HEX Agenda 09/27/2018
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, SEPTEMBER 27, 2018 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. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. VA-PL20180001625 – The Ohana Group, LLC requests a variance from the
minimum front yard setback in LDC Section 4.02.01.A, Table 2.1 for a single family dwelling on
property zoned RMF-6, to reduce the minimum front yard setback on the east side from 25 feet to
7.5 feet for the building and 5.5 feet for the roof overhang, located on the west side of Curtis Street
between Clark Court and Church Avenue, also described as 2140 Curtis Street, in Section 11,
Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior
Planner]
B. PETITION NO. VA-PL20180002054 – William D. Toler 20-Year Qualified Personal
Residence Trust and Deborah H. Toler 20-Year Qualified Personal Residence Trust request a
variance from Section 10.5.4 of the Lely Barefoot Beach PUD, Ordinance No. 77-48, as amended,
to reduce the minimum setback to the north and south property lines from one -half the building
height, or 18.8 feet, to 15 feet, for a single family home located at Lot 30, Southport on the Bay
Unit One, also known as 202 San Mateo Drive in Bonita Springs, in Section 6, Township 48
South, Range 25 East, Collier County, Florida, consisting of 0.48± acres. [Coordinator: John
Kelly, Senior Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
AGENDA ITEM 3-A
GofCisr County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: SEPTEMBER 27, 2018
SUBJECT: PETITION VA-PL20180001625; 2140 CURTIS STREET
I'lt()1'ERTY OWNER/AGENT:
Owner/Applicant:
The Ohana Group, LLC
9674 1h Avenue North
Naples, FL 34102
REQUESTED ACTION:
Agents:
Luke Fredrickson
Sonrise Building Company
967 46 Avenue North
Naples, FL 34102
To have the Collier County Hearing Examiner (HEX) consider an application for a variance from
Section 4.02.01 A., Table 2.1 of the Land Development Code (LDC) to reduce the minimum front
yard setback for the eastern front yard of a corner lot, from 25 feet to 7.5 feet for the building and
to 5.5 feet for the roof overhang, located at 2140 Curtis Street.
GEOGRAPHIC LOCATION:
The subject property is located on the west side of Curtis Street between Clark Court and Church
Ave, also described as 2144 Curtis Street, on Parcel 7.3 in Section 11, Township 50 South, Range
25 East, Collier County, Florida, consisting of 0.22± acres (See location map on page 2 and Survey
on page 3).
VA-PL20180001625: 2144 Curtis St. Page 1 of 8
Final - September 10, 2018
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PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Multi -Family -6 (RMF -6) zoning district. The
subject property is located within an unrecorded subdivision and is deemed to be a conforming lot
of record. The applicant seeks to develop five single-family lots, one of which has already been
constructed, using an identical building product on each lot; however, this is not possible without
a variance as the subject property is deemed to be a corner lot and setbacks are applied differently
on corner lots versus interior lots. A corner lot, by definition, has two front yards and two side
yards, there is no rear yard as there is with an interior lot; the front yard with the shorter street
frontage establishes the required minimum lot width. Section 4.02.01 A., Table 2.1 of the Land
Development Code (LDC) provides that minimum front yards on conforming lots within the RMF -
6 Zoning District are 25 -feet and side yards are 7.5 feet for principal structures. LDC Section
4.02.01 D.7 allows unroofed and unenclosed stairways to encroach up to 3 feet into the front yard
of a single-family residence. As evidenced by the provided site plan, the proposed one-story single-
family residence is to be constructed 7.5 -feet from the east property line fronting on Curtis Street,
the roof overhang will measure 5.5 -feet from the east property line; hence, a variance of 17.5 -feet
is sought for the building and 19.5 feet for the roof overhang to the eastern front yard fronting on
Curtis Street. Staff notes that as the immediate vicinity is nearly built out it is unlikely that Curtis
Street will be expanded, as such, an unusually large right-of-way buffer presently exists adjacent
to the subject property.
SURROUNDING LAND USE AND ZONING:
North: Multi -family development within a RMF -6 zoning district
East: Curtis Street (Right-of-way) then Single-family dwelling within a RMF -6
zoning district
South: Access Easement then single-family Mobile dwelling within a RMF -6 zoning
district
West: Proposed single-family dwelling within a RMF -6 zoning district
VA-PL20180001625; 2140 Curtis St. Page 4 of 8
Final - September 10, 2018
Collier County Property Appraiser
GROWTH MANAGEMENT PLAN GMP CONSISTENCY:
The subject property is located in the Urban Designation, Urban Coastal Fringe Subdistrict, land
use classification on the County's Future Land Use Map (FLUM). This land use category is
designed to accommodate a variety of residential uses including single-family, multi -family,
duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a
variance for a proposed single-family dwelling which is an authorized use within this land use
designation, therefore, the use is consistent with the FLUM. The GMP does not address individual
variance requests; the Plan deals with the larger issue of the actual land use.
ZONING DIVISION 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
VA-PL20180001625; 2140 Curtis St. Page 5 of 8
Final - September 10, 2018
location, size and characteristics of the land, structure or building involved?
Yes. The applicant indicates that given existing easements and setback requirements the
allowable building envelope makes it difficult to build a home that coincides with others
within the development. The south comprises a 15 -foot access and utility easement as well
as a required 25 -foot front yard setback (40 -feet total), the northern setback (rear yard) is
increased from 7.5 -feet to 10 -feet because of a drainage easement, the west side yard is 7.5
feet, and the eastern front yard is 25 -feet. Staff agrees but suggests that the issue could be
remedied by altering the design of the building to fit within the building envelope.
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?
No. the special conditions or circumstances come into play as the applicant desires to
construct an identical building product of each lot within the development.
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. The proposed building design cannot be accommodated within the allowable building
envelope; therefore, the building design would need to be altered.
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?
Yes. The variance, if granted, is the minimum required to accommodate the requested
building design and plans which will make possible the most reasonable use of the land and
results in no changes to the existing property conditions while promoting standards of health,
safety, and welfare.
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?
By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional development standard. As such, other properties facing a similar hardship would
be entitled to make a similar request and would be conferred equal consideration on a case
by case basis.
E 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 be in harmony with the general intent and purpose of
VA-PL20180001625; 2140 Curtis St. Page 6 of 8
Final - September 10, 2018
the Land Development Code and will not harm public safety, health and 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 courses, etc.?
Yes. Curtis Street is a 60 -foot wide right-of-way yet is only paved for 8 -feet on each side of
the centerline which results in an unusually wide 22 -foot swale area on the west side of the
street. As the area is fully developed there is little likelihood that the roadway will be
expanded in the future.
h. Will granting the Variance be consistent with the Growth Management Plan?
Yes. Approval of this Variance will not affect or change the requirements of the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any
preserve area, the EAC did not hear this petition.
COUNTY ATTORNEY OFFICE REVIEW:
The Office of the County Attorney reviewed this staff report on September 10, 2018.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve variance petition VA-
PL20180001625, to reduce the minimum front yard setback for the eastern front yard of a corner
lot, from 25 feet to 7.5 feet for the building and to 5.5 feet for the roof overhang, at 2140 Curtis
Street located within unincorporated Collier County, Florida.
Attachments:
Attachment A: Sign Posting by Collier County
Attachment B: Backup Package
VA-PL20180001625; 2140 Curtis St. Page 7 of 8
Final - September 10, 2018
PREPARED BY:
.IOHN 'K LY, S IOR PLANNER
ZONING DIVISION -ZONING SERVICES SECTION
REVIEWED BY:
r(4w /1�1_ AoYZ,,—,�
RAY . BELLOWS, ZONING MANAGER
ZONIM DIVISION -ZONING SERVICES SECTION
MICHAEL BOSI, AICP. DIRECTOR
ZONING DIVISION
VA-PL20180001625; 2140 Curtis St.
September 5, 2018
ATE
916'118
E
DATE
Page 8 of 8
KellyJohn
From:
KellyJohn
Sent:
Friday, September 07, 2018 4:59 PM
To:
KellyJohn
Subject:
Sign Posting - VA-PL20180001625
Attachments:
IMG0224.jpg; ATT00001.txt; IMG_0225.jpg; ATT00002.bct; IMG_0226.jpg; ATT00003.txt;
IMG7_0227.jpg; ATT00004.bct
Follow Up Flag:
Follow up
Flag Status:
Flagged
Posted: 09/07/2018 at approximately 3:30PM
Location: 2140 Curtis St., south and east
By: John Kelly, Senior Planner
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.
Attachment A
e
'UBLICHEA
FOR RING
3;pa&
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ZoONTACT...:. ,.�--
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Attachment B
CO&T County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliereov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
VARIANCE PETITION APPLICATION
Variance from Setbacks Required for a Particular Zoning District
LDC section 9.04.00 & Code of Laws section 2-83 -- 2-90
Chapter 3 J. of the Administrative Code
PROJECT NUMBER To be completed by staff
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Al of Applicant(s): The Ghana Group LLC
ame
967 4th Avenue North
Address:
Telephone:
239-261-3433
Cell:
Luke @ sonrisebuilding.com
E -Mail Address:
City: Naples
239-289-4237
Luke Fredrickson
Name of Agent:
Firm: Sonrise Building Company
967 4th Avenue North
Address:
239-261-3433
Telephone:
E -Mail Address:
City: Naples
239-289-4237
Cell:
Luke@sonrisebuilding.com
FL
State: ZIP:
239-262-3400
Fax:
34102
FL 34102
State: ZIP:
239-262-3400
Fax:
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
4/27%2018 Page 1 of 6
Coer County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (234) 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. Number: 00387240004 Section/Township/Range: 11 50 25
Subdivision: Unit: Lot: Block:
See Attached Legal Description .22
Metes &Bounds Description: Total Acreage:
Address/ General Location of Subject Property: 2140 Curtis Street Naples, FL 34112
ADJACENT ZONING AND LAND USE
Minimum Yard Requirements for Subject Property:
Front: 25' Corner Lot: Yes ]■ No ❑
Side: 7.5' Waterfront Lot:
N/A
Rear:
YesE] No *
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.
4/27/2018 Page 2 of 6
�asment
Zoning
Land Use
N
RMF -6
Harbor Lakes Condominiums (Parking Lot Only)
S
RMF -6
Sin le Family Dwelling
E
RMF -6
Curtis Street (ROW) then rear of single family dwelling & drainage
W
RMF -6
Single Family Undeveloped (Will be developed by Us)
Minimum Yard Requirements for Subject Property:
Front: 25' Corner Lot: Yes ]■ No ❑
Side: 7.5' Waterfront Lot:
N/A
Rear:
YesE] No *
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.
4/27/2018 Page 2 of 6
�asment
Codie* r County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
ASSOCIATIONS
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
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.colliergov.net/index.aspx?page=774.
Name of Homeowner Association: Harbor Lakes Uonclominlum HEh-# 00 38 /3b00U1
Mailing Address: 11 bb 5anciplper bireet City: apes State: ZIP:
Name of Homeowner Association:
Mailing Address:
Name of Homeowner Association:
Mailing Address:
Name of Homeowner Association:
Mailing Address:
Name of Homeowner Association:
Mailing Address:
City: State: ZIP:
City., State: ZIP:
City: State: ZIP:
City: State: ZIP:
NATURE OF PETITION
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.
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.
4/27/2018 Page 3 of 6
Co er County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collier ov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(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?
171 Yes ❑■ No if yes, please provide copies_
4/27/2018 Page 4 of 6
Co er County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collier ov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(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
tj 11F CnniFS
RFQUIRED
NOT
REQUIRED
Completed Application (download current form from County website)
✓
Pre -Application Meeting Notes
1
✓
Project Narrative
Q
r
Completed Addressing_ Checklist
1
.i
Property Ownership Disclosure Form
1
Conceptual Site Plan 24" x 36" and one 8 %: " x 11" copy
Q
✓
Survey of property showing the encroachment (measured in feet)
2
r,_/1
Affidavit of Authorizationsigned and notarized
2
[�
❑
Deeds/Legal' s
3
Location map
1
✓
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5
❑
Historical Survey or waiver request
1
Li✓
Environmental Data Requirements or exemption justification
3
Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification
1
❑
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1❑
❑
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.
4/27/2018 Page 5 of 6
Coiter County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Planners: Indicate If the petition needs to be routed to the following reviewers:
FEE REQUIREMENTS
Pre -Application Meeting: $500.00
Variance Petition:
o Residential- $2,000.00
a Non -Residential- $5,000.00
0 5" and Subsequent Review- 20% of original fee
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
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.
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 Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
pp ca Sign ure
Luke
Printed Name
6-18-2018
Date
4/27/2018 Page 6 of 6
Bayshore/Gateway Triangle Redevelopment:
Executive Director
C]Historical
Review
City of Naples: Robin Singer, Planning Director
❑
Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Ryan
❑
Parks and Recreation: David Berra
❑
Emergency Management: Dan Summers; and/or
EMS: Artie Bay
❑
School District (Residential Components): Amy
Lockheart
Other:
FEE REQUIREMENTS
Pre -Application Meeting: $500.00
Variance Petition:
o Residential- $2,000.00
a Non -Residential- $5,000.00
0 5" and Subsequent Review- 20% of original fee
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
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.
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 Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
pp ca Sign ure
Luke
Printed Name
6-18-2018
Date
4/27/2018 Page 6 of 6
SONRISE
Building Company
June 20, 2018
Mr. John Kelly, Senior Planner, Collier County Growth Management Zoning Division
2800 North Horseshoe Drive
Naples, FL 34104
Subject; Variance Petition Application Narrative to Explain Nature of Petition
To address the associations being affected by this petition, we have included the Harbor Lakes
Condominium to the North of our property, however, they will be positively affected by this
variance as we are currently allowed to be 7.5 feet from their parking lot and we would like to be
20' from the parking lot.
I . The current parcel is an undeveloped lot. It is currently recognized as a corner lot that requires
two front yards and two side yards; 25' and 7.5' respectively. We are proposing to decrease the
east setback line along Curtis Street from 25' from the current lot line to 7.5' from the current lot
line. The North allowed setback of 7.5' would be increased to 20', the south setback would remain
25' from the access/public utilities easement on our property, & the west setback would remain at
7.5' (See attached plans) The property was purchased as a whole (2100, 21 10, 2120, 2130, &
2140 Curtis Street) on May I st 2013. The existing encroachment is necessary as the existing
easements are unusually large for the property & the current setbacks would render the property
nearly unbuildable as there is the 15' access/utilities easement, a 30' transportation easement at the
east side & a 10' drainage easement along the north side of the property. The existing landscape
buffer on the Ease side of the property is to remain. This will be like & the same of the other 4
lots, one of which is currently built (2100 Curtis Street) and the other 3 which will be submitted
2. The current lot is undeveloped so there has been no site alterations, dredging, or filling.
3. a) The special conditions are as follows: The North side of the property currently has a 10'
drainage easement so we would be unable to use the 7.5' allowable setback at that location, we
would like to be 20' from the lot line per plans attached. The South side of the property currently
has a 15' access & public utilities easement that we have paved for the development. With this
existing condition we have to be 40' from the lot line of the property which we plan to keep as is.
The east side of the property currently has a 30' from center line of Curtis Street to the property
line, we then have to be 25' from our lot line, a total of 55' from Curtis Street. The west side of
the property has a 7.5' setback which we intend to keep as is. With all of these conditions being as
they are it makes it very difficult to build a home on the lot to coincide with the others on the
street.
sonrise Building Company 967 4th Avenue North Naples FL 34102 239-261-3433 Lic # CBC 1257977
3. b) To our knowledge there would be no special conditions or circumstances that would result
form the action of this variance approval.
3. c) Yes, they create a situation that this lot is unbuildable at the current setbacks are listed.
3. d) Yes, if this variance is granted it will make the lot buildable to suit the current
neighborhood.
3. e) No other lands, buildings, or structures are being affected by this variance at this time.
3. f) The granting of this variance will be in harmony with the intent and purpose of this zoning
code. It will be drastically improving the existing neighborhood and all surrounding properties.
3. g) There are no natural conditions or physically induced conditions that ameliorate the goals &
objectives of the regulation.
3. h) Granting of this variance will be consistent with the Growth Management Plan and will
improve the neighborhood & surrounding areas.
4. To our knowledge there has been no official interpretation or zoning verification rendered on
this property within the last year.
Sincerely,
/Luke redrickson
President
The Ohana Group
sonrise Building Company 967 4th Avenue North Naples FL 34102 239-261-3433 Lic # CBC 1257977
CoI[ier COW ty
COLLIERCOUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliersov.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 ersonnel prior to Rre-application meeting, lease 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)
❑ BD (Boat Dock Extension) ❑ SOPA (SDP Amendment)
❑ Carnival/Circus Permit ❑ SOPI (Insubstantial Change to SDP)
❑ CU (Cond'Rional Use) ❑ SIP (Site Improvement Plan)
❑ 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 8 Plat Review) E VA (Variance)
❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit)
❑ PUD Rezone ❑ VRSFP (Vegetation Removal 8 Site Fill Permit)
❑ RZ (Standard Rezone) ❑ OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
Parcel 7.3 Section 11 Township 50 Range 25
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
00367240004
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
2140 Curtis Street Naples, FL 34112
• 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)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (ifapplicable)
SITE DEVELOPMENT PLAN NUMBER (forexistingprojects/sites only)
SDP-- or AR or PL # 20180001625
Rev. 619/2017 Page 1 of 2
CoI[ier Cot4hty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(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 F!] Personally picked up
Applicant Name: Luke Fredrickson
Phone: 239-261-3433 Email/Fax:lake@sonrisebuilding.com
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
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
J �
Approved by: !G Date: Z7Z
Updated by:
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Rev 6la1201
Page 2 812
Collier County Property Appraiser
Property Summary
Site 2140
Parcel No 00387240004 Address ST RTIS Site City NAPLES
Name I Address OHANA GROUP LLC
967 4TH AVE N
8120118, 10:23 AM
Site Zone 34112
`Note
City NAPLES State FL Zip 34102
Map No. Strap No. Section Township Range Acres *Estimated
5A11 000100 007 35A11 11 50 25 0.22
11 50 25 E 80FT OF THE FOLL DESC PARCEL:BEG 21OFT NORTH OF SW
Legal CNR OF NW114 OF SW114 OF NW114 FOR POB, N120FT, E630FT S 120FT,
W 630FT TO POB
Millage Area* 86
Sub./Condo 100- ACREAGE HEADER
Use Code -0 0 - VACANT RESIDENTIAL
Latest Sales History
(Not all Sales are listed due to Confidentiality)
Date
Book -Page
Amount
06/17/15
5166-3103
$ 350,000
05/01/13
4915-2170
$ 375,000
04/18/00
2665-600
$ 110,000
07/13192
1734-778
$ 0
08/01/75
626-519
$ 0
Millage Rates 0 *Calculations
School Other Total
5.122 6.3384 11.4604
2017 Certified Tax Roll
(Subject to Change)
Land Value
$ 70,840
+� Improved Value
$ 0
I:_) Market Value
$ 70,840
tIIy Assessed Value
$ 70,840
School Taxable Value
$ 70,840
r=� Taxable Value
$ 70,840
If all Values shown above equal 0 this parcel was created
after the Final Tax Roll
3bout:btank
Page t of 1
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, �COLLIER rCOUNTY FLORIDA)
DOC4.70 $2,450.00 REG $27.00
CONS 5350,000.00
This instrument was prepared
without opinion of title and without
benefit of title insurance by:
Joel A. Threlkeld, Esq.
Threlkeld & Associates, P.A.
2272 Airport Road South, Suite 101
Naples, FL 34112
Phone: 239-234-5034
And after recording return to:
Threlkeld & Associates, P.A.
2272 Airport Road South, Suite 101
Naples, FL 34112
File No. 15-076
Parcel Identification Numbers:
00389360209:00389360102;0038;
00387160003;00387240004
Consideration: $350,000.00
�R CpU\
THIS WARRANTY is day of , , by Randall L Fredrickson
and Peggy A. Fredrickson, hug d wife, whose 383 Hawthorne Woods Way,
Front Guest House, Naples, FL hereafter referred r"), and The Oban Group,
LLC, a Florida Limited Liability y, whose mailin is 5383 Hawthorne Woods Way,
Front Guest House, Naples, FL 34116, Cr '
(Wherever used herein the terrine "t3rantor" ; I �R include singular aW plural, heirs, legal
representatives, and assigns of individuals and the successor and assigns corporation& wherever the context
so admits or requires.)
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten -Dollars ($10.00) and other
valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, conveys,
and sells unto the Grantee, and Grantee's successors, heirs, and assigns forever, all that certain parcel of
land in Collier County, State of Florida, to wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EJQHBIT "A"
THE LAND IS NOT THE HOMESTEAD OF THE GRANTOR TINDER THE LAWS AND
CONSTITUTION OF THE STATE OF FLORIDA AND NEITHER THE GRANTOR, NOR ANY
PERSON WHOSE SUPPORT THE GRANTOR IS RESPONSIBLE, RESIDE ON OR ADJACENT TO
THE LAND.
TOGETHER with all of the tenements, hcreditaments and appurtenances thereto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD, the satne in fee simple forever.
AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee
simple; that the Grantor has good right and lawful authority to sell and convey this land; that the Grantor
hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons
whomsoever; and that the land is free of all encumbrances, except taxes accruing subsequent to December
31, 2014, and restrictions, covenants, and easements of record.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year fust above
written.
Signed, sealed and delivered in the presence of:
By
Wi ignatu7 Jre
Print Name , l Pe. /%V 1; �i�1 d1
�R CQ
Witness Signature
Print
Randall L. 1Wdrickson (Grantor)
5383 Hawthorne Woods Way
les, FL 34116
"53$8 orne woods way
Print Name +L 1 *� 34116
`'��E CIRC
Witness signature
Print Name AdLQ
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY, that the foregoing instrument was acknowledged before me by Randall L.
Fredrickson o who is personally known to me or who has produced as
r ntification, and by Peggy A. Fredrickson ❑ who is personally known to me or K*ho has produced a
(1 01) YS as identification on this the day of . �� + riJ� -2015.
(Affix Notary Stamp)ze� ,6�
?
Nom. t Notary Siiggna/ ture
NOTARY PUKJO
$TATE GF FLORM
• Cpnnr FF0161�
F.ap w SM412017
Page 2 of 3 - Worrmanly Deed
Moula Ac '�-t.0 rj
Printed Notary N
ExHMrf "A"
LEGAL DESCRIPTION
THE EAST 150 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING 210 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, FOR A POINT OF BEGINNING; THENCE NORTH 120 FEET; THENCE EAST 380 FEET;
THENCE SOUTH 120 FEET; THENCE WEST 380 FEET TO THE POINT OF BEGINNING; THEN ABOVE
BEING IN COLLIER COUNTY, FLORIDA
�`I :ll
TETE EAST 50 FEET OF THE FOLLOWIG DESCRIBED TRACT OF LAND, TO WIT:
BEGINNING 330 FEET SOUTH OF A PO F THE NORTHEAST CORNER FO THE
NORTHWEST QUARTER OF THE S NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 50 SOUTH 25 EAST; THEN 300 FEET; THENCE SOUTH
120 FEET; THENCE EAST 300 CE NORTH 120 FEET, T INT OF BEGINNING,
BEG24MING 330 FEET SOUTH
F A
THEAST CORNER OF THE
NORTHWEST QUARTER OF
FO N
T QUARTER SECTION
11, TOWNSHIP 50 SOUTH, RAN
, THENCE SOUTH 120 FEET;
THENCE EAST 200 FEET; THEN
RTH 120
FEET, TO PO
IlVNING.
O
-4
Page 3 of 3 — Wa mmy Deed
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
GO& County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAk (139) 252.6358
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required farm with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL. tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c, If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
Created 9/28/2017 Page 1 of 3
Co*er County
(OILIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT MAPLES, FLORIDA 34144
www.colliergow.net (239) 252.2400 FAX- (2391252-6358
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the
general and/or limited partners:
e
Name and Address i % of Ownership
Randall Fredrickson 967 4th Avenue N Naples, FL 34102 25%
Peggy Fredrickson 967 4th Avenue N Naples, FL 34102 25%
Luke Fredrickson 967 41h Avenue N Naples, FL 34102 25%
Tatjana Fredrickson 967 41h Avenue N Naples, FL 34102 25%
If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list a I i individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g- Date subject property acquired 5-1-2013
❑ leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Created 9/28/2017 Page 2 of 3
C011 I IFR CI]UN iY GOVERIVMEN"f
GROWTH MANAGEMEP41 0EPARTMENT
www.callierg_ov.nei
Date of option:
Date option terminates:
Anticipated closing date.
Co*er Countv
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 152-2400 FAX. (2 39) 252 6358
or
AFFIRM PROPERTY U1,N NERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form,
Requirements for petition types are located on the associated application form. Any change in ownership whether
Individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition's final public hearing.
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.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
4
g IQ
ner ignature
L_ uke Fredrickson _
Agent/Owner Name (please print)
F1_ 18-2WB
Date
Created 9/28/2017 Page 3 of 3
.. .iiv.a rw -�;VV KC\.VKUCU 0/11/cU1] 4:4U PM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 535.50
Prepared By:
Prepared By:
Joel A. Threikeld, Esq.
7HREiIIELD A ASSOCIATES, P.A-
2272 Airport Rd. S., Ste. 101
Naples, FL 34112
Parcel Identification No's.
00389360209;00389360102;00367200002;
00387160003;00387240004
ROADWAY
THIS ROADWAY E
into this made this the 22nd
Liability Company, its succe
in Collier County, Florida and
in by KONA KOVE HOME
(the "Association") with the I
follows:
/�R COU�l'
►bovc I" Line For Recadieg _
assigns, (the "De
re particularly Iden '
IATION,
e Association
WnNESSETH
iANT is agreed and entered
', LLC, a FIodda Limited
of the real property situated
4 Exhibit "A", and is joined
corporation not-for-profit
;, affirming and agreeing as
WHEREAS, the Developer is the fee simple owner of five (5) parcels, inclusive, being located in
Collier County, Florida and being more particularly identified and described in Exhibit "A" attached
hereto (the Kona Kove Lots"), and
WHEREAS, the Kona Kove Lots abut a fifteen foot (15) wide private right-of-way containing
0.22 acres more or less dedicated for ingress, utility and drainage purposes, and
WHEREAS, the Kona Kove right -0f --way is classified as a private right -0f --way that is privately
maintained; and
WHEREAS, the Kona Kove right-of-way is currently unimproved and the Developer has made
application to construct certain infrastructure improvements, including a paved street, drainage swales,
signage and street markings, and
WHEREAS, Developer has decided to construct the Kona Kove Right -of -Way Improvements,
and record a covenant for road maintenance upon the Kona Kove Lots for the purpose of maintaining the
Right -of -Way Improvements in the future, and
Roadway Eann en & Maintenanm Covenant Page 1 of 3
WHEREAS, the Association has been organized to assume the administrative duties and expense
obligations required to maintain the Right -0f --Way Improvements, now
THEREFORE, and in consideration of the approval of the Kona Kove Right -0f --Way
Improvement by the relevant Collier County agencies, and other good and valuable consideration, the
receipt of which is hereby acknowledged, the Developer and the Association hereby covenant and agree
to the following:
1. The Developer has decided to constnrct the Right -of -Way Improvements within the Kona Kova
Lots, more particularly described in exhibit "A" attached hereto.
2. Upon completion of the Right of Way Improvements, the Association shall be responsible for the
costs required to maintain and/or repair the Right -of -Way Improvements in accordance with the
Development Order as determined by the Association or Collier County. The Right -of -Way
Improvements shall be maintained in a manner consistent with maintenance standards used and
adopted by Collier County from time to time to maintain similar privately owned and maintained
right-of-way improvements.
3. A violation or breach of the
and/or the Owners(s) of the
complete and correct any
compel the Association's n
litigation to be bome by !
Kona Kove Lots. Expe
incurred by the party ki
4. These maintenance c
the Owner, and their
This document shall be
IN WITNESS WHEREOF, the
the day and year above -written.
4 n contained shall give Collier County
ts, o all other remedies, the right to
deficiencies and to proceed at law or in equity to
the terms of cov ts, with the expense of such
an ratabI sed against the Owners of the
I le omey's fees and court costs
heirs, successors
lithe Collier County
Signed, sealed and delivered in the presence of.
DEVELOPER:
w' signs �--f I
Print Name J ` o e l -
I
r& 0
witness Signature if
Print Name
upon the Association,
have set their hands and seals on
THE OHANA GROUP, LLC, a Florida Limited
Liability Company
By:
Randall L. Fre ickson, Managing Member
Roadway Easement & Maintenance Covenant Page 2 of 3
v— '-wa 'V Jivo
STATE OF FLORIDA
COUNTY OF COLLIER
The fon; o' oadway Easement and Maintenance Covenant was acknowledged before me this the4�44
day of '2015 by Randall L. Fredrickson, as Managing Member of The Oban
Group, LLC, lorida Limited Liability Company ,who is personallykn wn or who produced
as identification.
(Attu Notary stamp) � �1�
J.
twM4MM*e Notary Public Signature 17
NOTARYPUBLMC
$TATE of AdaL�- ! r'L
811412017 Print Notary Name
ASSOCIATION: LR CO
�0 ONA KOVE NERS ASSOCIATION, INC.,
a Florida Corporad No for -Profit
W' Signature n, Vice President
0
N
Print Name
� Go
Witness SignatureNG��
� EC
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The fon:goin R way:siement and Maintenance Covenant was acknowledged before me this
day of 2015 byPeggy A. Fredrickson, as Vice President of the Kona Kove
meowners ciatilnc., a Florida Corporation Not -for -Profit, who is�crsonaliy lrnown to me
or who produced as identification.
(Attic Notary Sump)
MdM J mol"
NOTARY PUBLIC
STATE OF FLORID
CW" FFfJa
E>k.s 8114f7A17
Roadway Easement & Maintenance Covenant
AL -
Notary
Public Signature
ha. 1r, luc-TM44
Print Notary Name
Page 3 of 3
v., r--- baa J -W,
•** OR 1915 PG 3179 •6-
ElOOtt A
THR I[AST 10 FEET OF TIM FO1dA m ocM3 RID FAKn [W LUft
RLODRO W 211 FEET NORTH OFTHL SOVM WE1TT CORIaR OF FRE NORTRWLSF QUARTER
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LUT 211 MM THLIICLSOUTH IN MIMI TKLMM WLST30 ntTIOTHEFORME OF
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AND
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� T��E CIRC
Legal Description Exhibit "A"
RPRT AVai1ahlim Tmanp
�L4V nYLY O/ 11/ LU -LJ : 4U rM rAGtb 3U
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 5255.50
Prepared By:
Joel A. Threlkeld, Esq.
THREI,KF.LD & ASSOCIATES, P.A.
2272 Airport Rd. S., Ste. 101
Naples, FL 34112
Parcel Identification No's.
00389360209;00389360102;00387200002;
00387160003;00387240004
Above Ibis IAne For Rw dmg Da _
DECLARATION
THIS DECLARATIO O C VF i 0 14
the 22nd day of July, 2015, by LC,
its successors and assigns, (the ' arant") the owner o e
Florida and being more particul ntified in the
transferred, sold, conveyed, and subject to the cove ,
liens (sometimes hereinafter called " " or "Restric
by KONA KOVE HOMEOWNERS
(the "Association"). The purpose of these R lis]
development for single-family uses within the Exhibit "A" Property.
ARTICLE I DEFINTI'IONS AND RESPONSIBILITIES
RESTRICTIONS
AND RESTRICTIONS made this
ted Liability Company,
y situated in Collier County,
lt5Y', which is and shall be held,
rctions, easements, charges, and
inafter set forth, and is joined in
lorlda corporation not-[or-prollt
uniform standards and guidelines of
I.01 "Property" shall mean and refer to Lots l through 5, inclusive (collectively, the
"Residences of Kona Kove") more specifically described in the attached Exhibit "A",
together with and including the utility, access, and use rights as reserved for the use and
benefit of the Residences of Kona Kove by prior insu ment(s).
1.02 "Declarant" shall meats and refer to THE OHANA GROUP, LLC, a Florida Limited
Liability Company, and/or its successors and assigns.
1.03 "Association" shall mean and refer to the KONA KOVE HOMEOWNERS
ASSOCIATION, INC., a Florida Corporation, not-[or-proftt whose Articles of
Incorporation (the "Articles") and Bylaws (the "Bylaws") are attached hereto as Exhibits
"B" and "C", respectively.
1.04 "Declaration" shall mean this instrument as it may be amended from time to time,
together with any Supplemental Declaration(s) or Amendments thereto, which may be
recorded amongst the Public Records.
DB ARATION OF COVENAtM, CONDrWNS & RESM]C MNS
FOR KONA KOVE HOMEOWNERS ASSOCIATION, M. tie 1 of 4
L05 "Director" shall mean a member of the Board.
1.06 "Building Site" shall mean Kona Kove Lots 1 through 5, inclusive, or a combination of
any single Lot with any portion of another of Lots l through 5, inclusive, as described in
the attached Exhibit "A".
I.07 "Owner" or "Lot Owner" shall mean and refer to the record title owner, whether one or
more persons or entities, of the fee simple title to a Lot.
I.08 "Common Property" means and refers to the fifteen (15) foot private access road and
public utility easement over and across the Southerly fifteen (15) feet of the above
described parcel containing 0.22 acres more or less; together with utilities not conveyed
or dedicated to other parties, irrigation lines, sewage systems and any required Surface
Water Management System as located within the Property including the landscaping,
roadside, Swale, and drainage improvements proposed for construction and owned by the
Association within the Exhibit "A" Property. The Association shall provide for the
maintenance, repair and replacement of Common Property; subject to the Association's
right to assess the benefitted Lo co for all expense obligations incurred therein.
SER
1.09 "Utility Easement" s and re er 10) foot Florida Power & Light
Company Easemen icularly described I hed Exhibit "B".
1.10 "Articles" shall /me9A [NCO TION OF KONA KOVE
HOMEO a time amended as therein
provided.
I.11 "Bylaws" aha O KOVE HOMEOWNERS
ASSOCIATION, , as from time to ti vided in the Articles and the
Bylaws. �Q
ARTICLE II PROPERTY RIG 02 , t1 RC��
E C�.
11.01 Every Lot Owner shall be a member of the Association (as provided in Article IV of this
Declaration). Every member of the Association shall have a right and easement of
enjoyment in, and to, the Common Property, subject to the following:
A. The right of the Association to take such steps as are reasonably necessary to
protect the Common Property against the claims of third parties and to administer
and enforce the Association's obligations and duties set forth in the Roadway
Easement and Maintenance Covenant.
B. All provisions of this Declaration and the Articles and Bylaws of the Association.
C. Rules and regulations governing use and enjoyment of the Common Property
adopted by the Association.
ARTICLE III DECLARANT'S RIGHTS
QI.01 The Declarant hereby reserves the following rights, titles, easements, and interests:
A. "Association". The right to initially control the Association, until that right is
relinquished or expires as provided in the Declaration, Articles, and Bylaws.
DECLARATION OFCOVENANTS. CONDMONS & RESTRICTIONS
FOR KONA KOVE HOMEOWNERS ASSOCIATION. INC. PW 2 of 9
B. "Common Property". The right to construct and maintain the Common Property and
improvements therein.
C. "Enforcement". The right to enforce the terms and provisions of this Declaration by
any and all lawful means.
D. "Variances, Amendments". The right and authority to grant and approve exceptions
and variances from the restrictions contained in this Declaration and, to make
amendments to this Declaration, without notice or liability to any Owner or other
person, firm, or corporation. Exceptions or variances shall be permitted only to
accommodate unusual circumstances and the Declarant may not do so with respect
to any matters or things which may, from time to time, be the subject of regulation
by any Federal, State, or Governmental regulatory agency without the prior
approval of that agency. The Declarant's rights and authority is not intended to
allow the Declarant to entirely change the character of the development at the
Declarant's whim. It will be a iced in a manner so as to cause the development
to retain substantial) c contemplated in this Declaration and so
as not to destroy div int.
E. Owner or
/� is not t speeificalt� gr�ted to the Association or the
Owners or th./ �----,i� _ \
ARTICLE I
I.01 Every person o who is a record mPli o f a Lot, which shall also be a
Building Site, in the Declarant, at as he owns all or any pad of
the Property subj Declaration, steal r of the Association provided
that any such pe ( ti ty who hol merest only as security for the
performance of an obli on . Membership shall be appurtenant to,
and may not be separate fro property.
1.02 Voting rights in the Association will be, as am set forth in Sections 2 and 3 of the Bylaws
of the Association. In all events, however, Declarant may maintain control of the
Association until such time as two thirds of the Lots have been sold or conveyed to third
party purchasers.
ARTICLE II COVENANTS FOR MAINTAINING ASSESSMENTS
U.01 The Association will make, levy, and collect assessments made against LAS (as provided)
in the Articles and as follows:
U.02 "Liability for Payment". The Owners of a Lot at the time an assessment is made by the
Association against the Lot shall pay to the Association the amount assessed, together
with interest thereon at the maximum rate allowable by law, from the date due and
payable until paid in full, and the costs and attorneys fees incurred by the Association in
collecting delinquent assessments.
A. `Liens". There will be at all times a lien, charge, or encumbrance ("Assessment
Lien") against a Lot for the unpaid balance or assessments against that Lot, interest
thereon, and costs incurred by the Association in collecting the same, in favor of the
Association. Each person or entity acquiring a Lot, whether by deed, operation of
DSCIARATION OF COVENANTS, CONDITIONS & RESWICrIONS
FOR KONA KOVE HOMEOWNERS ASSOCIATION, INC. PW 3 of 9
- ---1 - 0--J
law, or otherwise will do so subject to the unpaid balance of the assessment lien
encumbering that Building Site by operation of this Declaration. The assessment
lien will, however, be subordinate to the lien of any institutional fust mortgage
encumbering the Lot.
An institutional mortgage is defined as a mortgage owned by any State or Federal
batik or savings and loan association or any life insurance company. Any
institutional first mortgagee in possession, a receiver, or purchaser at a foreclosure
sale of an institutional fust mortgage, or an institutional fust mortgagee that has
acquired title by deed in lieu of foreclosure, and the successors or assigns of such
purchaser or mortgagee shall hold title subject to the liability and lien of any
assessment becoming due after such foreclosure or conveyance in lieu of
foreclosure. Any unpaid assessment which cannot be collected through
enforcement of the Assessment Lien against any Lot by reason of the provisions of
this Paragraph V (B) shall be deemed to be an assessment divided equally among,
payable by, and an assessme a ainst all Lots subject to assessment.
B. "Annual Assess d -n of the Association (the "Board")
shall fix the , which shall be r is determined in accordance with
the projec fin of the Associa ' n, to which the decision of the
Board of D t 1 be i itive. The Association shall
annually pt am I s holders in the Corporation
at its Ann al ti of the Association, at which
assessme le i i s r s n s be mailed l st class "postage
prepaid". n I , the ould be slated:
THIS ASS MUST BXPONA KOVE HOMEOWNERS
ASSOCIATC., WTCYS FROM THE DATE OF
THIS BILL YMEVSD WITHIN FIFTY (50)
DAYS, A CLAT OF THIS ASSESSMENT
WILL BE RECORDM S OF COLLIER COUNTY,
FLORIDA WITHIN NINETY (90) DAYS OF THE DATE OF THIS BILLING,
AS PROVIDED BY THE BYLAWS OF THE KONA KOVE HOMEOWNERS
ASSOCIATION, INC. IF IT IS NECESSARY TO FILE SUCH A CLAIM OF
LIEN YOU WILL BE RESPONSIBLE FOR ALL COSTS THEREOF,
INCLUDING ATTORNEYS FEES AND RECORDING COSTS.
C. "Pro -Rata Share of Assessments". The common expenses of the Association shall
be allocated on the basis of five (5) Lots.
D. "Uniform Rate of Assessments". All regular and special assessments shall be at a
uniform rate for each of the five (5) Lots. Subject to the exceptions set forth herein,
the annual assessment, excluding any special assessments for maintenance, capital
improvements or repairs required under the Roadway Easement and Maintenance
Covenant, shall not exceed the following applicable amount: $25,000.00, The
maximum amounts of the assessments as set forth herein may be increased by an
affirmative vote of two-thirds (213) of the members of the Board and the written
consent of two-thirds (213) of the Lot Owners (excluding the Declarant).
E. "During Declarant Control". Until such time as the Declarant shall have lost or
relinquished the right to elect the Board of Directors of the Association, the
maximum amount of the regular assessment for any calendar year shall be
510,000.00 per Lot.
DECWtATIONOFCOVENANTS. CONDMONS do RESTRICTIONS
FOR KONA KOVE HOMEOWNERS ASSOCIATION, QVC. PW 4 of 9
ARTICLE I ARCHITECTURAL AND AESTHETIC CONTROLS
I.01 The architectural review and control functions of the Association shall be administered
and performed by the Architectural Review Board (the "ARB"), which shall consist of
three (3) members who need not be members of the Association. The Declarant shall
have the right to appoint all of the members of the ARB, or such lesser number as it may
choose, as long as it owns at least one (1) Lot. Members of the ARB, as to whom
Declarant may relinquish the right to appoint, and all members of the ARB, after the
Declarant no longer owns at least one (1) Lot shall be appointed by and shall serve at the
pleasure of the Board of Directors of the Association, A majority of the ARB shall
constitute a quorum to transact business at any meeting at which a quorum is present
shall constitute the action of the ARB.
1.02 No improvement of any kind including, but without limitation, buildings, fences, walls,
signs, site paving, grading, parking, building additions, screen enclosures, shall be
erected, placed, or maintained on unless approved by the Architectural Review
Board of the Association. VR COr
ARTICLE II RESTRICTION C
II -01 "Use Regulatio ". t
=guations
rty shall be limited to
those establish an n e ng promulgated with
respect to Colii r a g mental agency, as the same
now exists or as ame as otherwise limited heroin.
No noxious or o ve use may be made any t ivity carried on any Lot, nor
shale anything be thereon which ma u" by reason of unsightliness or
excessive emissionO , odors, liquid gases, t ation, fumes, or smoke.
1102 "Buildings". Residen ' it 1 y Lot included in the Property Shall
be consistent with an archi ved by the Architectuml Review Board
(ARB).
11.03 "Site Clearing". Site clearing shall be subject to the conditions promulgated by all
applicable governmental regulatory agencies regarding protected species survey and
preservation of indigenous vegetation.
11.04 "Landscaping" (retention of native vegetation is encouraged). Within thirty (30 days) of
the completion of any Building the landscaping installation shall also be completed. All
cleared areas shall be grassed, sodded, mulched or graveled with a type of material
approved by the ARB. Failure to maintain each Lot exotic free shall subject the owner to
an assessment by the Board of Directors to remove the exotics. The maintenance of all
landscaping and lawn care on each Lot shall be the responsibility of the Lot Owner.
U.05 "Unimproved Lots". Lot Owners shall regularly keep unimproved Lots presentable and
exotic free pummt to Association rules. No open storage of items on-site such as
trailers, boats, equipment, furniture, or building materials unless approval is obtained
from the Board of Directors.
11.06 "Easements". Each of the following easements and easement rights is reserved through
the Property:
DE CLARA77ON OF COVENAN73, CONDn IONS & RESTRICTIONS
FOR KONA KOVE HOMEOWNERS ASSOCIA770N, INC. PASC 5 of 9
A. "Access Easement". A roadway and access easement for ingress and egress
purposes is reserved across the Southerly fifteen (15) feet of the Kona Kove Lots,
containing 0.22 acres more or less, for the use and benefit of the Kona Kove Lots.
B. "Utility, Drainage, and Landscaping Easements". An easement for the installation
and maintenance of utilities (including without limitation, water, sewer, telephone,
electric power, etc.) and drainage facilities is reserved over, across, and under the
portion of certain Kona Kove Lots as shown on Exhibit "B.
C. "Use and maintenance of easement areas" shall mean no structure, planting, or
other material shall be placed or permitted to remain that may damage or interfere
with the installation and maintenance of the utilities, change the direction or flow of
drainage channels in the easements or obstruct or retard the flow of water through
drainage channels in the easements. The easement area of each Lot and all
improvements in it shall be maintained continuously by the Owner of the Lot,
except for those improvements for which a public authority, utility company or the
Association is respo I. R coU
11.07 "Vehicle Storage". . rs, motor homes, tractors, trailers, boats, or other
vehicles exce u ile5 ick -up trucks an may not be parked on any Lot
unless parked wi in
II.08 "Driveways". h v w I of crushed shell, asphalt,
concrete, brick, or suc o s I v by the ARB.
11.09 "Underground it ". All utilities prov to be by means of underground
transmission li es, and pipes. No ission lines or cables will be
permitted within opment without the val of the Declarant.
Off,
ARTICLE 1II GENERAL PROVISiO CSR
U1.01 "Duration and Remedies for Violation". The Restrictions of this Declaration shall run
with and bind the Property and shall insure to the benefit of and be enforceable by the
Declarant, the Association, or the Owner of any Lot or Building Site, their respective
legal representatives, heirs, successors, and assigns, for a term ending twenty-five (25)
years from the date of recording in the public records of Collier County, Florida, after
which time the Restrictions shall automatically be extended for successive periods of ten
(10) years unless an instrument signed by the then Owners of two thirds (2/3) of the
Building Sites has been recorded, agreeing to change or terminate the Restrictions in
whole or in part. Violation or breach of any conditions, covenant, or restriction herein
contained shall give the Declarant and/or the Association and/or Owners(s) of Lots in
addition to all other remedies, the right to proceed at law or in equity to compel a
compliance with the terms of the Restrictions, and to prevent the violation or breach of
any of them, and the expense of such litigation shall be home by the then Owner or
Owners of the subject Property, provided such proceeding results in a finding that such
Owner was in violation of the Restrictions. Expenses of litigation shall include
reasonable attorney's fees and court costs incurred by Declarant and/or the Association in
seeking such enforcement.
DECLARATION OF COVENANTS, CONDMONS & RLMIC170NS
FOR KONA KOVE HOMEOWNERS ASSOCLATION. INC. PAP 6 0[ 4
II1.02 "Notices". Assessment bills, budgets, amended budgets, and other materials and things
required by either this Declaration, the Articles, or the Bylaws of the Association, to be
sent or delivered to the Owners of a Lot will conclusively be deemed to have been
delivered to the Owner when either posted in the United States mail, postage prepaid and
properly addressed, or hand delivered to the last !mown Owner at his last !mown address.
It will be the responsibility of an Owner to notify the Association in writing of the
Owners name and address and any changes in either. in any event, the failure of the
Owner to receive any notice, assessment bill, budget, amended budget, or other materials
and things will not affect the validity or due date thereof if so posted or delivered.
HIM "Severability". Invalidation of any one (1) of these Restrictions by judgment or court
order shall in no way effect any other provisions which shall remain in full force and
effect.
IQ.04 "Amendment". This Declaration may be amended at any time upon the execution and
recordation of an instrument exe the Board of Directors of the Association,
provided that so long ast t ® of any Lot or any Property affected by
this Declaration, no tivc without Declarant's express
written joiner aaOnd , provided further, isle be amended without the
consent of the ers ty of the Lots ' in the Property; and, provided
further, that no ch t the water management system,
including the w r petty, may be made without
prior approval of e n District or the applicable
governmental nc h ing ' s P.
IR -05 "Usage".I
use of any
HIM "Effective Date".
Public Records of
the singular shanclu ti
lude all genders. Q
and the singular, and the
upon its recordation in the
111.07 "Declamnt's Rights and Responsibilities". The rights of the Declarant, as herein set forth,
shall be freely alienable by the Declarant and may be assigned, transferred, hypothecated,
or otherwise disposed of. Such rights, together with the responsibilities of the Declarant
hereunder, may be assigned to the Association. The Declarant shall have the right, at any
time, to approve in writing, insubstantial variances from the Restrictions and
requirements set forth herein, as the Declarant shall, in the Declarant's sole discretion,
deem reasonable.
DECLARATION OF COVENANTS, COMMONS & RESTRICTIONS
FOR KONA KOVE HOMEOWNERS ASSOCIATION, INC. Pie 7 or 9
IN WITNESS WHEREOF, the undersigned has hereunto set its hand this the Z�day of
r 92015.
DECLARANT:
WgOWSignatuie
Print Name Yo_ct r ke l
-/o' L
Witness Signature
Print Name
THE OHANA GROUP, LLC, a Florida Limited
IbMUty Company
By:
Randall L. Fre ' kson, Managing Member
_U0 L
V
r �
STATE OF FLORIDA 0
COUNTY OF COLLIER
G
o� T
The foregoing Declarati n of Covenants, Co ctions was acimowledged before me this
the Q& day of v , 2015 by Randall L. Fredrickson, as Managing Member of The
Oban Group, LLC, a orida Limited Liability Company ,who is null known to me or who
produced as identification.
(Aft Notary Sump)
WA&M 3 MdWe
IkSTAMOFROWA
V14rM?
DECLARATIONOFCOVENANTS,CONUMNS&RESiRt TIONS
FOR KONA KOVE HOMEOWNERS ASSOCIATION, INC.
L
'/ -
Notary Public Signature
Page 8 of 9
ASSOCIATION:
W i gnatuur�re .�
Print Name , e cC
Witness Signature
Print Name �f .'1.r:7 � i�c4 _
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Dec
tiT of
the day of
Kove Homeowners
to me or who produced
(Aix Notuy Stamp)
KONA KOVE HOMEOWNERS ASSOCIATION, INC.,
a Florida Corpora Not -for -Profit
Pe mdricic on, Vice Resident
2015 by Peggy A.
ka Florida Comm
O`
.�
MdMSJ Md"*
0.-� 9H�1T
kcimowledged before me this
Vice President of the Kona
Alt, who is personally (mown
as I c on.
E C� ALA
Notary Public Signature
AtF%;'16' to � r fv
Print Notary Name
DECLARATION OF COVENANTS. CONDrMNS k REMICi9pNS
FOR KONA [COVE HOMBOWN6RS ASSOCIATION. W. Page 4 a9
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BYLAWS
OF
KONA KOVE HOMEOWNERS ASSOCIATION, INC.
1. GENERAL. These are the Bylaws of KONA KOVE HOMEOWNERS ASSOCIATION,
INC., (the "Association"), a corporation not for profit organized under the laws of Florida for the purpose
of operating five (5) residential parcels located in Collier County, Florida, and known as Residences on
Kona Kove ("Kona Kove").
1.1 PrinciW Office. The principal office of the Association will be at 5383 Hawthorn
Woods Way, Naples, Florida 34116, or such other place as will be determined by the Board of Directors.
1.2 Seal. The seal of the Associ
year of its organization, and the words
or a facsimile of it, to be im , reproduced
writing of the corporation where a be required.
1.3 Definitions I
Articles of Incorporation of
Conditions, and Restrictions f<
shall have the same definition
Act"), as well as those in the
unless the context otherwise re
2. MEMBERS.
and Restrictions,
with the name of the Association, the
" The seal may be used by causing it,
�se placed upon any document or
abe\re to as "tile Bylaws"; the
Declaration of Covenants,
terms used in these Bylaws
hapters 617 and 720, ("the
provided in these Bylaws or
QW&I
2.1 Oualifrcations. The menib be the record owners of legal title to
a Parcel, as defined in the Restrictions. In the case of a Parcel subject to an agreement for deed, the
purchaser in possession will be deemed the owner of the Parcel for purposes of determining voting and
use rights. Membership will become effective upon the latest to occur of the following events.
A. Recording in the Public Records of a deed or other instrument evidencing legal
title to the Parcel in the member.
B. Delivery to the Association of a copy of the recorded deed or other instrument
evidencing title.
2.2 Voting. Each Member, including Developer, shall be entitled to one (1) vote for each of
the Parcels owned by such Member as to matters on which the membership shall be entitled to vote,
which vote may be exercised or cast by the Member in such manner as may be provided in the Bylaws of
the Association. The collective total Parcels for the allocation of voting interests is five (5) Parcels.
If more than one (1) person owns a Parcel, all such persons shall be Members of the Association;
provided, however, in no event shall more than one (1) person be eligible to vote with respect to each
Parcel. If more than (1) person, a corporation, or other entity owns a Parcel, they shall file a certificate
with the Secretary of the Association naming the persons authorized to cast votes for said Parcel. if the
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page i of 1 I EMbtt "D"
certificate is not on file, the Member shall not be considered nor shall the presence of a Member at a
meeting be considered in determining whether the quorum requirement has been met.
If a Parcel shall be owned by husband and wife as tenants by the entirety, no certificate need be
filed with the Secretary naming the person authorized to cast votes for said Parcel, and either spouse, but
not both, may vote in person or by proxy and be considered in determining whether the quorum
requirement has been met at any meeting of the members, unless prior to the meeting, either spouse has
notified the Secretary in writing that there is a disagreement as to who shall represent the Parcel at the
meeting, in which the certificate requirements set forth shall apply.
2.3 Approval or Disa roval of Matters. Whenever the decision or approval of a Member is
required upon any matter, whether or not the subject of an Association meeting, such decision may be
expressed by any person authorized to cast the vote of such Parcel at an Association meeting, such
decision may be expressed by any person authorized to cast the vote of such Parcel at an Association
meeting as stated in Section 2.2 of these Bylaws, unless the joinder of all record owners is specifically
required.
2.4 Chane of Membershi t(rn, Id val of the Association, as elsewhere
required herein, a change of me mbe Associate established by the new member's
membership becoming effective as, in 2.1 above. At t e the membership of the prior
owner will automatically terminatq
2.5 Termination of Me rsh in the Association does not
relieve or release any former mem fr m N it o bl a ' i d der or in any way connected
with the Association during the o h' e r or d ' s i i y rights or remedies which
the Association may have again teen ormer owner or m bera�rtsin*..Zo of or in any way connected
with such ownership and membe d the covenants an lig eo dent thereto.
3. MEMBERS' MEETINGS: O G. �
3.1 Annual Meeting. There wt 6 of the members in each calendar year.
The annual meeting will be held in Collier County, e , each year during the month of March ata day,
place and time designated by the Board of Directors, for the purpose or transacting any business duly
authorized to be transacted by the members. During the annual meeting all ballots cast in the annual
election of Directors will be counted and results announced.
3.2 Special Members' Meetings. Special members' meetings must be held whenever called
by the President or by a majority of the Directors, and may also be called by members having at least two
thirds (213) of the Voting Interests. The business at any special meeting will be limited to the items
specified in the notice of meeting.
3.3 Notice of Meetin sw Waiver of Notice. Notice of all members' meetings must state the
time, date, and place of the meeting, and include an agenda for the meeting. The notice must be mailed to
each member at the address which appears on the books of the Association, or may be furnished by
personal delivery. The member is responsible for informing the Association of any change of address.
The notice of all members' meetings must be mailed or delivered at least fourteen (14) days before the
meeting. If ownership of a Parcel is transferred after notice has been mailed, no separate notice to the
new owner is required. Attendance at any meeting by a member constitutes waiver of notice by that
member unless the member objects to the lack of notice at the beginning of the meeting. A person
entitled to receive such notice may waive notice of any meeting at any time, but only by written waiver.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 2 of l I Exhibit "D"
3.4 N ice of Annual Meetiu. Since there is no Association property which notices can be
posted, notices of the Annual Meeting shall be mailed or delivered at least 14 days and not more than 60
days before the meeting to the owner of each Parcel. An Officer of the Association shall provide an
Affidavit or United States Post Office Certificate of Mailing, to be included in the official records of the
Association, affirming that notices of the Association meeting were mailed or hand delivered to each
Parcel Owner at the address last furnished to the Association. Parcel Owners may waive notice of the
annual meeting.
3.5 Quorum. A quorum at members' meeting will be attained by the presence, either in
person or by proxy, of persons entitled to cast at least two thirds (20) of the Voting Interests of the entire
membership.
3.6 Vote Required. The acts approved by a majority of the Voting Interests cast at a duly
called meeting of the members at which a quorum has been attained will be binding upon all Parcel
Owners for all purposes, except where a greater or different number of Voting Interests is expressly
required by law or by any provision of the Assoc' eats.
R �0
3.7 PPwxy Voting. To the , any p ed to attend and vote at a members
meeting may establish his presence t his vote by proxy. r proxies will be used for votes
taken to waive financial statement u' amend the Dec[ io of Covenants and Restrictions,
and for all other substantive rs f r w e C ter l Flori Sta tes requires or permits a vote
of the members. General proxi or ural votes, and for non -
substantive amendments top sal f w h h i A proxy vote may be given
by any person entitled to vote, I i e s ' c g for which originally given
and any lawful adjournment of g, an o x vas ninety (90) days after the
date of the fust meeting for wh was given. Every ill ocable at the pleasure of the
person executing it. To be valid, must be in writi ed by the person authorized to
cast the vote for the Parcel, specify time and place of rng for which it is given, and the
original must be delivered to the or inted time of the meeting or
reconvening thereof. Holders of proxies o proxy will be valid if it names more
than one person as the holder of the proxy, but will have the right, if the proxy so provides, to
substitute another person to hold the proxy.
3.8 Adj reed Meetings. Any duly called meeting of the members may be adjourned to be
reconvened at a specific later time by vote of the majority of the Voting Interests present, regardless of
whether a quorum has been attained. Any business which might have been conducted at the meeting as
originally scheduled may instead be conducted at the continuance.
follows:
3.9 Order—f_Business. The order of business at members' meetings will be substantially as
A. Counting of ballots in election of Directors (if necessary).
B. Call of the roll or determination of quorum.
C. Reading or disposal of minutes of last members meeting.
D. Reports of Officers
E. Reports of Committees
F. Unfinished Business
G. New Business
H. Adjournment
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIAITON, INC.
Page 3 of l t Exhlblt" D"
3.10 Minutes. Minutes of all meetings of members and of the Board of Directors will be kept
in a businesslike manner and available for inspection by members or their authorized representatives and
Board members at all reasonable times and for a period of three (3) years after the meeting. Minutes must
be reduced to written form within thirty (30) days after the meeting at which they were taken.
3.11 Parliaments Rules. Roberts' Rules of Order (latest edition) will govern the conduct of
the Association meetings when not in conflict with the law, with the Declaration, or with these Bylaws.
The presiding officer may appoint a Parliamentarian whose decision on questions of parliamentary
procedure will be final. Any question or point of order not raised at the meeting to which it relates will be
deemed waived.
3.12 Action by Members Without Meeting. Except for the holding of the annual meeting, any
action required or permitted to be taken at a meeting of the members may be taken by mail without a
meeting if written ballots or other instruments indicating approval of the action proposed to be taken are
signed and returned by members having not less than the minimum number of Voting Interests that would
be necessary to take such action at a meet' of the total Voting Interests of the entire
membership, whichever is greater, unle a t by law. If the requisite number of
written expressions of approval are a Secre y (30) days after mailing notice of
the proposed action to the membe ,� solution passed by of Directors on the action so
authorized will be of full force an eff tion had n v by the vote of the members at
a members meeting held on th da of ti g. With' to (10) days after adopting the
resolution, the Board will send a rs who have not consented
in writing. Nothing in this para w 11 c i ti o me bens' rights to call a special
meeting of the membership, as 32 f 1 ips� If the vote is taken by the
method described in this Sectio is of Parte Own on ord the Secretary at the time of
mailing the voting material will dig ist of qualified voters _
4. BOARD OF `1
Board of Directors. All powers and d4
in the Declaration of Covenants, Condition
will be exercised by the Board, subject to
specifically required.
ofof the Association will be by a
Fclesb) law, as modified and explained
Incorporation, and these Bylaws,
,sent of the Parcel Owners only when such is
4.1 Number VA Tem of Seryke. While the Developer is in control of the Association, the
number of Directors which will constitute the whole Board of Directors will be three (3). In order to
provide for a continuity of experience by establishing a system of staggered terms, in the first election by
which Parcel Owners other than the Developer elect a majority of the Directors, the number of Directors
to be elected shall be three (3). The two (2) candidates receiving the highest number of Voting Interests
will be elected for two (2) year terms. The candidate receiving the next highest number of Voting
Interests will be elected for a (1) year term. Thereafter, all Directors will be elected for two (2) year terms.
A Director's terns will end at the annual election at which his successor is to be duly elected, unless he
sooner resigns or is recalled as provided in 4.5 below. Directors will be elected by the members as
described in Section 4.3 below, or in the case of a vacancy, as provided in 4.4 below.
4.2 Oualification§. Except for Directors appointed by the Developer, Directors may, but
shall not be required to be, either Parcel Owners, officers of a corporate Parcel Owner, or partners of a
partnership Parcel Owner. No Director (except those selected by the Developer) will continue to serve on
the Board after ceasing to meet those requirements.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 4 of 11 Exhlbii "D"
�•� ravr . v JiLJ
4.3 flections. On the day of each annual election the members will elect by written
ballot as many Directors as there are regular terms of Directors expiring, unless the balloting is dispensed
with as provided by law.
A. First . Within the time allowed for the Notice of the annual
meeting, the Association will mail or deliver, whether by separate Association mailing or included in
another Association mailing or delivery to each Parcel Owner or Member entitled to vote, a first notice of
the date of the election. Any Parcel Owner or other eligible person desiring to be a candidate may qualify
as such by giving written notice to the Association not less than fourteen (14) days prior to the annual
election. Candidates may also be nominated by any other method permitted by law.
B. Board Meeting. If required by law, not more than thirty (30) nor less than seven
(7) days before a schedule election, the Board will hold a meeting at which additional nominations will be
accepted. Notice of that meeting will be posted in the usual manner. Any Parcel Owner or other eligible
person may nominate himself or herself or may nominate another Parcel Owner from whom he or she has
written permission.
R cots
C. !Ain . W, ng is requ ors will be elected by a plurality of
the Voting Interests cast, provided i le voters with at tw (213) of the Voting Interests cast
ballots. Proxies may not be= n There w' I be in 'vid Is elections for each available
Director's position, itbeing in t in f Di ors ill be non -cumulative. Tie
elections will be broken by a m , o if there is no agreement, by
Parcel or by any other method a low la .
4.4 Vac xcevor ors i y Developer, if the office of
any Director becomes vacant for, a successor to unexpired term or terms will
be appointed or elected as follows:
A. If a vacancy is ' cation or resignation of a Director, a
majority of the re gh less than a quorum, will appoint a
successor, who will hol o r the remaining unexpired term.
B. If a vacancy occurs as a result of a recall and less than a majority of the Directors
are removed, the vacancy may be filled by appointment by a majority of the
remaining Directors, though less than a quorum. If vacancies occur as a result of
a recall in which a majority or more of the Directors are removed, the vacancies
will be filled as provided by law.
4.5 Removal of Directors. Any or all Directors except those appointed by Developer may be
removed with or without cause by a majority vote of the entire Voting Interests of the membership at any
meeting called for that purpose. If a meeting is held for the removal of more than one Director, the
question will be determined separately as to each Director sought to be removed. The meeting must be
held not less than fourteen (14) days nor more than sixty (60) days from the date that notice of the
meeting is given. Directors appointed by Developers may be removed from the Board of Directors at any
time, with or without cause, only by Developer.
4.6 Organizational Meetings. The organizational meeting of a new Board of Directors will
be held within ten (10) days after the election of new Directors, at such place and times as may be fixed
and announced by the Directors at the meeting in conjunction with which they were elected.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 5 of 1 I Exhibit "D"
4.7 Oilier Meetings. Meetings of the Board may be held at such time and place in Collier
County, Florida, as will be determined from time to time by the President or a majority of the Directors.
Notice of meetings will be given to each Director, personally or by mail, telephone or telegram at least
two (2) days prior to the day named for such meeting.
4.8 Notice to Owners. All meetings of the Board of Directors will be open to members.
Since there is no Association property or association property upon which notices can be posted, a notice
and agenda for each Board meeting will be mailed or delivered at least seven (7) days and not more than
30 days before such meeting to the owner of each Parcel. Notice of any Board meeting at which a non-
emergency special assessment or a rule restricting the use of Parcels is to be considered for any reason
will be mailed to each owner at least fourteen (14) days before the meeting, and an affidavit of mailing
will be retained as proof of mailing. Notice of any Board meeting at which a budget will be adopted or
amended will be given as stated in Section 6.2 below. The right of owners to attend Board meetings
includes the right to speak on designated agenda items, subject to reasonable rules of the Association
governing the manner, duration and frequency of doing so.
49 Waiver of Notice. Any
and such waiver will be deemed ec
meeting, no notice to Directors will,b
4.10 QuMm of Direct q a
all Directors are present in pe a
the Board, by a conference tel ph a all r i t
present can hear and speak to al I
presence in person at a meetin red rs may not
Board meetings, except that offic y be elected by
a meeting before or after the meeting,
If all Directors are present at a
ting w I e ' t when at least a majority of
y icipate in any meeting of
n a' e gement whereby all persons
by will be deemed equivalent to
cr proxy or by secret ballot at
4.11 Vote lteguired. The a' ved by a mOji Directors present and voting at a
meeting at which a quorum exists will actsof Directors, except when approval
by a greater number of Directors is requi uments or by applicable statutes. A
Director who is present at a meeting of the B I tc have voted in favor of any action
taken, unless he voted against such action or abstained from voting because of an asserted conflict of
interest. The vote or abstention of each Director present on each issue voted upon will be recorded in the
minutes.
4.12 Adjourned Meetings. The majority of the Directors present at any meeting of the Board,
regardless of whether a quorum exists, may adjourn the meeting to be reconvened at a specific time and
date. At any reconvened meeting, provided a quorum is present, any business may be transacted that
might have been transacted at the meeting originally as called.
4.13 The Presiding Officer. The President of the Association, or in his absence, the Vice -
President, will be the presiding officer at all meetings of the Board of Directors. If neither is present, the
presiding officer will be selected by majority vote of the Directors present.
4.14 Compensation of Directors and Officers. Neither Directors nor officers will receive
compensation for their service as such. Directors and officers may be reimbursed for all actual and proper
out-of-pocket expenses relating to the proper discharge of their respective duties.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 6 of 11 FAN* "1]"
4.15 Committees. The Board of Directors may appoint from time to time such standing or
temporary committees as the Board may deem necessary and convenient for the efficient and effective
operation of the Association. Any such committee will have the powers and duties assigned to it in the
resolution creating the committee. If a committee has delegated to it the authority to bind the Association
or act for and in the place of the Board, including the power to authorize the expenditure of funds, the
committee will hold its meetings and give notice of such meetings with same formalities as required for
Board meetings.
S. OMCERS
5.1 Off' e s and Filections. The executive officers of the Association will be a President, and a
Vice -President, who roust be Directors, a Treasurer and a Secretary, all of whom will be elected annually
by a majority of the Board of Directors. Any officer may be removed with or without cause by vote of a
majority of all Directors at any meeting. Any person except the President may hold two or more offices.
The Board may from time to time, appoint such other officers, and designated their powers and duties, as
the Board will fmd to be required to managea Association. If the Board so determines,
there may be more than one Vice-PresideR Qt
5.2 President. The 1
preside at all meetings of the
committees, will have general a
all orders and resolutions of the
contracts requiring seal of the A
and executed, and the power tc
agent of the Association.
5.3 Vjo President. Al
disability of the President, perform
Perform such other duties as the Boa
rill be the chief execu ' 12!
cer of the Association; he will
and rs bee -of io a member of all standing
e f the b siness th Association, and will see that
ecu bonds, mortgages and other
e ce h s i y law to be otherwise signed
e e Bo f ors to some other officer or
President in the niority will, in the absence or
and exercise th of the President; and they will
5.4 SecLeM The Secretary will at[ 3" a[ meetings of the Board of Directors and all
meetings of the members and will cause all votes and the minutes of all proceedings to be recorded in a
book or books to be kept for the purpose, and will perform like duties for the standing committees when
required. He will give, or cause to be given, notice of all meetings of the members and of the Board of
Directors, and will perform such other duties as may be prescribed by the Board or the President. He will
keep in safe custody the seal of the Association and, when authorized by the Board, affix the same to any
instrument requiring it. The Secretary will be responsible for the proper recording of all duly adopted
amendments to the Association documents. Any of the foregoing duties may be performed by an
Assistant Secretary, if one has been designated.
5.5 Tmasurer. The Treasurer will be responsible for Association funds and securities, the
keeping of full and accurate accounts of receipts and disbursements in books belonging to the
Association, and the deposit of all monies and other valuable effects in the name and to the credit of the
Association in such depositories as may be designated by the Board of Directors. He will oversee the
disbursement of the funds of the Association, keeping proper vouchers for such disbursements, and will
render to the President and Directors, at the meeting of the Board, or whenever they may requite it, an
accounting of all transactions and of the financial condition of the Association. Any of the foregoing
duties may be performed by an Assistant Treasurer, if any has been designated.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 7 of t I Exhibit "G"
6. 'FlUSCAL MATTERS. The provisions for fiscal management of the Association set forth in the
Association Documents will be supplemented by the following provisions:
6.1 U=sitory- The Association will maintain its funds in federally insured accounts in
such financial institutions authorized to do business in the State of Florida as will be designated from time
to time by the Board. Withdrawal of monies from such accounts will be only by such persons as are
authorized by the Board.
6.2 $ diet. The Board of Directors will adopt a budget of common expenses for each fiscal
year. A copy of the proposed budget and notice stating the time, date and place of the meeting of the
Board at which the budget will be adopted will be mailed to or served on the owner of each Parcel not
less than fourteen (14) days prior to that meeting. The proposed budget will be detailed and will show the
amounts budgeted by income and expense classifications.
6.3 Assessment. Regular annual assessments based on the adopted budget will be paid in
one annual installment, in advance,due on the January, each year. Written notice of each
annual installment will be sent to the me rsjs days prior to the due date. Failure to
send or receive such notice will not o ligate any annual budget has not been
adopted at the time the installment oEa year is due, it w umed that the amount of such
installment is the same as the l an t, and wi l be c nu at such rate until a budget is
adopted and pro rata assessmen are c at ylich tt any ov rag or shortage calculated will be
added or subtracted from each
6.4 S ial ma by the Board of Directors
when necessary to meet unu u xpec , un u r urring expenses. Special
assessthents are due on the day s in the resolutiono ving such assessments. The
total of all special assessments co ue in any fiscal y ll n fifteen percent (15%) of the
total annual budget for that year, reserves, unless ty of the Voting Interests fust
consent. The notice of any Board t will be considered will be given
as provided in Section 4.8 above; and the the assessment has been levied must
contain a statement of the purpose(s) of the assess a funds collected must be sent for the stated
purpose(s) or returned to the members as provided by law.
6.5 Fidelity Bonds. The President, Secretary and Treasurer, and all persons who are
authorized to sign checks, will be bonded in such amounts as may be required by law or otherwise
determined by the Board of Directors. The premiums on such bonds will be a common expense.
6.6 Accounting Records and Rem. The Association will maintain accounting records in
the county in which the Association is located, according to good accounting practices. The records will
be open to inspection by an Association member or the authorized representative of the member at all
reasonable tithes. The records will include, but are not limited to:
A. Accurate, itemized, and detailed records of all receipts and expenditures.
B. A current account and a monthly, bimonthly, or quarterly statement of the
account for each Parcel designating the name of the Parcel Owner, the due date
and amount of each assessment, the amount paid on the account, and the balance
due.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 8 of 11 ExhVah "D"
C. All audits, reviews, accounting statements, and financial reports of the
Association.
D. All contracts for work to be performed. Bids for work to be performed will also
be considered official records and will be maintained for a period of one year.
Within 60 days after the end of each fiscal year, the Board of Directors will mail
or furnish by personal delivery to each Parcel Owner a complete financial report
of actual receipts and expenditures for the previous 12 months.
6.7 Audits. A formal, certified audit of the accounts of the Association, if required by law,
by vote of a majority of the Voting Interests, or by a majority of the Board of Directors, will be made by a
certified public accountant, and a copy of the audit report will be available to all members.
6.8 Fiscal Year. The fiscal year for the Association will begin on the first day of January of
each calendar year. The Board of Directors may change to a different fiscal year in accordance with the
provisions and regulations from time to time pre lntemal Revenue Code of the United States
Of America.
7.
amend rules and regulations go%
and the Association's Property.
Owner. Any rule or regulatioi
promotion of health, happiness
enforced.
& CO—MPLIANCE AND
remedies available at law and in
Board of Direr , from time to time, adopt and
ntenance manag en and control of the Association
an ulatio wr l be furnished to each Parcel
ust be reasonably related to the
ii d ne and uniformly applied and
l�
the following
shall have all of the
8.1 Av ' ilit of Re f, his heirs, successors and aligns,
agrees to the forgoing provisions relati uui ment of violations regardless of the
harshness of the remedy utilized by the Assocra regardless of the availability of other legal
remedies. It is the intent of all members to give the Association methods and procedures which will
enable it to operate on a businesslike basis, to collect those monies due it and to preserve the majority's
right to enjoy the Property free from unreasonable restraint and annoyance.
4A 11 11) 1, rE iiOR r 1 i L !
9.1 Members' tors. When owners other than the Developer
own two thirds (2/3) or more of the Parcels, the owners other than the Developer will be entitled to elect
one-third (1/3rd) of the members of the Board of Directors. Parcel Owners other than the Developer
become entitled to elect a majority of the members of the Board of Directors upon the fust of the
following events to occur:
A. Three months after all the Parcels have been conveyed to purchasers; or
B. When some of the Parcels have been conveyed to purchasers and none of the
other units are being constructed or offered for sale by the Developer in the
ordinary course of business; or
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Page 9 of 11 Exhibit D"
C. Seven (7) years after the Declaration of Covenants and Restrictions was
recorded.
9.2 Devel2Kes Ri&bt to DesignateMembers of Board of Directors. Except as provided
above, the Developer will be entitled to designate at least one Director as long as the Developer holds for
sale in the ordinary course of business at least one of the Parcels.
9.3 Notice ofMembers' s. Within seventy-five (75) days after Parcel Owners other
than the Developer are entitled to elect one or more Directors, the Association will call, upon not less than
sixty (60) days notice, an election of the member or members of the Board that the Parcel Owners are
entitled to elect. The election will be held in conjunction with a special or annual meeting of the
members. The meeting and election may be called and the notices given by any Parcel Owner if the
Association fails to do so. All non -developer Parcel Owners may vote in the election of Directors. The
meeting in conjunction with which Parcel Owners other than the Developer first elect a majority of the
Directors is referred to as the "turnover meeting."
9.4 Developer's Ri tts. So jt�e W
course of business, none of the foil ons may
Developer. �j
A. Any ame larati
or the B law of - ion
rights.
B. Any ac ' it' tb
by the However, an
will not rued to be detrimen
Parcels for sale in the ordinary
tout approval in writing by the
and Restrictions, the Articles,
yersely affect the Developer's
to the sales of Parcels
for common expenses
9.5 Transfer f A trol. When Parcel ther than the Developer elect all
of the Directors of the Association, the of the Association and all property
of the Parcel Owners and of the Assoc Cr by the Developer and all items and
documents that the Developer is required to deliv over to the Association under Florida Law.
The Developer may turn over control of the Association to Parcel Owners other than the Developer prior
to the above-mentioned dates, in its sole discretion, by causing all of its appointed Directors to resign,
whereupon is will be the affirmative obligation of Parcel Owners other than the Developer to elect
Directors and assume control of the Association. Provided at least thirty (30) days notice of the
Developer's decision to cause its appointees to resign is given to Parcel Owners, neither the Developer,
nor such appointees, will be liable in any manner in connection with such resignations, even if Parcel
Owners other bran the Developer refuse or fail to assume control.
10. AKIA)MENII'S OF BYLAWS. Amendments to these Bylaws will be proposed and adopted
in the following manner:
10.1 Propgsal. Amendments of these Bylaws may be proposed by a majority of the Board or
upon written petition signed by at least twenty five (25) percent of the Voting Interests.
10.2 EWGejure. Upon any amendment to these Bylaws being proposed by said Board or
Parcel Owners, such proposed amendment or amendments will be submitted to a vote of the owners not
later than the next annual meeting for which proper notice can still be given.
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION. INC.
Pape 10 of 11 Exhibit "O"
10.3 Vote Required. Except as otherwise provided by law, or by specific provision of the
Association documents, a proposed amendment to these Bylaws will be adopted if it is approved at least
two-thirds (213rds) of the Voting Interests present in person or by proxy at any annual or special meeting
called for the purpose, provided that notice of the proposed amendment has been given to the members in
accordance with law.
10.4 Recording: Effective 2W. A copy of each amendment will be attached to a certificate
that the amendment was duly adopted, which certificate will be executed by officers of the Association
with formalities of a deed The amendment will be effective when the certificate and copy of the
amendment are recorded in the Public Records of Collier County, Florida. The certificate must identify
the book and page of the Public Records where the Declaration of Covenants and Restrictions was
originally recorded.
11. h flW LLAt ff=.
11.1 Gender. Whenever the
it will be construed to mean the masculh
11.2 Severabilfty.
remaining provisions of the in
11.3 Conflict. If an
interpretation of these Bylaws
Articles will prevail over the pr
iascul ar form of a pronoun is used in these Bylaws,
' ular or plural, as the context requires.
ti T.
portion hereof bei
main in full force and
The foregoing constitute rst Bylaws of KON O
INC., and were duly adopted at meeting of the B
2^jday of '^l
1
Dated this Uvjkday of 3+►1 S.
or become unenforceable, the
H
arise, with respect to the
s of the Restrictions or
WNERS ASSOCIATION,
of the Association on the
KONA KOVE HOME OWNERS ASSOCIATION, INC.,
a Florida Corporation Not -For -Profit
By:
Randall L.
Peggy E
President
Vice President
BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION, INC.
Paye 11 of 11 Exhibit "D"
ARTICLES OF INCORPORATION
OF
KONA KOVE HOMEOWNERS ASSOCIATION, INC.
(A Florida Corporation Not-For-PrnBt)
Pursuant to Chapters 617 and 720 of the Florida Statutes, these Articles of incorporation are
created by Joel A. Threlkeld, Esq., Threlkkelld & Associates, P.A., whose address is 2272 Airport Rd. S.,
Ste. 101, Naples, FL 34112, hereby incorporates this corporation not for profit for the purposes set forth
and, to that end, the undersigned, by these Articles of Incorporation, certifies as follows:
ADDRESS:NAME* MM AND MAUNG The name of the nonprofit corporation shall be KONA
KOVE HOMEOWNERS ASSOCIATION a +e d to as "Association", and the street and
mailing address of the Association is 53$3 aides, Fields 34116.
�Ov � vPURPO��
S is to provide an entity
pursuant to Chapters 617 and 7 , Fl S o the Common Property of
the Association and to oversee t f t d4m of Covmnts,
Condidomi and Reahiction>s ( coons or ceita real at 2100, 2110, 2120,
2130 and 2140 Curtis Strvet, Nap da 34116, County o !l' r ( idences'.)
The Association is orpa 1 exist on a Icon-st as a corporation not for profit
under the laws of the State of Flon' o of the Association shall be
distributed or inure to the private benefit o r officer of the Association. For the
acxomplishrnent of its purposes, the Association of the common law and statutory powers
and duties of a corporation not for profit, except as limited or modified by these Articles, the Covenants
and Restrictions, the Bylaws. ad the applicable provisions of the Florida Statutes, as they may hereafter
be amended from time to time, including without limitation, the following:
A. To contract and sue or be sued with respect to the exercise or non -exercise of the its powers;
B. To exercise all the powers and privileges and to perform all of the duties and obligations of the
Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions for
the Residences (the "Restrictions') now or herrsRrr recorded in Collier County, Florida Public
Records, as the same may be amended from time to time. All reruns used herein which are
defined in the Restrictions shall have the meaning herein as therein;
C. To own and convey, construct, reconstruct, improve, maintain, repair, replace, operate or
otherwise deal with the property and improvements of every nature or kind constituting the
Association's Common Properties.
71ds b tn—t Pm wed By:
Jad A. Thm&dd, Paq.
't>wmtd a: Assadw'a, PA
2272 Aitpon Rd s., SIL 101
NgAw, tgm34112
Ardft 4t tow"rado 4t
KONA KOVE t 0h=WN= ASSOCIATMN, M
Edmb t -C'
PW 10(6
D. To make and collect assessments against members of the Association to defray the costs,
expenses and losses of the Association, and to use the proceeds of assessments in the exercise of
its powers and duties.
E. To promulgate rules and regulations, and make, amend or rescind Bylaws for the Association;
provided that at no time shall the rules of Bylaws conflict with these Articles or the Restrictions;
F. To pay all taxes and other Assessments which are liens against the Association;
G. To own, protect, operate, maintain, and repair the Surface Water Management System, including
all retention areas, culverts and related appurtenances.
All funds and the title to all property acquired by the Association shall be held for the benefit of
the members in accordance with the provisions of the Restrictions, these Articles and the Bylaws.
PV
0•L-^ZflI00
A. The members of the rat' n sWMX all"
of the RESCES
termination of the iati
such termination.
B. The share of a membe funds and assets
transferred in any manner as an appurtenance
C. The owners of each Parcel, c shall be a
matters as set forth in the R
shall be as set forth in the Bylaws.
M&M: The term of the Association shall be perpetual.
of
C
iple interest in one or more
tions and Bylaws. Alba
are members at the time of
.on cannot be assigned or
Parcel.
V number of votes in Association
manner of exercising voting rights
BYLAWS: The Bylaws of the Association may be altered, amended or rescinded in the manner provided
therein.
AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner:
A. D=sgl. Amendments to these Articles may be proposed by a majority of the Board or upon
Mda lmtnmmt PBy: ArOdu ar hmpwada err
Joel A.7WdWK Esq. KONA [Ovt3 HOMEOwNFM ASSOCIATION, INC
75aeguk a: Aaaodmn, PA.
2272 AkW Rd. S., Ste. 101 Pik" 'C'
NapIM Florida 34112 Paas 2 of 5
petition of the owners of two thirds of the Parcel Owners by instrument, in writing, signed by
them.
B. �h Upon any amendment or amendments to these Articles being proposed by said Board
or Parcel Owners, such proposed amendment or amendments shall be submitted to a vote of the
members not later than the next annual meeting for which proper notice can be given.
C. Vote Required. Except as otherwise required for by Florida law, these Articles of Incorporation
may be amended by vote of a majority of voting interests at any annual or special meeting, or by
approval in writing of a majority of the voting interests without a meeting, provided that notice of
any proper amendment has been given to the members of the Association, and that the notice
contains a fair statement of the proposed amendment.
D. Effective Date. An amendment shall become effective upon filing with the Secretary of State and
retarding a copy in the Public Records of Collier County, Florida.
C
0 1*
OFFICERS. G
A. The affairs of the Asst
the Vice President, S
Assistant Treasurer(s),
the Turnover Dane, off
B. The Board shall elect the ' Vice President.
be elected from amongst rship of the Bc
The same person may hold re offices,
provided, however, the office o
person nor shall the office of Pres'
ARTICLE VIE
FIRST OFFI(=.
follows:
of Association, assisted by
c Maistant Secretu%ies) and
9t 4Dr officers elected prior to
spouses of Members.
The President shall
officer need be a Director.
which are not incompatible;
shall not be held by the same
by the same person.
The names of the officers who are to serve until the fust election of officers by the Board are as
President - Randall L. Fredrickson
Vice President - Peggy A. Fredrickson
Secr+etaryfrmasumr - Luke R. Fredrickson
'Ibis bldvmmt P1 By: Arocke dIrooep Mun d
Tod A. nnkdd, Esq. KONA HOVE HOMMOWNEM ASSOCIATION, INC
7bmMM do AemcWm P.A.
2272 AOM Rd S., Ste 101 Bdtba'+C'
Napks, PA nda 34112 P&p 3 of 6
• I;_ 14 • '
A. The affairs of the Association will be administered by a Board of Directors consisting of the
number of Directors determined by the Bylaws, but not less than three (3) Directors, and in the
absence of such determination, shall consist of three (3) Directors.
B. Directors of the Association shall be elected by the members in the manner determined by the
Bylaws. Directors may be removed and vacancies of the Board of Directors shall be filled in the
manner provided by the Bylaws.
C. The business of the Association shall be conducted by the officers designated in the Bylaws. The
officers shall be elected by the Board of Directors at its first meeting following the annual
meeting of the members of the Association and shall serve at the pleasure of the board.
FI._ • l_i PXL _.,
The initial Directors of
r Naples, FL 3411Waal
-f�
Y A. FREDRiCKso Q
113i Woods 1`�
LUKE R. FREDRICKSON
4666 Lakewood Blvd.
Naples, FL 34112
�TAWIJ-1 T41
M$S2LLTI'ION: The Association may be dissolved if not less than all of the bkmbers of the Board of
Directors adopt a resolution to that effect, such resolution is approved by Declarant for so long as it is a
Member, and not less than all of the Members of the Association, and a certificate of dissolution issued in
accordance with Section 617.1402, Florida Stmutes.
PL5MM0_1 OF ASSETS UPON DISSOLUTION: Upon dissolution of the Association all of its
assets remaining after provision for creditors and payment of all costs and expenses of such dissolution
shall be distributed in the following manner.
Mb Lmmmimc Prtparod By. ArdC1M d I•oarpWanM d
lad A.'ill ACK N. KONA KOVt3 HOMBOWNUS A88 MT10N, W—
lbrck d do Anodwm P.A.
2272 Amt ad S.. Sae. 101 EWA "C'
Naples. PA" 34112 Pap4 of 6
A. Property determined by the Board of Directors to the appropriate for dedication to an applicable
governmental agency or utility shall be dedicated to such agency or utility. In the event that such
dedication is refused acceptance, such property shall be granted, conveyed and assigned to a
nonprofit corporation, Association, trust or other orpniuttion to be devoted to purposes as neatly
as practicable the same as those to which they were acquired to be devoted by the Association.
B. ff not conveyed or dedicated to a governmental agency or utility, the Surface Water Management
System shall be conveyed or dedicated to a similar not for profit organization so as to assure
continued maintenance thereof.
C. Any remaining assets shall be distributed among the Members subject to the limitations set forth
herein, as tenants in common, each Member's share of the assets to be determined as may be
provided in the Bylaws, or in the absence of such provision, in accordance with his voting rights.
2POOSEK&UO& To the ful permitted by FIOI- Association shall indemnify
and hold harmless every Dire for ev of the Association all expenses and liabilities,
including attorneys fees, actually i onim in connection with any
legal proceeding (or settlement l h be a party because of his
oon
being or having ba Director or ma right of indemnification
shall not be available if a ju t i actions or omissions to
act were mate" to the camsmawdj
A. Willful misconduct or a " ' disregard foreof the Association, in a
proceeding by or in the nigh iation to proc in its favor.
U
O B. A violation of criminal law, unl onable cause to believe his
action was unlawful or had reasonable action was lawful.
C. A transaction from which the Director of officer derived an improper personal benefit.
D. Wrongful conduct by Directors or officers appointed by the Developer, in a proceeding brought
by or on behalf of the Association.
In the event of a settlemmnt, the right oo indemnificuion shall not apply unless the Board of
Directors approves such settlement as being in the best interests of the Association. The foregoing rights
of indemnification shall be in addition to and riot exclusive of all other rights to which a Director or
officer may be entitled.
The effective date shall be the date of filing of these Articles of Incorporation.
Ibis instrrarea~t Pupaed By: Araft of [s mProa n at
hd A. 7bldmK Eq. KONA KOV$ OONNOWNIMS AS9OCL47M OIC.
Unlizid & Associates, P.A.
2272 Anpart PAS.. Ste. 10[ FAbhk IC,
Naples. Florida 34112 Pqe S err 6
P'141
INCORPORATOR: The name and address of the incorporator is as follows:
Joel A. Threlkeld, Req.
TFUIELKLLD & ASSOCIATES, P.A.
2272 Airport Rd. S, Ste. 101
Naples, FL 34112
RREREFORE, the incorporator has caused these presents to be executed this the ��a��day of
+M� 2015.
A. Threllcdd, Ewjq , Tbrdkdd
located at 2272 Airport Rd. S,
i
C/
P.A., andis
Naples, FL 34112
Incorporator
for this oorporation is Jed
of the corporation shall be
Having been named to accept service of process for KONA KOVE HOMEOWNERS
ASSOCIATION, INC., at the place designated in these Articles of Incorporation, i hereby accept the
appointment to act in this capacity and agree to comply with the laws of the State of Florida in keeping
open said office. J
By: ...,.....0
ioe lire Esq., Registered Agent
This hoc== Pte M Br.
loaf A. nPJAd, Baq.
Thvg1mM & AM0dA t, P.A.
2272 AigM Rd. S., Ste 101
NIPIM P WI& 34112
Date: Y.,11 i .2 = i 5
Arddo Or bMPWSdW w
LONA LOVE MONEOWNRRS ASSOCIAT[W tlVC.
Ed T,
Pve b of G
statea f IFY
°�iaa
der#mei�i of Mair
I certify the attached is a hue and correct
KONA KOVE HOMEOWNERSW
on July 27, 2015, as shown
The document number
CR2E022 (1-11)
of the Articles of Incorporation of
;IIVC., a Florida corporation, filed
o
oF 1�Ga
THE CIRC
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Thirtieth day of July, 2015
VJk4.
Atu9pr4a K
furs of #Aft
rtmeiti of Owe
I certify from the records of this
ASSOCIATION, INC. is a ooqpo
Florida, filed on July 27, 20
The document number
I further certify that
December 31, 2015,
I further certify that
CRM022 (1-11)
that KONA KOVE HOMEOWNERS
;der the laws of the State of
'\'c
has not
this office through
Dissolution.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Thirtieth day of July, 2015
VRA*
'sm- tarq of estate
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
I, Luke Fredrickson (print name), as Managing Member (title, if
applicable) of (company, If applicable), swear or affirm
under oath, that I am the (choose one) owner= applicant contract purchaser yjand 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. 1 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 authorizeLuke Fredrickson 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. pros. 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
the facts stated in it are true.
6-20-2018
S' nature Date
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to (or affirmed) and subscribed before me on 6-20-2018 (date) by
Luke Fredrickson (name of person providing oath or affirmation), as
Managing Member o is personally known to w has produced
(type of identification) as identification.
STAMPISEAL Sia
-�„"r '•a, PEGGY A FREORICK8011
NW" Public - Swe of Florida
•� CWMnlscim 0 FF 901935
MY CoMMn. Exp�yM Jul 25. 21019
BordMd tl�1oi ff�M1 ffolnryr Alan.
CP108-COA-00115455
REV 3/24114
RMF -6
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2140 CURTIS STREET (LOT 1)
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-CENTER LINE = 4.575 MikY,D,
589'41'37"W 00001
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COMMENT5 SHEET
A-1
Owner:
OHANA
5383 HAWTHORN WOODS WAY
NAPLES, FL 34116
Developer:
SONRISE BUILDING COMPANY
5383 HAWTHORN WOODS WAY
NAPLES, FL 34116
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KONA KOVE
Construction Plans
Located in Collier County
SEC 11, TWP 50S, RGE 25E
Location Mai
JIiC
Index of Sheets
Own' No. 6escrlvllon_
1 OOVEN SNEF34KlYNFA <M RRIIWINIS
1 OMOEIOPaVM AW PRIFIAGF RW AND ER29mu.OMiSf'il
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CONSTRUCTION PIAN SUBMITTAL
SLB CONSULTING Revisions
OF SW FLORIDA. LLC
� Santlra t
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PO BOX 2na, RONITA SPRINGS FL 14133 FL Reg T1704
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SECTION A
i � a
L
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PROP.
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SECTION C
I!
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PAVEMENTSECTION
:I L.wwcX oAXL Nlwc
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OF SW FLORIDA, LLC lawx,PEB:
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EXISTING B PVC
SEWER LINE
INSTALWIDN
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EXISTING 2' COPPER
RATER LINE
MIN 3D- BELOW
EXISTING OROUNO
SECTION D
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AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2()(14-72, of the Collier County land Development Code,
did give notice by mail at least 30 days after receipt of letter indicating that the application is
suf7icient 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
properly owners shall he deemed those appearing on the latest tax rolls r f Collier Count), and any
other persons or entities who have made a formal request of the county to he nolifed. 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 ol'C'ompliance.
_Qftnature o cant)
L
State of Florida
County of Collier
I'he foregoing Affidavit of compliance was acknowledged before me this 8th day of
August—. 2018 by
known to me r who has produced
�*aturcf Notary Public)
Pew Fredrickson
Printed Name of'Notary
Luke Fredrickson
ho isrsonaJ ly
as identification.
PEGGY A FREDRICKSON
4? Notary Public • Stag of Florida
mmission ! FF 901935
mm, Expiraa Jul 25. 2019
Banded t"4 National Wry Assn
SONRISE
Building Company
August 8, 2018
Recipient
Dear Property Owner,
Please be advised that The Ohana Group, LLC has filed a formal application to Collier County for
a variance from the requirements of the Collier County Land Development Code (LDC) as they
apply to the following described property:
2140 Curtis Street located on the west side of Curtis Street approximately 550 feet north of
Carlton Avenue, in section 11, township 50 south, range 25 east, Collier County, Florida
consisting of 0.22 acres.
It is our intent to ask the County to allow us to reduce the minimum eastern front yard
requirement of 25 feet as per section 4.02.01 A Table 1, to 5.5 feet to allow for a single family
residence to be constructed on the property described above.
This letter is being sent to provide you notification of this variance request. Please feel free to
contact me or my staff with any questions or concerns. The County will be notifying you of a
formal public hearing date by mail, an advertisement within the Naples Daily News and signage
to be posted upon the property.
Sincerely,
Luke redrickson
President
Sonrise Building Company & The Ohana Group LLC
Sonrise Building Company 967 4th Avenue North Naples FL 34102 239-261-3433 Lic ## CBC 1257977
PL2018W01625
150'
Page 1.11
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LCHUNPT LEGAL
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BEWA. MICHAEL
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11
KELLY, JOHN
26M HORSESHOE DRIVE
NAPLES, FL 34104
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
VARIANCE APPLICATION
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 1 of 6
VARIANCE PETITION APPLICATION
Variance from Setbacks Required for a Particular Zoning District
LDC section 9.04.00 & Code of Laws section 2-83 – 2-90
Chapter 3 J. of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Applicant(s): ___________________________________________________________
Address: _____________________________ City: ___________ State: ________ ZIP: _______
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E-Mail Address: ________________________________________________________________
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.
To be completed by staff
William D. Toler 20-Year Qualified Personal Residence Trust and Deborah H. Toler 20-Year Qualified Personal Residence Trust
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(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. Number: 7 4435003307 Section/Township/Range:���
Subdivision: Southport on the Bay Unit: _1 _Lot:� Block: N/A
Metes & Bounds Description: _N_I_A _____________ Total Acreage: .48
Address/ General Location of Subject Property: 202 San Mateo Dr., Bonita Springs, FL, 34134
ADJACENT ZONING AND LAND USE
Zoning Land Use
N PUD Single-Family Residential
s PUD Single-Family Residential
E PUD Little Hickory Bay
w PUD Single-Family Residential
Minimum Yard Requirements for Subject Property:
Front: 1/2 Bldg. Height
Side 1/2 Bldg. Height
Rear: 1/2 Bldg. Height
Corner Lot:
Waterfront Lot:
Yes [i]
Yes [i]
No 0
No 0
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.
4/27/2018 Page 2 of 6
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
AERIAL LOCATION MAP
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community
¯
Bonita Beach Rd. SW
Bare
foo
t
Beach
B
lvd
To
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r
Southport Cove
Bayfront Dr San Mateo Dr
202 San Mateo Dr.
Aerial Map
Collier County
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
COVER LETTER/
NARRATIVE STATEMENT
202 San Mateo Drive
Cover Letter/Variance Criteria
Page 1 of 5
June 22, 2018
REVISED August 23, 2018
Mr. John Kelly
Senior Planner
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
RE: 202 San Mateo Drive Setback Variance
PL20180002054
Dear Mr. Kelly:
On behalf of William Toler (“Applicant”), enclosed please find a variance petition relating
to the minimum side yard setback at 202 San Mateo Drive (“subject property”). The
subject property is a 0.48+/-acre parcel developed with one (1) single-family detached
dwelling unit within the Lely Barefoot Beach PUD in northwestern Collier County. An aerial
exhibit depicting the project location is attached to this application.
REQUEST:
The Applicant is requesting the following variances from the zoning regulations set forth
in the Lely Barefoot PUD:
1) Variance from Section 10.5.4.B., which requires a minimum setback of 10 feet or
one-half the building height (18.8 feet), whichever is greater, for yards which abut
a public or private street right-of-way other than Lely Beach Boulevard; whereas
the Tolers are requesting a reduced north yard setback of 15 feet.
2) Variance from Section 10.5.4.C, which requires a minimum setback of 7.5 feet or
one-half of the building (18.8 feet), whichever is greater, for yards which abut
adjoining homesites; whereas the Tolers are requesting a reduced south yard
setback of 15 feet.
NOTE: The zoned building height is measured from the first finished floor to the mean
height level between eaves and ridge of gable, hip, and gambrel roofs. At the time of
construction of the existing residence, the first finished floor per FEMA requirements was
13.0 NAVD. This the where the measurement of zoned building height commences on
the enclosed building elevation drawing for the purposes of calculating the required
setback
202 San Mateo Drive
Cover Letter/Variance Criteria
Page 2 of 5
HISTORY/BACKGROUND:
The Lely Barefoot Beach PUD was last amended in 1985 per Ordinance 85-83. The
development regulations applicable to single-family uses on the subject property are set
forth in Section 10.5.4 on page 31 of the PUD document.
Section 10.5.4.B requires a minimum setback of 10 feet, or on-half the building height,
whichever is greater, between single family dwelling and the abutting street rights-of-
way.
Section 10.5.4.C requires a minimum setback of 7.5 feet or one-half of the building,
whichever is greater, for yards which abut adjoining homesites.
The existing dwelling unit was constructed in 2012 with a zoned building height of 30 feet
(measured from 13.0 NAVD), resulting in 15-foot setback from the northern property line,
abutting a private access easement; and a 15-foot setback from the southern property
line, abutting another homesite.
The Applicant is remodeling the existing single-family residence. The project includes the
enclosure of a rooftop deck area, which did not previously contribute to the total zoned
building height due to the exemptions to the building height measurement set forth in
LDC Section 4.02.01.
Enclosing this area, as shown on the Proposed Building Elevation Plans prepared by RG
Architects, results in a “new” zoned building height of 37.7 feet. As noted above, the
additional zoned building height increases the required setbacks for both the north and
south yards as set forth in the PUD. The resulting required north and south yard setback is
18.8 feet (an increase of 3.8 feet from the current 15-foot setback).
Through this petition, the Applicant is seeking variances from the regulations set forth in
Ordinance 85-83, to maintain the current 15-foot setback along the northern and
southern property lines, as the side yards cannot be expanded to the new required
setback of 18.8 feet due to the existing development on-site.
JUSTIFICATION:
The requested variances are appropriate as it would allow for the
improvement/remodeling of an existing structure on an irregularly shaped, waterfront lot
that is bound on two (2) sides by private access easements. The variance is also
appropriate due to the outdated PUD requirements that apply a multi-family yard
setback provision to a single-family lot.
It is important to note that no actual height is being added to the residence via the roof
deck enclosure, and the overall height of the structure from an aesthetics standpoint is
not being altered as shown on the drawings. Moreover, the proximity of the building to
the lot lines is not changing, i.e. the Applicant is not seeking this variance to expand the
building footprint.
Additionally, the Applicant has obtained a letter from the Southport Architectural Review
Board indicating their support of the proposed improvements.
202 San Mateo Drive
Cover Letter/Variance Criteria
Page 3 of 5
The following is a detailed analysis of this request’s compliance with the variance review
criteria set forth in LDC Section 9.04.03:
1. Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure, or building involved.
The language in the Lely Barefoot Beach PUD is unusual. It is not typical to require a
setback of one-half the building height for single-family dwellings. Applying multi-family
standards for single-family development is peculiar.
Also, the Property is a waterfront, corner lot and is a unique shape. The property is bound
on two (2) sides by San Mateo Drive, and one side by Little Hickory Bay. These natural and
built features create constraints on buildable area within the lot and are entirely unique
to this property.
2. 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.
The Property is within the Lely Barefoot Beach PUD which was first created in 1977, and
further amended in 1985. The PUD is outdated and existed before the applicant
purchased the property. The result of the outdated PUD regulations precludes the
Applicant from being able to enclose the rooftop deck, and making similar
improvements to upper stories that improve the value of the property. Additionally, the
unique shape of the parcel, and abutting natural and built features existed before the
Applicant purchased the land.
3. 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.
The language in the ordinance is unusual for this type of property. It is not typical for single-
family dwellings to comply with a setback that is half the height of their residence. This is
due to the fact that single-family homes are typically renovated over the life of structure.
The application of these requirements significantly limits the property owner from making
improvements due to the correlation between building height and side yard setbacks in
this PUD.
The Applicant is making relatively minor modifications to their residence, and the
modifications are triggering the antiquated provision within the ordinance. Thus, a literal
interpretation of the provision will put undue and unnecessary hardship on the Applicant,
as well as creating practical difficulties as the residence is already constructed.
4. 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.
The variances that are being requested are the minimum required to allow the property
owner to enclose the rooftop deck. The request is for a 3.8-foot reduction to the newly
required north and south yard setbacks. As noted above, the total building height is not
202 San Mateo Drive
Cover Letter/Variance Criteria
Page 4 of 5
being increased, and the existing setback is not being decreased via this request by new
ground-level building area.
Allowing this variance will meet the intention of the ordinance to maintain reasonable
separation between structures and property lines, and is the minimum variance needed
to allow the Applicant to make reasonable use of their land.
5. 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.
The antiquated language is unique to this PUD, and also unique to this property based
on the Applicant’s intent to remodel a rooftop deck, while maintaining actual building
height and the 15-foot north and south yard setbacks.
6. 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.
The total height of the building is not changing, and the existing yard setbacks are not
being reduced via this request. The zoning code’s intention was to maintain appropriate
separation between structures. By enclosing the rooftop deck, the Applicant is keeping
with the intent and purpose of the zoning, as it will not result in any impact on the
surrounding neighbors.
7. 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.
The proposed variances will not negatively impact natural preserves, waterbodies, lakes,
etc.
8. Will granting the variance be consistent with the Growth Management Plan
The variance requests are consistent with the goals, objectives, and policies in the Growth
Management Plan. Allowing the reduced 15-foot setbacks do not impact the provisions
in the GMP relating to density, intensity, compatibility, access/connectivity, or any other
applicable provisions.
Based upon the above analysis, the Applicant respectfully requests approval of this
variance petition. The approval will uphold the intent of the Land Development Code
and Growth Management Plan. The request complies with the variance review criteria,
and will not negatively impact compatibility, public health, safety or welfare.
202 San Mateo Drive
Cover Letter/Variance Criteria
Page 5 of 5
If you have and further questions, please feel free to contact me directly at (239) 405-
7777, ext. 207, or alexis.crespo@waldropengineering.com.
Sincerely,
WALDROP ENGINEERING, P.A.
Alexis V. Crespo, AICP, LEED AP
Vice President of Planning
Enclosures
cc: William & Deborah Toler
Nate Johnson, Potter Homes, Inc.
Richard Guzman, R.G. Designs Inc.
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
DISCLOSURE OF INTEREST
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
AFFIDAVIT OF
AUTHORIZATION
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
NIM/VARIANCE NOTIFICATION
LETTER & MAILING LABELS
August 23, 2018
RE: 202 San Mateo Drive Variance
PL20180002054
Dear Property Owner:
Please be advised that Mr. and Mrs. William Toler have made a formal application to Collier
County for a variance from the requirements of the zoning regulations as they apply to the
following described property:
202 San Mateo Drive
Southport on the Bay Unit One, Lot 30
The Tolers are remodeling their residence, which includes the enclosure of the small roof area in
the front of the house (approximately 420 square feet). This improvement requires variances to
the required north and south yard setbacks, as the modification impacts how the zoned building
height is measured.
Specifically, the Applicant is requesting the following variances from the zoning regulations set
forth in the Lely Barefoot PUD:
1) Variance from Section 10.5.4.B., which requires a minimum setback of 10 feet or one-half
the building height (18.8 feet), whichever is greater, for yards which abut a public or
private street right-of-way other than Lely Beach Boulevard; whereas the Tolers are
requesting a reduced north yard setback of 15 feet.
2) Variance from Section 10.5.4.C, which requires a minimum setback of 7.5 feet or one-half
of the building (18.8 feet), whichever is greater, for yards which abut adjoining homesites;
whereas the Tolers are requesting a reduced south yard setback of 15 feet.
Please note the proximity of the existing residence to the lot line is not changing. The Applicant
has obtained a letter from the Southport Architectural Review Board indicating their support of
the proposed improvements. Please be advised that we are interested in assuring you that our
request should not adversely affect your property interest. If you have any questions, please feel
free to contact me directly at (239) 850-8525 or alexis.crespo@waldropengineering.com.
Sincerely,
WALDROP ENGINEERING, P.A.
Alexis V. Crespo, AICP, LEED AP
Vice President of Planning
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
SITE PLAN
&'5+)054)
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
BUILDING ELEVATION
(EXISTING)
&'5+)054)
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
BUILDING ELEVATION
(PROPOSED)
&'5+)054)
202 San Mateo Drive Variance
VA-PL2018-0002054
Hearing Examiner Package
BOUNDARY SURVEY