HEX Final Decision 2018-21 HEX NO. 2018—21
HEARING EXAMINER DECISION
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.
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:
This is a multi-story home built in 2012. An open roof deck was built at that time and setbacks
were provided to meet the building height as required by the Planned Unit Development (PUD).
Open roof decks are not included in height measurement. By enclosing the roof deck it is now
required to be included in the height measurement for setback calculations. The actual structure
height is not increased, however the calculation for setbacks in the PUD would require an
additional increase of 3.8 feet of setback for the existing home in two locations.
A letter of no objection was received from Southport on the Bay Architectural Review Board and
no objections were received from members of the public.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180002054 filed by Alexis V.
Crespo, AICP, of Waldrop Engineering, Inc., on behalf of William D. Toler 20-Year Qualified
Personal Residence Trust and Deborah H. Toler 20-Year Qualified Personal Residence Trust, 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 a single family home on property located at 202 San
Mateo Drive, Bonita Springs, Florida and further described herein, as shown in the Site Plan
attached as Exhibit"A", and as subject to the condition(s) set forth below.
[18-CPS-01797/1436493/1]31 1 of 2
ATTACHMENTS: Exhibit A— Site Plan
LEGAL DESCRIPTION: 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
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.
to S'
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Date ark ',train, Hearing Examiner
Approved to formand legality:
AI V
Scott A. S one
Assistant County Attorney
[18-CPS-01797/1436493/1]31 2 of2
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