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HEX Backup 09/27/2018 COLLIER COUNTY HEARING EXAMINER HEARINGS BACKUP DOCUMENTS SEPTEMBER 27, 2018 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,SEPTEMBER 27,2018 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA-PL20180001625 — The Ohana Group, LLC requests a variance from the minimum front yard setback in LDC Section 4.02.01.A, Table 2.1 for a single family dwelling on property zoned RMF-6,to reduce the minimum front yard setback on the east side from 25 feet to 7.5 feet for the building and 5.5 feet for the roof overhang,located on the west side of Curtis Street between Clark Court and Church Avenue, also described as 2140 Curtis Street, in Section 11, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] B. PETITION NO. VA-PL20180002054 — William D. Toler 20-Year Qualified Personal Residence Trust and Deborah H.Toler 20-Year Qualified Personal Residence Trust request a variance from Section 10.5.4 of the Lely Barefoot Beach PUD,Ordinance No. 77-48, as amended, to reduce the minimum setback to the north and south property lines from one-half the building height, or 18.8 feet, to 15 feet, for a single family home located at Lot 30, Southport on the Bay Unit One, also known as 202 San Mateo Drive in Bonita Springs, in Section 6, Township 48 South, Range 25 East, Collier County, Florida, consisting of 0.48+ acres. [Coordinator: John Kelly, Senior Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN VA-PL2O18OOO1625 9/27/18 Teresa L. Cannon 2140 Curtis Street From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday,August 28, 2018 2:03 PM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; KellyJohn; SmithCamden;VelascoJessica Subject: Advertisement Request for your review PL20180001625 - 2140 Curtis Street as part of Kona Kova Development (VA) Attachments: 2 x 3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, "Iftexeutet44 ead 4044. Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ler County Exceeding Expectations 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. August 28, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 7,2018 and furnish proof of publication to the attention of John Kelly, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples. Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. ne advertisementUST NOT _�$ advertisements appear. Please reference the followim v ; ; DIVISION: ZONING [Zoning Services Section) FUND &COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 Authorized Designee signature for HEX Advertising P120180001625 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001625—THE GHANA GROUP,LLC REQUESTS A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION 4.02.01.A,TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY ZONED RMF-6,TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR THE ROOF OVERHANG, LOCATED ON THE WEST SIDE OF CURTIS STREET BETWEEN CLARK COURT AND CHURCH AVENUE, ALSO DESCRIBED AS 2140 CURTIS STREET, IN SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST,COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida aF �aF rS w(eq IS)10uapaj IS Siyn3 � L U Z v p n Q C G di 6 J 1S Jadidpueg Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, August 28, 2018 3:47 PM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; KellyJohn;AshtonHeidi Subject: re:Advertisement Request for your review PL20180001625 - 2140 Curtis Street as part of Kona Kova Development (VA) Attachments: 2 x 3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf This ad request is good. "Wanda Rodriguez, .ACP .Advanced Certified Paralegal- Office of the County .Attorney (239) 252-8400 From: CasanovaAlexandra Sent:Tuesday,August 28, 2018 2:03 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject:Advertisement Request for your review PL20180001625-2140 Curtis Street as part of Kona Kova Development (VA) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, "Mewl LCtlLa e44444142 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co Ter County Exceeding Expectations 1 Acct #076397 August 28, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20180001625 — 2140 Curtis Street (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, September 7, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 August 28, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 7, 2018 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamimai Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001625 — THE OHANA GROUP, LLC REQUESTS A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION 4.02.01.A, TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY ZONED RMF-6, TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR THE ROOF OVERHANG, LOCATED ON THE WEST SIDE OF CURTIS STREET BETWEEN CLARK COURT AND CHURCH AVENUE, ALSO DESCRIBED AS 2140 CURTIS STREET, IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida Sandpiper ST 7 • r cn O 0 M O rn —Iro m m o n n m Z i E IG S 111�� m Curtis ST 1 Frederick ST Palm S �yy �y Teresa L. Cannon From: Teresa L. Cannon Sent: Tuesday,August 28, 2018 4:14 PM To: Naples Daily News Legals Subject: VA-PL20180001625 Curtis Street Attachments: VA-PL20180001625 (HEX 9-27-18).doc;VA-PL20180001625 (HEX 9-27-18).doc;VA- PL20180001625 (HEX 9-27-18).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, August 30, 2018 10:56 AM To: Teresa L. Cannon Subject: Naples Display ad 2105107 Run Date 9/7- Size 3x9.25 Cost $932.40 RE:VA- PL20180001625 Curtis Street Attachments: ND-2105107.pdf Teresa, Here is the proof of ad. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, August 28, 2018 4:14 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001625 Curtis Street Legals, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/uiGeCaxpKYfoM5p6hZSBpC?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180001625 —THE OHANA GROUP, LLC REQUESTS A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION 4.02.01.A, TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY ZONED RMF-6,TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR THE ROOF OVERHANG, LOCATED ON THE WEST SIDE OF CURTIS STREET BETWEEN CLARK COURT AND CHURCH AVENUE, ALSO DESCRIBED AS 2140 CURTIS STREET,IN SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. co • 26 PROJECT r — - a LOCATION � a Smugglers CV j Church AVE All interested parties are invited to appear and be heard.All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 7,2018 ND.2105107 ❑ PROOF O.K.BY: 0 O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:8/29/2018 1:52 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/07/18 ND-2105107.INDD SIZE:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra;VelascoJessica; 'johnkelly@colliercountyfl.gov' Subject: FW: Naples Display ad 2105107 Run Date 9/7- Size 3x9.25 Cost $932.40 RE:VA- PL20180001625 Curtis Street Attachments: ND-2105107.pdf Please review—CA-PL20180001625 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, August 30, 2018 10:56 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: Naples Display ad 2105107 Run Date 9/7-Size 3x9.25 Cost$932.40 RE:VA-PL20180001625 Curtis Street Teresa, Here is the proof of ad. From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Tuesday, August 28, 2018 4:14 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001625 Curtis Street Lega Is, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at htto://protect-us.mimecast.com/s/uiGeCaxDKYfoM5p6hZSBpC?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 CasanovaAlexandra From: KellyJohn Sent: Thursday,August 30, 2018 12:29 PM To: CasanovaAlexandra Subject: RE:Ad approval for your review VA-PL20180001625 Curtis Street Attachments: ND-2105107.pdf Alexandra, The attached proof appears to be correct, please proceed accordingly. Respectfully, John 7KetTy Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.00v Tell us how we are doing by taking our Zoning Division Survey at 1465fitogillfr1ia Co�ier County Growth Management Department From:CasanovaAlexandra Sent:Thursday,August 30,2018 11:35 AM To: luke@sonrisebuilding.com Cc: KellyJohn<John.Kelly@colliercountyfl.gov>; NeetVirginia<Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>;VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject:Ad approval for your review VA-PL20180001625 Curtis Street Luke, Advertisement for:2140 Curtis Street as part of Kona Kove Development(VA), PL#20180001625 for the HEX on September 27, 2018 The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision,which we will forward to the County Attorney for a decision. If you approve the ad,please reply approved. If advertisement is approved after COB August 31,your item may be continued. Respectfully, 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Friday,August 31, 2018 9:04 AM To: RodriguezWanda Cc: KellyJohn;VelascoJessica; SmithCamden Subject: FW:Ad approval for your review VA-PL20180001625 Curtis Street Attachments: ND-2105107.pdf;Applicant Ad Proof Approval.pdf Good morning, Below please find planners ad approval, attached you will find the Applicants approval for the NDN ad proof. Respectfully, ,4ce ad/ta eadQu14l6a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ier County Exceeding Expectations From: KellyJohn Sent:Thursday,August 30, 2018 12:29 PM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: Ad approval for your review VA-PL20180001625 Curtis Street Alexandra, The attached proof appears to be correct, please proceed accordingly. Respectfully, John Kelly Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 1 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday,August 31, 2018 10:23 AM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; KellyJohn Subject: RE: Naples Display ad 2105107 Run Date 9/7- Size 3x9.25 Cost $932.40 RE:VA- PL20180001625 Curtis Street Attachments: 8-30-18 Public Hearing Notice Verbiage Approval.pdf; FW:Ad approval for your review VA-PL20180001625 Curtis Street Applicant and staff approvals are attached, and this proof is good to go for us too. Thank you, Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Thursday,August 30, 2018 10:58 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; 'johnkelly@colliercountyfl.gov' <johnkelly@colliercountyfl.gov> Subject: FW: Naples Display ad 2105107 Run Date 9/7-Size 3x9.25 Cost$932.40 RE: VA-PL20180001625 Curtis Street Please review—CA-PL20180001625 From: NDN-Legals<legals@naplesnews.com> Sent:Thursday,August 30, 2018 10:56 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Naples Display ad 2105107 Run Date 9/7-Size 3x9.25 Cost$932.40 RE:VA-PL20180001625 Curtis Street Teresa, Here is the proof of ad. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, August 28,2018 4:14 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180001625 Curtis Street Legals, Please advertise the attached Display Ad w/Map on Friday,September 7,2018.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 1 Teresa L. Cannon To: NDN-Legals Subject: RE: Naples Display ad 2105107 Run Date 9/7- Size 3x9.25 Cost $932.40 RE:VA- PL20180001625 Curtis Street Legals, Proof looks good, OK to run! Thanks From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, August 30, 2018 10:56 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Naples Display ad 2105107 Run Date 9/7-Size 3x9.25 Cost$932.40 RE:VA-PL20180001625 Curtis Street Teresa, Here is the proof of ad. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Tuesday, August 28,2018 4:14 PM To: NDN-Legals<Iegals@naplesnews.com> Subject:VA-PL20180001625 Curtis Street Legals, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thanks Teresa Cannon, BMR Senior Clerk II Minutes & Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/uiGeCgxpKYfoM5o6hZSBoC?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: PETITION NO. VA-PL20180001625 — THE OHANA GROUP, LLC REQUESTS A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION 4.02.01.A, TABLE 2.1 FOR A, SINGLE FAMILY DWELLING ON PROPERTY ZONED RMF-6,TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR THE ROOF OVERHANG, LOCATED ON THE WEST SIDE OF CURTIS STREET BETWEEN CLARK COURT AND CHURCH AVENUE, ALSO DESCRIBED AS 2140 CURTIS STREET,IN SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. r v . PROJECT r LOCATIONcn c j m E Smugglers CV U Church AVE w+ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes fmal on the date rendered. If a person decides • to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to 61 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner � � Collier County,Florida ND.2105107 September 7,2018 ? ap1rø Battu ...,,-Nr1116 NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2105107 VA-PL20180001625-214 4500186697 Pub Dates September 7,2018 Ittlab, (9YJ2e,ari (Sign ture of affiant) I ..��:',„ KAROLEKANGAS I Notary Pub&-State of Florida Sworn to and subscribed before me - CoissinlGG126041 :� . Commission My Comm Expires Ju129,2021 This September 11,2018 .. ,*'' Im4d@Aaph NrtlawNotary Oast qcvArro (Signature of affiant) 24A I FRIDAY,SEPTEMBER 7,2018 1 NAPLES DAILY NEWS Amway founder, AIR DUCT CLEANING e e ALLERGIES?ASTHMA?HEADACHES? eta Magic owner Richard Could REDUCE o _. , ., 8a•» ,. DeVos dies at age 92 heat ngour cost/up to �/V Corey Williams No.1 cheerleader and the best owner Advanced O ASSOCIATED PRESS that a Magic fan could evex want for a their team" Restoration Tykes — DETROIT—Billionaire Richard De- Amway was not with- Vos,co-founder of direct-selling giant out controversy.The Fed- Lowest Amway,owner of the Orlando Magic eral Trade Commission ] Price Ever! 04995 and father-in-law of Education Secre- charged in 1969 that the tary Betsy DeVos,died Thursday.He company was an illegal MOLD INSPECTION Unlimited was 92. pyramid scheme, but Vents Family spokesman Nick Wasmiller ruled after a six-year in- (REG. $99) said DeVos died at his western Michigan Richard vestigation that it wasn't. home due to complications from an in- DeVos Amway also has been We also offer NC Cleaning•Air Handler cleaning - - fection. controversial because of Sanitising Duct Repairs•Certified Mold Removal DeVos was born in Grand Rapids,not its almost evangelical zeal in promoting Before/After Inspection far from Ada,the community about 140 free enterprise,and gained attention State-of-the-Art UV Purification Systems I miles west of Detroit where he later with DeVos'and Jay Van Anders high- Licensed a Insured for your Protection! lam.Y Arm Matting - lived and died. profile participation in Republican poll- CALL KAC1816190•MR5R91•MRSA-7S - In 1949,he and friend Jay Van Andel tics.DeVos was a major supporter of the NOW 888-223-2850 • www.fl-ars.com took $49 and invested the modest Republican Party and was appointed by amount into manufacturer and vitamin President Ronald Reagan to the Presi- - direct-seller Nutrilite.They became in- dential Commission on AIDS in 1987. A � INSV` dependent vitamin distributors and tat- DeVos and his late wife,Helen,also er used the company's person-to-per- donated to Christian churches and min- A. ■A. son sellingAda with achn wlll-pu stpose houng se- istries and e causes throFounda their you pay Q hurricane ane way in Ada with an all-purpose house- Richard and Helen DeVos Foundation. Did ,W hold cleaning product. "Rich gave so much of himself to -/-�� 177 }�.1 1!Y claim' Theyvcoboned the name Amn Way. an sGrandion Velco His s,enthusiasmand and n- Ia ZIC ib1C With your Claw I G abbreviation of American Way."Over Sion were contagious,and drew the en- five decades,Amway became a multi- tire community together to help provider,...-- n billion-dollar international corporation. a world-class education to West Michi- 3 Van Andel died in 2004. gan citizen,"Grand Valley State Presi- Many of our policy i "Rich and my father built this comps- dent Thomas J.Haas said in a written ' :: a ny from the ground up,and in many statement. ( holders DID NOT! ways Rich was the heart and soul of Mn- DeVos and Van Andel also helped re- f- r.i I way,"said Steve Van Andel,Amway's vitalize downtown Grand Rapids,and g.: Combine homeowners chair."His vision and spirit inspired our many buildings and institutions in the and wind coverage into employees and independent business city bear the names of the men or their owners for more than 50 years." company. one policy that includes a Devon, who served as Amway's DeVos graduated from Grand Rapids DISAPPEARING president until 1993,also was involved Christian High School and attended Cal- in the NBA,buying the Magic from a vin College.He served from 1944 to 1946 - hurricane deductible. group headed by Orlando real estate de- in the U.S.Army Air Corps. Jim BonftttO Pool cage coverage veloper William duPont III in 1991. His son,Dick,is married to Betsy De- Tracy Stolina3 "Mr.DeVos'boundless generosity,in- Vos,who was appointed Education Sec- Joe Bennett is also INCLUDED. spirational leadership and infectious retaryby President Donald Trump.He is pppppQ enthusiasm will always be remem- also survived by three other children, 239-394-UooU bered,"Magic CEO Alex Martins said in two sisters and a number of grandchil- astatement."Simply,he was the team's wren. 583 Tallwood Street#102•Marco Island,FL 34145 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Examiner(HEX)at 9:00 A.M.,September 27,2018,in the Hearing Examiner's Hearing Examiner(HEX)at 9:00 A.M.,September 27,2018,in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples consider: Fl 34104,to consider. PETITION NO.VA-PL20180001625—THE OHANA GROUP,LLC REQUESTS A PETITION NO. VA-PL20180002054 — WILLIAM D. TOLER 20-YEAR VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H.TOLER 20- 4.02.O1.A,TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE ZONED RMF-6,TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD,ORDINANCE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR NO.77-48,AS AMENDED,TO REDUCE THE MINIMUM SETBACK TO THE THE ROOF OVERHANG,LOCATED ON THE WEST SIDE OF CURTIS STREET NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING BETWEEN CLARK COURT AND CHURCH AVENUE,ALSO DESCRIBED AS HEIGHT,OR 18.8 FEET,TO 15 FEET,FORA SINGLE FAMILY HOME LOCATED 2140 CURTIS STREET,IN SECTION II,TOWNSHIP 50 SOUTH,RANGE 25 EAST, AT LOT 30,SOUTHPORT ON THE BAY UNIT ONE,ALSO KNOWN AS 202 COLLIER COUNTY,FLORIDA. SAN MATER DRIVE IN BONITA SPRINGS,IN SECTION 6,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 44'S, , ,d, 0.48±ACRES. FSie„a.aNrnan N 1 PROJECT a r PROJECT �—LL LOCATION g LOCATION m E r p 2 ` \Smugglers CV U • M+p ,i Church AVE All interested parties are invited to appear and be heard, All materials used in All interested parties are invited to appear and he heard.All materials used in presentation presentation before the Hearing Examiner will become a permanent part of the before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing. The file can be Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive.Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person decides The Hearing Examiner's decision becomes final on the date rendered. If a person to appeal any decision made by the Collier County Hearing Examiner with respect to any decides to appeal any decision made by the Collier County Hearing Examiner with matter considered at such meeting or hearing,he will need a record of that proceeding, respect to any matter considered at such meeting or hearing,he will need a record of and for such purpose he may need to ensure that a verbatim record of the proceedings that proceeding,and for such purpose he may need to ensure that a verbatim record is made,which record includes the testimony and evidence upon which the appeal is to of the proceedings is made,which record includes the testimony and evidence upon be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation m order to If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of participate in this proceeding,you are entitled,at no cost to you,to the provision certain assistance. Please contact the Collier County Facilities Management Division of certain assistance. Please contact the Collier County Facilities Management located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- 8380,at least two days prior to the meeting. 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Florida Collier County,Florida September 7,2018 ND.2105107 September 7,2018 No.2105466 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples Fl 34104, to consider: 1.4 4 3tte PETITION NO. VA-PL20180001625 — THE OHANA GROUP, LLC REQUESTS A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION 4.02.01.A, TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY ZONED RMF-6,TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE EAST SIDE FROM 25 FEET TO 7.5 FEET FOR THE BUILDING AND 5.5 FEET FOR in THE ROOF OVERHANG, LOCATED ON THE WEST SIDE OF CURTIS STREET m BETWEEN CLARK COURT AND CHURCH AVENUE, ALSO DESCRIBED AS 2140 CURTIS STREET,IN SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST, K ca COLLIER COUNTY,FLORIDA. m 40 TO'''/0/?? , 0 1 ai? ?, 8 z o PROJECTr - - a LOCATION llm �_ a D Smugglers CV U Z to Church AVE w 0 +E All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides 1 to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to I be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101,Naples,Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 7,2018 ND.2105107 AGENDA ITEM 3-A 9ir942ntY STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: SEPTEMBER 27, 2018 SUBJECT: PETITION VA-PL20180001625; 2140 CURTIS STREET PROPERTY OWNER/AGENT: Owner/Applicant: Agents: The Ohana Group, LLC Luke Fredrickson 967 4th Avenue North. Sonrise Building Company Naples, FL 34102 967 4th Avenue North Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX) consider an application for a variance from Section 4.02.01 A.,Table 2.1 of the Land Development Code(LDC)to reduce the minimum front yard setback for the eastern front yard of a corner lot, from 25 feet to 7.5 feet for the building and to 5.5 feet for the roof overhang, located at 2140 Curtis Street. GEOGRAPHIC LOCATION: The subject property is located on the west side of Curtis Street between Clark Court and Church Ave, also described as 2140 Curtis Street, on Parcel 7.3 in Section 11, Township 50 South, Range 25 East,Collier County,Florida,consisting of 0.224 acres (See location map on page 2 and Survey on page 3). VA-PL20180001625;2140 Curtis St. Page 1 of 8 Final-September 10,2018 1 r,....., 8eeo0oo00 0 ..- CV M a i (AID n co 1S Wn3 ' Q. tiCU Lu 2 _ L ° r I — ® o u, O W N ® a N z 0 ® o0 00 I cl 0 N J ,..00l z a CD E z c 0 o iS oiled > Q`. d CO F� Q a tea' a ' IS�lalJepaJg (� is SflJfl3 IaO t co Lo V 3 0 / V Wi 1' / iS JedldpueS .. O v d O VA-PL20180001625;2140 Curtis St. Page 2 of 8 Final-September 10, 2018 i= 7'), X i IMIMI i;1a ypy 1r- a • 1" w ' lige t.5111 1!%:42i1:7101 !%: 71 1 e_31'$ a dE 'ta !:{ o 'Il_ pas, ;,$..;,i 5;6 2' J$aa�l$iig!t 1.41 ApAgf� r ti . 1 "' al 1. ¢ a.oN C11A• 0 w t 7�. '� b eA � � . uRT'1S S � REF7 d\ i ", • aiQ _ li .e__ , mti c • .t 10'BL7 M _9C.L0.00 S ^(rt: .►L'OLt 3 _1G,60.00 N I s O V d K a i 11 re a io LL JL'. i N. I 6 lb C t b n n 17b° F m z1 340! l''' ° 6 , epe I ; I �K c �e er F B c� - 3q-ta4'e P e I :17016111:A:1 t w 11 a°Ce ed IS a` S CZ I = •3 i!zr Y161 iv!$ yy 2 ,n : I Jm ;7w 4y-ri ev pw 4 1 ; Q : PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within a Residential Multi-Family-6 (RMF-6)zoning district. The subject property is located within an unrecorded subdivision and is deemed to be a conforming lot of record. The applicant seeks to develop five single-family lots, one of which has already been constructed, using an identical building product on each lot;however,this is not possible without a variance as the subject property is deemed to be a corner lot and setbacks are applied differently on corner lots versus interior lots. A corner lot, by definition, has two front yards and two side yards, there is no rear yard as there is with an interior lot; the front yard with the shorter street frontage establishes the required minimum lot width. Section 4.02.01 A., Table 2.1 of the Land Development Code(LDC)provides that minimum front yards on conforming lots within the RMF- 6 Zoning District are 25-feet and side yards are 7.5 feet for principal structures. LDC Section 4.02.01 D.7 allows unroofed and unenclosed stairways to encroach up to 3 feet into the front yard of a single-family residence.As evidenced by the provided site plan,the proposed one-story single- family residence is to be constructed 7.5-feet from the east property line fronting on Curtis Street, the roof overhang will measure 5.5-feet from the east property line;hence, a variance of 17.5-feet is sought for the building and 19.5 feet for the roof overhang to the eastern front yard fronting on Curtis Street. Staff notes that as the immediate vicinity is nearly built out it is unlikely that Curtis Street will be expanded, as such, an unusually large right-of-way buffer presently exists adjacent to the subject property. SURROUNDING LAND USE AND ZONING: North: Multi-family development within a RMF-6 zoning district East: Curtis Street (Right-of-way) then Single-family dwelling within a RMF-6 zoning district South: Access Easement then single-family Mobile dwelling within a RMF-6 zoning district West: Proposed single-family dwelling within a RMF-6 zoning district VA-PL20180001625;2140 Curtis St. Page 4 of 8 Final-September 10,2018 , , . ...... , ,._ , , , oil 4 t ' ,, a�IP xag.. [ , 4µ. ::,:.„:„ il re.,'°"-- ,iv • ,,, , S . _ . , ,,; a ..., ' , .11 a 141044. 4,r r t . ing Smogg Aar'CV 4. i gr. , . . ., . . , Collier County Properly Appraiser GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY: The subject property is located in the Urban Designation, Urban Coastal Fringe Subdistrict, land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a proposed single-family dwelling which is an authorized use within this land use designation,therefore,the use is consistent with the FLUM.The GMP does not address individual variance requests; the Plan deals with the larger issue of the actual land use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed 1 this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the VA-PL20180001625;2140 Curtis St. Page 5 of 8 Final-September 10, 2018 location,size and characteristics of the land,structure or building involved? Yes. The applicant indicates that given existing easements and setback requirements the allowable building envelope makes it difficult to build a home that coincides with others within the development. The south comprises a 15-foot access and utility easement as well as a required 25-foot front yard setback (40-feet total), the northern setback (rear yard) is increased from 7.5-feet to 10-feet because of a drainage easement, the west side yard is 7.5 feet, and the eastern front yard is 25-feet. Staff agrees but suggests that the issue could be remedied by altering the design of the building to fit within the building envelope. b. Are there special conditions and circumstances,which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? No. the special conditions or circumstances come into play as the applicant desires to construct an identical building product of each lot within the development. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The proposed building design cannot be accommodated within the allowable building envelope;therefore, the building design would need to be altered. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health,safety and welfare? Yes. The variance, if granted, is the minimum required to accommodate the requested building design and plans which will make possible the most reasonable use of the land and results in no changes to the existing property conditions while promoting standards of health, safety, and welfare. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard.As such,other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. 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. The granting of the Variance will be in harmony with the general intent and purpose of VA-PL20180001625;2140 Curtis St, Page 6 of 8 Final-September 10,2018 the Land Development Code and will not harm public safety,health and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves,lakes,golf courses,etc.? Yes. Curtis Street is a 60-foot wide right-of-way yet is only paved for 8-feet on each side of the centerline which results in an unusually wide 22-foot swale area on the west side of the street. As the area is fully developed there is little likelihood that the roadway will be expanded in the future. h. Will granting the Variance be consistent with the Growth Management Plan? Yes. Approval of this Variance will not affect or change the requirements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL(EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area,the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this staff report on September 10, 2018. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA- PL20180001625, to reduce the minimum front yard setback for the eastern front yard of a corner lot, from 25 feet to 7.5 feet for the building and to 5.5 feet for the roof overhang, at 2140 Curtis Street located within unincorporated Collier County,Florida. Attachments: Attachment A: Sign Posting by Collier County Attachment B: Backup Package VA-PL20180001625;2140 Curtis St. Page 7 of 8 Final-September 10,2018 PREPARED BY: 9A)/.7.4c, JOHN . K LY, S IOR PLANNER ATE ZONING DIVISION-ZONING SERVICES SECTION REVIEWED BY: 9 6" 18 RAY . BELLOWS, ZONING MANAGER E ZON DIVISION-ZONING SERVICES SECTION �— MICHAEL BOSI, AICP. DIRECTOR DATE ZONING DIVISION VA-PL20180001625;2140 Curtis St. Page 8 of 8 September 5,2018 KellyJohn From: KellyJohn Sent: Friday, September 07, 2018 4:59 PM To: KellyJohn Subject: Sign Posting-VA-PL20180001625 Attachments: IMG_0224.jpg;ATT00001.txt; IMG_0225.jpg;ATT00002.txt; IMG_0226.jpg; ATT00003.txt; IMG_0227.jpg; ATT00004.txt Follow Up Flag: Follow up Flag Status: Flagged Posted: 09/07/2018 at approximately 3:30PM Location: 2140 Curtis St., south and east By: John Kelly, Senior Planner Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Attachment A samainamainsw,=mininuees immumulmismansi ., , , . , C HEARI - ,,,-;..i_,_,...\ . " . , ; , FOR h){1Mt1 „rvF%,fiiA+Y4kca IRW f 'lf A�yw♦ '. r ., iafwyl. #f,..-..N+p.x[a tesff �R iw.,�•r..*xw #.a»a[sS� i, te... f M y4.,. ': .... .yp fe"r s Ent w*1 Ws a.Na " .t«.., (' ♦uvrr. Mrlff1MAIRf4+.M Y«.AI•aAr b•.A+ .g i 4 )AT :ar#^e..Mee t#s..lwM-.Mwx w.s s .s..n„ r. -< . i tel/.1TAC ,... .x . Eli zit f t8 •- R i ` o,ti .yam ,,i - ‘ ' i i N:i i k.,,,:' .: : .t.::', .s,K i w PUBUCIIEARINGCt ,.. .......„,. FOR .., ...ff..- ., #.rte....r _-r . `....AO `s - ' *:" »...wa„rFtzr. ' K .; • ..,moi �, z=` ,� At a A A ..A CONT ACS" . - -- .iy „," , ,s- &,am}N�' � a .: `,-� �. v P Attachment B Corher County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 v'i-1K1mI\LL t iuiv APPLICATION Vol lance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 1 of the AcIrninistro. ,de PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED -FPI I( ACT INPORC,. The Ohana Group LLC Name of Applicant(s): 967 4th Avenue North Naples FL 34102 Address: City: State: ZIP: 239-261 -3433 239-289-4237 239-262-3400 Telephone: Cell: Fax: Luke@sonrisebuilding corn E-Mail Address: Luke Fredrickson Name of Agent: Sonrise Building Company Firm: 967 4th Avenue North Naples FL 34102 Address: City: State: ZIP: 239-261 -3433 239-289-4237 239-262-3400 Telephone: Cell: Fax: Luke@sonrisebuilding com E-Mail Address: 1 Ft A‘A.,,,Id- rriA I ( 0+ 'N r HAS LOBBY1‘,T IONS GIl ifttOuPsEti ((OR1)INQI Y ANL) 1MPUANCE WIT' REGI! 4/27/2018 Page 1 of 6 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239)252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) 00387240004 11 5025 Property I.D. Number: Section/Township/Range: / / Subdivision: Unit: Lot: Block: See Attached Legal Description .22 Metes & Bounds Description: Total Acreage: 2140 Curtis Street Naples. FL 34112 Address/ General Location of Subject Property: Zoning _ Land Use N RMF-6 Harbor Lakes Condominiums(Parking Lot Only) S RMF-6 Single Family Dwelling E RMF-6 Curtis Street(ROW)then rear of single family dwelling&drainage easment 1N RMF-6 Single Family Undeveloped (Will be developed by Us) Minimum Yard Requirements for Subject Property: 25 Front: Corner Lot: Yes ■ No f 7.5' Side: Waterfront Lot: Yes No ■ N/A Rear: r . Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 4/2.7/2018 Page 2 of 6 Co((fer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 t r !:.Ak, Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/lndex.aspx?page=774. Name of Homeowner Association: Harbor Lakes Londominlum Hct-# OU31373b000/ Mailing Address: 11 bb Sandpiper Street City: Naples State: FL ZIP: 34112 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: r.. r 3I On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9,04.02, provide a detailed description of site alterations, including any dredging and filling, 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Page 3 of 6 Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coIliergov.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? C Yes 0 No If yes, please provide copies. 4/27/2018 Page 4 of 6 ' 73 Cot Cotner County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PI- ;`\E,elir,-ition Meeting and Final Submittal Requirement Checklist for: Variance- Chapter 3 J. of the Adr7inistr< Live Cude 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. +(-MIRE-MC-NTS R Rt 4 l i,,,,: ►v o I cc)+ i + �Fi i;EQ1II+7EU Completed Application(download current form from County website) Q Pre-Application Meeting Notes 1 Project Narrative Completed Addressing Checklist 1 it Property Ownership Disclosure Form 1 Conceptual Site Plan 24" x 36" and one 8%2" x 11"copy o Survey of property showing the encroachment(measured in feet) 2 Affidavit of Authorization, signed and notarized 2 12 PI - Deeds/Legal's 3 Esi • Location map 1 151 im Current aerial photographs(available from Property Appraiser)with project boundary and, if vegetated, FLUCFCS Codes with legend 5 CI 0 included on aerial Historical Survey or waiver request 1 0 Environmental Data Requirements or exemption justification 3 0 Eq _ Once the first set of review comments are posted, provide the assigned 1 0 ❑ 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 1 0 L 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. 4/27/2018 Page 5 of 6 1 Gather County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT 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: Bayshore/Gateway Triangle Redevelopment: Q Executive Director Historical Review n City of Naples: Robin Singer, Planning Director D Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra QEmergency Management: Dan Summers;and/or School District(Residential Components):Amy EMS:Artie Bay Lockheart ® Other: ED ff t e Pre-Application Meeting:$500.00 Variance Petition: Residential-$2,000.00 Non-Residential-$5,000.00 5'h and Subsequent Review- 20%of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner:$1,125.00 After The Fact Zoning/land Use Petitions:2x the normal petition fee Listed Species Survey(if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application, all required submittal materials,and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 6-18-2018 pp ca Sign ure Date Luke redrickson Printed Name 4/27/2018 Page 6 of 6 SONRISE Building Company June 20, 2018 Mr. John Kelly. Senior Planner, Collier County C,rowth Management Zoning Division 2800 North Horseshoe Drive Naples. FL 34104 Subject: Variance Petition Application Narrative to Explain Nature of Petition To address the associations being affected by this petition, we have included the Harbor Lakes Condominium to the North of our property, however, they will be positively affected by this variance as we are currently allowed to be 7.5 feet from their parking lot and we would like to be 20' from the parking lot. I. The current parcel is an undeveloped lot. It is currently recognized as a corner lot that requires two front yards and two side yards; 25' and 7.5' respectively. We are proposing to decrease the east setback line along Curtis Street from 25' from the current lot line to 7.5' from the current lot line. The North allowed setback of 7.5' would be increased to 20'. the south setback would remain 25' from the access/public utilities easement on our property. & the west setback would remain at 7.5' (See attached plans) The property was purchased as a whole (2100. 2110, 2120, 2130, & 2140 Curtis Street) on May 1st 2013. The existing encroachment is necessary as the existing easements are unusually large for the property & the current setbacks would render the property nearly unbuildable as there is the 15' access/utilities easement, a 30' transportation easement at the east side & a 10' drainage easement along the north side of the property. The existing landscape buffer on the Ease side of the property is to remain. This will be like & the same of the other 4 lots, one of which is currently built (2100 Curtis Street) and the other 3 which will be submitted 2. The current lot is undeveloped so there has been no site alterations, dredging, or filling. 3. a) The special conditions are as follows: The North side of the property currently has a 10' drainage easement so we would be unable to use the 7.5' allowable setback at that location, we would like to he 20' from the lot line per plans attached. The South side of the property currently has a 15' access & public utilities easement that we have paved for the development. With this existing condition we have to be 40' from the lot line of the property which we plan to keep as is. The east side of the property currently has a 30' from center line of Curtis Street to the property line, we then have to be 25' from our lot line, a total of 55' from Curtis Street. The west side of the property has a 7.5' setback which we intend to keep as is. With all of these conditions being as they are it makes it very difficult to build a home on the lot to coincide with the others on the street. Sonrise Building Company 967 4th Avenue North Naples FL 34102 239-261-3433 Lic#CBC 1257977 3. b) To our knowledge there would be no special conditions or circumstances that would result form the action of this variance approval. 3. c) Yes,they create a situation that this lot is unbuildable at the current setbacks are listed. 3. d) Yes, if this variance is granted it will make the lot buildable to suit the current neighborhood. 3. e)No other lands, buildings, or structures are being affected by this variance at this time. 3. f) The granting of this variance will be in harmony with the intent and purpose of this zoning code. It will be drastically improving the existing neighborhood and all surrounding properties. 3. g) There are no natural conditions or physically induced conditions that ameliorate the goals& objectives of the regulation. 3. h) Granting of this variance will be consistent with the Growth Management Plan and will improve the neighborhood & surrounding areas. 4. To our knowledge there has been no official interpretation or zoning verification rendered on this property within the last year. Sincerely, Luke redrickson President The Ohana Group Sonrise Building Company 967 4th Avenue North Naples FL 34102 239-251-3433 Liu#CBC 1257977 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.collientov.net (239)252-2400 FAX (239)252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD Addressing@colliergov net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be sinned by Addressing personnel prior to pre-application meeting.please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED.Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL(Blasting Permit) ❑ SDP(Site Development Plan) ❑ BD(Boat Dock Extension) ❑ SOPA(SDP Amendment) El Carnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP) ❑ CU(Conditional Use) 0 SIP(Site Improvement Plan) ❑ EXP(Excavation Permit) ❑ SIPI(Insubstantial Change to SIP) ❑ FP(Final Plat ❑ SNR(Street Name Change) 0 LLA(Lot Line Adjustment) ❑ SNC(Street Name Change—Unplatted) ❑ PNC(Project Name Change) 0 TDR(Transfer of Development Rights) ❑ PPL(Plans& Plat Review) J VA(Variance) ❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit) ❑ PUD Rezone 0 VRSFP(Vegetation Removal&Site Fill Permit) ❑ RZ(Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Parcel 7.3 Section 11 Township 50 Range 25 FOLIO(Property ID) NUMBER(s)of above(attach to, or associate with, legal description if more than one) 00387240004 STREET ADDRESS or ADDRESSES(as applicable, if already assigned) 2140 Curtis Street Naples, FL 34112 • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY(copy -needed only for unplatted properties) CURRENT PROJECT NAME(if applicable) PROPOSED PROJECT NAME(if applicable) PROPOSED STREET NAMES(if applicable) SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only) SDP - or AR or PL# 20180001625 Page 1 of 2 Rev 6/9/2017 Coier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX (239)252-5724 Project or development names proposed for,or already appearing in, condominium documents(f application, Indicate whether proposed or existing) Please Return Approved Checklist By: 0 Email ❑ Fax [] Personally picked up Applicant Name: Luke Fredrickson Phone: 239-261-3433 Email/Fax: luke@sonrisebuilding,com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division FOR STAFF USE ONLY -} Folio Number 0Q 3 8)7 2 aO Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: /6144 �+�'` .t Date: J ~2 1 Updated by: Date: IF OLDER THAN 6 MONTHS. FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev 6190017 Page 2 or 2 5/2018 10 25 -, Collier County Property Appraiser Property Summary 2140 Site Parcel No 00387240004 AddreCURTIS Site City NAPLES Site Zone 34112 ss 'Note ST Name / Address OHANA GROUP LLC 967 4TH AVE N City NAPLES State FL Zip 34102 Map No. Strap No. Section Township Range Acres *Estimated 5A11 000100 007 35A11 11 50 25 0.22 11 50 25 E 80FT OF THE FOLL DESC PARCEL:BEG 210FT NORTH OF SW Legal CNR OF NW1/4 OF SW1/4 OF NW1/4 FOR POB, N120FT, E630FT S 120FT. W 630FT TO POB Millage Area_o 86 Millage. Rates 0 Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code 0 0 - VACANT RESIDENTIAL 5 122 6.3384 11.4604 Latest Sales History 2017 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book-Page Amount Land Value $ 70.840 06/17/15 5166-3103 $ 350,000 (+) Improved Value $ 0 1 05/01/13 4915-2170 $ 375,000 (...) Market Value $ 70,840 04/18/00 2665-600 $ 110,000 ( r.) Assessed Value $ 70,840 07/13/92 1734-778 $ 0 School Taxable Value $ 70,840 08/01/75 626-519 $ 0 , . , Taxable Value $ 70.840 If all Values shown above equal 0 this parcel was created atter the Final Tax Roll Page 1 of 1 uwlc,nl t. !SKULK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA D000.70 $2,450.00 REC $27.00 CONS $350,000.00 This instrument was prepared without opinion of title and without benefit of title insurance by: Joel A.Threlkeld,Esq. Threikeld&Associates,P.A. 2272 Airport Road South,Suite 101 Naples,F7.,34112 Phone:239-234-5034 And after recording return to: Threlkeld&Associates,P.A. 2272 Airport Road South,Suite 101 Naples,FL 34112 File No. 15-076 Parcel Identification Numbers: Q. R. COQ ,. 00389360209;00389360102;0038721w VIS 00387160003;00387240004 ,k` Consideration:$350,000.00 rco. . ,k. , ., �," t THIS WARRANTY DEED C. is t� dayay of A�. '� b � ,.., . y Randall L.Fredrickson and Peggy A.Fredrickson,hus . i d wife, whose „ . 7. , 383 Hawthorne Woods Way, Front Guest House, Naples, FL. ,E�`;• hereafter referred #141! •r"), and The Ohana Group, LLC,a Florida Limited l iab�ty at, ,y, whose mail' • `is 5383 Hawthorne Woods Way, Front Guest House,Naples,FL 34116`- Rx4 "). II (Wherever used herein the terms "Grantor" . • . .. ' ,n include singular and plural, heirs, legal representatives,and assigns of individuals and the successor and assigns corporations,wherever the context so admits or requires.) WITNESSETH,that the Grantor,for and in consideration of the sum of Ten-Dollars($10.00)and other valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, bargains, conveys, and sells unto the Grantee,and Grantee's successors,heirs, and assigns forever,all that certain parcel of land in Collier County,State of Florida,to wit: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A" THE LAND IS NOT THE HOMESTEAD OF THE GRANTOR UNDER THE LAWS AND CONSTITUTION OF THE STATE OF FLORIDA AND NEITHER THE GRANTOR, NOR ANY PERSON WHOSE SUPPORT THE GRANTOR IS RESPONSIBLE,RESIDE ON OR ADJACENT TO THE LAND. TOGETHER with all of the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey this land;that the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claims of all persons whomsoever;and that the land is free of all encumbrances,except taxes accruing subsequent to December 31,2014,and restrictions,covenants,and easements of record. IN WITNESS WHEREOF,the Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: ,�----- $y.�c _. Wi ignature Randall L. drickson(Grantor) 5383 Hawthorne Woods Way vv.Pent N: �DC '^��i��! R Co 'les,FL 34116 Witness Signature Print Name,d ' (COI! 40 di W'('*s Signature -4 LT AV^ ckson(Grantor) erne Woods Way Print Name 04- 1 . - 34116 4e)L,�r Yi,< 1 - 4T E CIRC Witness Signature Print Name STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY, that the foregoing instrument was acknowledged before me by Randall L. Fredrickson o who is personally known to me or c(who has produced a( riVD is 1,L'd!1 st as i4ntification,and by Peggy A.Fredrickson❑who is personally known to me or KWho has produced a or r S /i' Lk as identification on this the /7 day of . ,2015. tam Notary Stamp) dlit:Ait 70Mard/4Z)d Notary Signature STATE OF LC DA MO/,rt& 17.1 Canal FF0461116 Printed Notary Nakk ESM 8/14/2017 Page 2 of 3-warranty rased EXHIBIT"A" LEGAL DESCRIPTION THE EAST 150 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING 210 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11,TOWNSHIP 50 SOUTH, RANGE 25 EAST,FOR A POINT OF BEGINNING;THENCE NORTH 120 FEET;THENCE EAST 380 FEET; THENCE SOUTH 120 FEET; THENCE WEST 380 FEET TO THE POINT OF BEGINNING; THEN ABOVE BEING IN COLLIER COUNTY,FLORIDA. AND THE EAST 50 FEET OF THE FOLLOWIG DESCRIBED TRACT OF LAND,TO WIT: BEGINNING 330 FEET SOUTH OF A PO IJ• � �Z w o F THE NORTHEAST CORNER FO THE NORTHWEST QUARTER OF THE S• ao� U�rr r NORTHWEST QUARTER OF SECTION I1,TOWNSHIP 50 SOUTH 45- 25 EAST;THEN orq. 30011 r;THENCE SOUTH 120 FEET;THENCE EAST 300 'CE NORTH 120 FEET,T• Ti •*INT OF BEGINNING. AND BEGINNING 330 FEET SOUTH f r• iX - • ,14 /P. T o• o "THEAST CORNER OF THE NORTHWEST QUARTER OF 1.0.:�`1 FO i" N• r T QUARTER,SECTION 11,TOWNSHIP 50 SOUTH,RAN.1 ' :�•• ; , S ' :. ; ,THENCE SOUTH 120 FEET; EAST 200 14k- THENCE I;THEN.i� '' RTH 120 FEET,TO ,POI , , - INNING. 0 E CI Page 3 of 3—Warranty Deed IL LII GovExmw«Eml A0oNORTH HUKSF5m)EORwE *eomnuy1uMA66mFw/ O6PAW/NIEmx NAPLES,FLORIDA 34/(14 {239)Z52'14OUFAX {89) /1/ 6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, emcmptyorAppealsand Zoning Verification letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a If the property is owned fee simple by an INDIVIDUAL tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Ownership - -- -- - - | |--�- - -- ---- — - I -- ----b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentageof stock --- --- - ----'--- > - -' ' Name and Address . % of Ownership |--- ---- - -- - --- --' ------- - ---- - — -- T -- --| _ � | ` - --' - ----- ---------- ----' | If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the rcenta0eofinterest: -- ---'--- -- | NamnesndAddreus % of Ownership -- -----' --- F- ------- --- ------' ---' ----- ---'--------------7--� -- Created 9/28/2017 Page 1 of 3 __ )Nm �' d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: _ ____- Name and Address HandaUFredr�k00008T4th AvonueNNape� [L341O2 - -f Ownership 25% Naples,peggyFn*dr�kannQG74thAvenueNFL 34102 25%--- --- _ Luke Fredrickson 967 4th Avenue N Naples, FL341U2 --- __- 25% |8UaneFrodhckaon0S7�hAvonveNNep|eo FL 34102 -- -- - �-------- �_�___ � 25% - -- | Corporation,IfLherebaCONTRA{TR3RPUR[HASE, vmthanindividua|ormdiv|dua/s, a Trustee, or a Partnership, list the names of the contract purchasers below, including the of!icers, stockholders, beneficiaries or partners, Name and - ' r--- % of Ownership - r ----------`- -- ---- - ------ - -- ---- -' 1 _____ -- — --' - -- -- ! | ---'-� Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust ___ Name and Address -- '--- --_ - g. Date subject property acquired _ 5_1-2013 [� �� keaoad:TermnofVaame -__ years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 t 1J Date of option: Date option terminates: , or Anticipated closing date: Any petition required to have Property Ownership Disclosure, will not be accepted without this form, Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN.Business Center 2800 North Horseshoe Drive Naples,FL 34104 �1J�- 6 .18-9018 t/ ner ignature Date Luke_Fredrickson Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 Prepared By: Prepared By: Joel A.Threlkeld,Esq. TIIRELICELD&ASSOCIATES.P.A. 2272 Airport Rd.S.,Ste. 101 Naples,FL 34112 Parcel Identification No's. 00389360209;00389360102;00387200002; 00387160003;00387240004 O�� R COU4?, 1 -Above This tine For Reootding 1 ROADWAY . i .`►i 411,4 � • ' C i VENANT THIS ROADWAYargrelv,„!.ALJ I . ANT in agreed and entered into this made this the 22 , LLC, a Florida Limited Liability Company, its s -•-...v101. . , assigns,(the"De the !'� of the real � �:�.1 property situated in Collier County,Florida and be • , particularly i' :.{ • u i,'bed Exhibit"A",and is joined in by KONA KOVE ROMEO 'I I TION, ►� � fi', corporation not-for-profit (the "Association") with the Der- ,t,. Association - , ,w'-.:ing, affirming and agreeing as follows: TIE CIRC. WITNESSETH WHEREAS,the Developer is the fee simple owner of five(5)parcels,inclusive,being located in Collier County, Florida and being more particularly identified and described in Exhibit "A" attached hereto(the Kona Kove Lots"),and WHEREAS, the Kona Kove Lots abut a fifteen foot(15) wide private right-of-way containing 0.22 acres more or less dedicated for ingress,utility and drainage purposes,and WHEREAS,the Kona Kove right-of-way is classified as a private right-of-way that is privately maintained;and WHEREAS, the Kona Kove right-of-way is currently unimproved and the Developer has made application to construct certain infrastructure improvements, including a paved street, drainage swales, signage and street markings,and WHEREAS, Developer has decided to construct the Kona Kove Right-of-Way Improvements, and record a covenant for road maintenance upon the Kona Kove Lots for the purpose of maintaining the Right-of-Way Improvements in the future,and Roadway Easement&Maintenance Covenant Page I of 3 WHEREAS,the Association has been organized to assume the administrative duties and expense obligations required to maintain the Right-of-Way Improvements,now THEREFORE, and in consideration of the approval of the Kona Kove Right-of-Way Improvement by the relevant Collier County agencies, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Developer and the Association hereby covenant and agree to the following: 1. The Developer has decided to construct the Right-of-Way Improvements within the Kona Kova Lots,more particularly described in exhibit"A"attached hereto. 2. Upon completion of the Right of Way Improvements,the Association shall be responsible for the costs required to maintain and/or repair the Right-of-Way Improvements in accordance with the Development Order as determined by die Association or Collier County. The Right-of-Way Improvements shall be maintained in a manner consistent with maintenance standards used and adopted by Collier County from time to time to maintain similar privately owned and maintained right-of-way improvements. 3. A violation or breach of the mai s , - Ett ,, al, '•l n contained shall give Collier County and/or the Owners(s) of the - e , i i o all other remedies, the right to complete and correct any a + deficiencies and ). to proceed at law or in equity to compel the Association's ..mphr. the terms of •coy• - ts,with the expense of such litigation to be borne bye �"'_;1 It ratabl -. -• against the Owners of the Kona Kove Lots. Expe -> .. .�A - „.•• .. ,le ' • ey's fees and court costs incurred by the pally �-� •��1 IV 4. These maintenance cov•�t. . , ru i • , Ted ._, •,.l ,'nding upon the Association, the Owner,and their res t- heirs,successors , ign ; ,,� '►L 0 5. This document shall be - �'=' the Collier County `Tv ' •"1 ds. O IN WITNESS WHEREOF,the a ' . 1 On ,: 1. •t ion have set their hands and seals on the day and year above-written. Signed,sealed and delivered in the presence of: DEVELOPER: THE OHANA GROUP,LLC,a Florida Limited Liability Company 7Ef.,—......... By> . W' Signa We --- Randall L.F ' kson,Managing Member Print Name J ;r t711et«eta 4tL4 #d t Witness Signature Print Name ille.44/2 !t%cJZ Roadway Easement&Maintenance Covenant Page 2 of 3 STATE OF FLORIDA COUNTY OF COLLIER The fore of adway Easement and Maintenance Covenant was acknowledged before me this theake day of 2015 by Randall L. Fredrickson,as Managing Member of The Ohara Group,LLC, Limited Liability Company,who is personally known to nie or who produced as identification. (Affix y sten) _ AL--Abr,andatwa trORNtYptSLIC Notary Public Signature , 1 STATE OF FLORIDA • . ' EXpkon 811412017 Print Notary Name Co ASSOCIATION: �ti�UNR®VE�: '1 k b NERS ASSOCIATION,INC., a Florida Corpora. i , , for-Profit - -ilk,._' it ii 14 i nr, W"-r Signature Arl 0 11:110174.0.: + Vice President flgo...1 rit F., Print Name 4 t/ /IC L — / i i Al 1 2 Witness Signature _l ?, WC�1� Print Name r ttA l E CI STATE OF FLORIDA COUNTY OF COLLIER �-�naC The forego' R way Easement and Maintenance Covenant was acknowledged before me this theme day of2015 by Peggy A. Fredrickson, as Vice President of the Kona Kove HomeownerscA�6 cation,Inc.,a Florida Corporation Not-for-Profit,who is personally kw non to me or who produced as identification. (Affix Mowry Stamp) '4 6L4-4, � rtpRAieY pueuC Notary Public Signature STATE OF FLORIDA ;.. Carni FFO4s/ab ��- MON.tW4lm17 Print Notary Name J Roadway Easement&Maintenance Covenant Page 3 of 3 ••• all 1915 PG 3179 *** • I DIDITA MI SART FII FRET OPTS/OUAMD(G RSSCIARRD PARI=S LAUD: SSGG(IBNG 219 FDS[NOala Otis SOU'18NDS!COM=Cl TBS NOSTEiLT QUAaZU MUM SOUIRIYSSTQUART=OMIMINOiTIIN/iITQUAL BOtaIC1'IONU,tON401SDtl1 San,RANGE 21RASI,DORAPOINTORUGIOINSl0;Ili NOUN 3*PUTlTIMM EAST 211 MR;TI<O DOM 131 RUT!TIMM WIRT=N PUT TO NI rata OF IGINIMIG;1iv1 ASIOR BRING IN COu u COUNTY,MLO MA. AND TIM LAST SOnrrOFTIE • . TRACT ORLNW,TOMM DRGRINR(G330PUT . ,;,i h .j TIM NOIIUASTcows'or 2111NORTRN'LST QO i '? . , ,, NCl hWUTQUARTO Of=TIM II, ' �'' L • . RANCID 21 SART; `+*t"" MUT*Mtfount MI . 1. S , L,' MON S. •' L AND *�' '� \ it ▪ uu+rtn"c V.A. :. ^ ` ,+rlr, ,- - CGRNDaat sDCT1oN 31. ,r.••-•.,, ,� ,.r ; : Q(1ARTa;, j 6: r► i T•V i y. Jul;TSDTNCS SOUTH GO ' , , 1 4"j�,' mem N.�fir, '►;. / /'�� c tK�t1 G 1E CIR • • Legal Description Exhibit"A" nwe.f * a. 41 .,.I.1 w T..www WCGNT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $256.50 Prepared By: Joel A.Threlkeld,Esq. TEIRELICELD&ASSOCIATES,P.A. 2272 Airport Rd.S.,Ste. 101 Naples,FL 34112 Parcel Identification No's. 00389360209;00389360102;00387200002; 00387160003;00387240004 08 1-G , , liii"IIIIIIPIII DECLARATION O''C a (Pr : RESTRICTIONS THIS DECLARATIO - 40044RESTRICTIONS made this the 22nd day of July,2015,by t,-0:, : :. . , ted Liability Company its successors and assigns, (the tarant") the owner o situated in Collier County, Florida and being more particul: .s':�, tified in the : . ,:1 - ', which is and shall be held, transferred, sold, conveyed, and ' . subject to the cove.7 , ��-ions,easements,charges, and liens(sometimes hereinafter called ":41' , I" or"Resin« 1 inafter set forth,and is joined in by KONA KOVE HOMEOWNERS *,v.,,,��t MIN- E corporation not-for-profit (the"Association"). The purpose of these •7r:tan,'" MIN-_.,:i,lish uniform standards and guidelines of development for single-family uses within the Exhibit"A"Property. ARTICLE I DEFINITIONS AND RESPONSIBILITIES I.01 "Property" shall mean and refer to Lots 1 through 5, inclusive (collectively, the "Residences of Kona Kove") more specifically described in the attached Exhibit "A", together with and including the utility,access, and use rights as reserved for the use and benefit of the Residences of Kona Kove by prior instiument(s). I.02 "Declarant" shall mean and refer to THE OHANA GROUP,LLC, a Florida Limited Liability Company,and/or its successors and assigns. L03 "Association" shall mean and refer to the KONA KOVE HOMEOWNERS ASSOCIATION, INC., a Florida Corporation, notfor-profit whose Articles of Incorporation(the"Articles")and Bylaws(the "Bylaws")are attached hereto as Exhibits "B"and"C",respectively. 1.04 "Declaration" shall mean this instrument as it may be amended from time to time, together with any Supplemental Declaration(s) or Amendments thereto, which may be recorded amongst the Public Records. DECLARATION OP COVENANTS,CONDITIONS&RESTRICTIONS FOR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 1 of 9 1.05 "Director"shall mean a member of the Board. 1.06 "Building Site" shall mean Kona Kove Lots 1 through 5, inclusive,or a combination of any single Lot with any portion of another of Lots 1 through 5, inclusive,as described in the attached Exhibit"A". 1.07 "Owner" or "Lot Owner" shall mean and refer to the record title owner, whether one or more persons or entities,of die fee simple title to a Lot. I.08 "Common Property" means and refers to the fifteen (15) foot private access road and public utility easement over and across the Southerly fifteen (15) feet of the above described parcel containing 0.22 acres more or less; together with utilities not conveyed or dedicated to other parties, irrigation lines, sewage systems and any required Surface Water Management System as located within the Property including the landscaping, roadside,swale,and drainage improvements proposed for construction and owned by the Association within the Exhibit "A" Property. The Association shall provide for the maintenance, repair and replacement of Common Property; subject to the Association's right to assess the benefitted • .• . ..... for all expense obligations incurred therein. R CO I.09 "Utility Easement" %,•13.,—,. 1 and re r ,t 10) foot Florida Power & Light Company Easemen • ,- ' ularly described t hed Exhibit"B" I.10 "Articles" shall 1111110-70164 • INCO •a T1014 OF KONA KOVE HOMED •• - • 0 : . time amended as therein provided. gill t L11 "Bylaws" sha - • 0 " • KOVE HOMEOWNERS ASSOCIATION, Trl ,as from time to ti ,vided in the Articles and the Bylaws. �► Q �o� titi ARTICLE H PROPERTY RIG ?'.j-fE CRC 11.01 Every Lot Owner shall be a member of the Association(as provided in Article IV of this Declaration). Every member of the Association shall have a right and easement of enjoyment in,and to,the Common Property,subject to the following: A. The right of the Association to take such steps as are reasonably necessary to protect the Common Property against the claims of third parties and to administer and enforce the Association's obligations and duties set forth in the Roadway Easement and Maintenance Covenant. B. All provisions of this Declaration and the Articles and Bylaws of the Association. C. Rules and regulations governing use and enjoyment of the Common Property adopted by the Association. ARTICLE III DECLARANT'S RIGHTS 111.01 The Declarant hereby reserves the following rights,tides,easements,and interests: A. "Association". The right to initially control the Association, until that right is relinquished or expires as provided in the Declaration,Articles,and Bylaws. DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS FOR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 2 of 9 B. "Common Property".The right to construct and maintain the Common Property and improvements therein. C. "Enforcement".The right to enforce the terms and provisions of this Declaration by any and all lawful means. D. "Variances,Amendments".The right and authority to grant and approve exceptions and variances from the restrictions contained in this Declaration and, to make amendments to this Declaration, without notice or liability to any Owner or other person, firm, or corporation. Exceptions or variances shall be permitted only to accommodate unusual circumstances and the Declarant may not do so with respect to any matters or things which may, from time to time, be the subject of regulation by any Federal, State, or Governmental regulatory agency without the prior approval of that agency. The Declarant's rights and authority is not intended to allow the Declarant to entirely change the character of the development at the Declarant's whim. It will be exercised in a manner so as to cause the development to retain substantial! • • c r,• ,X, . contemplated in this Declaration and so as not to destroy '. . :1 . "1'�-' •.,1. -nt. E. "Miscel : -. i v.is not specif .ted to the Association or the Owners or ,. ARTICLET� C I MEMBE• ' �I� etc, agilitIG . i• ► � � a IATION I.O1 Every person • . \ who is a record -'. 'mpi. o ` '' a Lot, which shall also be a Building Site, in . ,• the Declarant,at .T:4 , ., ,r,.._ as he owns all or any part of the Property subj-7 . ,, Declaration, ! .- of the Association provided that any such ' , . C9r , .tity who ho • . ..terest only as security for the performance of an obli: •on .,_u , , , .. .Membership shall be appurtenant to, and may not be separate fro : T! ,,,i:.. , . property. I.02 Voting rights in the Association will be,as are set forth in Sections 2 and 3 of the Bylaws of the Association. In all events, however, Declarant may maintain control of the Association until such time as two thirds of the Lots have been sold or conveyed to third patty purchasers. ARTICLE II COVENANTS FOR MAINTAINING ASSESSMENTS 11.01 The Association will make,levy,and collect assessments made against Lots(as provided) in the Articles and as follows: 11.02 "Liability for Payment". The Owners of a Lot at the time an assessment is made by the Association against the Lot shall pay to the Association the amount assessed, together with interest thereon at the maximum rate allowable by law, from the date due and payable until paid in full,and the costs and attorneys fees incurred by the Association in collecting delinquent assessments. A. `Liens". There will be at all times a lien, charge, or encumbrance ("Assessment Lien")against a Lot for the unpaid balance or assessments against that Lot, interest thereon,and costs incurred by the Association in collecting the same,in favor of the Association. Each person or entity acquiring a Lot, whether by deed, operation of DECLARATION OP COVENANTS,CONDITIONS&RESTRICTIONS POR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 3 of 9 law, or otherwise will do so subject to the unpaid balance of the assessment lien encumbering that Building Site by operation of this Declaration. The assessment lien will, however, be subordinate to the lien of any institutional first mortgage encumbering the Lot. An institutional mortgage is defined as a mortgage owned by any State or Federal bank or savings and loan association or any life insurance company. Any institutional first mortgagee in possession,a receiver,or purchaser at a foreclosure sale of an institutional first mortgage, or an institutional first mortgagee that has acquired tide by deed in lieu of foreclosure,and the successors or assigns of such purchaser or mortgagee shall hold title subject to the liability and lien of any assessment becoming due after such foreclosure or conveyance in lieu of foreclosure. Any unpaid assessment which cannot be collected through enforcement of the Assessment Lien against any Lot by reason of the provisions of this Paragraph V(B)shall be deemed to be an assessment divided equally among, payable by,and an assessor , •ainst all Lots subject to assessment. RC(' B. "Annual Assess�I a. .',z:i', . , of the Association (the "Board") shall fix the ',:I� • which shall be i 1is determined in accordance with the projec of the Associa;.n, to which the decision of the Board of • - V ', • 1 be ' ...hive. The Association shall annually : : ,,, , . .• — . ' . I s• olders in the Corporation at its Ann i -111711r1 I"� . ' _,of the Association,at which $sesame • 1Z,i. , i. Ir. 1,-,-_, . be marled 1st class"postage prepaid". iii‘ /n , s I 1 he �,�, ' d be stated: THIS ASS „ 'o MUST BE P . ` '`�+• ,INA KOVE HOMEOWNERS ASSOCIAT E, C., WITHIN 1— l'i AYS FROM THE DATE OF THIS BILL' YMENT IS WED WTTHIN FIFTY (50) DAYS, A CLA f` ,z!,►. _.+-', f”. I OUNT OF THIS ASSESSMENT WILL BE RECORD O• Z� 1:1o: C RECORDS OF COLLIER COUNTY, FLORIDA WITHIN NINETY (90) DAYS OF THE DATE OF THIS BILLING, AS PROVIDED BY THE BYLAWS OF THE KONA KOVE HOMEOWNERS ASSOCIATION, INC. IF IT IS NECESSARY TO FILE SUCH A CLAIM OF LIEN YOU WILL BE RESPONSIBLE FOR ALL COSTS THEREOF, INCLUDING ATTORNEYS FEES AND RECORDING COSTS. C. "Pro-Rata Share of Assessments". The common expenses of the Association shall be allocated on the basis of five(5)Lots. D. "Uniform Rate of Assessments". All regular and special assessments shall be at a uniform rate for each of the five(5)Lots. Subject to the exceptions set forth herein, the annual assessment,excluding any special assessments for maintenance, capital improvements or repairs required under the Roadway Easement and Maintenance Covenant, shall not exceed the following applicable amount: $25,000.00. The maximum amounts of the assessments as set forth herein may be increased by an affirmative vote of two-thirds (2/3) of the members of the Board and the written consent of two-thirds(2/3)of the Lot Owners(excluding the Declarant). E. "During Declarant Control". Until such time as the Declarant shall have lost or relinquished the right to elect the Board of Directors of the Association, the maximum amount of the regular assessment for any calendar year shall be $10,000.00 per Lot. DECLARATION OF COVENANTS.COMMONS&RESTRICTIONS FOR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 4 of 9 - --,._ ARTICLE I ARCHITECTURAL AND AESTHETIC CONTROLS 1.01 The architectural review and control functions of the Association shall be administered and performed by the Architectural Review Board (the "ARB"), which shall consist of three (3) members who need not be members of the Association. The Declarant shall have the right to appoint all of the members of the ARB,or such lesser number as it may choose, as long as it owns at least one (1) Lot. Members of the ARB, as to whom Declarant may relinquish the right to appoint, and all members of the ARB, after the Declarant no longer owns at least one(1)Lot shall be appointed by and shall serve at tlx pleasure of the Board of Directors of the Association. A majority of the ARB shall constitute a quorum to transact business at any meeting at which a quorum is present shall constitute the action of the ARB. I.02 No improvement of any kind including, but without limitation, buildings, fences, walls, signs, site paving, grading, parking, building additions, screen enclosures, shall be erected, placed, or maintained on - .. unless approved by the Architectural Review Board of the Association. � R CoU� CO\ ? ARTICLE II RESTRICTIO WielliIL01 "Use Regulatio,." ,�, 41,1 , .. Property shall be limited to those establish- an.t r.- , . , ,, f .1 T�'ng gulations promulgated with respect to Coll', , . + , , �""'o; ! mentalagency, as the same now exists or as "- , , -. ..7 "M._ ame . . as otherwise limited herein. No noxious or ... ve use may be made any . ivity carried on any Lot, nor shall anything be'.- , thereon which ma'��,` - , ... . by reason of unsightliness or excessive emission .f! . ,odors,liquid gases, .. • ion,fumes,or smoke. 0 11.02 "Buildings". Residen '_ ., ii•n,,; ,,�,,.a.,�` , , ,y Lot included in the Property shall be consistent with an archi - T. ved by the Architectural Review Board (ARB). 1L03 "Site Clearing". Site clearing shall be subject to the conditions promulgated by all applicable governmental regulatory agencies regarding protected species survey and preservation of indigenous vegetation. 11.04 "Landscaping" (retention of native vegetation is encouraged). Within thirty(30 days)of the completion of any Building the landscaping installation shall also be completed. All cleared areas shall be grassed, sodded, mulched or graveled with a type of material approved by the ARB. Failure to maintain each Lot exotic free shall subject the owner to an assessment by the Board of Directors to remove the exotics.The maintenance of all landscaping and lawn care on each Lot shall be the responsibility of the Lot Owner. 11.05 "Unimproved Lots". Lot Owners shall regularly keep unimproved Lots presentable and exotic free pursuant to Association rules. No open storage of items on-site such as trailers, boats, equipment, furniture, or building materials unless approval is obtained from the Board of Directors. II.06 "Easements". Each of the following easements and easement rights is reserved through the Property: DECLARATION OF COVENANTS.CONDITIONS a RESTRICTIONS POR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 5 of 9 A. "Access Easement". A roadway and access easement for ingress and egress purposes is reserved across the Southerly fifteen(15) feet of the Kona Kove Lots, containing 0.22 acres more or less,for the use and benefit of the Kona Kove Lots. B. "Utility,Drainage,and Landscaping Easements". An easement for the installation and maintenance of utilities (including without limitation, water, sewer, telephone, electric power, etc.)and drainage facilities is reserved over, across, and under the portion of certain Kona Kove Lots as shown on Exhibit"B. C. "Use and maintenance of easement areas" shall mean no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation and maintenance of the utilities,change the direction or flow of drainage channels in the easements or obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is respo' ; . R Coo ti 11.07 "Vehicle Storage". , motor homes, ctjs, tractors, trailers, boats, or other vehicles ex. , '' : : ,",.iles k-up trucks 1. ' may not be parked on any Lot unless parked wi 1 in . • 1208 "Driveways". h . /111114;r3T . of crushed shell,asphalt, concrete,brick, .r 1," w s b., . , * y. 1 -, by the ARB. 11.09 "Underground . • -". All utilities prov ,.. towr be by means of underground C transmission , . . and pipes. No •:4E" ; ; f ission lines or cables will be permitted within , - . opment without the i' . 'val of the Declarant. ARTICLE III GENERAL PROVISIO i. C YR 111.01 "Duration and Remedies for Violation". The Restrictions of this Declaration shall run with and bind the Property and shall insure to the benefit of and be enforceable by the Declarant, the Association, or the Owner of any Lot or Building Site, their respective legal representatives, heirs, successors, and assigns. for a term ending twenty-five(25) years from the date of recording in the public records of Collier County, Florida, after which time the Restrictions shall automatically be extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two thirds (2/3) of the Building Sites has been recorded, agreeing to change or terminate the Restrictions in whole or in part. Violation or breach of any conditions, covenant, or restriction herein contained shall give the Declarant and/or the Association and/or Owners(s) of Lots in addition to all other remedies, the right to proceed at law or in equity to compel a compliance with the terms of the Restrictions, and to prevent the violation or breach of any of them, and the expense of such litigation shall be borne by the then Owner or Owners of the subject Property, provided such proceeding results in a finding that such Owner was in violation of the Restrictions. Expenses of litigation shall include reasonable attorney's fees and court costs incurred by Declarant and/or the Association in seeking such enforcement. DECLARATION OF COVENANTS,CONDmONS a RESTRICTIONS FOR KONA KOVE HOMEOWNERS ASSOCIATION.INC. Page 6 oil 111.02 "Notices". Assessment bills, budgets,amended budgets, and other materials and things required by either this Declaration, the Articles, or the Bylaws of the Association, to be sent or delivered to the Owners of a Lot will conclusively be deemed to have been delivered to the Owner when either posted in the United States mail,postage prepaid and properly addressed,or hand delivered to the last known Owner at his last known address. It will be the responsibility of an Owner to notify the Association in writing of the Owners name and address and any changes in either. In any event, the failure of the Owner to receive any notice,assessment bill,budget,amended budget,or other materials and things will not affect the validity or due date thereof if so posted or delivered. 111.03 "Severability". Invalidation of any one (1) of these Restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect. 111.04 "Amendment". This Declaration may be amended at any time upon the execution and recordation of an instrument ex -• . the Board of Directors of the Association, provided that so long as ' 4 of any Lot or any Property affected by this Declaration, no • • '- , .�'► ective without Declarant's express written joiner and ►•414 provided further, ' : , ick be amended without the consent of the O ,�. •, 'ty of the Lots ' in the Property; and provided further, that no . 1 -1, •. t the water management system, including thew. r , . , , ,may be made without prior approval ofI� . � , `T74 District or the applicable governmental agent h in• ,, �" - 111.05 "Usage". Where :-• the singular sha • I and the singular, and the use of any gender* ' elude all genders. - 0 111.06 "Effective Date". . p`. 'on shall .- - the upon its recordation in the Public Records of C. r, ,r.I ,itG 111.07 "Declarant's Rights and Responsibilities".The rights of the Declarant,as herein set forth, shall be freely alienable by the Declarant and may be assigned,transferred,hypothecated, or otherwise disposed of. Such rights, together with the responsibilities of the Declarant hereunder,may be assigned to the Association.The Declarant shall have the right,at any time, to approve in writing, insubstantial variances from the Restrictions and requirements set forth herein, as the Declarant shall, in the Declarant's sole discretion, deem reasonable. DECLARATION OP COVENANTS,COND<f IONS&RESTRICTIONS POR KONA KOVE HOMEOWNERS ASSOCIATION,DVC. Paye 7 409 IN WITNESS WHEREOF, the undersigned has hereunto set its hand this the ?Znriday of ,2015. DECLARANT: THE OHANA GROUP,LLC,a Florida Limited Liability Company Wi Signature Randall L.F kson,Managing Member tu Print Name 3;C t. rt/kc/d CO Witness Signature ��L U41/1 Print Name AI 111.11111110 V t STATE OF FLORIDA ° �j� COUNTY OF COLLIERA. The foregoing Dec of Covenants, Co ctions was acknowledged before me this thea day of v , 2015 by Randall L.Fredrickson,as Managing Member of The Mans Group,LLC,a rida limited Liability Company ,who is personally known to me or who produced as identification. (Affix Notary Stoop) ALA_ +mom whim Notary Public Signature NOWAY PUBLIC r STAIR OF FROWO" 7:4" Coma POMO fietAA_ Print Notary Name Li DECLARATION OF COVENANTS,COND[HONS&RESTRICnONS POR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 8 of 9 ASSOCIATION: KONA KOVE HOMEOWNERS ASSOCIATION,INC., a Florida Corpora Not-for-Profit _ Wi gnature Pe: .' redrickson,Vice President Print Name ✓ c L 71"../ 7144- a_ Ar- Witness Signature Print Name Aj/l',•?c. ft(CJ.h4,rQ 0\)N R COok G STATE OF FLORIDA COUNTY OF COLLIER 1'J , The foregoing Dec ion of k207; .= '_. .. wlbefiof by PgA. �«' Vice edant of the KonaKove Homeowners tion, a Florida C , � f e; , + who is_personally known to me or who p m (Affix Nary Sump) C)4, CI ��y ? sun ` Notary Public Signature • . • Evokes ef141Z17 1A46.40, c Print Notary Name U DECLARATION OF COVENANTS.CONDITIONS&RESTRICTIONS FOR KONA KOVE HOMEOWNERS ASSOCIATION,INC. Par 9 oil •1. OR 4915 PG 3L79 ••• • • RACY A 7352 BAST IN Int OFTOZ FOLLOWINGDSSCBDISD!ARQLOFLANK NIGIN NG2t3VWNORTHORTHESOUTHWESTCORNER01YRENOR71 ma QUARTER OW=SOU'1HWBST QOArnaarms NNRT1lWart QUART ROW SEf.'YION 11,TOWNIE!II SOUTH,RANGE25LAST,WON APOINT O►iNNIO!RIOii NORTOInSPIT TWICE !AZT nuerroult4CI SOOTS CIS MITI THENCE WNW 3111 our TOME FONNT OF BCOWNING;THEN WAR IMO IN COLLIQCOUNTT, IANDA. AND lin BAST 55 Win OPUS r TRACT OF LAND,TOWTTS INCONUIO330FUT �• A.la.. TRW NOR'13HAiTCORM OW - , — — OW52C1103411 Qv • . . RUNGE232AST ";501/TO NO FORA 3N • ;;Ir. NI WARM 1L311011Nc. U AND IPPV' oT11i, nalleatiG SECSOOTION% .,+�: ,,„ .F:lit f y t ',t'*' 1 131 POW1NCB art: c 3Ri � OF �' 0 i'SIE ClIRC� • Legal Description Exhibit"A" Best Available Image is . til 4,-..g.f c...E..:-.. 0?!,..;:‘,.tv , 4.44.,.• i „,,f .13 ei is am 1/t":1, iI ' ►; 4A� I * kbq 1 fl * tir __ CURTIS STREET __, 8c3 A ,§ 4 Ivy_ _ —Lonnie w ~.u.1a' I O • w a. I I � a $g ILA E 0.1.=° CO r, i t ,c0 U4 ? }. 4ri -15},:iLT .14 8 I n 9L 6)1.1 - .4. . o. 4,..-, ,.:4 ci z lye! .14 w O4 „ a 0 eo.2 1 I V 11111 'II f1 / • t I �I iI a gyno liN Ith 51 iii ba ., 1.! ;:ii Ei ti-lavis,11- .... ti : p$'421 ,t.: 4 4 V t viz L______________L1 21 W gill I EXHIBIT 11B" BYLAWS OF KONA KOVE HOMEOWNERS ASSOCIATION,INC. 1. GENERAL. These are the Bylaws of KONA KOVE HOMEOWNERS ASSOCIATION, INC.,(the"Association"),a corporation not for profit organized under the laws of Florida for the purpose of operating five (5)residential parcels located in Collier County, Florida,and known as Residences on Kona Kove("Kona Kove"). 1.1 Principal Office. The principal office of the Association will be at 5383 Hawthorn Woods Way,Naples,Florida 34116,or such other place as will be determined by the Board of Directors. 1.2 S . The seal of the Associ ' s tI • i bed with the name of the Association,the year of its organization,and the words : . 7fIN , , ' + " The seal may be used by causing it, or a facsimile of it, to be im. — -., (i. . reproduced 7..al placed upon any document or writing of the corporation where a be required. N 1.3 Definitiong. F. co venience, a. •,ylaw- will • ref- -. to as "the Bylaws"; the Articles of Incorporation of .10" �. k--"Ti-,..i Nr .. - T, . Declaration of Covenants, Conditions,and Restrictions fo Ko' ove3 s',+ 4 .th- terms used in these Bylaws shall have the same definitions Al •,:...•:,'_ ..�.i , .- �_ o '1. .1, hapters 617 and 720, ("the Act"), as well as those in the k -= and Restrictions, .•, 'i, ". provided in these Bylaws or unless the context otherwise requ r, ,4 o 2. MEMBERS. 04-, •2.1 Oualifications. The membe ., _.r -- .C. will be the record owners of legal title to a Parcel, as defined in the Restrictions. In the case of a Parcel subject to an agreement for deed, the purchaser in possession will be deemed the owner of the Parcel for purposes of determining voting and use rights. Membership will become effective upon the latest to occur of the following events. A. Recording in the Public Records of a deed or other instrument evidencing legal title to the Parcel in the member. B. Delivery to the Association of a copy of the recorded deed or other instrument evidencing title. 2.2 Voting. Each Member,including Developer,shall be entitled to one(1)vote for each of the Parcels owned by such Member as to matters on which the membership shall be entitled to vote, which vote may be exercised or cast by the Member in such manner as may be provided in the Bylaws of the Association. The collective total Parcels for the allocation of voting interests is five(5)Parcels. If more than one(1)person owns a Parcel,all such persons shall be Members of the Association; provided, however, in no event shall more than one (1) person be eligible to vote with respect to each Parcel. If more than(I) person, a corporation,or other entity owns a Parcel, they shall file a certificate with the Secretary of the Association naming the persons authorized to cast votes for said Parcel. If the BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page tall Exhibit"D" certificate is not on file, the Member shall not be considered nor shall the presence of a Member at a meeting be considered in determining whether the quorum requirement has been met. If a Parcel shall be owned by husband and wife as tenants by the entirety, no certificate need be filed with the Secretary naming the person authorized to cast votes for said Parcel, and either spouse, but not both, may vote in person or by proxy and be considered in determining whether the quorum requirement has been met at any meeting of the members, unless prior to the meeting, either spouse has notified the Secretary in writing that there is a disagreement as to who shall represent the Parcel at the meeting, in which the certificate requirements set forth shall apply. 2.3 Approval or Disapproval of Matters. Whenever the decision or approval of a Member is required upon any matter, whether or not the subject of an Association meeting, such decision may be expressed by any person authorized to cast the vote of such Parcel at an Association meeting, such decision may be expressed by any person authorized to cast the vote of such Parcel at an Association meeting as stated in Section 2.2 of these Bylaws, unless the joinder of all record owners is specifically required. 2.4 Change of Membership. .,( a val of the Association, as elsewhere 4 vaat�7 � required herein, a change of members \n I --- Associate. - established by the new member's membership becoming effective as tlly in 2.1 above. Atli.. tjgte the membership of the prior owner will automatically terminate7,. / ` 1 is �� _ u' 2.5 Termination of .r e .,.it� , •:,j, viii • • ':� rship in the Association does not relieve or release any former mem.a •m .b. o •• • • i • . • under or in any way connected with the Association during the ,: . o h. ie s. • . or de B i i ' any rights or remedies which ,ifthe Association may have again ormer owner or m .• ber 1st ti of or in any way connected with such ownership and membe 11,• d the covenants an. ,.lig: io.s4i7Adent thereto. 3. MEMBERS' MEETIN I i„rss . 3.1 Annual Meeting. There wi • ahJi 4 4� g of the members in each calendar year. The annual meeting will be held in Collier County Flofida,each year during the month of March at a day, place and time designated by the Board of Directors, for the purpose or transacting any business duly authorized to be transacted by the members. During the annual meeting all ballots cast in the annual election of Directors will be counted and results announced. 3.2 Special Members' Meetings. Special members' meetings must be held whenever called by the President or by a majority of the Directors, and may also be called by members having at least two thirds (2/3) of the Voting Interests. The business at any special meeting will be limited to the items specified in the notice of meeting. 3.3 Notice of Meetints; Waiver of Notice. Notice of all members' meetings must state the time,date,and place of the meeting,and include an agenda for the meeting. The notice must be mailed to each member at the address which appears on the books of the Association, or may be furnished by personal delivery. The member is responsible for informing the Association of any change of address. The notice of all members' meetings must be mailed or delivered at least fourteen (14) days before the meeting. If ownership of a Parcel is transferred after notice has been mailed, no separate notice to the new owner is required. Attendance at any meeting by a member constitutes waiver of notice by that member unless the member objects to the lack of notice at the beginning of the meeting. A person entitled to receive such notice may waive notice of any meeting at any time, but only by written waiver. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION.INC, Page 2 of 11 Exhibit"D" 3.4 Notice of Annual Meeting. Since there is no Association property which notices can be posted,notices of the Annual Meeting shall be mailed or delivered at least 14 days and not more than 60 days before the meeting to the owner of each Parcel. An Officer of the Association shall provide an Affidavit or United States Post Office Certificate of Mailing,to be included in the official records of the Association, affirming that notices of the Association meeting were mailed or hand delivered to each Parcel Owner at the address last furnished to the Association. Parcel Owners may waive notice of the annual meeting. 3.5 Ouorum. A quorum at members' meeting will be attained by the presence, either in person or by proxy,of persons entitled to cast at least two thirds(213)of the Voting Interests of the entire membership. 3.6 Vote Required. The acts approved by a majority of the Voting Interests cast at a duly called meeting of the members at which a quorum has been attained will be binding upon all Parcel Owners for all purposes, except where a greater or different number of Voting Interests is expressly required by law or by any provision of the Assoc': '• : • • nts. V.,R COO 3.7 Proxy Voting. Tt • 11,any •-. •. ed to attend and vote at a members meeting may establish his presehis vote by proxy. i.-• proxies will be used for votes taken to waive financial stateme • - • amend the Decl i I. of Covenants and Restrictions, and for all other substantive e C' : • r •1 Fl, '• Sta tea requires or permits a vote of the members. General pros' • • ' . ;. or • , -•ural votes, and for non- pt substantive amendments top •• it,qiir. I �, # . ,7 -• A proxy vote may be given by any person entitled to vote, *! s for which originally given and any lawful adjournment of I g,an. , . . ` va • .2"y'7 . ninety(90)days after the date of the first meeting for wh was given. Every . . • "�- ocable at the pleasure of the person executing it. To be valid,7t must be in wnti i_, •_,,,,;,.4(117,,,.. ed by the person authorized to cast the vote for the Parcel,specify 1 r 'i . time and place of •' rng for which it is given,and the original must be delivered to the I-t. : or • ••inted time of the meeting or reconvening thereof. Holders of proxies . • ke 1 'o proxy will be valid if it names more than one person as the holder of the proxy,but ' •, „- will have the right,if the proxy so provides,to substitute another person to hold the proxy. 3.8 Adjourned Meetings. Any duly called meeting of the members may be adjourned to be reconvened at a specific later time by vote of the majority of the Voting Interests present,regardless of whether a quorum has been attained. Any business which might have been conducted at the meeting as originally scheduled may instead be conducted at the continuance. 3.9 Order of Business. The order of business at members' meetings will be substantially as follows: A. Counting of ballots in election of Directors(if necessary). B. Call of the roll or determination of quorum. C. Reading or disposal of minutes of last members meeting. D. Reports of Officers E. Reports of Committees F. Unfinished Business G. New Business H. Adjournment BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 3 of I1 Exhibit"D" • 3.10 Minutes. Minutes of all meetings of members and of the Board of Directors will be kept in a businesslike manner and available for inspection by members or their authorized representatives and Board members at all reasonable times and for a period of three(3)years after the meeting. Minutes must be reduced to written form within thirty(30)days after the meeting at which they were taken. 3.11 Parliamentary Rules. Roberts'Rules of Order(latest edition) will govern the conduct of the Association meetings when not in conflict with the law, with the Declaration, or with these Bylaws. The presiding officer may appoint a Parliamentarian whose decision on questions of parliamentary procedure will be final. Any question or point of order not raised at the meeting to which it relates will be deemed waived. 3.12 Action by Members Without Meeting. Except for the holding of the annual meeting, any action required or permitted to be taken at a meeting of the members may be taken by mail without a meeting if written ballots or other instruments indicating approval of the action proposed to be taken are signed and returned by members having not less than the minimum number of Voting Interests that would be necessary to take such action at a meetin: . of the total Voting Interests of the entire membership, whichever is greater, unl ,„g i0 y„ ' by law. If the requisite number of written expressions of approval are r"'''r, •e Secre : • . � (30)days after mailing notice of the proposed action to the me . • .lution passed by • .,• •. of Directors on the action so authorized will be of full force - •• ', . •ion had •- • •v-. by the vote of the members at a members meeting held on • •: • of • : , _ : Wi ' (10) days after adopting the resolution,the Board will send • •y • 4 N,.•. %- .,s who have not consented in writing. Nothing in this • : : .1 Il gr..- - , ,� M • me, hes'rights to calla special meeting of the membership, a • • ,— *7 3 f+f .,\ ¶s, If the vote is taken by the method described in this - l'. .: of Parte Own •• on • .•• the Secretary at the time of mailing the voting material will . 11 ist of qualified vote .fit administration of of the Association will be by a Board of Directors. All powers and . I . . • ' by law,as modified and explained in the Declaration of Covenants,Conditi• I: . ' , Ies of Incorporation,and these Bylaws, will be exercised by the Board, subject to approva • onsent of the Parcel Owners only when such is specifically required. 4.1 Number and Terms of Service. While the Developer is in control of the Association,the number of Directors which will constitute the whole Board of Directors will be three (3). In order to provide for a continuity of experience by establishing a system of staggered terms, in the first election by which Parcel Owners other than the Developer elect a majority of the Directors,the number of Directors to be elected shall be three(3). The two(2)candidates receiving the highest number of Voting Interests will be elected for two (2) year terms. The candidate receiving the next highest number of Voting Interests will be elected for a(1)year term.Thereafter,all Directors will be elected for two(2)year terms. A Director's term will end at the annual election at which his successor is to be duly elected, unless he sooner resigns or is recalled as provided in 4.5 below. Directors will be elected by the members as described in Section 4.3 below,or in the case of a vacancy,as provided in 4.4 below. 4.2 Oualifications. Except for Directors appointed by the Developer, Directors may, but shall not be required to be, either Parcel Owners, officers of a corporate Parcel Owner, or partners of a partnership Parcel Owner. No Director(except those selected by the Developer)will continue to serve on the Board after ceasing to meet those requirements. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 4 of I I Exhibit"D" 4.3 Annual Elections. On the day of each annual election the members will elect by written ballot as many Directors as there are regular terms of Directors expiring,unless the balloting is dispensed with as provided by law. A. First Notice: Candidates. Within the time allowed for the Notice of the annual meeting, the Association will mail or deliver, whether by separate Association mailing or included in another Association mailing or delivery to each Parcel Owner or Member entitled to vote,a first notice of the date of the election. Any Parcel Owner or other eligible person desiring to be a candidate may qualify as such by giving written notice to the Association not less than fourteen(14) days prior to the annual election. Candidates may also be nominated by any other method permitted by law. B. Board Meeting. If required by law,not more than thirty(30)nor less than seven (7)days before a schedule election,the Board will hold a meeting at which additional nominations will be accepted. Notice of that meeting will be posted in the usual manner. Any Parcel Owner or other eligible person may nominate himself or herself or may nominate another Parcel Owner from whom he or she has written permission. WI& COU C. Balloting. §i • .•ng is requ l -.4 j ors will be elected by a plurality of the Voting Interests cast,provided - r• voters with at two+. ' (2/3)of the Voting Interests cast ballots. Proxies may not be used n -- '• . There w' I be ins' id Is elections for each available Director's position, it being in - t in: , D' - ors ill be non-cumulative. Tie elections will be broken by a: - m , _ . :', ,- , o if there is no agreement, by Parcel or by any other method a ow.• •• la ti 4.4 V • ' •,, •,- ,Z•. xce or r .. I y Developer, if the office of any Director becomes vacant for d-. • ,a successor to _1 . I ..• • : unexpired term or terms will be appointed or elected as follows: I' GQ A. If a vacancy is •,4 :'--•,1.4 I I. I .. ''. ation or resignation of a Director,a majority of the re .T#, • try c:• ' ., :h less than a quorum, will appoint a successor,who will hol• o - •r the remaining unexpired term. B. If a vacancy occurs as a result of a recall and less than a majority of the Directors are removed, the vacancy may be filled by appointment by a majority of the remaining Directors,though less than a quorum. If vacancies occur as a result of a recall in which a majority or more of the Directors are removed, the vacancies will be filled as provided by law. 4.5 Removal of Directors. Any or all Directors except those appointed by Developer may be removed with or without cause by a majority vote of the entire Voting Interests of the membership at any meeting called for that purpose. If a meeting is held for the removal of more than one Director, the question will be determined separately as to each Director sought to be removed. The meeting must be held not less than fourteen (14) days nor more than sixty (60) days from the date that notice of the meeting is given. Directors appointed by Developers may be removed from the Board of Directors at any time,with or without cause,only by Developer. 4.6 Organizational Meetings. The organizational meeting of a new Board of Directors will be held within ten(LO)days after the election of new Directors,at such place and times as may be fixed and announced by the Directors at the meeting in conjunction with which they were elected. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page Sof 11 Exhibit"d" 4.7 Other Meetings. Meetings of the Board may be held at such time and place in Collier County,Florida, as will be determined from time to time by the President or a majority of the Directors. Notice of meetings will be given to each Director, personally or by mail, telephone or telegram at least two(2)days prior to the day named for such meeting. 4.8 Notice to Owners. All meetings of the Board of Directors will be open to members. Since there is no Association property or association property upon which notices can be posted,a notice and agenda for each Board meeting will be mailed or delivered at least seven(7)days and not more than 30 days before such meeting to the owner of each Parcel. Notice of any Board meeting at which a non- emergency special assessment or a rule restricting the use of Parcels is to be considered for any reason will be mailed to each owner at least fourteen(14) days before the meeting, and an affidavit of mailing will be retained as proof of mailing. Notice of any Board meeting at which a budget will be adopted or amended will be given as stated in Section 6.2 below. The right of owners to attend Board meetings includes the right to speak on designated agenda items, subject to reasonable rules of the Association governing the manner,duration and frequency of doing so. 4.9 Waiver of Notice. Any Di• ih$a -n, r : a meeting before or after the meeting, and such waiver will be deemed a . + e giving . ' ' . If all Directors are present at a meeting,no notice to Directors will . •-' tied. 4.10 • of b. - 6, . I 01 , . ing w le ' t when at least a majority of all Directors are present in pe ,, �. t _ y , icipate in any meeting of the Board, by a conference tel ph. r .� "f'n fe gement whereby all persons present can hear and speak to al - -.4k' `- � n by presence in person at a meetin: � may not v��-r �cr..: ,..• wilt be deemed equivalent to proxy or by secret ballot at Board meetings,except that offic• :y be elected by sec I. . 4.11 Vote Required. The .. r.'.ved by a majority . At... Directors present and voting at a meeting at which a quorum exists will =, .• • •. of Directors,except when approval by a greater number of Directors is requi •'r ., rt uments or by applicable statutes. A Director who is present ata meeting of the B.. . writ be deemed to have voted in favor of any action taken, unless he voted against such action or abstained from voting because of an asserted conflict of interest. The vote or abstention of each Director present on each issue voted upon will be recorded in the minutes. 4.12 Adjourned Meetings. The majority of the Directors present at any meeting of the Board, regardless of whether a quorum exists, may adjourn the meeting to be reconvened at a specific time and date. At any reconvened meeting, provided a quorum is present, any business may be transacted that might have been transacted at the meeting originally as called. 4.13 The Presiding Officer. The President of the Association, or in his absence, the Vice- President,will be the presiding officer at all meetings of the Board of Directors. If neither is present,the presiding officer will be selected by majority vote of the Directors present. 4.14 Compensation of Directors and Officers. Neither Directors nor officers will receive compensation for their service as such. Directors and officers may be reimbursed for all actual and proper out-of-pocket expenses relating to the proper discharge of their respective duties. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION.INC. Page 6 of I I E>aitbk NpI. 4.15 Committees. The Board of Directors may appoint from time to time such standing or temporary committees as the Board may deem necessary and convenient for the efficient and effective operation of the Association. Any such committee will have the powers and duties assigned to it in the resolution creating the committee. If a committee has delegated to it the authority to bind the Association or act for and in the place of the Board, including the power to authorize the expenditure of funds, the committee will hold its meetings and give notice of such meetings with same formalities as required for Board meetings. S. OFFICERS. 5.1 Officers and Elections. The executive officers of the Association will be a President,and a Vice-President, who must be Directors,a Treasurer and a Secretary,all of whom will be elected annually by a majority of the Board of Directors. Any officer may be removed with or without cause by vote of a majority of all Directors at any meeting. Any person except the President may hold two or more offices. The Board may from time to time,appoint such other officers,and designated their powers and duties,as the Board will find to be required to manage . : ' e Association. If the Board so determines, there may be more than one Vice-Preside. 0tj 5.2 President. The ill be the chief execu' • o r of the Association; he will preside at all meetings of the s i :' - tors ' be e -o` io a member of all standing committees,will have general ac lie. a the . siness ' th• Association,and will see that all orders and resolutions of the :o 11.—, . r:•, ecu bonds,mortgages and other contracts requiring seal of the soc a 4 i ,, I , • I 1 .s law to be otherwise signed and executed, and the power to • - - — ' f e B• Ii .- • ors to some other officer or agent of the Association. 5.3 Vice President. •;k President in the , ff niority will, in the absence or disability of the President, perform ' and exercise th + - of the President; and they will perform such other duties as the Board a :' E CIR 5.4 Secretary. The Secretary will attend : meetings of the Board of Directors and all meetings of the members and will cause all votes and the minutes of all proceedings to be recorded in a book or books to be kept for the purpose,and will perform like duties for the standing committees when required. He will give, or cause to be given, notice of all meetings of the members and of the Board of Directors,and will perform such other duties as may be prescribed by the Board or the President. He will keep in safe custody the seal of the Association and,when authorized by the Board,affix the same to any instrument requiring it. The Secretary will be responsible for the proper recording of all duly adopted amendments to the Association documents. Any of the foregoing duties may be performed by an Assistant Secretary,if one has been designated. 5.5 Treasurer. The Treasurer will be responsible for Association funds and securities, the keeping of full and accurate accounts of receipts and disbursements in books belonging to the Association,and the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. He will oversee the disbursement of the funds of the Association, keeping proper vouchers for such disbursements, and will render to the President and Directors, at the meeting of the Board, or whenever they may require it,an accounting of all transactions and of the financial condition of the Association. Any of the foregoing duties may be performed by an Assistant Treasurer,if any has been designated. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION.INC. Page 7 of 1 I Exhibit"D" 6. FISCAL MATTERS. The provisions for fiscal management of the Association set forth in the Association Documents will be supplemented by the following provisions: 6.1 Denositorv. The Association will maintain its funds in federally insured accounts in such financial institutions authorized to do business in the State of Florida as will be designated from time to time by the Board. Withdrawal of monies from such accounts will be only by such persons as are authorized by the Board. 6.2 Budget. The Board of Directors will adopt a budget of common expenses for each fiscal year. A copy of the proposed budget and notice stating the time, date and place of the meeting of the Board at which the budget will be adopted will be mailed to or served on the owner of each Parcel not less than fourteen(14)days prior to that meeting. The proposed budget will be detailed and will show the amounts budgeted by income and expense classifications. 6.3 Assessments. Regular annual assessments based on the adopted budget will be paid in one annual installment, in advance, due on the . January, each year. Written notice of each annual installment will be sent to the me... 1,!Tretfilto. days prior to the due date. Failure to send or receive such notice will not -g9: • igatt• _.4* any annual budget has not been adopted at the time the installment of year is due, it w , umed that the amount of such installment is the same as the 1 an ,: - • and wi l be «, • at such rate until a budget is adopted and pro rata assessmen •are Jr.. at . .ich U ill. any ov :- or shortage calculated will be added or subtracted from each • ...,� • 6.4 .. � iai �_._. ..._. 41-1.! .. mg! by the Board of Directors when necessary to meet un � . u - xpec , un F,- -• -' umng expenses. Special assessments are due on the day - t . in the resolution • : • �, •, ,ving such assessments. The total of all special assessments co 1" ue in any fiscal y �, .11 n• Z« fifteen percent(15%)of the total annual budget for that year, - reserves, unless ty of the Voting Interests first consent. The notice of any Board - ,,_ . ,._ ,- t will be considered will be given as provided in Section 4.8 above; and the .•‘,.#. ,,#"' �.". -1" the assessment has been levied must contain a statement of the purpose(s) of the asse . ... funds collected must be sent for the stated purpose(s)or returned to the members as provided by law. 6.5 Fidelity Bonds. The President, Secretary and Treasurer, and all persons who are authorized to sign checks, will be bonded in such amounts as may be required by law or otherwise determined by the Board of Directors. The premiums on such bonds will be a common expense. 6.6 Accounting Records and Reports. The Association will maintain accounting records in the county in which the Association is located,according to good accounting practices. The records will be open to inspection by an Association member or the authorized representative of the member at all reasonable times. The records will include,but are not limited to: A. Accurate,itemized,and detailed records of all receipts and expenditures. B. A current account and a monthly, bimonthly, or quarterly statement of the account for each Parcel designating the name of the Parcel Owner, the due date and amount of each assessment,the amount paid on the account,and the balance due. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page S of ll Exhibit.p.. C. All audits, reviews, accounting statements, and financial reports of the Association. D. All contracts for work to be performed. Bids for work to be performed will also be considered official records and will be maintained for a period of one year. Within 60 days after the end of each fiscal year,the Board of Directors will mail or furnish by personal delivery to each Parcel Owner a complete financial report of actual receipts and expenditures for the previous 12 months. 6.7 Audits. A formal,certified audit of the accounts of the Association, if required by law, by vote of a majority of the Voting Interests,or by a majority of the Board of Directors,will be made by a certified public accountant,and a copy of the audit report will be available to all members. 6.8 Fiscal Year. The fiscal year for the Association will begin on the first day of January of each calendar year. The Board of Directors may change to a different fiscal year in accordance with the provisions and regulations from time to time . -_-. '- , Internal Revenue Code of the United States of America. R CO'�.y JA T� 7. , 1 Ds , .11 1 ,f'.. The Board of Direc,• , from time to time, adopt and amend rules and regulations gov-, , 'ntenance manag- en and control of the Association and the Association's Property. . es . .,., , _ -: latio wi be furnished to each Parcel Owner. Any rule or regulati. ,,=.► .,• i ., ,ust be reasonably related to the promotion of health, happi ,f,, i, d . ,��., 1 n s ner� and uniformly applied and enforced. 1. E.., 8. I _ , _, . —.1) l !y. i • , _u_ r 'r_ ration shall have all of the remedies available at law and in -.7-'414, , . the following . .7 ��1 . . y: • 8.1 v.' ;.flit of R ,, ,, . , ,� f, his heirs, successors and aligns, agrees to the forgoing provisions relati : y' -s u(1 '• i meat of violations regardless of the harshness of the remedy utilized by the Associa T1 regardless of the availability of other legal remedies. It is the intent of all members to give the Association methods and procedures which will enable it to operate on a businesslike basis, to collect those monies due it and to preserve the majority's right to enjoy the Property free from unreasonable restraint and annoyance. 9. TRANSFER OF ASSOCIATION CONTIL(OL:DEVELOPERS'RIGHTS. 9.1 Members' Rights to Elect Board of Directors. When owners other than the Developer own two thirds(2/3)or more of the Parcels,the owners other than the Developer will be entitled to elect one-third (1/3rd) of the members of the Board of Directors. Parcel Owners other than the Developer become entitled to elect a majority of the members of the Board of Directors upon the first of the following events to occur: A. Three months after all the Parcels have been conveyed to purchasers;or B. When some of the Parcels have been conveyed to purchasers and none of the other units are being constructed or offered for sale by the Developer in the ordinary course of business;or BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 9 of I l Exhibit"D" C. Seven (7) years after the Declaration of Covenants and Restrictions was recorded. 9.2 Developer's Right to Designate Members of Board of Directors. Except as provided above,the Developer will be entitled to designate at least one Director as long as the Developer holds for sale in the ordinary course of business at least one of the Parcels. 9.3 Notice of Members' Meetings. Within seventy-five(75)days after Parcel Owners other than the Developer are entitled to elect one or more Directors,the Association will call,upon not less than sixty (60)days notice, an election of the member or members of the Board that the Parcel Owners are entitled to elect. The election will be held in conjunction with a special or annual meeting of the members. The meeting and election may be called and the notices given by any Parcel Owner if the Association fails to do so. All non-developer Parcel Owners may vote in the election of Directors. The meeting in conjunction with which Parcel Owners other than the Developer first elect a majority of the Directors is referred to as the"turnover meeting." 9.4 Developer's Rights. So,o.. • *Re 1 -? i • ' i 'Ids Parcels for sale in the ordinary course of business, none of the foil' ' ons may 9 A ,int approval in writing by the Developer. A. Any ame.'r'' . .. . . laration of Coy-i : I k and Restrictions,the Articles, or the B of i i - • ' ion • h wou . . ersely affect the Developer's rights. , • .,� B. Any : , Li. � , I t w, , , ntal to the sales of Parcels by the r, . However, an • m ments for common expenses will not .. - -. to be detrimen : •access. -41 iit9.5 T c-' f r if �' ter. • .1. When Parcel .,er than the Developer elect all of the Directors of the Association,thele . . '.., ' :.. of the Association and all property of the Parcel Owners and of the Assoc' 1, . .d C1', ' . E by the Developer and all items and documents that the Developer is required to deli . over to the Association under Florida Law. The Developer may turn over control of the Association to Parcel Owners other than the Developer prior to the above-mentioned dates, in its sole discretion, by causing all of its appointed Directors to resign, whereupon is will be the affirmative obligation of Parcel Owners other than the Developer to elect Directors and assume control of the Association. Provided at least thirty (30) days notice of the Developer's decision to cause its appointees to resign is given to Parcel Owners, neither the Developer, nor such appointees, will be liable in any manner in connection with such resignations, even if Parcel Owners other than the Developer refuse or fail to assume control. It AMENDMENTS OF BYLAWS. Amendments to these Bylaws will be proposed and adopted in the following manner: 10.1 Proposal. Amendments of these Bylaws may be proposed by a majority of the Board or upon written petition signed by at least twenty five(25)percent of the Voting Interests. 10.2 Procedure. Upon any amendment to these Bylaws being proposed by said Board or Parcel Owners, such proposed amendment or amendments will be submitted to a vote of the owners not later than the next annual meeting for which proper notice can still be given. BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION,INC. Page 10 of 11 able"p" 10.3 Vote Required. Except as otherwise provided by law, or by specific provision of the Association documents,a proposed amendment to these Bylaws will be adopted if it is approved at least two-thirds(213rds)of the Voting Interests present in person or by proxy at any annual or special meeting called for the purpose,provided that notice of the proposed amendment has been given to the members in accordance with law. 10.4 Recording: Effective Date. A copy of each amendment will be attached to a certificate that the amendment was duly adopted, which certificate will be executed by officers of the Association with formalities of a deed. The amendment will be effective when the certificate and copy of the amendment are recorded in the Public Records of Collier County,Florida. The certificate must identify the book and page of the Public Records where the Declaration of Covenants and Restrictions was originally recorded. 11. MISCELLANEOUS. 1 11.1 Gender. Whenever the mascul•,. ne sin ar form of a pronoun is used in these Bylaws, it will be construed to mean the masculine -..i'1,,, 'g 1,- ; , Y. 'ular or plural,as the context requires. ti 11.2 Severability. Sho• portion hereof be 1' . -• or become unenforceable, the remaining provisions of the i i '; in full force and -'ect. 11.3 Conflict. If an . '' - arise,with respect to the 3/4 interpretation of these Bylaws andrifitolo ' • • • . • �11 . •v Bions of the Restrictions or Articles will prevail over the • v' . 'ls' !. E-4 The foregoing constitute :• Bylaws of KON ,o 0 1,,t4.-•WNERS ASSOCIATION, INC., and were slily adopted at <• meeting of the : . .... • 1 • of the Association on the Z ddaY of (J - cl '7`1 'S• FIE C1.1 C Dated this qday of \.1 L.t y , 4 c 5. KONA KOVE HOME OWNERS ASSOCIATION,INC., a Florida Corporation Not-For-Profit By: - Randall L.F ' n,President L . By: WM _A _ .... N--..„Zeggy A, P • kson,Vice President BYLAWS for KONA KOVE HOMEOWNERS ASSOCIATION.INC. Page 11 oft 1 EdNb t"D" ARTICLES OF INCORPORATION . OF j: `... . .. . KONA KOVE HOMEOWNERS ASSOCIATION,INC. (A Florida Corporation Not-For-Profit) Pursuant to Chapters 617 and 720 of the Florida Statutes, these Articles of Incorporation are created by Joel A.Threlkeld,Esq.,Threlkeld&Associates,P.A.,whose address is 2272 Airport Rd. S., Ste. I01,Naples,FL 34112,hereby incorporates this corporation not for profit for the purposes set forth and,to that end,the undersigned,by these Articles of Incorporation,certifies as follows: ARTICLE 4 NAME: STREET AND MAILING ADDRESS: The name of the nonprofit corporation shall be KONA KOVE HOMEOWNERS ASSOCIATION, -, to as"Association",and the street and mailing address of the Association is 5383 '=.71i. , .• . Florida 34116. PURPOSE AND POWERS: � ,� is to provide an entity pursuant to Chapters 617 and 7 ",Fl�� Cormrrnon propy the Association and to oversee , - 4 ,. rwlM�h ' i _ of Covenants, Condbtlolm and Roll !�✓ •�� ( ons or -� ~ at 2100, 2110,2120, 2130 and 2140 Curtis Strut,Nap , '. 34116,County o -idences".) Ayr The Association is organ'. • , exist on a non- .. l ` s a corporation not for profit under the laws of the State of Flori s . r, ',,;, , ,* of the Association shall be distributed or inure to the private benefit , intAbc .,r_.._officer of the Association. For the accomplishment of its purposes, the Association of the common law and statutory powers and duties of a corporation not for profit,except as limited or modified by these Articles,the Covenants and Restrictions,the Bylaws,and the applicable provisions of the Florida Statutes,as they may hereafter be amended from time to time,including without limitation,the following: A. To contract and sue or be sued with respect to the exercise or nonexercise of the its powers; B. To exercise all the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants,Conditions and Restrictions for the Residences(the"Restrictions") now or hereafter recorded in Collier County,Florida Public Records, as the same may be amended from time to time. All terms used herein which are defined in the Restrictions shall have the meaning herein as therein; C. To own and convey, construct, teconstntct, improve, maintain, repair, replace, operate or otherwise deal with the property and improvements of every nature or kind constituting the Association's Common Properties. This losemment Prepmed By: Mick.et likerperadea't e&eld Mechem PA Joel A.ihre&dd.Egg. LONA COVE HOMEOWNERS ASSOCIATION,INC.K 2272 Airport Rd.S.,see 101 Bthdit ' Naples,Merida 34112 Pallet of 6 D. To make and collect assessments against members of the Association to defray the costs, expenses and losses of the Association,and to use the proceeds of assessments in the exercise of its powers and duties. E. To promulgate rules and regulations, and make, amend or rescind Bylaws for the Association; provided that at no time shall the rules or Bylaws conflict with these Articles or the Restrictions; F. To pay all taxes and other Assessments which are liens against the Association; G. To own, protect,operate,maintain,and repair the Surface Waxy Management System,including all retention areas,culverts and related appurtenances. All funds and the title to all property acquired by the Association shall be held for the benefit of the members in accordance with the provisions of the Restrictions,these Articles and the Bylaws. t-- ,l'.0— '. _ 4111/-t, MEMBERSHIP: (', A. The members of the al - . , '' ers of a - rnple interest in one or more of the RESIDENCES ,, - . .. - , ' tions and Bylaws. After termination of the ,,likost, , -, !'' M1 , T , are members at the time of such termination. f. 1 B. The share of a i , funds and assets .,i the on cannot be assigned or ,$pf,transferred in any manner , as an appurtenance ;?, , L1 s Parcel. C. The owners of each Parcel, shall be en ' -, number of votes in Association matters as set forth in die R-i . . , •L i'JE:=,": 4 mariner of exercising voting rights shall be as set forth in the Bylaws. TERM: The term of the Association shall be perpetual. ARTICLE V BYLAWS: The Bylaws of the Association may be altered,amended or rescinded in the manner provided therein. ARTICLE Vt AMENDMENTS: Amendments to these Articles shall be proposed and adopted in the following manner: A. Proposal. Amendments to these Articles may be proposed by a majority of the Board or upon This Wauseon Replied By: Midis d Weepiness d Joel A.Tmerlad,Baq. LONA LOVE Bn011®OWNERa ASSOCIATlON,1NC. Th el eld&Associates,P.A. 2272 Airport Rd.S..Ste.101 Exhibit"C" Naples,Bodda 34112 Page 2 of 6 petition of the owners of two thirds of the Parcel Owners by instrument, in writing, signed by them. B. itggghtt. Upon any amendment or amendments to these Articles being proposed by said Board or Parcel Owners,such proposed amendment or amendments shall be submitted to a vote of the members not later than the next annual meeting for which proper notice can be given. C. Vote suited. Except as otherwise required for by Florida law, these Articles of Incorporation may be amended by vote of a majority of voting interests at any annual or special meeting,or by approval in writing of a majority of the voting interests without a meeting,provided that notice of any proposed amendment has been given to the members of the Association, and that the notice contains a fair statement of the proposed amendment D. Effective Date. An amendment shall become effective upon filing with the Secretary of State and recording a copy in the Public Records of Collier County,Florida. OFFICERS. G A. The affairs of the Assoc' •, I , iI .1,,, • :,.> , , of ,I Association,assisted by the Vice President, -.too tirtri trift‘in2y101intent Sec etacy(ies) and Assistant Trieasurer(s), -• � +, ofl rcers elected prior to the Turnover Date, .. ,I ...' , .- , _T'►_ iii x. , of Members. mbers. B. The Board shall elect the ' 1/4,04..Vice President, '-�> ,a`) I -. The President shall be elected from amongst I I ip of the : . , , , I , .I - officer need be a Director. The same person may hol404.14;,..• offices, •,,, ,Oe which are not incompatible; provided, however, the office • '`Z I I. �+ , t shall not be held by the same person nor shall the office of Pres'..-,77'7•••••=1; 'd by the same person. 141101,61111 FIRST OFFICERS. I The names of the officers who are to serve until the first election of officers by the Board are as follows: President - Randall L.Fredrickson Vice President - Peggy A.Fredrickson Secretary/Treasurer - Luke R.Fredrickson This Immo=Palpated By: Joel A.listelkeid,Esq. 'CONA BOVB SOMBORNBRS ASSsIldta OCIATION,latesperstlea�. Threlbeld&Associates,P.A. 2272 Aipott Rd.S.,Ste.101 Naples,Plan34112 Page 3"af Plana 6 Page ARTICLE IX DIRECTORS. A. The affairs of the Association will be administered by a Board of Directors consisting of the number of Directors determined by the Bylaws,but not less than three(3)Directors,and in the absence of such determination,shall consist of three(3)Directors. B. Directors of the Association shall be elected by the members in the manner determined by the Bylaws. Directors may be removed and vacancies of the Board of Directors shall be filled in the manner provided by the Bylaws. C. The business of the Association shall be conducted by the officers designated in the Bylaws. The officers shall be elected by the Board of Directors at its first meeting following the annual meeting of the members of the Association and shall serve at the pleasure of the board. R Cpj �' lisfr AL DIBE TORS. ` The initial Directors of • • .r4ri*Nip y Naples,FL 3411• 4— Y A.FREDRICKSO ( Al d . Woods ' +�`� LUKE R.FREDRICKSON 4668 Lakewood Blvd. Naples,FL 341[2 ARTICLE al DISSOLUTION: The Association may be dissolved if not less than all of the Members of the Board of Directors adopt a resolution to that effect,such resolution is approved by Declarant for so long as it is a Member,and not less than all of the Members of the Association,and a certificate of dissolution issued in accordance with Section 617.1402,Florida Statutes. ARTICLE XII pISPOSITJON OF ASSETS UPON DISSOLUTION: Upon dissolution of the Association all of its assets remaining after provision for creditors and payment of all costs and expenses of such dissolution shall be distributed in the following manner. This imorumeot Ptepleed By: Ankle d laostpad.i Joel A.Thiee$dd,Esq. KONA KOVE 1'!ON®OWNERS ASSOCIATION,INC. Thed.eld&Assoc .fimtsP.A. 2272 Myatt Rd.S.,SIo.101 Exhibit.,C" Nylon,Florida 34112 Pqs 4 of 6 • A. Property determined by the Board of Directors to the govannHental appropriate for dedication to an applicable agency or utility shall be dedicated to such agency or utility. In the event that such dedication is refused acceptance, such property shall be granted, conveyed and assigned to a nonprofit corporation,Association,trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were acquired to be devoted by the Association. B. If not conveyed or dedicated to a governmental agency or utility,the Surface Water Management System shall be conveyed or dedicated to a similar not for profit organization sons to assure continued maintenance thereof. C. Any remaining assets shall be distributed among the Members subject to the limitations set forth herein, as tenants in common, each Member's share of the assets to be determined as may be provided in the Bylaws,or in the absence of such provision,in accordance with his voting rights. 411 P' 41 > IIINDEMNIFICATION: : , INDEMNIFICATION: To the fur.- YT . ,,'trod by Flock .. Association shall indemnify and hold harmless every Director ,, . e Alt ......- of the Association ,.. all expenses and liabilities, including attorneys fees,actually , . . ``'!'� '►,I :, , ,- i i,,, - on im in connection with any legal proceeding(or settlement , . , . , • , ,' . ma be a party because of his being or having been a Director or . �1 r4)721 7 ,?4. , right of�on shall not be available if a j • _, , I, — , — , i'. actions or omissions to act were material to the cause adj: zest'7�., ' � - A. Willful misconduct or a "'P`', disregard for �� 'i� �� y� of the Association, in a proceeding by or in the ': .1' '. , iation to . . '. ..-i. in its favor. 0 44r B. A violation of criminal law, a action was unlawful or had reasonable M . �1'T'.��„ M'} action as ras lambk cause to believe his C. A transaction from which the Director of officer derived an improper personal benefit. D. Wrongful conduct by Directors or officers appointed by the Developer, in a proceeding brought by or on behalf of the Association. In the event of a settlement, the right to indemnification shall not apply unless the Board of Directors approves such settlement as being in the best interests of the Association. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which a Director or officer may be entitled. ARTICLE XIV EFFECTIVE DATE:The effective date shall be the date of filing of these Articles of Incorporation. ThisJoel�linelkehewed srAnkh.et losirpardtlin 7htd& P A LONA IOW 1i011QOWl�Btlg A TloN,n�lC� 2272 Airport Rd.S..Ste.l01 Naples,Riggs 34112 1Pigs S''C' ose5df • • ARTICLE XV INCORPORATOR:The name and address of the incorporator is as follows: Joel A.Threlkeld,Feq. THRELKELD&ASSOCIATES,P.A. 2272 Airport Rd.S.,Ste.101 Naples,FL 34112 WHEREFORE, the incorporator has caused these presents to be executed this the 2��+•(day of X13 ,2015. ,/,------) J „..............,,. ....h.„ 0-'1 `7P1st'?F''1,_ , Esq.,Incorporator o G c r 1ration is-43) v• .e • r;.I. ,.r ,for this corpo Joel � .� _'ti+ . �� ,,,y� .� reg'). A. ,Fag.,Tltrellteld '"'! , . P.A.,and i • ; .',, ., ,7-7- of the corporation shall be located at 2272 Airport Rd.S, :' Naples,FL 34112 __- 0 G ACCEPT . . c'. .,:(11.') --';.;,% GENT Having been named to accept service of process for KONA KOVE HOMEOWNERS ASSOCIATION, INC., at the place designated in these Articles of Incorporation, I hereby accept the appointment to act in this capacity and agree to comply with the laws of the State of Florida in keeping open said office. By: {"— - ""'",... •L ike, Esq.,Registered Agent Date: i` 22, 2 15• This sesuueeet Premed By: Arm of bosperslIss « lad A.4brdoetd.l3sq. IONA EMI HOMEOWNIIRS ASSOCIATION,INC. Threlkeld&Associssst,P.A. "C" 2272 Airport Rd.S.,Ste.101 A&MIbit A of 6 Narks.Florida 34112 __ _• •_ __ •• • •• o • . ,.. ta _ _ at rib , C-Ni ._, ....,..:,..1 .0.1. Allirje: _ • ,: " .�� tpartnteni of Mair •I certify the attached is a true and correct of the Articles of Incorporation - of KONA KOVE HOMEOWNER -4;= • " on Ju 27, 2015,as shown - ►•+.: .� '' wzr. a Florida corporation, filed The document number . th . .r-:. • C 0 II V •r ea ak 2ECV �, �� ?If E cRC�1 • • '• r ' Given under my hand and the .' Great Seal of the State of Florida at Tallahassee,the Capital, this the 4_, - 10Thirtieth day of July, 201520, -' -' r t ` ' i '- • .,- lifiA40 tilfai?t4141 • • • z • ••• ;• 4 ', _,fit • • we Priv c oat (1-11) *creta l af,State • _ •{• • • UMW tat ,_ oriba . . OW 1l.t.`.:.1 VNil‘ itpartment of state I certify from the records of this office that KONA KOVE HOMEOWNERS ASSOCIATION, INC. is a co . J P. it: t T. nder the laws of the State of Florida,filed on July 27, 20 . $v G The document number . th - ••j... • • + i S i 474'4. ' ' 1 � • I further certify that - :id iiiii !, . T�- d = this office through ,t- i c, R �, December 31, 2095, said . . . 111, :tion has not - 1- + -' Dissolution. . ptN 1 TIE CIRCA • w • I • • • • • • • i • i Given under my hand and the Great Seal of the State of Florida i - - at Tallahassee,the Capital,this the -, ,r 7 Thirtieth day of July, 2015 • ,�,, � f '- ivilAk fliVt4S4 �� Ikon gith • • AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) I, Luke Fredrickson (print name), as Managing Member applicable) of The Ohana Group LLC (title, if (company,under oath, that I am the (choose one) owner a Iicant ntra t purchaserf�licable}, swear or affirm pp �o purchaserand and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeLuke Fredrickson to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp. pros. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's 'Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee': • in each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true 6-20-2018 ?X________ Date I STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on 6-20-2018 (date) by Luke Fredrickson _ (name of person providing oath or affirmation), as Managing Member =rs personally known to -, w' has produced (type of identification) as identification. ire. STAMP/SEAL /ia/� .! Sig ''1"' . Notary Public +10".14 PEGGY A FREDRICKSON ' �►• ►I Notary Public-stat.at Florida i .•s Commission i FF 901935 :+ r My Comm.Expires Jut 25.2019 ' p, ''0 9aidad too*M Notary Ass. 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K 11;^ ih i r.... ;.;3_. 41,..._ ,..4.. a— Yi ..1,1 , Ile 1 p �l 'II ?Yt _ 41 l'i 8 Q 1 PIR/ X w to 8 �x . ::5 ill . ri `� , X1, 1. 8 e✓'rs,: yyg 3g' ; i1 } – 1}I ' B sig��r— 1$$ o N mli I.�.rr 91toil: z ill a Ag .i. 11 y ft ggB�P le O LLLJJJ ``M1 � J Id ' UU1 :iOii •' 1 ti o alii$ 11 10 t - -.ii-..-._: Sg ta18 gp �:u . ;a:/L\ - $ 3Wwli xi ;111 \ \ 1 7,i cn;::; !I:: - ®it� ¢m t- i 1 4 1 \\ \ 1 OD i x e ij m \ , \ "a 8 ! i - 16 I t 1 1 Si 1 iii 1� � t1 ti PI ai\> j' '� i 11 i1Q ¢ —.ems 11 Ai X11 1 • i i1 Ci (r• :;, ; ::if' i i Ri.... vi. r, r 1 i a•., ! 1 1 till I11 • � 6 I*. . til; " i 1 I 1 r n4• !f : 't fq 1 til 11► i !•,1 / z pit t h tt.. il; i f II ii Y y �j r s /• :r a . tin ;� , G } R i,�i,,i:1ii1,,,(d ° �.1 a /-1 i II •, Ai/ Nil i' ;pill's' i •; • s 1 Z N ' i. 111111111k 04 a, tit1 1 i V 1 ., .t_, _ - k, 4 1(! '~ liji • 1 t 1111-I- 4/` AFFIDAVIT' OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72,of the Collier County Land Development Code. I did giNe notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement. the names and addresses of property owners shall he deemed those appearing on the latest tar rolls of Collier County and any other persons or entities who have made a formal request of the county to he notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list. which are hereby made a part of this Affidavit of Compliance. (nature oi;,Aitfican- t) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this_8th day of August , 2018 by Luke Fredrickson , ho is • .csonall ' known to me .r who has produced as identification. 415° el 01 _ ,,ti 'v""•,,,,, PEGGY A FREDRICKSON ature of Notary Public) ?' fi, Notary Public - Slate of Florida 'r '` ornmfsafon 0 FF 901935 •-..«�;;,.•� mm Expires Jul 25.2019 Peggy Fredrickson f3cxided ttroupA Nihon:(Notary Assn Printed Name of Notary S SONRISE Building Company /1111 August 8, 2018 • Recipient Dear Property Owner, Please be advised that The Ohana Group, LLC has filed a formal application to Collier County for a variance from the requirements of the Collier County Land Development Code (LDC) as they apply to the following described property: 2140 Curtis Street located on the west side of Curtis Street approximately 550 feet north of Carlton Avenue, in section 11, township 50 south, range 25 east, Collier County, Florida consisting of 0.22 acres. It is our intent to ask the County to allow us to reduce the minimum eastern front yard requirement of 25 feet as per section 4.02.01 A Table 1, to 5.5 feet to allow for a single family residence to be constructed on the property described above. This letter is being sent to provide you notification of this variance request. Please feel free to contact me or my staff with any questions or concerns. The County will be notifying you of a formal public hearing date by mail, an advertisement within the Naples Daily News and signage to be posted upon the property. Sincerely, Luke redrickson President Sonrise Building Company & The Ohana Group LLC Sonrise Building Company 967 9th Avenue North Naples FL 34102 239-261-3433 Lic#CBC 1257977 t R m Q -. 6 R - g 6 n i i b i g i t s t g g 1 it €s Illgp liiiiik# g iiii4g1i1W t� W1111411111!� I i! t t IuiH = o Et a^"" 3, 1a1a7s a gigazaoirtia g i i i Z - 1 111 ,g a z » ! gW tl ydit 11111 !H ., VA-PL20180002054 9/27/18 202 San Mateo Drive Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Tuesday, August 28, 2018 2:00 PM To: Minutes and Records Cc: Ann P.Jennejohn; BellowsRay; BosiMichael; KendallMarcia; PageErin; NeetVirginia; RodriguezWanda; KellyJohn; SmithCamden;VelascoJessica Subject: Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map.pdf Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, rtema.44 eadaameet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ler County Exceeding Expectations 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 August 28, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 7,2018 and furnish proof of publication to the attention of John Kelly, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. I ne advertisement MUST NOT di= place° in that portion of the newspaper wnere ciassifiec advertisements appear. Please reference the following on ALL Invoices, DIVISION: ZONING [Zoning Services Section) FUND&COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 Authorized Designee signature for HEX Advertising P120180002054 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 6091610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180002054— WILLIAM D. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD, ORDINANCE NO.77-48,AS AMENDED,TO REDUCE THE MINIMUM SETBACK TO THE NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING HEIGHT, OR 18.8 FEET, TO 15 FEET,FOR A SINGLE FAMILY HOME LOCATED AT LOT 30,SOUTHPORT ON THE BAY UNIT ONE, ALSO KNOWN AS 202 SAN MATEO DRIVE IN BONITA SPRINGS, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.48= ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County, Florida A lY N o u oi� o Malibu C ► •0 oa ox >�a am Teresa L. Cannon From: Minutes and Records To: CasanovaAlexandra Subject: RE: Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) Thanks Alexandra, I will forward the proof as soon as I receive it! From: CasanovaAlexandra <Alexandra.Casanova@ colliercountyfl.gov> Sent:Tuesday, August 28, 2018 2:00 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia<Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov> Subject:Advertisement Request for your review PI20180002054-202 San Mateo Drive (VA) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ,4€e a td4a e4444evet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Coit ger County Exceeding Expectations 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 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, August 28, 2018 4:06 PM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; KellyJohn; StoneScott Subject: re:Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) Attachments: Ad Request.docx; Signed Ad Request.pdf; 2 x 3 Map.pdf This ad request is good. `Wanda Rodriguez, ACP Advanced Certified Paralegal Office of the County Attorney (239) 252-8400 From:CasanovaAlexandra Sent:Tuesday, August 28, 2018 2:00 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com>; BellowsRay<Ray.Bellows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; KendallMarcia <Marcia.Kendall@colliercountyfl.gov>; PageErin <Erin.Page@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject:Advertisement Request for your review P120180002054-202 San Mateo Drive (VA) Good afternoon, Please process the attached and acknowledge receipt at your earliest convenience. Thank you in advance, ld1la eawoutovet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanovapcolliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ler County Exceeding Expectations 1 Teresa L. Cannon To: RodriguezWanda Subject: RE:Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday, August 28, 2018 4:25 PM To:Teresa L.Cannon <Teresa.Cannon@collierclerk.com>; Patricia L. Morgan<patricia.morgan@collierclerk.com>; CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov> Cc:VelascoJessica<Jessica.Velasco@colliercountyfl.gov>;SmithCamden<Camden.Smith@ colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; StoneScott<Scott.Stone@colliercountyfl.gov> Subject: re:Advertisement Request for your review P120180002054-202 San Mateo Drive (VA) Teresa & Trish: Thanks for pointing that out; the map shows the right area but there is a mislabeled street. Please hold off on processing this one until we get a corrected map. Alexandra: The street at the top of the map labeled "Immokalee Rd" should be labeled as "Bonita Beach Rd." Please obtain a corrected map for this ad. Wanda Rodriguez, MCP .Advanced Certified ParaCegaC Office of the County .Attorney (239) 252-8400 From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>On Behalf Of Minutes and Records Sent:Tuesday, August 28, 2018 4:16 PM To: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Subject: FW:Advertisement Request for your review P120180002054-202 San Mateo Drive (VA) Hi Wanda, Trish was curious...is this map correct for the area? From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,August 28, 2018 4:06 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc:CasanovaAlexandra<Alexandra.Casanova@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountvfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov>; KellyJohn <John.Kellv@colliercountyfl.gov>; StoneScott<Scott.Stone@colliercountyfl.gov> Subject: re:Advertisement Request for your review P120180002054-202 San Mateo Drive (VA) This ad request is good. 1 Teresa L. Cannon From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent: Wednesday,August 29, 2018 11:58 AM To: RodriguezWanda;Teresa L. Cannon; Patricia L. Morgan Cc: VelascoJessica; SmithCamden; KellyJohn; StoneScott Subject: RE:Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) Attachments: 2 x 3 Map.pdf;Ad Request.docx; Signed Ad Request.pdf Good Morning, I have attached all documents to this email again in particular the revised map I received with the corrected street name to "Bonita Beach Rd" Please process the attached and acknowledge receipt at your earliest convenience.Thank you. Respectfully, exafccdiia eusvieutot Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. co ier County Exceeding Expectations From: RodriguezWanda Sent:Tuesday,August 28, 2018 4:25 PM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com>; Patricia L. Morgan <patricia.morgan@collierclerk.com>; CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Cc:VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; StoneScott<Scott.Stone@colliercountyfl.gov> Subject: re: Advertisement Request for your review P120180002054- 202 San Mateo Drive (VA) Teresa & Trish: Thanks for pointing that out; the map shows the right area but there is a mislabeled street. Please hold off on processing this one until we get a corrected map. Alexandra: The street at the top of the map labeled "Immokalee Rd" should be labeled as "Bonita Beach Rd." Please obtain a corrected map for this ad. 1 Ams w'o f V 01 Cb O Malibu G .poP 0 Stt �Qb Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, August 29, 2018 1:14 PM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; KellyJohn; StoneScott Subject: RE:Advertisement Request for your review P120180002054 - 202 San Mateo Drive (VA) The ad request with revised map is good to forward to NDN. Thank you, Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County .Attorney (239) 252-8400 From:CasanovaAlexandra Sent: Wednesday,August 29, 2018 11:58 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>;Teresa L. Cannon <Teresa.Cannon@collierclerk.com>; Patricia L. Morgan <patricia.morgan@collierclerk.com> Cc:VelascoJessica<Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>; StoneScott<Scott.Stone@colliercountyfl.gov> Subject: RE: Advertisement Request for your review P120180002054-202 San Mateo Drive (VA) Good Morning, I have attached all documents to this email again in particular the revised map I received with the corrected street name to "Bonita Beach Rd" Please process the attached and acknowledge receipt at your earliest convenience.Thank you. Respectfully, ,41eza Aha &motives. Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ier County Exceeding Expectations 1 Acct #076397 August 28, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: VA-PL20180002054 — 202 San Mateo Drive (Display Ad w/Map) Dear Legals: Please advertise the above referenced Display Ad w/Map on Friday, September 7, 2018 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500186697 August 28, 2018 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on September 7, 2018 and furnish proof of publication to the attention of Minutes & Records Department, 3299 Tamiami Trail East, Suite 401, Naples, Florida 34112. The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500186697 Account Number: 076397 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180002054 — WILLIAM D. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD, ORDINANCE NO. 77-48, AS AMENDED, TO REDUCE THE MINIMUM SETBACK TO THE NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING HEIGHT, OR 18.8 FEET, TO 15 FEET, FOR A SINGLE FAMILY HOME LOCATED AT LOT 30, SOUTHPORT ON THE BAY UNIT ONE, ALSO KNOWN AS 202 SAN MATEO DRIVE IN BONITA SPRINGS, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.48±ACRES. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252-8380, at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida co i 1 = Z W 0 • Q 6• j 0] d'O oa. Malibu C m ,O U JQm Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, August 29, 2018 12:02 PM To: Naples Daily News Legals Subject: VA-PL20180002054 Display AD Attachments: VA-PL20180002054 (HEX 9-27-18).doc; VA-PL201800002054 (HEX 9-27-18).doc;VA- PL20180002054 (HEX 9-27-18).pdf Legals, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 Teresa L. Cannon From: NDN-Legals <legals@naplesnews.com> Sent: Thursday, August 30, 2018 10:53 AM To: Teresa L. Cannon Subject: Naples Display Ad number 2105466- Run Date 9/7/18 - Size 3.925 - Cost $932.45 RE: VA-PL20180002054 Display AD Attachments: N D-2105466.pdf Teresa, Here is the ad for your approval. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent:Wednesday, August 29, 2018 12:02 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180002054 Display AD Lega Is, Please advertise the attached Display Ad w/Map on Friday,September 7,2018.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/6n-rCkRjAZSQk56ki2koTA?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk©acollierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO. VA-PL20180002054 — WILLIAM D. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H.TOLER 20- YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD,ORDINANCE NO. 77-48,AS AMENDED,TO REDUCE THE MINIMUM SETBACK TO THE NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING HEIGHT,OR 18.8 FEET,TO 15 FEET,FORA SINGLE FAMILY HOME LOCATED AT LOT 30, SOUTHPORT ON THE BAY UNIT ONE,ALSO KNOWN AS 202 SAN MATEO DRIVE IN BONITA SPRINGS, IN SECTION 6, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA,CONSISTING OF 0.48±ACRES. Bonita MO:Lap PROJECT LOCATION LITTLE HICKORY BAY EV BAREFOOT OEACH � San Me 5.�3� pp All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 7,2018 No.2105466 0 PROOF O.K.BY: ❑ O.K.WITH CORRECTIONS BY: PLEASE READ CAREFULLY•SUBMIT CORRECTIONS ONLINE ADVERTISER:COLLIER COUNTY HEX PROOF CREATED AT:8/29/2018 4:36 PM SALES PERSON: Ivonne Gori PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:09/07/18 ND-2105466.INDD SI7.F:3 col X 9.25 in Teresa L. Cannon To: RodriguezWanda; CasanovaAlexandra;VelascoJessica; 'johnkelly@colliercountyfl.gov' Subject: FW: Naples Display Ad number 2105466- Run Date 9/7/18 - Size 3.925 - Cost $932.45 RE:VA-PL20180002054 Display AD Attachments: N D-2105466.pdf Please review From: NDN-Legals<legals@naplesnews.com> Sent:Thursday, August 30, 2018 10:53 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Naples Display Ad number 2105466- Run Date 9/7/18-Size 3.925 -Cost$932.45 RE:VA-PL2O180OO2O54 Display AD Teresa, Here is the ad for your approval. From:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Sent: Wednesday, August 29, 2018 12:02 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL2018OOO2054 Display AD Lega Is, Please advertise the attached Display Ad w/Map on Friday,September 7, 2018.Thank you Teresa Cannon, BMR Senior Clerk II Minutes di Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/6n-rCkRiAZSQk56ki2koTA?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 Teresa L. Cannon From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, August 31, 2018 10:27 AM To: Minutes and Records Cc: CasanovaAlexandra;VelascoJessica; SmithCamden; KellyJohn Subject: FW: Naples Display Ad number 2105466- Run Date 9/7/18 - Size 3.925 - Cost $932.45 RE: VA-PL20180002054 Display AD Attachments: planner approval ad proof.pdf; ND-2105466.pdf Applicant approval is below and staff approval is attached; this proof is good to go for us too. Thank you, -Wanda Rodriguez, .ACP .Advanced Certified Paralegal Office of the County Attorney (239)252-8400 From:CasanovaAlexandra Sent: Friday, August 31, 2018 10:18 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: Ad Approval for your review VA-PL20180002054 Please see attached. ,41ezaget4 L Mafia, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at htta://bit.ly/CollierZoning. Co ler County Exceeding Expectations From: RodriguezWanda Sent: Friday, August 31, 2018 10:00 AM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>;VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: re:Ad Approval for your review VA-PL20180002054 1 Alexandra, I don't see the planner's approval for this one; please forward. Wanda Rodriguez, ACP Advanced Certified ParaCegaC Office of the County Attorney (239)252-8400 From: CasanovaAlexandra Sent: Friday,August 31, 2018 9:07 AM To: RodriguezWanda<Wanda.Rodriguez@colliercountyfl.gov> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>;VelascoJessica<Jessica.Velasco@colliercountyfl.gov>;SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: FW:Ad Approval for your review VA-PL20180002054 Good morning, Below please find applicants approval and attached the applicant's approval of NDN ad poof. Respectfully, Aizzafaut eamaeloa Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Cotter C.,ounty Exceeding Expectations From:Alexis Crespo <Alexis.Crespo@waldropengineering.com> Sent:Thursday, August 30, 2018 2:45 PM To:CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject: RE:Ad Approval for your review VA-PL20180002054 Approved. Wow! We were able to get on the Sept. 27th HEX agenda—the applicant will be thrilled.Thank you all! Alexis V. Crespo,AICP, LEED AP Vice President of Planning 2 ROP INENG4INEERING cea Fb611MEFfW OtAitlaiNG L.M0SCJFE.WCNITEC1L'E Direct: E:alexisc@waldropengineering.com I C:(239)850-8525 Office: P:(239)405-7777 I F: (239)405-7899 www.waldropengineering.com NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering,P.A.,you are agreeing to the following: This file/data is for informational purposes only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold harmless Waldrop Engineering,P.A.for any defects or errors in this file/data. From: CasanovaAlexandra <Alexandra.Casanova@colliercountyfl.gov> Sent:Thursday, August 30, 2018 11:13 AM To:Alexis Crespo<Alexis.Crespo@waldropengineering.com> Cc: KellyJohn <John.Kelly@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov>; VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject:Ad Approval for your review VA-PL20180002054 Alexis, Advertisement for:202 San Mateo Drive (VA), PL20180002054 for HEX on September 27, 2018. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision, which we will forward to the County Attorney for a decision. If you approve the ad, please reply approved. If advertisement is approved after COB August, 312018, your item may be continued. Respectfully, 41.evutella e4444204, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Note: Email Address Has Changed Alexandra.casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co Ter County Exceeding Expectations 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. 3 CasanovaAlexandra From: KellyJohn Sent: Thursday,August 30, 2018 12:27 PM To: CasanovaAlexandra Subject: RE:Ad Approval for your review VA-PL20180002054 Attachments: ND-2105466.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Purple Category Alexandra, The attached proof appears to be correct, please proceed accordingly. Respectfully, John Kelzy Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercounivfl.00v Tell us how we are doing by taking our Zoning Division Survey at 140aftliinktogititamilift Co ger County Growth Management Department From:CasanovaAlexandra Sent:Thursday,August 30,2018 11:13 AM To:Alexis Crespo<Alexis.Crespo@waldropengineering.com> Cc: KellyJohn<John.Kelly@colliercountyfl.gov>; NeetVirginia aftgfill9MeetIDEcifirtaimAgicag CAMEL®[le■ <Camden.Smith@colliercountyfl.gov>;VelascoJessica<Jessica.Velasco@colliercountyfl.gov> Subject:Ad Approval for your review VA-PL20180002054 Alexis, Advertisement for:202 San Mateo Drive (VA), PL20180002054 for HEX on September 27, 2018. The public notice ad for Naples Daily is attached for your approval. If you wish to revise any portion of it(specifically the title), please respond with strike through and underline as to your proposed revision,which we will forward to the County Attorney for a decision. If you approve the ad,please reply approved. 1 Teresa L. Cannon To: NDN-Legals Subject: RE: Naples Display Ad number 2105466- Run Date 9/7/18 - Size 3.925 - Cost $932.45 RE:VA-PL20180002054 Display AD Legals, Proof looks good, OK to run.Thanks From: NDN-Legals<legals@naplesnews.com> Sent:Thursday,August 30, 2018 10:53 AM To:Teresa L. Cannon<Teresa.Cannon@collierclerk.com> Subject: Naples Display Ad number 2105466- Run Date 9/7/18-Size 3.925-Cost$932.45 RE:VA-PL20180002054 Display AD Teresa, Here is the ad for your approval. From:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Sent:Wednesday, August 29, 2018 12:02 PM To: NDN-Legals<legals@naplesnews.com> Subject:VA-PL20180002054 Display AD Lega Is, Please advertise the attached Display Ad w/Map on Friday,September 7,2018.Thank you Teresa Cannon, BMR Senior Clerk II Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Please visit us on the web at http://protect-us.mimecast.com/s/6n-rCkRjAZSQk56ki2koTA?domain=collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error,please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the.Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples,z/ Fl 34104,to consider: PETITION NO. VA-PL20180002054 — WILLIAM D. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H.TOLER 20- YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD,ORDINANCE NO. 77-48,AS AMENDED,TO REDUCE THE MINIMUM SETBACK TO THE NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING HEIGHT,OR 18.8 FEET,TO 15 FEET,FORA SINGLE FAMILY HOME LOCATED AT LOT 30, SOUTHPORT ON THE BAY UNIT ONE,ALSO KNOWN AS 202 SAN MATEO DRIVE IN BONITA SPRINGS, IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 0.48±ACRES. Bonita Be- a-; PROJECT LOCATION LITTLE HICKORY BAY LELY' BAREFOOT BEACH San met ;. 3(as,��q n •+_ All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Depaituient,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 7,2018 No. 2105466 ?'apLr&i Battu NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY HEX 2105466 VA-PL20180002054 4500186697 Pub Dates September 7,2018 (-Y12,&al (Sign ture of affiant) ' ( :: • KAROL E KANGAS I Notary Pvb&-State of Florida Sworn to and subscribed before me _ commrulonis 1 o+1 � • My Comm.Explres.lu129,2021 This September 11,2018 ( :.,,It..4. 'ceded throopS*wwNotary Avak tlUtO� qa'Aero (Signature of affiant) 24A I FRIDAY,SEPTEMBER 7,2018 a NAPLES DAILY NEWS Amway founder, AIR DUCT CLEANING . ALLERGIES?ASTHMA?HEADACHES? iiir "`i Magic owner Richard Could REDUCE a „.,,,,,, DeVos dies at age 92 heat ng cost'up to 0%Advanced .;. _,. 10% Corey Williams No.1 cheerleader and the best owner F t ASSOCIATED PRESS that a Magic fan could ever want for otheir team." estoration Services g .. ,I DETROIT-Billionaire Richard De- Amway was not with- ` Am,ay,foun err oeedog nt out made Co The Fed- Lowest / Amway,owner of the Orlando Magic ere) Trade Commission D Price Ever! 04 and father-in-law of Education Secre- charged in 1969 that the a tary Betsy DeVos,died Thursday.He company was an illegal Unlimited was 92. pyramid scheme, but MOLD INSPECTION Family spokesman Nick Wasmiller ruled after a six-year in- (REG.$99) Vents said DeVos died at his western Michigan Richard vestigation that it wasn't. home due to complications from an in- DeVos Amway also has been We also offer.NC Cleaning•Ar Handler Cleaning fection. controversial because of Sanitizing Duct Repairs•Certified Mold Removal DeVos was born in Grand Rapids,not its almost evangelical zeal in promoting Before/After Inspection far from Ada,the community about 140 free enterprise,and gained attention State-of-the-Art UV Purification Systems miles west of Detroit where he later with DeVos'and Jay Van Andel's high- Conned&Insured for your Proreaon, anor:tt•.afes, Arte CMA8eg lived and died. profile participation in Republican poli- CALL aCAC1816190•ERRS'•MRSA1s In 1949,he and friend Jay Van Andel tics.DeVos was a major supporter of the NOW 888-223-2850 •www.fl-ars.com took $49 and invested the modest Republican Party and was appointed by amount into manufacturer and vitamin President Ronald Reagan to the Presi- direct-seller Nutrilite.They became in- dentia)Commission on AIDS in 1987. ',.f-''' �' I INSURANCE dependent vitamin distributors and 1st- DeVos and his late wife,Helen,also er used the company's person-to-per- donated to Christian churches and min- ■ ■ ■ son selling approach when starting Am- istries and other causes through their JllB•.{.f.you pay a full humccie to way in Ada with an all-purpose house- Richard and Helen DeVos Foundation. EA...E.ail.L.LV hold cleaning product. "Rich gave so much of himself to your claim?They coinediothe name Amway as an Grand elcon His enthusiasmde and n- �^�'I^ • le th Clai I L abbreviation of"American Way."Over sion were contagious,and drew the en- fi )- five decades,Amway became a multi- tire community together to help provide billion-dollar international corporation. a world-class education to West Michi- Manyof our policy Van Andel died in 2004. gan citizens,"Grand Valley State Presi- "Rich and my father built this compa- dent Thomas J.Haas said in a written A•'^`> ny from the ground up,and in many statement. holders DID NOT! ways Rich was the heart and soul of Am- DeVos and Van Andel also helped re- - g way,"said Steve Van Andel,Amway's vitalize downtown Grand Rapids,and = Combine homeowners chair."His vision and spirit inspired our many buildings and institutions in the and wind coverage into employees and independent business city bear the names of the men or their owners for more than 50 years." company. 1 one policy that includes a DeVos, who served as Amway's DeVos graduated from Grand Rapids DISAPPEARING president until 1993,also was involved Christian High School and attended Cal- in the NBA,buying the Magic from a vin College.He served from 1944 to 1946 B ' hurricane deductible. group headed by Orlando real estate de- in the U.S.Army Air Corps. Jim Bonfitt0 Pool cage coverage veloper William duPont III in 1991 His son,Dick,is married to Betsy De- Tracy Stolinas "Mr.DeVos'boundless generosity,in- Vos,who was appointed Education Sec- is also INCLUDED spirational leadership and infectious retaryby President Donald Trump.He is Joe BwEnneptt QQ enthusiasm will always be remem- also survived by three other children, 239'894-0888 bared;'Magic CEO Alex Martins said in two sisters and a number of grandchll- ii 1 I 'i L'I I I i`.I ii+'1, ., 1 a statement."Simply,he was the team's Bran. 5 583 Tallwood Street#102•Marco Island,FL 34145 NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Notice is hereby given that a public hearing will be held by the Collier County Examiner(HEX)at 9:00 A.M.,September 27,2018,in the Hearing Examiner's Hearing Examiner(HEX)at 9:00 A.M.,September 27,2018,in the Hearing Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples consider: Fl 34104,to consider. PETITION NO.VA-PL20180001625-THE OHANA GROUP,LLC REQUESTS A PETITION NO. VA-PL20180002054 - WILLIAM D. TOLER 20-YEAR VARIANCE FROM THE MINIMUM FRONT YARD SETBACK IN LDC SECTION QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H.TOLER 20- 4.02.01 A,TABLE 2.1 FOR A SINGLE FAMILY DWELLING ON PROPERTY YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE ZONED RMF-6.TO REDUCE THE MINIMUM FRONT YARD SETBACK ON THE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD,ORDINANCE EAST SIDE FROM 25 FEET TO 7.5 FEET FORME BUILDING AND 5.5 FEET FOR NO.77-48,AS AMENDED,TO REDUCE THE MINIMUM SETBACK TO THE THE ROOF OVERHANG,LOCATED ON THE WEST SIDE OF CURTIS STREET NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING BETWEEN CLARK COURT AND CHURCH AVENUE.ALSO DESCRIBED AS HEIGHT,OR 18.8 FEET,TOI5 FEET,FORA SINGLE FAMILY HOME LOCATED 2140 CURTIS STREET,IN SECTION II,TOWNSHIP 50 SOUTH.RANGE 25 EAST, AT LOT 30,SOUTHPORT ON THE BAY UNIT ONE,ALSO KNOWN AS 202 COLLIER COUNTY,FLORIDA. SAN MATEO DRIVE IN BONITA SPRINGS,IN SECTION 6,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF Ta,49,, 0.48±ACRES. y9( "3 BM Beaman $ , m PROJECT PROJECT ,--1 LOCATION hLOCATION q \• y • cmxrur \Smugglers CV • 5v+ Church AVE eek All interested parties are invited to appear and be heard. All materials used in All Interested parties are invited to appear and beheard.All materials used is presentation presentation before the Hearing Examiner will become a permanent part of the before the Hearing Examiner will become a permanent part of the record. record. Copies of staff report are available one week prior to the hearing. The file can be Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered.If a person decides The Hearing Examiner's decision becomes final on the date rendered. If a person to appeal any decision made by the Collier County Hearing Examiner with respect to any decides to appeal any decision made by the Collier County Hearing Examiner with matter considered at such meeting or hearing,he will need a record of that proceeding, respect to any matter considered at such meeting or hearing,he will need a record of and for such purpose he may need to ensure that a verbatim record of the proceedings that proceeding,and for such purpose he may need to ensure that a verbatim record is made,which record includes the testimony and evidence upon which the appeal is to of the proceedings is made,which record includes the testimony and evidence upon be based. which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of participate in this proceeding,you are entitled,at no cost to you,to the provision certain assistance. Please contact the Collier County Facilities Management Division of certain assistance. Please contact the Collier County Facilities Management located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252- Division located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112- 8380,at least two days prior to the meeting. 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Mark Strain, Chief Hearing Examiner Chief Hearing Examiner Collier County,Flonda Collier County,Florida September 7,2018 ND.2105107 September 7,2018 No.2105466 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., September 27, 2018, in the Hearing Examiner's Meeting Room,at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: -n PETITION NO. VA-PL20180002054 — WILLIAM D. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST AND DEBORAH H.TOLER 20- YEAR QUALIFIED PERSONAL RESIDENCE TRUST REQUEST A VARIANCE FROM SECTION 10.5.4 OF THE LELY BAREFOOT BEACH PUD,ORDINANCE NO. 77-48,AS AMENDED, TO REDUCE THE MINIMUM SETBACK TO THE NORTH AND SOUTH PROPERTY LINES FROM ONE-HALF THE BUILDING HEIGHT,OR 18.8 FEET,TO 15 FEET,FORA SINGLE FAMILY HOME LOCATED co AT LOT 30, SOUTHPORT ON THE BAY UNIT ONE, ALSO KNOWN AS 202 2.1 SAN MATEO DRIVE IN BONITA SPRINGS, IN SECTION 6, TOWNSHIP 48 rs) SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF o 0.48+ACRES. �' Bonita Bea ; --- Z PROJECT r LOCATION IfI LITTLE HICKORY BAY LELY BAREFOOT •. BEACH • Z San Male .�� G All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department,Zoning Division, Zoning Services Section,2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. If a person decides to appeal any decision made by the Collier County Hearing Examiner with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380,at least two days prior to the meeting. Mark Strain, Chief Hearing Examiner Collier County,Florida September 7,2018 No. 2105466 AGENDA ITEM 3-B Co er County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: SEPTEMBER 27, 2018 SUBJECT: PETITION VA-PL20180002054; 202 SAN MATEO DRIVE PROPERTY OWNER/AGENT: Owner: Agent: William D. Toler 20-Year Qualified Personal Residence Trust Alexis V. Crespo,AICP and Deborah H. Toler 20-Year Qualified Personal Residence Trust Waldrop Engineering 202 San Mateo Drive 28100 Bonita Grande Drive 4305 Naples, FL 34134 Naples, FL 34102 REQUESTED ACTION: To have the Collier County Hearing Examiner(HEX) consider an application for a variance from. Section 10.5.4 of the Lely Barefoot Beach PUD, Ordinance No. 77-48, as amended,to reduce the minimum setback to the north and south property lines from one-half the building height, or 18.8 feet, to 15-feet, for an existing single-family home, located at 202 San Mateo Drive. GEOGRAPHIC LOCATION: The subject property is a corner lot located at the northern end of San Mateo Drive and abuts San Mateo Drive along both the west and north property lines. Said property identified as Lot 30, Southport on the Bay Unit One, also known as 202 San Mateo Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida, consisting of 0.22± acres (See location map on page 2). VA-PL20180002054;202 San Mateo Dr. Page 1 of 7 September 11, 2018-Final l z 0 � a a dl V 0 J O r M M ^^ m gt N 2 co U= QM N N •cc � W Wd< M mo � N J N CO t0 m N N 84 oo1eyy ues LO�. m N O M \ M O M O CO r`, `� M c.-) ,„---N '" O N J CL a) E � z Z oa CLo d J N CI- Q. Z 2 c CC =-----)11k,., O o OJ :47.-. Zs. QCD4. co t m I.- j,--7-1,.... d GAs ngggyi J i46 cc Nos, �P w J `O 110T VA-PL20180002054; 202 San Mateo Dr. Page 2 of 7 September 11, 2018-Final PURPOSE/DESCRIPTION OF PROJECT: The subject property is located within the Lely Barefoot Beach Planned Unit Development(PUD) and comprises+/-0.48 acres and has been improved by means of a single-family detached dwelling unit; as per the PUD Master Plan, said property is located within development Tract H. The applicant seeks to enclose an existing rooftop deck which will increase the existing zoned building height thereby increasing applicable setbacks. Zoned building height is measured from the first finished floor to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. At the time the subject residence was constructed the first finished floor per FEMA requirements was 13.0 NAVD. The existing dwelling unit was constructed in 2012 with a zoned building height of 30-feet,whereas enclosing the rooftop deck area which was previously exempted from measure by LDC Section 4.02.01.D, will result in a new zoned building height of 37.7 feet. The applicant states that no actual height is being added to the existing dwelling unit via the roof deck enclosure and the overall height of the structure from an aesthetics standpoint is not being altered. Through this petition, the applicant seeks to maintain their existing 15-foot setback along the northern and southern property lines as the yards cannot be expanded to accommodate the new 18.8 foot required setbacks, an increase of 3.8 feet, due to existing development. The first variance being requested is from Section 10.5.4.B.of the PUD which requires a minimum setback of 10-feet or one-half the building height(18.8 feet),whichever is greater,for yards which abut a public or private street right-of-way other than Lely Beach Boulevard. The applicant requests a northern yard reduction of 3.8-feet to allow for a required yard of 15-feet. The second variance request is from Section 10.5.4.C. of the PUD which requires a minimum setback of 7.5-feet or one-half of the building height (18.8 feet), whichever is greater, for yards which abut adjoining homesites. The applicant requests a southern yard reduction of 3.8-feet to allow for a required yard of 15-feet. SURROUNDING LAND USE AND ZONING: North: San Mateo Drive (access easement) then single-family dwelling units located within the Lely Barefoot Beach PUD East: Little Hickory Bay located within the Lely Barefoot Beach PUD South: Single-family dwelling located within the Lely Barefoot Beach PUD West: San Mateo Drive (access easement) then single-family dwelling unit located within the Lely Barefoot Beach PUD VA-PL20180002054;202 San Mateo Dr. Page 3 of 7 September 11, 2018-Final > , 0 itik...... ivi it Sir"I, ' * —p ,j%,. . q am.! n > r . -,... t a 44, 01_ 1 -,, , , '*-L',41 -:- 1 811 ' *7 4' ' "111 iii N., ., 414.„ („"c, j, ,,i- R A00°4' a 0 IMMO 21ft Collier County Property Appraiser GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Designation, Urban Coastal Fringe Subdistrict, land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single-family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a proposed single-family dwelling which is an authorized use within this land use designation,therefore,the use is consistent with the FLUM. The GMP does not address individual variance requests; the Plan deals with the larger issue of the actual land use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing, which are peculiar to the VA-PL20180002054; 202 San Mateo Dr. Page 4 of 7 September 11, 2018-Final location,size and characteristics of the land,structure or building involved? Yes. The subject property is located within development Tract H of the PUD for which setbacks are atypical in that they are more conducive to multi-family development than single-family; setbacks are partially based upon zoned building height and do not recognize typical front, side,or rear yards.Additionally,the property is a waterfront corner lot that is a unique shape. Said property is bound on two sides by San Mateo Drive and on one side by Little Hickory Bay. Existing natural and built features further restrict the buildable area and are entirely unique to the subject property. 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 Property is within the Lely Barefoot Beach PUD which was created in 1977. Said PUD existed before the applicant purchased the subject property and the applicant contends that as said PUD is outdated they are precluded from enclosing the rooftop deck as well as similar improvements to upper stories that would improve the value of the property. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The applicant argues that the PUD language with respect to setbacks is unusual for this type of property as it is not typical for single-family dwellings to comply with a setback that is half of the height of the residence as single-family homes are typically renovated over the life of the structure. Application of the building height restriction significantly limits the property owner from making improvements due to the correlation between required yards and building height. 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 variances that are being requested are the minimum required to allow the property owner to enclose the existing rooftop deck. Allowing this variance will satisfy the intent of the ordinance to maintain reasonable separation between structures and property lines. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. Other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by VA-PL20180002054;202 San Mateo Dr. Page 5 of 7 September 11, 2018-Final case basis. 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. The total building height is not being increased and the existing setback is not being decreased. The granting of the Variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety,health and welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses,etc.? Yes. Given the unique shape of the property there is only one adjoining homesite;the north and west front roadways and the east abuts Little Hickory Bay. h. Will granting the Variance be consistent with the Growth Management Plan? Yes. Approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL(EAC)RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The Office of the County Attorney reviewed this staff report on September 11,2018. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition VA- PL20180002054, to reduce the minimum setback to the north and south property lines from one- half the building height, or 18.8 feet, to 15-feet, at 202 San Mateo Drive, located within unincorporated Collier County,Florida. Attachments: Attachment A: Applicable PUD Section Attachment B: Sign Posting by Collier County Attachment C: Backup Package VA-PL20180002054;202 San Mateo Dr. Page 6 of 7 September 11,2018-Final PREPARED BY: a°,/� LG/P JOH A. 17•L'--LY----C, NIOR PLANNER DA E ZONING DIVISION—ZONING SERVICES SECTION REVIEWED BY: — -- i 731 ,, i (8 1 RAYMOD V. BELLOWS, ZONING MANAGER DA �� E ZONIN DIVISION—ZONING SERVICES SECTION //' Q—to- to MICHAEL BOSI, AICP. DIRECTOR DATE ZONING DIVISION VA-PL20180002054; 202 San Mateo Dr. Page 7 of 7 September 7, 2018 The following pages have been extracted from Ordinance Number 85- 83, which amended Ordinance Number 85-21 which amended Ordinance 77-48, the Lely Barefoot Beach PUD, which was adopted by the Board of County Commissioners during Regular Session on the 17th day of December, 1985. Said pages contain the applicable permitted uses, development and dimensional standards for development Tract H in which the subject dwelling unit is located. Attachment A 3— 3 3 022Ps �411 i SECTION X . s . t TRACTS EJ-FT-6T H, AND I 1 i SINGLE OR MULTI-FAMILY RESIDENTIAL DEVELOPMENT 10. 1 PURPOSE I I L The purpose of this Section is to establish development ,, regulations for the areas designated on Exhibit "A" as Tracts ET—FT-GT H, and I: Low to Mid-rise Single or ` Multiple Family Residential . i •. 10.2 SITE PLAN APPROVAL REQUIREMENTS See Section 2.5, 2.6 , 2.7 , i A.---ln-the-event-an-ent4re-iraet-4s-to-be-developed-as iY iI1 a-un4f#ed-prejeet1-a-deta4led-and-d4Mens4ened-s#te ly plan-4nd4eat4n9-bu4ld4ng-types-and-leeat4en1 4 number-ef-dwe,44n9-un#tst-readwaysT-4r4ves-aad , z park4ng-area?-reereatieM-fae4l4t#est-and-ether aeeessery-ases-and-strdeteres-shall-9e-prepared - and-subm#tted-fer-appreval-by-the-aprepr#ate Gell#er-Gewnty-agene4est-pr4er-te-the-4s swanee-ef r`. c 11 bu#ld4ng-perm4ts,--The-site-p4an-app•eval-presess I shall-be-that-wh4eh-4s-set-#erih-4n-ihe-Zen#ng " 9rd#nanee-at-the-t#nye-S4te-plan-appreva -4s sought, B,---4n-the-event-that-a-hast-4s-to-be-developed-4n r. 1 fraet4enal-partst-eaeh-pareel-develeper-shall i • 1 subm4t-a-deta#led-and-d4Mens4erred-s4ie-pan-te J apprepr#ate-Gell4er-Geunty-agene4es7-4nd4eat4ng build#ng-types-and-leeat4e9T-number-eF-dwell4n9 sn4ts1-readwaysl-dr4ves-and-park4n9-areas?-reere • - Iat4en-fas4 4t4esl-and-ether-aeeessery-eses-and 1 I . ' -28- • • 'i IR 111111 MO IMMO". .r� IMMO struetures.--Pr4er-te-apprav4ns-the-develepmeRt plaR-€er-the-pareei,-the-6eunty-shall-'.,sure-that the-plan-eempl4es-w$th-the-Barefeet-Be aeh-PWD Master-Plan-and-rego4at4enst-and-ether-appl4eable ceuRty-erd4naneesT--The-s$te-plan-approval-peeeess shall-be-that-0140-4s-set-#erth-4R-the-ZeR4Rg 9rd4Ranee-at-the-t4me-s4te-plan-appreval-4s seughtr 10.3 USES PERMITTED - No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or : part for other than the follo .ing: A. Principal Uses: ( ( 1) Detached single family residences. I P (2) Attached single family residences such as villas, zero lotline homes, cluster homes, townhouses, etc. I • (3) Two family residences (4) Multiple family residences (5) Common recreational areas B. Accessory Uses: (1 ) Customary uses and structures (2) Signs as permitted as per zoning ordinance in effect at the time permits are required or requested -29- CraPP.0112 ,1 movenimminemi 1 3s r D 022 mc413 bo � I (3) Model dwelling units shall be permitted in conjunction with the promotion of the proj- ect. Such model dwelling units shall be ' converted to privately owned dwelling units I at the end of a two year period unless otherwise specifically approved by the County. (4) Docks, either individual or common .I1 ', 10.4 MAXIMUM PERMITTED DWELLING UNITS A. Traet-E: 89-uA4ts Traet-F= 388-un4ts Traet-6t 99-an4ts 1f'1 Tract H: 77 units Tract I: 30 units 1` The maximum number of dwelling units permitted on individual tracts E1-FT-6T-HT-and-4-may-be-4nereased-er deereased-by-46111-provided-Ehat-Ehe-grass-pre3eet dwe444ng-un4t-mar4miim-ef-699-dwe444Ag-ue4Es-4s-Aet 1 exeeeded H and I may be increased, provided that the gross project dwelling unit maximum of 690 units is not exceeded. 10.5 REGULATIONS 10.5. 1 GENERAL: All yards, setbacks, etc. shall be in relation to the individual tract or parcel boundaries. 10.5.2 MINIMUM LOT AREA: 6,000 square feet for detached single family dwellings -30- 111111~IMO 1111M1111111. WOMMO •' 1 • 4,000 square feet per dwelling unit to two family structures 3,000 square feet per dwelling unit for three or more dwelling unit structures .f is 10.5.3 MINIMUM LOT WIDTH: 60 feet for single family dwellings; 100 feet for two or more family dwellings; 1 ' li 10.5.4 MINIMUM LOT YARDS: • 'r� 1 A. Yards which abut Lely Beach Boulevard: 25 feet. Required ; ards abutting Lely Beach Boulevard are also easements within which utilities, walkways, etc. may be installed. B. Yards which abut a public or private street right-of-way other than Lely Beach Boulevard: •i 10 feet or 1/2 the building height, whichever is greater. C. Yards which abut an adjoining horesite: 7# feet or 1/2 the building height, whichever is greater. D. Yards between adjoining buildings on the same site: 15 feet or 1/2 the sum of the building heights, whichever is greater, except that in the case of clustered development wherein the site plan has been approved by the appropri- ate Collier County agency, separation between buildings may be less. • E. Yards which abut beachfront common open space: none. -31- too( 022 Par[414 I • mossummiumenimmumnionimmuminnommommot S3- 3ri too( 022 Flu 415 ;: . F.---Ge4c-frent-yardar-ne-structure-may-extend gulfward-ef-the-1.4ne-appreved-by-the-Trustees ef-the-anteraal•-4mprevement-Fund-as-a-var4- anee-te-the-State-Geastal-Setback-64ReT appreved-by-the-F3er4da-Bepartfient-ef-Natwrai Reseurees-4Geverner-aad-State-Gab#net4-en 12/17/24T GF. Waterfront yards other than gulf front: 30 i , feet or 1/2 the building height, whichever is ; greater. HG. Rear yards other than waterfront: 25 feet or 1/2 the building height, whichever is greater. 10.5.5 MINIMUM DWELLING UNIT FLOOR AREA: • Each residential unit shall have a minimum floor •ares of 1,200 square feet. 10.5.6 MAXIMUM BUILDING HEIGHT: A. Tract ET-GT-and H: four habitable floors. with the option of having one floor of zi parking and associated non-habitable utilitarian space beneath the first habitable floor. B.---Tract-Fl-sox-habitable-fleersT-with-the ept4en-ef-hav4ng-enc-/leer-ef-parking-and assee4ate-Ren-hab4tab;e-et4}4tarian-space beneath-the-first-kab4table-Bear. i GB. Tract I: two habitable floors, with the option of having one floor of parking and r• -32- • I 1 • I e.11 a. 1 F� $3-3€ .;4 -- .f 4 , c associated non-habitable utilitarian space : jF, beneath the first habitable floor. . 10.5.7 OFFSTREET PARKING REQUIREMENTS: , t.; As required by Collier County regulations in affect at the time permits are sought. 10.5.8 STRUCTURAL REQUIREMENTS FOR BEACH FRONT BUILDINGS: Special structural requirements designed to protect beachfront buildings from storm tide or wave damage are incorporated in the State of N Florida approved protective covenants for the Lely 1 ` Barefoot Beach project as contained in Coastal 1—, Setback Line Variance #74-75-V 40. These-eee- ,a; street#oR-Standards-shall-he-app14cable-to-a11 hd#4d4Rgs-developed-4R-TraetS-Es-FT-and-Gr 49TST9----MAXIMUM-8N4694NG-COVERAGE-4N-TRACTS-ii-F-6-Gt • . The-grewRd-aeverage-hy-perm4tted-res4deRt4a4 . structures-4n-;raei-El-F7-b-6-shal4-ReE-eKeeed-the max4mein-res#dent44;-SErueture-greuRd-aeverage-#n , ythe-same-beach#rent-development-SErip-wh#ch-was , permitted-wRder-the-PNB-decdmeRt-wh4eh-tm4s-PUB • med4f4esT--The-prey#eusly-perm4tted-max#mum-ground aeverage-hy-res#dpni4al-hu4Id#Rgs-was-5191465 • square-feety 19.5,39---BEAGHFR9NT-GARR499Rt-WIT4IN-WH4GH-BWE6k4NG-UN4i 1 G9NSTRUG;49N-IS-PR9N4BITEBt • ' Upon-3e4nt-determ4Rat#en-by-Ehe-Geumty-ER9#neer#R9 • Department-and-the-Bare#eet-Beach-pre4eet-PR9#Beer of-the-beach€ront-leeat#ens-wk404-are-mast r: -33- r • IMOK (VW(416 . . 600 022 Pu.c 417 !fir suseept410e-te-eres4enT-pass-breahthrevO T-er-have sterol-daaage -dwell#n9-un4t-e enstruet4en-shall-be preh#b4ted-at-these-pe#ntsT--The-dwell#n9-anit eeRstruetien-preh4b4t#eR-areas-shal1-be-44m4 ted-te �,r: twe-159-fleet-Mode-eery#dersT-ekteRd4n9-#rea-the t Gulf-a€-Mem4ee-te-the-nerth/seuth-aeaess-read r49ht-e€-way.--8€€street-park4n97-teRn#5-eeurtss and-small-seals-reereat4en-fae43#t4es-may-be placed-4R-the-eerr4ders-wh#eh-are-prO 4b4ted-€rem • dwel34R9-dR4t-eEnstruet4eve • • • • Oil M r..... • L1.:r' - 1 ti I' I •` I ` N i,. • } ile • { 1i i • mi 11 t :1I fi ili ; 1 Illii?. ' ri I �. f 1 ' ) l 1 : 1( • I i ' . I 'C i! ,i . . . I: f U , . I .03= . 11, . . h ) , s 1bi►► ii: I— d w` -; ! .i S t O Wr , ' 1 2 r 4 • 41.. -?„)). 4. . ii t •,. .., T I! 1 2 cl: ,4%.____,.•:. ..,--- ) I.i 0 wawai.,- .. } rl'-'. , . ,,--.1,. !ii) .:-:- .' 111 I i I • Yr. . %.. ), il. .4 .. 1 ...11RA 1 1\ - I • . . , —) ----,.'-•.•4., 1 ill S' ...,......‹ . • if ., t!:` 600t 022 MA472 '. I ', t de w.,,,, 1 KellyJohn From: KellyJohn Sent: Friday, September 07, 2018 4:55 PM To: KellyJohn Subject: Sign Posting -VA-PL20180002054 Attachments: IMG_0219.jpg; ATT00001.txt; IMG_0220.jpg;ATT00002.txt; IMG_0221.jpg;ATT00003.txt; IMG_0222.jpg;ATT00004.bct Follow Up Flag: Follow up Flag Status: Flagged Posted: 09/07/2018 at approximately 1:30PM Location: 202 San Mateo Dr, north and west By: John Kelly, Senior Planner Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Attachment B , --...-1.;-,t"... 1BLIC HEARIM . _. _. _._ „. _ iii. ' k „ .. , . ... .....__ .. , _ ... ._, . .,..... .. _..,,...,...__ ._ . . FOR .e tsf xa its'.-n rPl+Mi.Y1a, »,Mar U iw4..'g 4 r«rkib4 4 rrswit - - '' ---- 101iii - w..rrii,,.4+t ra et:..tt.I*$ Z ,..o+.wa.4 R..4r.P kri+d.4iw J.xie - i •yae..i xnPieie Mar ..,,,-4 Me tih.h....;;...--,,, Pe+1.�ei 11lssb r4 Vit.ib./IM.ii±.x\n 4 i4, .w+exFS Ie14. 1h 4rt*sM Pk 1,,,-,.'" [. . . Wn 6..w.w iW x4.MA,i.4 p.+NM,w 11“16" .l+len ; &..i a i+4^.I.+e. wr kw.lsAi i4r v+e lUie.1 ;,,-„,r.-.-- 3- %.,,,,.... , UMP.4rr,.i.l....M 4 t.r4.�i4 y W4i#-k •N dN2 iw 4!W P.", '" P��..f...nuxwx .,i. ....: "+[W ti•e r w«.r. T 8 .. ..:.. _. �- ..,,..gym- ,. r# , fi! '# $. '4. As'w Ali 44* 1Ab4 Y 1 w m .4t rte : „a tH-j,FO„4„..i ,. ,...„_410,....,_4:„. .._.....4:-.,:01r-Ja-,'- - .„, 1 puBL C H E --- _ _,_ ,:s„...., Rail,ARING .,._ ter. 9.10.... .__ ... d. OAii,i.. ' `x Mw.aan., - .„.., .¢Aa CONTACT - --- ..._„__, i ttal If . q -i .6 �, w _„"x w` ,, y ! �, Attachment C 202 San Mateo Drive Variance I A I WALDROP VA-PL2018-0002054 — ENGINEERING Hearing Examiner Package VARIANCE APPLICATION Coer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00&Code of Laws section 2-83—2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION William D.Toler 20-Year Qualified Personal Residence Trust and Name of Applicant(s): Deborah H. Toler 20-Year Qualified Personal Residence Trust Address: 202 San Mateo Dr. City: Bonita Springs State: FL ZIP: 34134 Telephone: N/A Cell: N/A Fax: N/A E-Mail Address: N/A Name of Agent: Alexis V. Crespo, AICP Firm: Waldrop Engineering Address: 28100 Bonita Grande Dr. #305 City: Bonita Springs State: FL ZIP: 34135 Telephone: (239) 405-7777 Cell: (239) 850-8525 Fax: (239) 405-7899 E-Mail Address: alexic.crespo@waldropengineering.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Page 1 of 6 Coi11 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 74435003307 Section/Township/Range: 6 /48 /25 Subdivision: Southport on the Bay Unit: 1 Lot: 30 Block: N/A Metes & Bounds Description: N/A Total Acreage: •48 Address/General Location of Subject Property: 202 San Mateo Dr., Bonita Springs, FL, 34134 ADJACENT ZONING AND LAND USE Zoning Land Use N PUD Single-Family Residential S PUD Single-Family Residential E PUD Little Hickory Bay W PUD Single-Family Residential Minimum Yard Requirements for Subject Property: Front: 1/2 Bldg. Height Corner Lot: Yes ■ No Waterfront Lot: Yes 111 No 1 Rear: 1/2 Bldg.Height Side 1/2 Bldg.Height Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s)immediately. 4/27/2018 Page 2 of 6 Courtier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Lely Barefoot Beach Master Association Mailing Address: 195 Barefoot Beach POA Unit#1 City: Bonita Springs State: FL ZIP: 34134 Name of Homeowner Association: Southport on the Bay Mailing Address: 209 San Mateo Dr. City: Bonita Springs State: FL ZIP: 34134 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: NATURE OF PETITION On a separate sheet,attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed;the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be;etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h)listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land,structure,or building involved. 4/27/2018 Page 3 of 6 Cattier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT 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? n Yes • No If yes,please provide copies. 4/27/2018 Page 4 of 6 Colt er County _ COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239)252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At time of submittal,the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW #OF COPIES REQUIRED NOT REQUIRED Completed Application(download current form from County website) [❑ Li[ U Pre-Application Meeting Notes 1 ❑ Project Narrative ❑ Completed Addressing Checklist 1Fr_ Property Ownership Disclosure Form 1 Conceptual Site Plan 24"x 36"and one 8%2"x 11"copy ❑ 11 Survey of property showing the encroachment(measured in feet) 2 [i Affidavit of Authorization,signed and notarized 2 ❑ ❑ Deeds/Legal's 3 El 0 __... Location map 1 ❑ Current aerial photographs(available from Property Appraiser)with project boundary and,if vegetated, FLUCFCS Codes with legend 5 ❑ 0 included on aerial Historical Survey or waiver request 1 0 Environmental Data Requirements or exemption justification 3 0 Once the first set of review comments ore posted, provide the assigned 1 ❑ 0 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 1 ❑ El 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. 4/27/2018 Page 5 of 6 Co .r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT 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: Bayshore/Gateway Triangle Redevelopment: Historical Review Executive Director El City of Naples:Robin Singer, Planning Director ❑ Immokaiee Water/Sewer District Conservancy of SWFL:Nichole Ryan ❑ Parks and Recreation: David Berra Emergency Management:Dan Summers;and/or ❑ School District(Residential Components):Amy EMS:Artie Bay Lockheart ® Other: ❑ FEE REQUIREMENTS 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:$1,125.00 After The Fact Zoning/Land Use Petitions:2x the normal petition fee Listed Species Survey(if EIS is not required):$1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing,and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to:Board of County Commissioners. The completed application,all required submittal materials,and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN:Business Center 2800 North Horseshoe Drive asuroNaples,FL 34104 Appl` nt Si nature Date � is cdrosifU Printed Name 4/27/2018 Page 6 of 6 I A' WALDROP 202 San Mateo Drive Variance ENGINEERING VA PL2018 0002054 Hearing Examiner Package AERIAL LOCATION MAP 1 I.7.- s- -4 , ' = -- 'Al.7-c r:.?* rr a � s t N * • ' - .x¢ ,' 'r'f #"`�" ��"fid - �,' ' 4. .i'...4-4••;:*:'-,.7 V4 '...-'4 it'''.'Ir.._r p .-r— '..."0,zir -1,, ' -A e% - Bonita Beach 4Rd SW ` . � N --IsWirt:. ril '1(4 ---: -41:1".41ilf 4,----. i w - - '--.2".•----J.._ ' 111K : - t:* i ' 10 _41: ,--' r ..... .. 4. „... .: e ..,, .1,i ' - . 4-: 0 :It . i:isr, .,4 s ,F. 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II''II ��II a:>ic:ao.o�o- it i ENGINEERING 9• • a •m Aerial Map WIG UNE ENGINEERING LANDSCAPE ARCNITEC,FIE Collier County WALDROP 202 San Mateo Drive Variance VA-PL2018-0002054 ENGINEERING Hearing Examiner Package COVER LETTER/ NARRATIVE STATEMENT �i WALpRQp BONITA SPRINGS Tampa Orlando Sarasota F ENGINEERING 28100 Bonito Gmnde Dr,Surge 305,Bonito Springs.FL 34135 PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE p(239)405.7777 i.(239)405-7899 June 22, 2018 REVISED August 23, 2018 Mr. John Kelly Senior Planner Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: 202 San Mateo Drive Setback Variance PL20180002054 Dear Mr. Kelly: On behalf of William Toler ("Applicant"),enclosed please find a variance petition relating to the minimum side yard setback at 202 San Mateo Drive ("subject property"). The subject property is a 0.48+/-acre parcel developed with one (1) single-family detached dwelling unit within the Lely Barefoot Beach PUD in northwestern Collier County. An aerial exhibit depicting the project location is attached to this application. REQUEST: The Applicant is requesting the following variances from the zoning regulations set forth in the Lely Barefoot PUD: 1) Variance from Section 10.5.4.B., which requires a minimum setback of 10 feet or one-half the building height (18.8 feet), whichever is greater, for yards which abut a public or private street right-of-way other than Lely Beach Boulevard; whereas the Tolers are requesting a reduced north yard setback of 15 feet. 2) Variance from Section 10.5.4.C, which requires a minimum setback of 7.5 feet or one-half of the building (18.8 feet), whichever is greater, for yards which abut adjoining homesites; whereas the Tolers are requesting a reduced south yard setback of 15 feet. NOTE: The zoned building height is measured from the first finished floor to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. At the time of construction of the existing residence, the first finished floor per FEMA requirements was 13.0 NAVD. This the where the measurement of zoned building height commences on the enclosed building elevation drawing for the purposes of calculating the required setback 202 San Mateo Drive Cover Letter/Variance Criteria Page 1 of 5 HISTORY/BACKGROUND: The Lely Barefoot Beach PUD was last amended in 1985 per Ordinance 85-83. The development regulations applicable to single-family uses on the subject property are set forth in Section 10.5.4 on page 31 of the PUD document. Section 10.5.4.B requires a minimum setback of 10 feet, or on-half the building height, whichever is greater, between single family dwelling and the abutting street rights-of- way. Section 10.5.4.0 requires a minimum setback of 7.5 feet or one-half of the building, whichever is greater, for yards which abut adjoining homesites. The existing dwelling unit was constructed in 2012 with a zoned building height of 30 feet (measured from 13.0 NAVD), resulting in 15-foot setback from the northern property line, abutting a private access easement; and a 15-foot setback from the southern property line, abutting another homesite. The Applicant is remodeling the existing single-family residence. The project includes the enclosure of a rooftop deck area, which did not previously contribute to the total zoned building height due to the exemptions to the building height measurement set forth in LDC Section 4.02.01. Enclosing this area, as shown on the Proposed Building Elevation Plans prepared by RG Architects, results in a "new" zoned building height of 37.7 feet. As noted above, the additional zoned building height increases the required setbacks for both the north and south yards as set forth in the PUD. The resulting required north and south yard setback is 18.8 feet (an increase of 3.8 feet from the current 15-foot setback). Through this petition, the Applicant is seeking variances from the regulations set forth in Ordinance 85-83, to maintain the current 15-foot setback along the northern and southern property lines, as the side yards cannot be expanded to the new required setback of 18.8 feet due to the existing development on-site. JUSTIFICATION: The requested variances are appropriate as it would allow for the improvement/remodeling of an existing structure on an irregularly shaped,waterfront lot that is bound on two (2) sides by private access easements. The variance is also appropriate due to the outdated PUD requirements that apply a multi-family yard setback provision to a single-family lot. It is important to note that no actual height is being added to the residence via the roof deck enclosure, and the overall height of the structure from an aesthetics standpoint is not being altered as shown on the drawings. Moreover, the proximity of the building to the lot lines is not changing, i.e. the Applicant is not seeking this variance to expand the building footprint. Additionally, the Applicant has obtained a letter from the Southport Architectural Review Board indicating their support of the proposed improvements. 202 San Mateo Drive Cover Letter/Variance Criteria Page 2 of 5 The following is a detailed analysis of this request's compliance with the variance review criteria set forth in LDC Section 9.04.03: 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The language in the Lely Barefoot Beach PUD is unusual. It is not typical to require a setback of one-half the building height for single-family dwellings. Applying multi-family standards for single-family development is peculiar. Also, the Property is a waterfront, corner lot and is a unique shape. The property is bound on two (2) sides by San Mateo Drive, and one side by Little Hickory Bay.These natural and built features create constraints on buildable area within the lot and are entirely unique to this property. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The Property is within the Lely Barefoot Beach PUD which was first created in 1977, and further amended in 1985. The PUD is outdated and existed before the applicant purchased the property. The result of the outdated PUD regulations precludes the Applicant from being able to enclose the rooftop deck, and making similar improvements to upper stories that improve the value of the property. Additionally, the unique shape of the parcel, and abutting natural and built features existed before the Applicant purchased the land. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. The language in the ordinance is unusual for this type of property. It is not typical for single- family dwellings to comply with a setback that is half the height of their residence. This is due to the fact that single-family homes are typically renovated over the life of structure. The application of these requirements significantly limits the property owner from making improvements due to the correlation between building height and side yard setbacks in this PUD. The Applicant is making relatively minor modifications to their residence, and the modifications are triggering the antiquated provision within the ordinance. Thus, a literal interpretation of the provision will put undue and unnecessary hardship on the Applicant, as well as creating practical difficulties as the residence is already constructed. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. The variances that are being requested are the minimum required to allow the property owner to enclose the rooftop deck. The request is for a 3.8-foot reduction to the newly required north and south yard setbacks. As noted above, the total building height is not 202 San Mateo Drive Cover Letter/Variance Criteria Page 3 of 5 being increased, and the existing setback is not being decreased via this request by new ground-level building area. _ Allowing this variance will meet the intention of the ordinance to maintain reasonable separation between structures and property lines, and is the minimum variance needed to allow the Applicant to make reasonable use of their land. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. The antiquated language is unique to this PUD, and also unique to this property based on the Applicant's intent to remodel a rooftop deck, while maintaining actual building height and the 15-foot north and south yard setbacks. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The total height of the building is not changing, and the existing yard setbacks are not being reduced via this request. The zoning code's intention was to maintain appropriate separation between structures. By enclosing the rooftop deck, the Applicant is keeping with the intent and purpose of the zoning, as it will not result in any impact on the surrounding neighbors. 7. Are there natural conditions or physically induced conditions that ameliorate the goals — and objectives of the regulation such as natural preserves, lakes, golf course, etc. The proposed variances will not negatively impact natural preserves,waterbodies, lakes, etc. 8. Will granting the variance be consistent with the Growth Management Plan The variance requests are consistent with the goals,objectives,and policies in the Growth Management Plan. Allowing the reduced 15-foot setbacks do not impact the provisions in the GMP relating to density, intensity, compatibility, access/connectivity, or any other applicable provisions. Based upon the above analysis, the Applicant respectfully requests approval of this variance petition. The approval will uphold the intent of the Land Development Code and Growth Management Plan. The request complies with the variance review criteria, and will not negatively impact compatibility, public health, safety or welfare. 202 San Mateo Drive Cover Letter/Variance Criteria Page 4 of 5 If you have and further questions, please feel free to contact me directly at (239) 405- 7777, ext. 207, or alexis.cresgo©waldrogengineering.com. Sincerely, WALDROP ENGINEERING, P.A. aCtIO Alexis V. Crespo, AICP, LEED AP Vice President of Planning Enclosures cc: William & Deborah Toler Nate Johnson, Potter Homes, Inc. Richard Guzman, R.G. Designs Inc. 202 San Mateo Drive Cover Letter/Variance Criteria Page 5 of 5 I WALDROP 202 San Mateo Drive Variance VA-PL2018-0002054 ENGINEERING Hearing Examiner Package -- DISCLOSURE OF INTEREST Co ear County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliergov.net (239)252-2400 FAX:(239)252-6358 PROPERTY OWNERSHIP Di5CLOSURE FOR€ This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf,to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL,tenancy by the entirety,tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address %of Owners Jp_ Wxu. Arra - " e,b n dC) b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address %of Ownership { c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I %of Ownership i �,�i. ,ut, Tel P i — loo_ - AtkpAe..0 3#40,4- Created 9/28/2017 Page 1 of 3 Cori?er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address %of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals,a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,stockholders, beneficiaries,or partners: % Name and Address of Ownership 1 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired Leased:Term of lease years/months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Co ei County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES,FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Date of option: Date option terminates: ,or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package.I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application,all required submittal materials,and fees shall be submitted to: Growth Management Department ATTN:Business Center 2800 North Horseshoe Drive Naples,FL 34104 )( k___ Al Agent/Owner Signature / Date Agent/Owner Name(please print) Created 9/28/2017 Page 3 of 3 202 San Mateo Drive Variance IA1ENGINEERI WALDROP NG VA-PL2018-0002054 Hearing Examiner Package --- AFFIDAVIT OF AUTHORIZATION AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20180002054 I, William Toler (print name),as Trustee (title, if applicable)of William D.Toler 20-Year Qualified Personal Residence Trust (company, If applicable), swear or affirm under oath,that I am the(choose one)owners applicantncontract purchaser and that: 1. I have full authority to secure the approval(s)requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches,data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Waldrop Engineering do Alexis V.Crespo,AICP to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • If the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's`Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words"as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. lit; Signatu Date STATE OF FLORIDA COUNTY OF COLLIER T,e.o . in i> .tr t s sworn to(or affirmed)and subscribed before me on1 iS/011.0�jyQ date)by P. / .,name of p-rson providing oath or affirmation), as I 1 ha is personally kno to fie • who has ced (type of identification)as identification. / p A . STAMP/SEAL jig ature . Notary Public f KELLY BROWN 1 1PRY PVB �7��,_State of Florida-Notary Public +1- *�-Commission#GG 122762 = „oity�"�„rtO My Commission Expires October 30, 2021 fi CP108-COA-00115\155 REV 3/24114 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1.20180002054 I Deborah Toler (print name), as Trustee title, if applicable)of Deborah H.Toler 20-Year Qualified Personal Residence Trust (company, if applicable), swear or affirm under oath,that I am the(choose one)owner) ✓ l applicantricontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application;and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/i authorize Waldrop Engineenng do Alexis V.Crespo,AICP to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • if the applicant is a corporation, then it is usually executed by the corp.pres. or v.pres. • If the applicant is a Limited Liability Company(L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's Managing Member.' • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • if the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner"of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that thects stated in it are true. Signa ure Date STATE OF FLORIDA COUNTY OF COLLIER �} p Tj foregoing instru en s s `orn to(or affirmed)and subscribed before me on i f/ t 6�d(date)by H. t1/1 /( (name of p ` .n providing oath or affirmation), as N�`' o is persona known c• e r who has r Y p d (type of identification)as identification. p, 2-417(27 STAMP/SEAL "r Si• ature of otary Public .a ,, KELLY BROWN ` '1 state of Flonda-Notary Public 1 *i. • "Cornmission #OG 122762 . • '';' My Commission Expires October 30, 2021 CPtOR-COA-001151155 REV 3/24/14 INSTR 4957940 OR 5018 PG 2592 RECORDED 3/20/2014 12:50 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $18.50 Property Identification Number: 74435003307 This Instrument Prepared By: STEVEN A. HOLT, ESQ. Mandelbaum Salsburg, PC 155 Prospect Avenue West Orange, New Jersey 07052 (SPACE ABOVE,THI"S L NE FOR,RECORDING DATA] WARRANTY DEEB This Warranty Deed is made and executed this ___ day of reU Gl1 t e"`--A , 2014 by WILLIAM D. TOLER and DEBORAH 14 TO .ER t41tSband afnd-Wife, as Tenants by the Entirety, whose address is 202 San Mateo Drive, Bonita Springs,; FL 341 4k.kerttintafter called the "Grantor", to WILLIAM D. TOLER, AS TRUSTEE OF THE WILLIAM;Q TOLER -YEAR QUALIFIED PERSONAL RESIDENCE TRUST and DEBORAH H. TOLER, AS TRUSTEE:;..,OF TIE DEBORAH H. TOLER 20-YEAR QUALIFIED PERSONAL RESIDENCE TRUST, as Tenants in Common, whose address is 202 San Mateo Drive, Bonita Springs, FL 34134,4wrrinafter called the" antee". b..' (Whenever used herein the terms G antort'and"Grantee"include fl the parties to the instrument and the heirs, legal representatives and assigns of individuals,and the'8itccessorr and assigns a corporations.) WITNESSETH, that said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate in Collier County,Florida to wit: Lot 30, SOUTHPORT ON THE BAY, UNIT ONE, according to the Plat thereof, as recorded in Plat Book 15, at Page 51 through 53 of the Public Records of Collier County, Florida. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND,the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except real estate taxes for the current and subsequent years, zoning, building code and other use restrictions imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record, if any. Page 1 *** oR 5018 PG 2593 *** IN WITNESS WHEREOF,the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witne ignature WILLIAM D.TOLER Witness Print d Name DEEkililH H.TOLER itn s Signature ft/A1 Wik Witness Printed Name _ �' \ i STATE OF 7/v.ei.604 ) COUNTY OF La/Tec )ss r�. ; ( ' l The foregoing instrument was a0krlowledged before me thi$ " day of R--131,-,2"- 2014, +442014, by WILLIAM D.TOLER, who is persopafy known to me or who.i s:produced Or,---r as identification, and by DEBORAH I1 TOLER who es personally' known to me or who has produced «k Li0- as identification - r 1/4 p 'as-4 Signature of Officer (Print,type, or stamp commissioned „ name and affixofficialseal) RAYMOND VANHOOPE77�cJR COMMISSION NOTAY CoMMISSIONAEXPITE RFsJ) NOVEMBFR 20, 2014 • Page 2 202 San Mateo Drive Variance h I WALDROP VA-PL2018-0002054 II ENGINEERING Hearing Examiner Package NIM/VARIANCE NOTIFICATION LETTER & MAILING LABELS I " ' WALDROP MTA SPRINGS Tampa Orlando Sarasota "ENGINEERING PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 28100 Banda Grande Dr.- 1 305, 77 SpringsFL 34135 p 1239391405-7777 I.12391405-7909 August 23, 2018 RE: 202 San Mateo Drive Variance PL20180002054 Dear Property Owner: Please be advised that Mr. and Mrs. William Toler have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 202 San Mateo Drive Southport on the Bay Unit One, Lot 30 The Tolers are remodeling their residence, which includes the enclosure of the small roof area in the front of the house (approximately 420 square feet). This improvement requires variances to the required north and south yard setbacks, as the modification impacts how the zoned building height is measured. Specifically, the Applicant is requesting the following variances from the zoning regulations set forth in the Lely Barefoot PUD: 1) Variance from Section 10.5.4.B., which requires a minimum setback of 10 feet or one-half the building height (18.8 feet), whichever is greater, for yards which abut a public or private street right-of-way other than Lely Beach Boulevard; whereas the Tolers are requesting a reduced north yard setback of 15 feet. 2) Variance from Section 10.5.4.C,which requires a minimum setback of 7.5 feet or one-half of the building (18.8 feet),whichever is greater,for yards which abut adjoining homesites; whereas the Tolers are requesting a reduced south yard setback of 15 feet. Please note the proximity of the existing residence to the lot line is not changing. The Applicant has obtained a letter from the Southport Architectural Review Board indicating their support of the proposed improvements. Please be advised that we are interested in assuring you that our request should not adversely affect your property interest. If you have any questions, please feel free to contact me directly at (239) 850-8525 or alexis.cresoo@waldrooengineering.com. Sincerely, WALDROP ENGINEERING, P.A. f iiA Alexis V. Crespo, AICP, LEED AP Vice President of Planning AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. aLt/6 (3 (Signature n Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this o0411`day of PlAxibUSi- , 4 by IFACCN,1 S Ori'noU CI , who is personally known to me or who has produced as identification. C rAihYV\ (Sign re of Notary Public) • Af.intetef Swai) Ssi at.. . Cnr\ ;�;A•�'�., JESSICA K LINN Agri" State o1 Florida-Notary Public Printed Name of Notary ; Commission G+G 170813 My April Commis16si,on2022 Expires GROWTH MANAGEMENT DEPARTMENT GIS/CAD MAPPING SECTION GIS PROCESSING REQUEST Property Notification Address Listing (Does not include Civic or Homeowner Associations ) Date: 8/7/2018 Requester's Name: Alexis Crespo, AICP Phone: (239) 405-7777 Folio number of Property (or PUD name): 74435003307 Site address of Property : 202 San Mateo Dr., Bonita Springs, FL 34134 Legal Description of Property: SOUTHPORT ON THE BAY UNIT ONE LOT 30 Or AR/PL Number pLdo/$D00,05-41 How many Feet Buffer around Property? 150 • 500 1000 Include the Properties: Internal I External Results: Names and Addresses Only or Names, Addresses,and Legal Descriptions Processing fees: 1. Spreadsheet(MS Excel) on Disc $70.00 2. Print out of Spreadsheet on Paper $75.00+ 5c for every record over 1500 • 3. Mailing Labels $80.00+6c for every record over 1500 4. Spreadsheet+Mailing Labels $85.00+ 1 lc for every record over 1500 ttVO 091-8/09t90 Aaanyoane algl;edwoo ww Lg x ww SZ;ewn;op aq.anblt� $31dVIS 09 L8/091.G0 tiaAV ui!M 81911adwoo„9/9 Z x„I.azls iagei BARBARA JEAN HUGHES LIV TRUST FOUNTAIN,JAMES A&GWEN A HICKMAN,ROBERT C&BARBARA H 201 SAN MATEO DR 208 SAN MATEO DR 199 SAN MATEO DR BONITA SPRINGS,FL 34134---8538 BONITA SPRINGS,FL 34134---8537 BONITA SPRINGS,FL 34134---8538 KATHERINE A SCOTT REV TRUST LAWRENCE,THOMAS R&CLAIRE M MC CULLOUGH,PAUL D&LINDA E 10836 CRYSTAL RIDGE CT 205 SAN MATEO DR 197 SAN MATEO DR ORLAND PARK,IL 60467---0000 BONITA SPRINGS,FL 34134---8538 BONITA SPRINGS,FL 34134---8538 PUTT REV REAL ESTATE TRUST SAN MATEO HOLDINGS INC SOUTHPORT ON THE BAY 233 MCCOMBS RD 7735 KENNEDY ROAD SOUTH PROPERTY OWNERS'ASSN INC VENETIA,PA 15367---1340 BRAMPTON,ON %SANDCASTLE COMM MGMT CANADA LEW 0B9 9150 GALLERIA CT#201 NAPLES,FL 34109---0000 SUNNY HILL TRUST T&E THORPE TRUST WILLIAM D TOLER QPR TRUST 4751 BONITA BAY BLVD PH#201 %HCT PACKAGING INC DEBORAH H TOLER QPR TRUST BONITA SPRINGS,FL 34134---0000 2800 28TH ST#240 202 SAN MATEO DR SANTA MONICA,CA 90405---0000 BONITA SPRINGS,FL 34134---0000 ZWICKER,WILLIAM J&ROSANNE M 209 SAN MATEO DR BONITA SPRINGS,FL 34134---8538 STAPLES° labl e with Avery 51608160 Etiquette doeformat 25 mm/8 67 mm compatible b e a ecOAvery/®51160/8160 04A 202 San Mateo Drive Variance IA WALDROP VA-PL2018-0002054 ENGINEERING Hearing Examiner Package SITE PLAN _•:ea.a°cu ea as. +co _ OA 3tlOBH - �ILIO 01VIN NVS LOL} i il \'' s1915441 MI - it M *, I . i 9?I,,A % a /1 " / Imre Sill / Z. 1 Q� y. \tee J n M \ QILI £ S''''' W Q (Du � \ \, ysm4 d \ ti,> � � �- 3 N R \\ '�a 41 xavaas maa"¢.m. ss s `s aa.sano ryq�� F I1IUB�\` &b \s 1 IgE i 3 rma'� \ . 1'0 II *\ . /\ s1m �r d < V \ 2'3% \ $ 17 -XI m \ fj ~ 'R-gl6a y. § mLL i^' �� \�\ rte&' QO 11 nll \\\ 1 Q �� LL,....,_, If,w, �is .,,\ l $ z N p 's t was Z ._ �' o 2'a i . w s ., o �' C • o it.I,W a it: N ryry n ,,,",,QQQ�� 8 4 Z z m a N N Q °'� o 0 OJ A a m cg i Ili ov'° 4' U U 4 0 �i z o0 .,S.' _ 1r,1 - 3`r. 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