HEX Final Decision 2018-20 HEX NO. 2018—20
HEARING EXAMINER DECISION
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.
DATE OF HEARING: September 27, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in
Section 9.04.03 of the Land Development Code has been met and the petition should be
approved.
ANALYSIS:
The subject property is zoned Residential Multi-Family (RMF-6) and is being developed with a
single-family product on five separate lots. The applicant created an access easement from the
existing Curtis Street serving these lots. This created a corner lot at the most eastern part of the
access easement where it connects to Curtis Street. Corner lots require two front setbacks, one
facing each accessway. The corner lot is accessed by, and fronts on, the access easement. Curtis
Street is a local roadway with a sixty-foot wide right-of-way having two paved lanes
approximately centered within the right-of-way. As a result, the lot and right-of-way common
boundary is set back from the road pavement by approximately twenty-two feet. This request
would allow the principle structure to be set back an additional seven and one-half feet from the
lot and right-of-way boundary line.
Staff noted that this neighborhood is nearly built out and it is unlikely Curtis Street would be
substantially expanded. Staff verified that there are no utility easements along the existing right-
of-way and the applicant provided a survey (attached as Exhibit "C") showing no existing
easements.
One member of the public attended this meeting and, while not objecting, questioned the reduced
setback. The applicant explained the relationship of the setback to the actual distance from the
paved portion of the right-of-way in response.
[18-CPS-01795/1436465/1]60 1 of 2
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180001625 filed by Luke
Fredrickson of Sonrise Building Company on behalf of Ohana Group, LLC, for 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 on property located at
2140 Curtis Street, Naples, Florida and further described in Exhibit "A", as shown in the Site
Plan attached as Exhibit"B", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—Site Plan
Exhibit C—Survey Sketch
LEGAL DESCRIPTION: See Exhibit "A".
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
cAJit iPt)
Date Mar Strain, Hearing Examiner
Approv d as to form and legality:
He di F.Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01795/1436465/1160 2 of 2
*** OR 5166 PG 3105 ***
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 souni,
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 COLIIFR COUNTY,FLORIDA,
AND
THE EAST 50 FEET OF THE FOLLOWIG DESCRIBED TRACT OF LAND,TO WTT:
BEGINNING 330 FEET SOUTH OF A POINT- • V.„,. 411ij QF THE NORTHEAST CORNER FO THE
NORTHWEST QUARTER OF THE S. - "QU ')P THE NORTHWEST QUARTER OF
SECTION 11,TOWNSHIP 50 SOUTH, %AA.. 25 EAST;THEN*. NEST 300 FEET;THENCE SOUTH
120 FEET;THENCE EAST 300 FEET(T i CE NORTH 120 FEET,TOTHE\FOINT OF BEGINNING.
AND
BEGINNING 330 FEET SOUTH AIPOI ;t "i0 t •' 4 NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF i9&Alp, T Q i• 170 N 14,pft WEST QUARTER,SECTION
11,TOWNSHIP 50 SOUTH,RAN+ 5 T E ;THENCE SOUTH 120 FEET;
THENCE EAST 200 FEET;THEN ORTH 120 FEET,TOT poilsrriouEoiNNINo.
\\.! Arci ./.0/
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