HEX Final Decision 2017-12 HEX NO. 2017— 12
HEARING EXAMINER DECISION
PETITION NO. VA-PL20160002424 — Monica Calvert Hawn Revocable Living Trust
requests a variance from Section 4.02.01 A., Table 2.1 of the Land Development Code to
reduce the minimum rear yard setback line from 25 feet to 18.9 feet for a single family
house with a lanai that will be enclosed, on property located at Lot 4, Block H, Lakewood
Unit 1 subdivision, also described as 412 Marathon Court, approximately '/2 mile north of
Tamiami Trail East and just east of Lakewood Boulevard, in Section 13, Township 50
South, Range 25 East, Collier County, Florida.
DATE OF HEARING: April 27, 2017
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
Staff received four letters of support for this petition and no objections were received. No
members of the public attended the meeting in opposition to this request.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20160002424 filed by Tatiana Gust
of Elite Consulting of SWFL, on behalf of Michael and Monica Hawn, for a variance from LDC
Section 4.02.01.A., Table 2.1, to reduce the minimum rear yard setback line from 25 feet to 18.9
feet for a single-family home with enclosed lanai, on property located at 412 Marathon Court,
Naples, Florida, as shown in the Survey Sketch attached as Exhibit "A", and as subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A— Survey Sketch
LEGAL DESCRIPTION: Lot 4, Block H of Lakewood Unit No. 1, according to the Plat
thereof as recorded in Plat Book 12, Page 8, of the Public Records of Collier County, Florida.
[16-CPS-01609/1335024/1140 1 of2
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CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
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Date Mark train, Hearing Examiner
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Approed as to form and legality:
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____Ic)ir.
MOP
Scott A. Stone
Assistant County Attorney
[16-CPS-01609/1335024/1140 2 of 2
SURVECSKETCH OF BOUNDARY SURVEY THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP.
NOT FOR FENCE CONSTRUCTION NOTE THE INTENT OF THIS SURVEY IS FUR TITLE TRANSFER ONLY
N 1 /(TR CONSTRUCTION COPYRIGHT 2016,F.L.A. SLRVEYS CI&P.
NCI FUR DESIGN
PAGE 1 OF 3
PROVIDED BY CLIENT SEE REVERSE'STDE'FOP PAGE 3 ET 3 =x "A',
STREET
A„
STREET ADDRESS• Curve number 1T - w
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Radius= 50.00 LOT 5
412 MARATHON COURT H
NAPLES, FLORIDA Drlto= 49.22'46' BLOCK H 1 ro 10
Arc. 4349
Tangent. 22.99 SIR 14. )
Chord* 41.77 toTSET,
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WALKI SURVEY TIE LINE-
MARATHON
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EDGE OF PAVEMEN
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TOTAL AREA OF THE TWO PORTIONS OF THE - - ' '1`Sa\ •
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EXISTING STRUCTURE BEYOND THE PROVIDED + 1
25' REAR SETBACK LINE IS 52 SO. FT., MORE vim-�L P4VL'RS I i
OR LESS. Oco VAC ' 1 I
TOTAL AREA Or COVERED PORCH BEYOND THE LOT 3 I; •.,r
PROVIDED 25'REAR SETBACK LINE IS 2D SO. BLOCK H R,y,�
FT., MORE OR LESS. /.3j'�Qi `i. I
/ii; =PORTION or STRUCTURES BEYOND THE l rq\ ,.,..`,N1:711
•
•
'.,i, PROVIDED 25' REAR SETBACK LINE. -
THE HIGHEST PART OF THE WOOD DECK IS 4, i I
16'ABOVE THE ADJACENT GROUND. 25'REAR SETBACK LINE AS P'
PROVIDED BY CLIENT
Dig .--„,-,!;,,,,,1„.,..„-,-41.".11117,-,-. stR 1
L-rJ"• F.lay ;,d ORFSET I
s .cn—Leland F.
I+ Sard,O=FLA EASEMENT OVER EASTIIS'I
�T OF SEC. 13, PER OR. 4,
eys Corp, PG 685, 144K 12, 1961. (P)1
o Surveys, �, f h 0
em;. Dvey :, "' I
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c=US �"
CERTIFIED TO : Date:2017.01.25 1o
MICHAEL HA VN AND .4ONICA C. H7fl.4O:25-05'00' i ti
SCALE:I' = 30' 1
LEGAL DESCRIPTION : FIR 5/8' 1t
LOT 4, BLOCK H OF LAKEWOOD UNIT NO I, AD ID •6'
ACCORDING TO THE PLAT THEREOF AS RECORDED DRAINAGE ;I
IN PLAT BOOK 12, PAGE 8, OF THE PUBLIC RIGHT OF WAY
RECORDS OF COLLIER COUNTY, FLORIDA.
MEASURED BEARINGS SHOWN ARE BASED
QUALITY CONTROL ON STATE PLANE COORDINATES (FLORIDA
EAST ZONE) AS ACQUIRED BY USING GPS
BY :_.'`IFF._._�_�_.y DA'E :.......i,___/P5/_2_016 TECHNOLOGY AND IS THE 'BASIS OF
CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS BEARINGS'.
SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN _.__ �
CHAPTER 51-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION •
472.027, FLORIDA STATUTES.
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CERTIFICATION : GRAPHIC SCALE
CERTIFY iSURVj<Y WAS MADE UNDER MY RESPONSIBLE SIB;E CHARGE. NOTE,
/—{7�C1,/�,} (��\C-AT-W_/f :--7/°1?/e°16
IN COMPLIANCE WITH F.A.C.
BY — _._______— SURVEY DATE _ 7/eL'/e°16 5.1-17,032 (B> Id>'4 CIF LOCATION DT
EASEMENTS OR RIGHT-OFNAY OF RECORD,
CLINTON W. FIRST , E, CFId PIS 02453 LELAND F. DySARD. PIS #3859 OTHER THAN THOSE ON RECORD PLAT, IS
DE
MARY E. FIRST AD, CFL, PSL #5901 RURMSHED TOS THE SURVEYOR INFoRmATICINHANDuST MAPPER.
NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL
NOT A CERTIFICATION OF TITLE, 70141NC, EASEMENTS OR FREEDOM OF ENCUMBRANCES. FETE, IF APPLICABLE FENCES SHOWN MEANDER
FLORIDA STATUTE 51-17.D5 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION ON OR OFF LINES. CAPPRCTX. LOCATION Q16LY)
NOTE' PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING,
PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION.
3854 PROGRESS AVE., SUITE '04 REVISIONS
NAPLES, FL 34104 AREAS
F.L.A. SURVEYS CORP. 239-403-1600 FAX 403-860012-02-AREAS
PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 239-404-71293 - 4-7 239- 80 295
PRQJEC' NO:
__-.__ 9220 BONITA BEACH ROAD, STE 200 16-85733-SPC
DRAWN BY. ) JOP t ?AR 1Y CNF:: VI. BONITA SPRINGS, FL 34133
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