HEX Final Decision 2018-23 HEX NO. 2018 —23
HEARING EXAMINER DECISION
PETITION NO. VA-PL20180001997 — WCI Communities, LLC requests a variance from
Section 2.03.08 A.2.a(4)(b)ii.b)ii) of the Land Development Code to reduce the minimum
30-foot front yard setback for fifteen condominium buildings that will be set back between
18.4 to 22.5 feet from the Frangipani Circle roadway, for property located just east of
Woodcrest Drive, approximately one quarter mile south of Immokalee Road, in Section 25,
Township 48 South, Range 26 East, Collier County, Florida, consisting of 6.72± acres.
DATE OF HEARING: October 25, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No letters of objection were received and no members of the public, other than the applicant's
representatives, attended this meeting.
Setbacks were originally measured from the overall tract boundary. At a later date the developer
separately conveyed the roadway, Frangipani Circle, to the Master Association. This action
created a front yard setback requirement from the roadway instead of the original tract boundary.
Since this site is not within a planned unit development (PUD) no deviation process exists. As
testified to by the applicant's representative, within many PUDs front setbacks are measured
from the back of curb or the asphalt of the abutting roadway. If this were to be considered, as
stated by the applicant, that distance between the roadway boundary to the back of curb is
approximately ten feet of additional setback from the pavement area.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180001997 filed by D. Wayne
Arnold, AICP of Q. Grady Minor and Associates, on behalf of WCI Communities, LLC, for a
variance from LDC Subsection 2.03.08 A.2.a(4)(b)ii.b)ii) to reduce the minimum 30-foot front
yard setback for fifteen condominium buildings that will be set back between 18.4 to 22.5 feet
from the Frangipani Circle roadway on the property described herein, as shown in the Setback
Exhibit attached as Exhibit"A", and as subject to the condition(s) set forth below.
[18-CPS-01803/1442716/1]21 1 of2
ATTACHMENTS: Exhibit A— Setback Exhibit
Exhibit B — Sketch& Legal Description
LEGAL DESCRIPTION: See attached Exhibit"B".
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.
f 14
4,
Date Mar Strain, Hearing Examiner
Approved as to f rm and legality:
Scott A. Stone
Assistant County Attorney
[18-CPS-01803/1442716/1121 2 of 2
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