Agenda 01/15/2008 Item # 7A
Agenda Item No. 7A
January 15, 2008
Page 1 of 44
EXECUTIVE SUMMARY
VA-2007-AR-12129, Antonio Faga, representing James and Ruth Kalvin, requesting
two after-the-fact Variances from the requirements of Section 5.03.03.D.4 of the
Land Development Code (LDC) to allow a 7.4-foot Variance from the 20-foot
separation requirement for an existing guesthouse from the principal dwelling; and
a Variance of 19 percent from the maximum 40 percent size limit of guesthouses
relative to the air-conditioned area of the principal dwelling. The 2.52-acre site is
located at 5801 Cedar Tree Lane, in Section 20, Township 49 South, Range 26 East
of Collier County, Florida
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance
petition and r~nder a decision pursuant to Section 9.04.00 ofthe Land Development Code
(LDC) in order to ensure that the project is in hannony with all applicable codes and
regulations and that the community's interests are maintained.
CONSIDERATIONS:
The petitioners are requesting two after-the- fact Variances from the requirements of
Section 5.03,03.DA of the Land Development Code (LDC) to allow a 7A-foot Variance
from the 20-foot separation requirement for guesthouses from principal dwellings, and a
Variance of 19 percent from the maximum 40 percent size limit of guesthouses relative to
the air-conditioned area of the principal dwelling. If approved, these Variance requests
would legitimize the current 12.6-foot separation between the existing guesthouse and the
principal dwelling; and the 735 square-foot floor area of the guesthouse, which is 59
percent the size of the air-conditioned area of the principal dwelling.
The 2.52-acre subject property is a canal lot located at 5801 Cedar Tree Lane, Golden
Gate Estates. The applicants are not the original owners of the single-family home on the
subject site, which was purchased in December, 2005. In June, 2006, following the
inspection of a properly permitted propane tank installation on their property, Code
Enforcement cited the applicants for the guesthouse's separation and square footage
violations. Upon the applicants' subscquent research into the Building Review and
Permitting Department's records, they were unable to find building permits for either the
property's principal dwelling or its accessory guesthouse (which is not uncommon for
structures built prior to 1980, the year the County converted to an electronic archival
system). However, the records they were able to obtain from the Property Appraiser's
office indicated that both the principal dwelling and the guesthouse had been in existence
since at least 1979: and aerial photographs from the era further substantiated these
structures' existence from at least 1981.
Nevertheless, as cited above, LDC Section 5.03,03 requires a 20-foot separation between
guesthouses and principal dwellings, with the size of a guesthouse restricted to 40 percent
the size of the air-conditioned area of the principal structure. As previously stated, the
guesthouse is situated only 12.6 feet from the principal structure, and is 59 percent the
Agenda Item No.7 A
January 15, 2008
Page 2 of 44
size of the principal structure's air-conditioned area. These figures represent an overage
of7.4 feet and 19 percent, respectively, which are the two Variance requests being made
with this application,
FISCAL IMPACT:
The approval of this Variance petition by and of itself does not have a fiscal impact on
the County. The fiscal impact occurs as development occurs, The fiscal impacts of
development are addressed through the payment of impact fees that are collected after the
zoning issues are addressed, The County co Ilects impact fees before the issuance of
building permits to help offset the impacts of each new development on public facilities,
The impact fees are used to fund projects in the Capital Improvement Element needed to
maintain adopted Levels of Service (LOS) for public facilities. In the event that impact
fee collections are inadequate to maintain adopted Levels of Service, the County must
provide supplemental funds from other revenue sources in order to buiid needed
facilities. Development takes place in an environment of concurrency management.
When LOS requirements fall below adopted standards, a mechanism is in place to stop
building activities. Certain LOS standards apply countywide and would therefore bring
about a countywide concurrency determination versus roads that may have local
geographic concurrency implications. However, the property will be required to pay ad
valorem taxes.
As discussed in detail in the Collier COWlty Planning Commission (CCPC)
Recommendation portion of this repOli below, the CCPC, as a part of their motion,
recommended that the fees related to this Variance request be waived. Should the BCC
decide to reimburse the applicant for the Variance fee ($4,000), planning staff would
request that the BCC also authorize a transfer of dollars in the value of the Variance fee
from MSTD General Fund (II I) to Planning Fund (131). This action would require a
budget amendment.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The site is located in the Estates Land Use Designation on the County's Future Land Use
Map. The Growth Management Plan does not address individual Variance requests, but
deals with the larger issue of the actual use. As noted, this Variance is being sought for a
guesthouse on a single-family homesite located within a platted neighborhood of similar,
single-family homes. As residential uses are an authorized use in this land use
designation, the single-family home is consistent with the Future Land Use Element
(FLUE). Furthennore, gucsthouses are permitted as an accessory use to single-family
homes; therefore, the uses on the subject site are consistent with the FLUE.
AFFORDABLE HOUSING IMPACT:
Approval of this Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
Environmental Review statf evaluated this pel1tlon and determined that there are no
environmental issues that need to be addressed at this time. The Environmental Advisory
Council (EAC) did not hear this petition because an Environmental Impact Statement
(EIS) was not required by the LDC.
2 VA-07-AR-12129
Agenda Item NO.7 A
January 15, 2008
Page 3 of 44
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC did not review this petition as they do not nonnally hear Variance petitions,
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard petition V A-2007-AR-12129 on November 15,2007, and believing that
approval of the Variance would not be injurious to the neighborhood or detrimental to the
public welfare, voted (7-1) to forward this petition to the BZA with a recommendation of
approval.
The CCPC, as a part of their motion, recommended that the fees related to this Variance
request be waived, citing that the violation was trivial in nature since only the
homeowners themselves were affected by it and, accordingly, should have an
administrative process to rectify it. In light of the fact that the preponderance of
operations within the Collier County Community Development and Environmental
Services Division (CDES) are funded by fees in the core service areas of building
penn its, building inspections, site plan reviews, subdivision reviews, land use petitions
and other related activities, the Board, if they choose to approve the reimbursement of the
fees related to this petition, should also approve an applicable budget amendment to
reimburse Fund 131 (Development Scrvices Permitting and Land Use Fees) from MSTD
General Fund (111) reserves to finance the costs of the scrvices provided as defined in
the Community Development and Environmcntal Services Fee Schedule, Fees for the
services provided are $4,000 ($2,000 for the Variance application + a $2,000 after-the-
fact penalty fee) plus $1,123 in related public hearing advertising fees, totaling $5,123,
The dissenting Commissioner, although supportive of the Variance request, was not
supportive of the motion's stipulation to refund the applicants' costs. It is solely for this
reason that the CCPC's recommendation of approval was not unanimous and why this
petition could not be placed on the Summary Agenda.
LEGAL CONSIDERATIONS:
The petitioners are requesting two aftcr-the-fact Variances relating to a long-established
guesthouse, The granting of such Variances is pemlitted under LDC Section 9,04,02.
The attached Staff Report and recommendations of the CCPC are advisory only and are
not binding on you, Decisions regarding Variances are quasi-judicial, and all testimony
given must be under oath. Petitioners have the burden to prove that the proposed
Variance is consistent with all the criteria set forth below, and you may question the
petitioners or staff to assure yourself that the necessary criteria have been satisfied.
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 the listed criteria
below. Approval of this request requires three affimlative votes of the Board. In
granting any Variance, the Board of Zoning Appeals may prescribe appropriate
conditions and safeguards in confonnity with the zoning code, including, but not limited
to, reasonable time limits within which action lor which the Variance is required shall be
begun or completed, or both. Vio lation of such conditions and safeguards, when made a
3 VA-07-AR-12129
AQenda Item NO.7 A
- January 15, 2008
Page 4 of 44
part of the terms under which thc Variance is granted, would be deemed a violation ofthe
zoning code.
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 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 County Attorney's Office and is sufficient
for Board action. -JAK
RECOMMENDA nON:
Staff recommends that the Board of Zoning Appeals approve Petition V A-2007-AR-
] 2129, If the Board chooses to approve the reimbursement of the fees related to this
petition, as proposed by the CCPC, Staff recommends that they also approve an
applicable budget amendment to reimburse Fund 131 to finance the costs of the services
provided.
PREPARED BY:
John-David Moss, AICP, Principal Planner
Department of Zoning and Land Development Review
4 VA-07-AR-12129
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item NO.7 A
January 15, 2008
Page 5 of 44
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. VA-2007-,A,R-12129 James and Ruth Kalvin, represented by Antonio
Faga, requesting after-the-facl square-footage and separation Variances for an eXisting
guest house in the Estates Zoning District. The 2.52-acre property is located at 5801 Cedar
Tree Lane. in Section 20 Township 49 South, Range 26 East of Collier County, Florida.
1/15/200890000 AM
Prepared By
John~David Moss
Community Development &
Environmental Services
Senior Planner
Date
Approved By
Zoning & Land Development
12/17/20079:23:07 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
12/17/200710:56 AM
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Date
Community Development &
Environmental Services Admin.
12/17/20071 :36 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Communtty Development &
12/18/20077:39 PM
Approved By
Environmental Services Admin.
OMS Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
12/26/20079:22 AM
Approved By
Mark Isackson
County Manager's Office
Budget Ar.a!yst
Date
Office of rJ:anagement & Blldget
12128/200710:48 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
12/28/2007 2:04 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
file:/ /C:\Agenda Test\Export\98-January%20 15,%202008\07 .%20BOARD%200F%20Z0NI...
1/9/2008
Page 2 of2
Aqenda Item No. 7/",
- January 15, 2008
Page 6 of 44
Commissioners
County Manager's Office
12128/20072:42 PM
file:/ /C:IAgenda TestIExportI98-January%20 15, %202008107. %20BOARD%200F%20Z0NI... 1/9/2008
Agenda Item NO.7 A
January 15, 2008
Page 7 of 44
~
RESOLUTION 2008-_
A RESOLUTION OF THE BOARD OF ZONING APFEALS OF
COUIER COUNTY, FJ..ORIDA, RIlLATING TO PETITION
NUMBER VA-2007-AR-12129, FOR AFl'ER.THE-FACT
SQUARE.FOOTAGE AND SEPARATION VARIANCES FOR
AN EXISTING GUESTIlOUSE IN TIlE ESTATES ZONING
DISTRICT ON PROPERTY HERE1NAFJ'ER DESCRIEED IN
COLLIER COUNTY, FLORIDA
WHEREAS. the Legislature of the Stale of Florida in Chapter l25, Florida Statutes, hils
tlonferred on aU counties in Florida tbe pOWl;;f to estllbJi8h, coordinate Elod enforce zoning and
such business regullltions as are neceBsary fOf the protection (l.f the public; and
WHEREAS, the County pursuant th.ereto has auoptcd a Land De\'elopment Code (!..DC)
(Ordina.nce No. 2004-41, liS amended) which establishes regulations for Ole zuning of particulur
geographic divisions of ibe County, among which is the granting of variance!;.; and
WHEREAS, in December of 2005, Petitioners James and Ruth Kalvin, purchased a
single-family residence And guest house located at 5801 Cedar Tree Lane, Collier County,
Florida, which structures were built in 1979; and
WHEREAS, pursuant to LDC Section 5.03,03, the maximum floor area of a guest hQU5e
cannot exceed forty (40) percent of the air-conditioned, enclQsed 1ivilig area (excluding garages,
carports, patios, porches, utility areas., and th.e Iilce) of the principal dwcUing, and a detached
guest houses can Mt be closer than twenty (20) feet to the principal dwelling; and
WHEREAS, while haying properly penniued wurk done all [he property, Petitioners
learned that the guest house was at some point in time unlawfully converted from a garage,
exceeds the maJ(imllffi floor area by nineteen (19) percent, and does not meet the requisite
separation distance from the main house, being 12.6 feet instead of twenty (20) feet; and
WHEREAS, the Board ofZonil1g Appeals has held a public hearingafLer notice as in said
regulations made and provided, and haS' considered the advisability of after-the~fact square-
footage Bnd separation Variances for the c.xisting guestl10usc in tne Estates Zoning District as
shown on (he p(Qt plan attached as Exhibit A, for the propelty hcroillo.fter described, Ilnd has
found as a maUcr of fact that satisfaclOry provision and Brrangement have been made concerning.
all applicable m!ltters required by said regulutions and to accordan~ wHh Section 9.04-.00 of the
Zoning Regulations of said Land DC\ielopment Code for tne un1ncorporated area of Collier
County; and
Page 1 of2
".~1' ~'..
Agenda Item No.7 A
January 15, 2008
Page B of 44
WHEREAS, an intcresled parties have been given opportunity to be heard by this Board
in pubHc meeting assembled, and the Board having considered all matters presented.
NOW, TBERRPORP., BE IT RESOLVED BY The Board of Zoning Appeals of Collier
County, Florida, that Pelttion VA~2004~AR~12129 filed by Antonio Page, Esq., representb1g
Petitioners James ;Bnd Ruth Kalvin, with respect 10 the propeny hereinafter describzd as:
Golden Gate Estates Unil 31, Lot 88, as recorded in PInt Book 7, Page 59, Collier
County, Florida, Folio No.
be and the same hereby is approved for after.the~fal;,;t square-footage arid sepnr3Lion Variances
for an existing guesthouse in the Estate.... Zoning Dishiet flS sllown on the plot plan, aU<lcBed as
El'i.hibit "A", of the Estates Zoning District wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007.AR.121'29 be recorded in the minutes of (his Board,
This Resolution auop!ed after mOlion, second and majority vote, this _ day of
,2008.
A'ITBST:
DWIGfIT E. BROCK, CLERK
BOARD OF ZONING APPEALS
C01l.!ER COUNTY, FLORlDA
By:
By:
, CHAIRMAN
, Deputy Clerk
Ap Dved as to f()Un
and leg s ffide
Jef 1 lzkow,
Chi As isumt County Attorney
Page 2 of 2
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Aqenda Item No.7 A
, January 15, 2008
Page 10 of 44
COLLIER COUNTY GOYERNMENT
DEPT. OF ZONING &, LAND DEYELOPMENT REVIEW
WWW.COLlIERGOV.NET
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
VARIANCE PETITION APPLICATION
(VARIANCE FROM SETBACK(,) REQUIRED FOR A PARTICULAR ZONING DISTRICT)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staj[
Above to be completed by staff
APPLICANT/AGENT .!.NFORMATION
NAME OF APPLlCANT(S) James N. and Ruth p, Kalvin
ADDRESS 5801 Cedar Tree Ln CITY Naples
TELEPHONE # 775-0746. CELL # 465-1985 '~,__
E-MAIL ADDRESS:jkalvin@kraftconstructiol1.com
-]
STATE FI ZIP 34116
FAX # 643-2514
NAME OF AGENT Antonio Fapa,
ADDRESS 7955 Airport PUllinp Road__ CITY Naples___ STATE FI
TELEPHONE # 597-9999 CELL # FAX #
E-MAIL ADDRESS: _. _
ZIP 34109
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Va.riance Application rev. 12/23/04
Page 1 of7
i\genda Item No. 7/'\
January 15, 2008
Page 11 of 44
ASSOCIATIONS
Complete the following for all Assoclation(s) affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION: n/a.
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
_~ crTY
STATE
ZIP
NAME OF MASTER ASSOCIATION: n/a
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION: n/a
MAILING ADDRESS
CITY
STATE
ZIP
PROPERTY DESCRIPTION
Legal Description of Snbject Property:
Seclion/Township/Range 20 /49 /26
Subdivision: Golden Gate Estates
Property 1.0.#: 38227520005
Unit 31 Lot: 88
Block:
Metes & Bounds Description:.
Acreage: 2.52
Addres. of Subject Properly (If different from Petitioner's address):
Variance Application rov. ] 2123!O4
Page2of7
l
ADJACENT ZONING AND LAND USE
P,aenda Item f\Jo 7/\
" January 15, 2008
Paoe 12 of 44
. .J
Zoning
N ~
S :G-
E t2:
.,"---
w ~.v.;
Land Use
Single Family Res.wt'~9t
l^
, e -:f-
V,LC- '1.-1.- .
v....
Minimum Yard ReQuirements for Subiect ProDerfv;
["'Fron"
Side: __~
Rear:
15
30
'7S,
\
Corner Lot:
Waterfront Lot:
Ves 0
Ves 0
No L!J
No L!J
-
NATURE OF PETITION
Provide a detailed explanation of the request including what structures ate existing and what Is prop~sedi
the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' '0 181; when
property owner purchased property; when existing principal structure was built (include buildIng permit
number (Ii) if possible); why encroachment is nEl~eSsarYi how existing encroachment came to be, etc.
For projects authorized under LOe Section 9.04.02/ provide detCli1ed description of site alterQtions,
including any dredging and filling.
Purc;.hased house and guest house in December of 2005, Structures were as they are now,
wi no alterations to sq footage or footprint. While having permitted work done to inst~1I a
p!opane tank, code enforcement cited the guest house as "unlawful conversion to living
space,"_!,-s well, ",!_e hewe 1J~_E!nt.old th_~the guest house is too close to the main house,
and is !c:>o big in~rE!lation tot~~_main ho~e. Pulle~Rroperty card, and found "res & guest"
on form. Met with County Commissioner and..c:;ounty.Attorney to discuss, and could not
locate code boo~for the year that house V'i?:.s bu~\.1979). We are seeking a variance to
-- --
allow the structl,!r.es to standasthey _~<l.~~ stoodJ()r 28 years, in liell ()f performing major
construction chang_es to bring proPE!rty~p_to t()9ay's ~.o~e, If this is. required, it would
present a catastrophic financial ha~shjp on our family,
Please note that staff and the Collier County Planning Commission shall be guided in their recommendotion to
the Boord of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to
approve or deny a yorial1ce petition by the below listed criteria (1-8). \please address these crlteriCl using
oddltloncd pages if necessary.)
Vari~m:e Application rev. 12/23/04
Page 3 of?
Agenda Item No. 7A
January 15, 2008
Page 13 of.14
1. Are there special condItions cmd circumstances exlstlng which are peculiar to the location, size Clnd
characteristics of the land, structure, or building Involved.
No
2. Are there spedal conditions and circumstances which do not result from the acHon of the applicant
such 0$ pre-exIsting cond1tions relaUve to the property which IS the subJect of the vClrfonce request,
Yes - the structures were built in 1979. We purchased the property on 12/21/05,
The structures are, today, exactly as they were when purchased, We have not
chanQed the fo()tprint, the structures, or the under-all' square footaQe.
3. Will a literal Interpretation of the provisions of this 'Zoning code work unnecessary Clnd undue
hardship on the l:lpplicant or CI'sqte practical difficulties on the appHccmt.
It will create a financial hardship for our family. We bought an older property with
the understanding that we would spend money to up-grade some features, We.~
did not plan, and we are financially unable, to re:model the entire house,
4, Will the variance, If granted, be the minimum voriance that will make possible the reasonable use of
the land, buildil1g or structure and whk:h promote standards of health, safety or welfare,
Yes,
5. Will granting the varionce requested confer on the petitioner any special prIvilege that is denied by
these zoning regulations to other lands., build1ngs, or structures in the same zonlng district.
No.
Variance Application rev. 12/23(04
Page 4 of7
Agenda item !\Jo. 7 A
January 15, 2008
Page 14 of.14
6. Will grontlng the variance be in harmony with the intent and purpose of thfs zoning code, and not be
Injurious to the neighborhood, or otherwise detrlmental to the public welfare.
Yes.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
obJectives of the regulation such as natvrof preserves, lake~1 golf course/ etc.
No.
8. Will granting the variance be consistent with the growth managemerit plan.
Yes.
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEYELOPMENT 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) IMMEDIATELY.
Vari.ance Application rev. 12/23/04
Page:5 of7
Agenda Item No.7 A
January 15, 2008
Page 15 of 44
(i)
AFFIDAVIT
We!'1 being fint clvfy sworn, depose and soy that well om/ore tile owners Qf the
prop y da$cribed herein and whieh is the slJbiect matter of the proposfld hearing; that all the answers to the questions ;n this
ap ;cotion, induding the disclosure of interest informationl all $ketches, dafo, Clnd of her s(Jpplementary matter attached to and
made a part of this app/icafioll, are honest OIlO true to the best or our knowledge and beTief. We/I vl1darsfand thaf the
information requesfed on this application must be complete and accurate and tho1 fhe CO/lts-nt of flJis form, woether computer
generated or County printed sho1J not be oftered. Public heClrings will nof be advertised until t!lis QPpUeaHor'1 js deemed
complete, and of! required informotion has been svbmitted.
~7JW/~ ~,d
...-
to ad as Qur/my representafive
:l:. ~ J!u j) M.,;
/ noture of ProP<'rfy Owner
:.J:;JU<!'/;/. ~kr;'
TYP6d or Printed Name of Owner
Signature of Property Owner
~)v1:1" K'l!.LlJ !IV
Typed or Printed Name of Owner
./,0.,1' ,..,,,
....~ore9oing jnst~um~nt was acknowledged before m.~ this.x day of _/ n~
.J(Lrnt?,~ Kc.J..{) 111 ~~o"p1iY knov.:.~ or nos produr;ed
identification.
,2061by
0'
Stote of Florido
County of Collier
~L - p~'
A ,~.._.L.L.., ~ /' /
G~..) ~~--'.c-. -P-'(_.L_'~
,
(Sig;.,afure of Notary Pvb/ic ~ State of Florido)
r.......uCHRisTiN~re.FIKE..'.....U!
. .
i (o'''$'.j~rr",1. Comml: 0003542&4 i
: t~~~1. f:JtPlr1!1s9f12/2000 :
. ~. . .
", \.~" ;r: Bonded tI1ru ({lO0}4"J-?-4254:
~ ,.
(Print, Ttp~!~':sfump' .J~l~~~;:b'~d' \,~. j
Name of Notary Public)
Variance Application rev. 12123/04
PAge 7 of7
Agenda Item No.7 A
January 15, 2008
Page 16 of 44
'~~
Nam-_+ Me fl
Add"~r,- ? ... '.\nnQ,
Phone ,~?)'7, 5.'7d-. d-M:.l
Date~~7
In the mattel' of the Single Family Residence and Guest House Located
at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent
property OWnel'j
I/We are of the w1derstanding that the house and secondary structure have been built, as
they exist today, since] 979. I1We are also of the understanding that, at some unknown
point in time, a portion of the interior of the secondary stnwture was converted to living
space. Further, T1We arc of the uuderstanding that the secondary stl11cture is too close to
the main house by CUlTent County code, [/We also understand that the property was
ptlrehased in December of 2005 by the cun-ent residents, .lames and Ruth Kalvin, with the
previously mentioned conditions as they exist today,
Due to the situations mentloncd above, it is our understanding that the cun-ent owners of
the property, James and Ruth Kalvin, arc seeking a variance to allow the converted living
space, and a variance to allow the separation of the main house and the secondary
sltucturo to remain as it was originally built in 1979,
As an adjaoent property owner, I have no objection to the valianees being granted as; ])
the proposed variances - if granted.. will be oonsistent with the character of the
neighborhood, 2) the variances are merely documenting a situation which has existed for
many years, 3) bringing a 28 year old structure up to today' s code would place an un-due
financial hardship on thc currcnt owners,
IlWo have no objection to the granting of the varianoes as outlined above,
.~-~
~n A r ~ }.~ _
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Print
Print
Agenda Item I~o. 7 A
January 15, 2008
Page 17 of 44
Name G:/2.$6 ::5~E6;-nS:
Address s-f 7) GOLU/7l. --;;;",ec!,v .
Phone ;;1-3<:} }?"/:-I?/S-
Date l? A- ;0 7
In the matter of the Single Family Residence and Guest House Located
at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent
property owner;
I1We are of the understanding that the house and secondary structure have been built, as
they exist today, since j 979, I1We are also of the understanding that, at some unknown
point in time, a portion of the interior of the secondary structure was convelted to living
space. FUlther, l/We are of the understanding that the secondary structure is too close to
the main house by cUl1'ent County code, I !We also understand that the prop City was
purchased in December of2005 by the current residents, James and Ruth Kalvin, with the
previously mentioncd conditions as they exist today,
Due to the situations mentioned above, it is our understanding that the current owners of
the propelty, James and Ruth Kalvin, are seeking a variance to allow the eonvelted living
space, and a variance to allow the separation of the main house and the secondary
structure to remain as it was originally built in [979,
As an adjacent propelty owner, I have no objection to the variances being granted as; ])
the proposed variances - if granted - will be consistent with the charactcr of the
neighborhood, 2) the variances are merely documenting a situation which has existed for
many years, 3) bringing a 28 year old structure up to today's code would place an un-due
financial hardship on the CUlTent owners.
I/We have no objection to the granting of the variances as outlined above,
c;.} 5~u
Sign /
&/JItd.. ;:.(/'Ed::72 S-
Print
Sign
Print
Aqenda Item ~~o 7l~,
- January 15, 2'003
Page 18 of 44
Nume CO-t'S6', (;CV~<f',Y
Address 6r:.l n uuu~-fd.r,-,[ .. ie' ,eu en,
'::i0{~/cf"i~E ~cl/tl0
Phone ?/'7;J..- (')OS-( "
Date c;{u(() - 0'7
In the matter of the Single Family Residence and Guest House Located
at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent
property owner;
IIWe are of the understanding that the house and secondary structure have been built, as
they exist today, since 1979, l/We are also ofthe understanding that, at some unknown
point in time, a portion of thc intcrior of the secondary structure was converted to living
space. Further, I/We are of the undcrstanding that the secondary structure is too close to
the main house by cun'ent County code, [/We also understand that the property was
purchased in Deeembcr of2005 by the current residents, James and Ruth Kalvin, with the
previously mentioned conditions as they cxist today,
Due to the situations mentioned above, it is our undcrstanding that the CUITent owncrs of
the property, James and Ruth KaIvin, are seeking a variance to allow the converted living
space, and a variance to allow the separation of the main house and the secondary
stl1lcture to remain as it was originally built in 1979,
As an adjacent property owncr, [ have no objection to the variances being granted as; 1)
the proposed variances - if granted - will be consistent with the character of the
neighborhood, 2) the vmiances are mercly documenting a situation which has existed for
many years, 3) bringing a 28 year old structurc up to today's code would place an un-due
financial hardship on the current owners.
lJW c have no objection to the granting of the variances as outlined above.
C.-cP~ ~ ~"P'~r~1
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Case NuLjnflD.da1te,g',:,No ~~ y .
COLLIER COUNTY CODE ENFORCEMENT J~L':If-, ., <;&. J -'
Building Permits, Administrative Code & Other Permit Requiremeuts Page (1 ~~
NOTICE OF VIOLATION
Date, "15.IOfp Inv"tlg.tor: P. P.-.f\1dW<.'J \^ Phone, 239.~>'! n
on dent
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Zoning Dist e sh,....\e.s See '2.0 Twp
Legal: Sobdlvlsinn '1J.1 (. ,,(dot (~~ ~ (< \o.leJlloek
\.1....\ '1 j
Folio -.2,1 J-J. l.~~ (J60,S__. ORBook 1<15 'i!
210
-"'L
Location:
Uninrorporat.ed Collier County
Violation: Pursuant to Collier County Code Enforcement BOiu'd Ordinance 05-
55 and 97-35, as amended, you aI'1:: notified that a violation(lJ) of the following
codes exis~:
OrdinaDce 2003-37 Collier County Rlghr~ofwWa)' Ordlnunce
)g(Ser:tlon 5 Permits. It shalt be unlawful for any Responsible Party to dig,
excavate. obstruct, or place any construction or other material, or pcrfonn any
other work which disturbs tile existing structure andlor compac:ticm of suil in
any right.of.way maintained. by Collier County \l,Ii1hin the boundaries of any
municipal corporation, without first obtaining ;11 permit for such work, etc.
(Abo found In Sectlon 110, Artlc:le n of the Collier Count)' Code uf Laws:
:md OrdJnance$fSection 110.31)
Ordinance 04..41, a8 amended, Land Development Code, See. lO.U2.06(.B)(I)
"D_t9Jding or land alteratlon permit nnd ccrtlnc.ate of occ.upallc)'
iIDO.02.06(B)(I){a)Zonlng action on b[illdlng pe!.mUs..,no building or
structure shall be erected, moved, adde.d 10, llltered, utili?..ed or allowed to
exist...withoUl first obtaining the autl\orization of the required building
permit(s), inspections, and cl':rtificale(s) of occllpancy, etc.
Wi O.tt2.06(B)(1)(d) Improvement of property prohibIted prior to Issuance
V1rf building permlt. No site work, removal of protected vegetation. grading,
improvement of propl:rty or construction of any type may be commenced
prior to the issuance of a building pennit where the. d~velopment proposed
requires a building P1mnit under this land development code or other
applicable county regulations.
.di O.02.06(B)(1)(d}(I) In the C\'ellt the improvemcllt of property, t:onstnJctioll of
P1.ny type, repairs or remodeling of any type th&t requires a building pe.nnlt has
been completed, all required inspection(s) and certificate(s) of occupancy
must be obtained within 60 days after the iswance of aftertne fact penni!(s).
Collier County Code of La,,.s and Ordinances Section 22, Article II
0103.11.1 Unsafe Buildings or Systems. All buildings, structures,
electricalj gas, mechanical, or plumbing systems which are unsafe, unsanilllry,
or do not provide adequate egress, or which con.~tltu!e II lire hllzard, or are
otherwise dangerous to human like, or which in relation to ex.isting Us(:s,
constitutes a hazard to snfety or health, are c.onsidered unsafe buildings or
service systems. All s\lth unsafe bu1ldings, slmctures or service systems are
hereby declared illegal, ete
0103.1 J.2 Physical Safety Ipools]. Where peal con!>tTUcllon commences prior
to occupancy certification of JI olle or two family dwelling unit on tbe same
property, the fence or enclosure required shall be in placc at the Irllle of fmal
building inspeeticn....Where pool construction is commenced after occupancy
certification of a one or twe. (amily dwelling unit on the same property. the
fence or enclosure required shall be in place prior to filling of the pool unless
during the period commencing with filling of the pool and ending wfLh
completion of {he required fence or enclostlre, temporary fencing or an
approved sub!:litute shall be in place, etc.
0104.1.3.5 Prohibited Ac(ivJtle~ prior to Permit Issuance. A building pt'nnit
(or other written site specific work authorization such us for excavation, tree
removal, weU construclJon, approved she development plan, fWing, re.
vegetation, etc.) shall have been issued prior to the c.onuncnccment of work al
the site. Activities prohibited prior 10 permit iSSllance shall include, bIll are
not limited 10, excavation pile driving (excluding test piling), well dntling,
fonnwork, placement of building materials, equipment or accessory structures
and disturbance or removal ofprotectod specieS" Of habitat, etc.
J6ctiQO 106.1.2 CertlfieateofOccupancy.
0100.1.2. Buildlng occupancy. A new building shall not be occupied or a
change made in the occupancy, nature or use of a building or part of a
building until after tho building official has issued a certificllte of occupancy,
etc.
Notice of Violation
Original to File
Copy to Respondent
'i'l
~
Rog
Lot
Page
;u.U
Violation (continued):
FlorJda "Building CDde 2004 Edition
Section 105.1 Permit Applicatioll
0105.J When required, Any owner or authorized agent who intends 10
COIlStruct, .enlarge, niter, repair, move, demolish, or t-hange the occupancy
of a building or structure, or to erecl~ iustall, enlarge, alter, repairJ remove,
convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which if; regulated by this <-"{Ide, or to cause any such work 10
be dOlle, shnll first make application to the building official and oblain the
required permit.
S~cti{ln 105.7 Placement of Permit
0105.7 The b}liJding pennit or copy shall be kept on tfle site of the work
untillhe complotion of the project.
Sectlon 11 1.1 Service [JtllltleS'
0111.] Connectron of service utllitlef, No person shall make connections
from a utility. source of energy, fuel Or power 10 an)' building or s)'stem (}lat is
regulated by this code for which a pennlt is rcquired, until releRSed by the
building official.
Otner OrrllnancelNarrafJve:
C;ue,;'\-\.,,,,,,,,, b",\J.
(o-.Jv....~ ~'vJ d..\ Y"'\C'~
,
V-)'.\:\"OJ-i- CAt."...
\')e\m'\~ .
Ord~r to Correct Vio ation s :
Must be in compllllnce with all Collier County COlies 31ld Ordinances.
Apply for and obtain aU permits required for deBcribed
s.tnJcture/improvcments: OR rCITIO\'e ~flid structurelimprovements,
including miilerials from property and restore II) a permil1ed state.
~ust rcqlJestlcl.Ilfsc required inspections 10 be pcrfolmed and obtain a
certificate of occupancy/com[Jletion. OR demolish described
improvemellts/~tructurc !lnd remove from property.
OMuSf effect, or cause, repair and/or rehabilitation of described unsafe
bulldinglstructurelsysterns: OR remedy violation by m~ans of pennittcd
demolition of same,
Viol.t;,n(,) IlIU'! be CORRECTED BY, ~ <...d! 2.00 rc.
Failure to corrct":t vIolations mny res-ult 1m
1) Mandatory notice to appear or issuance of a cilation that may result in
fines up 10 $500 and costs of pro see uti on. on
2) Code Enrorcement Bard review that may result in fmes up to SIOGO per
da)' per Viola ion as 1 g as the violation remains, and costs of
pr ion.
gnl:l1Ure
",.~L~
nvestigator's Signature
3,
Copy for Site Posting
CUDV for Officral Po.<::lillCJ
f,l>>"l"'>f',,/{)I::
.'
Aaenda item No. 7/\
~ January 15. 2008
Page 20 of 44
From the Desk of...
Jim Kalvin
5801 Cedar Tree Lane Naples, Florida 34114 239-775-0746
Code Enforcemcnt Board
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34 I 12
Dear Sirs or Madams,
Please allow me to thank you for hearing our up-coming case - CBB #2007-25, Dept
Case #200605042.
As a brief history of this issue, my wife, Ruth, and I bought a residential property that had
been built upon in 1979, We purchased the property in December of 2005 as it is today-
with a 3 bedroom! 2 bath main house, and a guest house with a single bathroom, Since
we moved in, we have made two pcrmitted improvements to the propert.y. We had a 400
gallon propane tank installed, and we have built a 30' X 50' steel building.
We were notified by Code Enforcement that the guest structure was in violation of code
due to separation, conversion, and square footage issues. The violations were cited when
we were having the propane tank inspected following permitted installation,
Subsequently, we met with Code enforcement., PlalUling, and Permitting to 8ee what
needed to be done to bring the propelty into compliance with code. We were told that we
would have to petform major renovations to the house and 'guest house to make it legaL
The costs, we later found out, would be in the neighborhood of $100,000,00,
This amount of work we camlOt afford to do.
We contacted the realtor, and the seller that we bought the house from, and asked [or
assistance - as there had been no disclosure of any outstanding code issues during the sale
process, We were told that they were not gOillg to help us, and we filed legal action.
We also immediately started generating architectural renderings of the possible
renovations, In short, we were doing everything we could do to respond to the eBB
notice,
You will find correspondence referencing all of the above in your packet.
As well as the legal action and the architectural work, we started looking through County
records for permits that may have been pullee! for the property, We found, on record at
the Property Appraiser's office, the Property Card (attached) showing that !be house was
built in 1979, and the Property Appraiser denotes "Res! Res(Guest)" on the building line,
Agenda Item No. 7A
January 15, 2008
Page 21 of 44
In our minds, this was significant, and we asked Patrick Baldwin if this would "grand-
father" the property use, and the buildings in question, His answer was that this did not
matter.
We went further and consulted the Records Department at the Community Development
building on Horseshoe Drive, but there are no records for this property in their micro-
film. I was told that this is not un-common for properties with older houses (1980 and
older) as many records were lost over the years during conversion to different storage
techniques, or during moving to different facilities.
We went to the Graphics Department, and tried to obtain an aerial picture of the property
the year it was permitted, but they do not go back that far with their records. We went
back to the Property Appraiser's office, and they did have an aerial picture from 1981
showing the property as it is drawn on the property card: The photo is attached,
As well, [ have attached a photo of the property from the County GIS map - showing the
property in Feb of 2006, Again, there were no changes to the propelty except for the
wooden structure (blue tarp) which was demolished to make way for our permitted metal
building,
I have consulted with the Planning and Zoning Departments, and neither has been able to
obtain a copy of the "Code" book for 1979.
Being that the only piece of documentation for this property, from the Property
Appraiser's office, is the Property Card, we believe that this should be the "ruling
document", And the "mling document" references and shows the structures as they are
today. Given that, we are requesting that this code citation bc withdrawn, and that the
property should be recognized as conforming to plans as outlined in the record of the
Property Appraiser's Office,
We did not build the structures, we did not alter the structlll'es, They have existed for 28
years in exactly the same state that they are now. The property is in concert with the
surrounding neighborhood, as there are numerous properties with guest houses on Cedar
Tree Lane,
As I state in the application for Variance (attached), performing the work necessary to
bring this property up to today' s code will be financially devastating to our family, Please
consider our request, and thank you for your time.
)i.n;:l~/' /
5i3 (~~~
/" .im Kal n . - ~,
Agenda Item No.7 A
January 15, 2008
3760174 OR: 395S9PG': 02115
PJCORD!D in o"rCIAL RlCORDS of COLLIIl coum, PI
lZ/JD/ZDD5 at D2:11PK DIIGHT I. SIOCI, CLIRl
colS 4!5DOD.~O
DC ru 18,50
DOl:,.70 3llS.0D
Prepared Wilhout opinion of title by:
Stuart A, Thompson, Esq.
Thompson & Shirk, P.A.
2272 Airport Road South, Suite 101
Naples, FL 34112
tetn:
SflM Uf FIlii
lOGffilA\'!SIZtS
'APLU 'L 3llOl
fSpat:(: Above This Line For Recording Datal
Warranty Deed
(Whenever used herein the te
Tract 88, GOLDEN GATE ESTATES UNIT 31, a subdivision, according to
the plat thercof, recorded in Plat Book 7, Page 59, of the Public RecOl'ds of
Collier County, Florida.
Parcel Identification Number: 38227520005
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining,
To Have and to Hold, the same in fee simple forever,
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said
land in fee simple; that the grantor has good right and lawfil! authority to sell and convey said
land; that the grantor hereby fully warrants the title to said land and will defend the same against
OOlJblenm~
r;;.
Agenda Item No.7 A
January 15, 2008
Ui OR: 3958 Pp~ 223l~ t**
the lawful claims of all persons whomsoever; and that said land is fTee of all encumbrances,
except taxes accruing subsequent to December 31, 2005.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first
above written.
Signed, sealed and delivered in our presence:
jAAJtk-
Wi ss as (0 Both
Printed Name: VAR.T A.-n-bM
gfd~
St en L. Heidel
State of Florida
County of Collier
~
day of December, 2005 by
knO\\~l or U have produced a
[N o(ary Seal]
Notary Public
Printed Name:
1lJSIuil\A~
. . My Com<TJiMlOO 001_
v...~ Exp\<e$JOOO27,2007
My Commission Expires:
Wt1mmly Deed ~ Ptlge 2
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NOT FOR FENCE CONSTRUCTION
NOT FOR CONSTRUCTION
NOT FOR DESIGN
Aoenda Item No. 7/A
~ , """~"'. 2008
NOT', THE INTeNT or rHls SURVl.'1' J.s rim TIne: TH"N~ris f.2 0 f 44
COPrRJI:iHT e005' r .L.A. S/,/RVCYS CaRp,
PAGE 1 OF 2
sc~ RcveRse SiDE: rOR PAGE e ar 2
STRE;Cr ADDRess
58DJ CEDAR TReE: LI1N~
NAPLES, FLDRIJJA
CAI'J./lt.
PLA r BDVNfJARr
S.89'40'SO;E, 330.00' (P)
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N.89'4Q'50'V. 660.00' (Pt.H) <B.aS,)
LEGAL DEScRIPTlON :
TRACT 68, GOLDeN GATr eSTATES, UNIT :11, ACCORDING
m THe PLA T THeReOF liS RECORJJt:D IN PLA T BOOK '7~
PAGE: 59, I1F THE PUMIC RE:CDRDS DF COLLIER COUNTY, n.ORJDA
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CgRTIFlED TO ,
.JAMF;S N. AND RUTH p, KAt.. VlN
WORLD SAVINGS BANK, FSli
IrS SUCCE:ssaRS AND/QR ASSIGNS
GDOIJLCTrE, COLOIAN & .JOHNSDN, P.A.
FJRST AMERICAN TIrU: (NSURANCE: CDMPANY
STEVARr LAW FIRM, PLC
ATTORNEYS' TITLE INSURANCE rVND, INC.
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COMMUNITY PANEL 120067-04e5D
nmEX DATED: JJ-/7-05
(FLOOD ZONE : .e",.c~,.D.. ~ "X. ARE NOT
CERTIFICATION: IN DESlGNATEO FLOOD HAZARD ZONE AREA,)
(AS TAKEN FROM WEaStTE - W'ffli.
I CERT1FY 'n-IAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MFETS CfS.COLUERG"OV.NETIwe:SSllEIFEMA-NEWI)
THE MINIMUM TECHNICAL SlANDAR'oS SET FORTH SV THE BOARD OF PROFESSIONAl
lANED Sp"il'RRVEYOR,S,AONDS MAPPERS IN CHAf'TE:R061GI7-8, FLORIDA ADMINISTRATIVE ~WTfaHPLIJ\NCr .....ITH FAe.
COD, AN ~.SN 472027, FLORI A STA1UTES. 6ICil7-6.00:.u (5) <E) (IF LOCATION: OF
f (/ 1-:1 / 11-17-'::005 [ASo-,ENTS OR RjGHH:lF'-YIIY OF RE:CORD,
aY: ~ I~~_~______ SURVEY DATE :~____ g~~~l~.A~Hl~D;;JRNK:ft~~R~\'\1EIS
LELANO F. DySARD,"""""Pl:'s ,f38G9 CU~'l'ON W, ~1NSTAD. PLS #2463 FURHI~HrD to T!lE: .!:UFN,!'YDR AND Hhf'f'E:R.
GEORGE R. RICHMOND, PLB ff24-oa MARY E. FINSTAD, P5M 15901 STEPHE:N MACDONAlJ), PLS H4001
~<6t ~Affl~~oTI~NS3~~~~\sZ~~~~TJR~SEA'tEDN1sM~gs~:&E~~~ or ENCUMSRANCES. ~T&J~F~Pr:J,f1~~P{:t;,tfoi':?-;-;; ':t1~~~R
SURVEY IS VAUO FOR 90 DAYS. PLEASE REFER TO RE\o'ERSE SIDE FOR GENERAL NOTES &. AB8REVlA nONS.
NDTE' PROP~RTY QIIINtR SHDUl.D OlJTAIN WRITTEN nOUD ZONe DETERMINATION FRaM LOCAl.. PCRH!'fTING, PLANNING AND
BUILDING DEPARTMeNT PRlO.t? TO ANY CONSTRUCTION PLANNING AND/[JR caNsrRUCrWN.
F.L.A. SURVEYS CORP,
PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569
6,561 TAYlOR ROAD, SUfTE 1
NAPLES, FLORIDA 34109
239-59f1-593U FAX 598-5939
9250 COlLEGE PKWY SUITE 10
rr. MYERS, FLORIDA 33919
239-274-9518 FAX 274-9519
lQg~ B~
QUALITY CONTROLLED BY;
HA r'ARTY CHIE:F;
T. CHRISMAN
eN
REVISIONS
cERTlRCA1101'f
12-6-05
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Agenda Item No.7 A
January 15. 2008
Page 29 of 44
..~
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EXISTING GUeST HOUSE
GALLEY
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,Aqenda Item NO.7 A
, January 15, 2008
Page 30 of 44
5801 Cedar Tree Lane
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@2004.ColllerCounlyPropertyAppraiser. While lhe Collier County Proporty Appraiser Is cornmtttt'!d jo providing the most accurate and up-lo.da1e information, no warra!ll1es !';};prfJ.Ssed 0
lor the dala heroin, its use, or lis inl03rprotation.
'-..
\
COLLIER COUNTY GOVERNMENT
ADDRESSING DEPARTMENT
(i)
Agenda Item No. 7A
January 15, 20Cl8
Page 32 of 44
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
. ADDRESSING: CHECKLIST
l
Please complete the following and fax to the Addressing Department at 239-659-5724 or submit in person to the
Addressing Department at the above address.
Form must be signed by Addressing personnel prior to pre-application meeting. 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 Petftion Type)
o BL (Blasting Permit)
o BD (Boat Dock Extension)
o CU (Conditional Uso)
o EXP (Excavation Penmit)
o FP (Final Plat
o LLA (Lot Line Adjustment)
o PNC (project Name Change)
o PPL (Plans & Plat Review)
o PSP (Preliminary Subdivision Plat)
o PUD Rezone
o RZ (Standard Rezone)
o SOP (Site Development Plan)
o SDPA (SDP Amendment)
o SOP! (Insubstantial Change to SDP)
o SIP (Site Improvement Plan)
o SIPI (Insubstantial Change to SIP)
o SNR (Street Name Change)
o SNC (Street Name Change - Unplatied)
o TDR (Transfer of Development Rights)
l&'VA (Variance)
o VRP (Vegetation Removal Permit)
o VRSFP (Vegetation Removal & Site Fill Permit)
o OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached)
(?"cl..1":':>f:".\'\ GF\\E CSTP\\~ U'N\T 3\ "\'T<f\(~T '?S'i;
FOLIO (Property 10) NUMBER(s) of above (attach to, or associate with, legal description If more than one)
'3'R ?'-?,],~ 7___000 f''J
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
~ '2\ 0 \ ('\ Ft:.P>,~ . '''\B-'i:::.~ '-.1\\,\ 12-
LOCATION MAP must be attactled showing exaci location of project/site in relation to nearest public road right-of.way
SURVEY (copy, needed only for unplatted properties)
PROPOSED PROJECT NAME (lfapplici1ble)
PROPOSED STREET NAMES (if appilcable)
SITE DEVELOPMENT PLAN NUMBER (for exiSting projects/siles only)
SOP or AR #
Page 1 of 2
Agenda Item No. 7A
January 15, 2008
Page 33 of 44
RESSING CHECKLIST - Page 2
Project or development names proposed for, or already appearing in, condominium documents (if appiication; indicate
whether proposed or existing)
Please Check One:
o Checklist is to be Faxed back
&'Per.;onaIIY Picked Up
APPLICANT NAME: ..I?-.-r IV' olfd jl(/I;!,
PHONE: .t.l'~ ~ 8'0- $I!YI//"I
i~ /4k/M
FAX:. ~ .,"~f/J-;J.} 7..2..
Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is
subject to further review by the Addressing Department.
FOR STAFF USE ONLY
P-imary Number Q, ('Yl G:, 7
Mudress Number CI 0 ~ -1"2',---
Address Number
Address Number
. Approved bY~~~ V(J
Updated by:
Date: <lS -() \ -()7
Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Page 2 of 2
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COlLlERGOY.NET
Agenda Item No, 7 A
January 15. 2003
Page 34 of 44
(i)
2BOO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-696B
VARIANCE PETITION
L
o Dimensio~~1
J
PRE-APPLICATION MEETING NOTES *
& SUBMITTAL CHECKLIST
Date: 'i?! II D / Time: ., .' 1!f5 Assigned Planner:
Proiec, Name: 5~~ ,~V)'rv
Project Addrflocation: ,') kD I (If .d..CL4" T rU---
/." !/().,'
Applicant Name: J tL1\"<Z.J ~ /'1,.. Phone:
1/I)fwt - ~L.f!Lo[;S
I-rt.
L/{&\ .-- / '7 ~
Firm:
Cllrrenl Zoning:
E:~.r
,.(~ ~~ ~
Owner Name:
Owner Address:
v..
I'
\.\
_Phone:
V'
Meeling Allendees: (allach Sign In Sheet)
NOTES:
" 0 (" A. Jt'VJ("v'N..., *~
...e/'n/L-1 cJlJw' .~ I r f." L rf',' _ ~v. ~ I
Y-F,~ 'rv1.-, . ffn.1. vrL$ h~ Lf . 111 J 0; '7'1. ,
/1 -c{'--zr!)7 (r t0lll{cdL- kjf ~HA.tM'f.e, tf:r!;:lf;;/P'r.4f;:k
J'frw~ . /1", ftS~Ivrt.'/<.- If:!-- cr; 0 (,v-;- 1-D;;, ') hi ~ it : <SD @
~-rV:AN$f' ?1.4v.v 1A.J6 - )0(:> "'"E.;:Je::.:lION '7" Se-1,",Ar~ V'A'e...I~, -;;:;J~ ..va-,- V"-"'J-,\
:P1.5TiL1i3VrE:- ,,, us. 11"- /J/r'f "JG.=s.~ . ~Q
M~-fl/oop./2T.q7",.J W5tYT/>~ t/4,.{:. I
. If telephone pre-application meeting is held, direct the petitioner to coordinate with Unda
concerning the requirement for the petitioner to send the notice letter to the surrounding
pl'operty owners or to give them that information that Lindo typically provides them
1
Agenda Item No.7 A
January 15, 2008
Page 35 of 44
VARIANCE PETITION
(VA) APPLICATION
SUBMITTAL CHECKLIST
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
,-- A
Compleled Appllcalion (download from webs!,! lor current form) 15
Pre-Appllcalion meeting noles 15 .x
Compleled Addre"il\g Checkiist, Signed by Addre"ing Deportme;'t 1 ><
~~ptuol Site Pion 21" .. 8r~nd one 8 V2 TI X 1111 copy 15 y
Survey 01 property showing Ihe encroachmenl (meosured in leel) 1 X
Owner / Agent Affidavll signed & nolarized 1 y.
--
Deeds/Legal's 2 Y
Location map 1 y-
Aerial photographs (taken within the previous 12 months min, scoled 5 -,
1 "=200'), showing FLUCCS Codes, legend, and proiect boundary k
Electronic copy 01 all docun,en!s and plans (CDROM or Diske!te) 1 ~
~storlcal Surveyor waiver request _ .1 \"
- 1 X
Property Owner Advisory Letter ond Cerliflcation
Envlronmentollmpacl Statement (EIS) and digital/electronic copy of ~
EIS or exemption' lustlfication _ 3
FEES:
~ Pre-application Fee $500.00 (Applications submilled 9 months or more after the date of the last
pre-app mee'lng shall not be credited towards application fees and a new pre-application meeting will
be required.)
Review Fees:
M $2000.00 Residential
1!,5000'00 Non-Resldenllal
After- The-Facl Zoning/Land Use Pelitlons 2x the normal petition fee
760.00 Estimated Legal Advertising Fee - CCPC Meeting
$363.00 Estimated Legal Advertising Fee - BeC Meeting
(any over- 01' under-payment will be reconciled upon receipt 01 Invoice from Naples Dally
News).
o $2500.00 EIS Review
OTHER REQUIREMENTS,
o
o
o
Agent/Owner Signature
Date
2
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Agenda Item NO.7 A
January 15, 2008
Page 37 of 44
Co~r County
-- ~
- - -
ST AFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: NOVEMBER 15, 2007
SUBJECT: PETITION VA-2007-AR-12129, KALVIN VARIANCE
AGENT/APPLICANT:
OWNER: James and Ruth Kalvin
580 I Cedar Tree Lane
Naples, FL 34116
AGENT: Antonio Faga
7955 Airport-Pulling Road
Naples, FL 34109
REQUESTED ACTION:
The petitioners are requesting two after-the-fact Variances from the requirements of Section
5,03.03.D.4 of the Land Development Code (LDC) to allow a 7.4-foot Variance from the 20-foot
separation requirement for guesthouses from principal dwellings; and a Variance of 19 percent
from the maximum 40 percent size limit of guesthouses relative to the air-conditioned area of the
principal dwelling, If approved, these Variance requests would legitimize the current 12.6-foot
separation between the existing guesthouse and the principal dwelling; and the 735 square-foot
area of the guesthouse, which is 59 percent the size of the air-conditioned area of principal
dwelling,
GEOGRAPHIC LOCATION:
The 2.52-acre subject property is a canal lot located at 580 I Cedar Tree Lane, Golden Gate
Estates Unit 31, Lot 88, Folio # 38227520005, Section 20, Township 49 S, Range 26 E, Collier
County, Florida (see location map on the following page).
PURPOSEIDESCRIPTION OF REQUEST:
The applicants are not the original owners of the single-family home on the subject site, which
was purchased in December 2005. In June 2006, following the inspection of a properly
permitted propane tank installation, Code Enforcement cited the applicants for the guesthouse's
separation and square footage violations. Upon the applicants' subsequent research into the
Pelition I'A-20117-AR-12129
l'iI~e 1 of7
CCl'C !.laic: ,i'v'ovemhcr 15, 2007
.Agenda Item No. 7,A
January 15. 2008
Page 38 of 44
Building Review and Permitting Departmenfs records, they were unable to find building permits
for either the property's principal dwelling or its accessory guesthouse (which is not uncommon
for structures built prior to 1980, the year the County converted to an electronic archival system).
However, records they were able to obtain from the Property Appraiser's office indicated that
both the principal dwelling and the guesthouse had been in existence since at least 1979 (see
Exhibit A); and aerial photographs from the era also substantiated these structures' existence
/Tom at least 1981 (see Exhibit B),
Nevertheless, as cited above, the LDC requires a 20-foot separation between guesthouses and
principal dwellings, with the size of a guesthouse restricted to 40 percent the size of the air-
conditioned area of the principal structure (see LDC Section 5.03.03, Exhibit C), As previously
stated, the guesthouse is situated only 12,6 feet from the principal structure. and is 59 percent the
size of the principal structure's air-conditioned area. These figures represent an overage of 7.4
feet and 19 percent, respectively, which are the two Variance requests being made with this
application,
SURROUNDING LAND USE AND ZONING:
North:
East:
South:
West:
Canal, then single-family residential structure, zoned Estates.
Vacant, zoned Estates.
Single-family residential structures, zoned Estates.
Single-family residential structure, zoned Estates,
Aerial view of tlte subject property.
Pelif/on r'A-2(j(}7-AR-/2129
!'U!,:C:: of7
CCl'C /lOll': ,\'ovcmhcr f 5, 20()?
Agenda Item NO.7 A
January 15, 2008
Page 39 of 44
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The site is located in the Estates Land Use Designation on the County's Future Land Use Map.
The Growth Management Plan does not address individual Variance requests, but deals with the
larger issue of the actual use. As noted, this Variance is being sought for a guesthouse on a
single-family homesite located within a platted neighborhood of similar, single-family homes,
As residential uses are an authorized use in this land use designation, the sing]e- family home is
consistent with the Future Land Use Element (FLUE). Furthermore, guesthouses are permitted as
an accessory use to single-family homes; therefore, the uses on the subject site are consistent
with the FLUE.
ANALYSIS:
Section 9.04.0] of the LDC 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 font below, as general guidelines in making a
recommendation for approval or denial. Staff has analyzed the petition relative to these
provisions, and offers the following 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?
There is no ]and-related hardship. The lot is situated in a platted neighborhood, and absent
this Variance approval the petitioners would still have reasonable use of their property,
However, as the nearest neighboring structures are 250 feet to the west of the principal
structure and approximately 280 feet to the nOlih of the guesthouse (including separation
by a canal), it is only the applicants themselves who are being affected by the guesthouse's
illegal size and proximity to the principal 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 of the variance request?
Yes, As previously noted, the applicants are not the original owners of the single-fami]y
residence, which had the accessory guesthouse on the property for at least 26 years upon
their purchase of the home in 2005. The applicants assumed that the structure had been
properly permitted with the house and, therefore, met all the zoning requirements; and they
would not have purchased the property had they known otherwise. (In light of the fact that
the home did not have a garage when the applicants purchased the property, the guesthouse
is most likely a two-car garage that was converted sometime prior to 1979, which would
also explain its ]2.6-foot separation from the principal structure, as Section 4.02.03 of the
LDC, Specific Standards for Location of Accessory Buildings and Structures, requires only
a IO-foot setback between a single-family garage and the other structures on the property).
As such, this condition is pre-existing,
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?
Petition VA-20U7-AR~12129
Page 3 of7
cepe Dale: Nuvemher 15, 2U07
!>.qenda item NO.7 A
.. January ~15, 2008
Page 40 of 44
Yes. lfthis Variance were not approved, the guesthouse would have to be moved 7.6
feet away from the principal structure and reduced in size by approximately 83 square
feet, thereby creating a practical difficulty for the applicants,
D, Will the variance, if granted, be the minimnm 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 Variance would be the ITIllTImUm to allow a reasonable use of the
guesthouse. As the structure has existed on the subject propel1y for at least 28 years
without issue, approval of the Variance would not affect the standards of health, safety and
welfare. Furthermore, as previously noted, it is only the applicants themselves who will
have to endure the adverse consequences, if any, of the 7.4-foot setback reduction of the
guesthouse; and as shown in the photo below, neither the smaller yard area for the
guesthouse nor the more limited space between the guest house and the principal structure
The 12. 6-foOI ,\"eparlltioll between the principal dwelling (I.) and the guesthousl' (r.)
create an appreciable impact in terms of access and the movement of light and air.
Additionally, there is no safety issue associated with the recently installed propane tank, as
it was sited underground on the opposite side of the guesthouse from the main house, and
properly shielded from the structure by a 12-inch concrete bib. Regarding the guesthouse's
increased square footage, since leasing the oversized guesthouse-thereby effectively
doubling the propel1y's density-is explicitly prohibited by the LDC, vehicular access,
parking and other issues associated with increased density (the underlying basis for square-
footage limitations on guesthouses) will not pose a problem either. Finally, three of the
surrounding property owners have offered their written support for the gucsthouse' s
l'elllion VA-]()()7-AN-I] 129
!"I;;<,.fof7
('("j'(" fluk__ /'y'-"l'1'm/>cr 15, :!O1!7
Agenda Item No.7 A
January 15, 2008
Page 41 of 44
continued existence without further alterations or modifications; and the applicants have
provided staff with copies of letters-beyond the requisite LDC notifications-sent to the
owners of the remaining adjacent properties to the north, east (a vacant lot), and the more
westerly of the two abutting southern parcels, (As of the writing of this staff report, neither
the applicant nor staff has received a reply from these three owners.)
E, 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?
Yes. A Variance by definition confers some dimensional relief from the zoning regulations
specific to a site; and no similar Variances have been granted in the vicinity,
F. Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
Yes. In light of the considerable distance between the offending guesthouse and the nearest
neighbors' homes, and the letters of support (and lack of objection) from the remaining
surrounding property owners, approval of this Variance request would not be injurious to
the neighborhood nor detrimental to the public welfare. Furthermore, if approved, the
proposed Variance would allow the guesthouse to remain the same size and in the same
location it has been in without issue since at least 1979.
G. Are there natural conditions or physically induced conditions that ameliorate tbe
goals and objectives of the regulation such as natural preserves, lakcs, golf courses,
etc.?
Yes, The subject property is designated Estates, and the homes in the neighborhood are
situated on relatively large, 2,5-acre platted lots. As the Estates Zoning District establishes
liberal setbacks between principal structures-such as 75-foot minimum front and rear
yards, and 3D-foot minimum side yards-a sizeable distance between homes in the area is
inherent (as noted above, the closest neighboring structures to the illegal guesthouse are a
distant 250 feet and 280 feet to the west and nOlih, respectively; with, the property to the
north separated by a canal). Furthermore, because of the same zoning on the vacant parcel
to the west, this pattern of development will continue. Therefore, physically induced
conditions exist to mitigate the potential effects of the requested Variances, thereby
advancing the objectivcs of the applicable regulations,
H, Will granting the variance be consistent with the Growth Management Plan?
Approval of this Variance petition will not affect or change the requirements of the Growth
Management Plan,
ENVIRONMENTAL ADVISORY COMMITTEE (EAC) RECOMMENDATION:
The EAC does not normally hear Variance petitions and did not hear this one.
Petition VA-20U7-AR-/2129
Page 50f7
CCFC Dale: Novemhcr 15, 20m
~.genda Item NO.7 A
January 15, 2008
Page 42 of 44
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Planning Commission forward
petition V A-2007-AR-12129 to the Board of Zoning Appeals with a recommendation of
approval of the 735 square-foot area of the guesthouse and its 7.4-foot separation from the
principal dwelling,
EXHIBITS:
A. Property Card from the County Property Appraiser
B, Aerial Photograph
C. Section 5.03,03, Cues/houses. of the LDC
['eli/ion I'A-20U7-AR-12129
I'd?C 6of7
CC Fe null': Nov('lIlncr] 5, 2007
Agenda Item No. 7A
January 15, 2008
Page 43 of 44
PREPARED BY:
DATE
JOHN-DAVID MOSS, AICP
PRINCIPAL PLANNER
REVIEWED BY:
JEFFREY A. KLATZKOW DATE
MANAGING ASSIST ANT COUNTY ATTORNEY
RA YMOND V, BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the January 15,2008 Board of Zoning Appeals Meeting.
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Peli/ion VA-2007-AR-12I29
Page 70f7
cepe Dale: Novemher 15, 2007
Agenda Item No" 7/4,
January 15, 2008
Page 44 of 44
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
;-Trans NUmber-3aie- -- ~st Daie--
1781957-~-8/8/2007 925:OOAM--- ,?/8/200~__
:I"ayment Slip Nbr ~--:- J
IAR121.:1~.._ _
Appl Name: KALVIN, JAMES N=& RUTH P
Appl Stage/Status: COMPLETENESS STAGE/PENDING
Address: 5801 CEDAR TREE LN NAPLES FL 341160000
Proj Name: KALVIN VARIANCE
Type: TAZ: 89
Subdlv Nbr: 721
Project Nbr: 2007080002
Payor: RUTH P KALVIN
Fee Information
: jO'_''''--- I -",oo", w"'_e_L]
_ __ 13113832634195000000 __~_ 1123 00
13113832634127600000 $-500 00
_ _ 1}11383263412800000Q ~_ $40QO,00 _ _---.J
Total , _ $462300
Fee Code _
11LGAD
11PRPP
11ZVAR
----------
Descrip1ion . ___.
LEGI\L ADYERIISING
PRj:,A!'PLlCATION FEE
ZONING VARIANCE FEE
-----.".-
Payments
_1. Amount
._-L_ $4623,00
[~~~t~ode 'H~~ounIlCheCkNl1mber
Total Cash
Total Non-Cash
56~~:J
1_ $46I3QQJ
Total Paid
Memo:
Cashier/location: MCCAULEYKATY / 1
User: LEVYMIKE
Collier County Board of County Commissioners
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Printed:12/28/2007 10:28:47 AM