HEX Final Decision 2019-35 HEX NO. 2019—35
HEARING EXAMINER DECISION
PETITION NO. VA-PL20190000913 —325 Cocohatchee, LLC requests a variance from
Section 4.02.01 A., Table 2.1 of the Land Development Code to reduce the minimum rear
yard setback from 75 feet to 25 feet to allow for redevelopment or construction of a single-
family home and accessory structures on property located at 325 Cocohatchee Blvd., in
Section 22, Township 48 South, Range 25 East, Collier County, Florida, consisting of
3.23+/- acres.
DATE OF HEARING: August 8, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS: (Optional)
No members of the public other that the applicant's representatives were in attendance for this
meeting and no objections were received.
The variance requested is a result of the property being transected by a tributary of the
Cocohatchee River which decreases the building envelope as waterfront setbacks are measured
from the strictest point, in this case being the high-water line of the tributary. An existing single-
family residence exists on the property as a legal non-conforming structure. This request will
allow for the redevelopment or construction of a single-family home with a rear setback similar
to the existing structure.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20190000913 filed by Alexis
Crespo, AICP, of Waldrop Engineering, PA., on behalf of 325 Cocohatchee, LLC, for a variance
from LDC Section 4.02.01, Table 2.1, to reduce the minimum rear yard setback from 75 feet to
25 feet to allow for redevelopment or construction of a single-family home and accessory
structures on property located at 325 Cocohatchee Blvd., Naples, Florida, and further described
in Exhibit "A", as shown in the Site Plan attached as Exhibit "B", and as subject to the
condition(s) set forth below.
[19-CPS-01900/1490733/1] 1 of 2
ATTACHMENTS: Exhibit A—Warranty Deed
Exhibit B—Variance Site Plan
LEGAL DESCRIPTION: See Exhibit"A".
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
p 4,,
Date Mar, Strain, Hearing Examiner
Approved,.• to form and legality:
Sally A. Ashkar
Assistant County Attorney
[19-CPS-01900/1490733/1] 2 of 2
INSTR 5682346 OR 5606 PG 1256 E-RECORDED 3/11/2019 12:15 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 $6,650.00 REC $18.50
CONS $950,000.00
Exhibit "A"
Prepared by and return to:
Tracy L.Coghill,Esq.
Executive Vice President
First Florida Integrity Bank-Legal Department
3560 Kraft Road
Naples,FL 34105
239-325-3836
File Number: 2019T-012
Will Call No.:
Parcel Identification No.00157880005
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM-SECTION 689.02,F.S.)
This Indenture made this 11th day of March}, 119y t<1 ' Rust and Randi L. Rust, husband and wife
whose post office address is 3244 Bronson ' -e d, CT I County of Fairfield, State of Connecticut,
grantor*, and 325 Cocohatchee, LLC, a F .42,k mited liability comps se post office address is 10515 Valencia
Lakes Dr.,Bonita Springs,FL 34135 of e C.• i_• ,e,State of Florida, . t *,
r/
Witnesseth that said grantor, for an. in cmn '.-r.tio e, he .I. •f ; D •/100 DOLLARS ($10.00) and other
good and valuable considerations to sai. : .• o, in ,.i p i. . t: -rec.ipt whereof is hereby acknowledged,
has granted, bargained, and sold to the sai.'gr. tees, an ane � s :,1.d .ssi;_nss .rever, the following described land,
situate lying and beingin Collier Coun I. i • , i.
, Y g ,C r ,. ..
That part of the SE 1/4 of Se,tt6it 2, Township 48 Sout, Ra ge 5. st, Collier County,Florida,
lying East of the Seaboard Coa .. • Railroad and Nort"•:st r , ge e thread of the Cocohatchee
River being more particularly de ,ih�.a :s follows:
1, 0197
PARCEL 19: Commencing at the Norther . n SE 1/4 of said Section 22, run South
89°55'00" West along the North line of said SE 1/4 for 990.00 feet; thence South 00°32'16" East for
270.00 feet; being the POINT OF BEGINNING; thence continue South 00°32'16" East for 120.00
feet; thence run South 89°55'00" West for 404.43 feet to the Seaboard Coastline Railroad
Right-of-Way; thence run North 5°57'03" West for 120.63 feet;thence run North 89°55'00" East for
415.81 feet to the POINT OF BEGINNING.
PARCEL 20: Commencing at the Northeast corner of the SE 1/4 of said Section 22, run South
89°55'00" West along the North line of said SE 1/4 for 990.00 feet; thence South 00°32'16" East for
390.00 feet, being the POINT OF BEGINNING; thence continue South 00°32'16" East for 120.00
feet; thence run South 89°55'00" West for 393.04 feet to the Seaboard Coast Line Railroad
Right-of-Way; thence run North 5°57'03" West for 120.63 feet;thence run North 89°55'00" East for
404.43 feet to the POINT OF BEGINNING.
PARCEL 21: Commencing at the Northeast corner of the SE 1/4 of said Section 22, run South
89°55'00" West along the North line of said SE 1/4 for 990.00 feet; thence run South 00°32'16" East
for 510.00 feet,being the POINT OF BEGINNING; thence continue South 00°32'16" East for 120.00
feet; thence run South 89°55'00" West for 381.66 feet to the Seaboard Coastline Railroad
Right-of-Way;thence run North 5°57'03"West for 120.63 feet;thence run North 89°55'00" East for
393.04 feet to the POINT OF BEGINNING.
Subject to taxes for 2019 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record,if any.
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