Agenda 02/24/2009 Item #17A
Agenda Item No. 17 A
February 24. 2009
Page 1 of 24
EXECUTIVE SUMMARY
V A-2008-AR-13756, Lee Wyatt, represented by Lauren Barber of Turrell and
Associates, is requesting a nine-foot front yard setback Variance for principal
structures in the Mobile Home (MH) Zoning District, from 25 feet as required by
Land Development Code (LDC) Section 4.02.01, Setbacks for Base Zoning Districts, to
16 feet; and a site alteration Variance to impact mangroves, pursuant to LDC
Subsection 9.04.02.B.1. The approximately 0.14-acre subject property is located on
Lot 77, Otter Avenue, in Plantation Island, of Section 24, Township 53 South, Range
29 East Collier County, Florida.
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the Variances referenced above to
ensure that the project is in harnlony with all applicable codes and regulations and that the
interests of the community are maintained.
CONSIDERATIONS:
The applicant is requesting two Variances to pennit the construction of an approximately
1,832 square-foot, stilt mobile home. Although the subject parcel was largely cleared in
1971, approximately 1,721 square feet of mangroves still exist along its eastern and
northeastern boundaries. In order to erect the prefabricated structure on the site, as depicted
in the Master Plan entitled, "Wyatt Property Site Map" by Turrell, Hall and Associates,
Inc., dated February 27, 2007 as revised through Septembcr 19, 2007 (see Exhibit A to the
resolution), approximatcly 139 square-feet of these mangroves would nced to be removed
from the northeastern portion of the property; and to lessen the structure's impact on the
mangroves, it would need to be situated 16 feet from the property's western boundary,
which is also the site's front yard.
Being located within the MH Zoning District, the site is subject to 25-foot front yard
setbacks for principle structures, pursuant to LDC Scction 4.02.01; and being located in an
Area of Critical State Concern (ACSC) and Special Treatmcnt (ST) area, the subject
propcrty is also subject to LDC Section 4.02. 1 4, Design Standards for Development in the
ST and ACSC-ST Districts, and specitically Subsection 4.02.14.CA, which precludes the
destruction or alteration of mangrove trees and salt marsh grasses. However, as noted in
LDC Subsection 9.04.02.8.1, an agreement rcached in 2005 between the Board of County
Commissioners (BCC) and the Depmiment of Community Affairs authorized the use of a
Variance process to deviate from this requirement "for site alterations, including dredging
and tilling, of up to 2,500 squarc feet, rcgardIcss of prcdeve10pment vegetation... within
Units One, Two and Three of the Plmltation Island Subdivision..." Bccause the subject
propcrty is located within Unit Three of the Plantation Island Subdivision, it is eligible for
such a Variance request.
Agenda Item ~Jo. 17 A
February 24,2009
Page 2 of 24
As shown in Exhibit A to the resolution, the site has been carefully designed to
accommodate the building and its infrastructure while still respecting the mangrove trees
and the LDC -required setbacks to the maximum extent feasible. For example, the 28 x 64-
foot mobile home has been situated 17 feet from the northern property boundary in order to
minimize its overall mangrove impact area; and the necessary 7.5-foot side yard setbacks
have been maintained while affording sufficient area to accommodate the septic system and
its associated drainficld along the site's southern boundary. (It should be noted that the
septic system has its own design specifications, such as minimwn setbacks from mangroves
to prevent seepage pollution, necessitating its particular location there.) To avoid the
mangroves along the eastern property boundary~ the house has been given a generous 20-
foot rear yard setback instead of the required 10-loot setback. However, doubling this
setback has reduced the required front yard setback from 25 feet to 16 feet, triggering the
requested nine-foot Variance.
FISCAL IMPACT:
Approval of this Variance petition would have no fiscal impact on Collier County.
GROWTH MANAGEMENT PLAN (GMPI IMPACT:
Approval of this Variance would not affect or change the requirements of the GMP.
AFFORDABLE HOUSING IMPACT:
Approval of this Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
Subsection 9.04.02.B.I of the LDC allows site alterations up to 2,500 square feet, and the
applicant is requesting to impact only 139 square-feet of mangrove area, which would be
replaced by a 140 square-foot area re-planted in the southeastern portion of the site, as
required by the Department of Environmental Protection. Furthern10re, the quality of the
mangroves existing on the site is degraded, and extensive mangrove cleating already
occurred throughout the neighborhood, prior to the adoption of the LDC language
prohibiting it without a Variance.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition. Subsection 4.02.14.D of the LDC exempts mobile
homes sites within the Urban Designatcd Area of Plantation Island from the EAC hearing
requirement. Projects are instead reviewed by Environmental staff for compliance with the
Area of Critical State Concern (ACSC) and Special Treatment (ST) overlay regulations.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition V A-2008-AR-13756 on January 15, 2009, and believing that
Agsnda item No. -; 7A
February 24,2009
Page 3 of 24
approving the setback Variance for a 16-foot front yard and a site alteration Variance to
impact 139 square-feet of mangroves would not be injurious to the neighborhood or
detrimental to the public welfare, voted unanimously (7-0) to forward this petition to the
BZA with a recommendation of approval. Because this decision was unanimous, and no
letters of objection have been received from the community, this item is being placed on
the summary agenda.
LEGAL CONSIDER-\T10NS:
The petitioner is requesting a Variance to impact! 39 square feet of mangroves and a nine-
foot front yard setback variance for a principal structure in the MH zoning district, from 25
feet to 16 feet. The granting of such variances is pem1itted under LDC 99.04.02.
The attaehed staff report and recommendations of the Planning Commission are advisory
only and are not binding on you. Decisions regarding variances are quasi-judicial. As such
this item requires ex parte diseiosure, and all testimony given must be under oath. The
Petitioner has the burden to prove that the proposed variance is consistent with all the
critelia set forth below, and you may question Petitioner, or staff, to satisfy yourself that
the necessary criteria have been satisfied. LDC Section 9.04.02.A requires that "based upon
the evidence given in publie hearing; and the findings of the Planning Commission" you
"should determine to the maximum extent possible if the granting of the Variance will
diminish or otherwise have a detrimental effeet on the publie interest, safety or welfare."
Should you consider denying the variance, to assure that your decision is not later found to
be arbitrary, discriminatory or unrcasonable, the denial must be based upon competent,
substantial evidence that the proposal does not meet one or more of the listed criteria
below. Approval of this request requires three affirmative votes of the Board (majority
vote).
In granting any varianee, the Board of Zoning Appeals may prescribe the following:
I. Appropriate conditions and safeguards in conformity with the zoning eode or other
applicable county ordinances. Violation of such eonditions and safeguards, when made a
part of the telms under which the variance is granted, shall be deemed a violation of the
zoning code.
2. A reasonable time limit within which the action for which the variance required
shall be begun or completed or both.
Criteria for Variances
I. There are special conditions and circumstances existing which are peculiar to the
location, size, and characteristics oflhe land, structure, or building involved.
2. There arc 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.
3. A literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical diflicultics on the applicant.
Agenda item hlo. 17A
24.2009
Page 4 of 24
4. The Variance, if granted, will 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.
5. Granting the Variance requested will not 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.
6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and
not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
7. There are natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf course, etc.
8. Granting the Variance will be consistent with the GMP.
The proposed Resolution was prepared by the Cotmty Attorney's Office and is legally
sufficient for Board action. - STW
RECOMMENDA nON:
Staff recommends that the Board of Zoning Appeals approve Petition V A-2008-AR-13756.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning and Land Development Review
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item No. 17 A
February 24, 2009
Page 5 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This Item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. VA-2008-AR-13756 Lee Wyatt. represented by Lauren Barber of
Turrell and Associates IS requesting a front yard setback Variance for principal structures in
the Mobile Home (MH) Zoning District from 25 feet to 16 feeL as required by Land
Development Code (LDC) Section 4,02.01, Setbacks for Base Zoning Districts, to permit a
nine-foot setback; and a site alteration Variance to impact mangroves, pursuant to LOC
Subsection 9.04,02.81 The approximately O.14-acre subject property is located on Lot 77,
Otter Avenue, !n Plantation Island, of Section 24, Township 53 South, Range 29 East Collier
County. Florida CTS
2/24/2009 90000 AM
Prepared By
Senior Planner
Date
John-David Moss
Community Development &
Environmental Services
Zoning & Land Development
1/26/20093:36:51 PM
Appro\'cd By
Susan lstenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
1/27/20098:46 AM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
Environmental Services
Zoning & Land Development Review
1/28/200910:55 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Attorney's Office
Date
1/29/200911 :04 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
1/28/20091 :42 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
1/30/20092:17 PM
Appro\'cd By
Jusepl1 K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2/2/2009 4:44 PM
OMS Coordinator
Date
2/3/200910:30 AM
Approved 8y
OMS Coordinator
County Manager's Office
Office of Management & Budget
file://C:\AgendaTest\Export\ 124-February%2024,%202009\ 17.%20SUMMAR Y%20AGEN... 2/18/2009
Page 2 of2
.Agenda !tern No. 17A
February 24,2009
Page 6 of 24
\pproH'd By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & 3udget
2/13/20095:17 PM
Approvl'd By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/1i/2009 8;21 PM
file://C:\Agenda Test\Export\ I 24-Februarv%2024.%202009\ I 7.%20SUMMAR Y%20AGEN... 2/18/2009
A6P'/iJTIiil..11n;Ni/'9_1\7 A
-l"ehruary ;1.'\, 2tl09
Page 7 of 24
d~r County
~ ~~ ~!~
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LA.."ID DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
HEARING DATE: JANUARY 15,2009
SUBJECT:
V A-2008-AR- I 3756, PLANTATION ISLAND VARIANCE
PROPERTY OWJll'ER/AGENT:
Owner: Lee Wyatt
2370 Snook Drive
Naples, FL 34102
Agent: Lauren Barber
Turrell, Hall and Associates
3584 Exchange Avenue, Suite B
Naples, FL 34104
REOUESTED ACTION:
To have the Collier County Planning Commission (CCPC) consider a nine-foot front yard setback
Variance for a principal structure in the Mobile Home (MH) Zoning District, from 25 feet as
required by Land Development Code (LDC) Section 4,02.01, Setbacks for Base Zoning Districts,
to 16 feet; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection
9,04.02.B. 1, Variances for Site Alterations within the Plantation /sland."Subdil'isiol1S.
GEOGRAPHIC LOCATION:
The approximately 0.14-acre subject property is located east of Everglades City, south of
Plantation Drive, on Lot 77, Otter Avenue, in Section 24, Township 53 South, Range 29 East,
Plantation Island, Florida (.yee location map on the following page).
PURPOSEIDESCRlPTION OF REOUEST:
The applicant is requesting two proposed Variances to pennil the construction of an approximately
1,832 square-foot, stilt mobile home. Although the subject parcel was largely cleared in 1971,
approximately 1,721 square feet of mangroves exist along its eastern and northeastern boundaries.
In order to erect the prefabricated structure on the site, as depicted in the Master Plan entitled,
"Wyatt Property Site Map" by Turrell, Hall and Associates, Inc., dated February 27, 2007 as
revised through September 19, 2007, approximately 139 square~feet of these mangroves would
need to be removed from the northeastern portion of the property; and to lessen the structure's
VA.2008.AR.13756
Page 1 of7
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Agenda Item No. 17 A
February 24, 2009
Page 10 of 24
impact on the mangroves, it would need to be situated 16 feet from the property's western
boundary, which is also the site's front yard.
However, being located within the MH Zoning District, the site is subject to 25-foot front yard
setbacks for principle structures, pursuant to LDC Section 4.02.01; and being located in an Area of
Critical State Concern (ACSC) and Special Treatment (ST) area, the subject property is also
subject to LDC Section 4.02.14, Design Standards for Development in the ST and ACSC-ST
Districts, and specifically Subsection 4.02.14.CA, which precludes the destruction or alteration of
mangrove trees and salt marsh grasses. However, as noted in LDC Subsection 9.04,02,8.1, an
agreement reacbed in 2005 hetween the Board of County Commissioners (BCC) and the
Department of Community Affairs authorized the use of a Variance process to deviate from this
requirement "for site alterations, including dredging and filling, of up to 2,500 square feet,
regardless of predevelopment vegetation... within Units One, Two and Three of the Plantation
Island Subdivision..," Because the subject property is located within Unit Three of the Plantation
Island Subdivision, it is eligible for such a Variance request
As shov,TI on the attached conceptual site plan, the site has been carefully designed to
accommodate the building and its infrastructure while still respecting the mangrove trees and the
LDC-required setbacks to the maximum extent feasible. For example, the 28 x 64-foot mobile
home has been situated 17 feet from the northern property boundary in order to minimize its
overall mangrove impact area; and the necessary 7.5-foot side yard setbacks have been maintained
while affording sufficient area to accommodate the septic system and its associated drainfield
along the site's southern boundary (It should be noted that the septic system has its own design
specifications, such as minimum setbacks from mangroves to prevent seepage pollution,
necessitating its particular location there). To avoid the mangroves along the eastern property
boundary, the house has been given a generous 20-foot rear yard setback instead of the required
10-foot setback. However, doubling this setback has reduced the required front yard setback from
25 feet to 16 feet, triggering the requested nine-foot Variance.
AERIAL VIEW
SUBJECT
PROPERTY
VA,200g,AR,137%
Page 2 of 7
Agenda item No. 17 A
February 24, 2009
Page 11 of 24
SURROUNDING LAND USE & ZONING:
North:
East:
South:
West:
Vacant land; zoned MH-ACSC/ST
Canal, then vacant land; zoned MH-ACSC/ST
Vacant land; zoned MH-ACSC/ST
Otter Avenue, then vacant land; zoned MH-ACSC/ST
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): As noted, the subject property is in Plantation Island, which is
designated Urban, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map
of the GMP. The GMP does not address individual Variance requests but focuses on the larger
issue of the actual use. As residential uses are an authorized use in this land use designation, the
proposed mobile home use on the site is consistent with the Subdistrict and, therefore, deemed
consistent with the GMP.
A.~AL YSIS:
Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant
Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A.
through H., in bold font below, as general guidelines to assist in making a recommendation of
approval or denial. Staff has analyzed this petition relative to these provisions, and offers the
following:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Yes. The subject propeliy is located in a platted mobile home subdivision in Plantation
Island, which is an area characterized by mangrove forests. As previously noted, the
proposed mobile home is a prefabricated structure, and as such, cannot have its 64 x 28-foot
dimensions simply altered as a non-prefabricated home could. Consequently, the applicant is
restricted by both the dimensions of his lot and the dimensions of his mobile home unit
Therefore, he is requesting that a portion of the site containing mangroves be altered, and
that the front yard setback requirement be reduced in order to accommodate the structure.
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 ofthe Variance request?
Yes. Although a plat has never been recorded, according to a Property Appraiser's records,
the parcels in the neighborhood were created in 1970. Nevertheless, the creation of the
subject parcel, and its purchase by the applicant in 1987, predate the adoption of the
County's Area of Critical State Concern (ACSC) and Special Treatment (ST) area design
standards, which prevent the applicant from removing the 139 square-feet of mangrove trees
necessary to accommodate his mobile home on the site. Therefore, the conditions requiring
this Variance request are pre-existing.
VA-2008.AR-13756
Page 3 of?
Aaenda Item No. 17 A
~ February 24, 2009
Page 12 of 24
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. A literal interpretation of the applicable LDC provisions would create practical
difficulty for the applicant by preventing the location of his mobile home on the property.
Moreover, no other dwelling type is allowed in the MH Zoning District.
d. Will the Variances, if granted, be the minimum Variances tbat will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. The Variance requested would be the minimum to make possible the reasonable use of
the mobile home. As previously noted, the proposed location of the structure was carefully
planned in order to minimize its impact on the mangroves while still maintaining the
necessary side and rear yard setbacks that would afford sufficient area for the site's septic
system and drainfield. Furthermore, Subsection 9.04.02.B.l potentially allows site alterations
up to 2,500 square feet, and the applicant is requesting to impact only 139 square-feet of
mangrove area, which is merely five percent of that totaL Because this impact is negligible, it
is staff's opinion that the Variances, if granted, would not adversely impact the standards of
health, safety and welfare.
e. Will granting the Variances 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?
No. A Variance by definition confers some relief from the zoning regulations specific to a
site. However, Subsection 9.04.02.B.l entitles property owners to request a Variance from
the requirement of Subsection 4,02,] 4.CA for site alterations up to 2,500 square feet within
Units One, Two and Three of the Plantation Island Subdivision. As such, other properties in
the vicinity facing a similar hardship would be confelTed the same consideration.
Furthermore, approval of the Variances would enable the applicant to place a mobile home
on his property, which is a privilege that many property owners in the neighborhood enjoy.
With regard to the requested setback Variance, most properties in the neighhorhood do not
meet the 25-foot minimwn front yard setback requirement of the MH Zoning District either,
as evidenced by the aerial photograph, contained in Appendix 1 to this report, which depicts
the existing front yard setbacks of area structures. It appears that two of these properties
applied for and received Variances (Resolution No. 91-377 and No. 04-08) for their
structures' setback encroachments.
f. Will granting the Variances be in harmony with thc gcneral intent and purposc of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. The proposed Variances would allow the applicant to remove a small area of mangroves
in order to locate a mobile home on his property in a manner that is hannonious with the
purpose and intent of the LDC. Doing so would not be injurious to the neighborhood or
detrimental to the public welfare due to the fact that extensive mangrove clearing has already
occurred throughout the neighborhood, prior to the adoption of the LDC language prohibiting
VA-2008.AR.13756
Page 4 of 7
Agenda Item No. 1711.
February 24,2009
Page 13 of 24
it without a Variance. Additionally, the applicant is requesting to impact only a small, 139
square-foot area which, as noted on the site plan, would be replaced by a 140 square-foot re-
planted area in the southeastern portion of the site, as required by the Department of
Environmental Protection. Finally, as depicted in Appendix I, the requested 16-foot front
yard setback would be consistent with existing front yard setbacks in the neighborhood.
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, according to the applicant's environmental consultant, the quality of the mangroves
existing on the site is degraded.
Rear of the site, looking west,
where the elevated walkway to
the proposed dock would be
located.
View of the property from Oller
A venue, looking west.
Mangroves are shown
in the background. Australian
pine and Brazilian pepper are
visible in the foreground.
VA-2008-AR-13756
Page 5 of 7
Agenda item No. 17 A
February 24, 2009
Page 14 of 24
h. Will granting the Variances be consistent with the Growth Management Plan (GMP)?
Approval of this Variance petition would not have any affect on the Growth Management
Plan.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAe does not normally hear Variance petitions and did not hear this one.
RECOMMENDATION:
Staff recommends that the cepe forward Petition V A-2008-AR-13756 to the Board of Zoning
Appeals (BZA) with a recommendation of approval for Variances to permit a 16-foot front yard
setback (instead of 25 feet); and to pemlit the dredging and filling of up to 139.4 square-feet of
mangroves, as depicted on the site plan attached to the Resolution as Exhibit A.
APPENDICES:
Appendix 1: Front Yard Setbacks of Area Homes
VA-2008-AR-13756
Page6of7
PREPARED BY:
JO~D ~CIPALPLANNER
DEP AR TMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
/2
RAYM D V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LA.ND DEVELOPMENT REVIEW
~Yh.~
SUSAN MURRA Y-ISTENES, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~HEI IA HTON-CICKO
() ASS .l\NT COUNTY ATTORNEY
.-
APPROVED BY:
Agenda Item No. 17 A
February 24,2009
Page 15 of 24
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DATE
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DATE
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DATE
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'DATE
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K. SCHMITT, ADMINISTRATOR ATE
UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
(V
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MARK . STRAIN, CHAIRMAN
l-lr-09
DATE
Tentatively scheduled for the February 24,2009 Board of County Commissioners Meeting.
VA.2008-AR-I3756
Page 7 of 7
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item No. 17 A
February 24, 2009
Page 17 of 24
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-6968
VARIANCE PETITION APPLICATION
(VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be compleIed by staff
Above to be completed by staff
APPLICANT/AGENT INFORMATION
NAME OF APPLlCANT(S) LEE WYATT
ADDRESS
TELEPHONE #
E-MAIL ADDRESS:
CELL #
FAX #
NAME OF AGENT LAUREN BARBER
ADDRESS 3584 EXCHANGE AVE.
TELEPHONE # (239) 643-0166 CELL # (239) 776-4317
E-MAIL ADDRESS:LAUREN@TURRELL-A550ClATE5.COM
PROPERTY DESCRIPTION
FAX # (239) 643-6632
legal Description of Subject Property:
Section/Township/Ronge 24/53 5/29 E Property I.D.#: 01209760001
Subdivision:
Unit
Lot:
Block:
Metes & Bounds Description: See attached
Acreage: 0.14
Address of Subject Property (If different from Petitioner's address): Lot 77 Otter Ave
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS.
GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
Collier County Appiication 2008
Aoenda item No. 17A
~ February 24. 2009
Page 18 of 24
II
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.:::ollieraov.net/lndex.asox?oaQe=77 4
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
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
ADJACENT ZONING AND LAND USE
Zoning
land Use
N MH - ACSC/ST3
S MH - ACSC/STJ
E MH - ACSC/STJ
W MH - ACSC/STJ
Urban Residential Subdistrict
Urban Residential Subdistrict
Urban Residential Subdistrict
Urban Residential Subdistrict
Minimum Yard Reauirements for Subiect Property:
Front: 25
Yes 0
Yes ~
No 0
No 0
Corner lot:
Side: 7.5
Waterfront Lot:
Rear: 10
BE ADVISED THAT SECTION 10.03.0S.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO
REMOVE THEIR PUBLIC HEARING 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) IMMEDIA TEL Y.
Collier County Application 2008
2
Agenda Item No. 17 A
February 24, 2009
Page 19 of 24
NATURE OF PETITION
Provide 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' to 18'; when property
owner purchased property; when existing principal structure was built (include building permit number (5) if
possible); why encroachment is necessary; how existing encroachment came to be; etc.
For projects authorized under LOC Section 9.04.02, provide detailed description of site alterations, including any
dredging and filling.
The applicant is requesting to impact 139.4sf of mangroves on his property in order to construct 0 64'*28' single
family stilt home. The applicant is also requesting to reduce the front yard setback requirement from 25' to 16' to
minimize adverse impacts and clearing of mangroves.
Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the
Boord of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if
necessary.)
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 property is located on Planatation Island and os depicted on the Adjacent Setback Exhibit there is a wide
variaty of front yard setbacks in the vicinity. There is also a very evident trend of mangrove clearing in the area. The
applicant is striving toward the utilization of the property coupled with the preservation of the maximum amout
vegetation.
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.
No.
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.
Yes, the applicant has put a sizable down payment on the structure that is intended for the property, os well as
investment in procuring state and federal permits.
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.
Yes
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.
No it will not. Granting these two variances to the applicant will afford him the same utilization of his land if not
more limited than that of his neighbors.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be iniurious to
the neighborhood, or otherwise detrimental to the public welfare.
Yes it will. Granting these two variances to the applicant will afford him the same utilization of his land if not
more limited than that of his neighbors. The size of his building and proposed positioning is concurrent with the area.
In addition the applicant is proposing to retain as much mangrove vegetation onsite os possible, as well as mitigating
the square footage of the impacted mangroves on site.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the
regulation such os natural preserves, lakes, golf course, etc.
Collicr County Applicalion 2008 3
No
Aoenda item No. 17 A
- February 24, 2009
Page 20 of 24
8. Will granting the variance be consistent with the growth management plan.
Yes
9. OfficiallnterDretations or Zonina Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year? 0 Yes ~ No
If so, please provide copies.
Collier County Application 2()(JR
4
Agenda ilem No. 17 A
February 24, 2009
Page 21 of 24
RESOLUTION NO. 09-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-I3756, GRANTING TWO
VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION
4.02.01.A, TABLE 2,1 (FRONT YARD SETBACKS), AND THE
SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE
LAND DEVELOPMENT CODE (MANGROVE TREES), ON
PROPERTY HEREINAFTER DESCRIBED fN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to 'establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, arnongwhich is the granting of variances; and
WHEREAS, Petitioner has requested a front yard setback variance from subsection
4.02.01.A, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9-foot variance), pursuant to
LDC Section 9.04,00, for construction of a single-family stilt home; and
WHEREAS, Petitioner has also requested a variance from subsection 4.02.l4.C.4 of the
LDC, pursuant to subsection 9.04.02.B.I thereof, to allow dredging and filling of, and related
impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation
Island Subdivision (unrecorded), utilizing thc procedure set forth in section 9.04.03 of the LDC;
. and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
Page 10f3
Agenda Item No. 17 A
February 24, 2009
Page 22 of 24
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the LDC; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLUoR COlJNTY, FLORIDA, that the Board hereby approves a variance from LDC
subsection 4.02.0 l.A, Table 2.1, to decrease the 25- foot front yard setback requirement to 16
feet (i,e., a 9-foot variance), for construction of single-family still home on property described
as:
Lot 77 of Unrecorded Plat of Plantation Island Mobile Home Sites, Unit No.3, located
in Section 24, Township 53 South, Range 29 East; from the Northwest corner of Section
24, Township 53 South, Range 29 East Collier County, Florida run, S87 32'20" E, along
the North line of said Section 24, for 467.98 feet; thence nm 82 27'40" W, for 210.00
feet; thence nm 887 32'20" E for 980 feet; thence IUn S2 27'40" W lor 130 feet to the
POINT OF BEGINNING. Thence run 8 2 27'40" W for 60 feet; thence run N 87 32 '20"
W for 100 feet; thence run N 221'40" E for 60 fect; thcnce run S 8732'20" E, for 100
feet to the POINT OF BEGINNING
(the "Property"); and
BE IT FURTHER RESOLVED, that the Board hereby approves a variance from LDC
subsection 4.02.14.C.4, to allow dredging and filling of 139.4 square feet of mangroves on the
Property, consistent with the Site Plan attached hereto as Exhibit A, as requested in Petition V A-
2008-AR-13756, filed by Lauren Barber of Turrell, Hall & Associates, Inc., on behalf of Lee
Wyatt, as Trustee of the Lee Wyatt Trust #2.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2008-AR-13756 be recorded in the minutes of this Board.
Page 2 of3
Agenda Item r,o. 17 A
February 24, 2009
Page 23 of 24
This Resolution adopted after motion, second and majority vote, this
day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: _____.._.
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
~~~
AsSistant County Attorney
Exhibit A (attached): Site Plan
Page 3 of3
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