HEX Final Decision 2018-02 HEX NO. 2018 — 02
HEARING EXAMINER DECISION
PETITION NO. VA-PL20170003718 — Jordan T. Donini and Jacquelyn E. Coppard
request a variance from Section 4.02.01 A., Table 2.1 of the Land Development Code to
reduce the minimum side yard setback for property zoned RSF-4 from the 6.5 feet
previously approved by Administrative Variance to 4.7 feet from the eastern property line
for the existing single family residence on Lot 8, Block C of the North Naples Highlands
subdivision, also described as 1087 Frank Whiteman Boulevard, in Section 22, Township
49 South, Range 25 East, Collier County, Florida, consisting of 0.15+/- acres.
DATE OF HEARING: February 22, 2018
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:
Other than representatives of the applicant, no members of the public were in attendance for this
issue. No objections have been received by staff.
The variance will allow the house that has existed since 1954 to remain in the location as
constructed. The variance will apply from the original standard of 7.5 feet to the 4.7 feet
requested.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20170003718 filed by Francesca
Passidomo, Esq., of Coleman, Yovanovich & Koester, P.A., representing Jordan T. Donini and
Jacqueline E. Coppard, for a variance from LDC Section 4.02.01 A., Table 2.1, to reduce the side
yard setback line from 7.5 feet to 4.7 feet on the east side of the property, for the existing single
family residence located at 1087 Frank Whiteman Boulevard, Naples, Florida, and further
described herein, as shown in the Survey Sketch attached as Exhibit "A", and as subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—Survey Sketch
1[17-CPS-01726/1397287/1162 f2
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LEGAL DESCRIPTION: Lot 8, Block C, North Naples Highlands, according to the plat
thereof recorded in Plat Book 3, page 12, of the Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
Date IA/
Ma_k Strail earing Examiner
Approved as to form and legality:
Heidi F.Ashton-Cicko
Managing Assistant County Attorney
[17-CPS-01726/1397287/1]62 2 of 2
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