HEX Final Decision 2018-19 HEX NO. 2018— 19
HEARING EXAMINER DECISION
PETITION NO. VA-PL20170001963— Segundo Benitez requests a variance from Section
4.02.01 A., Table 2.1 of the Land Development Code to reduce the minimum front yard
setback for a mobile home from 25 feet to 21.1 feet for the mobile home and 20 feet for the
staircase, located at 12 Henderson Drive, located on the south side of Henderson Drive
approximately one third of a mile south of U.S. 41 East, in Section 3, Township 51 South,
Range 26 East, Collier County, Florida, consisting of 0.14± acres.
DATE OF HEARING: September 13, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This application is for a front yard setback variance to allow a mobile home to remain with a
front setback reduced from the required 25 feet to 21.1 feet for the mobile home and 20 feet for
the staircase. This site has been previously improved by the applicant with the installation of a
new septic system. The mobile home and septic system were installed under separate permits.
The applicant provided testimony, supported by staff, that the septic system and drain field were
not placed according to the permit location, causing the need for the variance. The applicant and
staff provided photographs supporting their positioning, showing the mobile home is placed as
close as possible to the septic system.
There are residential lots within this neighborhood that are of a reduced size due to the earlier
created plat. Staff noted they are legal non-conforming and benefit from a reduced front setback
compared to the applicant's lot, which is a conforming lot. A survey supplied by the applicant
indicated that abutting lots are of less setback then the applicant's requested variance.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20170001963 filed by Segundo
Benitez, for a variance from LDC Section 4.02.01 A., Table 2.1 to reduce the minimum front
yard setback for a mobile home from 25 feet to 21.1 feet for the mobile home and 20 feet for the
staircase on property located at 12 Henderson Drive, Naples, Florida, as shown in the Site Plan
Map of Record Survey attached as Exhibit "A", and as subject to the condition(s) set forth
below.
[17-CPS-01744/1433884/1]36 1 of2
ATTACHMENTS: Exhibit A— Site Plan Map of Record Survey
LEGAL DESCRIPTION: Lot 13, Block G, Henderson Creek Park, according to the Plat
thereof, recorded in Plat Book 6, Page 8, of the Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
q -1g - tS
Date Mar Strain, Hearing Examiner
Approved s to fo and legality:
:Fig♦
Scott A. tone
Assistant County Attorney
[17-CPS-01744/1433884/1136 2 of2
EXHIBIT A
U 1
ri eto
•ZS G G KZy8 y�WKO h- VJ O
W
coo ro i g:�Y 8_;V9lgi9 2i mm , Ni� 1 W W�
88 O O Y
Z ~ yR� t<N 6 �j tw�g{gx O CII E_.......,
U . 1z u25 •s § ch ,n z t'o 5 C J#. s O
C7R� U k' $ ryg o x yy �.�i .i �� Q
0, w w a 3 olix..!...?-,
�€ * Q � 3a=�8o=8 ��d�mueclmta o [/p� . -
a x' 1 Napp Ow pw r n — N E 8
,ate [ § 1 &�$ <oa a 1p `°
• ri Z 0:90 'X' w gig 32 ° ,Fey i ti ; N d
E P: a W ia.t30 Yii
� II) N «ii IXe 0 &io < r B 2J2N77
z o w z� s �� 1z�, ts
i y, F— tNi Fez s g �g Q"W 7 g ep�t -o .2 O ;y'g§ i t ff '"$ 2 % b g uui
gz 0 sg c .� u o�o.o iii , ? 5 3 Z
q 8 !Va., 4gi 2, '
O R _ N .. - E J.: �ddci;®3 * I. J
N.
PP
C4
‘2.e s p~ :iPx
--. .5.- ..
O o Z c4
F-1
4 0 ar: d a Q rn
Ao a'
m R'
8 ,z sz 0E1
i = h II o
a 43.Jod a
ow
a, P4 ADIIAG
.►'►z Ipy ,„0—82! 111{{{
X`Zt
.o&' 0 podfoo N Iig 0
V-)oe ,LL/ .Micailgil.2 h 11 0
dd Ill 1 o
0 6fL.o z° z (v ,O9'l'8 7d $'9'z9 M OI,S IOO St 1 e S 3
® it ��
b
opz ` "u-� stdr� w
,
e 1 Q g
a. 11pp v1 U
1
b i;ro Pltir 6 e 1
ce IN
p r SNdi:r 1 1 �ro c7
L, a c3 2 co ,l'Iz 13,t.
1 J
'b b' : 2 � 1 p.% "'
ti V FY' I 41 J O
k I ! 1 roe
x ,..i 1 s . r i at --
oror (w) z4g M b0x
.. S11111114
.%% ( ,vz 'L; 11 „ 14
h
\'''epv4litt --.
b§ Ioingy c--z-
w F
gsl
0,S� o^ zh
i a... o
,0•IZ ays. a M
--- -'
Zw
o O
hi }cO Nawg8za =N
_ �NJ OP. ZtL)
OOEO NINIz1
dg8 0.3..J.,W
g g�v0ao
J