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Agenda 06/23/2009 Item # 7B Agenda Item No. 78 June 23, 2009 Page 1 of 47 EXECUTIVE SUMMARY This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2009-AR-14139, Hussein Wafapoor represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a Variance from Section 5.03.06 E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 3.0 feet (along the northwest riparian line) and 0 feet (along the southwest riparian line). The subject property is located at 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider an application for a proposed Variance to permit a boat dock facility and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: ...- The petitioner is proposing to replace the existing boat dock with a dock totaling 107 square feet with a boat lift. The .25:f: acre property has an existing single family home with a single wood dock and swing lift. This variance petition is a companion application to a boat dock extension petition (BD-09-AR-14138) for a proposed 10-fi)ot extension to the maximum allowed 20-foot boat dock which would (if approved) would allow a 30-foot long dock. On April 16, 2009, the Collier County Planning Commission (Cepe) approved the boat dock extension subject to the BZA approving this Variance petition. The conceptual site plan entitled "Wafapoor Dock Proposed Site Plan" revised on April 16, 2009, and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat dock and boat lift along with the required 7.5 setbacks. (See attached Site Plan). The neighbor to the north of the subject site has an existing approximately 30-foot long single boat dock. The dock is approximately 10 feet from the subject dock. Attached to the neighboring boat dock is a floating dock which is proposed to be removed. The neighbor to the south of the subject site has an existing single 20-foot long dock that is approximately 100 feet from the subject dock. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMP ACT: Future Land Use Element (FLUE): Future Land Use Element (FLUE): The subject properties are located within the Urban Residential Sub-district of the Future Land Use Map (FLUM) of the GMP. The GMP does not address signs, it focuses on the greater issue of actual land use. ...- Page 1 of 4 Agenda Item No. 7B June 23, 2009 Page 2 of 47 ENVIRONMENTAL ISSUES: Environmental Services staff has not reviewed the petition because this is a variance that will not have any impact on environmental issues. As a result, this petition was not required to be presented to the Environmental Advisory Council (EAC). COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition V A-2009-AR-14139, Wafapoor Boat Dock on April 16, 2009, and by a vote of 7-2 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. The northernmost portion of the dock facility shall be removed. 2. The setback to the north shall allow a 4.5-foot encroachment into the 7.5-foot required setback for the boatlift. 3. The setback to the south shall allow a O-foot setback into the southern riparian line for the southern portion of the dock facility. One of the Commissioners who objected to this petition did so because in his opinion, the Boat Dock Variance did not meet variance criteria "D" as noted in the attached staff report. It was his position that the variance requested was not the minimum that would make possible the reasonable use of the dock. The other Commissioner who objected did so because he did not consider the subdivision platting that created this lot with less water frontage and an odd configuration to be land related hardship. He also does not consider this lot a special condition of the land as noted in Variance criteria "A" in the attached staff report. Because the CCPC motion was not unanimous this petition has been placed on the regular BCC agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a Variance to allow a reduced side setback from one riparian property line from 7.5 feet to 4.5 feet and from 7.5 feet to 0 feet on a second riparian line. The granting of such a Variance is permitted under LDC Section 9.04.02. The attached 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 disclosure, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed Variance is consistent with all the criteria 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 public 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 effect on the public interest, safety or welfare." Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of Page 2 of 4 Agenda Item No. 78 June 23, 2009 Page 3 of 47 the listed criteria below. Approval of this request requires three affirmative votes of the Board (majority vote). In granting any Variance, the Board of Zoning Appeals may prescribe the following: I. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms 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 of the land, structure, or building involved. 2. There are 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 difficulties on the applicant. 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 hannony 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 County Attorney's Office and is legally sufficient for Board action. - STW RECOMMENDA TION: Staff recommends that the Board of Zoning Appeals (BZA) approve the request for V A-2009- AR-14139, Wafapoor Boat Dock subject to staffs and the CCPC conditions of approval as follows: 1. The northernmost portion of the dock facility shall be removed as depicted on the attached site plan. 2. The setback to the north side riparian line shall allow a 4.5-foot encroachment into the 7.5-foot required setback for the boatlift. Page 3 of 4 Agenda Item No. 78 June 23,2009 Page 4 of 47 3. The setback to the south side riparian line shall allow a 7.5-foot encroachment for the southern portion of the dock facility. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning & Land Development Review Page 4 of 4 Item Number: Item Summary: Meeting Date: Page 10f2 Agenda Item No. 78 June 23, 2009 Page 5 of 47 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 78 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: VA-2009-AR-14139, (NG) Hussein Wafapoor represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a variance from Section 5.0306 E.6, to reduce a required side yard setback of 7,5 feet for a dock facility to 4,5 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line), The subject property is located at 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida, 6/23/2009 90000 AM Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Date Approved By Zoning & Land Development Review 4/30/20094:52:14 PM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/1/2009 11 :41 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 5/11/2009 12: 59 PM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 5/12/20092:57 PM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 5/19/20095:12 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. Date 6/11/20092:31 PM Approved By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 6/121200911:17 AM Approved By OMB Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 6/12/2009 11 :45 AM Approved By Mark Isackson Budget Analyst Date file://r:\AgenclaTe"t\F:xnnrt\ 117-Tllnf'.%70?1 %?0/00Q\07 %?ORnA 'Rf)%')lInJ;'o/n')1I70l\.TThJ (;/1 7 nllllQ Page 2 of2 Agenda Item No. 78 June 23, 2009 Page 6 of 47 County Manager's Office Office of Management & Budget 6/12/2009 12:25 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 6/13/200910:04 AM file://C:\AgendaTest\Fxnort\ 1 ~2-Jllne%)0/i %)0)00Q\07 %)ORnART1Ofn)OnF0fn707nNTN 1l/17/7000 Agenda Item No. 78 AGENDA I1j~9ZB, 2009 Page 7 of 47 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 16,2009 SUBJECT: VA-2009-AR-14139, \~lAFAPOOR BOAT DOCK COMPANION ITEM: BD-2009-AR-14138 PROPERTY OWNER/AGENT: Owner: Hussein \\Tafapoor 140 Conners Avenue Naples, FL 34108-2151 Agent: Joshua W. Max\vell 3548 Exchange Avenue Naples, FL 34104-3732 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider em application for a proposed variance from the required riparian line setbacks of 7.5 feet for property with less than 60 feet of \vaterfrontage to zero feet as provided for in Section 5.03.06 E.6. of the Land Development Code (LDC). The requested action (if approved) would allow a dock facility at 0 feet from the riparian line. GEOGRAPHIC LOCATION: The subject propeliy is located at 140 Conners A venue, legally described as Unit 3, Block Rand Lot 22 of Section 28, Township 48 South, Range 25 East, Collier County, Florida. (.5;ee location map on/hllowing page) PURPOSEffiESClUPTION OF PROJECT: The .25::J:acre propeliy has an existing single family home with a single ,vood dock and swing lift. The petitioner proposes to replace the existing boat clock with two docks totaling 195 square feet with a boat lift centered between the two docks. This variance petition is a companion application to a boat dock extension petition for a proposed IO- foot extension to the maximum allO\ved 20 foot boat dock whieh would (if approved) would allO\va 30-foot long dock. VA-2008-AR-14139 Date: 3-25-09 Page 1 of 7 COO)f'.,. f'.,.0"<t .0,,- 00.1 0 ZMC1) E0J(I) (])(I)Ol ~Cro (ll:::;o... -0-' C (I) !l ~ => z ~ Q i;j ,. f- ~ ::J o U "Lei W ~ 1\':"5"" ~~.~- ~; I 2, Q~o ~~~ rq~ I:~J; . t: ~ ~_ 2 I~ y- > 0 ~ ~ w " ~ => z \;! ~ ., \- - "' gNA N ~ ~ ,. ~ ~ \G ~ \-~~ \-;~ 7- " " :3 ~ " ~ GULf Of v;c"!.lCO Jl..:-~ ~l 10... I - I:- :~ 0',;; ,,~;"-,m.;,~~< Ji-ki':~~"'-,r-" ~ h ~~ Fe ~ g ~rr'Ll~ ~ t~[ ~ L/1I~~;. -r~I~l'" ,< l;! .'i7, ^''' {J ~ p~ ~;1- ~ ~ 5s __ rI~ 1----- ~JUl'l~;;(i~'1~ ~r'~~~ ~- ;> ""l Ir-tn ~YdJ.^ d.... 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U'JEz -:t: 25 ro ~ ~.~ .:!o - ;::. -:; r';, '""@ Iii v: ~ ::I: <<l ~ ~ _....u'l,)..-!" - t:: on_i ~.~ ~B ;:::32 ;<"'- E---< ~ ~\ ~ E : \ r~ t: '1-\ vi ;:'(D~ (.' ~ /~ '. 't/~, ~.~. ~ ". ", 'ji -c., 'fj F^"~ ,5 Agenda Item No. 7B June 23, 2009 Page 10 of 47 The conceptual site plan entitled .'Wafapoor Dock Proposcd Site Plan" revised on Novcmber 7, 2008 and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat docks and boat lift along with the required 7.5 setbacks (See Site Plan on previous page). The neighbor to the north of (he subject site has an existing approximately 38-foot long single boat dock. The dock is approximately 7 feet from the subject dock. Attached to the neighboring boat dock is a floating dock \vhich is proposed to be removed. The neighbor to the south of the subject site has an existing single 20-foot long dock that is approximately 100 feet from the subject dock. SURROUNDING LAND USE & ZONING: Northwest: Conner's Avenue then Single-family residences on Lots 29 and 3D, with a zoning designation of RSF-3 Northeast: Single-family residences on Lot 21, with a zoning designation ofRSF-3 Southeast: Vanderbuilt Lagoon, a 709-foot waterway South'west: Single-family residence on Lot 23, with a zoning designation ofRSF-3 AERIAL VA-2008-AR-14139 Date: 3-25-09 Page 4 of 7 Agenda Item No. 78 June 23, 2009 Page 11 of 47 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single family, multi-family, duplex, mobile home and mixed-use projects. As previously noted, the subject petition seeks a variance for a single family home that is located within a single-family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the FLUM. The Gro\vth Management Plan (GMP) does 110t address indiviclual variance requests~ the Plan deals with the larger issue of the actual use. ANAL YSIS: Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold funt below), as general guidelines to assist in making their recommendation of approval 01' denial. Staff has analyzed this petition relative to these provisions and offers the follmving responses; 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 property is pie shaped \-vith the narrowest piece located on the waterfront where the proposed dock is to be loeatecl. TIle subject property at the waterfront is concavely shaped and has only 50 feet of length. In addition, the existing site conditions restrict the applicants' riparian rights. The curvature of the seawall and the intersection riparian lines restrict the mooring of the applicants' current vessel to the western side of his riparian lines. This will keep the vessel within the riparian rights of the applicant and in adequate water for safe ingress/egress to the navigatable channel. b. Are there special conditions and circumstances, which do not I'esult from the action of the applicant such as pn-existing conditions relative to the propcl'ty, whicb al'C the subjcct of the Variance I'cquest? No, the petitioner has use of the existing boat dock facility that was constructed without the need for a variance. However, the petitioner would not be able to moor a 27-foot long boat. 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. The site conditions, mentioned above, make it difficult for the applicant to moor his vessel. V A- 2008-AR-14139 Date: 3-25-09 Page 50f7 Agenda Item No. 78 June 23, 2009 Page 12 of 47 d. 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 and welfare'? Yes. The proposed clocks are the reasonable while still allO\ving for safe access for the vessel to moor within the riparian area. The variance, if approved, will result in the northern clock having a location that is 7 feet from the existing neighboring clock to the north. The applicant has stated that the reason for this dock is to allow for maintenance to both sides of the vessel. In addition, the applicant has received a letter of concurrence (attached) from the neighbor to the north. e. Will granting thc Variance confcr' on thc applicant any special privilege that is denied by these zoning r'cgulations to other lands, buildings, or structures in the same zoning distl'ict? No. Most other neighboring properties moor two vessels. This propelty can only 111001' one vessel. In addition, the applicant is requesting two docks which is the same number of docks the neighbor to the north has. f. \ViIl granting thc Variance be in harmony ,,,jth the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or other'wise detrimental to the public welfare? The proposed encroachment would have an impact only on the neighbor to the north. As previously stated, the variance, if approved, will result in one of the docks having a location that is 7 feet from the existing neighboring dock to the 1101th. However, the applicant has received a letter of concurrence (attached) from the neighbor to the north. In addition, the proposed docks \\fill have no impact to navigation in the adjacent lagoon. 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.? No. h. \Vill granting the Variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does 110t normally hear Variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. COUNTY ATTOnNEY OIi'FICI<: RRVIEW: The County Attorney Office has reviewed the staff report V A-2009-AR-14139, revised March 27,2009. VA-2008-AR-14139 Date: 3-25-09 Page 6 of 7 Agenda Item No. 78 June 23, 2009 Page 13 of 47 RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward Petition V A- 2009-AR-14 1 39, Wafapoor Boat Dock to the Board of Zoning Appeals (BZA) with a reconullendation of approval. PREPARED BY: '\ J11 &(tv(11 2J12/10fJ NANCY 0 JNOIt CE, AICP, PRINCIPAL PLAI\TNER DATE I DEP ART ~NT' F ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: I ,: ~> ) j)' ,./, ,;~~__,_ r ~ (~O ; "~;', 1. ,/:., /' ,~. "r~l"i {/, .I '\ ~.j-' ,- '-:;' "0../ ? RA YMON . 'V. BELLOWS, 'zONING MANAGER - DATE DEI' ART*1ENT OF ZONING AND LAND DEVELOPMENT REVIE'\V 'JJ..1^-/'"\ '-1)1. 1 's L"/)"-0 -'3 J z- (- /0 '1 , USAN M. ISTENES, AICP, DIRECTOR I DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: s.1.~~Cj ~'iDATE J' .' <PH K. SCHMITT, ADMINISTRATOR t9MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: V OvtJL fJJ'~c-~ MARK P. STRAIN, CHAIRMAN LI r I (., . - 0 7 DATE Attachment: Letter of Concurrence dated August 18, 2009 Tentatively scheduled for the May 26, 2009 Board of County Commissioners Meeting VA-2008-AR-14139 Date: 3.23-09 Page 7 of 8 ~ a:Jo>r-- ~ r--o"<t ~ 0 .0.... ~ .. , 00.1 0 ~ ZM"<t ~ ~ > E 0.1 ..- ~ " [) (I) (I) '(~ ~ -CO) -:::Jctl ~ ~ (1) --, 0... ~ ~ ~ ~ w ~ ' N Qj ~ ~ " W ~ Z ~ " ~ Z 0) ~ ~ W ~ Q <<: "' ~ "' " W !;( ~ f- ~ ~ ~ ~ en U w ~ ~ " 0 Z c.~ g 0 ~ ..J ~ " ~ Z "' ~ :; 0 ~ Z ~ iii ~ ~ ~l' ~ ~ " ~ ~ " g "' ~ ~ ~ ~ ~ > ~ -, 8 I !-c:: c::co > Or ~('I-\co O)\..r 3"l\f:)S Ol ..ON / - ~ >- 8 f- ~ Z c ! ~ ~ c; 15 ~ O'llOl:l lJNl11nd" HIOdtJl'I (I( .~:l) ~~ < ,".-S.lll 11\T\:l.l ''''''''!I''I't.l (.I's-n) ltVt:l.L .I"t'lllt'llltl ~> .~. ~@d z ~~~ . I ~~ .. ! ~~CIl g~d <u GULF OF MEXICO a.. <( ~ C) Z z o N 0> C') ::;: 0:: <( ;'1 0' o N , I ;g;1 '*" Z o f- f- UJ 0.. a.. <( ~ z o I- <( o o ....J ).. _i~.'",,"':.""~ ,. ~~ _,F~~~~:7::~~.:r'~ ':':.- ':': ':. Agenda Item No. 78 June 23, 2009 Page 15 of 47 TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B . Naples, Florida 34104-3732 . (239) 643-0166. Fax (239) 643-6632 January 7, 2009 Ms. Nancy Gundlach Collier County Development & Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Dr. Naples, FL 34104 VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 RE: Collier County - V mance Petition Application AppUcant: Mr. Hussein Wafapoor Pre-Application Meeting: 10/21/08 Dear Nancy, Find enclosed our Variance Petition Application for 140 Conners Avenue, Naples, FL 34108-2151. I've attached the following exhibits as requested in the application check list: · Exhibit 'A' - · Exhibit 'B' - · Exhibit 'C' - · Exhibit 'D' - · Exhibit 'E' - · Exhibit' F' - · Exhibit 'G' - · Exhibit 'H' - · Exhibit 'I' - · Exhibit' J' - · Exhibit 'K' - · Exhibit 'L' - · Exhibit 'M' - Completed application Pre-Application meeting notes Completed addressing checklist Conceptual site plan 24" x 36" and 8 ~" x 11" Survey of the property Owner I Agent Affidavit Signed & Notarized Deeds / Legal Location Map Aerial photographs showing FLUCCS Codes CD of Documents and Plans Historical surveyor waiver request Property owner advisory letter Project narrative If you have any questions or require clarifications on the content of this submittal, feel free to contact me. I can be reached by phone or email: Maxwell@Turrell-Associates.com. ;;JUMR Joshua W. Maxwell, E.I.T. Enclosures (i) Agenda Item No. 78 June 23, 2009 Page 16 of 47 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PR01ECT:2008100027 DATE: 1/21/09 DUE: 2/4/09 ] Above to be completed by staff NAME OF APPLlCANT(S) HUSSEIN WAFAPOOR ADDRESS 140 CONNERS AVE, NAPLES, FL 34108-2151 TELEPHONE # CELL # FAX # E-MAIL ADDRESS: NAME OF AGENT JOSHUA W. MAXWELL ADDRESS 3584 EXCHANGE AVE, NAPLES FL. 34104-3732 TELEPHONE # (239) 643-0166 CELL # FAX # (239) 643-6632 E-MAIL ADDRESS:MAXWELL@TURRELL-ASSOCIATES.COM hi;,!:, " ,,:. .". ;,;'g,Shi', "! !"'t ". ;;PROPERTY, I)ESCRJrnQNt'~,;.(~y(,~<.,~;:;:<.!);,i?!'\;;;!.i,~::lWf:;,;m;\!!,;y!,,,::::il Legal Description of Subject Property: Sectiontrownship/Range 29/48 S/25 E Property 1.0.#: 27630880000 Subdivision: Conner's Vanderbilt BCH EST Unit 3 Lot: 22 Block: R Metes & Bounds Description: Acreage: 0.21 Address of Subject Property <If different from Petitioner's address): Same as above. BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. Collier County Application 2008 . }- No. 78 GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANC( WIJltg ?3, 2009 THESE REGULATIONS, PagE 17 of 47 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.colliergov.netllndex.aspx?paie= 774 NAME OF HOMEOWNER ASSOCIATION: VANDERBILT BEACH PROPERlY OWNERS ASSOCIATION MAILING ADDRESS P.O. BOX 771330 CITY NAPLES STATE FL ZIP 34107-1330 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 ~ttSE~\?f}i, fi; Zoning Land Use N RSF-3 5 RSF-3 E W Single Family Waterfront Residential Single Family Waterfront Residential Vanderbilt Waterway Conners AVE Minimum Yard Requirements for Subiect Property: Front: N/A Side: 7.5' Corner Lot: Yes 0 No 181 Waterfront Lot: Yes 181 No 0 Rear: N/A I I Collier County Application 2008 2 Agenda Item No. 7B ,2009 BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES~~ 8 of 47 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) IMMEDIATELY. 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 IS'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detaUed description of site alterations, including any dredging and filling. We are requesting a variance from the LDC, Code S.03.00-E-6 requires a 7.5 ft. setback for dock facilities. The proposed setback has been reduced to 0 ft. to allow the mooring of the applicants vessel. The proposed project site is located at 140 Conners Ave, Naples, FL 34108-2151 on Vanderbilt Lagoon. The site is more specifically located in Section 29, Township 48 South, Range 25 East of the Naples South, Florida, and United States Geological Survey 7.S-minute series quadrangle map. (Latitude 26. deg. 16' 02.42" N and longitude 81 deg. 49' 21 .79" W) The proposed dock will protrude into the waterway 30 ft, which maintains a safe distance from the navigable waterway. The applicant is requesting a Boat Dock Extension to cover the additional 10ft that is beyolld the allowed 20 ft protrusion from MHWl which is the seawall. The dock will contain one boat lift and provide safe travel to and from the uplands. The over water square footage is proposed to be approximately 195 sq. ft. Please note that staff and the Collier County Planning C0mmission shall be guided in their recommendation to the Board of zoning Appeals. and that the Board of zoning appeals shall be guided in its detennination to approve or deny a variance petition by the below listed criteria (1-8). (Please address these criteria using additional pages if necessary.) I. 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 existing site conditions restrict the applicant's riparian rights. The curvature of the seawall and the intersecting riparian lines restrict the mooring of the applican'ts current vessel to the Eastern side of his riparian lines. This will keep the vessel within the riparian rights of the applicant and in adequate water for safe ingress/egress to the navigatable channel. 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. Yes, we have proposed a deisign that will require a variance from the LDC, chapter 5.03.00-E-6. Without a variance the applicant will not be able to moor his boat at his property. The location of this lot with respect to the waterront creates a restrictive riparian access. The adjacent neighbor to the north east has the same situation and is in agreement with this variance request. Collier County Application 2008 3 Aoend51ltem No. 78 3. Will a literal interpretation of the provIsIons of this zoning code work unnecessary and"' un9l:Jf\e 23, 2009 hardship on the applicant or create practical difficulties on the applicant. Page 19 of 47 Yes, the zoning code requires a 7.5 ft setback for shorelines with less than 60 ft of shoreline. The onsite conditions, meantioned above, make it near impossible to moor the clients vessel with out obtaining a variance from the County's riparian setbacks. 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, the proposed dock has been minimized to the extent possible, while allowing safe access for the vessel to moor with the riparian area of the applicant. 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, the proposed variance would only allow the applicant a dock functional for one vessel. Most neighboring properties are able to moor two vessels without a variance. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to' the neighborhood, or otherwise detrimental to the public welfare. The dock will not be injurious to the neighborhood or public. The structure is recessed into a small lagoon therefore will not interfere with any vessel navigation within the neighboring area. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. 8. Will granting the variante be consistent with the growth management plan. Yes, the docking design has been modified to reduce the over water square footage of the proposed structure. Along with minimizing the over water area, we have the concent of the only neighbor who may be affected by the porpoised dock structure. . Therefore, it is our interpretation that the variance will be consistent with the growth management plan. 9. Official Interpretations or Zoninfi!' Verifications: To your knowledge. has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes r8J No If so, please provide copies. Collier County Application 2008 4 VARIANCE PETITION (VA) APPLICATION SUBMnTALCHECKUST Agenda Item No. 78 June 23, 2009 Page 20 of 47 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. #OF REQUIREMENTS COPIES REQUIRED 15 X 15 [8J I X 15 1 [8J I [8J 2 I 5 [8J I [8J I t8I 3 0 I X NOTE: INCOMPLETE SUMBITTALS WIU NOT BE ACCEPTED. NOT REQUIRED o o o [8J FEES: o Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre- app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: [gI $2.000.00 Residential o $5.000.00 Non-Residential o $2.000.00 Sign Variance o After-The-Fact Zoning/Land Use Petitions 2x the normal petition fee [8J $760.00 Estimated Legal Advertising Fee - CCPC Meeting [8J $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2,500.00 EIS Review o $1.000.00 Listed Species Survey (If EIS is not required) OTHER REQUIREMENTS: [gJ Proiect Narative (15 Copies) D_ D_ Collier County Application 2008 5 j2-t~ IN ~ A tlOwner Signature Collier County Application 2008 ~""'7 Date Agenda Item No. 78 June 23,2009 Page 21 of 47 6 (i) .'0.... Agenda Item No. 7B June 23, 2009 2800 NORTH HORSESHOE DRIVE Page 22 of 47 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & lAND DEVELOPMENT REVIEW .wwW..cOLlIERGOV.NET -~--~- VARIANCE PETITION ~Dimensional VA-2009 -AR-14139 ----- WAFAPOOR So REV: 1 PROlE AT DOCK CT:2008100027 DA TE: 1/21/09 DUE: 2/4/09 Date: PRE-APPLICATION MEETING NOTES * & SUBMITTAL CHECKLIST Z<30 Projed Name: Projed Addrflocation: Applicant Name: \J Firm: -=rwaeU ~ Ifr/t~ . Current ZOning:-BsF - 3 . owne'Name'~ ~ ~~ Owner Address: "0 .'. r ' ~ L J CB 3v/{o0 Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: l ~C;U;~ · If telephone pre-application meeting is held, direct the petitioner to coordinate with Linda concerning the requirement for the petitioner to send the notice letter to the surrounding property owners or to give them that information that Linda typically provides them ~~ -., -7 ......0.... ""---.....-. ! V ARIANC! PETITION (VA) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 78 9 Page 23 of 7 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ", Completed Application (download from websit. for current form) 15 /). Pre-ADDlication meeting notes 15 X. ComDleted Addressing Checklist, Signed by Addressing Department 1 )< J'> Conceptual Site Plan 24" x 36" and one 8 Y2 II x 11" copy 15 ')r Survey of property showing the encroachment (measured in feet) 1 " Ownerf Agent Affidavit signed & notarized 1 ....;. ..a Deeds/Legal's 2 ~ Location map 1 J Aerial photographs (taken within the previoLls 1 2 months min. scaled 5 y..~ 1"=200'), showing FLUCCS Codes, legend, and project boundary Elec:tronic copy of 011 docLlments ond plans (CDROM or Diskette) 1 X Historical Surveyor waiver request 1 ^ Environmental Impact Statement (EIS) and digital/elec:tronic copy of 'f EIS or exemption justification 3 Within 30doys after recelDt of the first review comment letter. 1 ;< provi'de ProDerty Owner Advisory Letter and Certification ~ EiProiect Narrative lS V ./ "' 0 Send copy of review package to Robin Singer, Planning Director, City of Naples 29SRiverside Circle, Naples, Fl 34102 FEES: o Pre-application Fee $500.00 (Applicati~ns submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: ijO $2000.00 Residential $5000.00 Non-Residential ~ After- The-fact Zoning/Land Use Petitions 2x the normal petition fee $760.00 Estimated legal Advertising Fee - CCPC Meeting $363.00 Estimated legal Advertising Fee - BCe Meeting . (over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily News). o $2500.00 EIS Review tJI A OTHER REQUIREMENTS: rJ o ~~~f# ent/Owner S;gnatu 10 -1.l- oc(( Date 2 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. Agenda Item ~~o. 78 June 23, 2009 Page 24 of 47 "Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. " Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. 3 -+ 'oJ co r--. t r--. "<j" tn ::l - ~ 0 tn .. )L{) CD 1&1 ~-.~ . \J 0.1 os: ClIC .ill (I) CD Q oj OJ ClIC Q C'O l C'O 0... - ~ \l.; u C c: CD ... (I) - \ OJ E ~ ~ <C a. :e -...::::.. 0 . '\. "ii 1&1 ~ 3 > <: CD - :s Q CD ~ -a '= If> C > a 0 ... ai::: olS 1&1 a:a en :e J' ~ .: () ;:) " c Z ~ 00 0 N III >C ". - Z ~ 0 O' ~ & - :c ('\ c CD ICLo (U [-( E ~ . r-l 'C u ~ a c as a. 0 ~ CD C == Q ~ ~ a1 <:> r:IJ ! ~ ... :> ~ -a ICLo e ,. -a III N U < Q ~ = - -.... Z .- 0 Z co ."- .~ :E 0 :E i:i c::L. I in lD W ai::: tn -< tij - - 'S;: ~ u. e l> Q .. <:) 0 0 0 ~ ~ "C <( cO Z 0 ~ ;:) 0 ti ..c 0 CIJ U V '6 0 c -a :::J :) ~ C> c ll:I' (U z co , u ~ tu c N C I W Z C"') ::r: 0 ~ ...- en .....> ~ ,. ~ a:: ()\ ~ Z III "" (!) Z C"') ! U5 Z N III \r' - ~ IS II) <( .. :E ~ 'E II) lD ... ..a < E ICLo ~ , E z J J :::J 0 Q 0 III ;:) 0 Z Z " '" ~ C> CD :l - lD C /- ...s ~ c in 1I) 0 .... ~V; 52 tn ..c \~ Ii.: <( ICLo COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT (i) Agenda Item No. 78 June 23, 2009 2800 NORTH HORSESR~~1~7 NAPLES, FLORIDA 34104 :- "'.:~~~~;:~:':;>;:"~t:::~"":;:~;:): , :. "-,-": >,""c."'AD' D' R" ES SIN'G' C H" E'CK"L'" ST"';h,;.",.>."",,", .:.~-~!:,>:~~'<,~:,i'~,3::~;,!:::~~~_.(~~~st.~,~-~:.. _ '. ',,_ ., - _ ',. _ ,Ji!j:i;~~ " . ~ '> >' ".' '- ,", __.,~_.:~.:" - -:':'-~-.-_"~-"",f""-,, -,~ '; ';'" ,.;.~.:_t,;? :;''oI'~~';;'';''j.: c...:..~~J'>>..::.":-::~,~(,\'. .:'.,:';" :~'-:.^' "'(;;?h'l_ ,:t:','.~..,4!i; Please complete the following and fax to the Addressing Department at 239-252-5724 or submit in person to the Addressing Department at the above address. Form must be siQned bv Address;na personnel prior to ore-application meetina. Dlease allow 3 days for Drocesslna. Not all items will apply to every project. Items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (check petition type below, complete a separate Addressing Checklist for each Petition Type) o BL (Blasting Permit) o BD (Boat Dock Extension) o CarnivaUCircus Permit o CU (Conditional Use) o EXP (Excavation Permit) o FP (Final Plat . 0 LLA (Lot Line Adjustment) o PNC (Project Nam~ Change) o PPL (Plans 8. Plat Review) o PSP (Preliminary Subdivision Plat) o PUD Rezone o RZ (Standard Rezone) o SOP (Site Development Plan) o SDPA (SOP Amendment) o SDPI (Insubstantial Change to SOP) o SIP (Site Improvement Plan) o SIPI (Insubstantial Change to SIP) o SNR (Street Name Change) o SNC (Street Name Change - Unplatted) o TOR (Transfer of Development Rights) ~ VA (Variance) " o VRP (Vegetation Removal Permit) . ' o VRSFP (Vegetation Removal 8. Site Fill Permit) o OTHER . LEGAL DESCRIPTION of subject property or properties (copy oflengthy description may be attached) CONNERS VANDERBILT BCH EST R UNIT 3 BLK , LOT 22 FOLIO (Property 10) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 27630880000 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 140 CONNERS AVE NAPLES, FL. 34108 · LOCATION MAP must be attached showing exact location of projecVsite in relation to nearest public road right-of-way · SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) N/A PROPOSED STREET NAMES (if applicable) N/A SITE DEVELOPMENT PLAN NUMBER (for eXisting projects/sites only) SDPN/A - N/A or AR # N/A VA.2009 -AR.14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 Agenda Item No. 78 June 23, 2009 Page 27 of 47 Page 1 of 2 ADDRESSING CHECKLIST. PAGE TVVO Project or development names proposed for, or already appearing in. condominium documents (if application; indicate whether proposed or existing) N/A Please Check One: . Checklist is to be Faxed back gPersonally Picked Up APPLICANT NAME: HUSSEIN WAFAPOOR PHONE FAX (239) 643-6632 Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY Primary Number ~ ~31 e, \ddress Number I" "3 ~5.<n (t\1:)~ Address Number, Address Number APProVed~~1 Updated by: Date: \0 - ~l .a~ Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of2 G:\Current'Application Forms\Addressing Checklist rev June08.doc >- a~ i= .~~. c~ I!t- ~~@lS ~ ~,. c,~C\I zi!~ c~@ii ~ '. , C\I CMZ ~< o::~ UI - III o::~ zo:: ~ffot-15> !: 8'"' g", W " 0 __zw><"'OZ ::'2 ., ~- ~ q:81?~ a Q) a:g~ ~'" WW U :J) () IIIZ ~~3~ - ~ 0..... !: z. ... t u () 0 ~ U en ~ I ~ .. ill a: ~ 5~.~ lS ~~m;o ~ a:o~~ll UI 2~ff~~ ~ ~~~ ~ ! H~o&1 z ,,~w2~~ ~ j!: '" - .. "'....lXW Wen ~ >-i;;i!'~S! , ~UI ~ ~!~i~~ ~~ ~ ~$2i~~;5 i'j!l ~~~CD~CI) 1=0 ....CJtilSza <'lilj U:?::i~ ~... ::50~~1t ffi~o ~~~il1!.-- 0 rro~o~S < ~~~~iiS ~~ &Ii ~ ~i~e ~(Q ~e i r!. w!<~ig ~l5 _ i~ z.. o~ I!' ~i ~ ~ "'mti 0 8 ~~ ~g [~~~~i w ~ i~ I;i~; b",g. 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(1). c\ -I- "'c\ -I- tS>. ., 'f- .c. ., i- o. ., .,. <. ., i- Agenda Item No. 78 .June 23. 2009 Page 30 of 47 (i) AFFIDAVIT Well, Hussein Wafapoor being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the praposed hearing; that 0/1 the answers to the questions in this application. including the disclosure of interest information. all sketches, dato. and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form. whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property ownerf./I rthe,r authorize}oshua W. Maxwell afTurrell. Hall and Associates INC. to act as ourlmy representative in a matters regarding this Petition. W~ ~ Signature of F'rt5pertyOwner Signature of Property Owner Hussein Wafapoor Typed or Printed Name of Owner Typed or Printed Name of Owner as State of Florida County of Collier te of Florida) otary Public) ..~:':Mo.-, CANDY R SCHMITZ ~. l''1to' {.; 'A MY COMMISSION # 00626672 -', : EXPIRES September 29.2012 ~"'-IlI~" .," (407) *.Q153 FIQrid8NoUIlySerllcD com Collier County Application 2008 VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 7 TWlI.........' Pnpared By: DODald K. Ro.., Jr. f g.quire Ro.., Lanier , Deif:Llc. PA 519 Ninth Street N., 300 Naple., FL 34102 Aqenda Item No. 78 4091417 OR: 4299 PG: - 021lme 23,2009 DCOIDID ia OllrClIJ. BCOIDS of com II ~~Rge 31 of 47 11/05/Z001 It U:UU DYIlilIT I. 110<:1, CUD COD In4lOt. Of DC m 11. SO DOC-. TO 12l SUO Reta: lOSS !It'L1 , UCIOI llC m ,n nul! I '300 IULII lL m 02 hralIDN....r: 27630880000 Warranty Deed Tbia Indenture, Made this ?-" day of Gilber~ A. Guerra and B1ianne October , 2007 A.D.. II. Guerra, hullband and wife Between 01 lhc County of Lee . Stale of I'lorida Bu..ein Wafapoor and Karia B. Santiago, husband and wife . grantors, IIId ............. iI: 140 Conner. Avenue, Nap];e., n. 34108 or \be COUIIIy of Collier ,SlIlc of Florida ,grantees. Wlhleuetb lhlIIlbc: GRANTORS. for..d in .....idcratioa of &he IlIlD of ------------------------rBN DOLLARS ($10)---------------------__ DOLU~. IIId ather JOOd Illd valuable coosidmlion 10 GRANTORS in boml paid by GRANTEES. the receip! wIlmof is hc:n:b, ackDowJo:dpd. "- ..-L borpincd and sold 10 lhc s.id GRANTEES and GRANTEES' bein. successors and lSJ'em fOl'C'Yct. the followin. described land. silulle. 1yiq....bcift&inlhcCountyof Collier S1&1e of I'lorida 10 wi!: I,c)t 22, Block a, Unit No. Beach g.tates, &CClorclinq to the pl. t the 3, Page 81, of the PubliCI Reoorcia of Col n nt dCC' 0 tan...n ts , ywi.e apper TO SAW AND TO BOLD, th 1i in , 'P :>-. 'l'he Grantor hereby coven ts that Grantor i. ladully .eilled of .aid la .iJDple; that Grantor ha. Clood riClht and ladul authority to .ell and convey said land; that GrantoJ: hereby fully warrant. the title to .aid land and will def'end the .... aqain.t the lawful cla~ of all p.rsons whomsoever; and that .aid land i. fr.e of all .ncumbrance. except re.triction. and .a....nt. ~D t.o the sWxiivi.ion, out.tanc!ing 011, ga., and mineral int:e1'esu of record, if any, and ad valorem real estata taxe. for the cw:n.Dt year and .ubaequent year.. 1ftuuuiver used the partie.' and a..iqn. of co~ration.). "Grantee" include all leqal repn.sentaUves sora anel ...igns of 'l'OGI:~UiI\ wi th all then.t.o belonging or and appurtenances VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 Md the F8ftIOn do hereby full)' warrlll1 II1c !Il1e 10 said land, IIld will defend lhe nme ..Iinsl Ilwf'" <Iaims of all pomons whom.socvcr. Luer GaIenIedbfO DiIIUt 5,.-..... 2007 (1611 16}.~H~ Fonn f1..'A'D-2 Warranty Deed. P.ce 1 P1IneIID N_1ler: 21630880000 Aoenda Item No. 78 ttt OR: 4299 PG: 0235 vltA'-~ 23,2009 Page 32 of 47 ell Whereof,1hc pmlDn ...~ bcrcuato SCI 1hcir hmcIs ODd scaIs the doy IIId ".,.. lint lIbow writla. i rt Guerra P.D, AddIaa: ., r.rw.It DrIve, NerdI F_ M,..n. n.JJ90J b-l;:~H;U r~ A'pprrKJ Elianne N. Guerra P.D, Addrea: 421' [1'1...... Drin. N_ Fwt M~ n. JJ90J (Se.!) (Seal) Sl'ATE OF A.!9P.~ COUNTY O~Oll \ er no ........ iIolnaDan wu ocIaIowledpd bcrOR IDe IhiI J. 'l day or October Gilbert A. Guerra and J:lianne N. Guerra, husband and vire ... _...-JIy IaIowa II> me IX' wbo haw produc:cd 1hcir d...A. ~ .J~r . c.; c ~ Y) ~ 'u __lIaIiaa. ~ _ ./ -- . -/I -/ ,~ ~ r.intecl N...: / ~ - 't&ry Public ER Expires: ,2001 by /~:~~ JNETL.1ClCEIlSON g.: . t!:..~ /If CClMIoIISSOl, 00 425005 ~.. .' . EXPlIlEs: ....10. ..,~_.. 1cn:aII".,.....,PwlK 111323 L.uero..r..c~C~SJII-'lec. 2007 cl6))'H)-"n f_Ft.WD-2 ,j 0> 1'-; 1 r g:::., ~, o-~~c_ ~~.~_. ..;.-'!- _........'_.A..." 5<:0 . ." <:0 . (l)0'l ,c C\l ~o... ; ! .-.:.-- .~ ,~. -""-.' '.... - '''--. ,- --'..-1 j ; :10 111m:i30NV'A ~ , ;>, :> ~L >- J'. A'"!' ___~, "_'.~",~~ ..i't" t.- .1'" t~ .~:.:1- ! _ ~ :~ .E' :'5,1 t; 0' ~-;a3 '"~.; J~.;-?"'i-1 j'1 , Q.J - :...:.i .....".. _.' " ""g, i-- , ~c+=~. r:1 ' .~ l ..,. ( C - " o .J U. U. o UJ J- ~ rJ) , 'i~:., (1).1 ~.,; >-It UJ lit:: W III l\l I W o ~ ~ z !i~~g . l!5 g ~ Q ~ ~ U o o ';;:::e!;~ ~+';E~ C! ~ I,,,,: 0 5 'i'~'~ 0 ~ ~~'" a. 9 !1f2" ~~~ ( ~" ~~ lL W ~~ :' U_I~ ~ flU ifU -< I:~ ~~~~ d!otd!!~ =~f~ ~~&1J E- .~.~ J t., 'fl l CIl III 'It Q. I CIl z ~ o ... ~ U o Q ~ ~ :aE o ~ o ~ a. LL <{ U. ~ dbO~~ .El~~~ cA'~-~ ~u~o;- ._ _ ti a ~ajfM <~l ~g<>::l~ -';.:.~q , eaJj",,~ ::t:::cld~O;- ....... < ~ 7j.5 j ~ ~~<>I E-< &3 ;;;!; ^, ~ ~ .j Agenda Item No. 78 June 23. 2009 TURRELL, HALL & ASSOCIA TE~,agINC~ MARiNE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue. Suite B . Naples, Florida 34104-3732. (239) 643-0166 · Fax (239) 643-6632 December 30. 2008 RE: Exhibit 'K' Historical Surveyor Waiver Request Wafapooor Variance Petition 140 Conners AVE Naples, FL 34108 A Historical Survey or Waiver Request is not required for this Variance Petition. This is per a phone conversation with the Collier County Assigned Planner. Nancy Gundlach, on Tuesday December 30.2008. It was determined that the proposed construction activity at 140 Conners AVE. Naples. FL 34108 is in an area that has been dredged and filled in the past, th~refore it is not expected to contain any historically significant items. VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. Agenda Item No. 78 June 23,2009 Page 36 of 47 '~ny applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. n Applicant must submit a Property Owner Advisory Letter certifying that the prope.rty owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. 3 Agenda Item No. 7B June 23, 2009 TURRELL, HALL & ASSOCIATE8;I1\fC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue, Suite B . Naples, Florida 34104-3732. (239) 643-0166 . Fax (239) 643-6632 January 7, 2009 RE: Project Narative Collier County - Variance Petition Applicant: Mr. Hussein Wafapoor Pre-Application Meeting: 10/21/08 We are requesting a variance from the LDC, Code 5.03.00-E-6 requires a 7.5 ft. setback for dock facilities. The proposed setback has been reduced to 0 ft. to allow the mooring of the applicants vessel. The proposed project site is located at 140 Conners Ave, Naples, FL 34108-2151 on Vanderbilt Lagoon. The site is mo!e specifically located in Section 29, Township 48 South, Range 25 East of the Naples South~ Florida, 'and United States Geological Survey 7.S-minute series quadrangle map. (Latitude 26 deg. 16' 02.42" N and Longitude 81 deg. 49' 21.79" W) . The proposed dock will protrude 'into the waterway 30 ft, which maintains a safe distance from the navigable waterway. The applicant is requesting a Boat Dock Extension to cover the additional 10 ft that is beyond the allowed 20 ft protrusion from MHWL which is the seawall. The dock will contain one boat lift and provide safe travel to and from the uplands. The over water square footage is proposed to be approximately 195 sq. ft. VA-2009 -AR-14139 REV: 1 WAFAPOOR BOAT DOCK PROJECT: 2008100027 DATE: 1/21/09 DUE: 2/4/09 Agenda Item No. 78 June 23, 2009 Page 38 of 47 RESOLUTION- 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2009-AR-14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 3.0 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.6 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Rev. 5/4/09 10f2 Agenda Item No. 78 June 23,2009 Page 39 of 47 Petition Number V A-2009-AR-14139 filed by Joshua Maxwell of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 22, Block R, Unit No.3, Conner's Vanderbilt Beach Estates, according to the plat thereof recorded in Plat Book 3, Page 89, as described in Plat Book 4299, Page 0234, Public Records of Collier County, Florida Folio No. 27630880000 be and the same hereby is approved for a variance to permit a reduced side yard setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 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: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney s;r-o 1 Rev. 5/4/09 20f2 , ,\. ""\"\'\~'0~ """~' :lC ", '\', '\, \, ""\," ~,I- U \, '\ ' \', " "~"z 0 , '" '- """, .WC " \'<'\\'~~<'\\. ~ 8 '~~>~V ~~ " ,,'\.. / ! /\. \ '\. \,/ .,/, \, \ '\ \. " ", )' w/ ". , \, \.,' '\ " "-,__ ..".Y U '-" '- \.. " \, " \, ,), /2 '>t., \, , > ,,\.. " '\ ,/7 -< ,~ ~ ',\., /y \, \ \'",y ~'" ,~1Il ,7 '\, '\V ~ " >t;:> , " y " '\,~ ",' '\)/ ,\'\\.'<1'(.0) \,' '\ \, viTI ~ ..... ",J/"'\., '\ '\ ~/ (I) '" \., ' ,-"', ", \u \ '/ 0 Z ',,','~ //\ '\, "'~" ~y 0.0 5> '.' A,\',,-,~ ~ ',..1 .-\, ,,'. \, \~ g: ~ . \. ~-~/ \, '-, '/~ '<, \ '~, <~,,\,V ~ , \', \' \ , \, "a:l \,~/ !!: '- " '-, \. ". '\ I- / . c::: .. ',' " \ '\. \ Llt 1 / . ','- ',~,W '\ ,'\, '." ' Y I- ' /- ,~'" '. \, '\ \/ u.. . 0 /" , " , '"' It) 0 /i ,,,''>'. l")^-- ", '" // I'- / // m) -! ,'\,\ . 'I ~! " ~",\ ' ' ~ '\ ~" ~,\ ", .\ w (,) z <( oc ~ !/l >' '" ~ ~ 0 ~ () 0 0 <( C! I- 0 m - ::I: 0 >< w a. <( Ll ~ -' ::-- -'0 ;$0 > II LL.3: O..J W:2 Uo <(z LL.<( 1-- ::::l(Cl 1Il""; <( + 3: II -'3: :2r 0/1:2 3:~ r :2 :.:: u i:S I- W (J) I- U. It) I'- >- c::: ~ o z ::;) o III >- l- e:: UJ 0. o e:: 0. w::-- 1-0 w~ e:: + U II. z> ow u..J w w~ 0-' - ..J ~~ ~~ '" P:1Oe17 Wapeloor 00cl<lOrawingo"""_10Awg 0 III ~ 0 :;: ll. " W 0 '" III ll. t'\I , uJ W :::; <( '" uJ Z W ..J '" W <( <( J: U 0- W U) i fI) lZ tI) . ~ ~ D. ~ 9 i: 5? fI) Z ~ ~ ~ ~ ~ Z o ci i= z 0 co W !; fI) ~ () o o o UJ Cf ( a. o 0::: a. . QD iI""ooI N ~.~ ~~ _-a~; "'-' a-"" .88;3iO;- .=s! ti a ~i 11" ~ <~! e ':8 ~.~ ~9 -s::!'3.., C;;~<'-l:$ :::I::dd~O;- -0 <rJ ~'~fi ~::i: ~ 5: Eo- ~ ~~ .1 Agenda Item No. 78 June 23, 2009 Page 41 of 47 Raleigh Carpenter PMB 227 1245 Farmington Avenue West Hartford, CT 06107 April 11, 2009 Via E-mail Ms. Ashley Caserta AshleyCaserta@Colliergov.net Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Petition V A-2009-AR-14139 Petition for side yard setback of zero feet for a dock Property at 140 Conners A venue From: Raleigh Carpenter, Trustee Jean E. Carpenter Revocable Investment Trust Property at 123 Conners A venue, Naples, FL Dear Ms Caserta: As trustee for the property at 123 Conners Avenue, I do not advocate or support a policy or variance of zero side yard setback for new construction. The property at 123 Conners Avenue is adjacent to 140 Conners, to the South. Thank you for considering this comment. Sincerely; Raleigh Carpenter, Trustee cc: Joshua W. Maxwell, EJ. T. Maxwell@turrell-associates.com Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Ste B Naples, FL 34104-3732 ~ ~ (..AJLl,e'v C....OU.J'lt}, AGenda Item No. 78 ~ ~Iune 23, 2009 Page 42 of 47 .,.<It..... ~~-::..'-:-c_ . Community Development & Environmental Services Division Zoning & Land Development Review RECEI\lFIJ APR-1 2009 March 27, 2009 Dear Property Owner: This is to advise you that because you may have interest in the proceedings or you own property located within SOO feet of the following described property and. that a public hearing will be held by the Collier County Planning Commission of Collier County, Florida. at 8:30 AM., Thtmlday. April ]6. 2009, in the Board of County Commissioners Meeting Room, 3nl Floor, Administration Building. County Government Center, 3301 East Tamiami Trail Naples, Florida, to consider: P~tion: VA-2009-AR-14U9. Hussein Wafapoor-represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a variance from Section 5.03.06 E.6. to reduce a required side yard setback of7.S feet for a dock facility to 0 feet. The subject property is louted at }49 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. You are invited to appear and be beard at the public hearing. You may also submit your comments in writing. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM INDNIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZA nON OR GROUP ARE ENCOURAGED AND MAY BE ALLOlTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WlSHING TO HAVE WRllTEN OR GRAPillC MATERIALS INCLUDED TN TIlE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARJNG. IN ANY CASE, WRlTIEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPe SHALL BE SUBMITTED TO TIlE COUNTY STAFF MEMBER NOTED BELOW, A MINIMUM OF SEVEN DAYS PRIOR TO TIlE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a vcroatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This petition application development plans andlor master plan if applicable, and other pertinent information related to !his~tition~ kepton file and may be re~~ed at ~peyeloP:m.eDt~ces Center located at the address listed . '. above. Please contact me at (239) 252-2484 to set up an appointment if you wiSh to review theflle. .,. --'- ----- Sincerely, . b, I~~NO OB ~.C'("OJl' NGIhr ~j...",.", ,~'",",,\.'. .:',,\~}., '.,' ",C.,,,,"'- , '-.. ., . r~ ~~~. -.. Mr Henry Reiner ~ 141 Conners Ave ...!.:........I Naples FL 34108-2172 2800 North Horseshoe Drive. Naples, FL 34104. 239-252-2400 . Fax 239-643-6968. www.colliergov.net TO: File No.: FROM: Agenda Item No. 78 June 23, 2009 Page 43 of 47 LETTER OF CONCURRENCE FOR SETBACK WAIVER Mr. Hussein Wafapoor 140 Conners AVE Naples. FL 34108-2151 ( owner/applicant) (address of project) Mr. & Mrs. Jeffrev Zieoler 1 52 Conners AVE Naples. FL 34108 (adjacent property owner) Section 18-21.004(3)(d), Florida Administrative Code, provides: Except as provided herein, all structures, including mooring pilings, breakwaters, jetties and groins, and activities must be set back a minimum of 25 feet inside the applicant's riparian rights lines. Marginal docks, however, must be set back a minimum of 10 feet. Exceptions to the setbacks are: private residential single-family docks or piers associated with a parcel that has a shoreline frontage of less than 65 feet. where portions of such structures are located between riparian lines less than 65 feet apart, or where such structure is shared by two adjacent single-family parcels; utility lines; bulkheads, seawalls, riprap or similar shoreline protection structures located along the shoreline; structures and activities previously authorized by the Board; structures and activities built or occurring prior to any requirement for Board authorization; when a letter of concurrence is obtained from the affected adjacent upland riparian owner; or when the Board determines that locating any portion of the structure or activ.ty withjn the setback area is necessary to avoid or minimize adverse impacts to natural resources. I hereby state that I am the owner of the adjacent upland riparian property located to the (north I south / east I west) of the facility or activity proposed to be constructed or conducted by Mr. Hussein Wafapoor (the applicant), as shown in the above referenced file (and on the attached drawing). I understand that the subject project will be located entirely within the applicant's riparian rights area, and I do not object to the proposed structure or activity being located within the area required as a setback distance from the common riparian rights line, as required by Chapter 18-21.004(3)(d), F.A.C. This file shows the structure will be located entirely within the applicant's riparian rights area and within -L feet of the common riparian rights line between our parcels. ~y., IJ '., , \ / I ,J ,/" ./" ,~/ '" - ....', --1' " /1 ,. '-- /". - (OriginGl1 si99ifu~e of.kdjacent owner) . / !/' -/. . /\ .'j - /? / . (If>1 'J - I ..: C/.'- (Printe3,hame of ad~afent owner) This form is not adopted by rule; therefore, any Jetter of concurrence of similar content may be accepted. /'\ (7." (1/30/03) rf /- . /- "~~ ~II J .. / '" I' .,,...' ./ A. . / ~ .~ .sPate signed) Agenda Item No. 78 June 23, 2009 Page 44 of 47 LETTER OF CONCURRENCE FOR SETBACK WAIVER PAGE 2 - DRAWING, SKETCH, OR SURVEY OF PROPOSED DOCK LOCATION ~ """ ~_. .'-'-~"'''! :. I j I J .., -i i ~ 5- ': ~I' "I 'f .b..." ,.".t j,':= ~ r f.>= f! f~~ I ;J '-... f __...--- -~___ Z.' ~; .r;:" t .... _... ~ ~ ~ ~ I ~'/'_/-: '~~"~~~'\'~::-;:~ ::-.~,:,.. f.l:. .F.~-.:'~. ; / ,,<.z,~~;~~~.~~\\~~.};Y/>-~~ . .~;-: //. --1" f;'~''/ "'''<~:'~~'<'~'::-''''''.''~,':~:\'~';~:~. ,,~.\.;~;"KI.. .// "..';;.~' ~ ,/ ':~~~~~~,~~~~~~~0.W"~'~'...r~\ ///.~.~.,~.. " ,,' '- '-, '\ '. ,'..'.'\.. .;.,... ~., /' "\ ... ...<. '.',' " '\ "\'....,'\......t<,\-\'\.\\..,\-...,\~'....... "".' ~ ..' .... ',"'\' I ' , '\, .".~.."-,~~,>,\,',,','.\.>:l~..~\.,,\ ~"', / ~{":'<"\\;' ", . " I -"., ",\>:\,~.>:\ '.>.y.",..<~ ;'-:-'. --- c ..../ .<..\\.'.y / \ Y ,r t ",::~~~:<<::,~"';~;~:.' ~,//!t",..., "~--'-~~r~:).'_"';~:':~~~:<~Y/ /~ \, " /.....).y >, . """,? / \ f"//' ", <;>' ,/ "'//'~/~::~';>Y'/' \ > <,/', ~.' '. ",'. ',..:< '.""""". ./ ' ; ...... ~ .'~/;'/~,<~,.'/" , ..-" I, '0 "'r'! r ..- 'l:;:>:<> /' (. " 5 iJ ;:~ . // >~i~,'>:><// \ "tJ 0 c " 'o!", "".', y / I S; '''\ ' . ><:~.)!\ / II r:1 0 Y:" ::~~ :>.~ o ;_ ./ \,/ :. 8 JJ <.. ' . o ,.-, 0 i o () r:---1 I;;; , ,.: 1 I ~ ": .::..' I,"';': ":.1 :!! ~ .; i f', 'l;" .....-r.: I.. 1': '~.'.' - \'~, .:, ~ 1~h f. ",' u.....,J . ~ A ~ :; ~ : : .;;, :j:!: ~ ~'~~ ~ i 2 ~ t ~ ~ ~ ; 3~ .. ,.-.. .... 'f .., - l" .. .. ." L 1 .. .l ~\ ~ i::' ~ 7 ~ :~ ! ~ -. ',T T~";- ~g=-t~co!!S~~~ " ~' .~ ~~~~~~~~}~f, b ~ i~ .i ~ ~' ~ :;::; ~ ;- j~~~mmW 5 ::::::~f"~:~'; It~1~i~i , - -<, /J ./ / ., ,/ t ! ( I I' f: t. r~ r: i " I ! , f I I , I I j '~:j: 01' :-l t'...:;.. ~,>~-=:'..:~ ..':r"r ',' . .~ .P: '1 I I I i , j I I I j , ~~ ~\ / '/ I /" "~..J. v ,,-. ~- ";- ) (-.......~~ \ )1 }(Initials of adjacent owner) r / / JI \,.,0 (Date) -- , J; Agenda Item No. 78 April~t~e2~~ how it should read. To the riparian line. Which is -- riparian lines are lines drawn in the water that aren't, you know, basically in stone as you were talking about earlier. So the variance should read a zero setback to the southen1 riparian line, as opposed to side yard setback. COMMISSIONER SCHIFFER: I know riparian line is a line in water, a property line is a line in the woods. I mean, they're all invisible, we don't see any of them. But anyway, that's my point is that I really think we should focus on what the variance is and whether we want to do that. If we want to do that, then we can go back froIn the top. MR. SCOFIELD: Again, if I were here today to just permit the existing dock, I'd be asking for the same thing, because it comes right to that riparian line. CHAIRMAN STRAIN: Okay, let me suggest something then. We're considering a zero setback to the riparian line -- to the south riparian line for the dock only. And we're considering a four and a half variance (sic) to the north riparian line for the boatlift only. Is that a good sumlnary? COMMISSIONER CARON: Dh-huh. CHAIRMAN STRAIN: Okay, does anybody have any further discussion on the variance aspects of this case? _ (No response.) CHAIRMAN STRAIN: If not, is there a Inotion regarding the variance aspects of this case froln anybody? COMMISSIONER MURRAY: I'll 1110ve -- CHAIRMAN STRAIN: Mr. MUITay? COMMISSIONER MURRAY: -- approval of the variance as outlined just now. CHAlRMAN STRAIN: Is there a second? COMMISSIONER VIGLIOTTI: I'll second. CHAIRMAN STRAIN: Mr. Vigliotti seconded. Motion's been made to approve, motion's been seconded for the Page 59 Agenda Item No. 78 Aprirp~n~/~dM variance under the terms that we just discussed. Is there any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signify by saying aye. COMMISSIONER MURRAY: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER CARON: Aye. COMMISSIONER VIGLIOTTI: Aye. CHAIRMAN STRAIN: Anybody opposed? ._--'-- (No response.) COMMISSIONER SCHIFFER: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Those that oppose, raise their hand. COMMISSIONER SCHIFFER: (Indicating.) cdMMISSI ONERKb L-FLA f:- (IildicatrngT CFiA IRMAf~(STRArN~~~itwo~-Okay,s;the Illotion carries 7-2. N ow we'll go on to the boat dock -- MR. KLA TZKOW: Before we do that, sir, could we get the -- reasons for the objections? COMMISSIONER KO~F_LAT: Doesn~tnleet the minimunl -------~~...._,~-~~----~..~_. -.-. van::lnce.. ....-- .cOMMISSIONER SCHIFFER: Well, it doesn't meet the lninimum variance and the platting of a SUbdlVlsTODd0eSilOtCause a ~ - ~\- CHAIRMAN STRAIN: Okay, is that -- does that answer your question, Mr. Kolflat -- I mean -- MR. KLA TZK 0 W: I just want the reasons on the record. --- -~'--"'-'-'----- Page 60 Agenda Item No. 78 June 23, 2009 Page 47 of 47 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of ZOning Appeals, Of. Collier County will hold a public hearing on Tues- day, June 23. 2009 ,In the Boardroom, 3rd Floor, Ad- ministration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will be,Qin at 9:00 A.M. The title of the proposed res~lutionls as follows:. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETI. TION NUMBER VA-2009.AR-14139, FOR A VARIANCE - ,FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIP. ARIAN) SETBACK FROM 7.5 FEET TO 3;0 FEET ON ONE SIDE 'AND- 7.S' FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 2S EAST IN COLLIER COUNTY, FLORIDA. . Petition: VA-2009-AR-14139, Hussein Wafapoor rep- resented by Joshua Maxwell of Turrell, Hall and As- sociates, Inc., is requesting a variance from Section 5.03.06.E.6. to reduce a required side yard setback of 7.5 . feet for a dock facility to 3.0 feet (along the northwest riparian line) and to o feet (along the southwest riparian line). The subject property is 10- catedat 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons WiShing to speak on any agenda Item must register with the County Admmistrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. It recognized by the Chair. a spokes- person for a group or or9.an1iation' may be allotted 10 minutes to speak, on an Item. ",f , .. Persons wishing to have written or graphic materi- als Included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- ing. All material used in presentations before the Board will become a permanent,part of the rec~rd. . Any person who .decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to en, sure that a verbatim record of the proceedings is made, which record includes the testimony and evi'dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to partiCipate In this pro- ceeding, you are entitled, at no cost to you, to the . provision of certain assistance. Please contact the I Collier County Facilities Mana~ement Department, located at 3301 Tamiami Trail East, l3utlding W, Naples, Florida 34112, (239)252.8380: Assisted lis- tening devices for the hearing Impaired are avail- able in the County Commissioners' Office. . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK. CLERK By: Martha Vergara, Deputy Clerk (SEAL) . June 7 NolRO"65 -'