rather we stay with what's on the document than a separate recommendation,for lack of--keep it clear. MR.ARNOLD: Well,Mr.Strain,what I was going to offer is simply in some manner reference that development shall occur consistent with our conceptual site plan that has been developed for the site. HEARING EXAMINER STRAIN: And that's what I was referring to. MR.ARNOLD: Okay. HEARING EXAMINER STRAIN: And the decision,generally I try to refer to exhibits.And in this particular case,we referred it as one of the exhibits to the decision. And those standards will work consistent with staffs acknowledgment after I finish talking to you. MR.ARNOLD: Thank you. HEARING EXAMINER STRAIN: I have nothing else,so thank you. Clean application. I'm glad it went through. Fred,staff report? MR.REISCHL: Fred Reischl,planning,zoning. I have no objection to the changes in the conditions. They were put in there for emphasis more than anything. So no objection at this time. HEARING EXAMINER STRAIN: Okay. And is there any members of the public here that would like to speak on this item? (No response.) HEARING EXAMINER STRAIN: Hearing none,we'll close the public hearing. And in your particular case,since I won't have to refer to a tape or minutes,I should have a decision on it,it will be within 30 days but most likely within 10. MR.ANDREA: Thank you. HEARING EXAMINER STRAIN: Thank you.Appreciate it. And that takes us back to our long agenda.Cherie'said she wanted to stay here all morning. So there's no other business. Are there any public comments? (No response.) HEARING EXAMINER STRAIN: Hearing none,this meeting is adjourned. Thank you. ******************* There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:25 a.m. COLLIER COUNTY HEARING EXAMINER MARK STRAIN,HEARING EXAMINER Page 8 of 9 February 23, 2017 HEX Minutes ATTEST: DWIGHT E.BROCK,CLERK These minutes approved by the Hearing Examiner on as presented or as corrected Transcript prepared on behalf of U.S.Legal Support,Inc., by Cherie'R.Nottingham. Page 9 of 9 AGENDA ITEM 4-B Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION—ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: MARCH 9, 2017 SUBJECT: PETITION NO. VA-PL20160001264, 5095 PALMETTO WOODS DRIVE PROPERTY OWNER/APPLICANT: Pauline Christie 5095 Palmetto Woods Drive Naples, FL 34119 REQUESTED ACTION: The petitioner requests that the Hearing Examiner approve a Variance from Section 4.02.01,Table 2.1 of the Land Development Code to reduce the minimum side yard setback from 30 feet to 18.8 feet for a proposed pool screen enclosure in the Estates zoning district. GEOGRAPHIC LOCATION: The subject 2.27± acre property is located at 5095 Palmetto Woods Drive, on the north side of Palmetto Woods Drive, approximately one-third mile east of Logan Boulevard, in Section 9, Township 49 South, Range 26 East,Collier County, Florida. (Please see the Location Map on the proceeding page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property was originally developed as a one-story residence in 1990 under Building Permit number 89-3866. (Please see Attachment A: Collier County Property Appraiser Property Detail). The residence included a swimming pool with a one-story screen enclosure. (Please see Attachment B: Boundary Survey dated April 11, 1990 for the location of the"screened patio with pool.") The original pool and screen enclosure were built in accordance with the required 15-foot side yard setback(10%of the 150-foot wide lot)at that time. (Please see Attachment C: Ordinance number 82-2.) VA-PL20160001264.5095 PALMETTO WOODS DRIVE VARIANCE FEBRUARY 21,2017 Page I of 7 Santa Barbara BLVD I— Logan BLVD S Logan BLVD N 0 C) tv r+ C 0 co ED C o v O -fl \\____ m- co 0 A m a o CI Z a )110. m .-- o n r, z -I 0 Z CCollier BLVD 3 1 cr 13 1- 1 N O b s (3a r- N nr '1 —/ 0,0 O) I O C 41) ca O __ t* 0 CO 4:. 4. (0 y 4 a V fo m cv ^, : Of) QED P v T N A Q1 w 4.� l A0 �,. F 0 CO t] N up WI) 09 Z rk; 0 MD According to information provided by the Applicant, the subject property was purchased by the current property owner in 1991. A second story addition was added to the existing home in 2012. (Please see Attachment D: Building Permit number PRBD2011209558 and Attachment E: Photographs.) The property owner wishes to Iocate a new two-story screen enclosure in the same location as the original one-story screen enclosure. (Please see Attachment F: Building Permit number PRBD2016051943801.) However, the Land Development Code has since changed; the current side yard setback is 30 feet. Consequently, the Applicant must meet the current setbacks because the proposal is to enlarge the nonconforming structure. A Variance is sought to allow for an 18.8-foot side yard setback for a proposed two-story pool screen enclosure. (Please see Attachment B-1: Boundary Survey dated November 10, 2016.) SURROUNDING LAND USE AND ZONING: SUBJECT PARCEL: A single-family residence, with a zoning designation of Estates North: Single-family residence, with a zoning designation of Estates East: Single-family residence, with a zoning designation of Estates South: Palmetto Woods Drive, a 60-foot wide right-of-way, and then a Single-family residence, with a zoning designation of Estates West: Single-family residence, with a zoning designation of Estates my SUBJECT t PROPERTY - " 4 Nib' moo V Ipl r ..4 . t AERIAL VA-P1 20160001264,5095 PALMETTO WOODS DRIVE VARIANCE FEBRUARY 21,2017 Page 3 of 7 j SUBJECT PROPERTY ` r AERIAL: CLOSE-UP GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is located in the Estates designated area as identified in the Golden Gate Area Future Land Use Map of the Golden Gate Area Master Plan(GGAMP)Element of the GMP. This land use category is designed to accommodate residential uses including single-family. As previously noted,the subject petition seeks a variance for an accessory use to a single-family home which is an authorized use in this land use designation, therefore, the single-family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: The decision to grant a Variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing,which are peculiar to the location,size and characteristics of the land,structure or building involved? Yes. The subject Estates residence was originally built in 1990 under a different side yard setback. The side yard setback was 15 feet at that time. The side yard setback is currently 30 feet. The original swimming pool and single-story screen pool enclosure are located within the current 30-foot side yard setback. The single-story screen pool enclosure was removed during the construction of a second story addition to the residence. The swimming pool remains in the original location. The homeowner wishes to replace the single-story pool screen enclosure VA-PL20I60001264.5095 PALMETTO WOODS DRIVE VARIANCE FEBRUARY 21,2017 Page 4 of 7 with a two-story pool screen enclosure in the same location as the original screen enclosure. 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? Yes. As described above, the Land Development Code for a side yard setback has been increased from 15 feet to 30 feet, affecting the location of the proposed swimming pool screen enclosure. The current property owner would like to utilize the same deck area constructed by the previous property owner. 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. If a literal interpretation of the side yard setback provision of the current zoning code were made, it would create a hardship on the applicant. The new second story addition could not be part of the screened-in swimming pool area. The proposed two-story pool screen enclosure could not be built in the same location as the original screen enclosure. 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? The Variance, if granted, will make possible the reasonable use of the land and the residence. 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? In evaluating this criteria, it is important to note that other residences in the Estates zoning district have two-story screen enclosures. In addition, other homes in the Estates zoning district located on legally non-conforming lots that are 75 feet wide (1.14 acre lots)have 7.5-foot side yard setbacks. The requested side yard setback of 18.8 feet, while less than the required 30 feet because of the subject properties larger 2.25 acre lot size, is larger than the 7.5-foot side yard setback on the smaller Estates lots. f. 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. The granting of the Variance will respect the intent of setbacks for side yards and will not harm public safety, health and welfare. In addition, the neighbor most VA-PL20160001264,5095 PALMETTO WOODS DRIVE VARIANCE FEBRUARY 21,2017 Page 5 of 7 affected by the proposed reduction to the side yard setback has submitted a "Letter of No Objection." (Please see Attachment G.) 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 subject screen enclosure is located in the rear of a two-story residence. It will not be visible from the street. It is also located on a relatively large(2.27±acre) Estate lot with existing mature vegetation which mitigates the impact of the proposed screen enclosure on neighboring properties. 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. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA-PL-20160001264, revised on February 15,2017.—SS RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve the following for Petition VA-PL-20160001264, 5095 Palmetto Woods Drive Variance: A reduced side yard setback from 30 feet to 18.8 feet for a proposed two-story pool screen enclosure as depicted on the Boundary Survey. (Please see Attachment B-1: Boundary Survey dated November 10, 2016.) Attachments: A. Collier County Property Appraiser Detail B. Boundary Survey dated April 11, 1990 B-1. Boundary Survey dated November 10, 2016 C. Ordinance number 82-2 D. Building Permit number PRBD2011209558 E. Photographs F. Building Permit number PRBD2016051943801 G. Letter of No Objection VA-PL20160001264,5095 PALMETTO WOODS DRIVE VARIANCE FEBRUARY 21,2017 Page 6 of 7 PREPARED BY: Y4j \ # - Abi 1. 2T Z17 NANCY t N II L• CH, AICP, PRINCIPAL PLANNER DATE ZONIN DIVISI: REVIEWED BY: RAYM D( BELLOWS,ZONING MANAGER DATE ZO NINDIVISION /'_ 2 -P- 1, MICHAEL BOSI, AICP, DIRECTOR DATE ZONING DIVISION VA-PL20160001264,5095 PALMETTO WOODS DRIVE VARIANCE JANUARY 27,2016 Page 7 of 7 Page 1 o: coiner county rroperty appraiser Property Detail Parcel No. 38285361002 Site Adr. 5095 PALMETTO WOODS DR Name/Address CHRISTIE, PAULINE M 5095 PALMETTO WOODS DR City NAPLES State FL Zip 34119-5460 Permits Tax Yr Issuer Permit# CO Date Tmp CO Final Bldg Type 1990 COUNTY 89-3866 04/02/90 2016 COUNTY 20111209568 07/02/15 ADDITION Land Building/Extra Features Calc Code Units # Year Built Description Area Adj Area 10 ACREAGE 2.27 10 1990 RESIDENTIAL 3615 6060 20 1990 SWIMMING POOL 392 392 30 2015 TILE DECK 828 828 Attachment A http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=38285361002 6/29/2011 FOR: �.�ii��0,., ',�;:;`��=.,/ �C Martin & Joyce �.1.' ,�e�. ��*`�`�� (OrdeScafired by Neff ''' I�P 'I1%, � III ` l C Construction Co.) OD1. 4111111112114. ��`lC T SCALE 1"=3a TRACT 76 `_ N 89°-40.-S4''in/ t. 0 e i FD.LV ! 7 150.0' DEED 14 9.9/' FLD. ' :25' o 0 in WEST n ,--1-Th ( // nwe TRACT WEST Iso' TRACT 77 EAST LBO' 6844. 2' TRACT 82• cows. -N TRACT -77 PATO SCREL NED SC.0. PATIO WEIN wA7Er? 31.O S' ' fh EQWPt N. () 4 r, Q c i< N ,Q7' e Q a a b 23.3' h20,134 15TY O O 0 .a' ,../c. M \..9` P ^ CBS SLAB. O . • 443.0' .. r7 N �� 4-! 3.0' *t .5 'st.q T w., W 22.95 . r coNc, w .o (_::4.0. - DRIVE - o Air, 1d_. 90 o� 00' - � O 4 \ ° O 2 LI0 I �. DNIEM _Np ' ' 'Z Z FD.I.P. SGA LE 'RM I l5.0' DEED 149.9/' FCD• k A i Wi7//AT N99`40'-50"W n 1 90 S9,58'1-1. 4Tt AVE S.w. iL FD.NAII+TAB DESCRIPTION CERTIFICATE: The West 150 feet of Tract 77, I hereby certify this to be a boundary survey Golden Gate Estates Unit 32 as made under my direction on February 1, 1989, recorded in Plat Book 7, Page and to the best of my knowledge and belief 21 of the Public Records of it meets the minimum technical standards set Collier County, Florida. forth by the Florida Board of Land Surveyors, Subject to easements, restric- pursuant to Section 472.027 Florida Statutes tion and reservation of record, and Chanter 21 HH-6 F.A.C. ' FCVNOAIIQN S.,tvey 1I- 29-8 lc Fi000 2b»t 'X" - FINAL SURVEY 4-10-90 #ed .i-%-•%i' House e, r /saw,/ CRO Ww1 of,, NOTES: David B. runs, P.L.S. -Ron O.O.R .,.. GNRAL! Ells' 1S 11'AnovE Fla. Cert. No. 4520 Plat Bearing 1, /A-rD O Found Iron Pin ABSTRACT NOT REVIEWED • Set Iron Pin Flood Zone X ❑ Found Concrete Monument STREET ADDRESS: • Set Concrete Monument LI Found Drill Hole A Set Drill Hole 5095 - 4 Ave. S.W. _A519 efc ✓(/i// d 572 . Sf9 - ✓ ed A.,/J � ...4(3A.A griff r.r.sztioWo Se q F/.2)1 Attachment B (Aii) P6/-596:f 1 !/ TRACT 78 (OCCUPIED) SKETCH OF SURVEY S 89'40'50" E 150.00'(P) I n elk WQR s` 1 W 150' E 180' .• •:��••••••'' TRACT 68 TRACT 77 TRACT 77 ° 3°' N' 90' 120' (OCCUPIED) (OCCUPIED) (OCCUPIED) m '0 m n LEGEND i F.G.V. I FQAID cOtiCPEIE M04uHN7 P.R.1L P05W2NT NEFEAEN[F MONUMENT -I_..1 P.CP. PERMAIIEN7 CLWTACY PONT ^O o FIR • FOUND 5/8"WON ROD d yr f• SLR 0 SET 5/8'ROM ROD LB3241 Q Q d v - (DIE 0 FENNO DRILL HIVE 0 0 00 p O v� FJIaD • FOUND NAI).&LYS( O O o 61,14 SNND 0 SET NAL&DIC L63241 a-13 12 m m 00 LB LICENSED DosakESS h0 1°. NO®fNiricA7EW O O 0 0 3 3 ILA l9 N°RDI AMERICAN IER71CA1.OA7L'M b b - PLS PRESSCWAL LAM)SIATBEY07 b w O O - 3 3 EP91 PROFESSIONAL SLRICON7&NAPPER c1 W W 01 m ON O N5 (M) MEASURE° b b _ O m rn (P) PUT 0�0 O 0 O (C) CALCUA Ter m GN Z Z N N O O AFC MR-COYOi1M8L CO/rEiWNK 0 FEE i 1°y CEP EDGE OF PAIEMENT s Len OF 0 ORMDER Pum z z WE I ® — 18.8' UR 03 IEZLPRLNIE Bar I I" U.R. C4/at ROOT IIE Rfit EOJRVENT A/C` L A. " II • R'--19.9' RPP 0 Rom PGIER PALE PL POOL EOWi1IENT A/C I RESIDENCE I A/c _ 31.1' -- 55.7' La LINE TABLE A LP LINE BEARING DISTANCE Ll(PI_ N 00'19'10"E 30,00' L1(M) N 00'25'17" E 29.84' .2(P S 00'19'10.W 30.00' L2(M) S 00'17'44"W 30.00' O °C a FAIRF.IR 30'Pop1T OF WAY EA$MEN7� NO f.O, N 89'40'50" W 150.00' 1.9320 N 89'40'50" W 660.00'(P) IPP. 00N 89'44'20'W 149.85' EN&D N 89'40'48"W 659.55'(M) Da Lv ' S 89'40'50" E 179.89'(M) I NO LO. J Fee S 89'40'50" E 179.8V(M) David ; Bruns,PLS _ 0 — — f —® - Certificate Number 4520 —_ (60' RIGHT-Dr-IMO Le 627e N 89'40"50"W 150.00' �4� FNS Peter D.Gratosky,PSM N 89'40'39"W 149.91' Certificate Norber 6995 PALMETTO WOODS DRIVE (FIELD) (4th AVENUE S.W. PI AT) SEAL PROPERTY DESCRIPTION: DATE OF SURVEY,NOVEMBER 10,2016 THE WEST 150 FEET OF TRACT 77,GOLDEN GATE ESTATES,UNIT 32,A SUBDIVISION ACCCI11040 TO NOT VALID VITNOUT THE SIGNATURE AND THE ORIGINAL RAISED THE PUT THEREOF. RECORDED IN PLAT BOON 7,PAGE 21 OF THE PUBLIC RECORDS OF COWER SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. COUNTY,FLORIDA ..-. NOTES: f`°°' PAULINE M. CHRISTIE • ' 1) BEARINGS SHOWN 1EREON REFER TO THE CENTERLINE OF PALMETTO WOODS DRIVE, SPECIFIC PURPOSE BUNG N.8340'50"W. 2) TMS PROPERTY IS SUBJECT TO EASEMENTS.RESERVATIONS AND RESTIMCT ONS OF RECORD. SURVEY 3) DNENSIONS SHOWN HEREON ARE N FEET AND DES THEREOF. 4) ELEVATIONS SHOWN HEREON ARE NORTH AMERICAN V RTR%L.DATUM OF 1988.(NAVA/.88). 5) THIS PROPERTY I5 LOCATED WITHIN FLOOD ZONE AN 12.5'.DATED MAY IN.2012. score_60„ IrATE' 1°RAYM P.Dy '04 8. 'n.;, -33 6) IMPROVF.IFHT5 OTHER TIN THOSE SHOWN HEREON HAVE NOT BEEN LOCATED. 1• I 7) LEGAL DESCRPTION SUPPLED BY CLIENT. ,�'„Y„b & �„�ie,' .�nc. ELLE N2 8) ITIS SURVEY WAS COMPLIED FOR THE SPEOFIC PURPOSE OF CONSTRUCTION OF A '''''CAN SCREENED ENCLOSURE y "a"4Y1"9 &geed Newel �L4EU32V 150TR77 ID7t &A J,,.....X.., REM.. \` SITE ADDRESS 5095 PALMETTO WOODS DR J XyM., 96dL 34102.F'• (t59I 261 - 59°5 / \�\ .sr..J. ...933 Jr4I Attachment B-1 i ORDINANCE NO. 82-2 I ,"'• AN ORDINANCE ENACTING AND ESTABLISHING ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF !'. • COLLIER COUNTY, FLORIDA; DIVIDING THE LININ- - CORPORATED AREA OF THE COUNTY INTO DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF AND WITHIN SUCH DISTRICTS REGULATING AND RESTRIC- './t. TING THE ERECTION, CONSTRUCTION, RECONSTRUC- . .mc en TION, ALTERATION, REPAIR OR USE OF BUILDINGS. ci ".� STRUCTURES, OR LAND OR WATER; REGULATING AND �' ". di^ RESTRICTING THE HEIGHT, NUMBER OF STORIES iNp, - + +v-tri- SIZE OF BUILDINGS AND OTHER STRUCTURES; 1- - y�.,a,, REGULATING AND RESTRICTING THE PERCENTAGE-OF - :Y - o a LOTS THAT MY BE OCCUPIED; REGULATING AND- ^, ';' ',tea RESTRICTING TUE SIZE OF YARDS AND OTHER OPEN• '17, , CI1� SPACES; REGULATING AND RESTRICTING THE DEN-.. i'� t Cs "' 0 �' SITY OF RESIDENTIAL DWELLING UNITS; REcD•±� a- r ' ." 14 44 LATINO AND RESTRICTING THE LOCATION AND tf� '. 4, " in c i OF BUILDINGS, STRUCTURES, AND LAND AND WATER -- v- e FOR TRADE, COMMERCE, INDUSTRY, RESIDENCE, Cn • RECREATION AND OTHER PURPOSES; PROVIDING FOR L Ym ` THE ADMINISTRATION, ENFORCEMENT, AND AMEND- i aRS 1 01 b RENT OF THIS ZONING ORDINANCE; ESTABLISHING si .,., d G AND SETTING OUT THE POWERS, RESPONSIBILITIES, U c AND DUTIES OF THE PLANNING COMMISSION UNDER '-,, a. u L THIS ORDINANCE; ESTABLISHING AND SETTING OUT aVI .13 . 7 THE POWERS, RESPONSIBILITIES AND DUTIES OF " si v c THE BOARD OF ZONING APPEALS UNDER THIS ORDI- M A'7 L. NANCE; SETTING A SCHEDULE OF FEES, CHARGES . t r w - AND EXPENSES UNDER THIS ORDINANCE; DECLARING *aro a C THAT THE PROVISIONS OF THIS ORDINANCE ARE � Y^' a'+ >,, MINIMUM OR MAXIMUM REQUIREMENTS AS THE CASE .. ... ' MAY BE; SETTING PENALTIES FOR VIOLATION OF •., .......0. " ,! L.t y THIS ZONING ORDINANCE AND AUTHORIZING RESORT y `. I . .4.-"4:r4 TO OTHER REMEDIES TO PREVENT OR ABATE VIOLA- ` .ja r--+ e.+ TION; PROVIDING THAT PROSECUTIONS BEGUN UNDER ? ,i.• U"Aj Y1 >- PREVIOUSLY EFFECTIVE ZONING REGULATIONS MAY a �' r c •-' on BE CONTINUED; DEFINING CERTAIN TERMS HEREIN -i Pc © .•.ij"". .0., 4.. USED; PROVIDING THAT THESE ZONING REGULATIONS n ea L b d SHALL SUPERSEDE ANY AND ALL PREVIOUS ZONING /...4 , REGULATIONS, RESOLUTIONS, OR ORDINANCES, - REPEALING ALL ORDINANCES IN CONFLICT HERE- '-a '°td r V V WITH; PROVIDING FOR SEPARABILITY; AND PROVID- , r^' m ING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 1(1) of the Constitution of Florida Y".4',... confers on counties broad ordinance-making power when not inconsistent r,-.4- with general or special law; and WHEREAS. Chapter 125.01, Florida Statutes, confers on all counties 1 ' iin Florida general powers of government, including the ordinance-making 1 power and the power to plan and regulate the use of land and water; and WHEREAS, the Legislature of the State of Florida has recognized the M I. geographic, demographic and economic differences between the populous, urban coastal area of Collier County, and the relatively sparsely popes- 11111 I listed, rural agriculture oriented eastern area of Collier County by d enacting Chapter 67-1246, Special Acts, Laws of Florida, 1967, as 111114: amended by Chapter 69-964, Special Acts, Laws of Florida, 1969, which k' recognises these differences by authorizinggppthe formation of multiple• OOOII O mu W Attachment C _ �_ ii e. Signa: As permitted in Section 8.31. X ' 7.10 F. - Estates District: • a. District Purpose: The provisions of this district are intcn- ded to apply to nn area of low density residences in a semi- ,•• rural to rural environment, permitting all necessary residen- tial activities and limited agricultural activities. The district is designed to ■eeommodate certain structures and uses subject to restrictions end requirements necessary to 1 preserve and protect the low density residential, semi-rural : i X• and rural environment character of the district. It is the intent of this district to implement the Comprehensive Plan within, but not necessarily limited to those areas of Collier fCounty shown as Low Density on the Land Use Plan. 1. 1 b. Uses and Structures: No building or structure, or part there- of,1 shall he erected, altered or used, or land or water used, in whole or parr, for other than the following: - 1) Permitted Principal Uses and Structures: Single-family 1 • dwellings. 2) Permitted Accessory Uses and Structures: (a) Accessory uses and structures which arc incidental to and customarily associated with the uses permit- tcd in the district. (b) Field crops raised for consumption of the people residing on the land. i • (c) Keeping of fowl or poultry not to exceed twenty-five ! ' • 1 (25) in total number provided such fowl or poultry . are kept in an enclosure located thrity (30) feet or f : more from any lot line and at least one hundred (100) feet from any existing residence located in . 3, adjacent porperty. • - r* s (d) Keeping of horses and/or livestock (excluding pigs • 'ry and hogs) not to exceed two (2) per acre. Any ' roofed structure for the shelter and feeding of such ' , `t animals shell be no less than twenty (20) feet from any lot line or no closer than one hundred (100) feet to any existing residence located on adjacent property. No open feed lot for animals shall be permitted. 11 24 000K 014 racE 8t r, (e) One guest house (Subject to Section 5.18). 3) Permitted Provisional times and Structures: (a) Churches and other places of worship. (b) Public, private and parochial schools and colleges • having a conventional academic curriculum. i (c) Recreational facilities not accessory to principal Q'. use. Z (d) Social and fraternal organizations. (Subject to it Section 8.11) (e) Owner occupied child care centers (Subject to Sec- b tion 8.48), convalescent homes, hospices, rest • homes, homes for the aged, adult foster homes, • children's homes and rehabilitation centers. 4) Prohibited Uses and Structures: Any use or structure not specifically, provisionally, or by reasonable implication permitted herein, or permissible by cpecial exception. • c. Development Standards: 1) Minimum Lot Arca: Two and one-quarter (2k) acres. 2) Minimum Lot Width: One hundred fifty (150) feet. 3) Minimum Yard Requirements: (a) Front Yard: Sevrnty-five (75) feet. (b) Side Yard: Ten (10%) percent of the width of the ' , e • lot not Go exceed a maximum require- ment of thirty (30) feet. • (c) Rear Yard: Seventy-five (75) tett. • - , 4) Maximum Height of Stnrotures: Thirty (30) feet. 5) Maximum Density One (1) dwelling unit per two and one-quarter (2k) acres. 6) Minimum Floor Area: 750 square feet. i. d. Signs: A. permitted in Section 8.31. c. Minimum Off-Street Perking: As required in Section B. f. Non-conforming Lots of Record on the Corner of Two (2) County ; Streets: Any non-conforming corner lot of record which abuts two (2) County streets shall have the front yard with the ,4 longest street frontage setback a minimum of twenty-five (25') feet from the easement or right-of-way line. The front yard with the shortest street frontage shall require the 75 feet frontage yard setback. 25 ROOK 0'14?Ace 82. m t 4 7.11 RSF - Residential, Single-Family District: • z a. District Purpose: These districts are intended to apply to areas of single-family residences which conform co the Collier County Building Code and low dwelling unit intensity. Varig- , •• 1S° tion among the RSF-1, RSF-2, RSF-3, RSF-4 and R5F-5 districts ::„ is in requirements of lot area, lot width and minimum yards. Certain structures and uses designed to serve governmental, ti educational, religious, non-commercial recreational, and other dimmediate needs of such areas are permitted or are permissible v. as special exceptions within such districts, subject to re- atrictions and requirements necessary to preserve and protect , .i' their single-family residential character. It is the intent 1;, i of these districts to implement the Comprehensive Plan within, EV:, 1 but not necessarily limited to those areas of Collier County t shown as low, low to medium and medium residential densities k `, t on the Land Use Plan. . b. Uses and Structures: No building or structure, or part there- of, shall be erected, altered, or used, or land or water used, in whole or in part, for other then the following: 1) Permitted Principal Uses and Structures: • (a) Single-family dwellings. (b) Public parks, public playgrounds, public playfields, • and commonly owned open space. 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' ,„ ,, 'Aiii. ‘ 4 N ' — - ' A -,-,... -- tigiti 4. 2. - - - _ . , -.- "' 4r "4;' . :,-( 4 illiir -r, ; ,_ N` � f. -Vint -,:-..,.'1 - . t o I' ll P' • 1P 1 i e+ y ."" 1 {r e . ry - � r • y_ -' • .y- . Ov f . .......„ . - • * _ ,* ! ,. ` • y. . 1 fiA 0 r€ .. z �� .� . to 'yr . , - . 1 .. IIP ., i = I - . a ' � t 0 --• .1tit 1 a Nor . , • ` � \ \ I :» 4 , wow y § COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION / PLANNING AND REGULATION 2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2400 Outstanding Corrections Date: May 31, 2016 PERMIT NO: PRBD2016051943801 Contact Name: YADIRA MEDINA APPLICATION NO: PRBD20160519438 Address: <NO STREET ADDRESS> JOB SITE ADDRESS: 5095 Palmetto Woods DR City, State Zip: Naples, FL Fax: <NO FAX NUMBER> Email: Dear Applicant: Plans submitted with the referenced permit have been reviewed. We are unable to approve your permit application for the reason(s)indicated below. Submit 4 sets of revised sheets along with 4 letters of response addressing each item. All corrections must be clouded. Corrections must be submitted in person,the GMD office receiving corrections is open until 4:00 pm. (NOTE: SIRE permit corrections must be resubmitted through SIRE and CityView Electronic Permit corrections must be re-submitted through GMD Portal at http://cyportal.colliergov.net/CityViewWeb) JOB DESCRIPTION: SCREEN ENCLOSURE 5095 PALMETTO WODS DR Rejected Review:Zoning Review SC Reviewed By: Chris Sparacino ctAK-I) Phone:239-252-8676 Emait:ChrisSparacino@coltiergov.net Correction Comment 1: new screen enclosure does not meet side yard setback requirements. Sideyard should be 30' ATTENTION: Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the Code Enforcement Board. the permit app.ication will be canceled as per Collier County Ordinance 2002-01, Section, 704.5.1.1 to 104.5.1.4. ' alp IMPORTANT: The new Digital Flood Insurance Rate Map (DFIRM) will be effective on March 30, 2012. All development and building permit must be in compliance with the DFIRM flood zone and flood elevation requirements beginning on March 30, 2012. Please note that applications submitted prior to March 30, 2012, hut issued after March 29,2012, must be in compliance with the DFIRM requirements. 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E. m U �Qx E :':.' c.) zwoi 11 2 atizW wC7'46$0 401 i, $ d .1 ', a00 g a,- _ zt p w 0 0 December 30,2016 Collier County Growth Management Division 2800 North Horseshoe Dr. Naples,FL 34104 RE: Variance PL2016001264 Two story Lanai to be installed at my neighbor,Pauline Christie's home at 5095 Palmetto Woods Dr. Naples,FL 34119 I am in support of the installation of two story lanai and it will not hinder or obstruct my view in any wad. Sin rely, i i_ ow yyT .‘:;1010 r 8 e _..,.016 . Naples,FL 34119 Attachment G December 30,2016 • Collier County Growth Management Division 2800 North Horseshoe Dr. Naples,FL 34104 RE: Side yard Variance PL2016001264 5095 Palmetto Woods Dr. (VA) Requesting a variance to reduce the side yard setback from 30 to 18.8 feet due to the increase in height of the pool screen enclosure,which is currently a non conforming structure. Sincerely, Pauline Christie 5095 Palmetto Woods Dr. Naples, FL. 34119 (832)372-17717 • Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 • VARIANCE PETITIONAPPLICATION j :. • �Varidrice�ror».` ��backsRe' ulred� oJr=aPar`tic%lar�Zon 'District • LDC,section 9.04 00&Code of;Laws section 2-$3,=-2 90 P . Clic ter'3J :oi+`the Adminis �atwe Cade PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED PPLICANT O.TACT�N RIIAATION A.. Name of Applicant(1): fU_AL4A-5 JZA4JJ19 Address: So9S u0� IY City: 65 State: ( ZIPs39117 Telephone:c 3-6/27431-e Cell: Z3a37 `)77/ Fax: E-Mail Address: ' ' 6fita.c.2_• • Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. I 6/4/2014 Page 1 of 6 r� 1 Co et- County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY INFORMATION :::;.. ,..:::::. : Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property I.D. Num �err: 30� .5� ,O Section/Township/Range: /_f Subdivision: /V 7 . Unit: 3-X. Lot: Block: Metes&Bounds Description: 0e-A lib fla-2CTotal Acreage: 0..� Aeneral Location of Subject Property: 0 �U X31f 0, I-1 e5 �- q- / 1 q Addr ,-,,,,... .. :,,,,,, , ADJACENT ZONING ANO LAND USE Zoning _ Land Use 1 N ES - c.5 1 11V-7 s r WE _ 1 1 Minimum Yard Requirements for Subject Property: Front: 5 Corner Lot: Yes ❑ No p, Side: Waterfront Lot: Yes ❑ No ] Rear: 1-c C Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 6/4/2014 Page 2 of 6 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 .AssocrATfoN � Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collier ov.net/Index.aspx?page=774. f _ Name of Homeowner Association: /11O 1 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: _City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: _ City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: >NATURE'OF>:.:E'TIT O l On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what Is proposed; the amount of encroachment proposed using numbers,i.e. reduce front setback from 25 ft.to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. . 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. n S'Mu C.nj G s C v CQW 2M C ( GA-v-1e. . 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. • 6/4/2014 Page 3 of 6 Co er County 4110 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 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 is the subject of the variance request. c) Will a literal Interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 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 or welfare. e) Will granting the variance requested 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) Will granting the variance be in harmony with the intent and purpose of this zoning code, and - not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes,golf course,etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? El Yes® No If yes,please provide copies. • 6/4/2014 Page4of6 Comer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 • Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 31. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW it OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) [Ca ❑ Pre-Application Meeting Notes �1 L`�� ❑ Project Narrative Completed Addressing Checklist 1 L4 Conceptual Site Plan/0440 and one 8)4"x 11"copy Survey of property showing the encroachment(measured in feet) 2 Aim % Q— Deeds/Legai's 3 / ay. . Location map 1 Qr C .es ae 1 ph. ..rap vailabl- rom Pro• • App • - )with �/� f ., .o ..ry . • v-_et- .d, : s _ le: .n, I✓ �T /l�/f i in..ded • aeric Historical Survey or waiver request tJ,/ ' r 7 E Environmental Data Requirements or exemption justification 3 ❑ [v Once the first set of review comments are posted,provide the assigned 1 ❑ planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/4/2014 Page 5 of 6 • Clair County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 Planners:indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheitree ID City of Naples:Robin Singer,Planning Director 0 Historical Review Comprehensive Planning:See Pre-Application Meeting Slgn-In Sheet ❑ immokalee Water/Sewer District: 0 Conservancy of SWFL:Nichole Ryan E . Parks and Recreation:Vicky Ahmad • ❑ County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock El Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwlnsky _❑ Other: ❑ Utilities Engineering:Kris Van Lengen FEE REQUIREMENTS 0 Pre-Application Meeting:$500.00 ❑ Variance Petition: Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee O Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$.946.1111"4 11.2-C ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 < 1LL • . v ) , ;cant Signature Da e Printed Name • F/A hell A. M'Jan g nEg- AFFIDAVIT OF AUTHORIZATION F R PETITION NUMB RS(S) p I_a2D l(o QW �44 • I r udine- C.14.r!,�.>'47 _ (print name),as Ta(,J I 111-� c--111-; ) (title,if applicable)of (company, If a licable),swear or affirm under oath,that I am the(choose one)owner�japplicantncontract purchaserland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • if the applicant is a corporation, then it is usually executed by the corp.pres. or v. pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's'Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. • Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that thfacts stated in it are true i . • 1 (tyle I-1 41 e-- 1 (/-7/0-0/0 Sig to re Date au. et4u, STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to(or affirmed) and subscribed before me on (t/7�$ (date)by r 4-( l'.S.:\-:`.S.:\-:` (name of person providing oath or affirmation), as dlaip LAJ ft (� who is personally known to me or who has produced l (type o identification)as identification. !1 .�.' 1". STAMP/SEAL Signature of Notary -u. 1 "' TARA TRASK in. Commission#FF 44018 :,+ ;ie My Commission Expires `,,;,`0d`'` August 08, 2017 ` CP\0&coA-08115\155 • REV 3/24/14 ellallat R ' 61-4975S4 lest PA V22 "0 163 I 00 i 437 Cotutg mitYAroma . OR BODF PAGE • Tuts voramtits PREPARED j Itr r. 110101? EMMA, Ortier. 4 `-•C 7):1- 1n Rowe 30181361043 sl(Q+"""IseMM11t EMs-_ Ram Atm*flat Lam MRrrtooM;Deg Warranty Deed IbyIefestatel Ms&Ws 8thda ti July.091 M'. Benno JOYCE joined by her husband MARTIN SCAFI02, etOpemefyet Collier , imma Florida ,grseler, mid PAULINE H. CUBISM, abusemeleYc 14600 Fonseadow 11505, Houston, Texas 77035 utile Comfy et Han,. , wtsa TORSI rgramme WlhKsHlk Mot do GRM/1uL to mod te conadasion i O(arov x WIN = 1000) aounRa, adobes pod pad vNaabie asaaldatatla to OAANfOR la lased pad by ORANIEE, tea no*abae.of Is tinb7 adimiftdP6A11 per btt,plM.dsad mid todadd ORANTBE ad ORANIEV1 beim sad swipe elataaf Florida tisdaedbedlend,SWOa, bins aid bates latbscooly a Collier The West 150 feet of Tract 77, GOWEN GATES ESTATES, Unit 32, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Plat Book 7, page 21. Subject to restrictions, reservations and easements of record, if any, end taxes subsequent to 1990. Rat:,ivett f /J AO •Oro..n•.otr,l'1• , •'• •' • Received I I:L41 I. o••• • • AtO4 Personas?town/ 'di% COLLIER COUNTY C RK Of CO 75 • SY .C. aid tae poen does beteby(My wanut tbi this to seid laid,aid on defeod tbo some aphid leifal lobes clan peaoos glimmer= In Witness Whereof, toe term bas beaaaw al tbeb bail aid seal the day aid year Hie above wdttem _ hif.....rrli...�I -- (call 'IC= a ph . Richardson r ' 14: A:f' ' A Addtea ••,Yoakum:,(]rd.,/ PL 3394r 0.30mess Patric K. uavis • • IN C•*- a'I ' lel 4 M OW) 8 h to STATS OF Florida a t8 E-,a COUNTY OF Lee gEE g I HEREBY CERTIFY OM o. 4441.day,befine moa as ddeer • duy g'AAod to tdm P�bt appeared,i S d d _" MARTIN SCAFIDI and JOYCE SCAFIDI, _ , t2- • mos beowo to be tai ptnaoa.6eiorpod m sad Ma coati=the[ircpiK Minim=and tory aduorladpd "Arial Way.. ;., WITNESS swims!aid*Masi seal is he county aid Stam hat araraald. B th Mot'.'�L 1,,,J.j .�..q:f99N.:31-Ate. tTh.poaateat t3.pa id EF .i t.. Trlf ,t;,.I^1(i7 Y4 f.i;$f;v.,r. . #�It tw RaTlMA.>eklaedaa Atlo.aeyaariaer • ...,„{ r.+'.� tone/t7a711;�i i'••<i:�fil'' 1;!:. OM, NO trifro UC,sum cs, ; a).!,` :,�y;�� ` . = ' .•t'r IMMO pelsgh•4356 Pao My Cam � Yy • soaMat�.tast,IL�9s • .IT la�i 8 1f ..at1' . t +atyu 14;,sx1r,l:. fh1.6y'F.'Ci'�71' �,.. ?1;� r41' ele. N. ................................. . , .. i i.} .6 D, t t .J 7t" ks,, •y ,f J! > a •ki� k , Au . . t r` 5095 Palmetto woods Dr. -Side yard variance 1 December 30,2016 Nature of Petition Questions Answered 1) A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers,i.e. reduce front setback from 25 ft. to 18 ft.;when property owner purchased property;when existing principal structure was built(include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. Current Owner,Pauline Christie,purchased this property at 5095 Palmetto Woods Dr Naples, Florida 34119, from previous owners in 1991.This consisted of tract 77,unit 32 in Golden Gate Estates,with existing one story house and pool with a one story attached screened lanai.During renovation which started 4/2012, there were no kind of alteration /renovation or enlargement of pool area.It's still situated at the same spot with all dimensions as approved by the county of Collier under permit#890003866 dated 4/24/1990.The one story screened lanai structure had to be removed during the house renovation in order to accommodate the strengthening of existing columns of the house to facilitate the two story.In February of 2012 we submitted plans approved by engineer/Architect for renovation/construction of the new house which was approved under permit PRBD 20111209558 dated 2/8/2012. So I am now applying to request a variance to accommodate the structure of the two story screened lanai and decks. Enclosed are pictures of previous one story home with the one story lanai under permit 8900003866 and new two story home without lanai. We are therefore requesting a variance from the required side yard setback of 30 feet to 18.8 feet. 2)For projects authorized under LDC Section 9.04.02,provide a detailed description of site alterations, including any dredging and filling. Constructing a screen enclosure on original footprints.No dredging/filling on site alterations 3) Pursuant to LDC section 9.04.00,staff shall be guided in their recommendation to the Hearing Examiner,and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria(a-h)listed below.Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location,size and characteristics of the land,structure,or building involved. • 5095 Palmetto woods Dr. -Side yard variance 2 • Yes.The pool and the one-story screen enclosure was originally permitted and built per the minimum side yard setback of 15 feet and that I would like to be held to that same standard for the two story home/screen enclosure addition. In addition,the most affected neighbor to the east has no objection to the two-story screen enclosure. (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 is the subject of the variance request. No.There are no special conditions and circumstances that resulted from my actions other than procuring an approved permit for two story building from a one story building.The pre existing lanai had to be torn down to make room for the two story building. (c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. • Yes. A literal interpretation of the provisions of this zoning code work would bring hardship on owner of the house. (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 or welfare. Yes. The pool and the one-story screen enclosure was originally permitted and built per the minimum side yard setback of 15 feet and that I would like to be held tot at same standard for the two story home/screen enclosure addition. In addition,the most affected neighbor to the east has no objection to the two-story screen enclosure. (e)Will granting the variance requested 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. • 5096 Palmetto woods Dr. -Side yard variance 3 The variance requested would confer any special privilege.There is no change to •the footprint,it is just the height from one-story to two stories. (fl granting ranting the variance be in harmony with the intent and purpose of this zoning code,and not be injurious to the neighborhood,or otherwise detrimental to the public welfare. Granting this variance would be in harmony with the purpose and intent of the zoning code.Extending the height of the lanai would not be injurious or detrimental to the neighborhood or public welfare.The placement of the lanai to the back of the two story home would not be visible from the street,. (g) Are there natural conditions or physically induced conditions that ameliorate tetc e goals and objectives of the regulation such as natural preserves,lakes,golfcourse, Where the home is located in the Logan Woods/Golden Gate area there is existing, • mature vegetation. This vegetation obscures the view of the proposed two-story lanai from all neighbors(excluding the neighbor to the east,Mr.Kyner). (h)Will granting the variance be consistent with the Growth Management Plan? No.The Growth Management Plan does not address individual variance request.The plan deals with the larger issue of the actual use and approval of this variance and will not affect or change the requirements of the Growth Management Plan. 4) 4. Official Interpretations or Zoning Verifications:To your knowledge,has there been an official interpretation or zoning verification rendered on this property within the last year? No. S Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: v -�^- iz- Date and Time: lP 130/ 1L7 ( 10 AM Assigned Planner: iZIA--‘1 1 6e0.st Engineering Manager(for PPL's and FP's): Project Information Project Name: S Uci ?c.1 pAttko W0ockr) Cor Con PL#: Z01to00011-(oc1 Property ID#: 32 2.2 S3 C.1002- Current Zoning: ..Stn.+e.S r. Project Address: 5b5 i o°� City: �c''Q� State: FL Zip: 3L4 I 1,9 Applicant: RA tASz C. �e- Agent Name: Phone: Agent/Firm Address: City: State: Zip: Property Owner: 'P�`As1t- Civ AZ e— Please provide the following, if applicable: i. Total Acreage: N 2 2� ii. Proposed#of Residential Units: �/ iii. Proposed Commercial Square Footage: 1.1/ iv. For Amendments,indicate the original petition number: w1R v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: P1 rk vi. If the project is within a Plat, provide the name and AR#/PL#: I /F • 9&9tY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Nates -�' o i Si. q usu � " e ?(A-A-1. �1�wa.Y,�cA Q.4309Q.L;Can.r . vc (11-Ap, A-c- c �- da 3cu�. 0.0 D 0 n-0.1 0/F} al- crr r7.4). L2,1:4-r 5 `0-f 1.3 0 04 ►- m rtA•.` r,bc9(-5 AD n c� +v '�a �.•Q f n cg. urn A. e _11. 02.A•u-' .J:-af (- 'O`' � rn st-CLA +0 Cs�+ a r, f��trr�� ►'�E�i']`-t-,�C ix±AAAN) �J ti uM c nat. ��QQ�,-/a-e-A•� J . c . . � r0 c5 c ' re�r � .A.:/) a (-t.d. _ - . C LLAQ_ ?e•- rn ac e..a.A•I e ci.a,,.sz_ S LA.b + G S LA, vc-1,. • (LN. C e. - (pc?( ot-Q-0-dt C o L l ►'QX 4 Q p r cx,,Yt-r e;bg i spz. Co*r County 0 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 31.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW ii OF COPIES REQUIRED REQUIREDr Completed Application(download current form from County website) [ El 4--------u Pre-Application Meeting Notes 1 r_i 0❑ Project Narrative El Completed Addressing Checklist 1 Conceptual Site Plan/4114V and one 8Y."x 11"copy Ril ,,,,•M E Survey of property showing the encroachment(measured in feet) 2 lJ ❑ &/ ;t gi 4- Deeds/Legal's t 3 ,ligrEl6W.'l9-1' Location map 1 ❑ • C,,•e. ae '•I ph. T.!rap vailabl• rom Pro. Appr.i • )with .„----'P'7.--1 /�1 .0 ..ry . . v-.et. •d, .^.4•s le: •n. Kl 1 I. s • . aeric N� l�-,1' Historical Survey or waiver request - L, 7 Environmental Data Requirements or exemption justification 3 ❑ M Once the first set of review comments are posted, provide the assigned 1 El planner the Property Owner Advisory Letter and Certification Electronic copy of all documents and plans *Please advise:The Office of the Hearing Examiner requires all 1 Sir' ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff,the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. S 6/4/2014 Page 5 of 6 Co tier County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application 1-1 Executive Directorr Meeting Sign-In Sheet E ❑ Addressing:Annis Moxam Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre Application ❑ Immokalee Water/Sewer District: Meeting Sign-In Sheet ❑ Ll Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad El County Attorney's Office:Heidi Ashton-Cicko ❑ Transportation Pathways:Stacey Revay El Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: El Utilities Engineering:Kris VanLengen FEE REQUIREMENTS Pre-Application Meeting:$500.00 Variance Petition: Residential-$2,000.00 • o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$999` i After The Fact Zoning/Land Use Petitions:2x the normal petition fee Listed Species Survey(if EIS is not required):$1,000.00 All checks payable to:Board of County Commissioners The completed application,all required submittal materials, and the permit fee shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Date Printed Name 6/4/2014 Page 6 of 6 it Co Ater County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE . GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Sign-in Sheet p1#:20150001611 Collier County Contact Information: Name Review Discipline Phone Email ri Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net David Anthony Environmental Review 252-2497 davidanthony@colliergov.net (l Summer Araque Environmental Review _252-6290 summerbrownaraque@colliergov.net [l Steve Baluch,P.E. Transportation Planning , 252-2361 StephenBaluch@colliergov.net 11 Laurie Beard Transportation Pathways 252-5782 Lauriebeard@colliergov.net 54 Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net f Marcus Berman County Surveyor 252-6885 MarcusBerman@colliergov.net I Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net n Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net i George Cascio Utility Billing 252-5543 ,georgecascio@colliergov.net Li Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net El Sue Faulkner Comprehensive Planning 252-5715 suefaulkner@colliergov.net Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net Ii Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colliergov.net 1 Nancy Gundlach,AICP,PLA Zoning Services 252-2484 nancygundlach@colliergov.net ii Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org • John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ___ ',.i Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net i_.1 Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@coliiergov.net LI Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net Ti Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net I 1 Stephen Lenberger Environmental Review 252-2915 stevelenberger@calliergov.net I ! Paulo Martins Utilities 252-4285 paulomartins@colliergov.net 1-1 Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net i Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@coiliergov.net 1 Matt McLean, P.E. Principal Project Manager 252-8279 matthewrnclean@colliergov.net • Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net [', Annis Moxam Addressing 252-5519 annismoxam@colliergov.net • Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net 11 Mariam Ocheltree Graphics 252-2315 mariarnocheltree@colliergov.net • 7 Brandy Otero Transit 252-5859 brandyotero@colliergov.net 9? untY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 • www.coiliergov.net (239)252-2400 • Brandi Pollard Utility Impact fees 252-6237 brandipollard@colliergov.net Fred Reischl,AICP Zoning Services 252-4211 fredreischl@colliergov.net Stacy Revay Transportation Pathways 252-5677 r stacyrevay@colliergay.net (i Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net R Michael Sawyer Zoning Services 252-2926 michaelsawyer@colliergov.net 11 Corby Schmidt,AICP Comprehensive Planning 252-2944 r corbyschmidt@colliergov.net Chris Scott,AICP Planning and Zoning 252-2460 chrisscott@colliergov.net (1 Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net ri Ellen Summers Planning and Zoning 252-1032 EIIenSummers@colliergov.net F1 Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net • Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net [1 Kris VanLengen Utility Planning 252-5366 krisvanlengen@colliergov.net (i Jon Walsh Building Review 252-2962 jonathanwaish@colliergov.net 111 David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net n Kirsten Wilkie Environmental Review 252-5518 kirstenwilkie@colliergov.net • Christine Willoughby Planning and Zoning 252-5748 ChristineWilloughby@colliergov.net Additional Attendee Contact Information: t Name Representing Phone Email �� a � � (j 3 • Letter for Notification of Variance to Property Owners and Associations within 150 feet February 7,2017 Beth S Adelman 5110 PALMETTO WOODS DR NAPLES,FL 34119---2528 Dear Property Owner: Please be advised that a formal application has been made to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 5095 Palmetto Woods Drive,Naples, FL. 34119 it is my intent to ask the County to allow me to reduce the minimum side yard setback from 30 feet to 18.8 feet for a proposed pool screen enclosure on the aforementioned property. In order to provide you an opportunity to become fully aware of my intention, • or you may choose to telephone me for further information. Please be advised that I am interested in assuring you that my request should not adversely affect your property interest. Sincerely, Pauline Christie 5095 Palmetto Woods Drive Naples,Fl. 34119 832-372-1771 239-353-9428 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code, • I did give notice by mail at least 15 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list,which are hereby made a part of this Affidavit of Compliance. ignature of Applicant) State of Florida County of Collier I l� The foregoing Affidavit of compliance was acknowledged before me this day of 2a17 < who is personally �c ,241-0by �.../1:A{ r. <%SV.c. , known to me or who has produced VL as identification. • (Signature of Notary 'up (Notary Seal) Printed Name of Notary /",::.;\ TARA TRASK r/� Commission Y FF 44018 � "'�"�.z My Commission Expires ,7 ` August OB,2017 S o n N N 40 o 0 0 0 N .-. 1 O m 0 O ---,„ N `° a a W • a Z N N W N N N N m m N NW N N m N N m N m N N N N N N m W N m m N m WWWW N N N N N m N m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N .' m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Um m m m m m m m m 01 m m m m m m m m u. m m m m m m m m m m m m m m m m m m m m m m m m m F- Z 0 .1 0 .1 .1 0 .-. 0 .1 O 0 .0 0 .1 0 ,.. .4 0 N 1 0 0 N .1 0 0 0 10 .-. 0 0 M .. 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' ' ,. • ...... mil ? .,, , r. . ..; ... . . . - . . ca J'i'i !I 2- , ,-. - 5 - ..... „. ; ,,,..: , , „ . . .. - ...., . . ,.. . .t.# -, ,,,,,..k 1 b ..,,,z •- tilli h. ## . ...ri I p IP rii Id" ° q 9 4 .'it . , z . . 4 f 4 ". i..,., • . . . ,., I Z . g . . o 9 ... ;,, : . . • . • . - 3 § it, t;t.' . ' . . - ... •-• ,,, ' . ',... • iti .'-' i'Z,.s 24, ;•rt,F l'• , .; -, - . - . ..,-.. 11. t.A1"! .,, -ll ' • ' .. , , . , . . . , . ,,.-. is•-•-• ....-. ,.,, .• , , , . — • , . ,. . , . -- .. . ' • • - „ .., ... •,... ; .„. • ...„ .• „ - ---„... • , , . - - - . . . .. • . . ".•.- ' . ' • . . ,. . .. ,_. . . ' . . . ' , ' ? • , . • ' • . .;'1,' ''' ,%'. . •;•*, 1 ... ' , - ... : i•• .t .....L ' ... r :. . .• • „ . , . • ..2 • , -A, ..,4'i... ' ' ... . , .• . . , .. -- - - . . . . . ' . • . - . ••... . . , , . • . .. . .... • — ' .'• • . . .,• " ' '. • '‘ . - . • ,. / 4'.'" 'lilt ., • • . . . .v..;‘7. #.:"13/4' ; ,I.,, ,..'li , . • , •' * . ''.:',.• t; : . I, '-', ''',1',41..,-r:-.' , • , . ,,,.;-, .- . . , . . : , , . „ . tV -,l'''' ' ."'• 4 .t.:S . • * r, . .1 i'' , . ..,..1 •,,„'!, ' -• - • - -- — — —— — AGENDA ITEM 4-C Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION--ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING: MARCH 9, 2016 SUBJECT: BD-PL20160000357, WHALEN BOATHOUSE APPLICANT/OWNER/AGENT: Applicant/ Michael J. Whalen Owner: 1792 Holiday Lane Naples, FL 34104 REOUESTED ACTION: The petitioner requests approval of a boathouse pursuant to Section 5.03.06 F. of the Land Development Code. GEOGRAPHIC LOCATION: The subject site is located on Lot 4, Block F, Brookside Subdivision Unit No. 3, Plat No. 2, also described as 1792 Holiday Lane, on the west side of Holiday Lane, just north of Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. The folio number is 24981120001 (please see the Location Map on the following page). PURPOSE/DESCRIPTION OF PROJECT: The purpose of the application is a request for a boathouse (see attached elevation), open on four sides, over a boat dock facility, not yet permitted, which protrudes 17.3 feet into a waterway. The waterway for this property measures seawall to seawall approximately 69.5 feet at the narrowest point from where the boat dock will be. The total length of shoreline is approximately 85 linear feet. No boat dock extension is required because the dock is within the 25 percent of the canal width and the proposed roof will not extend further than 3 feet into the waterway beyond the maximum protrusion. A single-family house exists on the site. BD-PL20160000357-Whalen Boathouse Page 1 of 7 Revised 2/10/2017 HEX 3/09/2017 y 'J t7 f 0 e g F . .. e (4 e e s x G ® e e e e - 0 Q Q e C Qy 0 ®o @ s ® 0 e ® �.1 ® U E o @ 110 11 o ® J4W @ Q © @ e , e l5r, ie In SU ni II ® . O o th I ®1 vok,„ oQoe@ADS O ®��tt� ,e®_P flAn a cu ti 1.- ex Air , 1:ono 1 . 00 \ P40 4'10111 N n a f LO M ` O O LL W o O yOy h y C 4: C3U2 u ' g Y \ O N Z CL L a) E Z C 0 J Q) mCL N. 5 0— CD CZ W o Kt, oa C ig O d J (13U O J ., I7 I 2 |§g • I �. |§ 2 # )2o. §k§ , §% z _ °zz ■2 010 J . [. B 2 \u)0- cn • � £i2to ` ~SQe§ V" 22`§- G . ■§a! W§ uwao`, 000_ia! 6.01|k;z2 , NORTH Z8110 £ ; f ; U ce 0 ) ! 20 a I 1uj _, , m • \ q 4 8 ' o ' � \ 2 4 « k # ! Li 7� ° x $ #1111g11 ` f } . � j `iI ƒ k ■ z % ¥ g ` 1 § ..N§§ 4 . §2§/ \\*.., �. — k��» 11. �. ' I §§)k 7 $ � � s § - ` I 1 i 011 til‘... - � ' ,- : = | k | \\ { i > • § �,— �� / . L ir 7 11 ' ` v| § \\ /k ƒk2 VIS In a SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single-family house with a boat dock, zoned RSF-4 SURROUNDING: North: Single-family house zoned RSF-4 and then Rock Creek waterway. East: Holiday Lane Right-of-way (ROW) and then Single-family homes zoned RSF-4 South: Single-family homes zoned RSF-4 West: Rock Creek waterway and then single-family homes zoned RSF-4 Wfi tl" r'`-- 1, e.w..,--i 1, , ;.A. . , --- 1 _, _ ,.„ _ , • . , . 4. 401 \ . e. •,,,t, 7 ..--- IhIP, . . Subject c x Property 41S. i Iw .::‘ AI I:0 ,.,4 . uil{ •41141101 k ,404, ,. .4.. _ ... , ,:.... ,. iit , {1. it '$ -_ r _. � c,,.a AVE Galaf earl..P'C,C'wV Aoa'Nea+Saves 4=... . , e Aerial of subject property(Property Appraiser) ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. Section 5.03.06(E) (11), of the Land Development Code (LDC), Manatee Protection Plan consistency, is applicable to multi-slip docking facilities with ten (10) or more and to all commercial marina facilities, and aside from one location within the county and do not apply to individual docks located behind individual residences. Therefore the provisions of the Collier County Manatee Protection Plan do not apply to this facility. BD-PL20160000357—Whalen Boathouse Page 4 of 7 Revised 2/10/2017 HEX 3/09/2017 The subject property has an existing seawall with no mangroves or other shoreline vegetation adjacent to the seawall. A submerged resource survey provided by the applicant found no seagrasses with no significant submerged resources. STAFF COMMENTS: Staff has reviewed this petition in accordance with Section 5.03.06 and recommends the following findings to the HEX: Boathouse Criteria: Pursuant to Section 5.03.06 F of the LDC, boathouses, including any roofed structure built on a dock, shall be reviewed by the HEX according to the following criteria, all of which must be met in order for the HEX to approve the request: 1. Minimum side setback requirement: Fifteen feet. Criterion met. The south side of the dock, on the south side of the house where the boathouse is proposed,provides a setback of 15 feet from the south riparian line; the north side of the dock, on the north side of the house where the boathouse is proposed, provides a setback of 15 feet from the north riparian line. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Criterion met. The boat dock protrusion is 17.3 feet from the property line. The canal width is 69.5 feet and twenty-five percent is 17.4 feet. The roof overhang depicted in the application is 2.5 feet. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive,to the peak or highest elevation of the roof. Criterion met. The maximum proposed actual height is 15 feet above the top of the seawall. 4. Maximum number of boathouses or covered structures per site: One. Criterion met. The Applicant is requesting one boathouse, and there are no others on site. 5. All boathouses and covered structures shall be completely open on all 4 sides. Criterion met. The application indicates a boathouse open on all four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single- family dwelling unit must be constructed on the subject lot prior to, or BD-PL20160000357—Whalen Boathouse Page 5 of 7 Revised 2/10/2017 HEX 3/09/2017 simultaneously with, the construction of any boathouse or covered dock structure. Criterion met. The Applicant has stated that the boathouse "shingles to match existing home". 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Criterion met. The location and open sides minimize visual impact to the greatest practical extent; the applicant does not hinder neighboring view sheds. The application meets all boathouse criteria required by the LDC. APPEAL OF BOAT BOATHOUSE ESTABLISHMENT TO BOARD OF COUNTY COMMISSION: As to any boathouse petition upon which the HEX takes action, an aggrieved petitioner, or adversely affected property owner, may appeal such final action to the Board of County Commissioners. Such appeal shall be filed with the Growth Management Department Administrator within 30 days of the Decision by the HEX. In the event that the petition has been approved by the HEX, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. COUNTY ATTORNEY OFFICE REVIEW The County Attorney's office reviewed this Staff Report on 2/27/17. STAFF RECOMMENDATION: Based on the above findings, Staff recommends that the Hearing Examiner approve Petition BD-PL20160000357. ATTACHMENT: 1. Application BD-PL20160000357—Whalen Boathouse Page 6 of 7 Revised 2/10/2017 HEX 3/09/2017 REVIEWED BY: 1%4/%4. °S,A,t4, 0 "" ( RACHEL BEASLEY, PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE ZONINGDIVISION APPROVED BY: MIKE BOS1, AICP, DIRECTOR DATE ZONING DIVISION BD-PL20160000357—Whalen Boathouse Page 7 of 7 Revised 2/10/2017 HEX 3/09/2017 CAPr County . COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Application Meeting Notes Petition Type: le i) "-i 13 00—t > "P4' '- DateandTime: 2i/4iJ(p 1=3o- 2%30 654.2C Assigned Planner: —R,4 c t-L( 15 eCi.S ekl Engineering Manager(for PPL's and FP's): Project Information Project Name: ( 3 bASILA, 6 oc.A, --, at-0: t-t PL#: 2o1 (0pow 35 R s F- -t Property ID#: 2 '1$i 11 0 00 t Current Zoning: 1 Project Address: 1-4-c) 2City: o. . : State: FL Zip: Applicant: • !r:.n= �a+w�.= rr - .i A • '" r"aE+�"r ,Z35- Agent Name:_ -••: _.: - • . one: 23°1 -33q -Iota (ccik J y-.i- ilk ,-...www;.- • 359$ Mk Agent/Fk -Atldr- s: f,__ . .,' 1 t� . State: - i•: k kotik.1T Property Owner: may/ • 1 ''',. (el* Please provide the following, if applicable: o L,JA ' i. Total Acreage: x . 15 t,A^gy\ p Ux�` ii. Proposed#of Residential Units: OI 1 iii. Proposed Commercial Square Footage: Pi ` IN- rf iv. For Amendments, indicate the original petition number: #r v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: N/A-- vi. "vi. If the project is within a Plat, provide the name and AR#/PL#: f/ Pt- III Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension Boathouse Chapter 3 B.of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 Signed and Sealed Survey © ® ❑ Chart of Site Waterway [r Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall, or rip-rap revetment); • Configuration,location,and dimensions of existing and proposed 6 • facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization,signed and notarized 1 Completed Addressing Checklist 1 ® ❑ Electronic copy of all required documents *Please advise:The Office of the Hearing Examiner requires all materials 1 (s ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 Page 6 of 7 Co • COLUER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ ' Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam 0 Graphics:Mariam Ocheltree City of Naples:Robin Singer,Planning Director ❑ Historical Review ri Comprehensive Planning:See Pre-Application Meeting Sign fn Sheet ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad ❑ County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford ❑ Transportation Planning:John Podczerwinsky ❑ Other: ❑ Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: I_: Boat Dock Extension Petition:$1,500.00 I I Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 L An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. • As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Signature of Petitioner or Agent Date • 6/3/2014 Page 7 of 7 9ry COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 Meeting Notes L° a A d .4.4.a,.N W i 41:a 4-10111-1 r 1 .45."5 .' (-AC WA n9.c CP11 Ot 9jC<ILAAI"‘"...11 , 4-0 1,,2_ IS -C f- . -C-r }r„, 0 c > a QR - ,vit4 SAO q 3E9 ' s- ( t)- s ed 3. OS 0 • 3 4 - S. 04 - Ott F r o c,.A o .t.Se L - t eva-lop - Co ( 1.-6c- ` 1 c c<Se r u-. -) - 01.0-LA.".11.-e) ..1h. S - 0 '*S, Q Cn _IS 4),,e, O � l PA.".o o o e • SITE DEVELOPMENT REVIEW TYPES ARC-Alternative Architectural Design $ 150.00 ASV-Administrative Sign Variance $ 50.00 • AVA-Administrative Variance $ 140.00 - CARN-Carnival/Circus Permit $ 100.00 I CNST-Construction Plans $ 100.00 I CSP-Conceptual Site Plan $ 75.00 CU-Conditional Use $ 150.00 CUE-Conditional Use Extension $ 50,00 DOA-Development Order Amendment $ 120.00 DRI-Development of Regional Impact $ 200.00 DRIA-Development Order Abandonment No Charge ICP-Insubstantial Change to Construction Plan $ 100.00 LOCA-Land Development Code Amendment $ 150.00 MUP-Mixed Use Project $ 200.00 MUPD-Mixed Use Project Deviation $ 150.00 NPSP-Neighborhood Park Site plan $ 50.00 NUA-Non-conforming Use Alteration $ 100.00 NUC-Non-Conforming Use Change $ 100.00 PDI-PUD Insubstantial Change $ 100.00 PMC-PUD Minor Change $ 50.00 PNC-Project Name Change $ 65.00 PPL-Plans and Plat Construction $ 100.00 PPLA-Plans and Plat Construction Amendment $ 50.00 PREP-Pre-Application Meeting $ 75.00 PREQ-Pre-Acquisition Meeting $ 75.00 PSP-Preliminary Subdivision Plat $ 150.00 1 • PSPA-Preliminary Subdivision Plat Amendment $ 100.00 PUDA-Planned Unit Development Amendment $ 125.00 PUDR-PUD to PUD Rezone $ 125.00 PUDS-PUD Sunsetting $ 50.00 PUDZ-Planned Unit Development $ 150,00 RZ-Rezone $ 100.00 SEDC-School Board Determination of Completeness No Charge SBR-School Board Review No Charge SBRI -School Board Review Insubstantial Change No Charge SDP-Site Development Plan $ 200.00 SOPA-Site Development Plan Amendment $ 150.00 SDPI -Insubstantial Change to SDP $ 100.00 SIP-Site Improvement Plan $ 150.00 SIPI -Insubstantial Change to SIP $ 100.00 SNNP-Street Name Change Unplatted $ 65.00 SNR-Street Name Change $ 65.00 SRA-Stewardship Receiving Area $ 1,000.00 SRAA-Stewardship Receiving Area Amendment $ 300.00 SRDC -Stewardship Receiving Area Determination of Completeness $ 150.00 1 SRDD-Stewardship Receiving Area Alternative Deviation Design $ 150.00 SV-Sign Variance $ 50.00 TU -Temporary User Permits $ 100.00 UDP-Unified Development Plan $ 150.00 VA-Variance $ 100.00 VAC-Vacate $ 100.00 `�5("- VOS -TRKG 3l" ()t 0 -- 41 lao • With respect to all Site,Development review types,the Fire Code Official or his designated representative retains the right to make an initial determination as to whether the proposed scope of work impacts fire codes and therefore,whether a review is necessary or unnecessary. If deemed unnecessary,a minimum fee of$30.00 will be collected for administrative processing of the request. Co er County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 Pre-Appticatian Meeting Sign-(n Sheet P1#t ITT" Sotto 0000351 Collier County Contact Information: Name Review Discipline Phone Email El Richard Anderson Environmental Specialist 252-2483 richardanderson@colliergov.net rdanderson@colliergov:nef 1 [Ti David Anthony Environmental Review 252-2497 davidanthony@colliergov.net Li Summer Araque Environmental Review 252-6290 summerbrownaraque@colliergov.net ❑ Steve Baluch,P.E. Transportation Planning ` 252-2361 Stephen8aluch@colliergov.net ''l Laurie Beard Transportation Pathways 252-5782 _ lauriebeard@colliergov.net 4s Rachel Beasley Planner 252-8202 rachelbeasley@colliergov.net 11 Marcus Berman County Surveyor 252-6885 Marcus8erman@colliergov.net Ll Madelin Bunster Architectural Review 252-8523 madelinbunster@colliergov.net 1 Mark Burtchin ROW Permitting 252-5165 markburtchin@colliergov.net Ci George Cascio Utility Billing 252-5543 georgecascio@colliergov.net 1l, Heidi Ashton Cicko Managing Asst.County Attorney 252-8773 heidiashton@colliergov.net • [Ti Sue Faulkner Comprehensive Planning , 252-5715 suefaulkner@colllerrov.net r} Eric Fey,P.E. Site Plans Reviewer 252-2434 ericfey@colliergov.net iI Paula Fleishman Impact Fee Administration 252-2924 paulafleishman@colllergov.net T i Nancy Gundlach,AICP,PIA Zoning Services 252-2484 nancygundlach@colliergov.net i.i Shar Hingson East Naples Fire District 687-5650 shingson@ccfco.org 1.J John Houldsworth Engineering Services 252-5757 johnhouldsworth@colliergov.net ri Jodi Hughes Transportation Pathways 252-5744 jodihughes@colliergov.net i Alicia Humphries Site Plans Reviewer/ROW 252-2326 aliciahumphries@colliergov.net t.. Eric Johnson,AICP,CFM Zoning Services 252-2931 ericjohnson@colliergov.net El Marcia Kendall Comprehensive Planning 252-2387 marciakendall@colliergov.net . Stephen Lenberger Environmental Review 252-2915 stevelenberger@colliergov.net CI Paulo Martins Utilities 252-4285 paulomartins@colliergov.net _ I 1 Thomas Mastroberto Fire Safety 252-7348 Thomasmastroberto@colliergov.net Jack McKenna,P.E. Engineering Services 252-2911 jackmckenna@colliergov.net Matt McLean,P.E. Principal Project Manager 252-8279 matthewmclean@colliergov.net I Gilbert Moncivaiz Utility Impact Fees 252-4215 gilbertmoncivaiz@colliergov.net _ Annis Moxam Addressing 252-5519 annismoxam@colliergov.net s Stefanie Nawrocki Planning and Zoning 252-2313 StefanieNawrocki@colliergov.net '. Mariam Ocheltree Graphics , 252-2315 mariamocheltree@colliergov.net IT Brandy Otero , Transit 252-5859 brandyotero@colliergov.net . CojPejcojnty • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 11 Brandi Pollard Utility Impact fees 252-6237 brandipollard@coliiergov.net 'fib Fred Reischl,MCP Zoning Services 252-4211 fredreischl@colliergov.net .ri Stacy Revay Transportation Pathways 252-5677 stacyrevay@colliergov.net .i Brett Rosenblum,P.E. Utility Plan Review 252-2905 brettrosenblum@colliergov.net El Michael Sawyer ( Zoning Services 252-2926 michaelsawyer@colliergov.net 1 El Corby Schmidt,AICP Comprehensive Planning 252-2944 corbyschmidt@colliergov.net !..i Chris Scott,AICP i Planning and Zoning 252-2460 _chrisscott@colliergov.net Daniel Smith,AICP Landscape Review 252-4312 danielsmith@colliergov.net 1. Ellen Summers Planning and Zoning 252-1032 EllenSummers@colliergov.net "5( Scott Stone Assistant County Attorney 252-8400 scottstone@colliergov.net fel Mark Strain Hearing Examiner/CCPC 252-4446 markstrain@colliergov.net 11 KrisVanl.engen Utility Planning 252-5366 krisvaniengen@colliergov.net Jon Walsh Building Review 252-2962 jonathanwaish@colliergov.net 1 David Weeks,AICP Future Land Use Consistency 252-2306 davidweeks@colliergov.net E Kirsten Wilkie Environmental Review 252-5518 kirstenwiikie@coiliergov.net 111 Christine Willoughby Planning and Zoning 252-5748 _ ChristineWilloughby@colliergov.net • Additional Attendee Contact Information: Name Representing Phone Email 0&,),A/,/1... Z3�—F(lS-f 21'1wi+ktt,vP u�'C l 7(c -, Vivicerr1-1--<- Co-,icrc.CA'.› - a14-`671 - 0417 %lc(e 35",Mgr,� . cu,.._ I 1 1 lig _ • i BeasleyRachel Subject: Pre-App: PL20160000357(BDE) • Location: Conference Roon"C" Start: Wed 2/24/2016 1:30 PM End: Wed 2/24/2016 2:30 PM Recurrence: (none) Meeting Status: Accepted Organizer: CDS-C Required Attendees: Smith Daniel; vince@dsimarine.com; AhmadVicky;AlcornChris;Amy Lockhart-Taylor (lockha@collierschools.com); AndersonRichard; AnthonyDavid; AppersonAnjuli; ArnoldMichelle;AshtonHeidi;AuclairClaudine; BaluchStephen; BealsNathan; BeardLaurie; BeasleyRachel; BrethauerPaula; BrownAraqueSummer; BurtchinMark; CascioGeorge; CondominaDanny; CromerAaron; David Ogilvie; dfey@northcollierfire.com; FaulknerSue; FeyEric; FleishmanPaula; GundlachNancy; HouldsworthJohn; HughesJodi; HumphriesAlicia; JacobLisa;jnageond@sfwmd.gov; JohnsonEric; KendallMarcia; KurtzGerald; Larry.Alewine@stantec.com; LenbergerSteve; LevyMichael; (martin@sfwmd.gov; MartinezOscar; MastrobertoThomas; McCaughtryMary; McKennaJack; McKuenElly; McLean Matthew; MoscaMichele; MoxamAnnis; NawrockiStefanie; PajerCraig; PancakeBill; PattersonAmy; PepinEmily; pjimenez@sfwmd.gov; ReischlFred; RosenblumBrett; SawyerMichael; ScottChris; Shar Hingson; ShawinskyPeter; Shawn Hanson; SheaBarbara; SmithNatalie; StoneScott; StrainMark; SuleckiAlexandra; TempletonMark; VanLengenKris; WalshJonathan; WeeksDavid; WilloughbyChristine Planner: RACHEL BEASLEY # Fire: EAST NAPLES • _ ?\ - pre 0-PP _ fr • 0/a4,*A xxw: t kked►,&M41 ^, T 0 IL w,„) i . 40 Search for Parcels by " le Soars*Results J _ M «;1.1 „_?': ft▪eiFtlN�ho%170 Y UM a ::„:„„:1:,,, ,i,Lil * ii a • tgMllhft4 .r,” , , '' > Cl ,,,,„...7„:4 a: , o 14,7 it upped } a t �iiivzi, 14 s d k is Mom•Paps ' ' , � ,„ ,$ E aR ,x ', x+ 4 -.:� K fi : . ,', :‘ V 1. m 1 , x* j . , 'n, 4.a '' :�;d p ` `” °' , ' ate, i,#. ; ..;� .ze :�+ 3;yu wwor MwMr+ynY J+r+rry YAR•apt,•oost-, Reference Number: HH20160001125 el /1 x(C) d' of 1S C- Li Project Type: Boat Dock Extension 43 �, 1 Project Description: Build new dock and boat house , r Existing Application Name:Whalen 1792 Holiday LN Meeting Type: Pre-Application Meeting ► 01 Com'S 44' Location: 1792 Holiday Ln, Naples, FL, 34104, Parcel Number: 24981120001 �� Full Name:Vince Forte 0 b\\,‘ Email:vince@dsimarine.com P Company Name: DSI General Contractors �/ 0559 Fourth St 1 U � Fort Myers, FL 33901 I o� Mc`P L 2 Representing: Mike Whalen Contact Number:Cell:239-339-7080 Contact Number: Work:239-471-3998 • 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. • • 3 e. 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I ^ . 9,-10 201 10-09-01; .it 90 11219,11,0,0110 90-9-1 1 • .' 90-10'2910 001 x1-1,2 90.110.00 001 91,9C,O< L• 9� N- 133,1S - 3NId 0 99-10 199-n-1-I010 b�-11 I• 91-10 011YY-10b .-1 �' - . . i , al„)w ._ toa) -no 9,99 el-a-M iZ-1 j i M 3NV1 ASSV81113 (• r-9a 1-92-a9 SO-2-ll u '1Z.:1a a-s-o1 <l r 4 mei I Zeaim Z! `Q� I« -1-1- l.In .I r j 01-1 1-09-03 N-LZ� I 11 (013) 19 K-Oe-Y 9-1-1 101-09 1-aa-tl 1-91-ZI I m MK-LLL.Ol • 2-911-110 CI ii �ee�� 3NV1 Wn130 ( r -' S - um a e♦1 s.0,bauawloa f®�+ ]-t-39-14 01-92-9 C 901 OMW! i- 4 3N91 IY1V„ •- n . ,. n r. 1 1 ) � O • 03NV1 NOZ182V8 , R8 .; iF U1� �6. AVM HNVd ©©®®©��Rd� 111116 •n.nsa9 • 3� S . T J 3,-2400,8 .1 0 I • AWN 3NISV11 A e® 1111 V x Q ' • ® ® i • Em ` m AAl. 333Alt- EB® O • •. • MKimx o1O a3Nd01SNJ • IIIN Z pcvt ? v, aq adI � . • r . 7 E o 14 NI r s SC I- ! I '� ••• �”. eld A3,3l33f ®® Q U 8 Z c I ©e� lir 11111 �� ! TI I-w a 36g G:R4xR e Z a 7404111111"'""' �� O Q « a << v o p • N�� U v a .i 290 • et ! o 0 i Oo z z e • i 1 • �►AV ®©� ! 1 I e ' a '-'--"'-'-'-'-'--'-+. 53levN 30 1.113 i 11 ..•— i tlR$fl« i 1 i=ylfi • a g f ggis Page 1 of 1 Collier County Property Appraiser Property SummaryIII Parcel No. 24981120001 ' Site Adr.;1792 HOLIDAY LN . .. _............... Name/Address •WHALEN, MICHAEL J ;1792 HOLIDAY LN City NAPLES State•FL Zip i 34104-4221 Map No. Strap No Section " Township Range i Acres *Estimated 5A02 202300 F 45A02 2 5025 i 0.19 Legal BROOKSIDE UNIT 3 PLAT 2 BLK F LOT 4 OR 2081 PG 1352 Millage Area O 85 Millage Rates i *Calculations • Sub./Condo I 202300-BROOKSIDE UNIT 3 PLAT 2 !; School I Other Total Use Code 0 '1-SINGLE FAMILY RESIDENTIAL 5.48 6.1927 I 11.6727 Latest Sales History 2015 Certified Tax Roll • (Not all Sales are listed due to Confidentiality) (Subject to Change) Date ' Book Page Amount ! Land Value $164,466; • ____0_7124195______L_208171352. 0 � (+) Improved Value $260,353', 02/01/92 1655-502 $0 1.. (_) Market Value 08/01/91 1641-2276 ; $0 • $424 819 (-) Save our Home $93,021 06/01/87 I 1278-1195 $0 ; . _. __.- ---._. (=) Assessed Value $331,798 t (-) Homestead { $25,000 (=) School Taxable Value i $306,798 (-) Additional Homestead j $25,000 (_) Taxable Value $281,798 If all Values shown above equal 0 this parcel was created after the Final Tax Roll • http://www.collierappraiser.com/main_searchhecorddetail.html?FolioNum=24981120001 2/24/2016 Details Page 1 of 1 Print Tax Bills Change of Address J , I l i Property Summary Property Detail Aerial Sketches Trim Notices i _._ 1. ( f l( 1 Parcel No. i 24981120001 Site Adr. 1792 HOLIDAY LN Name/Address WHALEN, MICHAEL J 1,000?,:ip,,,,, 1792 HOLIDAY LN i .d City 'NAPLES State FL Zip 34104-4221 Permits Tax Yr Issuer Permit# CO Date ' Tmp CO Final Bldg 1 Type 1965 COUNTY 65-624 t. 1993 COUNTY I 92-14543 : POOL 11993 COUNTY 92-9751 1 06/25/93 1 ; ADDITION 2002 i COUNTY 0009-1609 ADDITION { 2008 1 COUNTY 0708-0709 11/16/07 SCREEN • ENCLOSURE ... 2009 COUNTY 0801-0554 ; 04/18/08 SCREEN j �_.__.__.. - ___.... � I. ENCLOSURE__, Land Building/Extra Features v # Calc Cede 1 Units +. 1 n......._.:__ I Year R___ 7 A..: A._.. • http://www.collierappraiser.com/main search/recorddetail.html?FolioNum=24981120001 2/24/2016 Cotiber County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION APPLICATION AND SUBMITTAL INSTRUCTIONS EDC Section 5.03.06 Chapter 3 B.of the Administrative Code The following information is intended to guide the applicant through the application and public hearing process for a Dock Facility Extension or Boathouse Establishment Petition. Prior to submitting the Dock Facility Extension or Boathouse Establishment Petition application, the applicant shall attend a pre-application meeting to determine if a dock facility extension or boathouse establishment is available and to discuss the location, length/protrusion, and configuration of the proposed boat dock facility. The pre-application fee is $500.00 and will be credited toward application fee upon submittal. If the application is not submitted within 9 months of the pre-application meeting the pre-app fee will be forfeited and will not be credited toward the application fee. In order for the application to be processed,all accompanying materials(see attached submittal checklist) shall be completed and submitted with the application.The application fee for a Dock Facility Extension or Boathouse Establishment is $1,500.00, plus $925.00 for required legal • advertising. After submission of the completed application packet, accompanied with the required fees, the applicant will receive a response notifying that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., BDE- PL20120000000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Pursuant to the LDC and the Administrative Code, several public notice requirements shall be completed within the required time frames. The Planning and Zoning Department will provide, at the cost of the applicant, legal notification to surrounding property owners within 500 feet of the subject property and newspaper advertisement (required 15 days prior to the advertised Hearing Examiner hearing date). The applicant will be notified by email of the hearing date and will receive a copy of the Staff Report. It is recommended, but not required, that the applicant or the agent attend the Hearing Examiner hearing. Please contact the Growth Management Division at 252-2400 for further assistance completing this application. 6/3/2014 Page 1 of 7 • Goer County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION LOC Section 5.03.06 Ch. 3 B. of the Administrative Code THIS PETITION IS FOR(check one): ❑ DOCK EXTENSION Q BOATHOUSE PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED A7ni_ICANT INFORMATION Applicant(s): Michael J. Whalen Address: 1792 Holiday Lane City: Naples State: FL ZIP: 34104 Telephone: Cell: 239-8254203 Fax: 239449-0412• E-Mail Address: Mikew@nec247.com Name of Agent: Firm: Address: City: State: ZIP: Telephone: Cell: Fax: E-Mail Address: PROPERTY LOCATION Section/Township/Range: 2 /50 /25 Property I.D. Number: 24981120001 Subdivision: Brookside Unit: 3 Lot: 4 Block: F Address/General Location of Subject Property: 1792 Holiday Lane Current Zoning and Land use of Subject Property: RSF -4 , Single Family Residential BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/3/2014 Page 2 of 7 Cofer County • COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov_net (239)252-2400 FAX:(239)252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N Municipal Vacant land/ mangroves/ Airport 5 RSF -4 Single family residential E RSF- 4 Single family residential W RSF - 41 Single family residential DESCRIPTION OF PROJECT Narrative description of project(indicate extent of work,new dock,replacement,addition to existing facility,any other pertinent information): Remove existing boat dock,build new boat dock with boat lift and build boat house SITE INFORMATION 1. Waterway Width: • varies ft. Measurement from[]plat Q survey ❑visual estimate other(specify) 66.8 2. Total Property Water Frontage: 85 ft. 3. Setbacks: Provided: 15 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 17.4 ft. 5. Number and Length of Vessels to use Facility: 1. 30 ft. 2. ft. 3. ft. 6. List any additional dock facilities in close proximity to the subject property and indicate the total protrusion into the waterway of each: south neighbor dock protrudes 10'into waterway and is 41 feet away from proposed docS 7. Signs are required to be posted for all petitions. On properties that are 1 acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? .19 Acres 8. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑Yes Q No If yes, please provide copies. 6/3/2014 Page 3 of 7 • 9 er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate;typical, single-family use should be no more than two slips;typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide(MLT). (The petitioner's application and survey should show that the water depth • is too shallow to allow launch and mooring of the vessel(s)described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) • 6/3/2014 Page 4 of 7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement,shoreline configuration, mangrove growth,or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.06 I must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of • LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) • 6/3/2014 Page 5 of 7 Co er County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (239)252-2400 FAX:(239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension 20 Boathouse Chapter 3 B. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW COPIES REQUIRED REQUIRED Completed Application(download current form from County website) 6 0 Signed and Sealed Survey (� ❑ Chart of Site Waterway /1 ❑ Site Plan Illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank,seawall,or rip-rap revetment); • • Configuration,location,and dimensions of existing and proposed 6 [ ❑ facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Affidavit of Authorization, signed and notarized 1 ❑ Completed Addressing Checklist 1 Q ❑ Electronic copy of all required documents •Please advise:The Office of the Hearing Examiner requires all materials 1 ❑ to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. • 6/3/2014 Page 6 of 7 Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 PLANNERS—INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: 1 ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application Executive Director Meeting Sign-In Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director 0 Historical Review ❑ Comprehensive Planning:See Pre-Application 0 Immokalee Water/Sewer District: _ Meeting Sign-In Sheet HConservancy of SWFL:Nichole Ryan _ma Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey Revay ❑ Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Heartlock ❑ Engineering:Alison Bradford [] Transportation Planning:John Podczerwinsky ❑ Other: 0 Utilities Engineering:Kris VanLengen FEE REQUIREMENTS: f Boat Dock Extension Petition:$1,500.00 -Estimated Legal Advertising fee for the Office of the Hearing Examiner:$925.00 An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. • As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. / ;�1�L k4 �.t,..Q c_24.44 1e Signature of Petitioner or Agent Date • 6/3/2014 Page 7 of 7 • AFFIDAVIT OF AUTHORIZATION • FOR PETITION NUMBERS(S) I, P4 i C(4t.( T (Ai ket Le.i (print name), as 0 Lower (title,if applicable)of (company, If a licable),swear or affirm under oath,that I am the(choose one)owner[applicantjcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize N/A to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(Li.C.) or Limited Company(L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee': • • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. c,,Lp / 2,6,1 t4 Ignature Da STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn/ to (or affirmed)and subscribed before me on /0-it; -i b (date)by C 44,40/ pv,,,it(. 6-AC b l eo (name of person providing oath oraffirmation), as who is personally known to me or who has produced , . (type of identification)as identification. 111011P STAMP/SEAL u.'(�p`''' Ignature of Notary P • lc Ot�JIC:14, RENAI.D PAUL r ,Uy COMMISSION#FF t28383 * EXPIRES:June 2,2018 • `'!f„,4,nal %Mod Ito WS NOW Sin" CP\08-COA-001 15\155 RE\ 3/2.1114 Chir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE • GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting,please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) O BD(Boat Dock Extension) ❑ SDPA(SDP Amendment) ❑ Carnival/Circus Permit 0 SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) O EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) ❑ LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) ❑ TDR(Transfer of Development Rights) ❑ PPL(Plans&Plat Review) ❑ VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) 04 OTHER I3 o R st eto u • LEGAL DESCRIPTION of subject.property or properties(copy of lengthy description may be attached) RI 00 N( 4. 3 PLAT 2 gC K f~ Lor if a2 2ô ( 1y FOLIO(Property ID)NUMBER(s)of above(attach to, or associate with, legal description if more than one) . ne 2 --r-s-4 2, /)--i-f Qg it 2-606 I STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 1 ! 2- 140 (jci icvue • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) 13 0 PROPOSED PROJECT NAME(if applicable) t,..)( _ck(1? ( U 4 T i t PROPOSED STREET NAMES(if applicable) 0712_ o l eA cl ( 6p SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) • SDP - or AR or PL# Cott County • COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in,condominium documents(if application; indicate whether proposed or existing) Please Return Approved Checklist By: ❑ Email ❑ Fax { Personally picked up Applicant Name: Phone: Email/Fax: Signature on Addressing Checklist does not constitute Project and/or Street Name • approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number ZLf Z000 l Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: __/ fliDate: 130 i Updated by: Date: • IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Boathouse Criteria: • Pursuant to Section 5.03.06 F of the LDC, boathouses, including any roofed structure built on a dock, shall be reviewed by the HEX according to the following criteria, all of which must be met in order for the HEX to approve the request: 1. Minimum side setback requirement: Fifteen feet. Criterion met. The south side of the dock, on the south side of the house where the boathouse is proposed, provides a setback of 15 feet from the south riparian line; the north side of the dock, on the north side of the house where the boathouse is proposed, provides a setback of 15 feet from the north riparian line. See attachment 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. Criterion met. The protrusion is 17.4 feet from the property line. Twenty-five percent of the canal width of the south side is 69.55 feet, so the maximum protrusion here is 17.4 feet. The roof overhang depicted in the attachment is 2.5 feet. See attachment 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive,to the peak or highest elevation of the roof. Criterion met. The maximum proposed actual height is 15 feet above the top of the • seawall. See attachment 4. Maximum number of boathouses or covered structures per site: One. Criterion met. The Applicant is requesting one boathouse, and there are no others on site. 5. All boathouses and covered structures shall be completely open on all 4 sides. Criterion met. The application indicates a boathouse open on all four sides. See attachment. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style.A single- family dwelling unit must be constructed on the subject lot prior to,or simultaneously with,the construction of any boathouse or covered dock structure. Criterion met. Proposed boathouse design states"shingles to match existing home" 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Criterion met. The location and open sides minimize visual impact to the greatest practical extent; the applicant does not hinder neighboring views from the south riparian line to the north riparian line 4110 Primary Criteria • Narrative Response 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands,where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,additional slips may be appropriate.) APPLICANT- The prosed Boat house is designed to accommodate 1 vessel at this single family home site.This meets the county and slate requirements for the number of slips allowed. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s)described without an extension.) APPLICANT-The 28' boat has a draft of approx. 1.5 feet. The proposed boat dock with boat lift and boat house location prohibits ingress or egress at mean low tide. The owner acknowledges that the boat will only be able to be used when the tide is at medium or higher tides. 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) • APPLICANT-Proposed dock and boat house will not have adverse impact as there are no charted navigable markers surrounding this site at the mouth of Rock Creek. 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) APPLICANT- Proposed dock boat with boat house protrudes 17.4 feet which is less than 25%of the most restrictive southern side width of the canal, 50% of width is maintained for navigability. See site plan attached. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.)APPLICANT- Proposed dock is 41' away from southern neighbor and more than that to the north neighbor.See site plan attached. • • • SECONDARY CRITERIA Narrative response Whether or not there are special conditions,not involving water depth,related to the subject property or waterway,which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property;these may include type of shoreline reinforcement, shoreline configuration,mangrove growth,or seagrass beds.) APPLICANT—The area directly under the boat house is the shallowest area in the mouth of the canal. Owner has lived at this address for 45 yrs.and has seen numerous boat motors hit the rocky bottom In this area nearer his seawall. The proposed boat house would act as more of a channel marker I barrier by making boats stay in the middle of the canal. 1. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance,without the use of excessive deck area not directly related to these functions.(The facility should not use excessive deck area.) APPLICANT—The boat dock,lift and boat house are designed and configured to provide safe access to the boat under the boat house. 2. For single-family dock facilities,whether or not the length of the vessel or vessels in combination,described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) • APPLICANT — Does not exceed. Vessel Is 30' & water frontage is 85'. Only 35% of linear • waterfront footage is utilized. 3. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.)APPLICANT—No impact on either neighbors view 4. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present,compliance with LDC subsection 5.03.061 must be demonstrated.) APPLICANT—No sea grass beds present 5. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.li. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) APPLICANT —The proposed boathouse and dock is for a single family home and thus not subject to • manatee protection requirements. • 1 § ill • 0. m N a e.! y 6• al 3F L^ m 0-030,Z 2 • ' . o 1 14, 7. .. g --• -,ogww pp • v al.. Ird). ~ ^: (y, P1_, T\ _...,d �\ W< 14i0 P < 78 NNW m8VW t op � V R•t''' rip 1, wmu \ 11L uot iti _J J , t - ,.4" I 1, 1 8.—VI t __ 1.. fNP 11. 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IiiihiPIA0 1 11 -__ _=! 4 I Ili g# if J114ie - • __ 4 o :4.11 � 1 - 49 iH3#h /, i -z _ Y -- -l;- \_ XLH — -''tl i % th kimii iimmini'\ 1 h IffeA imil 11. 5z i 8 1d 1 'l f- 1141 Lr' or WA 7 a� 1 /.1. . li • ! Jig9 o pp II ACJ x A • MIKE WHALEN 1792 HOLIDAY LANE NAPLES,FL 34104 SUBMERGED RESOURCE SURVEY SEPTEMBER 2016 li PREPARED BY: TURRELL,HALL&ASSOCIATES,INC 3584 EXCHANGE AVENUE,STE B NAPLES,FL 34104 I • 1792 HOLIDAY LANE SUBMERGED RESOURCE SURVEY SEPTEMBER 2016 • 1.0 INTRODUCTION At the request of Michael J. Whalen (owner), Turrell, Hall & Associates, Inc. (THA) conducted a submerged resource survey at 1792 Holiday Lane, Naples, Florida 34104 (folio #24981120001). The property is located on a man-made canal off of Rock Creek in Naples, immediately south of the Naples Municipal Airport. The property is located in Section 2, Township 50 South, and Range 25 East. The upland portion of the property consists of a single family home. Turrell, Hall & Associates, Inc. (THA), was contracted to provide environmental permitting services and one aspect is the associated Submerged Resource Survey (SRS). This survey will provide planning and review assistance to both owners and agency reviewers in regards to any proposed project. The SRS survey was conducted on September 9, 2016. Light winds and partly cloudy skies resulted in good underwater visibility that ranged from 12-18 inches. Surface water conditions on this day were relatively calm which also helped to provide fair environmental conditions for the survey. The water temperature was 84°F. Low tide occurred at 2:20 P.M (0.8') and high tide occurred at 6:54 A.M (2.6') on the date of the survey. 2.0 OBJECTIVE • The objective of the submerged resource survey was to identify and locate any existing submerged vegetation or other natural resources within 200' of the subject location. The survey provided onsite environmental information to help determine if a proposed project would impact any existing submerged resources. The general scope of work performed at the site is summarized below. THA personnel conducted a site visit and snorkeled transects within the vicinity of the subject property and verified the location of any submerged resources. • THA personnel identified submerged resources at the site, estimated the % of coverage, and delineated the approximate limits of any submerged resources observed. • THA personnel delineated limits via a handheld GPS (Garmin Model 78C). 3.0 METHODOLOGY THA biologists intentionally designed the methodology of the SRS to cover the entire property shoreline. The components for this survey included: • Review of past permits and surveys completed to determine extents of any previously located submerged resources • Page 1 of 5 1792 HOLIDAY LANE SUBMERGED RESOURCE SURVEY SEPTEMBER 2016 • Review of aerial photography of survey area • Establish survey transects lines overlaid onto aerials • Physically swim transects, GPS locate limits of submerged resources, and determine approximate percent of coverage • Document and photograph all findings The surveyed area was evaluated systematically by following the established transects spaced approximately 10-feet apart within the man-made canal as shown on the attached exhibit. Since the majority of the surveyed area was in and around the existing docking facility this provided easily identifiable reference markers, which assisted in locating the transects and keeping them consistent throughout most of the survey areas. One biologist swam these transects using snorkel equipment throughout the entire surveyed area. The other individual stayed on the shoreline and assisted with compiling notes and documenting findings on aerials. Submerged resources were located, photographed, and documented. The biologists used a half meter square quadrant further broken into sections by cordage to make coverage estimates easier. Random placements of the quadrate were done within observed seagrass beds and the individual results were compiled into an average estimated coverage for the beds. The findings are shown on the • attached exhibit. • 4.0 RESULTS The substrate found within the surveyed areas is sandy muck with some shell debris. This substrate was found throughout all surveyed areas. There were scattered clumps of oyster debris within the survey area, however there were no living shells. There were barnacles located on the existing seawall,however they were scarce. There is significant freshwater input from upstream on the Gordon River which has an effect on the growth of shellfish and barnacles. Also observed were numerous fish species during the survey and a list of these species has been prepared and is provided below as Table 1. Table 1 —Observed Fish Species Common Name Scientific Name sheepshead Archosargus probatocephalus striped mullet Mugil cephalus mangrove snapper Lu Janus griseus The majority of the survey area exhibited the sandy muck bottom that did not have • significant submerged resources. There was some marine brown algae layered on the substrate in spots. The lack of submerged resources is most likely due to the overall Page 2 of 5 1792 HOLIDAY LANE SUBMERGED RESOURCE SURVEY SEPTEMBER 2016 water quality within the man-made canal,the freshwater input from the Golden Gate Canal further up the Gordon River,as well as the loose nature of the substrate. Seagrasses generally require a sandier substrate and more salinity to recruit and persist. 5.0 CONCLUSIONS The submerged resource survey at the site yielded few findings. Barnacles were observed growing on the existing seawall, however they were sparse. Marine brown algae was observed matted on the substrate, likely due to a lack of water movement and water quality. Shell debris observed was not living. Negative impacts to submerged resources are not expected at this site. • • Page 3 of 5 1792 HOLIDSEPTEMBAY LANE 2U l6 SUBMERGED RESOURCE SURERVEY �^.� � � :� s� ," � , yt"', fit --F ^• +j,r C ..e..„_ . rNy^a .� 'e iti‘.t*.‘,. ..i. z.„.„,.,....,.. ,_____...,.= ,,,,...._,,:..._ .. , .., . . . . .:,..... ....:, . ... . . . . ,, . . .„„,, , , , ,,,,,,.,r.,..4....„;. .,..„...._ ...,..„6„,„„. ..,..... ._ , . ..,,.. , ,,,...,„ '.4.„;‘ , Existing Seawall shoreline with scattered shell& oyster debris • . -o--; !� ID r. • • ., x' • Silt sand substrate throughout surveyed"area Page 4 of 5 1792 HOLIDAY LANE SUBMERGED RESOURCE SURVEY SEPTEMBER 2016 • A • • • • • • • • �.ryF • +s' � •�, a � r j�,• es r3 r i • Scattered oyster debris • Page 5 of 5 .... " r• � a ..,,,,..,1/44,, c , 34: - k ' r kgi 1 3. 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