Agenda 07/27/2010 Item # 6CAgenda Item No, 6C
July 27, 2010
Page 1 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 6C
Item Summary: Public petition request by Christopher J. Thornton, Esq. representing the Casa Grande on
Vanderbilt Beach Condominium Association Inc. regarding pool renovation and related work.
Meeting Date: 7/27/2010 9:00:00 AM
Approved By
Michael Sheffield Assistant to the County Manager Date
County Managers Office 7115/2010 11:14 AM
���1.1.7�•r
i
Office of the County Manager
Leo E. Ochs, Jr.
3301 East Ts
-• • ap ca nwiaa a4nz • (Z39) 252$383 • FAX: (239) 252-0010
July 14, 2010
Christopher J. Thornton, Esq.
Becker & Poliakoff, P.A.
999 Vanderbilt Beach Road, Ste. 501
Naples, FL 34108
Agenda Item No. 6C
July 27, 2010
Page 2 of 8
Re: Public Petition Request regarding Casa Grande on Vanderbilt Beach Condominium
Association, Inc.
Dear Mr. Thornton:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of July 27, 2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on -going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F ") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincere) /.
Mike Sheffield
Assistant to the County Manager
MJS:bh
cc: Jeffrey Klatzkow, County Attorney
Nick Casalanguida, Deputy Administrator Growth Management
Request to Speak under Public Petition
Please print
Agenda Item No. 6C
July 27, 2010
Page 3 of 8
Name:Christopher J. Thornton representing Casa Grande on
Vanderbilt Beach Condominium Association, Inc.
Address. Becker S Poliakoff, P.A.
H: \MaryJo \Public PetWon Request Form - 2008 new fo"n.doc
Naples,
Phone: 23g--gi3:2 32nn
111V 77. 20
—
Date of the Board Meeting you wish to speak:
Must circle yes or no:
Is this subject matter under litigation at this ti
Is this subject matter an ongoing Code Enforcement
Note: If either answer is "yes ", the Board will
discussion regarding the item after it is presented.
Please explain in detail the reason you are reauesting
e? Yes S
I case? Yes IS
hear the item but will have no
to speak (attach additional
page if necessary):
See attached letter dated July 14
2010
Please explain in detail the action You are asking
the Commission to take (attach
additional page if necessary):
See attached letter dated July 14
2010
H: \MaryJo \Public PetWon Request Form - 2008 new fo"n.doc
BECKER &-
POL[AKOFF
ADMIMISTRATM OMCE
3111 STIRLING ROAD
FORT LAUDERDALE, R 33311
954.967.7550
W AECKER- POUAKOFRCOM
9P®SECKER- POLAXOM..00M
July 14, 2010
Six Mile Corporate Pkonda Item No. 6C
12140 Carina Commerce Co1eft buiti4a
Fort Myers, Florida 33966 Page 4 of 8
Phone: (239) 433 -7707 Fax: (239) 433 -5933
999 Vanderbilt Beach Road, Suite Sol
Naples, Florida 34108
Phone: (239) 552 -3200 Fax: (239) 514 -2146
Reply To:
Naples
Christopher J. Thornton, Esq.
cthernton@becker-poliakoff.com
VIA E -MAIL: LEOOCHS @COLLIERGOV.NET
AND U.S. MAIL
Leo E. Ochs, Jr., County Manager
Collier County Manager's Office
3301 E. Tamiami Trail
Naples, FL 34112
Casa Grande is a 26 -unit condominium in a 10 -story building at 9653 Gulf Shore
Drive. The Association submitted a building permit application, permit number
bEWIERSEY 2010- 041906, on April 27, 2010, for pool renovation work on an existing pool
PXEW MIRKCM that was constructed in approximately 1983. The work involved in the permit
PRA40F includes installation of a retaining wall and renovation and remodeling of the pool
FAN. deck, stairs, terrace, ramp, and walkwa y
s, and installation of pavers. During
permit review, it was discovered by county staff that the original developer of the
condominium had failed to satisfy certain conditions of a variance that was issued
in 1982. Because these conditions had not been satisfied by the developer, the
LEGAL AND BUSINESS STRATEGISTS
RE: Casa Grande on Vanderbilt Beach Condominium Association, Inc.
Public Petition Request for July 27, 2010 BCC Meeting
nDea omcES
Pool Renovation/Vxdance Issue
BOG RAIpN
Dear Mr. Ochs:
,,,-,. roRrwAUOn eucM
MOMESTFAD
Our Firm represents Casa Grande on Vanderbilt Beach Condominium
MELBDORME•
Association, Inc. ( "Association's. I an writing on behalf of the Association to
MIAMI
request to speak as a public petition item on the Board of County Commissioner's
KA
agenda of July 27, 2010.
DRIANOD
Ponv.wcle
The reason that I am requesting to sneak is to ask the Board of Countv
wASmA
Commissioners to authorize staff in the Planning and Regulation Section of the
TALUMAS$EE
din Growth Management Division to issue a building Permit and allow the
TAMPA GY
Association and its contractors to Proceed with Pool renovation and related work
WEST PALM KFACx
while the Association ursues a variance petition that will propose the
modification of certain conditions of a 1982 coastal construction control Iine
variance that was scanted to the developer of the condominium
Casa Grande is a 26 -unit condominium in a 10 -story building at 9653 Gulf Shore
Drive. The Association submitted a building permit application, permit number
bEWIERSEY 2010- 041906, on April 27, 2010, for pool renovation work on an existing pool
PXEW MIRKCM that was constructed in approximately 1983. The work involved in the permit
PRA40F includes installation of a retaining wall and renovation and remodeling of the pool
FAN. deck, stairs, terrace, ramp, and walkwa y
s, and installation of pavers. During
permit review, it was discovered by county staff that the original developer of the
condominium had failed to satisfy certain conditions of a variance that was issued
in 1982. Because these conditions had not been satisfied by the developer, the
LEGAL AND BUSINESS STRATEGISTS
Agenda Item No. 6C
July 27, 2010
Page 5 of 8
Casa Grande on Vanderbilt Beach Condominium Association, hic.
7/14/2010
Page 2
Association's building permit has not been issued and the pool renovation project has been
stopped The Association was unaware that the developer had failed to comply with the variance
conditions.
In order to resolve the variance issues, the Association intends to proceed with a variance
petition to modify the conditions of the 1982 variance. Because the variance process will take
some time, and would likely result in the delay of the pool renovation work until next summer,
and could result in disputes with the Association's contractor, the Association respectfully seeks
the authority of the Board to proceed with the pool renovation work while the Association
pursues the modification of the variance conditions.
The condominium was developed by Union Properties of Southwest Florida, Inc. in 1982 -1983.
The developer obtained a coastal construction control line variance, Resolution 82 -179, on
November 9, 1982, attached as Exhibit A. The variance was for construction of a pool, wood
deck, and restroom/storage building seaward of the coastal construction control line. One of the
conditions of the variance was the relocation of an existing seawall approximately 50 feet
landward as well as restoration of the intervening area as a natural dune community. The
developer never did satisfy this condition of the variance, and the existing seawall remains.
The Association has no objection to removing the old seawall, but would prefer not to replace it
with a new seawall. The new seawall would be expensive, and it is doubtful that the DEP would
permit such a seawall under current regulations. Therefore, the Association intends to proceed
with a variance petition to modify the conditions of the 1982 variance. The Association's
proposed plan for the modified variance is attached as Exhibit B. The proposed plan lines up the
Association's vegetation line with that of its neighbors to the north and south at a location
approximately 40 feet landward of the existing seawall.
Thank you for your consideration. Please feel free to contact me if you have any questions.
Very Yours �-
Christopher J. Thornton
For the Firm
CJT /sdc
cc: Ron Perri, President, Casa Grande on Vanderbilt Beach Condominium Association, Inc.
Nick Casalanguida, Deputy Administrator, NickCasalaneuidaaa.eollier og v_net
Jeffrey A. Klatzkow, County Attorney, JeflKlatzkow(i4collier ¢ ov.ri
Michael Sheffield, MichaelSheffieldacollier ¢ ov.net
ACTIVE: 30293511
WHEREAS, Union Properties of Southwest Florida, Inc., has Agenda Item No. 6C
July • 7, z010
a variance from the Coastal Construction Control Line as required i9of8
Ordinance 75 -19 for the purpose of constructing a swimming pool, wood
seawall deck and a restroom /storage building, and for relocating an existing
to a landward position, regrading the subsequently exposed up-
land to a natural dune•profile and planting the area _witb native coastal
vegetation.
NMREAS, the County Environmentalist has reviewed said petition and
has prepared an Executive Summary regarding the petition, and
WHEREAS, the Board of County Commissioners has examined the £xecu-
tive Summary with its recommendations:
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commis-
sioners of Collier County, Florida that Petition CCC1- 82 -21C be granted
.subject to the conditions listed below:
1. The granting of this petition'is to permit the construction of
a swimming pool, wood deck, and restroom /storage building, the
.landward relocation of the existing seawall, the regrading of
the subsequently exposed upland to a natural dune profile, and
the revegetation of the area with native coastal plants: All
-- -these activities are permitted seaward of the Coastal Construc-
tion ,Control Line on Lots 19 and 20, Block "A ", Unit No. 1,
Connors Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9.
2. The agreement attached as Exhibit A is hereby approved.
3. The construction of the pool, wood deck, and restroom /storage
building shall be mitigated by the relocation of the seawall
to a landward position and the restoration of the area seaward
of the pool to a natural dune community. The relocation and
restoration. shall be according to the attached description
-(Exhibit B) which was prepared by the petitioner in consults-
tion with the County Environmentalist. All activities shall
conform to the standards of the Department of Natural Re-
sources Division of Beaches and Shores.
fails to mitigate the construction of the If the petitioner
Pool and accessory
structures in a reasonable period of time, the pool and other
structures permitted by this variance shall be removed at the
petitioner's expense.
4. No equipment or construction material shall be stored seaward
i, 6. The granting of this variance does not relieve th�g�n p temno 6C
from obtaining all other required governmental permits. July 27, 2010
Page 7 of 8
This Resolution passed after motion, second, and roll call vote as
follows:
COMMISSIONER Wenzel Motioned and aye
COMMISSIONER Pistor Seconded and aye
COMMISSIONER Kruse Aye
COMMISSIONER Brown Aye
COMMISSIONER Wimer Aye
Done and ordered this 9th day. of November 1982.
. c• "XTTEST'••.
REAGAN, I
Approved s t form
B -JRT L. SAUNDERS
Collier County Attorney
CCCL- 82 -21C
fficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: cz '
C..R. "R SS VDIER, CHAIRMAN
OOiS21q 30 3'180
I 11T
NU To
vu
PS
i
7wI31gUqOQI3O3 3QIa0 y;eo
ONIUWO OO S 6
:i
Agenda Item No. 6C
July 27, 2010
Page 8 of 8
+-Z
�r
N
N
oN
�a
pie
pN
mN
GP tO
�r
mn
DF
�9
0
MMb
/O
It
O
rur�
-J
O
Xf
H
r
r�
I
�o
D�
ffN
1
y°
O
o°
QO
i G
4i
� m
o
�
�
ti
�
W
r
�
o
OOiS21q 30 3'180
I 11T
NU To
vu
PS
i
7wI31gUqOQI3O3 3QIa0 y;eo
ONIUWO OO S 6
:i
Agenda Item No. 6C
July 27, 2010
Page 8 of 8
+-Z
�r
N
N
oN
�a
pie
pN
mN
GP tO
�r
mn
DF
�9
0
MMb
/O
It
O
rur�
-J
O
Xf
H
r
r�