HEX Final Decision 2018-24 HEX NO. 2018—24
HEARING EXAMINER DECISION
PETITION NO. VA-PL20180001816 — Timothy and Robyn Hicks request a variance from
Section 4.02.03 A., Table 3 of the Land Development Code to reduce the minimum
accessory structure side yard setback from 30 feet to 20 feet for a screen-enclosed pool
located at 152 Carica Road, located on the south side of Carica Road approximately one
third of a mile west of Goodlette-Frank Road, in Section 34, Township 48 South, Range 25
East, Collier County, Florida, consisting of 1.32± 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 applicants'
representative, attended this meeting. The Pine Ridge Architectural Control Committee provided
a letter of approval for the site plan and a letter of no objection was received from the abutting
property owner to the west.
This is an irregularly shaped corner lot having a single driveway with entry points on both
abutting streets. The original owner located the principle structure towards the far end of the lot,
restricting the space available for accessory uses. The current owners seek to construct a
screened pool and spa to the rear of the house, which due to the corner lot standards is
considered a side yard and requires a side setback that cannot accommodate this accessory use
without this variance.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180001816 filed by Clay C.
Brooker, Esq., on behalf of Timothy D. and Robyn J. Hicks, for a variance from LDC Section
4.02.03 A., Table 3, to reduce the minimum accessory structure side yard setback from 30 feet to
20 feet for a screen-enclosed pool and spa on the property located at 152 Carica Road, Naples,
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-01796/1442725/1130 1 of 2
ATTACHMENTS: Exhibit A— Site Plan
LEGAL DESCRIPTION: Lot 4, Block 5, Pine Ridge Second Extension, according to the plat
thereof as recorded in Plat Book 10, Page 86, Public Records of Collier County, Florida.
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.
t 0 ' "v --t s 1, e`er
Date Mar Strain, Hearing Examiner
Approv d as toform and legality:
Scott A. Stone
Assistant County Attorney
[18-CPS-01796/1442725/1]30 2 of 2
dC( > 0 0
N - Z
5.H y Exhibit"A" m ,,
cn
;3 1-..; A °' »to m ! 2_ m -
0° FLn 7. 33"" 5'[ 1
N n lj i '^l i
7 C N I
b o N P ) }
NJ = n °. T ,-r. .A/
1::. z ,.„ N_
rn
o m
I
or � 3 0 i -f '73
ro
n m
z_ i
Nt , ,
K 0
9
: A , 1 Z
m
H y \ i i
v �x
.. n m S= `\.
A - �J
?•T Q 5 N \` 'f
m- N o N_ O
x
:5:5- a m T m
P
LT cn
g. N
m x•
A N \/•\,
\-1,c
•
E.lit 10 1
V "to E ` 1
4v , -s--A,L . / — `- - 1 V
LI
mm o m.a i' fi I c vo !
:x.,,,,,,/
-III
o - 1 c ' z
w���l 3 \'''',
v FtO
r o Encroac/ LN rC
A
` PE—( Liu W - ( ! z
3 S J fl __sic.,30+ g
° m
CO `o c 7\\i p 111111111111111=1
CI.
r ca m j0' O
a,.-§
▪ o in
y C L1 ❑- N -I
N ' m o - "i --4...\1'Q c 7 m
°» 0 Q q\ _
N
P
3
CO
uS 1. o yyy
I• a°
3'
Q N D > > d H `<� O ~ m m E q O R c c A N N O 2 _O g aF,11-F,
b 3 C' ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ L ❑ J '
4 s, m J a - y z o d F 3 A F, s o 3 > rn m m D D 0 O v O Z °% m
o ; n F 3 ° T Z. t •' o s 3 m m , - - . x ^ g N <_-x O O D_ D m m r 2 3 0 i O i 0 0 N
< a s q - gy m o - ° »Nq m 0 rn m -i < nl m 0 41 O c Buz
; � N = °t � q ; � m % N $ g ' ; o m _�_ mrZmm � ymZrOmOrC urn
n o • 'o m m 7, 3. m N Fi n o n 0 8 5 '°3»- o W_ m r A A f� 1 !mn m -1 8 m D 0 -i k o a
c a ° '7 A' E. » m 3 3 0 w - 3" - O r r 1 O O m m
AHN - 2- mm . 0 3 zm'3a° 03Cm zZ Os 33 m
i - o _ -' l f m c' zz Z13Z s MM " ;Rm
• n .. .. c � - '. W u N".!°ro r_ =a 1 m m z 0 13 m 0 0 _, Z Z o> 'P n z
x - A a± 0 m 5 m r T m O O m -+ 0 0 . m P-Di
a l a I n n.3':1 1 1 r O Z Z 1 n A D O A m m N �C e T
E. f,' N 3 N,d° ZODO ..COs -vmm 0 J o°
9m v_ - I n Z 0 > c ti a Q
:PIx o,0' Dm ANm1,
n u q n f 3 _ o N „n -_I r D D 1 nr 5." i°-a'
a z co E fo. ; Z O D 00 r 1 A XP.:a
gj 3 � " .. ' 3m< D r m Z o3a
s f. t o 'R a: a 0 N < "w°
3m z 5 2 Z ;�N
n o _
e.1 O
o n =
z1 FL