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HEX Final Decision 2017-31 OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Minutes & Records, Clerk of Courts FROM: Wanda Rodriguez, ACP DATE: November 3, 2017 RE: Hearing Examiner Decision(s) from October 26, 2017. Attached is a signed HEX decision from the Hearing Examiner hearing on October 26, 2017. Attachment(s): HEX No. 2017 — 31 [05-00A-01253/813782/13744 HEX NO. 2017—31 HEARING EXAMINER DECISION PETITION NO. NUA-PL20170002192 — Petitioner, RS Management Corp. of Livonia, Inc. requests a non-conforming use alteration pursuant to LDC Section 9.03.03.B. to allow the removal of 2 duplexes and replacement with 2 duplexes on Lots 45 and 46, Block 68, in the Naples Park Unit 5 subdivision. The subject property consists of.31± acres of land located on the south side of 100th Avenue North in Section 28, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: October 26, 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 9.03.03.B. of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application and no members of the public, other than those associated with the Applicant, attended the meeting. During the hearing, the Applicant's representative acknowledged that they intended to build back within the current Land Development Code setback standards for the RMF-6 zoning district. This would result in no encroachments into the current required setbacks. Without the encroachments, the new units would not be in the same footprint as the previous units. Based on the testimony at the hearing, the current use and density is not changing and the built back units will not exceed one-story in height. Staffs original recommendation for approval included a condition to require that "the replacement units shall be built within the existing building footprints and shall not encroach further into setbacks". Since the testimony of the Applicant removes the encroachment and thus changes the footprint, the staff condition would no longer be applicable. At the hearing, the Zoning Manager found that the new testimony provided by the Applicant's representative did not change staff's recommendation and analysis. [17-CPS-01685/1372246/1]56 1 of3 DECISION: The Hearing Examiner hereby approves Petition No. NUA-PL20170002192 filed by RS Management Corp. of Livonia, Inc., for a non-conforming use alteration to allow the removal of two duplexes and replacement with two duplexes on the property located at 852 & 856 100th Avenue North and further described herein and subject to the condition(s) set forth below. LEGAL DESCRIPTION: Lots 45 and 46, Block 68, of NAPLES PARK UNIT 5, according to the Plat thereof, as recorded in Plat Book 3, Page 14, of the Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Setbacks will be consistent with the current Land Development Code standards for the RMF-6 zoning district. 3. Dwellings will not exceed one-story and thirty-five (35) feet zoned height. 4. Density will not increase. 5. There will be no decrease in existing parking areas. 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. [17-CPS-01685/1372246/1]56 2 of 3 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. It- 3 - 2©� p,„.14 /� Date Mark Strain, Hearing Examiner Approved as to form and legality: 0A,2_„1 Hshton-Cic o Managing Assistant County Attorney [17-CPS-01685/1372246/1]56 3 of 3