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Ex-parte - Taylor 02/28/2017 Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 28, 2017 BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 8.A. ***This item to be heard at 1:00 p.m.*** This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Resolution of the Board of Zoning Appeals of Collier County, Florida, for a Variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot within the Residential Single- Family (RSF-3) zoning district on property located at 342 Trade Winds Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida [VA-PL20160001181]. NO DISCLOSURE FOR THIS ITEM X SEE FILE ®Meetings ❑Correspondence ®e-mails ❑Calls Met with Patrick Neale (Patrick Neale & Associates) and George Marks (Kramer Marks) on February 9th and have exchanged emails back and forth since February 1, 2017 ' f's 4 ft tti'lLtIA-e- SUMMARY AGENDA 17.E. *** This item is being continued to the March 14, 2017 BCC meeting.*** This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20160003293, to disclaim, renounce and vacate the County and the public interest in a portion of the 10-foot drainage easement and vacate a portion of the 10-foot utility easement located along the rear border of Lot 50, The Lodgings of Wyndemere, Section One, as recorded in Plat Book 13, Page 8 of the public records of Collier County, Florida, located in Section 19, Township 49 South, Range 26 East, Collier County, Florida. X1 NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence Fie-mails jCalls GrecoSherry From: Judi Menard <khall©patrickneale.com> Sent: Thursday, February 02, 2017 12:54 PM To: GrecoSherry Cc: Karen Klukiewicz; Patrick Neale Subject: Variance 342 Tradewinds Avenue Attachments: 20170112 marks It reischl.pdf; 9A-VA-PL20160001181-342 Trade Winds Avenue -Staff Report.pdf Sherry- Karen is out of the office this afternoon. In her absence, attached please find a copy of the Staff Report and a copy of my letter of opposition with regard to the variance noted above. After Commissioner Taylor has reviewed the attached, please give Karen a call at this office, in the hopes of scheduling a meeting. Please let me know if you have any questions. Judi Menard Legal Assistant to Patrick H. Neale, Esq. ii()\* ` 9 Phone: 239-642-1485 Fax: 239-642-1487 Email: khall@patrickneale.com Email Service Address: email-service(apatrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. 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Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. 1 AGENDA ITEM 9-A C o eY County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: JANUARY 19, 2017 SUBJECT: PETITION VA-PL20160001181, 342 TRADE WINDS AVENUE PROPERTY OWNER/AGENT: Owner: Roxanne Stone-Jeske Agent: Matthew L. Jones Nancy D. Koeper Law Offices of Marc L. Shapiro, PA 342 Trade Winds Avenue 720 Goodlette Road North,Suite 304 Naples, FL 34103 Naples,FL 34102 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Variance from Section 4.02.03.A, Table 4 of the Land Development Code (LDC) to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck, and stairs on a waterfront lot within the Residential Single-family(RSF-3)zoning district. GEOGRAPHIC LOCATION: The subject property is located on Lot 11, Block M, of the Conners Vanderbilt Beach Estates Unit 2 subdivision, on the south side of Trade Winds Avenue, approximately 1000 feet west of Vanderbilt Drive in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the next page.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from LDC Section 4.02.03.A.,Table 4,stating that the minimum swimming pool and/or screen enclosure accessory setback for waterfront lots is 20 feet when the swimming pool deck exceeds 4 feet in height above the top of the seawall.The seawall on this property is 3.31 feet with a pool deck that is 9.9 feet. Thus,the pool deck is 6.59 feet above the seawall,which is 2.59 feet greater than what is permitted by the LDC. The applicant states that the pool and deck plans submitted to Collier County contained the pool deck elevation of 9.67 feet. The County issued a pool permit, PRBD2016010076701, with a rear accessory setback of 10 feet versus the required 20 feet. The applicant built the swimming pool, spa, and pool deck utilizing the 10-foot accessory setback requirements erroneously provided on the building permit rather than the required 20-foot accessory setback requirement. The pool deck encroaches 9.85 feet into the 20- foot setback and the stairs encroach 3.45 feet. VA-PL20160001181,342 Trade Winds Variance Page 1 of 7 .1 ® ® ® ®Ii®CI ® ®DII ® ® ®31 ® ® ®HUI ® ® ®Liiimainasmou mum 3I11.r. .L ItlelitINV iilliMNIMMOMMMIMIMMM1 0. ®e - 0 =® 0 - =Om 0 tt® © = 0 0 - = 0 0- 0 " � 0 m . =0 0" „® 0" _ ® 0" = 0 =0 m 0 " 0 = - e = 0 0 " . 8 0 " ® Q = ® 9 . "� 0- e . 0 ' - 0 e • a0 0 • ,e8 0- =YO • ® ea . ®, MI0. • . 0 =ZD 0 ; . @ 0 " � 0 " , 0 . 0 - =0 ©- 0 pp MI lignia ® O I ° ® ® Ili ...VI Ifi II a LV ,,, - e- VALI I V 8 1 I VI r; e ivii n ® . 0 R z . ® ® y O F ® . © = A ® ® �C ®0 giss LL O iv H C F® ® = F© ®vini N W 0 N In% J e® ®_ ° 11 ,12 i a Irl,.fto iii II 117 u. D rei to wil .irck Igi ® Nil CO li 112 ' ill 10 ...----------- 0 x cc 0 111113 Ili' -'-‘511:Pii® 1;111 .ig2 J m L: co N °- .Q -2 Z - C o j •tco o Q) (.11 �a I�gaaPuen `) Cnco e I I I 1 , ! -�.. co -- 2 s+ I ,a ti . • 0 o cD ` N Q r i J wcr Shore 0 - (1)1 u ." a CCo co c E U O o TRADE WINDS AVE. r-- 760'/X) 760.07'(C 1 -i'--7o-- 4 — — A+---=— ?- 75.Of• fG.PKNAI. IN PY1KT. iI t°' CUT.MOM 0.06'11. 'tFD.NAO. Q tD6E OP PVMT, !N YVMT c'+ OLE G 0 N 4, = G5 M M � ......-.— ,1 p 1 122'•R.G.i _,WV ri 598`04'10"W 75.00'(R) r5.(31'( ) s.P IMI c•P4M.... 4 I. 1 aWM `� Fig 459.52'S.,5.2g'P. + P'fM 5762" f o A.03' . .07'W I 4"Pv 5Tu6. OUT N (n [ &- flC 7,65 24.0' m m14.0' 765' b 0 8.05'm �.5 N N to w in 9.0' w 342 TRADE WINDS 4VE. A LO CK M C.B.S. 140uSE (under cnnsL.) Flrl. FLOOR eL1EV, 4-10.4 N o ere krt w it w u, 2.116' _ 'IA.n2.05' S. m ti 'r 111!•.? 15.0' h 4.3 '6' - x0.8' 5 rri l►, 2 10- l c_ 3.45 ft 5E4WALL 59,7' 9.8 ft 4'ulSil 1.31 7ta' eTA1NING WALL , t.- ALUM.PENCE i. S s,N 11 . a.6.1,95'WIPE CONE. SEAWALL GAP -- T - 1.14' 11 i Sbb°04'10"W 75.00'(R) 75,01 (MT 9ET PKtLf.14o • 1..E Fa kA cp ECONC.V. + SEAWALL ti W A TER W AY Accessory setback required by LDC 20ft Accessory setback shown on Building Permit 10 ft Additional encroachment by stairway 3.45 ft VA-PL20160001181,342 Trade Winds Variance Page 3 of 7 55.7` 1 4'Wit "r4. g ' Fnder so ® ALUM, FENCE ng F WALL GAP 1.14' 1 75.001M) 75.01 CM) -;:i- m. ,ET vRIL1.t4OL.E 0 a )141VP Of CNC. SEAWALL RAVE? ELEV. + 03.32 According to the survey, the applicant built the stairs 3.45 feet into the erroneously provided 10-foot setback. Per LDC 4.02.01.D.7 stairways shall not protrude over 3 feet into a required front, side, or rear yard of a single-family dwelling; the stairs were approved at the 3.45-foot encroachment. Please note that the building permits, for both the home(PRBD20150617253)and the pool, were permitted with inclusion of the stairs—as depicted on the survey. Overall,the applicant requests to reduce the setback from 20 feet to 6.55 feet. This petition was originally scheduled to be heard by the Collier County Hearing Examiner on October 27, 2016. Because of increased public concern, in accordance with Section 2-87 of the Code of Laws and Ordinances,this matter is being heard by the CCPC for a recommendation to the Board. SURROUNDING LAND USE&ZONING: SUBJECT PARCEL: Lot with a home under construction,zoned RSF-3 North: Trade Winds Avenue ROW, across which is a single-family home,zoned RSF-3 East: Single-family home,zoned RSF-3 South: Canal off Vanderbilt Lagoon,across which is a single-family home, zoned RSF-3 West: Single-family home,zoned RSF-3 "`or, _ ' , ,-i •i pi*e. , „ii. ,.. , . a , ilklimk iivi, ill i e' +R.i a1 '(‘'' , 7.' F ''', I 'A" ,,,f111". 7 VA-PL20160001181,342 Trade Winds Variance Page 4 of 7 GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Urban Mixed Use District land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned facilities are concentrated. The GMP does not address individual variance requests;the Plan deals with the larger issue of the actual use. 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 location,size and characteristics of the land,structure,or building involved? Yes. Per the applicant, the pool shell, retaining wall, and stairs are constructed. The applicant commenced construction under building permit, PRBD2015092870601, with an incorrectly permitted rear accessory pool setback of 10 feet versus the required 20 feet. The applicant used the incorrectly cited rear accessory 10-foot pool setback for the swimming pool,spa,and pool deck. The stairs off the pool deck do encroach 3.45 feet into the erroneously provided 10-foot setback;however, they were also permitted with the swimming pool, spa,and pool deck. 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? Yes. The applicant applied and received a pool permit from the County citing an incorrect rear accessory pool setback. The applicant utilized the erroneously approved setbacks unaware of any violations.Due to this error,the subject structure is currently encroaching 6.55 feet;more specifically, the pool, spa, and pool deck encroach 9.85 feet, resulting in a 10.15 rear yard setback, and the stairs encroach 13.45 feet, resulting in a 6.55-foot setback. 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. Per the applicant,the pool is already constructed and to abide by the required accessory 20-foot setback would require the applicant to remove the existing pool, redesign, and replace it at an estimated expense of$50,000. The applicant relied on the erroneously issued pool permit with a 10- foot rear accessory setback in constructing the existing pool structure and stairs. 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? No. A reasonable use of the land does not necessarily include a pool; however, the applicant relied upon the County-issued permit.Reconstruction of the pool to correct setbacks would create a severe economic hardship. 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? VA-PL20160001181,342 Trade Winds Variance Page 5 of 7 Yes.The applicant will be able to retain a decreased accessory rear yard setback for a pool deck that exceeds 4 feet in height above the seawall. However, it should be noted that the applicant relied on the County-issued permit which cited, incorrectly, the accessory rear swimming pool and/or screen enclosure setback. f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Staff has received objections to the requested Variance (attached) which state that the reduced rear setback would impact neighboring views, and set a precedent for future variances, among other objections. However, because a reduction in pool deck height of 2.59 feet would permit the pool to legally comply with the 10-foot setback,and signatures of no objection from property owners within the most impacted area were received,and because the setback was the result of a County error,staff is of the opinion that the variance will be in harmony with the neighborhood to the greatest extent possible. 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. The applicant states that variations in seawall height in this location do not create a uniform height for all houses and therefore create different pool deck height requirements over 4 feet of the seawall. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on December 30, 2016. RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition VA-PL- 20160001181,342 Trade Winds Avenue Variance,to the Board,with the following condition: • Upon demolition or destruction of 50 percent or more of the structure's assessed value, this Variance will be void and any new structure shall meet setback requirements at the time of issuance of a building permit. VA-PL20160001181,342 Trade Winds Variance Page 6 of 7 PREPARED BY: 41111i) /e� 'o2g-I6 FRED+ SCHL,AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: r? Ge I -cf RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING, 'VISION MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: JAMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT DAVID S. WILKISON,DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the February 14,2017 BCC Meeting. VA-PL20160001181,342 Trade Winds Variance RESOLUTION 17- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, FOR A VARIANCE FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. [VA- PL201600011811 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County,among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot, as shown on the attached Exhibit "A", in the Residential Single-Family (RSF-3) Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA-PL20160001181, filed by Jason Jenks of Jenks Builders, Inc. on behalf of Roxanne Stone-Jeske and Nancy D. Koeper, with respect to the property hereinafter described as: (16-CPS-01573/1310611/1140 Rev. 1/10/17 Pelilion no. VA-PL2016000118/ /342 Tradewinds Ave. Lot 11, Block M, CONNERS VANDERBILT BEACH ESTATES, Unit 2, according to the plat thereof recorded in Plat Book 3, Page 17, Public Records of Collier County, Florida. Folio No. 27585200007 be and the same hereby is approved for a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of , 2017. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: 'i+ :1/t-, Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Conceptual Site Plan [16-CPS-01573/1310611/1],10 Rev. 1/10117 Petition no. VA-PL20160001181 /342 Tradewinds Ave. 2 Ova Exhibit A 1 BOUNDARY SURVEY OF LOT 11,BLOCK`M',UNIT No.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN PLAT BOOK 3,PAGE 17.OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SUBJECT TO EASEMENTS,RESTRICTIONS ANO RESERVATIONS OF RECORD. l I , Fo.BMd4WSL"FM 3661" I215'(R7 1215.12'(M) p O•V'w.,14/41/8ELEV.+.3Z,85 C1 m FD.NAP-10.1( ' PEW.Cll mom /'^ TRADE WINDS AVE, 760'(X) 760.07'(0) ILI I ' ' fp.FA NMI.INFVMT- tJ 90.0 I cur-N_LE,0.06'W. 't FAs4it.NWT � 806E OF PV IN rm.col.-C7IMIIMEIZOMIIIII a, 1f0LE d _ D I 12•'R.L.P _ _� WV G ID 388'04'10"W 75.00'(R) 75,01'(C) " ) FIR4FA qq 1.... 6ADWM F1R4150.91'S.,O.YtI'E. FIM �Q.07'W. 4"o 5(U6.851' N % 03a i ° r w m e 2 UJ V sV 1 4 o�4' 765' 24.0' m In 14.0' 7:65' i..)'-' �' 4 IA mp o tar In 65'`' ci N •ksz '�" 9. 47 o' 41, tn :642 TRAD•!r WIMPS bVE. 8 L 0 C K M 0.5.5. HOUSE (under consL.l • FIN. FLOOR ELEV +10.4 ' W in a co '^ in u. NOTE t 20.6' 3. J m YIn PER CONTRACTOR,POOL/PATIO 2.00' a `1• K 15.0' " STEMWALL. IS AT A ELEV -O9.3 4.35'6' -_ 5E1 DRILLHOLE x ' IN FOP OF MC.SEAWALL- 59.7 4'N161( NAVD ELEI(+a3.31 0.9,5.RETAINING WALL .,«s ALUM.FENCE 7.65''1 6.0.4.lrAI S�+'I 1 1 . N.D;1 eenst Iii„ 1 I T 1.35'WIDE CONS.SEAWALL CAP ' r 1 `_I.14' 589°04'10'W 75.00'(12} 76.011(M) o',,. me \SET PRILLNOLE in RCMP OF ML-SEAWALL u• KAVL7 ELEV. 1-O5.32 d W n TER W AY • SCALE:1"=20' 6.5 •15roi,0815 025 1;010.92 vacaNT/NAVD et.ev f►u:: "Q BEARINGS EASED ON:E T5Avt WJNP5 AVE.AS 515'04'101V,PER RE(dW MA OATS ORDER FIELD BOOK REVISIONS BASED ON:NAVA 1505((RIN.ON FL.DNA CoL 29 IOM OMM4 SW. ROC' LOCATED IN FLOOD ZONE:AE flu') / 6.19.16 0516015 COIa•52 FOUNDATION/ELM#650r yR.4 Ka w""" .s. PER F.6R.M. DATED:3.161012 12021 C 0188 N 1218000 CO10.52 5TSMW4 L4 ELEV NDTEC.A... CERTIFICATE 441.PoUND I Iwob4 6:411, tl,d Ilo _boa0 6116th - . )' •(7� ,0.5138) hest su 0 food mats blr me a soy y . o. *oot rp:Jdon 6M m06b her nom. Lard a( VALID standard. a 6d f:N by U. Iloold0 Board oI ONLY D RED ITb V011 FL ibndrd61MN,Cod.,M6wwM„b helm 4T X)27�MMddo OMNI SURVEYS, INC. Fur IM iitim�,p„ I d:.�6u,�6,do�6 „in°6mna°dy`r�1 � �',;,”: 6) ornb000d w iN.. y p WTRb.zoni1k�76ry�_or t...dem ol'ode6urnb oIs ne6i. SEAL LB 6E8668401D1 �pIFE 14ifte 1/daSEL, 239) 939- 85AIREY - WINFAX 39 839-• 81 Ctt' SbodrthsfIbb P6 4888 TILTON COURT FORT MYERS,FL 33007 4 :0 'T'I'C) Nq{Op R°ybtruNan No 0243 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 „ • Ii t R i ne r.za¢j tfit j,,.€, '�y d) )Y'1` j' � t{ � aY``t 38� +m's ` s�.. a . .1� ,..Y� � FYx �ridyH F”' rt: 1161: .{�, } ,...a t-XY „ ,k ,\ . -a a j #, `�k• t F ri a '?se _..-— �, --- t ''4dka�+� * 5) 'S 1;ci 11 'rM PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED 3� irte` , c ^ a , i +' xxa' _ T z .wss'af Name of Applicant(s): Roxanne B1 Stone,jeske bancy Q.)(aspen as Joint Tenants with Full Riohts of Survivorship Address: 531 Turtle Hatch Lane _City: Naples State:Flnriria ZIP: 34103 Telephone: N/A Cell:239-450-1930(N. Koeper)Fax: N/A E-Mail Address: ryyc9lr114590aoi.com Name of Agent: Marc L. Shapiro,Esquire(See Attached Affidavit of Authorization) Firm: Marc L. Shapiro.P.A. Address: 720 Goodlette Road North, Suite 304CIty: Naples State: Florida ZIP: 34102 _ Telephone:a39-649-8050 Cell: Fax:N/A E-Mail Address: mionesOattornevshapirc.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/4/2014 Page 1of6 •.Gw_ Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Provide a detailed legal description of the property covered bythe application: if space is � p p p Y pp { p inadequate,attach on separate page) Property I.D. Number: 275R52nnnn7 Section/Township/Range: 29 / 48 1 25 Subdivision: Connor's Vanderbilt Beach Estates Unit: 2 Lot: 11 Block: M Metes& Bounds Description:Lot 11, Dock M.Connors Vanderbilt Beach Total Acreage: 91 .pltes (ding to the plat thereof recorded in Plat Book 3, Page 17, Public Records of eactasu +era r t location of Subject Property: 342 Trade Winds Avenue, Naples/Vanderbilt Beach Estates .� tea,` ` a .. h C 4 1 p {,.'ftp �;4; t 'S 1 ti .fig.m a "tips .R 1' .,awlik�F Zoning Land Use N RSF-3 ? Residential S RSF-3 Residential E RSF-3 Re, . W RSF-a Residential Minimum Yard Requirements for Subject Property: Front: 30' Corner Lot: Yes I No k Side: 7.5' Waterfront Lot: Yes KI No n Rear: 25' 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 k shp(s)Irr,ed!atel . 6/4/2014 Page 2 of 6 0%.la.INIA . aunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ni+.' y, ' a 3 r�-7.3 3+ 4 M .F ti d,1. 'i4+ ..d: � He° 5.5, i' . { Compiete_the_following for allregistered Association(s) that could be affected by this-p-etitiori Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspxjpage=774. Name of Homeowner Association: Not Applicable Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: g ,',v °` . XXL 71,„ T 3 4' � 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. 6/4/2014 Page 3 of 6 • 4,00k901400•••••ftslintY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllergov.net (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? ❑Yes itn No If yes,please provide copies. • 6/4/2014 Page 4 of 6 f 1 'r: County COWER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ' r> ,ar ' 7 ` ‘,44-7,,,,:,47,,,,s. -�j>!)„,•'' Prof,t -tr1 ia: a j' ,,, $,,,,v fi+:,t i}j 1” .x ,N, �ie''t ti 4,4.',...---,,,1:-:!,,..' ,x' . s -3 ; • iN',,,,,4A-- . � �P` � YCf �� � � � +� *1.# 1 tr�''. fp s'f�4 ki as.x.. 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. o ,t-, # � .. ,. *.47,..,, £'s Y 7-7 h QS + F 's" r- --'G -Ilk"-:...j 17,-.:--.-,...,..:A.,..._;,.....-,--,•,.,-,..0•• -4, • # � & . 0. ,,--.,-.;,.%-%-,.-:.'"','0. stI1as� ..."„,,„4.1,,,.. - a4 �t: `kt F .i,-+r' lm.�' -_,ld ur.,c;�,,! r-�` � I Completed Application(download current form from County website E( Pre-Application Meeting Notes 1 1111111111. Project Narrative U Completed Addressing Checklist 1 ■1111=11111■ Conceptual Site Plan 24"x 36"and one 8'4"x 11"copy Cl ■ t Survey of property showing the encroachment(measured in feet) 2 II of Authorization,signed and notarized 2 II • Deeds/Legal's 3 ` • Location ma. 1 U U Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated,FLUCFCS Codes with legend 5 LI 0 included on aerial Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 38 ' Once the first set of review comments are posted,provide the assigned Ei El 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 1 0 0 materials to be submitted electronically in PDF format. 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. 6/4/2014 Page 5 of 6 ftrosArtivii„,wooftwaiii.C4° CaMitY COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.coliiergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate If the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application_ -- ---- — Executive-Director Meeting Sign-In Sheet Sheet ❑ Addressing:Annis Moxam ❑ Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director U Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet ❑ Immokalee Water/Sewer District: ® Conservancy of SWFL:Nichole Ryan Parks and Recreation:Vicky Ahmad R❑ County Attorney's Office:Heidi Ashton-Cicko Transportation Pathways:Stacey cey o oro.Stacey nevay in❑ Emergency Management:Dan Summers;and/or r--1SchoolDistrict(Residential Components):Amy EMS:Artie Bay Heartlock Tr Engineering:Alison Bradford I - ❑ Transportation Planning:John Podaerwinsky I ❑ Other: ❑ Utilities Engineering:Kris VanLengen Y-� ` _ :.mow ^ #. r :' r x ,'_j}r I 1l'1 .s �rr ❑ Pre-Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 o Non-Residential-$5,000.00 o 5th and Subsequent Review-20%of original fee ❑ Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 ❑ After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 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 Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 /s/: Marc L.Shapiro December 16,2016 Applicant Signature Date Marc:I Shapiro Printed Name 6/4/2014 Page 6 of 6 4 4i • NATURE OF PETITION I. (BACKGROUND) As part ofthe construction of a single-family residence,the Applicants' general contractor, Jenks Builders, Inc., submitted plans, including various elevations, for a building permit and approval of a swimming pool and swimming pool deck located behind the property.' subJject The plans were approved and a swimming pool permit was issued. After completion of the work and after numerous inspections by County building officials, a neighbor contacted code enforcement and alleged that the height of the swimming pool deck above the adjacent seawall was violative of the LDC. Specifically,the current LDC mandates that a swimming pool deck be no more than 4' above an adjacent seawall. The seawall in question is at 3.31' NAVD. Four feet above this height would 7.31" NAVD. However, in its current configuration, the swimming pool deck is at 9.67' NAVD and thus, the swimming pool deck is 2.33' higher than allowed by code. LDC Section 4.02.03 A, Table 4 provides that in instances where the swimming pool deck is more than 4' above an adjacent seawall,the rear setback be a minimum of 20'.Thus,the Applicants are requesting a variance to decrease the rear setback form } 20'to 6.55'. u. (LDC Section 9.04.03,Subsections D,E,F and A Criteria for the Granting of Variances) • 9.04.03 D The variance if granted will be the absolute bear minimum required to effectuate the project. The variance will make possible the reasonable use of the land and structures located 'Given the property's side setback dimensions,the swimming pool deck stem wall and swimming pool shell had to be constructed and in place prior to the construction of the house foundation. Page 1 of 2 thereon. There will be no violation of standards regarding health, safety or welfare to any neighbors,adjacent properties and/or the public at large. �..� 9.04.03 E There will be no special privilege conferred upon to the Applicant should the variance be granted. An examination of the surrounding properties indicates other properties with similar • configurations. Additionally,the only alternative available to the Applicants is to remove and reconstruct the swimming pool deck and swimming pool stem wall. Given the interplay of the swimming pool stem wall,swimming pool deck and the foundation of the residence,this would be a very delicate project and would cost a minimum of $50,000.00. Such a situation would have a significant _. hardship on the Applicants and would constitute economic waste. Importantly, the situation the Applicants find themselves in is not of their making but rather, is the result of an innocent mistake made by county building officials. The swimming pool and swimming pool deck were repeatedly and properly permitted and approved as were all pilings and piling caps on which the swimming pool deck is built. 9.04.03 F If granted the variance will be in harmony with the intent and purpose of the LDC.No neighbors and/or their property will be injured. Although there has been a complaint by property owners across the canal and several house to the West,no harm will befall them. Their line-of- site is already obstructed by serval very large pool cages and any objections to the granting of the instant variance is simply not accurate and is disingenuous. Attached hereto is a letter duly signed by seven separate neighbors(on both sides of the canal) noting their respective non-objection to • the Applicants' variance petition. 9.04.03 H The granting of the variance will not be inconsistent with the County's Growth Management Plan. Page 2 of 2 • MARC L.SHAPIRO f 4' Mari, L� •NATALIE STARDSCHARt SEAN WHALEY The Law Offices ofPA. •720 Goonun-rs FRANK Raw NoRm,Suns 304•NAPLES,FLORIDA 34102 NAPLES:(239)649-8050•FORT MYEks:(239)4184010 FAx:(239)649-8057 W W W.ATIDRNEYSHAPIRO.Coh( December 16,2016 VIA ELECTRONIC MAIL TO fiedreischl®cojiergov.net __ - x ._ .. - -Mr:Fred•Reisclil;AICD _ ... . Principal Planner Collier County Growth Management Department 2885 Horseshoe Drive South Naples,Florida 34014 Re: Variance Application PL20160001181 Connor's Vanderbilt Beach Estates Unit 2,Block M,Lot 11 342 Trade Winds Avenue Dear Mr. Reischl: The following information and/or comments arerovided in p response relative to Ms. Rachel Beasley's August 8, 2016 Insufficiency Letter (hereinafter referred to as the "Letter"). Pursuant to the directive set forth at the end of the Letter,the information herein is responsive to j the various Staff comments. The various responses and are set forth in the same order as denoted in the Letter.For your ease of use and reference,I have excerpted each departmental comment as set forth in the Letter. REJECTED REVIEW: GRAPHICS- GIS REVIEW REVIEWED BY: JESSICA HUCKEBA CORRECTION COMMENT 1: Incorrect parcel number,should be 27585200007. The Initial Variance Petition Application(hereinafter referred to as the "Initial Petition") contained an Parcel Identification Number in the Property Information section.This has been corrected in the First Amended Variance Petition Application(hereinafter referred to as the "Amended Petition")which has been provided herewith. CORRECTION COMMENT 2: This should be RSF-3 for N,S,E and W. The Initial Petition juxtaposed the Zoningand Land Use designations as set forth gna in the Page 1 of 1 r, 4414 A 1 1 jig r eC http://maps.collierappraiser. ,m/webmap/output2/Collier_2016_sde0312444c9406320.jpg 6/15/2016 Mr.Fred Reischl,AICP December 16,2016 Page 2 of 5 Adjacent Zoning and Land Use section. The juxtaposition has been corrected in the Amended Petition which has been provided herewith . CORRECTION COMMENT 3: _---This-is-the STRAP number,should be metes and bounds description. _.. The STRAP number has been deleted and the full legal description of the property is set forth in Property Information section of the Amended Petition. CORRRk C FION t"O T 4: Map should be legible; also the site location is too far East.Parcel boundary should be outlined. A revised site map taken from the Collier County Property Appraiser's website is provided herewith. The revised map sets forth the parcel boundaries. CORRECTION COMMENT S: Block sold be M. The Amended Petition has been corrected to provide the correct Block designation REJECTED REVIEW: ZONING REVIEW REVIEWED BY: RACHEL BEASLEY CORRECTION COMMENT 1: Correct minimum yard setbacks for subject property: non-waterfront side yard setback is 73 feet and rear is 25 feet.Please note 2 things: 1.front yard is correct and 2.the rear is not 20 feet—this is because the 20 applies,in this case, to accessory swimming pool decks that exceed 4 feet in height above top of seawall. The Amended Petition now sets forth the correct setbacks. CORRECTION COMMENT 2: Please be consistent in measurement,more specifically 10ths of a foot. For example,in the Narrative of the Petition,you switch from decimal measurement to feet and inches. All measurements in the Amended Petition and the Narrative has been corrected to reflect measurement in decimals. II Mr.Fred Reischl,AICP December 16,2016 Page 3 of 5 CORRECTION COMMENT 3: As noted in County Attorney notes,please note that this is a variance from the required rear Yard setback of 20 feet for accessory pool decks that exceed 4 feet in height above top of seawall. Thus,keep in the description the narrative describing the height difference between the permissible 4 feet above seawall which makes the setback 20 feet rather than thel0.fee4._Thus,you are requesting a rear yard setback from the 20 feet to a-feet. -• - A revised Narrative has been provided herewith to indicate that the variance requested is in fact for a reduction in the rear-yard setback as opposed to a height variance for the pool deck. CORRECTION COMMENT 4: What is the measurement for the pool deck stairs to the seawall?What is width of the stairs?If the stairs are wider than 3 feet than you must request the rear yard setback from the stain and not the deck itself. The measurement from the outboard wall of the pool deck stairs to the seawall is 6.55'The stirs are 3.5'in width and thus it is understood that the requested rear yard setback must necessarily commence at the outboard wall of the pool deck stairs. REJECTED REVIEW: COUNTY ATTORNEY REVIEW REVIEWED BY: SCOTT STONE CORRECTION COMMENT 1: The Property Appraiser lists the owners as"Roxanne B.Stone4eske and Nancy D.Koeper, as joint tenants,"so please update the"Applicant Contact Information"section of the application accordingly. The Applicant Contact Section of the Amended Petition now states that the owners are Roxanne B. Stone-Jeske and Nancy D.Koeper,as Joint Tenants with Full Rights of Survivorship. CORRECTION COMMENT 2: Please also provide an Affidavit of Authorization from owner Roxanne B.Stone-Jeske,or other signed written evidence that she agrees/consents to this petition. Affidavits of Authorization from both IV is. Stone-Jeske and Ms. Koeper are provided herewith. CORRECTION COMMENT 3: Your application indicates the minimum side yard setback is 7'.However,according to LDC Section 4.02.01 A,Table 2.1,the minimum side yard setback is 10'for waterfront lots in the RSF-3 zoning district.Please have staff correct me if I'm wrong.Otherwise,please revise your application with the correct minimum setback requirement. Staff has indicated that the correct side yard setback is in fact 7.5'. Mr. Fred Reischl,AICP 1 December 16, 2016 Page 4 of 5 CORRECTION COMMENT 4: In your Project Narrative,under#3 please provide more detailed responses to criteria (d),(e),(f),and(h). A more detailed Project Narrative regarding the criteria for the granting of variances as set forth in LDC 9.04.03, Subsections D,E, F and H is provided herewith. CORRECTION COMMENT 5: As discussed at your pre-app,you are seeking a variance from LDC Section 4.02.03 A, Table 4 to reduce the minimum rear yard accessory structure setback line from 20 feet to 10 feet for a pool that exceeds 4 feet in height above the top of the seawall. However,your project narrative incorrectly indicates that you are seeking a variance for the pool height. Please revise your narrative to correctly and clearly indicate that you are seeking a variance from the setback require NOT the height requirement. As noted in the Respose to Ms.Beasley's Correction Comrrient 3 above,a revised Narrative has been provided herewith to indicate that the variance requested is in fact for a reduction in the rear-yard setback as opposed to a height variance for the pool deck.; CORRECTION COMMENT 6: Please provide a cleaner,more legible site plan that clearly labels the seawall,and shows the exact measurement from the pool to the seawall. A more legible site plan with the seawall labeled and the exact measurement from the pool to the seawall will be provided under separate cover. CORRECTION COMMENT 7: Please confirm with staff whether the rear setback should be measured from the pool deck,or the stairs(as indicated on your site plan).Please also depict and label the 20- foot rear setback line to demonstrate where the pool would have to be located in order to meet the minimum setback. Staff has confirmed that the rear setback must be measured form the outboard wall of the pool deck stairs.A revised site plan to provided under separate cover,will depict where the pool would have to located in order to meet the minimum setback requirement. CORRECTION COMMENT 8: The Warranty Deed you provided is not the most recent deed for this property. Please provide a copy of the most recent deed that accurately shows the current owners of the property. A warranty deed dated December 10, 2015 reflecting that the owners of the property are Roxanne B. Stone-Jeske and Nancy D. Koeper, as Joint Tenants with Full Rights of Survivorship is provided herewith. The Warranty Deed was recorded on December 22,2015 as Instrument • Mr. Fred Reischl,AICP December 16,2016 Page 5 of 5 Number 5209385 at Official Records Book 5226, Page 989, et seq., of the Public Records of Collier County,Florida. . CORRECTION COMMENT 9: .........____Pkase.provide a copy of the building permit/permit number for the pool-- - _.- A true and correct photocopy of the building permit for the pool is provided herewith. CORRECTION COMMENT 10: Additional comments may follow receipt of next resubmittal. No additional response by the Applicants is required at this time. REJECTED REVIEW: ADDRESSING-GIS REVIEW REVIEWED BY: ANNIS MOXAM CORRECTION COMMENT 1: On Conceptual Site Plan-The legal description is incomplete.The Block is M and Subdivision is Conner's Vanderbilt Bch Estates Unit 2. • A revised sit plan is provided herewith.The site plan includes a full legal description CORRECTION COMMENT 2: On Application-Property Information-the Parcel ID number is incorrect(it has one zero too many).Metes and Bounds Description-What's provided,that's the Strap Number. The Amended petition includes the correct Parcel Identification Number and additionally,contains a full legal description of the property. I believe the foregoing adequately answers the various concerns of the Insufficiency Letter. Please do not hesitate to contact me with any other question or concerns you may have. Very truly yours, Matthew L. Jones • i s AFFIDAVIT OF AUTHORIZATION FOR PETiTION NUMBERS(S) 1 t-»Z+ [[ [L4il ----i 1, n ck ArN C-i KC/fp a (print name), as 0 ‘.1.0 r1 e C I (title,If applicable) of (company, If a f,•licable), swear or affirm l under oath,that 1 am the (choose o e)ownerrapplicantEDicontract purchaser and that: t 1. l have full authority to ecure the approval(s) requested and to impose covenants and restrictions on the referenced prope ., as a result of any action approved by the County in accordance with this ___application and the La d Development Code;— - .- -----.___ . . _ . ____- --_-_. ,.. 2. All answers to the qua tions in this application and any sketches, data or other supplementary matter attached hereto and m:de a part of this application are honest and true; 3. I have authorized the taff of Collier County to enter upon the property dining normal working hours for the purpose of inve igating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subje¢;t to the conditions and restrictions krnp ed b the approvectlon. i 5. Well authorize - ‘,..4,,...n c le_•,.. p ,re, L- ► act as our/my representative in any matters recta .Ig this petitio��r]]][[[Including 1 though 2 above. t 4 f t Y t . '-tom , *Notes: ( j .' -w t—L . cs-aQ' ' • If the applicant is a corporation, , en It is usually executed by the corp. pres. or v.pies, • If the applicant is a Limited Lie'lily Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Comp.ny's "Managing Member." • If the applicant Is a partnership, :n typically a partner can sign on behalf of the ppsrtrership. • If the applicant is a limited pa i ership, then the general partner must sign and bei identified as the 'general partner"of the named partnersh'.. • If the applicant is a trust, then th y must Include the trustee's name and the words "a.trustees. • In each Instance, first determin: the applicant's status, e.g., individual, corporate, tiust, partnership, end then use the appropriate format forth:I ownership. Under penalties of perjury, I de lare that I have read the foregoing Affidavit of Authorization and that the facts stated in It are true. c jelt.),A _ LP-1"-)9 J16 S .nature — ' 1 Date i 1 STATE OF FLORIDA t COUNTY OF COLLIER 1 Th;r'•regoing instru nt swim to( affirmed)and subscribed before me on F A� J'e°L`t 'l by ♦ ., 41 - - - ?-e (name of person provide* •,th or affirmation), as who Is personally known t.a or who has produCpd, AM (type of identification)as identific.,'on. ;rit 4 • ..t , STAMP/SEAL °nature of Notary Public 0 1� E ti ` �EDITs a CNs-COA-00115\155 ' REV 3124/14 3 i i AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) ---D1-.2c91 6 00c)c) 3 .4)\e (print name), as b t.x.J,4-‘ Q. r (title,if applicable)of (company, If�as licable),swear or affirm under oath,that I am the(choose ,'ne)ownerippilcant[]coftract purchaser and that: 1. I have full authority to secure the approval(s) requested and to Impose covenants and restrictions on the referenced pro.:-i as a result of any action approved by the County in accordance with this _,_ _ application and the L , d Deveprnent Code; 2. All answers to the qu:stions in this application and any sketches, data or other supplementary matter attached hereto and -ads a part of this application are honest and true; ' 3. I have authorized the -taff of Collier County to enter upon the property dt)ring normal working hours for the purpose of inv:stigattng and evaluating the request made through this application;and that 4. The property will b= transferred, conveyed, sold or subdivided subj4ct to the conditions and restrictions impf¢��ed •j the approved .ction. t , 5. Well authortze'✓ I. . L. Jul _ t ,..;.. ,• act as our/my representative in any matters regale. g this petition including 1 • rough 2 above. `Notes: � flfl;t � ...)�,r. • if the applicant is a corption� I en it is usually executed by the corp.pros.or v,piss. • If the applicant is a Limited Lie lity Company (1.1.C.) or Limited Company (L.C.), her the documents should typically be signed by the Com..ny'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 pa nership, then the general partner must sign and ba identified as the `general partner"of the named partners ip. • If the applicant is a trust, then t ey must include the trustee's name and the words "as trustee°. • In each instance, first determi the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for teat ownership. Under penalties of perjury, I d:clare that I have read the foregoing Affidavit of i.uthorizagon and that the facts,,tated In It are t c. {f f' 117' 115Vt e-/9-4:24,0 F Signatu : Date F STATE OF FLORIDA COUNTY OF COLLIER /� , The f. !ping instrum; t ,- - to (or affirmed)and subscribed before me o . / 1 �D'�d ,eie)by 4, - , - - 1 AN / ' (namerson providi th or atlon), as who Is personaU known tp mea who has produced IINI (type of identitation)as identific;tion. 1 STAMP/SEAL. ff;,-ignature of Notary Public r i I 10314Qh�# 9 /f `1 ..-1.! PAY OF 1 664 t t� EXPIRES;Juty 9.201? .. # I 1 CP\oe-CoA-001151155 I j REV 3/24/14 ! i t( I i ANIMIllik1111111111111mon BOUNDARY SURVEY OF LOT 11,BLOCK'4 UNIT No.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN PLAT BOOK 3,PAGE 17.OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA SUBJECT TO EASEMENTS,RESTRICTIONS AND RESERVATIONS OF RECORD. ___________I 1, 1,1 TBM PD.PIE N 0.DISL'PSM 2467" 1215' (R ) (215.12'tM) D I O.IV W.,NAVP ELEV,+02.88 F4 Not w moo.ouroo. /' (TRADE WINDS AVE. A ,- 754'(K) T6AA7StLt _ . _,, W 79.01' _ dd.d' ? ME,,aaa.pi'Mei.. 1 NONArt owl - ,i.,.f a1 rata LW- gr M M44__ b WYNs imi 558'04.'10"W 75.00'(R) 75.01'(G) aru 0 Ir 403"" { a SAM i FIRa15d-92'S,o,29'E. 4"ww4laF ar J CC 9. I V W o CC "' m ret W O a d ''•6' ED 24.4' ',S,' Ism' T-65 0 o m o �o tar ^ '. nor 11) is .042 TRAP WIMPS AVE. n BLOCK 1M CBS. 470USE (urdf°r const..) "..i •FIN. 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C 1 tn I le) CU 0 -0 ...•. u, —, •—. ..s ,- 7 _----- I-- -J 0 03 LI Z tY o U E cu a w 0 a 0 7" < Z 0 4-- 4— o 0 0. • VI IA 4-+ 1.- 4-) C...) C]) 0.) 4-# 4.-+ •—.1 4-1 4-0 -0 Q) 01 —.1 --I (1) Collier County Growth Management l am writing to you about Petition NO. VA-PL20160001181. Codes and easements are in effect for a reason. 30 years ago Homes in Vanderbilt Beach were single story, Back walls of the Houses were 30' away from the Sea wall and at Ground Elevation. The area has progressed from Single story,to 2 stories, now 3 stories ( Max Height allowed)to rear set back to side set back. Home builders are building homes so big they are not allowing but 10' for a pool and deck.This is their choice to do so, now I see decks and pools trying to exceed the current set back. In this instance the pool and deck have already been constructed. I can understand if the deck exceded the set back by a little due to a miscalculation by the survey. But this is a gross error and not a minor setback violation 13.5'. But let's not overlook the height violation also. According to code the deck and pool cannot be over 4' above the seawall. This wall is 2'over the code, and with the water bowl pedestals over 3' above the code. I do not expect the home owner to know these codes and had trust in their Architect and General contractor's. There were at least 2 permits pulled to address this code. A permit was needed to build this house. The architect and General Contractor of record should have had the elevations on the signed and sealed plans submitted to the county. The architect and General contractor has the responsibility to know the building codes. A site plan, signed and sealed had to be submitted to the county with setbacks and elevations to the county. Whom ever did these plans has the responsibility to know the codes. A permit was needed to build the pool.The pool contractor had to submit signed and sealed plans to the county with elevations and setback dimensions. The pool contractor has the responsibility to know the building codes. I see many new homes going up in our area with every new home pushing the envelope to the max. I feel we cannot allow these violations to be approved. If so everyone will be attempting to seek a variance to do the same. Steve Emens Homeowner 331 Lagoon Ave Naples Florida 34108 ReischlFred From: BeasleyRachel Sent: Thursday, October 20, 2016 10:42 AM To: ReischlFred Cc: BellowsRay Subject: FW: 342 Tradewinds Variance FYI Original Message From: George Marks [mailto:GMarks@kramermarks.com] Sent:Wednesday,October 19, 2016 7:11 PM To: BeasleyRachel Cc:Steve Emens Subject: Re:342 Tradewinds Variance Rachel, Thank you for sending all of this information. I have spoken to a land use attorney concerning the "Precendent setting" issue of mine. As I feared, Florida law has allowed "precedence"as a basis of future variances. I will review the plans with you tomorrow at 3:30 in person just as a double check, but based on what I heard from the attorney we have no choice but to oppose the variance on the basis that one can not create their own hardship(by installing the pool improperly) as a basis of a variance.Additionally, since such a variance would be a basis for future variances, it regrettably does not give us an option if we wish to prevent future similar variances. See you tomorrow. Thank you, George E. Marks,AIA Kramer+Marks Architects 27 S. Main Street Ambler, PA 19002 215-654-7722 off 215-870/5543 cell >On Oct 19,2016,at 2:00 PM, BeasleyRachel <RachelBeasley@colliergov.net>wrote: >Good afternoon George, > > Per our conversation, I attach the Staff Report and the site plan. > Best, > Rachel Beasley > 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. 1 ><STAFF REPORT 342 Tradewinds Ave.docx><Site Plan 342 TRADEWINDS >AVE_SITE_8-22-16.pdf> 2 Arthur "Buzz" Victor 312 Lagoon Avenue • Naples,FL 34108 buzz.victor@gmail.com October 23,2016 Ms.Rachel Beasley,Planner Zoning Division Collier County,Growth Management 2800 North Horseshoe Drive Naples,FL 34108 RE: Zoning Petition No.VA-PL20160001181,342 Tradewinds Ave. Dear Ms.Beasley I am in receipt of the information sent to me as a nearby property owner regarding the above referenced zoning matter. Unfortunately,I am unable to personally attend the hearing,and therefore must register my opposition to the variance via this letter. It has been eleven years since I built my home on Lagoon Avenue,but I remember the process very well. There were any number of design features that I would have liked to construct,but I found myself constrained by the applicable codes and their restrictions. Those limitations were imposed for the good of the community as a whole. While,in the present circumstance,it is a shame that construction has proceeded to a point where it is costly to remove it,and that the infractions were missed by the controlling authority. This,however,is no reason to simply waive requirements with which the balance of the neighborhood has had to comply. I hope that the Board hearing the case will require compliance with the code. That is the proper decision. Sincerely, B v Arthur"Buzz"Victor i:b Letter of Petition in FAVOR of 342 Tradewinds Variance October 2016 Planning Commission and Board of County Commissioners We, the undersigned neighbors of 342 Tradewinds within the "impacted area" respectfully submit that we have NO issue with the pool variance being requested by 342 Tradet',inrl i. jri" . The new home under construction will raise the home values in our area, which is what any homeowner would welcome, and we do not contest the pool variance being requested. We are NOT an agreement with Mr. Marks and Mr. Evens in their position regarding the view or the style of the home and therefore submit that you approve the requested variance from 342 Tradewinds by Ms Jeske and Ms Koeper Respectfully, Signature, A Address j ic? / fre. pcd6 w-'nom rvo, 411/4 6:5-044_1( KatAktfryv EizetAd-elid P:oe"g(k.s5-16 (/ 3( PvE bb-dc C4)4t1 s e rn oas A;)s-C. 9e11_ ucei)„, 36,7 1,nca6 , Scanned .by CamScanner Cris fin a R. Marks George E. Marks 319 Lagoon Ave. Naples, FL 34108 October 20, 2016 Ms. Rachel Beasley, Planner Zoning Division Collier County, Growth Management Department 2800 North Horseshoe Drive Naples, FL 34108 RE:Zoning Petition No VA-PL20160001181, 342 Tradewinds Ave. Ms. Beasley, Thank you for taking the time on Thursday,October 20th to meet with me and review the Variance application for the petition noted above. After some thought and evaluation and conversations with other affected neighbors,we have no choice but to OPPOSE the request for variance for the sole purpose of defending the integrity of the existing"View corridor"which would be negatively impacted by the approval/granting of this variance by Collier County. We oppose this variance as it will impinge on the view corridor that currently exists and will encourage future violations by potentially creating an actual hardship for adjacent property owners. The violation of the required setbacks by 13.45 feet horizontally and 2.36 feet vertically is a GROSS violation of the zoning ordinance. The applicant has NO BASIS FOR A HARDSHIP and this violation does not qualify as a diminimus violation by definition of law. The required setbacks in the RSF-3 zoning district as per Collier County Land Development Code(LDC), Section 4.02.03.A Table 4 states that the minimum setback for an accessory use(swimming pool in this case) when the elevation of the pool deck exceeds 4'-0"above the seawall shall be 20'-0". The current placement of this pool encroaches on this allowable setback by 13.45 feet which places the pool deck within 6.55 feet from the seawall when 20'-0" is required. I have reviewed with you the Staff report and analysis in great detail and disagree with your assessment as noted below: a. Are there special conditions and circumstances existing,which are peculiar to the location, size and characteristics of the land,structure or building involved? The evaluation of any zoning or building application is predicated on the review of the site PRIOR to the construction of any permitted construction. No certificate of occupancy has been granted for this property,therefore the evaluation of this request for variance should be as if the building did not exist. Collier county failed to uphold the zoning code in their approval of the building permit and plans, however,every building application contains verbiage that puts the responsibility to comply with all building and zoning codes on the architects, engineers,contractors and property owners. A county created situation is not a basis for a variance. Mistakes happen all the time and the county should be upholding their responsibility to enforce the correction of the violation. It is clear that NO SPECIAL CONDITIONS exist as a basis for this variance. 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? The applicant, in this case the builder and/or their architect/engineer, built the structure in question in gross violation of the existing zoning code which they are required to follow regardless of the Collier County approval process. This is a self-created violation of the zoning code and the county should NOT be supporting this violation and request for variance. c. Will the literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? This application does NOT meet the definition standard of"Hardship"as defined by Zoning law and Collier County is remiss in their duties and responsibilities in supporting such an application. As a matter of law, the cost of$50,000 is not an acceptable basis for a hardship and should not be considered as a basis for the granting of a zoning variance. The fact that the applicant relied on the erroneously issued pool permit is not a material basis for a hardship or the granting of this variance. 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? No comment 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? Yes-The granting of this variance will absolutely grant a special privilege on this applicant not currently available to other properties within this district. This GROSS violation of the zoning code will create a hardship for adjacent property owners whose visual corridor is diminished by both the horizontal impingement of 13.45 feet and vertical violation of 2.36 feet and may become a basis for future zoning variance applications. This pool could have been created in the same location of the same size, with a correction of the stair location and width within the zoning standards thereby eliminating the need for this variance. f. 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? This condition is NOT IN HARMONY with the intent of the zoning code and is a gross impingement on the vision corridor that the zoning code is intended to protect. Additionally, the granting of a zoning variance should NEVER be for the purpose of"legitimizing" a gross violation of the zoning code as stated in the Staff report. This is true of any avoidable error whether created by the owner,general contractor,architect,engineer or in this case Collier County. This pool is currently under construction and a certificate of occupancy has not been, issued for this property and now is the time to correct this violation. No certificate of occupancy should be issued by the county until this is corrected. 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.? There are NO natural or man-made conditions negatively affecting this applicant. The staff's consideration of the applicant's argument that the variance in seawall heights is a legitimate consideration is seriously flawed. The applicant's seawall height is the highest level allowed by FEMA and is a standard set by Collier county. The variance in seawall heights is not a consideration in this instance as the applicant is already relying on the highest wall allowable and is still in violation of the Zoning ordinance. The current condition already exceeds the maximum allowable seawall height by 2.36 feet and would only be worse if a lower seawall existed,which is not the case in this instance. h. Will granting of this Variance be consistent with the Growth Management Plan? The staffs contention that the granting of this variance will not violate the Growth Management plan which is based on the zoning ordinance as a basis of the plan is negligent in the staffs assessment. Granting of this variance will be a GROSS violation of the zoning ordinance which is a key basis of the growth management plan. In summary,the granting of this variance should be denied on the following basis: 1. No legal hardship exists for this applicant to rely on as a basis of this variance and the variance must be denied on this legal basis. If the county makes the argument that they created a hardship for the applicant, which would be legally flawed,the county would be self-serving in thereby granting a variance to correct their error. 2. The pool design could have been constructed AND CAN STILL BE CONSTRUCTED in the current location with the exact same dimensions within the zoning ordinance by building the pool 2.36 feet lower and a variance would not be required. It would be negligent for the county to grant this variance when a viable solution was and is available to the applicant and the county without creating a hardship. 3. There were no existing special conditions or circumstances that would contribute to a hardship and thereby the variance should be denied. 4. The fact that the applicant states that it will cost$50,000 is not material to the consideration of this variance by law and the granting of this variance would confer permanent damage to the visual corridor of the neighborhood that the zoning ordinance exists to protect. 5. The granting of this variance will confer special privilege on this applicant not available to other property owners and would create/necessitate future hardships for adjacent property owners. A variance is not intended to provide special privilege on any property owner in violation of the zoning ordinance. Finally, should the county decide to act irresponsibly and approve this variance,we will file an appeal within the allowable appeal period and reserve our right to seek all legal options against Collier County for damages. Additionally, we will request that no further construction occur on the violating area of the property and we will seek an injunction to the issuing of a Certificate of Occupancy by the county until such appeal is heard and resolved. Please feel free to reach out to me or our attorney should you have any questions or wish to discuss this matter prior to the zoning hearing. Respectf Cy submitt-,', • Geotge E. Marks,AIA 215-870-5543 cell 215-654-7722 office ReischIF red From: Vincent Fantegrossi <vfantegrossi@aol.com> Sent: Monday, October 24, 2016 11:40 AM To: 'George Marks'; vanderbiltbeach54@yahoo.com; ReischlFred; BellowsRay Cc: 'Steve Emens'; 'Buzz Victor'; 'Gail Fantegrossi'; gbraddon@rochester.rr.com; grv3751 @aol.com; jpwood99@aol.com Subject: RE: 342 Tradewinds Zoning Variance opposition assistance-Vanderbilt Beach Residents Assoc Good Morning Mr. Reischl and Mr. Bellows, I am writing to echo Mr. Marks' concerns about the possibility of a variance being issued in the Tradewinds matter. I am most concerned about precedents being set. The entire Vanderbilt Beach area is in transition. It is clear that older, smaller housing inventory will be steadily replaced in the coming years through tear-downs and new construction. We all have abided by our zoning rules and it is important that those rules and regulations are not weakened by allowing unwarranted variances. My limited experience with the county inspection and regulation process has always been positive and I have been impressed with the attention to detail the county gives to all projects. I am confident that when given full deliberation, everyone will agree that the rules in place were established with good reason and should not be taken lightly or disregarded. Thank you for your consideration, Vincent V. Fantegrossi 254 Lagoon Ave. Naples, FL 34108 Mobile: 617-680-1125 1 T 239.642.1485 PAT RIC IK Naples: F 239 642 1487 \SALE 5470 Bryson Court Suite 103 E info@patrickneale.com Naples,Florida 34109 www.patrickneale.com `:,:.ASSOCIATES Mailing: Patrick H. Neale Marco Island(by appointment): P.O.Box 9440 950 North Collier Blvd.Suite 400 Naples,Florida 34101-9440 Attorney at Law Marco Island,Florida 34145 January 10, 2017 Mr. Fred Reischl Senior Planner Collier County Growth Management Department Zoning Division 2800 Horseshoe Drive Naples,FL RE: Petition VA-PL20160001181 —342 Trade Winds Avenue Dear Fred: I represent Mr. and Mrs. George Marks, the owners of 319 Lagoon Avenue,Naples,Florida 34108, property owners who will be substantially and adversely impacted by the variance requested in the above petition should it be granted. I also represent several other property owners in the area who will also be adversely impacted by the proposed variance should it be granted. My clients strongly oppose the proposed variance and disagree with the staff recommendation for reasons which will be set out below. This letter is to provide additional legal basis for the denial of the Variance. It is requested that this letter be provided to each member of the Planning Board prior to the hearing set for January 19, 2017. As the County is aware, the controlling case law for variances is Indialantic v. Nance, 400 So. 2d 37 (Fla. Dist. Ct. App. 5th Dist. 1981) as adopted by the Florida Supreme Court in Nance v. Indialantic, 1982 Fla. LEXIS 2530 (Fla. 1982). The standard set out in this case is that "[a] prerequisite to the granting of a hardship zoning variance is the presence of an exceptional and unique hardship to the individual landowner, unique to that parcel and not shared by other property owners in the area." There is nothing about the parcel or this landowner that is unique, other than the fact the County issued a building permit based upon plans that did not meet the standards set out in the Collier County Land Development Code. In the balance of this letter, I will comment upon the various criteria set out in LDC section 9.04.03 and incorporated into the staff report. a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Staff: Yes. Per the applicant, the pool shell,retaining wall and stairs are constructed. The applicant commenced construction under building permit,PRBD2015092870601,with an incorrectly cited rear accessory pool setback of 10 feet versus the required 20 feet. The applicant abided by the incorrectly cited rear accessory 10-foot pool setback for the swimming pool, spa, and pool deck. The stairs off the pool deck do encroach 3.5 feet into the erroneously provided 10-foot setback; however they were permitted with the swimming pool, spa, and pool deck. Opposing Position: The conditions and circumstances set out by the Staff are those caused by the actions of the petitioner. The failure of the petitioner to follow the Mr.Fred Reischl January 11. 2017 Page 2 of 4 requirements of the Building Code and Land Development Code does not constitute a special condition or circumstance that would give rise to grounds for a variance. 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? Staff: Yes. The applicant applied and received a pool permit from the County citing an incorrect rear accessory pool setback. The applicant proceeded, and followed, with provided setbacks unaware of any violations. Due to this error, the subject structure is currently encroaching 6.55; more specifically, the pool, spa, pool deck encroach 9.83 feet, resulting in a 10.17 rear yard setback, and the stairs encroach 13.45 feet, resulting in a 6.55-foot encroachment. Opposing Position: Any and all "special conditions and circumstance" result from the negligence of the applicant. The fact that a permit was issued does not excuse the applicant from compliance with the relevant laws. 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. Per the applicant, the pool is already constructed and to abide by the required accessory 20-foot setback would require the applicant to remove the existing pool and replace it at an estimated expense of $50,000. The applicant relied on the erroneously issued pool permit with a 10-foot rear accessory setback in constructing the existing pool structure. Opposing Position: The hardship was caused by the negligence of the applicant and/or their contractor. While it may create practical difficulties, that is not within the purview of the Planning Board or Board of Zoning Appeals to relieve the applicant from a problem of their own making. 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 applicant is only seeking the minimum variance which will allow the pool deck, pool, spa, and stairs to remain. Opposing Position: The property is still completely usable without the granting of the variance. The applicant will only have to construct the pool deck, spa and stairs in a manner that complies with the provisions of the Land Development Code. 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? Yes.The applicant will be able to retain a decreased accessory rear yard setback for a pool Mr.Fred Reischl January 11. 2017 Page 3 of 4 deck that exceed 4 feet in height above the seawall. However, it should be noted that the applicant relied on the County issued permit which cited incorrectly the accessory rear swimming pool and/or screen enclosure setback. Opposing Position: The basic principle of variance procedure as embodied in the LDC and the applicable case law is that a variance should NOT give the applicant any special privilege. This would provide the applicant with a special privilege and diminish the value of surrounding properties.The variance will impede the views of all surrounding properties and set a dangerous precedent which could allow other property owners to receive the same variance, thus making the LDC a sham. f. 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. Staff is of the opinion that the proposed Variance would legitimize the existence of the pool and pool deck that are currently under construction. Opposing Position: The staff is arguing that this will legitimize the existence of a non- conforming structure that has not been issued a certificate of occupancy and is in violation of the LDC. That is not in harmony with the general intent and purpose of the LDC. Further, this is injurious to the neighborhood in that it impedes, impairs and interferes with the views of the adjacent lot owners. 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. The applicant states that variations in seawall height in this location do not create a uniform height for all houses and therefore create different pool deck height requirements over 4 feet of the seawall. Opposing Position: The standard in the LDC is set so that there is uniformity in the elevation above the seawall. The height above the seawall is the standard. There are no conditions natural or physically induced which justify the granting of this variance. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. Opposing Position: The approval of the Variance will not impact the GMP. Based upon the foregoing response to the Staff Report and Recommendation and testimony to be presented at the hearing on January 19, 2017, my clients respectfully request that the Planning Board deny this application for a variance. The variance as requested does not meet the legal criteria for the granting of a variance. Mr.Fred Reischl January 11. 2017 Page 4 of 4 I appreciate this opportunity to present my clients' position and look forward to appearing at the hearing on January 19, 2017 to present these arguments to the Planning Board, respond to their questions and get my clients' testimony on the record.Please contact me if you have any questions or comments. Sincerely, 'atric H. eale Cc: Clients PHN/Ps GrecoSherry From: karen@patrickneale.com on behalf of Karen Klukiewicz <karen@patrickneale.com> Sent: Monday, February 06, 2017 4:18 PM To: GrecoSherry Cc: khall@patrickneale.com; pneale@patrickneale.com Subject: Registered: FW: Variance 342 Tradewinds Avenue Attachments: 20170112 marks Itr reischl.pdf; 9A-VA-PL20160001181-342 Trade Winds Avenue - Staff Report.pdf X This is a Registered Email® message from Karen Klukiewicz. Sherry— Can you please provide status on this? Mr. Neale would still appreciate the opportunity to meet with Commissioner Taylor this week. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen@patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 1 From:Judi Menard Sent:Thursday, February 02, 2017 12:54 PM To:SherryGreco@colliergov.net Cc: Karen Klukiewicz<karen@patrickneale.com>; Patrick Neale <pneale@patrickneale.com> Subject:Variance 342 Tradewinds Avenue Sherry- Karen is out of the office this afternoon. In her absence, attached please find a copy of the Staff Report and a copy of my letter of opposition with regard to the variance noted above. After Commissioner Taylor has reviewed the attached, please give Karen a call at this office, in the hopes of scheduling a meeting. Please let me know if you have any questions. Judi Menard Legal Assistant to Patrick H. Neale, Esq. Phone: 239-642-1485 Fax: 239-642-1487 Email: khall@patrickneale.com Email Service Address: email-service©patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. 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Click here to send a Registered Email® message to anyone. E 2 T 239.642.1485 PATRICK Naples: F 239.642.1487 E info�patrickneale.com L\EALE 5470 Bryson Court Suite 103 wwwpatrickneale.com t Naples,Florida 34109 AssoCIATEs Mailing: Patrick H. Neale Marco Island(by appointment): P.O.Boa 9440 950 North Collier Blvd.Suite 400 Naples,Florida 34101-9440 Attorney at Law Marco Island,Florida 34145 January 10, 2017 Mr.Fred Reischl Senior Planner Collier County Growth Management Department Zoning Division 2800 Horseshoe Drive Naples,FL RE:Petition VA-PL20160001181 —342 Trade Winds Avenue Dear Fred: I represent Mr. and Mrs. George Marks,the owners of 319 Lagoon Avenue,Naples,Florida 34108, property owners who will be substantially and adversely impacted by the variance requested in the above petition should it be granted.I also represent several other property owners in the area who will also be adversely impacted by the proposed variance should it be granted. My clients strongly oppose the proposed variance and disagree with the staff recommendation for reasons which will be set out below. This letter is to provide additional legal basis for the denial of the Variance.It is requested that this letter be provided to each member of the Planning Board prior to the hearing set for January 19,2017. As the County is aware,the controlling case law for variances is Indialantic v. Nance, 400 So. 2d 37 (Fla. Dist. Ct. App. 5th Dist. 1981) as adopted by the Florida Supreme Court in Nance v. Indialantic, 1982 Fla. LEXIS 2530(Fla. 1982). The standard set out in this case is that "[a] prerequisite to the granting of a hardship zoning variance is the presence of an exceptional and unique hardship to the individual landowner, unique to that parcel and not shared by other property owners in the area."There is nothing about the parcel or this landowner that is unique, other than the fact the County issued a building permit based upon plans that did not meet the standards set out in the Collier County Land Development Code. In the balance of this letter, I will comment upon the various criteria set out in LDC section 9.04.03 and incorporated into the staff report. a. Are there special conditions and circumstances existing, which are peculiar to the location,size and characteristics of the land,structure or building involved? Staff: Yes. Per the applicant, the pool shell,retaining wall and stairs are constructed. The applicant commenced construction under building permit,PRBD2015092870601,with an incorrectly cited rear accessory pool setback of 10 feet versus the required 20 feet. The applicant abided by the incorrectly cited rear accessory 10-foot pool setback for the swimming pool,spa, and pool deck. The stairs off the pool deck do encroach 3.5 feet into the erroneously provided 10-foot setback; however they were permitted with the swimming pool, spa, and pool deck. Opposing Position: The conditions and circumstances set out by the Staff are those caused by the actions of the petitioner. The failure of the petitioner to follow the Mr. Fred Reischl January 11. 2017 Page 2 of 4 requirements of the Building Code and Land Development Code does not constitute a special condition or circumstance that would give rise to grounds for a variance. 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? Staff: Yes. The applicant applied and received a pool permit from the County citing an incorrect rear accessory pool setback. The applicant proceeded, and followed, with provided setbacks unaware of any violations. Due to this error, the subject structure is currently encroaching 6.55; more specifically, the pool, spa, pool deck encroach 9.83 feet, resulting in a 10.17 rear yard setback, and the stairs encroach 13.45 feet, resulting in a 6.55-foot encroachment. Opposing Position: Any and all "special conditions and circumstance" result from the negligence of the applicant. The fact that a permit was issued does not excuse the applicant from compliance with the relevant laws. 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. Per the applicant, the pool is already constructed and to abide by the required accessory 20-foot setback would require the applicant to remove the existing pool and replace it at an estimated expense of $50,000. The applicant relied on the erroneously issued pool permit with a 10-foot rear accessory setback in constructing the existing pool structure. Opposing Position: The hardship was caused by the negligence of the applicant and/or their contractor. While it may create practical difficulties, that is not within the purview of the Planning Board or Board of Zoning Appeals to relieve the applicant from a problem of their own making. 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 applicant is only seeking the minimum variance which will allow the pool deck, pool, spa, and stairs to remain. Opposing Position: The property is still completely usable without the granting of the variance. The applicant will only have to construct the pool deck, spa and stairs in a manner that complies with the provisions of the Land Development Code. 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? Yes. The applicant will be able to retain a decreased accessory rear yard setback for a pool Mr.Fred Reischl January 11. 2017 Page 3 of 4 deck that exceed 4 feet in height above the seawall. However, it should be noted that the applicant relied on the County issued permit which cited incorrectly the accessory rear swimming pool and/or screen enclosure setback. Opposing Position: The basic principle of variance procedure as embodied in the LDC and the applicable case law is that a variance should NOT give the applicant any special privilege. This would provide the applicant with a special privilege and diminish the value of surrounding properties.The variance will impede the views of all surrounding properties and set a dangerous precedent which could allow other property owners to receive the same variance,thus making the LDC a sham. £ 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. Staff is of the opinion that the proposed Variance would legitimize the existence of the pool and pool deck that are currently under construction. Opposing Position: The staff is arguing that this will legitimize the existence of a non- conforming structure that has not been issued a certificate of occupancy and is in violation of the LDC. That is not in harmony with the general intent and purpose of the LDC. Further, this is injurious to the neighborhood in that it impedes, impairs and interferes with the views of the adjacent lot owners. 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. The applicant states that variations in seawall height in this location do not create a uniform height for all houses and therefore create different pool deck height requirements over 4 feet of the seawall. Opposing Position: The standard in the LDC is set so that there is uniformity in the elevation above the seawall. The height above the seawall is the standard. There are no conditions natural or physically induced which justify the granting of this variance. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. Opposing Position: The approval of the Variance will not impact the GMP. Based upon the foregoing response to the Staff Report and Recommendation and testimony to be presented at the hearing on January 19, 2017, my clients respectfully request that the Planning Board deny this application for a variance. The variance as requested does not meet the legal criteria for the granting of a variance. Mr.Fred Reischl January 11. 2017 Page 4 of 4 I appreciate this opportunity to present my clients' position and look forward to appearing at the hearing on January 19, 2017 to present these arguments to the Planning Board,respond to their questions and get my clients' testimony on the record. Please contact me if you have any questions or comments. Sincerely, atric H. eale Cc: Clients PHN/Ps AGENDA ITEM 9-A Co eY County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION-ZONING SERVICES SECTION HEARING DATE: JANUARY 19,2017 SUBJECT: PETITION VA-PL20160001181, 342 TRADE WINDS AVENUE PROPERTY OWNER/AGENT: Owner: Roxanne Stone-Jeske Agent: Matthew L. Jones Nancy D. Koeper Law Offices of Marc L. Shapiro, PA 342 Trade Winds Avenue 720 Goodlette Road North,Suite 304 Naples,FL 34103 Naples, FL 34102 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for a Variance from Section 4.02.03.A, Table 4 of the Land Development Code (LDC) to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck, and stairs on a waterfront lot within the Residential Single-family(RSF-3)zoning district. GEOGRAPHIC LOCATION: The subject property is located on Lot 11, Block M, of the Conners Vanderbilt Beach Estates Unit 2 subdivision, on the south side of Trade Winds Avenue, approximately 1000 feet west of Vanderbilt Drive in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the next page.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the petition is to request a reduction from LDC Section 4.02.03.A.,Table 4, stating that the minimum swimming pool and/or screen enclosure accessory setback for waterfront lots is 20 feet when the swimming pool deck exceeds 4 feet in height above the top of the seawall. The seawall on this property is 3.31 feet with a pool deck that is 9.9 feet. Thus,the pool deck is 6.59 feet above the seawall,which is 2.59 feet greater than what is permitted by the LDC. The applicant states that the pool and deck plans submitted to Collier County contained the pool deck elevation of 9.67 feet. The County issued a pool permit, PRBD2016010076701, with a rear accessory setback of 10 feet versus the required 20 feet. The applicant built the swimming pool, spa, and pool deck utilizing the 10-foot accessory setback requirements erroneously provided on the building permit rather than the required 20-foot accessory setback requirement. The pool deck encroaches 9.85 feet into the 20- foot setback and the stairs encroach 3.45 feet. VA-PL20160001181,342 Trade Winds Variance Page 1 of 7 ►11! ® ® ® ®II®per11® ® ® @CO ® ® ® G ® ® © ® 9 irrimimillnismR ®m © ® 0 = ® 0 = � p O O � m 0- ®R = ° 1 ® gyp . _® 0 • © 0 - R ® p . . @ p R p ' © R " © .„ 6 ID en O • A ® 0 • R ® 0- 1 YO ® 0 0' ik)e e- ®, •0 In R O p - R ® I Q �> s© �. [/�' e °- ®L Q h ® O A Mr in�t�+( In® ' rg 1:1 P RI "1 riti _ids . F A ® ®, R Q Y Z A ® ® R C �C W LA O 0 = ® 0 1 R ,/� ,a R 1 ° N Rm� N V m ® - ® ® W O wr inmcn © I tY O ,IM J ® c Pe till tiri % ,.., wi to 0 W- Irl Rif .@ IN l-- CO A mA 0ami lig sis,,,,,,,frii � x 0 R ® Li IL N ii ro ID L I ! z o0 fo co ( + o CV EL � , I U 0_ o I I N' � 1:1C1 1.1 ga�apuan a) o m I I I C13 co 1 I _� 5, i L IQ) C to \ 1 +a til Ca N i U Jcn SireGOA OR of � Z I W H 2 ", a oec v d O. J c oE 0 O 0 TRADE WINDS AVE. —41—_ } _ r-- 750_d tt l 760.07"(C) —� 75.0 f' i i ftr.PK NAI. IN OVMT. 10. I CUT•HOLE,0,06'W, k CD.ICAO. ED&E OP PIMA T. _ MI ?VMT a e o N to = NDLE 14.5 .....—.=-_---_ __---....==—• _' I2 R,G- 1Ip Wv .a 565`04:10"W 75.00'(R) 75.41'(G) b S.P 1:iRA9"PSM.... SWM RRA 5 0.52'5.,0.29'E . 4 PSM 5762" 0 0,081.1,,0.07'W. I I 4"Puf 9u8- OuT C" in C7 6 I 7,65' f� 24.0' 14.0' 765' pm 0 b is o 6.0V 5 o N 6 to to ` v, 9.0' to ti to 342 TRADE WIMPS 4VE. V ; LOCK M C.B.S. f1OUSE (under cnn5L.) FN. FLOOR ELEV 4-10.4 w 0 m L, to w u, at 0 20.6' thv.'2.05"4{� 5' ta an * 15.0' 14] 4.35'67tr, - 40.e' A.8' r 3.45ft 5EAWAL. 5g7' 9.8 ft 4'ufbil � 1 z . RETdiNINb wait ALUM.PENCE 42. � ii tr..wf.�snii k 1\ .._.3_ . WIDE COW. 4EAWALL GAP T I.I4' 11 56e°04'10^W 75.00'CR) 75.01 (M) ;`% m 9ET PICL'L40LE st ►NTGP OE GONG.SEAWALL L` HAW ELEV. +03.32 .6 W ATER W A ? Accessory setback required by LDC 20ft Accessory setback shown on Building Permit 10 ft Additional encroachment by stairway 3.45 ft VA-PL20160001181,342 Trade Winds Variance Page 3 of 7 ti K) 59.7` 4'ut6u - ALUM, FENCE -73,747-iti-Ars n....._ , trader'oor:5f WALL LAP l 1.14' f 75.00'fRl 75.01 CM) 'ET uTttt.t.t+D1,E 0 Q m To) Of ONC. 5EAWALL NAVV ELEV. + 03.3Z According to the survey, the applicant built the stairs 3.45 feet into the erroneously provided 10-foot setback. Per LDC 4.02.01.D.7 stairways shall not protrude over 3 feet into a required front, side, or rear yard of a single-family dwelling;the stairs were approved at the 3.45-foot encroachment. Please note that the building permits, for both the home(PRBD20150617253) and the pool, were permitted with inclusion of the stairs—as depicted on the survey. Overall,the applicant requests to reduce the setback from 20 feet to 6.55 feet. This petition was originally scheduled to be heard by the Collier County Hearing Examiner on October 27, 2016. Because of increased public concern, in accordance with Section 2-87 of the Code of Laws and Ordinances,this matter is being heard by the CCPC for a recommendation to the Board. SURROUNDING LAND USE&ZONING: SUBJECT PARCEL: Lot with a home under construction,zoned RSF-3 North: Trade Winds Avenue ROW, across which is a single-family home, zoned RSF-3 East: Single-family home,zoned RSF-3 South: Canal off Vanderbilt Lagoon, across which is a single-family home,zoned RSF-3 West: Single-family home,zoned RSF-3 L ..se- . , *lilt ,.., loll ti i 1 a 1101 46,44 ' , , ir J ~ may "!t'�`r• _ I . ,•• V •41 VA-PL20160001181,342 Trade Winds Variance Page 4 of 7 GROWTH MANAGEMENT PLAN(GMP)CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Urban Mixed Use District land use classification on the County's Future Land Use Map (FLUM). The purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned facilities are concentrated.The GMP does not address individual variance requests;the Plan deals with the larger issue of the actual use. 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 location,size and characteristics of the land,structure,or building involved? Yes. Per the applicant, the pool shell, retaining wall, and stairs are constructed. The applicant commenced construction under building permit, PRBD2015092870601, with an incorrectly permitted rear accessory pool setback of 10 feet versus the required 20 feet. The applicant used the incorrectly cited rear accessory 10-foot pool setback for the swimming pool,spa,and pool deck. The stairs off the pool deck do encroach 3.45 feet into the erroneously provided 10-foot setback;however, they were also permitted with the swimming pool, spa,and pool deck. 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? Yes. The applicant applied and received a pool permit from the County citing an incorrect rear accessory pool setback. The applicant utilized the erroneously approved setbacks unaware of any violations.Due to this error,the subject structure is currently encroaching 6.55 feet;more specifically, the pool, spa, and pool deck encroach 9.85 feet,resulting in a 10.15 rear yard setback,and the stairs encroach 13.45 feet, resulting in a 6.55-foot setback. 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. Per the applicant,the pool is already constructed and to abide by the required accessory 20-foot setback would require the applicant to remove the existing pool, redesign, and replace it at an estimated expense of$50,000. The applicant relied on the erroneously issued pool permit with a 10- foot rear accessory setback in constructing the existing pool structure and stairs. 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? No. A reasonable use of the land does not necessarily include a pool; however, the applicant relied upon the County-issued permit. Reconstruction of the pool to correct setbacks would create a severe economic hardship. 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? VA-PL20160001181, 342 Trade Winds Variance Page 5 of 7 Yes.The applicant will be able to retain a decreased accessory rear yard setback for a pool deck that exceeds 4 feet in height above the seawall. However, it should be noted that the applicant relied on the County-issued permit which cited, incorrectly, the accessory rear swimming pool and/or screen enclosure setback. f. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code, and not be injurious to the neighborhood,or otherwise detrimental to the public welfare? Staff has received objections to the requested Variance(attached) which state that the reduced rear setback would impact neighboring views, and set a precedent for future variances, among other objections. However, because a reduction in pool deck height of 2.59 feet would permit the pool to legally comply with the 10-foot setback,and signatures of no objection from property owners within the most impacted area were received, and because the setback was the result of a County error,staff is of the opinion that the variance will be in harmony with the neighborhood to the greatest extent possible. 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. The applicant states that variations in seawall height in this location do not create a uniform height for all houses and therefore create different pool deck height requirements over 4 feet of the seawall. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance will not affect or change the requirements of the Growth Management Plan. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report on December 30,2016. RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition VA-PL- 20160001181,342 Trade Winds Avenue Variance,to the Board,with the following condition: Upon demolition or destruction of 50 percent or more of the structure's assessed value, this Variance will be void and any new structure shall meet setback requirements at the time of issuance of a building permit. VA-PL20160001181,342 Trade Winds Variance Page 6 of 7 PREPARED BY: moii4p hog -o/9-I6 FRED4 SCHL,AICP,PRINCIPAL PLANNER DATE ZONING DIVISION REVIEWED BY: RAYMO V. BELLOWS,ZONING MANAGER DATE ZONING IVISION 1 MIKE BOSI,AICP,DIRECTOR DATE ZONING DIVISION APPROVED BY: / .- "y!_/ 7 JAMES FRENCH,DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT DAVID S. WILKISON,DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT Tentatively scheduled for the February 14,2017 BCC Meeting. VA-PL20160001181,342 Trade Winds Variance RESOLUTION 17 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, FOR A VARIANCE FROM SECTION 4.02.03.A, TABLE. 4 OF THE LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM REAR YARD ACCESSORY STRUCTURE SETBACK LINE FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL, SPA, POOL DECK AND STAIRS ON A WATERFRONT LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-3) ZONING DISTRICT ON PROPERTY LOCATED AT 342 TRADE WINDS AVENUE, HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. IVA- PL20160001181] WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided,and has considered the advisability of a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot, as shown on the attached Exhibit "A", in the Residential Single-Family (RSF-3) Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number VA-PL20160001181, filed by Jason Jenks of Jenks Builders, Inc. on behalf of Roxanne Stone-Jeske and Nancy D. Koeper, with respect to the property hereinafter described as: [16-CPS-01.57311310611/1140 Rev. U10/17 Petition no. VA-PL20/60001/81 /342 Tradewinds Ave. 1m, Lot 11, Block M, CONNERS VANDERBILT BEACH ESTATES, Unit 2, according to the plat thereof recorded in Plat Book 3, Page 17, Public Records of Collier County, Florida. Folio No. 27585200007 be and the same hereby is approved for a variance from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of ,2017. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: / 7, Scott A. Stone Assistant County Attorney Attachment: Exhibit A—Conceptual Site Plan [16-CPS-01573/1310611/1140 Rev. 1/10/17 Petition no. VA-PL20160001181 /341 Tradewinds Ave. 2 Exhibit A 1 • BOUNDARY SURVEY OF LOT 11,BLOCK`M',UNIT No.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN PLAT BOOK 3,PAGE 17,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SUBJECT TO EASEMENTS,RESTRICTIONS AND RESERVATIONS OF RECORD. I (1141 TBM Fa.ro N A DISC"PHA 3467" 1215' CR) 1215.12'CAA) d 1 P.tl'Iv,NAVP ELV..,-42.88 d En FD,NAIL tN /- MAT.LUrNALE (TRADE WINDS AVE. ^A _ 760'!X) 760,07'CC) 1y I FD.en NAIL IN PVM'T. I i i cut-NOLE,M.OQ'W p N41L slur SDS OF PV IN PVMT.6UT- qe o rn a. oItOI. '(,� ON rnI T [S 1 12^R,4,P.-.." a'is wv m 4 58W 04'IO"W 75.00'M) 75.0I'CC)4�PN �_. . 4 FR145"PEM.... DWM OA FIAy54.9i'S-,0.29'E, r PAM 72" a.43a. at'W. 4"PFt STUB a4T N a Ci 0 to (71 W 4 2 w V ac Q '1.::,C.{. 7.65' • m m 14.0' 765' p > 24.0 N D �`0 B.Ofi in 65 ler2A N v X42 TRADE WINDS AVS. BLOCK M C.B.S. NOUSE funder coo9L.1 w . FIN. FLOOR eLEV 4-10.4 •r. b m in to LA NOTE, 4/2 2ac' PER CONTRACTOR,POOL/PATIO Z'05� E. - ISO'. STEMWALL IS A7 ELEV +09,5 4.35'w - to 12 IO SET DRILLHOLE N ' IN FOP OF CONC.SEAWALL- 597' 4'01614 NAM ELEV. +0331 7.65'.1 L. 0,S.RETAINING WALL ALUM.PENCE 11 (undereogsl N 0 1.35'WIDE CONG.9E4WALL CAP IS . 1.14' .6- 569°04'10"W 75.00'(R) 75.01 (M) :r . 0',`1 me SET PRILLROLE "In INTO,OF GANG.SEAWALL Lo NAVD ELEV. +03.32 Vi W ATER W AY • SCALE:1"=20' 9 5 •15 0815025 7010 52 V4caN7/NAVD eLEv9 jrl u : =Am mkt BEARINGS BASED ON:EMADC (lo}AVE ASa611'04'10-W,PER RE�ORDPIA) DATE ORDER HELD BOOK REVISIONS � LOCATELEYKED IN BASED ONI E:A 13011(OAIli.eNiL DADA.CML 29,OM 8iA4 ,SIR.94 80V PEG TED IN FLOOD ZONE;al (14'1 5.19.16 0516015 CO(0.52 F4DN04TION/Fi6/GEQf sap a 9�� PER F,LR,M. DATED:S•18.20J2 1202IG 310814 1216000 C010.62 9TeAAWALL ElEV N81Ele,y,. M�t CERTIFICATE IP. N I Arlrbr rer5ly !Ad du aAN" aorta, mnotAN I) ♦(T.n D.t f.pannb o lend curry, mads 1y mo or who ow VALID ,And ...tin ma m«b ITT mbtmum ba,rylrol R D obn0ada a od faD, Cr Va sew of ONLY AFM Pndrwlonai 14d&minus In 21‘9J•17 VEFJ-17.0428. mewls' atllkarl,atluo OeM, b tadM♦ Mi Re.ldr WlfH OMNI SURVEYS, INC.C........) I° ,:.,w; ' . ,.�;b i „+a, �+ Ir r. 1^.'1,v wrt ro!TDa,z ahq erMhwdem el�inW111=1 SEAL LB 6bB4 RCP f'L�' per) Ow. _,w, ''-„ YInAL ME TEL. ZJ9) 439-3666 NF. 4lr� FAX 39) D39-7181 Ts•!AIG% . 9 NrnhNls,pp 4888 4LFON COURT FORT FL 33507?:'01, DA 'P' 1 NM&Ro/ahulla4 No, 4026 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collIergov.net .1t11(2:::):12:12‘ 239)252-27:-74.: 2400 FAX:(239)252-6358 I ",L 7:' r & a �,' t . t 7 -Yx ,".�' v� x , i.,,F r 'i.° 3, f.-s`, 7. a{ "t.r.,',.'4::?. ,',n'1,04:1 ._ ___. * i .j 4. S T+I�+ � c,,� 4 / '',-t rn,h;� a C'r}T t xf t ,..,,,4%;:y. � ';S' *-4' del °O F-r a a h �' s .& ,ins i • ...k...—,' it ��i I:',":";','.-z`--),.;-' 1.-''''4. t ''''ie-, s .% j t PROJECT NUMBER To be completed by staff PROJECT NAME I DATE PROCESSED Name of Applicant(s): ivR.srt orship j ske ncY Q,}6r. oene es Joint Tenants w{th Ful1 f fights of Sury Address: 531 Turtle Hatch Lane City: Naples State:Flnri{ia ZIP: 34103 Telephone: N/ACell:239-450-1930(N. Koeper)Fax: N/A E-Mail Address: nyc9ir11�59 gC�aol.com `f Name of Agent: Marc L.Shapiro,Esquire See Attached Affidavit of Authonzatiorr) Firm: Marc 4, Shapira.P,A. Address: 720 Goodlette Road North, Suite 304CIty; Naples State: Florida ZIP: 34102 Telephone:239-649-8050 Cell: Fax:N/A E-Mail Address: miones@attomevshaoiro.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 6/4/2014 Page 1 of 6 M.Gu. Co r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Provide a detailed legal description of the property covered by the application: (If space is inadequate,attach on separate page) Property 1.0. Number: 9751152nOnn7 Section/'Township/Range: ?g / 4A f 25 Subdivision: Connor's Vanderbilt Beach Estates Unit: 2 Lot: 11 Block: M _ Metes&Bounds Description:Lot 11,Block M.Connor's Vanderbilt Beach Total Acreage: 91 tes ,Receding to the plat thereof recorded in Plat Book 3, Page 17, Public Records of illerressf av era r oration of Subject Property: 342 Trade Winds Avenue, NapiesNanderbiit Beach Estates * Zoning Land Use N RSF- 5 RSF-3 Residential EN RSF-3 •sidentiajI. RSF-3 Residential Minimum Yard Requirements for Subject Property: Front: 30' Corner Lot: Yes n No bj Side: 7.5' Waterfront Lot: Yes ® No n Rear: 25' 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 :b..t+f 04 11f ediat&y. 6/4/2014 Page 2 of 6 County Im.814 .14.1.1111111.".wift" COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colllereov.net (239)252-2400 FAX:(239)252-6358 4‘,e+�arb� Completewthe_following for all-registered-Association(s) that could be affected by this-petitiali _."__ Provide additional sheets if necessary. Information can be found on the Board of County I Commissioner's website at http://www.colliergov.net/lndex.aspxppage=774. 1 Name of Homeowner Association:14a ikuplicalle 1 Mailing Address: City: State: ZIP: 1 ) Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: i Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: rtgre:c w ^ e7V, "4`:,7:;717;-".7)7:7 e il g i Y . ... #e,.s. .`scist.. 4v �. "b -sa` 'L� .. .a;,'..-$` :� s•„ ,.-:;..'f'` ua 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. 6/4/2014 Page 3 of 6 4004gr �in� COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (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? ❑Yes g]No If yes,please provide copies, • 6/4/2014 Page 4 of 6 C� Ir unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.collie�ov.net (239)252-2400 FAX:(239)252-6358 -� K ,..,, �4 ,,,, E 'J�A.�3w3�� M..?'.f4„.„_,,,,,,,,,„_�i � 4iliit t3t� . ',r, a ar 4 ;. 17 4" :: r '; ,yy �-+J a. w t t� `�' x.33 v g},yx ?+ t � #'x �` , K. .4r 1 *,... 5 ,- it i,4' Y 1 '.."2° .,e*.ir°.,:r.„'...... .,.' vy ,'e; j * _�__. _ _.,mss - _. ..�.,.ta+x_st'-¢c_ ,t._ .,. + .."-1.-1_,—,- ,....�... . .4,,w._,. ;„.s€i✓,i ..._,a 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. Completed Application(download current form from County website) a Pre-Application Meeting Notes III • Project Narrative II mi ■ Completed Addressing Checklist • Conceptual Site Plan 24"x 36"and one 8 34"x 11"copy 11U U Survey of property showing the encroachment(measured in feet) 2 r I in Affidavit of Authorization,signed and notarized 2 ii I Deeds/Legal's 3 Location ma. 1 f II' Current aerial photographs(available from Property Appraiser)with .�, project boundary and,if vegetated,FLUCFCS Codes with legend 5 LI LI included on aerial Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted,provide the assignee1 ❑ ❑ planner the Property Owner Advisory Letter and Certification _ Electronic copy of all documents and plans "Please advise:The Office of the Hearing Examiner requires all I ❑ 0 materials to be submitted electronically in PDF format, 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. 6/4/2014 Page 5 of 6 Coomegol'ir County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Planners:Indicate If the petition needs to be routed to the following reviewers: ri Bayshore/Gateway Triangle Redevelopment: ❑ Environmental Review:See Pre-Application__ ______. _- --1 - -Executive Director Si Meeting Si n-in Sheet -❑- Addressing:Annis Moxam Graphics:Mariam Ocheltree ❑ City of Naples:Robin Singer,Planning Director ❑ Historical Review ❑ Comprehensive Planning:See Pre-Application Meeting Sign-In Sheet 11lmmokalee Water/Sewer District: R Conservancy of SWFL:Nichoie Ryan Parks and Recreation:Vicky Ahmad County Attorney's Office:Heidi Ashton-Cicko Transportation oathways:c. Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy _" EMS:Artie Bay Heartlock Tr— Li Engineering:Alison Bradford Transportation Planning:John Podczerwinskv -❑ Other: El Utilities Engineering:Kris VanLengen , '`�Z may-_ .:tea Valli, a ❑ Pre-Application Meeting:$500.00 ❑ Variance Petition: o Residential-$2,000.00 _ o Non-Residential-$5,000.00 • o 5th and Subsequent Review-20%of original fee 0 Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$925.00 0 After The Fact Zoning/Land Use Petitions:2x the normal petition fee ❑ Listed Species Survey(if EIS is not required):$1,000.00 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 Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples,FL 34104 Is/: Marc L.Shapiro December 16,2016 Applicant Signature Date Mar--- cJ--Sha Printed Name 6/4/2014 Page 6 of 6 • NATURE OF FEMION I. (BACKGROUND) As part of the construction of a single-family residence,the Applicants' general contractor, Jenks Builders, Inc., submitted plans, including various elevations, for a building permit and approval of a swimming pool and swimming pool deck located behind the subject property) The plans were approved and a swimming pool permit was issued. After completion of the work and after numerous inspections by County building officials, a neighbor contacted code enforcement and alleged that the height of the swimming pool deck above the adjacent seawall was violative of the LDC. Specifically,the current LDC mandates that a swimming pool deck be no more than 4' above an adjacent seawall. The seawall in question is at 3.31' NAVD. Four feet above this height would 7.31" NAVD. However, in its current • configuration, the swimming pool deck is at 9.67' NAVD and thus, the swimming pool deck is 2.33' higher than allowed by code. LDC Section 4.02.03 A, Table 4 provides that in instances where the swimming pool deck is more than 4' above an adjacent seawall, the rear setback be a minimum of 20'.Thus,the Applicants are requesting a variance to decrease the rear setback form • 20'to 6.55'. Ys+jj II. (LDC Section 9.04.03,Subsections D,E,F and A Criteria for the Granting of Variances) 9.04.03 D The variance if granted will be the absolute bear minimum required to effectuate the project. The variance will make possible the reasonable use of the land and structures located 'Given the property's side setback dimensions,the swimming pool deck stem wall and swimming pool shell had to be constructed and in place prior to the construction of the house foundation. �`"` Page 1 of 2 thereon. There will be no violation of standards regarding health, safety or welfare to any neighbors,adjacent properties and/or the public at large. 9.04.03 E There will be no special privilege conferred upon to the Applicant should the variance be granted. An examination of the surrounding properties indicates other properties with similar . configurations. Additionally, the only alternative available to the Applicants is to remove and reconstruct the swimming pool deck and swimming pool stem wall. Given the interplay of the swinuning pool stem wall,swimming pool deck and the foundation of the residence,this would be a very delicate project and would cost a minimum of$50,000.00. Such a situation would have a significant hardship on the Applicants and would constitute economic waste. Importantly, the situation the Applicants find themselves in is not of their making but rather,is the result of an innocent mistake made by county building officials. The swimming pool and swimming pool deck were repeatedly and properly permitted and approved as were all pilings and piling caps on which the swimming pool deck is built. 9 F If granted the variance will be in harmony with the intent and purpose of the LDC.No neighbors and/or their property will be injured. Although there has been a complaint by property owners across the canal and several house to the West,no harm will befall them. Their line-of- site is already obstructed by serval very large pool cages and any objections to the granting of the instant variance is simply not accurate and is disingenuous. Attached hereto is a letter duly signed by seven separate neighbors (on both sides of the canal) noting their respective non-objection to • the Applicants' variance petition. • 9.14.03 H The granting of the variance will not be inconsistent with the County's Growth Management Plan. Page 2 of 2 The Law Offices of • MARC L.SHAPIRO MW'C L. Shapiro, NATALIE STAROSCHAK SEAN WHALEY . 720 Goma-Erna FRANK ROAD Norm,Suns 304•NAPLES,FLORIDA 34102 NAPLES:(239)649-8050-Fon MYElts:(239)418-0010 FAX:(239)649-8057 W W W.ATIDRNEYSHAPIRO.COM December 16,2016 VIA ELECTRONIC MAIL TO fredreischlOcolliergov.net _ _ Mr.Fred Reischl,AICP Principal Planner Collier County Growth Management Department 2885 Horseshoe Drive South Naples,Florida 34014 Re: Variance Application PL20160001181 Connor's Vanderbilt Beach Estates Unit 2,Block M,Lot 11 342 Trade Winds Avenue Dear Mr. Reischl: The following information and/or comments are provided in response relative to Ms. Rachel Beasley's August 8, 2016 Insufficiency Letter (hereinafter referred to as the "Letter"). Pursuant to the directive set forth at the end of the Letter,the information herein is responsive to the various Staff comments.The various responses and are set forth in the same order as denoted in the Letter.For your ease of use and reference,I have excerpted each departmental comment as set forth in the Letter. REJECTED REVIEW: GRAPHICS- GLS REVIEW REVIEWED BY: JESSICA HUCKEBA CORRECTION COMMENT 1: Incorrect parcel number,should be 27585200007. The Initial Variance Petition Application(hereinafter referred to as the "Initial Petition") contained an incorrect Parcel Identification Number in the Property Information section.This has been corrected in the First Amended Variance Petition Application(hereinafter referred to as the "Amended Petition")which has been provided herewith. CORRECTION COMMENT 2: This should be RSF-3 for N,S,E and W. The Initial Petition juxtaposed the Zoning and Land Use designations as set forth in the Page 1of1 elt l .b triTttoIft • { Ft � r http://maps.collierappraiser.c)m/webmap/output21Collier 2016_sde031244499406320.jpg 6/15/2016 Mr.Fred Reischl,AICP December 16,2016 Page 2 of 5 Adjacent Zoning and Land Use section. The juxtaposition has been corrected in the Amended Petition which has been provided herewith. • CORRECTION COMMENT 3: _-—T-his-is-the STRAP number,should be metes and bounds description. _, --- The STRAP number has been deleted and the full legal description of the property is set forth in Property Information section of the Amended Petition. CORRECTION COMMPT 4: Map should be legible; also the like location is too far East.Parcel boundary should be outlined. A revised site map taken from the Collier County Property Appraiser's website is provided herewith. The revised map sets forth the parcel boundaries. CORRECTION COMMENT 5: Block sold be M. The Amended Petition has been corrected to provide the correct Block designation REJECTED REVIEW: ZONING REVIEW REVIEWED BY: RACHEL BEASLEY CORRECTION COMMENT 1: Correct minimum yard setbacks for subject property: non-waterfront side yard setback is 7.5 feet and rear is 25 feet.Please note 2 things: 1.front yard is correct and 2.the rear is not 20 feet—this is because the 20 applies,in this case,to accessory swimming pool decks that exceed 4 feet in height above top of seawall. The Amended Petition now sets forth the correct setbacks. CORRECTION COMMENT 2: Please be consistent in measurement,more specifically 10ths of a foot. For example,in the Narrative of the Petition,you switch from decimal measurement to feet and inches. All measurements in the Amended Petition and the Narrative has been corrected to reflect measurement in decimals. Mr.Fred Reischl,AICP December 16,2016 Page 3 of 5 CORRECTION COMMENT 3: As noted in County Attorney notes,please note that this is a variance from the required rear Yard setback of 20 feet for accessory pool decks that exceed 4 feet in height above top of seawall. Thus,keep in the description the narrative describing the height difference between the permissible 4 feet above seawall which makes the setback 20 feet rather than thelOfeet..Thus,you are requesting a rear yard setback from the 20 feet to a-feet. ---- -- -- A revised Narrative has been provided herewith to indicate that the variance requested is in fact for a reduction in the rear-yard setback as opposed to a height variance for the pool deck. CORRECTION COMMENT 4: What is the measurement for the pool deck stairs to the seawall?What is width of the stain?If the stairs are wider than 3 feet than you must request the rear yard setback from the stairs and not the deck itself. The measurement from the outboard wall of the pool deck stairs to the seawall is 6.55'The stirs are 3.5'in width and thus it is understood that the requested rear yard setback must necessarily commence at the outboard wall of the pool dock stairs. REJECTED REVIEW: COUNTY ATTORNEY REVIEW REVIEWED BY: SCOTT STONE CORRECTION COMMENT 1: The Property Appraiser lists the owners as"Roxanne B.Stoae,Teske and Nancy D.Koeper, as joint tenants,"so please update the"Applicant Contact Information"section of the application accordingly. The Applicant Contact Section of the Amended Petition now states that the owners are Roxanne B. Stone-Jeske and Nancy D.Koeper,as Joint Tenants with Full Rights of Survivorship. CORRECTION COMMENT 2: Please also provide an Affidavit of Authorization from owner Roxanne B.Stone-Jeske,or other signed written evidence that she agrees/consents to this petition. Affidavits of Authorization from both Ms. Stone-Jeske and Ms. Koeper are provided herewith. CORRECTION COMMENT 3: Your application indicates the minimum side yard setback is 7'.However,according to LDC Section 4.02.01 A,Table 2.1,the minimum side yard setback is 10'for waterfront lots in the RSF-3 zoning district.Please have staff correct me if I'm wrong.Otherwise,please revise your application with the correct minimum setback requirement. Staff has indicated that the correct side yard setback is in fact 7.5'. -Mr.Fred Reischl,AICP December 16,2016 Page 4 of 5 CORRECTION COMMENT 4: In your Project Narrative,under#3 please provide more detailed responses to criteria (d),(e),(I),and(h). A more detailed Project Narrative regarding the criteria for the granting of variances as set _forth.in.IDC.9.04.03,Subsections D,E,F and H is provided herewith. CORRECTION COMMENT 5: As discussed at your pro-app,you are seeking a variance from LDC Section 4.02.03 A, Table 4 to reduce the miaivausn rear yard accessory structure setback line from 20 feet to 10 feet for a pool that exceeds 4 feet in height above the top of the seawall.However,your project nsmttive incorrectly indicates that you are seeking a variance for the pool height. Please revise your narrative to correctly and clearly indicate that you are seeking a variance from the setback require NOT the height requirement. As noted in the Respose to Ms.Beasley's Correction Comment 3 above,a revised Narrative has been provided herewith to indicate that the variance requested is in fact for a reduction in the rear-yard setback as opposed to a height variance for the pool deck.: CORRECTION C s 14 6: Please provide a cleaner,more legible site . that clearly labels the seawall,and shows the exact measurement I the pool to the seawall. A more legible site plan with the seawall labeled and the exact measurement from the pool to the seawall will be provided under separate cover. CORRECTION COMMENT 7: Please confirm with staff whether the rear setback should be measured from the pool deck,or the stain(as indicated on your site plan).Please also depict and label the 20- foot rear setback line to demonstrate where the pool would have to be located in order to meet the minimum setback. Staff has confirmed that the rear setback must be measured form the outboard wall of the pool deck stairs:A revised site plan to provided under separate cover,will depict where the pool would have to located in order to meet the minimum setback requirement. CORRECTION COMMENT 8: The Warranty Deed you provided is not the most recent deed for this property.Please provide a copy of the most recent deed that accurately shows the current owners of the property. A warranty deed dated December 10, 2015 reflecting that the owners of the property are Roxanne B. Stone-Jeske and Nancy D.Koeper,as Joint Tenants with Full Rights of Survivorship is provided herewith.The Warranty Deed was recorded on December 22,2015 as Instrument Mr. Fred Reischi,AICP December 16,2016 Page 5 of 5 Number 5209385 at Official Records Book 5226, Page 989, et seq., of the Public Records of Collier County,Florida. • CORRECTION COMMENT 9: ._ Please.provide a copy of the building permit/permit number for the pool _._._ A true and correct photocopy of the building permit for the pool is provided herewith. CORRECTION COMMENT 10: Additional comments may follow receipt of next resubmittal. No additional response by the Applicants is required at this time. REJECTED REVIEW: ADDRESSING-GIS REVIEW REVIEWED BY: ANNIS MOXAM CORRECTION COMMENT 1: On Conceptual Site Plan-The legal description is incomplete.The Block is M and Subdivision is Conner's Vanderbilt Bch Estates Unit 2. u' A revised sit plan is provided herewith. The site plan includes a full legal description CORRECTION COMMENT 2: On Application-Property Information-the Parcel ID number is incorrect(it has one zero too many).Metes and Bounds Description-What's provided,that's the Strap Number. The Amended petition includes the correct Parcel Identification Number and additionally,contains a full legal description of the property. I believe the foregoing adequately answers the various concerns of the Insufficiency Letter. Please do not hesitate to contact me with any other question or concerns you may have. Very truly yours, Matthew L. Jones •t AFFHAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) L2oRDAO(L li ""1 1, 1 1 ex 4c+4` ' )(Aar�pe i _ (print name), as 11 • c , s swearif affirm applicable)of " (company, if - ' • ) under oath,that 1 am the(choose • -)owner1applbant tract ., • .I i that 1. I have full authority to re the approval(s) requested and to Impose •. ' and restrictions on the referenced . .. : as a result of any action approved by the Cou in accordance with this application-andihe-la i DevelopmentCode:— _____—_—__._._._.._- , ___---- .,� --_ _---.,2. All answers to the q - in this application and any sketches, data ori supplementary matter attached hereto and •, a part of this application are honest and true; normal workinghours 3. I have authorized the �+ of Collier County to enter upon the property : g for the purpose of In Ing and evaluating the request made through application;and that 4. The property will be transferred, conveyed, sold or subdivided I. r to the conditions and restrictions . • i the 5. Well authorize r`` Y p 1,... 6,ges . as ourlmy representative hers • this petltlo including 1 2 abo in any ma t , t. . '� t,,ra *Notes: `'it)l -w L . .i o.''Q"' • if the applicant is a corporation, it is usually executed by the corp.pies.or v.p ' the documents should • It the applicant is a Limited i Company(L.L.C.) or Limited Company (L.C.), + typically be signed by the • • y's"Managing Member." • if the applicant is a partnership, typically a partner can sign on behalf of the 0 , • if the applicant is a limited i ,, ip, then the general partner must sign and identified as the "general partner"of the named parte- , • If the applicant is a trust,then , must Include the trustee's name and the words : . trustee" • In each instance, first the applicant's status, e.g., individual, corporate, partnership, end then use the appropriate format for , ownership. 1 Under penalties of perjury, I d that I have read the foregoing Affidavit of and that the facts stated in it are true. ‘.1.)12/fpree.*Iabri 494)9 ''''/6 Dab STATE OF FLORIDA ' COUNTY OF COLLIER Thbibrnoning /� and subscribed before me on ,'. 1942by DV �M�.� arevm to( �a (name of person . '. , or affirmation), as .-tet or who has . • who is personally known ,syy, (type of identification)as Identification. r ... , _ Amor ' STAMP/SEAL i, , . of Notary ;1 t . Vt. 0311111101 ars _ dill I 11,, , imiteravaturimi I ‘,......„ 11 7�Y�1 ; RT 317,4114 I AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) L Z cel i, Wt.Clan"11900Z-Se ke. (print name),as ► W,i-N ' r (title,if applicable)of (company, If • r • -),swear or affirm under oath,that I am the(choose one)owner r• J plicant[ontract pu nand that 1. I have full authority to secure the approval(s)requested and to Impose •' and restrictions on the referenced papally as a result of any action approved by the . In accordance with thls ape ti tl and thel NYIAPPITIettt..0*..._... _ 2. All answers to the questions in this application and any sketches,data or qpner supplementary matter attached hereto and made a part of this application are honest and this: 3. I have authorized the staff of Collier County to enter upon the property normal working hours for the purpose of investigating and evaluating the request made through application;and that 4. Theeproperty will bE transferred, conveyed, sold or subdivided to the conditions and restrictions -.i 1 �r approved ,.: . 5. Weil : ; ,.,(" as our/my representative in any matters . this petition Indiang 1 2 above. ® . L L . 5$1-.4 •ro • if the applicant is a corptdon, �': Is usually execd by the corp.pres.or v. • if the applicant is a Limited Liability Company(LL.C.) or Limited Company(LC.), the documents should typically be signed by the Company's`Alanagktg Member.* • if the applicant is a partnership, then typlcalfy a partner can spry on behalf of the • If the applicant is a limited parfnerirh p, then the general partner must sign and identified as the 'general partner of the named parbtorai . • If the applicant is a trust then tf.ymust include the trustee's name and the words trustee'. • in each instance, first de osot rig the applicants status, e.g., individual, corporate, partnership, end than use the appropriate format lbr t*et ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts . . In hare ' i2' - S'0197/(p filpudurso Dat. • STATE OF FLORIDA COUNTY OF COLLIER The to(or affirmed)and subscribed before me • I i'. 9I2� h)by i/1IE WOW" (. , .. • r`. .. • or --fir. ), as who Is know who has produced (type of Identification)as Identification. STAMP/SEAL . . of Notary Ptk4q pp 41111, I '► ows w • • t1'W-CoA•W11s 155 RIM 31W14 a..,—. No BOUNDARY SURVEY OF LOT 11,BLOCK'PoP,UNIT Na.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN PLAT BOOK 3,PAGE 17.OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SUBJECT TO EASEMENTS,RESTRICTIONS AND RESERVATIONS OF RECORD 1 T pB{1N M S<DISL'PSM 3667" 1215' (R ) 1215.12•C ) C3 0.11'w.,NAVY ELEV,*02.88 C,i M la,tam til tam cur-WM (TRADE WINDS AVE. , ( 750'(x) Korr(L) I Lu 1 7- -- —_--Y-- _ 7'101' �_, -___#.................4........4—__D_ sex MS,43.36'W, ' !ORM.cRiet ,i OP:-x .i N f*Mt Ulf- 14 Zi, ., IAB.E d o m Si o M j_. I -` O 558'04.'10"W 75.00'(R) 75.O!'(L) FW i = 'S.N ♦ �„) I FIRS;^1� } iawm FIRr50.92'S,0.29'E. ,,I pSwyhTIA 4' $uF or m . i IIS rn W G 6-2 AT w I 1 Q p :LilyyjI4.6' 240' 7,65 0o Id"0 6 Dy' ta 50 il r .p42 TRAPp WIMPS AVE. BLOCK WI ass. U10u5E (under cansL.) w - FIR. FLOOR ELEV. +10.4 r- o V in 246' NOTE; . .t. w PER CONTRACTOR,POOL/PATIO 105+ STEMWALL IS AT 0 : ELEV. +04.9fair 12 .� 10 SET [71L0L.L11OLE. V s MVP OF LONG. SEAWALL3 7' 4'U169 NAVD EMI/+03.31 ' W.RQA6111t.wau t ALUM,FENLE 11 ..R.l 1 T Lac am AMC.58.41141.1. MP--N. z _i_ - ' 5 8B•OQ'10'W 75 OO'(1t) 75.01'(1 t Qo „o'. 5 DFSILLi}OLE WTOP Gag,L ,SEAWALL ..4. In IAVD ELEV. +0332 WATER W AY , SCALE:1` 20' "4.5-IS'OSIfD25 COR VAcAMT/KA 4EV► qui.. m+t 1". EV °14IR4PID%I (AgE A5686'04'Ia'W,PER REmRD LATE ORAER Wm = xirmA+rF ElEar1171D�L5 EASSD Dhk NAVB 1989{pplg,pN FL DNR CAL 29 IBB4 8r 1 11<: LDCATEO IN F1.LOO ZONE_As(IO') 5-19,t6 0516015 ASI-52 8 NOATIONALJYCAJtT .* `+ :It.' 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H r L._ i ,71, irr • N ---_ , —I 1 0 ..I 1 SN I— °' I 10 1713 00 1'Da L 9 '".* '- 0) CL >,•• ail iv 111 E o L_ 4 N O a — HL .±."-1] z 0 1 a ..... • ' -4- 73 0 D ""....\\ 1 ,,,_,J cs1 I 1 _ I 1) (1) L.- --J - _ > 4- CO , .- - .---- CU >. 0 I a U CU SI .t. ___ _rl is' ? 1 CU > s_ CU CU al 03 • I I '''- c 01 Illt'I C U +.0 cs O (1.) L... 0 74—,0 C (..) C CD 1 I I") fa) 0 ."0 •...., ...... >. I-- 0 Cl.) +.1 L.. LO 'b ii.3 z o :6 z 0 LI- 4- S.- -..... O 0 a . v) v) 4-P L- L.- 0 In CU CD -I▪-0 .0 —0 CD CI) = --I --i (1) Collier County Growth Management I am writing to you about Petition NO. VA-P120160001181. Codes and easements are in effect for a reason. 30 years ago Homes in Vanderbilt Beach were single story, Back walls of the Houses were 30' away from the Sea wall and at Ground Elevation. The area has progressed from Single story,to 2 stories, now 3 stories ( Max Height allowed)to rear set back to side set back. Home builders are building homes so big they are not allowing but 10' for a pool and deck.This is their choice to do so, now I see decks and pools trying to exceed the current set back. In this instance the pool and deck have already been constructed. I can understand if the deck exceded the set back by a little due to a miscalculation by the survey. But this is a gross error and not a minor setback violation 13.5'. But let's not overlook the height violation also.According to code the deck and pool cannot be over 4' above the seawall. This wall is 2' over the code, and with the water bowl pedestals over 3' above the code. I do not expect the home owner to know these codes and had trust in their Architect and General contractor's. There were at least 2 permits pulled to address this code. A permit was needed to build this house. The architect and General Contractor of record should have had the elevations on the signed and sealed plans submitted to the county.The architect and General contractor has the responsibility to know the building codes. A site plan, signed and sealed had to be submitted to the county with setbacks and elevations to the county. Whom ever did these plans has the responsibility to know the codes. A permit was needed to build the pool.The pool contractor had to submit signed and sealed plans to the county with elevations and setback dimensions.The pool contractor has the responsibility to know the building codes. I see many new homes going up in our area with every new home pushing the envelope to the max. I feel we cannot allow these violations to be approved. If so everyone will be attempting to seek a variance to do the same. Steve Emens Homeowner 331 Lagoon Ave Naples Florida 34108 ReischlFred From: BeasleyRachel Sent: Thursday, October 20, 2016 10:42 AM To: ReischlFred Cc: BellowsRay Subject: FW: 342 Tradewinds Variance FYI -----Original Message From: George Marks [mailto:GMarks@kramermarks.com] Sent: Wednesday, October 19, 2016 7:11 PM To: BeasleyRachel Cc:Steve Emens Subject: Re: 342 Tradewinds Variance Rachel, Thank you for sending all of this information. I have spoken to a land use attorney concerning the "Precendent setting" issue of mine. As I feared, Florida law has allowed "precedence"as a basis of future variances. I will review the plans with you tomorrow at 3:30 in person just as a double check, but based on what I heard from the attorney we have no choice but to oppose the variance on the basis that one can not create their own hardship (by installing the pool improperly) as a basis of a variance.Additionally, since such a variance would be a basis for future variances, it regrettably does not give us an option if we wish to prevent future similar variances. See you tomorrow. Thank you, George E. Marks, AIA Kramer+Marks Architects 27 S. Main Street Ambler, PA 19002 215-654-7722 off 215-870/5543 cell >On Oct 19,2016,at 2:00 PM, BeasleyRachel <RachelBeasley@colliergov.net>wrote: >Good afternoon George, > Per our conversation, I attach the Staff Report and the site plan. > Best, > Rachel Beasley >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. 1 ><STAFF REPORT 342 Tradewinds Ave.docx><Site Plan 342 TRADEWINDS >AVE_SITE_8-22-16.pdf> 2 Arthur "Buzz" Victor 312 Lagoon Avenue Naples,FL 34108 buzz.victor@gmail.com October 23,2016 Ms.Rachel Beasley,Planner Zoning Division Collier County,Growth Management 2800 North Horseshoe Drive Naples,FL 34108 RE: Zoning Petition No.VA-PL20160001181,342 Tradewinds Ave. Dear Ms.Beasley I am in receipt of the information sent to me as a nearby property owner regarding the above referenced zoning matter. Unfortunately,I am unable to personally attend the hearing,and therefore must register my opposition to the variance via this letter. It has been eleven years since I built my home on Lagoon Avenue,but I remember the process very well. There were any number of design features that I would have liked to construct,but I found myself constrained by the applicable codes and their restrictions. Those limitations were imposed for the good of the community as a whole. While,in the present circumstance,it is a shame that construction has proceeded to a point where it is costly to remove it,and that the infractions were missed by the controlling authority. This,however,is no reason to simply waive requirements with which the balance of the neighborhood has had to comply. I hope that the Board hearing the case will require compliance with the code. That is the proper decision. Sincerely, B v Arthur"Buzz"Victor Letter of Petition in FAVOR of 342 Tradewinds Variance October 2016 Planning Commission and Board of County Commissioners We, the undersigned neighbors of 342 Tradewinds within the "impacted area" respectfully submit that we have NO issue with the pool variance being requested by ' 4 Tr d „ n ; hr.)!i(4; . The new home under construction will raise the home values in our area, which is what any homeowner would welcome, and we do not contest the pool variance being requested. We are NOT an agreement with Mr. Marks and Mr. Evens in their position regarding the view or the style of the home and therefore submit that you approve the requested variance from 342 Tradewinds by Ms Jeske and Ms Koeper Respectfully, Signature, Address ji p /� ) 7CLhcc1Id5 /? , Ems/64444 -' &eaciad a, ate, //tit, P:of cis.3"/ Z fAvEit b C �v &W S 1 nr ew ry1 911_ a 'ce,e,j)„,-. 36,7 k 6 ja-v ------- _ Scanned by CamScanner Cris tin a R. Marks George E. Marks 319 Lagoon Ave. Naples, FL 34108 October 20, 2016 Ms. Rachel Beasley, Planner Zoning Division Collier County, Growth Management Department 2800 North Horseshoe Drive Naples, FL 34108 RE:Zoning Petition No VA-PL20160001181,342 Tradewinds Ave. Ms. Beasley, Thank you for taking the time on Thursday,October 20th to meet with me and review the Variance application for the petition noted above. After some thought and evaluation and conversations with other affected neighbors,we have no choice but to OPPOSE the request for variance for the sole purpose of defending the integrity of the existing"View corridor"which would be negatively impacted by the approval/granting of this variance by Collier County. We oppose this variance as it will impinge on the view corridor that currently exists and will encourage future violations by potentially creating an actual hardship for adjacent property owners. The violation of the required setbacks by 13.45 feet horizontally and 2.36 feet vertically is a GROSS violation of the zoning ordinance. The applicant has NO BASIS FOR A HARDSHIP and this violation does not qualify as a diminimus violation by definition of law. The required setbacks in the RSF-3 zoning district as per Collier County Land Development Code(LDC), Section 4.02.03.A Table 4 states that the minimum setback for an accessory use(swimming pool in this case) when the elevation of the pool deck exceeds 4'-0" above the seawall shall be 20'-0". The current placement of this pool encroaches on this allowable setback by 13.45 feet which places the pool deck within 6.55 feet from the seawall when 20`-0" is required. I have reviewed with you the Staff report and analysis in great detail and disagree with your assessment as noted below: a. Are there special conditions and circumstances existing,which are peculiar to the location, size and characteristics of the land,structure or building involved? The evaluation of any zoning or building application is predicated on the review of the site PRIOR to the construction of any permitted construction. No certificate of occupancy has been granted for this property,therefore the evaluation of this request for variance should be as if the building did not exist. Collier county failed to uphold the zoning code in their approval of the building permit and plans, however, every building application contains verbiage that puts the responsibility to comply with all building and zoning codes on the architects,engineers, contractors and property owners. A county created situation is not a basis for a variance. Mistakes happen all the time and the county should be upholding their responsibility to enforce the correction of the violation. It is clear that NO SPECIAL CONDITIONS exist as a basis for this variance. 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? The applicant, in this case the builder and/or their architect/engineer, built the structure in question in gross violation of the existing zoning code which they are required to follow regardless of the Collier County approval process. This is a self-created violation of the zoning code and the county should NOT be supporting this violation and request for variance. c. Will the literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? This application does NOT meet the definition standard of"Hardship"as defined by Zoning law and Collier County is remiss in their duties and responsibilities in supporting such an application. As a matter of law, the cost of$50,000 is not an acceptable basis for a hardship and should not be considered as a basis for the granting of a zoning variance. The fact that the applicant relied on the erroneously issued pool permit is not a material basis for a hardship or the granting of this variance. 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? No comment 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? Yes-The granting of this variance will absolutely grant a special privilege on this applicant not currently available to other properties within this district. This GROSS violation of the zoning code will create a hardship for adjacent property owners whose visual corridor is diminished by both the horizontal impingement of 13.45 feet and vertical violation of 2.36 feet and may become a basis for future zoning variance applications. This pool could have been created in the same location of the same size,with a correction of the stair location and width within the zoning standards thereby eliminating the need for this variance. f. 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? This condition is NOT IN HARMONY with the intent of the zoning code and is a gross impingement on the vision corridor that the zoning code is intended to protect. Additionally, the granting of a zoning variance should NEVER be for the purpose of"legitimizing" a gross violation of the zoning code as stated in the Staff report. This is true of any avoidable error whether created by the owner,general contractor, architect,engineer or in this case Collier County. This pool is currently under construction and a certificate of occupancy has not been issued for this property and now is the time to correct this violation. No certificate of occupancy should be issued by the county until this is corrected. 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.? There are NO natural or man-made conditions negatively affecting this applicant. The staff's consideration of the applicant's argument that the variance in seawall heights is a legitimate consideration is seriously flawed. The applicant's seawall height is the highest level allowed by FEMA and is a standard set by Collier county. The variance in seawall heights is not a consideration in this instance as the applicant is already relying on the highest wall allowable and is still in violation of the Zoning ordinance. The current condition already exceeds the maximum allowable seawall height by 2.36 feet and would only be worse if a lower seawall existed,which is not the case in this instance. h. Will granting of this Variance be consistent with the Growth Management Plan? The staff's contention that the granting of this variance will not violate the Growth Management plan which is based on the zoning ordinance as a basis of the plan is negligent in the staff's assessment. Granting of this variance will be a GROSS violation of the zoning ordinance which is a key basis of the growth management plan. In summary,the granting of this variance should be denied on the following basis: 1. No legal hardship exists for this applicant to rely on as a basis of this variance and the variance must be denied on this legal basis. If the county makes the argument that they created a hardship for the applicant,which would be legally flawed,the county would be self-serving in thereby granting a variance to correct their error. 2. The pool design could have been constructed AND CAN STILL BE CONSTRUCTED in the current location with the exact same dimensions within the zoning ordinance by building the pool 2.36 feet lower and a variance would not be required. It would be negligent for the county to grant this variance when a viable solution was and is available to the applicant and the county without creating a hardship. 3. There were no existing special conditions or circumstances that would contribute to a hardship and thereby the variance should be denied. 4. The fact that the applicant states that it will cost$50,000 is not material to the consideration of this variance by law and the granting of this variance would confer permanent damage to the visual corridor of the neighborhood that the zoning ordinance exists to protect. 5. The granting of this variance will confer special privilege on this applicant not available to other property owners and would create/necessitate future hardships for adjacent property owners. A variance is not intended to provide special privilege on any property owner in violation of the zoning ordinance. Finally, should the county decide to act irresponsibly and approve this variance,we will file an appeal within the allowable appeal period and reserve our right to seek all legal options against Collier County for damages. Additionally, we will request that no further construction occur on the violating area of the property and we will seek an injunction to the issuing of a Certificate of Occupancy by the county until such appeal is heard and resolved. Please feel free to reach out to me or our attorney should you have any questions or wish to discuss this matter prior to the zoning hearing. RespectfuDty submitted, J George E. Marks,AIA 215-870-5543 cell 215-654-7722 office Re isc h IF red From: Vincent Fantegrossi <vfantegrossi@aol.com> Sent: Monday, October 24, 2016 11:40 AM To: 'George Marks'; vanderbiltbeach54@yahoo.com; ReischlFred; BellowsRay Cc: 'Steve Emens'; 'Buzz Victor'; 'Gail Fantegrossi'; gbraddon@rochester.rr.com; grv3751 @aol.com; jpwood99@aol.com Subject: RE: 342 Tradewinds Zoning Variance opposition assistance-Vanderbilt Beach Residents Assoc Good Morning Mr. Reischl and Mr. Bellows, I am writing to echo Mr. Marks' concerns about the possibility of a variance being issued in the Tradewinds matter. I am most concerned about precedents being set. The entire Vanderbilt Beach area is in transition. It is clear that older, smaller housing inventory will be steadily replaced in the coming years through tear-downs and new construction. We all have abided by our zoning rules and it is important that those rules and regulations are not weakened by allowing unwarranted variances. My limited experience with the county inspection and regulation process has always been positive and I have been impressed with the attention to detail the county gives to all projects. I am confident that when given full deliberation, everyone will agree that the rules in place were established with good reason and should not be taken lightly or disregarded. Thank you for your consideration, Vincent V. Fantegrossi 254 Lagoon Ave. Naples, FL 34108 Mobile: 617-680-1125 1 GrecoSherry From: George Marks <GMarks©kramermarks.com> Sent: Saturday, February 18, 2017 3:00 PM To: TaylorPenny Subject: Thank you Commissioner Taylor, I had meant to send you a handwritten note to thank you for your time to meet with myself and Patrick Neale concerning our opposition to the 342 Tradewinds variance to be heard on February 28th. However, it has been a very busy week and I am remiss in offering my appreciation. For that I can only apologize as no excuse would be a good one. We have garnered the support of the Vanderbilt Beach Residents Association as you suggested and they are in support of denying the variance for all of the reasons we spoke about when we met. I look forward to seeing you on the 28th 00P-ie t APb kramer marks v.215-654-7722 f.215-654-5353 c.215-870-5543 www.kramermarks.com 1 GrecoSherry From: karen@patrickneale.com on behalf of Karen Klukiewicz <karen@patrickneale.com> Sent: Monday, February 06, 2017 4:18 PM To: GrecoSherry Cc: khall@patrickneale.com; pneale@patrickneale.com Subject: Registered: FW: Variance 342 Tradewinds Avenue Attachments: 20170112 marks It reischl.pdf; 9A-VA-PL20160001181-342 Trade Winds Avenue - Staff Report.pdf 0 it This is a Registered Email® message from Karen Klukiewicz. Sherry— Can you please provide status on this? Mr. Neale would still appreciate the opportunity to meet with Commissioner Taylor this week. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone:239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-serviceCa�patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments,are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. 1 From:Judi Menard Sent:Thursday, February 02, 2017 12:54 PM To: SherryGreco@colliergov.net Cc: Karen Klukiewicz<karen@patrickneale.com>; Patrick Neale<pneale@patrickneale.com> Subject:Variance 342 Tradewinds Avenue Sherry- Karen is out of the office this afternoon. In her absence, attached please find a copy of the Staff Report and a copy of my letter of opposition with regard to the variance noted above. After Commissioner Taylor has reviewed the attached, please give Karen a call at this office, in the hopes of scheduling a meeting. Please let me know if you have any questions. Judi Menard Legal Assistant to Patrick H. Neale, Esq. Phone: 239-642-1485 Fax: 239-642-1487 Email: khall@patrickneale.com Email Service Address: email-service@patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Click here to send a Registered Email® message to anyone. Icor 2 GrecoSherry From: karen@patrickneale.com on behalf of Karen Klukiewicz <karen@patrickneale.com> Sent: Monday, February 06, 2017 4:18 PM To: GrecoSherry Cc: khall@patrickneale.com; pneale@patrickneale.com Subject: Registered: FW: Variance 342 Tradewinds Avenue Attachments: 20170112 marks It reischl.pdf; 9A-VA-PL20160001181-342 Trade Winds Avenue - Staff Report.pdf X This is a Registered Email® message from Karen Klukiewicz. Sherry— Can you please provide status on this? Mr. Neale would still appreciate the opportunity to meet with Commissioner Taylor this week. Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karenpatrickneale.com Email Servicing: email-service(c,patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 1 From:Judi Menard Sent:Thursday, February 02, 2017 12:54 PM To:SherryGreco@colliergov.net Cc: Karen Klukiewicz<karen@patrickneale.com>; Patrick Neale <pneale@patrickneale.com> Subject:Variance 342 Tradewinds Avenue Sherry- Karen is out of the office this afternoon. In her absence, attached please find a copy of the Staff Report and a copy of my letter of opposition with regard to the variance noted above. After Commissioner Taylor has reviewed the attached, please give Karen a call at this office, in the hopes of scheduling a meeting. Please let me know if you have any questions. Judi Menard Legal Assistant to Patrick H. Neale, Esq. Phone: 239-642-1485 Fax: 239-642-1487 Email: khalMpatrickneale.com Email Service Address: email-servicepatrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. Click here to send a Registered Email® message to anyone. E 2 GrecoSherry Subject: Trade Winds Avenue - Patrick Neale (Patrick Neale &Associates) Location: your office Start: Thu 2/9/2017 1:30 PM End: Thu 2/9/2017 2:00 PM Recurrence: (none) Organizer: TaylorPenny Karen 239-624-1483 U Registered: FW: Variance 342... 1 GrecoSherry From: Karen Klukiewicz <karen@patrickneale.com> Sent: Wednesday, February 01, 2017 11:35 AM To: GrecoSherry Subject: Meeting with Commissioner Taylor Hello, Sherry— Mr. Patrick Neale would like to meet with Commissioner Taylor to discuss Variance Petition VA-PL20160001181—342 Trade Winds Avenue, which will be scheduled in front of the Commission soon. Might she has some time available next week? Best regards, Karen Klukiewicz Chief of Operations Assistant to Attorney Patrick H. Neale Patrick Neale&Associates Phone: 239-642-1485 Fax: 239-642-1487 Email: karen(&patrickneale.com Email Servicing: email-service@patrickneale.com www.patrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s)or entity(s)named within the message.This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges.Should the intended recipient forward or disclose this message to another person or party,that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient,you are hereby notified that any review,dissemination,distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C.section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230:Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties,and are not intended to be used or referred to in any marketing or promotional materials. 1 4 GrecoSherry From: Patrick Neale <pneale@patrickneale.com> Sent: Friday, February 24, 2017 3:37 PM To: GrecoSherry Cc: George Marks; Karen Klukiewicz; Alexander Zurawsky Subject: RE: Variance 342 Tradewinds Avenue Sherry Just want to make clear that this is from the Pool permit file, not the house permit file. Thanks, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pneale(a patrickneale.com Secondary Email address for service: email-serviceapatrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: Patrick Neale Sent: Friday, February 24,2017 3:30 PM To: 'GrecoSherry'<SherryGreco@colliergov.net> 1 1 , Cc: 'George Marks' <gemarks@comcast.net>; Karen Klukiewicz<karen@patrickneale.com>; Kerri Hall <khall@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry Hope you are having a great Friday.Attached is a document regarding the variance that I think Commissioner Taylor would be interested in.The Pool Contractor agrees in writing to correct any non-conformity. Let me know if the Commissioner has any questions. Regards, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pnealena patrickneale.com Secondary Email address for service: email-service(a�patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From:GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Thursday, February 23, 2017 3:23 PM To: Patrick Neale<pneale@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue 2 Pat, I will look out for it. S6erry 4reco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net COI County From: Patrick Neale [mailto:pneale@patrickneale.com] Sent:Thursday, February 23, 2017 2:31 PM To: GrecoSherry<SherrvGreco@colliergov.net>; Alexander Zurawsky<alexz@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net>; Karen Klukiewicz<karen@patrickneale.com>; Alexander Zurawsky <alexz@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry Thank you very much for the information. I will be sending Commissioner Taylor some additional information about this matter either tomorrow or Monday morning. All the best, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pnealena patrickneale.com Secondary Email address for service: email-service(a,patrickneale.com Please visit our website: www.Datrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client 3 relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Thursday, February 23, 2017 2:25 PM To:Alexander Zurawsky<alexz@patrickneale.com>; Patrick Neale<pneale@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net> Subject:Variance 342 Tradewinds Avenue Hi Mr. Neale, Commissioner Taylor has asked me to inform you that the above agenda item will be presented after lunch at about 1 PM. F you would like to access the agenda for the February 28, 2017 BCC regular meeting it is available through Colliergov.net or by clicking on the link below: http://colliercountyfl.igm2.com/Citizens/default.aspx sherry 4reco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net • County 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. 4 GrecoSherry From: Patrick Neale <pneale@patrickneale.com> Sent: Friday, February 24, 2017 3:30 PM To: GrecoSherry Cc: George Marks; Karen Klukiewicz; Alexander Zurawsky Subject: RE: Variance 342 Tradewinds Avenue Attachments: Affidavit In Lieu of Certified Site Plan Remediations.pdf Sherry Hope you are having a great Friday.Attached is a document regarding the variance that I think Commissioner Taylor would be interested in.The Pool Contractor agrees in writing to correct any non-conformity. Let me know if the Commissioner has any questions. Regards, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pnealepatrickneale.com Secondary Email address for service: email-service(c patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. 1 From:GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Thursday, February 23, 2017 3:23 PM To: Patrick Neale <pneale@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Pat, I will look out for it. sem Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net CoHrrty From: Patrick Neale [mailto:pneale@patrickneale.com] Sent:Thursday, February 23, 2017 2:31 PM To: GrecoSherry<SherryGreco@colliergov.net>;Alexander Zurawsky<alexz@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net>; Karen Klukiewicz<karen@patrickneale.com>;Alexander Zurawsky <alexz@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry Thank you very much for the information. I will be sending Commissioner Taylor some additional information about this matter either tomorrow or Monday morning. All the best, Pat Patrick H. Neale Patrick Neale&Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pneale@patrickneale.com Secondary Email address for service: email-service(cr�patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this 2 message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.nen Sent:Thursday, February 23, 2017 2:25 PM To:Alexander Zurawsky<alexz@patrickneale.com>; Patrick Neale<pneale@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net> Subject:Variance 342 Tradewinds Avenue Hi Mr. Neale, Commissioner Taylor has asked me to inform you that the above agenda item will be presented after lunch at about 1 PM. F you would like to access the agenda for the February 28, 2017 BCC regular meeting it is available through Colliergov.net or by clicking on the link below: http://colliercountyfl.igm2.com/Citizens/default.aspx Skerry Cjreco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net COStllty 3 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. 4 Affidavit in lieu of Certified Site Plan To be filed with Permit Application State of Florida County of Collier • I /� ,,,,, m0,,,,1, , do hereby affirm that the work performed under Permit Number )timed/Da -7(0does not constitute any modification to the original permitted footprint of structure that existed prior to the issuance of this permit. I further affirm that, to the best of my knowledge, the footprint of the structure shall conform to the applicable setback(s) and easement requirement(s) established by Collier County and/or any other applicable agency. I hereby agree that should any work performed under this permit result in a nonconformity with any setback(s) or easement requirement(s) established by Collier County or any other applicable agency, I will have no sustainable rebuttal against Collier County Government and will immediately remediate the nonconformity at no expense oilier County Government. Signe.: �•°_ 1W- • Printed Name: 14144. Melt (Check one) Owner/Builder [ 1 Contractor [ IT Design Professional [ 1 AFFIRMED AND SUBSCRIBED beffoo e me, the undersigned authority, on /Z- 24/(a, 2010, byL tLGcf� r (check one)who is personally known to me [ 1 or who provided -'fit as identification 1 1. 411` (Seal) NOTARY PUBLIC - State of i!',,:°kr CAROL RtUTHSTACHURA printed Name: k * MY COMMISSION i FF 033307 EXPIRES:February 16,2018 '*40,forearrearlau wary services My commission expires: 7/15/2013 A-128 s + GrecoSherry From: Patrick Neale <pneale@patrickneale.com> Sent: Friday, February 24, 2017 3:57 PM To: GrecoSherry Cc: George Marks; Karen Klukiewicz; Alexander Zurawsky Subject: RE: Variance 342 Tradewinds Avenue Attachments: Qualifiers Page Highlighted.pdf Here is a document from the house permit file. I have highlighted to show that the builder agrees that approval of the permit does not exempt him from complying with the LDC. Pat Patrick H. Neale Patrick Neale&Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pnealena.patrickneale.com Secondary Email address for service: email-service©patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: Patrick Neale Sent: Friday, February 24,2017 3:37 PM To: 'GrecoSherry' <SherryGreco@colliergov.net> Cc: 'George Marks'<gemarks@comcast.net>; Karen Klukiewicz<karen@patrickneale.com>; Kerni Hall <khall@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry Just want to make clear that this is from the Pool permit file, not the house permit file. Thanks, Pat Patrick H. Neale Patrick Neale&Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pneale(a�patrickneale.com Secondary Email address for service: email-service(a.patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: Patrick Neale Sent: Friday, February 24, 2017 3:30 PM To: 'GrecoSherry'<SherryGreco@colliergov.net> Cc: 'George Marks' <gemarks@comcast.net>; Karen Klukiewicz<karen@patrickneale.com>; Kerri Hall <khall@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry 2 > I Hope you are having a great Friday. Attached is a document regarding the variance that I think Commissioner Taylor would be interested in.The Pool Contractor agrees in writing to correct any non-conformity. Let me know if the Commissioner has any questions. Regards, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pneale(cr�patrickneale.com Secondary Email address for service: email-service(a�patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherrvGreco@colliergov.net] Sent:Thursday, February 23, 2017 3:23 PM To: Patrick Neale<pneale@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Pat, I will look out for it. 3 s4ierr, ( reco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco @colliergov.net County From: Patrick Neale [mailto:pneale@patrickneale.com] Sent:Thursday, February 23, 2017 2:31 PM To: GrecoSherry<SherryGreco@colliergov.net>; Alexander Zurawsky<alexz@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net>; Karen Klukiewicz<karen@patrickneale.com>; Alexander Zurawsky <alexz@patrickneale.com> Subject: RE:Variance 342 Tradewinds Avenue Sherry Thank you very much for the information. I will be sending Commissioner Taylor some additional information about this matter either tomorrow or Monday morning. All the best, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pnealepatrickneale.com Secondary Email address for service: email-servicena.patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. 4 L i Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From:GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Thursday, February 23, 2017 2:25 PM To:Alexander Zurawsky<alexz@patrickneale.com>; Patrick Neale<pneale@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net> Subject:Variance 342 Tradewinds Avenue Hi Mr. Neale, Commissioner Taylor has asked me to inform you that the above agenda item will be presented after lunch at about 1 PM. F you would like to access the agenda for the February 28, 2017 BCC regular meeting it is available through Colliergov.net or by clicking on the link below: http://colliercountyfl.igm2.com/Citizens/default.aspx SIierrj e reco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net County 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. 5 GrecoSherry From: Alexander Zurawsky <alexz©patrickneale.com> Sent: Monday, February 27, 2017 12:34 PM To: TaylorPenny Cc: Karen Klukiewicz; Patrick Neale Subject: PETITION VA-PL20160001181, 342 TRADE WINDS AVENUE— Item 8.A, BCC Meeting February 28, 2017 Attachments: 20170227 PHN Letter to County Manager.pdf Dear Commissioner Taylor: Attached please find an e-mail copy of a letter regarding the above,which was sent to County Manager Ochs. Your office will also receive a hard copy of the attached and referenced letter. Should you have any questions, do not hesitate to contact our office. Thank you and have a nice day! Alexander Zurawsky, J.D. Paralegal Phone: 239-642-1485 Fax: 239-642-1487 Email: alexz(apatrickneale.com Email Service Address: email-service@ atrickneale.com Principal Office 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office 950 North Collier Blvd. Marco Island, FL 34145 Mailing Address P. O. Box 9440 Naples, FL 34101-9440 This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. 1 T23;.642.1483 PATRICK Naples F 239642 x487 EALE 5470 Bryson Court Suite 103 E info@patrickneale.com T Naples,Florida 34109 wwwpatridrneale.com ;`ASSOCIATES Mallmg` Patrick H. Neale Marco Island(by appointment): P.O.Box 9440 950 North Collier Blvd.Suite 400 Naples,Florida 34101-9440 Attorney at Law Marco Island,Florida 34145 February 27,2017 Mr. Leo Ochs County Manager Collier County Government 3299 Tamiami Trail East,Suite 202 Naples,FL 34112-5746 RE: PETITION VA-PL20160001181,342 TRADE WINDS AVENUE—Item 8.A, BCC Meeting February 28,2017 Dear Leo: I represent Mr.George Marks who owns the property across the canal from the subject property and who is opposed to the variance petition. I will be sending under separate cover all the Commissioners a copy of my client's presentation regarding his opposition to this petition and the many reasons for which this petition should be denied. My client and I are requesting additional time at the BCC hearing on February 28,2017 to present both the attached document and our legal arguments in this matter.As you can appreciate, the extensive documentation and legal issues cannot be presented in the three(3) minutes normally allowed for public comment.The County Attorney is well aware that procedural due process must be afforded to all parties in a quasi-judicial proceeding. Wolk v. Bd of County Comm'rs, 117 So. 3d 1219 (Fla. Dist. Ct.App.5th Dist. 2013);Haines City Cmty. Dev. v.Heggs, 658 So.2d 523 (Fla. 1995) To permit the petitioners to put evidence and argument on the record for consideration without allowing the opponents of the variance to do the same would be a denial of my client's due process rights.Therefore, my client and I are requesting thirty minutes each for our presentations before the Board of County Commissioners. I have copied Chair Penny Taylor and County Attorney Jeff Klatzkow on this letter so that they may consider this request. I appreciate your attention to this matter. If you have any questions, please do not hesitate to contact me. Sincerely, Patrick H. Neale Cc: Penny Taylor Jeff Klatzkow GrecoSherry From: Patrick Neale <pneale@patrickneale.com> Sent: Thursday, February 23, 2017 2:31 PM To: GrecoSherry; Alexander Zurawsky Cc: TaylorPenny; Karen Klukiewicz; Alexander Zurawsky Subject: RE: Variance 342 Tradewinds Avenue Sherry Thank you very much for the information. I will be sending Commissioner Taylor some additional information about this matter either tomorrow or Monday morning. All the best, Pat Patrick H. Neale Patrick Neale &Associates Attorney at Law Primary Office: 5470 Bryson Court, Suite 103 Naples, FL 34109 Marco Island Office: (By Appointment Only) 950 North Collier Blvd. Suite 400 Marco Island, FL 34145 Phone: 239 642-1485 Fax: 239 642-1487 Mobile: 239 404-7930 Primary Email: pneale(�patrickneale.com Secondary Email address for service: email-serviceCa,patrickneale.com Please visit our website: www.patrickneale.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws. We assist people with finding solutions to their debt problems, including assisting them with the filing of petitions for relief under the United States Bankruptcy Code. Representation: No representation by our Firm, or by any member of our Firm, shall be deemed to commence by any correspondence other than a mutually signed engagement and representation letter. Evidentiary Privilege: To the extent that this message is being sent to settle a claim or dispute, all evidentiary limitations on its use and admissibility are hereby expressly made applicable to the message and its contents. Disclaimer under Circular 230: Any statements regarding tax matters made herein, including any attachments, are not formal tax opinions by this firm, cannot be relied upon or used by any person to avoid tax penalties, and are not intended to be used or referred to in any marketing or promotional materials. From: GrecoSherry [mailto:SherryGreco@colliergov.net] Sent:Thursday, February 23, 2017 2:25 PM 1 To:Alexander Zurawsky<alexz@patrickneale.com>; Patrick Neale <pneale@patrickneale.com> Cc:TaylorPenny<PennyTaylor@colliergov.net> Subject:Variance 342 Tradewinds Avenue Hi Mr. Neale, Commissioner Taylor has asked me to inform you that the above agenda item will be presented after lunch at about 1 PM. F you would like to access the agenda for the February 28, 2017 BCC regular meeting it is available through Colliergov.net or by clicking on the link below: http://colliercountyfl.igm2.com/Citizens/default.aspx SSierry Cyreco Sherry Greco Executive Coordinator to Commissioner Penny Taylor, District 4 239-252-8604 SherryGreco@colliergov.net COI'. Comity 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. 2