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HEX Agenda 09/12/2019AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, SEPTEMBER 12, 2019 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. VA-PL20170001152 - Bonnie Baker Jones requests a variance from the minimum side yard setback in the Wyndemere Planned Unit Development Ordinance Nos. 79-81, as amended, and 81-29, as amended, for a Zero Lot Line Single Family Lot, to reduce the minimum side yard setback on the north side from 7 feet to 5.4 feet for the pool and 2.9 feet for the spa. The subject property is Lot 12 in the Golf Cottages at Wyndemer e subdivision, also described as 24 Golf Cottage Dr., in Section 19, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Timothy Finn, AICP, Principal Planner] 4. OTHER BUSINESS 5. PUBLIC COMMENTS 6. ADJOURN AGENDA ITEM 3-A cofffer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION- ZONING SERVICES SECTION HEARING DATE: SEPTEMBER 12, 2019 SUBJECT: PETITION VA-PL20170001152 (24 GOLF COTTAGE DRIVE) OWNERIAPPLICANT: Bonnie Baker ]ones 24 Golf Cottage Drive Naples, FL 34105 REQUESTED ACTION: To have the Collier County Hearing Examiner (HEX) consider an application for an after -the -fact variance from the minimum side yard setback in the Wyndemere Planned Unit Development (PUD) Ordinance Nos. 79-81, as amended, and 81-29, as amended, for a Zero Lot Line Single Family Lot, to reduce the minimum side yard setback on the north side from seven -feet to 5.4 feet for the pool and 2.9 feet for the spa. GEOGRAPHIC LOCATION: The subject property is Lot 12 in the Golf Cottages at Wyndemere subdivision, also described as 24 Golf Cottage Dr., in Section 19, Township 49 South, Range 25 East, Collier County, Florida. (See location map on page 2). Intentionally blank VA-PL20170001152 (24 Goif Cottage Drive) Revised: August 27, 2019 Page 1 of 8 X>< CD N ao c -4 C> C o �o N � v N (2 N co G) 0 n 2 v CD PROJECT 11 1" 17 LOCATION u ,o 1� iB sr 9 19 1s cd C Q w Z 20 � 77 r �zt 2, 6 0 (22) 22 LL J 23 23 5 emere % AV S 0 ti 4 s 2 24 2 3 C4)® 25 VT 1 OT .- 1 0 � 206 26 - f Location Map SITE WYND_E_ MERE LOCATION 14 15 13 }4 13 (�5) 16 16 PARCEL L 11 11 17 17 u ,o 1� iB ,a 9 19 1s e Q w �zo� 20 77 �zt 2, 6 0 (22) 22 LL J 23 23 5 �5 0 4 2 24 2 3 C4)® 25 VT 1 OT .- 1 0 � 206 26 - f __ 28 29 30 Petition Number: PL20170001152 Zoning Map PURPOSE/DESCRIPTION OF PROTECT: Per the Development Standards Section of the Wyndemere PUD, the required sideyard setbacks for zero lot line single-family lot is zero feet and seven feet. The subject property has the zero -foot setback along the south property line and the seven -foot setback is along the north property line. The petitioner is requesting a reduction from the north side yard setback from seven -feet to 5.4 feet for the pool and 2.9 feet for the spa. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of the subject property: North: Developed single-family residential with a current zoning designation of Wyndemere PUD (2.0 DU/AC) East: Golf Cottage Drive (local road), then single-family residential with a current zoning designation of Wyndemere PUD (2.0 DU/AC) South: Developed single-family residential with a current zoning designation of Wyndemere PUD (2.0 DU/AC) West: Developed golf course with a current zoning designation of Wyndemere PUD (2.0 DU/AC) Aerial (County GIS) VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 27, 2019 Page 3 of 8 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban Residential Subdistrict of the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. As previously noted, the petitioner seeks a variance requesting a reduction from the north side yard setback from seven -feet to 5.4 feet for the pool and 2.9 feet for the spa. The subject use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. STAFF ANALYSIS: In October 2016, the property owner had acquired the property at 24 Golf Cottage Drive. The pool, spa, and deck were constructed by prior property owners. Subsequent to the property owner acquiring the property, Collier County Code Enforcement opened a code enforcement case for an unpermitted pool, spa, and deck. The property owner was advised to acquire building permits for these structures. The Collier County Building Department had advised that a permit for the deck is not needed; however, the pool and spa will need building permits. At permit review, it was discovered that the pool and spa were encroaching within the seven -foot side yard setback, a 10' drainage easement, and a three-foot maintenance easement. Both these easements are located within the northern portion of the subject property near the north property line. It was suggested that the current property owner seek an after -the -fact variance to allow the pool and spa encroachments into the required seven -foot side yard setback. Pool and spa encroachments into 7' side yard setback - Per the Development Standards Section of the Wyndemere PUD, the required sideyard setbacks for zero lot line single-family lot is zero feet and seven feet. The subject property has the zero -foot setback along the south property line and the seven -foot setback is along the north property line. To determine zoning compliance with the LDC regulations for pools and spas, staff requires the dimension to begin from the outside coping of a pool and spa to the property lines on site plans and surveys. Per the boundary survey markup, there is 5.4' distance from the outside coping of the pool to the northern property line; thereby, resulting in approximately 1.7' encroachment into the seven -foot setback. From the outside coping of the spa there is 2.9' distance from the outside coping to the northern property line; thereby, resulting in approximately 4.1' encroachment into the seven -foot setback. (See Map of Boundary Survey - Attachment A) As these structures were constructed without the benefit of a building permit by prior property owners, staff is the opinion this creates a hardship for the current owner and has no objection of these encroachments via this variance. It should be noted that the survey shows two references that illustrate ".15' and .21 ' from property line to adjoining residence." In discussion what the surveyor, these measurements were taken from the edge of the single-family dwelling on Lot 13 to the common property line. Removable Wood Deck - It should be noted that the removable wood deck is held in place by clips and is removable for access to the adjoining single-family dwelling on Lot 13 and is 0.1' off the property line and does not touch the single-family dwelling structure.To determine whether the deck should be included within this variance, on July 24, 2019 staff conducted a site visit and took measurements of the height of the deck. Staff had taken measurements of the deck at four different points and the highest measurement taken was 19 inches. In LDC Section 1.08.02, the definition VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 27, 2019 Page 4 of 8 of a yard is "An open space that is unoccupied and unobstructed and that lies between a principal or accessory building or buildings and the nearest lot line. As used in this definition, "unobstructed" means a structure or portion of a structure from 30 inches above the ground level upward, and does not include permissible fences and walls. " Moreover, per LDC Section 4.02.01(D)(3), "Every part of every required yard shall be open and unobstructed from thirty (30) inches above the general ground level of the graded lot upward to the sky except as hereinafter provided or as otherwise permitted in this LDC. " As such, per these definitions it is the opinion of staff that the removable wood deck is not subject to meet setbacks as the highest point of the deck is 19 inches and is under the 30 -inch threshold; therefore, the deck is not subject to this variance. 10' Drainage Easement - In regard to the encroachments into the 10 -foot drainage easement, it was advised that the property owner correspond with the Homeowners Association and the County Attorney's Office to craft an Easement Use Agreement. It was found that the 10' drainage easement is owned by Collier County. The swimming pool was installed in 1985 resulting in an encroachment of 7.3' into the 10 -foot drainage easement and pool and deck were installed in 2004 which resulted in a 10 -foot encroachment into the 10 -foot drainage easement. In short, the County had no objections with these encroachments into the 10 -foot drainage easement and on March 14, 2017, the Easement Use Agreement was executed. (See Easement Use Agreement - Attachment B) 3' Maintenance Easement - With regard to the 3' maintenance easement, it was found that this maintenance easement is owned by the property owner of Lot 13, which is directly adjacent to the north of the subject property. In section 9.4 of the Declaration of Covenants, Restrictions and Easements for Coco Plum, (executed July 8, 1985), this is an overhang easement which is "An easement for encroachment, maintenance and repair of the building overhang of any Golf Cottage over and across the abutting lot in favor of the owner of the Golf Cottage with the overhang provided the overhang does not extend beyond three (3) feet from the owners property line and that the maintenance and repair is conducted in a reasonable manner and during reasonable hours. " (See Section 9.4 of the Declaration of Covenants, Restrictions and Easements for Coco Plum — Attachment C) It should be noted that the pool is not within this easement; however, the spa encroaches into this easement approximately three inches. The County has received correspondence from the property owner of Lot 13. (See Attachment D) It should be noted the County does not regulate private maintenance easements found in HOA documents. The decision to grant a variance is based on the criteria in LDC Section 9.04.03. A. through H. (in bold font below). Staff has analyzed this 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? No, there is no land -related hardship. There are no special conditions or circumstances peculiar to the location, size, and characteristics of the structure or building involved. 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 are the subject of the Variance request? VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 27, 2019 Page 5 of 8 Yes, the pool and spa were constructed without the benefit of a building permit by prior property owners and did not result from any action by the applicant. 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, it is possible that the existing pool and spa would have to be demolished and reconstructed out of the seven -foot side yard setback if a literal interpretation of the zoning code were applied. 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 Variance proposed would be the minimum Variance to allow the decrease in the side yard setback from seven feet to 5.4 feet for the pool and 2.9 feet for the spa. Approval of the Variance would not have a negative impact on standards of health, safety, and welfare. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested side yard setback decrease. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. E 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, as previously stated, the encroachments by the existing pool and spa has been existence for over a decade. As such, the granting of the variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health, and welfare. 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.? On July 24, 2019, staff had conducted a site visit onto the subject property and there were no natural or physically induced conditions observed that could ameliorate the goals and objectives of the regulations. VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 27, 2019 Page 6 of 8 h. Will granting the Variance be consistent with the GMP? Approval of this Variance will not affect or change the requirements of the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PL20170001152 on August 20, 2019. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA- PL20170001152, 24 Golf Cottage Drive Variance for a reduced the minimum side yard setback on the north side from seven -feet to 5.4 feet for the pool and 2.9 feet for the spa. Attachments: A) Map of Boundary Survey B) Easement Use Agreement C) Declaration of Covenants, Restrictions and Easements for Coco Plum D) Opposition Letter E) Application/Backup Materials VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 27, 2019 Page 7 of 8 PREPARED BY: TIMOTHY F I . , AICP, PRINCIPAL PLANNER DATE ZONING DIVISION -ZONING SERVICES SECTION REVIEWED BY: / zy /I � - RAYMOIN V. BELLOWS, ZONING MANAGER DA E ZONING VISION -ZONING SERVICES SECTION VA-PL20170001152 (24 Golf Cottage Drive) Revised: August 9, 2019 Page 8 of 8 STORM DRAIN AIANHaLE 05't3� C"0) V C) Q O ,Q DO r0 '4 2 •--ti 4 v) a CeNq G— FlP 1/2 '.Nlvl 3667 WOOD DECK EL 13.1 MAP OF BOUNDARY SURVEY =4r ,t G 1 STORY SINGLE FAMILY Y� Ss DWELLING s3 �56s 3� r3 � 73 EL 1 7 5.1 `36 , 66' POOL_ WOE DECK EL 13.1 �� EQ I1 a 1 STORY SINGLE FAMILY DWELLING ELEV 13.51 '0d» N76-521 'g�„ 42 2.69' [P� .7Z' �1N} PRIVACY WALL R= 45,00' A= 17.83' CH = S11'21'09"W 17.72' (P) CH = S11'15'29"W 17.72' (M) �-T PAVER = DRIYE I1 WALK POOL AND SPA TIES TO PROPERTY LINE POOL AND SPA, AS SHOWN, IS OUTSIDE OF COPING OUTSIDE OF COPING OF POOL TO PROPERTY LINE = 5.4' OUTSIDE OF COPING OF SPA TO PROPERTY LINE = 2.9' GARAGE PAVER DRIVE ELEV. 11.32 a� aQ A .P. TSB THE DECKING IS HELD IN PLACE BY CLIPS AND IS REMOVABLE FOR ACCESS TO ADJOINING BUILDING. THE DECK IS 0.1' OFF THE PROPERTY LINE AND DOES NOT TOUCH THE ADJOINING BUILDING. NOTES: ADDRESS: 24 GOLF COTTAGE DR PARCEL NUMBER 46070600009 ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED. ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.A.V.D. PARCEL CONTAINS 8093 S.F. (0.186 ACRES MORE OR LESS ). THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON AND NOT TO THE SIGNATURE DATE. FIRM, PANEL No. 12021 C 0411 H INDICATES THAT THE PROPERTY IS IN ZONE ".X". BEARINGS ARE BASED ON THE CENTERLINE OF GOLF COTTAGE DR. = N00'40'00"E CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN. ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. LEGAL DESCRIPTION: LOT 12, GOLF COTTAGES AT WYNDEMERE, according to the plat recorded in Plat Book 13, Pages 129-121 of the Public Records of Collier County, Florida I HEREBY CI RT F Y to: BONNIE BAKER JONES that an above ground survey of the above described property was made under my direction and that the survey and sketch are accurate to the best of my knowledge and belief. I further certify that this survey meets the Minimum Technical Standards in Section 472.027, Florida Statutes as per Chapter 5J--17 of the Florida Administrative Code. Certification is only for the lands as described. It is not a certification of Title, Zoning, Easements, Freedom from Encumbrances or construction set back restrictions. Abstract not reviewed. This Survey is subject to easements, restrictions (including construction setbacks) and reservations of record. NOT Vfi J NLESS SIQNV AND E Basso WITH stki- I DAVID C. H C L M A N, P. S. M., LL D .M. C. HOLMM. P.SNo. 8279 LAND SURVEYING 8384 LAUREL LAKES BOULEVARD NAPLES, FLORIDA 34119 [239 593-3299 (239) 289-6210 COPyMGIiT 2078. DAVID C. HOLMAN. P.S.M._ LLC.. ALL RIGHTS REE +9_xx 9.29 18' R RCED CONIC PIPE BASIN EAST 20.00' LLJ O LL1 Q D 48 LI— I D CD L0 -.I- Ni c0 0 v ifs w 0 0 P 0 ❑ z EQEM A/0 - AIR CONDITIONER B.Y. _ BENICH MARK C. _ CALCULATED MEASUREMENT C.B_S. •• CONCRETE BLOCK STRUCTURE C.U.E. - COUNTY UTILITY EASEMENT D.E. - DRAINAGE EASEMENT E.Q.P. - EDGE OF PAVEMW FIRM _ FLOOD INSURANCE RATE MAP M.E. - MAINT NAKM EASEMENT U- _ FIELD MEASUREMENT N.&Y.D. _ NORTH AMMGAN VER11CAL DATUM P. - PLAT DISTANCE U.E _ UTILITY EASEMENT VQ - VALLEY GUTTER SxkMQL4 a S.T,P, - SET 5/5' IRON PIN Q F.I.P. - rWND 51V IRON PIN E] F.C.M. - FOUND 4'K 4 CONCRETE MONUMENT .Q P.R.M. PERMANENT RMENCE MONUMENT • P.C.P. - PERMANENT CONTROL POINT O F.PX.D. _ FWNU PARKIF t-KALOH NAIL k DkSI( ❑, F.N.A. •• FOUN7T NAIL & DISH BENCH VARK _ CENSER LINE TIIQ _ M- PHONE SERVICE BOX A _ MnNC FIRE HYDRANT MWV - WATER VALVE fX}sI1C - IRRIGATION VALVE 0 U.L - FLORIDA POWER k LIGHT TRANSFORMER PAD 0 CATV - CABLE T&EVISION EI 91L - WATER METER S=TARY NEWER CLEAN OUT SANITARY SEWER IAAA40LE ca STORM SEWER CATCH BASIN UTILITY POWER POLE Q Iu = POLE ANNOR DRAW, K.R. CHECKED: D.C.H. DATE OF FIELD WORK: _ FEBRUARY S• 2018 i ROJXT IaO114 DATE : 02/18/2018 SCALE : 1 • b �• DRAWI4ari CC-LOTI2-REV FIELD SOCK:460/18 & 452/53 rt rt n 3 I'D D r -r 10 Attachment B INSTR 5380817 OR 5374 PG 109 RECORDED 3/21/2017 1:09 PM PAGES 7 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $61.00 EASEMENT USE AGREEMENT THIS EASEMENT USE AGREEMENT ("Agreement") is made and entered into this 1--k-oh day of Ma r-c,6s , 2017 by and between Bonnie Baker Jones ("Owner"), the Wyndemere Homeowners Association, Inc. ("Association") and the Collier County Board of County Commissioners ("County"), a political subdivision of the state of Florida. RECITALS: WHEREAS, Owner is the record owner of the fee simple interest in and to that certain parcel of real property known as Lot 12, Golf Cottages at Wyndemere, according to the plat thereof as recorded in Plat Book 13, Pages 119-121. of the Public Records of Collier County, Florida, more specifically shown on Exhibit "A." ("Subject Property") ; and WHEREAS, pursuant to Pages 119-121, of the Public Rei owner of certain non -exclusive -0 Property ("Easement Area"); 96( WHEREAS, the 1 Homeowners Association, M__W4io of which encumbers the Subject the Wyndemere WHEREAS, As pool was install Su j perty by a previous owner in 1985, resulting in a seven an a tenths (7.3) fo c t into the ten (10) foot wide drainage easement near the no undary line of the Property. Moreover, a spa and deck were installed on Subject P revio 2004, resulting in a ten (10) foot encroachment into the ten (10) foot I near the northern boundary line of the Subject Property, as shown on Exhibit "B' ents"); and WHEREAS, the County has no present objection to the continued use of the Encroachments within the Drainage Easement Area, provided that Owner agrees to the terms and conditions set forth below; and WHEREAS, the parties to this Agreement have reached certain understandings with regard to the Encroachments and now desire to set forth their understanding in writing for recordation. NOW THEREFORE, for and in consideration of the Recitals, the sum on TEN DOLLARS ($10.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: 1.The County and the Association hereby expressly consent to the Encroachments into the Easement Area depicted on Exhibit "B". �o [35- 6"W182/1280356/11 V.+ OR 5374 PG 110 2.Owner shall provide both the County and the Association whatever access they require to continue their non-exclusive drainage easement rights. 3 -The County agrees that until otherwise notified, Owner may continue the use of the Encroachments within the Easement Area, to the extent shown on Exhibit B. The County retains the right, however, in its sole discretion, to demand by written request that the Encroachments be removed from the Easement Area, which Owner will do at its sole cost and expense within a reasonable time from receipt of such request. 4.Indemnification of County: Owner and the Association agree for themselves and successors and assigns that they shall release, indemnify and hold the County harmless for and against any and all obligations, claims, liabilities, expenses and/or fees (including reasonable attorney's fees and court costs) including personal injury or property damage arising out of the use of the Easement Area by the Association or Owner, their respective contractors, agents, employees or invitees at any time while the Encroachm within the Easement Area. Further, Owner and the Association for themselves, s es to release and hold the County harmless from and against any igations, iabilities, expenses and/or fees (including reasonable attorney's e d court costs) include pe onal injury or property damage arising out of the use of the e a ty, in ud g but not limited to, damage which may occur to the Enc ac ents no ope do , maintenance, repair and/or replacement, as applicable of a the improvements and/or the infrastructure, which may no o in e t V n e ement Area. r�1�VVJ 5.Binding Effect: Thi r ement shall be bi ' g arties hereto, their respective heirs, successors an `vp s forever. C 6.Goveming Law: This A all be the laws of the State of Florida. �E CA IN WITNESS WHEREOF, the parties hereto used this Easement Use Agreement to be executed as of the day, month and year as first above written. Signed, Sealed and Delivers In the presence of- Witnesses: f Witnesses: . [� M%Bonnie Baker Jones, Owne 1 S, Print Name �I tore �i d Valentine_ Print Name yi~Y+W4 DEW A MARIE LEYY18 �� IJY C�pAid15SIDH i i3Ci DE�4 r E 5, AMMY 17.'1021 Bored Thv &4101iGlrir SUIMfA maw le v`�P� 5 [15 -EIS -03182/1280356/1] V - OR 5374 PG 111 Witnesses: e LlZ . IL, GEP+�Af Print Name t1bw vo-" vtQ' S atllre �fi K V('leVA+me- Print Name Attest: c DWIGHT B$CQCK,rCIwk l I ., '-A � b 01-41 Attest aittg6Qi , signature ons, _ roxed as to form and Scott A. 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G q� FF SO F043 13 1 STORY SINGLE FAMILY cccTTT ypF DWELLING g Og ILLEG R LUQ B R g comm ��0ip4ae ppm .. � o � V 12 g� aS Z LL 2$ +awl l iee� 1 STORY i w SINGLE FAMILY DWELLING NOTES: ADDRESS: 24 GOLF COTTAGE DR PARCEL NUMBER 48070800008 ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NOTED. ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON NA V D PARCEL CONTAINS 8093 S.F. (0.180 ACRES MORE OR LESS) . THIS SURVEY IS CERTIFIED TO THE DATE OF FIELD WORK AS SHOWN HEREON AND NOT TO THE SIGNATURE DATE. FIRM, PANEL N0.12021 C 0411 H INDICATES THAT THE PROPERTY IS IN ZONE -X-. BEARINGS ARE BASED ON THE CENTERLINE OF GOLF COTTAGE DR. a N00.00'00'E CONTRACTOFVOWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. (NEW NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. ( EXIST ) NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN, (EXIST,) ONLV EASEMENTS ON RECORDED PLAT DR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON LSGAL DINFI MM LOT 12. GOLF COTTAGES AT WYNDEMERE, 80cwVA0 b M plat r@cwwd M Pht Bods 13, Pq.115121 d Bo Public Reowda of Collar Caney, Florkla I Hadw CERTIry to: MARY HEIDERSON. PERSONAL REPRESENTATIVE tbM an above srawld arIMY dyre •Gere deVi4a0 pmpnry rfa nWa undN rtry Olaelbn wid IML dr •urwy and kkanll m ee 1111, n the boli d ml' knerdadpe arld betel. iyrdrar c*rey Mw eth aeayY meals yna Mlnlmum TaAnloN Slandarda In SeWon 472 027. Fb� sleeve m w CNptr. S - G, I•e of era Flyya Adnldaewlw Coda uw"wll -a"A M I" la Oakwlbad. I1 is ed a mlffkwlp dTaf•. 2en1np, Eaarrw+N, Freadwn Ill ErKumb goi n concl, elan sal bad nWNJWrR. Abwnd nm.rA.w .:nl{ Sw y Y aublact to sa•denwrbl, xwleEwv (e.dl av mn. ,,00 rwbadW ave iaawway* r MCANLY ENGINEERING William C. ld Aly. P.S.Y. 01543 Amn npainki imn.. === a®� 4 c aouavAAo awn a .encs .earn H� <a cave rAk cue arrr:rk R• 45.00' A• 17.83' CH : S11'21.OB1N 17.72' ._ 1 STORY K" FAMILY ea+Imu au: r. ar p over EAST ^J IIO7w ser > 20.00, �`7 ro" g Og ILLEG R LUQ B R V drat. S2 Z LL 2$ LBW82 LZG� �0 V T W U 74Qb w : Wnu""we waw�R a-� wawmrn.. eAr*aiwa.ran wwrwlaaar w �"'a•� wrw.aw aYwasa •*aa+na arRa aok aw,wn.r.oA.rr /d.• 'NlN . 0 ■ env c n„ rna� -F- _AMML Me Exhibit'B' CAO Attachment C an -8 FA OG I 1 kk 002163 !!! k 5 0 2 6 OR BOOK PAGE DECLARATION OF COVENANTS, RESTRICTIONS r � ' AND EASEMENTS FOR COCO PLUM THIS DECLARATION i?f COVENANTS, RESTRICTIONS AND EASEMENTS FOR COCO PLUM ("Coco Plum Declaration") is made this 8 4= day of July, 1985, by COCO DEVELOPMENT, INC., A Florida Corporation an_&WRPDEKERE FARMS DEVELOPMENT INC., A Florida Corporation, (both corporations hereinafter collectively referred to as 'Developer") and joined in by COCO PLUM ASSOCIATION, INC., A Florida Corporation Not For Profit, (hereinafter referred to as "Association") and WYNDEMERE HOMEOWNERS ASSOCIATION, INC., A Florida Corporation Not For Profit. u WHEREAS, Developer is or has been the owner of the real property more H particularly described on Exhibit A, at_tar1e eto and made a part hereof V (hereinafter referred to as the �ffl'T: I kor E WHEREAS, Developer in to de�ebsr has caused to be rndeveloped on portions of a'planned residety known as >"COCO PLUM" all in acc h applicable zonineJ ; nd WHEREAS, Developer desi/es U) 3 ro amenities of the Land and-fo E v restrictions, easa4-_nts,, rese}, A s4 N hereinafter set forth; fnd woo m W w WHEREAS, Developer`ls a c - the values and aieni tRkeri�jn a •ab � rn as THE COCO PLUI-ASSOTION, delegated and as igg� >,o ro administration, rinta'ha1n�, to provide for preservation o the v ues and Yjlec Land to the land use hrovenar)�s, atlans, regul`sTTisna�`6 rdens and\riens 1 � t ei�;i ffi e eserVation of Poed.as foie aido a to re raticl known 44.1 io which he b n a wi _ 1 bel f ownertlip . the en or covenants, restricir !Q easements, r-"FrvatioWK;-,FegulatTb contained herein �nd thb collection and disbursemM} of the charges as hereinafCrr Rirgre particularly set forth; "d WHEREAS, the LaN4 4ject to that certain "NW Nk DR ne nd liens and (as hereinafter defined); ,�- J f WHEREAS, the Master DC has been established FpvrSuant to the Master Declaration to enforce the r si�{r=i6hd' WHEREAS, the Master Associa 'fan_acid consent to this Coco Plum Declaration to acknowledge -joinder in the same; NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, Developer hereby declares that the Land shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, burdens and liens hereinafter set forth. ARTICLE I DEFINITIONS The following words and phrases when used in this Coco Plum Declaration shall have the following meanings: 1.1 ARC means the Architectural Review Committee as defined the Article VIII of the Master Declaration. 1.2 ARTICLES means the Articles of Incorporation of the Coco Plun Association, Inc. Prepax:ed by: Micnael E. Crane Esq. Maloney 5 Crane Chartered 6300 Tail Blvd, Naples, rl. 33963 1 r i (:1144 002165 OR BOOK PAGE Banking of the State of Florida; a mortgage banking company licensed in the States of Florida; and `Secondary Mortgage Market Institution' which includes the Federal National Mortgage Association. Federal ?time Loan Mortgage Corporation and such other secondary mortgage market institution as the Board shall hereafter approve in writing; and any mortgagee which has loaned money to Developer secured by a mortgage encumbering any portion of the Land. 1.16 LAUD means the land more particularly described on Exhibit A, which is committed by this Coco Plum Declaration to the provisions hereof and any additional real estate which may hereafter be declared to be subject to this Declaration. 1.17 LOT means a portion of the Committed Land upon which is or will be located a Golf Cottage or Golf Cottages, the legal description of which is set forth in the deed of conveyance of the Golf Cottage or Golf Cottages. 1.18 MASTER ASSOCIATION means Wyndemere Homeowners Association, Inc. 1.19 MASTER DECLARATION means the arratinr f Covenants, Conditions and Restrictions of Wyndemere record �gf a�Recgr Qok 916, page 1080, et. seq. of the Public Records of C 1t�Dyy6aae supplements and modifications thereto. ( �? 1.20 OWNER means t pKflef' t owners of the fee titI, or Golf Cottage located within t {+ petty identified as the and. 1.21 SINGLE FAnILY OCA�P T. Sing 1amil Ocroancy sha 1 mea and refer to occupancy by a �amflyluni ing of no Man five sults tubers. 1.22 SUPPLEM 'TAL 'CyARA N m Su Le al r 1 of Covenants, Conditions, and Festri os ¢o e on 09 u6 R o �f Coupty by Developer submit Ing or a p d o ao ad iiio� 1 d to t7ms a4d provisions of th s De , ararion. z 1 !i 1.23 WYNDEME e'..m�aos` _*IM-property. s' en 1 gol out a n]ty planned and bean " hoped upon the tea proper descri n t r er Declaration. Suc�tr�l includes variousyographi al a-eatconstituting stagoper of Wyndemere.�,{�ARTICLE II t 0ND RESTRICTIONS; CONYEYAI� 5E Developer does hereby de teltll�bO ,Wd, transferred, demised. sold, conveyed and accu ul cQtoo � t�Zcordance with the following: 2.1 LAND USE COVENANTS 2.1.1 Land. The Land shall be for residential use only. No commercial or business occupations may occur on the Land expect for the construction, development, sale and rental of the Land or portions thereof by Developer and use by Developer as offices. 2.1.2 Coal on Areas. The portions of the Land not included within the Lots nor dedicated to a party other than the Association shall be used and conveyed solely in accordance with this Declaration. 2.1.3 Land Use. The Common Areas shall be grassed or planted and kept grassed or planted as green openspace, or planted with such other form of ground cover or landscaping as developer of the Board consider consistent with the plan for development for the beautification of Coco Plum. 2.1.4 Private Use. The Common Areas hereinafter described are not for the use and enjoyment of the public, but are expressly reserved KI 0611kh 002167 On BOOK P&GE reasonably reg4eSted information and materials related thereto ("Plans") shall 6e submitted to the Board for its review. The Plans shall include. as appropriate, the proposed location, grade. eievatfons. shape. dimensions, exterior color plans, landscaping plans, approximate costs, and nature, type an color of materials to be used. The Board may also require the Submission of additional information and materials as may be reasonably necessary for the Board to evaluate the proposed construction or alteration. The Board shall evalutate all Plans utilizing standards of the highest level as to the aesthetic quality and materials and workmanship to be used and as to suitability and harmony of location, structure and esternai design in relation to surrounding topograph and structures. Any improvements on the Lots described on Exhibit A that are existing on the date of recordation of this Declaration ("Existing Improvements") shall be exempted from the approval required hereby, but any modification, alteration, or replacement of Existing Improvements shall b tt._to the provisions hereof if such Lot is wyihi' :-Lkee.iapd,� E) App the dim r su ha ap in su 0 no all ent ig moor se to approve 'Pli�n z+t re not suitable or des �IeJ hIor disapprovals of the Boar h3� Asent to the respective Owner ank hd;'BSar s to approve or to di5 �ropo ens w t11n f {3D) days ssion to t Boar then saidkPlaas s hppn anerove the Board an the ao dU.gtel u n h B d' ° il tofSvci nt w ti ha op of a 1 ter, al u ,n1ti h Owe appl i s i Board shall have Jch, in its sole 'Anv and all I 6writing and he ARC. In the pprov in writing iter heir al bel rdoriat r1 r, a F' fact, to it he t to fop inm tiZV ). If;'Fli'i'.hin CMTl!T(3U) ce and the Plans to the A he Tsa u royal or if an Owner fail c the Plans shall be de cP. herein to the contrary: emed to written Owner hall he Board val ion of the itten with thstanding F) In n� ion. Each and every memb 8f Board, spec fie eluding but not li e ��?�!) eloper's design a -we all A �i�i'�d the Association and the era a' t a � e> es and liabilities, including nd appellate levels, reasonably incur *+ ;mom upon him or her in connection with any proceeding, litigation or settlement in which he or she becomes involved by reason of being or having been a member of the Board. The foregoing provisions for indemnification shall apply whether or not he or she is a member of the Board at the time such expenses are incurred. Notwithstanding the above, in instances where a member of the Board admits or is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties, the indemnification provisions of this Declaration shall not apply; otherwise the foregoing rights to indemnification shall be in addition to and not exclusive of any and all right of indemnification to which a member of the Board may be entitled whether by statute or common law. G) Enforcement. There is Specifically reserved unto the Board the right of entry and inspection upon any Lot or other portion of the land for the purpose of determination by the board whether there exists any construction of any improvement which violates the terms of any approval by the Board, the ARC, or the terms of this Declaration or of any n:' I I %4 n02169 OR BOOK PAGE 2.2.2 Otber Provisions As To use of The Land. The following occupancy and use restrictions shall apply to each Orner and is lessees and their family members, guests and invitees_ A) Resldentlat Use. The Lots and all Lots enlarged, rOuced or recreated by the shifting or relocation of property lines are restricted to residential use with each individual unit to he rzstricted residence by a single family, their household, servants and guests. A construction shed or trailer may, at the sole discretion of Developer, be placed on a Lot and remain there temporarily during the course of active construction of a Golf Cottage Building. No other temporary buildings, including, but not limited to tents, trailers, tanks and shacks, may be place on a Lot without the written ronsent of the Association. B) No Trade, Business, Profession, Etc. No trade, business, profession,, or any other type of commercial activity shall be carried on upon the Land. Notwithstanding the foregoing, Developer shall h heme- "t_4 carry on construction activity and to nt 0� rtd_anv business necessary to cansum�iaN=_aJi.l e ce of Lots, Golf Cotta9es'�S7 proivi rtt.j:,�rep3 mor other develdfp 'ri[bin Wyndemere, int\not limited to the//r maintaining models and s �i es and have sji�ns►N&6 employees in the offices. Dev oper y, from time po ti m �i9n� tt1iS commercial usage right (inc ding the A-ightff a �arry on cv rauc.0 vity) to urh dther persohs or -4n s as Develo choose ile t the same p � � time/retaining su r' for itsel The pr hibit�on ago n rc' vi hi�the rection, xi n Ijry n ' e, an a th e i r i 0 the Qeveloper or f t e Ha ler ss cia i n, st ag�� acility or pry bib ted Y hic es (a errrirrd tern eft ed°), alio th tan a1�yt in t We contra h rein fQO fined, fttiekpl�ar ins arlg.r�h may contra Ithout CDrvdloper's prior written consk i for sollong a eloper oVm\at least one (1) Lot withinNndemere. n C) *seo-F-o . No Owner shall cause �erM"t O'dheffrom his age any unreasonable nisTess o ?XtrM. odors or or ernit to be carried on in h foo ttage or he Land any nuisance o mmipral or illegal activite�.l� D) Litter and` bikthM'nl—�,".garbage, Terip..pr�per shall sweep or throw from his Golfn ir—other materials or litter in any way on to trash, refuse or rubbish shall be deposited, dumped or kept on any part of the Land except in closed containers, dumpsters or other sanitary garbage collection facilities, and proper sized, closed plastic bags shall be place for pick-up in accordance with any rules and regulations promulagated by the Association. E) Rewaral of Sod and Shrubbery. Alteration of Drainage, etc. Except for Developer's acts and activities in the development Of Coco Plum and Wyndemere, no sod, topsoil, muck, trees or shrubbery shall be removed from the Land and no change in the condition of the soil or the level of any Land shall be made which results in any permanent change in the flow or drainage of surface water of or within Coco Alum or which detrimentally affects adjoining Lots or other portions of Wyndemere, nor shall any tree or shrub, the trunk of which exceds two inches (2") in diameter be cut down, destroyed or removed from a Lot without the prior express consent of the Association. No artifical grass, plants or other artifical vegetation shall be place or maintained upon the exterior 1` OR $GCK 002111 PAGE system for irrigation or sprinkler purpose is installed by the Master Association, the Association, or Developer, and the use of such system will serve a conservation function, then Developer, the Association or the Master Association, as the case may be, may require that an Owner use such water and such a requirement ray be promulgated by the Association as part of the Standards. K) Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. L) Sidewalks. Each Owner shall be responsible for keeping the sidewalk and bike paths abutting his Lot, if any, free from any obstruction and clutter including, but not limited to, bicyles, grass clippings and garbarge. M) Lighting. No lighting shall be permitted which alters the residential character_qL.]Ryndemere; provided, however, nothing herein-cami dd aIT`b"pemed to prohibit the maintenance oonjt e 2, �dk,_, iANtQddemere of lighting as installeigsiu'e eveloper or the AssociAlt a e pur'111-9ift 4 i roadways, sidf43 pathways of Wyndemere drCo 3 um. No ii tig' outdoor activity areas upo o% shall be p rmitt unless approved by the Association. N)J Yehic ar,)NVI�g. i) Ex t s pr d i the next sub- ara r'aph hkreof, no e,;f �a c p r cause, to be P4 'ikced ��dd the L nd, i cl d ng • n t m _ted 0 their Lo or i tks� ree s a• e o a s butting their Lo a rea io 1 v icle, h se rail p, b at, boat nc ud ' eithe tr cto 0tfailer or bo which ha rying ty ofd r 3/4 1 to ("Prohibited vehiclest for a eric ding four r�1 'hours. '-6.i ,i rsj recreational vehicle, ba bots f, panel ru pick-up truck which has aiiy•ng Vapac1ty not v�, 4 ton shall be permitted s&tihe kept in a lbs ge or screened fro I 4_'o all other oemere b Tandscaping approved As �JoJD. r, ay carrying capacity of ❑f over 4 , e y e close garage. iii) No maintenance or repair shall be done upon or to any vehicle (including, but not limited to, four wheel passenger automobiles) except within a closed garage and totally isolated from public view. iv) Nothing herein shall prohibit the establishment by Developer (or, after the Conveyance Date, by the Association or the Master Association) an area within Wyndemere designated and available for the storage of prohibited vehicles if the establishment of such storage facility is otherwise permitted by applicable government regulation and approved by the Association and the ARC. 2.3.5 Radio Transmission Equipment. No ham radios or radio transmission equipment shall be operated or permitted to be operated in the Land without the prior written consent of the Association. 2.3.5 Antannae and Aerials. Except as may be permitted by the Association or by Developer, no antannae or aerials shall be placed upon the Land. 9 ci'1I%% 0P7;13 OR BOOK PAGE severable, and an Owner shall not and may not sell, convey, demise, lesse. assign, pledge or otherMise transfer or encumber any of his right, title or interest in and to his respective Interests or any of such Interests unless sLcA sale, conveyance. demise, lease, assignment, pledge or other form of transfer or encumbrance includes all of his right, title and interest in and to the Interests including, but not limited to, the Golf Cottage and the Lot upon which it is constrYted. 2.5 RIGHTS OF DEVELOPER. Notwithstanding any provisiens in this Coco Plum Declaration as to use or otherwise to the contrary, Developer reserves the right to carry on construction, development and sales activities; place equipment, machinery; supplies and signs; construct and maintain models or other structures; and park vehicles of prospective or actual purchasers, lessees or employees and personnel of Developer on any part of the Land owned by Developer or the Association; and exercise the easement rights and all other rights granted Developer under the Coco Plum Documents. 2.6 DISPUTES AS TO USE. In the event there is any dispute as to whether the use of the Land or any portion..or-pt+rff665.ther_Qf complies with the covenants. restrictions, ease nes�¢1� v r r� ns cJntained in this Declaration, such dispute 1 e�i)e�ferra}r and a determination rendered by the Board w► such dispulEe s�ialt final and binding on all parties concerned tl kii� Notwithstanding anyhtJg h'gr64n to the contrary, disputes as/toLtoe rovision of Paragraph 2.2.t rid 2.2}2 or disputes regarding the decisi�,p�ns he Board shall be referred toe ARC ,land a determination enterE;d by fhft-ARC-w6th�espect to such disputft shalt be final and binding on all //parties cq erned th i•th--wI4-c y use by'�scvelo]{er of the Land or any part hereo det6xin' y De loper, In its solere on, to be in accordance wi Par gra h 2.5 abo ga ding rights of De]epee shall be deemed a use of he L } t lv"Vo such, determination by•Deve er S no su je�C a ur e d ternlii�ation or review to the cotrar J by tthe Bard i 111 ; �.� 2.7 CONVEY �1T% `$SS! carve p i rees th s sh lin vey to the Association ee 1 plc -0 e 1 a n A get w th the improvements los t t ereon upon the "Conveyanc�•-iRate" wh ch shal a on or before sixty (60); after the earlier of the fo�lowing ("Tur�oOtT vent"); i) The tof�reya ce by Developer of a tots f s¢ve r p cent (70Z) of the L Coco Plum (other than h 411; T7sted on Exhibit A-1) ; o +.' ii) Five yearshereof; orz f iii) When Developers 1 'win E a t11e development of Coco Plum has been completed; vr� .�_ �f iv) At such earlier time as Developer, in its sole discretion, may elect. All such conveyances to the Association described herein shall be by Special Warranty Deed subject to (1) taxes for the year of conveyance and subsequent years; (2) such facts as an accurate survey would show; (3) the terms and provisions of the Golf Cottages Documents and the Master Declaration; (4) easements, restrictions, reservations, conditions and limitations of record; (5) applicable toning ordinances and regulations. The Association by act or omission shall not seek to abandon, petition, subdivide, alienate, sell, hypothecate, release, transfer, mortgage or otherwise encumber the Common Areas without first obtaining the written approval of all Institutional Mortgagees as shown by the Public Records of the County and the affirmative vote of the Owners owning at least sixty-seven percent (67%) of the Golf Cottages. The last preceding sentence shall not be applicable to, or prohibit the Association from granting, such easements as are reasonably necessary or appropriate for the development of Coco Plum and the use thereof in a manner consistent with the provisions of the Golf Cottages Documents. 11 or -114k @V"['15 0.11 -$8(K PARE A.2.1 Responsibility of owners. A) Each Nner shall maintain in good condition and repair at his own expense_ i) All portions of his Lot and golf Cottage. ii) All ;,tility fines. ducts. conduits, pipes, wires and other utility fixtures and appurtenances whic'i are located -upon or under his Lot and which service only his Golf Cottage. iii) All glass and screens in windows and doors, in a manner consistent and in uniformity with the standards promulgated by the Association. Each owner shall perform promptly all such maintenance and repairs and shall be liable for any damages that arise due to his failure to perforq.sn intenance and repairs. Furthermore, s 1-a it ne t,%re--Qr willful misconduct of an Owner rfe h ee _ftluding, but not limited " wo-"tur,iming or repairing portio�,n5 it nd of the Comndtr4ra s,�++++N�-ch would otherwals a responsibility of tl'S]Css�tition, the Owner in;4u� shall be liable to the Asso a inn`, or the cost a N exp se so incurred and shall be subjb;t to special a sess�Vn et� refoTr 1 ' B)/ Each ner shall emptr report tothe Assoc ation' any def t o s ner r r r of the pro y c e ATt on a ar ther than that Own i res si le. 1 4.2.2 Lac in I rdir t p cvhd a means y hic the ovenants I thi c i o a ca main an bbftms of t is y be fu ed wi o jeep g e�Curity of W item ire by the possibility of adk:i5sion theretd 'a large ntj b Yoh landscaping or pool maintepance c�ntr4t ro and their age�t�, employees, the Associate•-Shalli be i o. ible for the iaa nce of landscaping and inf; rt cuYa_rQ care of each every( Lot within Coco Plum and jf ols.o;provide pool servic Cops Ing of appropriate chemic �rnafhenance and periodic Fe Ss to any Lots upon w §y zing pool is constructe p+Favi ver ❑"f )a3intenance shall not extend to rea1S Rqquufr-in YH ga(mnance such as rose gardens or are as�s{fe6 itSll�d+ 4" d by the Association as an Area of High Maintenanr-e�__nnc' hat -1 -an Owner be hereby prohibited from providing pool services to his own pool. Areas of High Maintenance shall be maintained by the Owner of the Lot or by such special arrangement as Ray be approved by the Association. The Association shall contract for the maintenance of the Lots and the last shall be an Association Expense. 4.2.3 Maintenance and Repair of Comon Areas. Maintenance and repair of Common Areas and any improvements located thereon is the responsibility of the Association including landscape maintenance and drainage maintenance. The Association shall not waive or abandon the foregoing maintenance obligations without the prior written consent of all Institutional Mortgagees. ARTICLE V ASSOCIATION EXPENSES In order to fulfill the covenants contained in this Declaration and in order to maintain and operate the Golf Cottage Buildings and the Common Areas for the use, safety, welfare and benefit of Owners, their families, invitees, 13 of:I I %6 PO? I I I OR BOOK PAGE against any order, judgments andJor decrees which may be entered therein. Included in the foregoing provisions for indemnification are any expenses that Developer may be compelled to incur in bringing suit for the purpose of enforcing rights hereunder. or for the purpose of compelling the specific enforcement of the provisions, conditions. covenants and restrictions contained is this Coco Plum Declaration to be kept and performed by the Association and/or the Owners, including the payment of Association Expenses. Further, the costs to the Association of indemnifying its Officers and members of the Board of Directors for all costs and expenses whatsoever incurred in the pursuance of their duties, obligations and functions hereunder and in any legal Gafense of such actions or in settlement thereof including, without limitation. counsel fees and costs at all levels of any trial or appeal or other proceeding, costs or investigation and discovery, any rccovery, etc. Nothing in the provil tT� S'� p11 5.1.6 shall require an Institutional ll6rt9- 9- �nji ci• i'bq Expenses or portion thereof att hl s s to �n._to indemnify and save harm) D per in accordance wi s agraph. Any such As c at •penses shall be reall❑ca d �st the Owners other Oar Institutional Mortgagees. ti 5.1.7 Eijrcemefit. ny and al•l--expenses urred by the As1 ociation i enforcing Whevenants, a tractions term and tnditi ns of thisoat eclarati n or into ing a y(lefaulC,,vf'aztIonur ate+--eraa rdg;hy sZch 5.1.6 OeservR Fu ds. he astk tW tli di!creti n of the s io a eq ate r for'r_e ace e a dJ❑r pa shm aea ou t� ermined or land sufficient by theon. ach a Qpw ridges, understands and consents tha suc resgr�e funds ar Lit xclusive property of the A �ciat' n *whple and tha er shall have any intere�;"cla m or fight to any rese' e _ s. The Association shall b s ns�le for maint ng a reserve funds in a separa eiiryy4 account and to use'si+[ only for capital cost odexp�nses as aforesaiat , 5.1.9 Miscellaneous fin. h i� t o al items of expense Earp qr P pertaining to or for— e f Common Areas or any part thereof. or the AssociafTn--I "Coca Plum not herein specificially enumerated and which is determined to be a Common Area Expense by the Association including, but not limited to, the cost of refuse collection if billed to the Association and not individual Owners and the cost of providing security services to Coco Plum in the event the Board of Directors elects to provide such services. ARTICLE VI METOD OF DETERMINING ASSESSMENT OF ASSOCIATOM EXPENSES 6.1 ASSESSMENTS. It is hereby declared, and all Owners and the Association agree, that the Association Expenses shall be disbursed by the Association out of funds assessed and collected from and paid by all Owners in Coco Plum. 6.2 DETERMINING INDIVIDUAL ASSESSMENTS. 6.2.1 As provided in the Bylaws of the Association, the Board shall prepare an annual estimated Budget which shall reflect the estimated Common Area Expenses. Thereupon the Board of 15 [�lll4� U;12,15 OR 8O©x PAGE Improvements on the Lan(. and also any other assessments in addition to the Individual Assessments as shall be levied by the Board of Directors as a result of: i) extraordinary items or expense -under this Declaration; ii) the failure or refusal of other Owners to pay assessments of Association Expenses; and iii) such other reason or basis determined by the Board which is not inconsistent with the teras of any of the Golf Cottages Documents- Notwithstanding anything to the contrary herein contained, it is recognized and declared that Special Assessments shall be in addition to, and are not part of, the Guaranteed Assessment and any such Special Assessments assessed against Golf Cottage Owners thereof shall be paid by such Owners in addition to any such Guaranteed Assessments. Special Assessments s'. -.all be assessed in the same manner as the Individual Assessment. Special Assessments shall be paid in such installments or in a lump sum as the Board of Directors shall, from time to time determine 6.5 LIABILITY OF OWNERS FOR INDIYIOUAL ASSESSMENTS. By the acceptance of a deed or other instrument of conveyance of a Lot in Coco Plum, each Owner thereof acknowledges that each Lot and the Owners thereof are jointly and severally liable for their own Individual Assessment and their applicable portion of any Snecial Assessments as well as for all assesvQAts for which they are liable as provided for herein. Accordingly -.1 t su q.� ific limitations, it is recognized and agreed by eac, ertmslfn is�rs, exececors, suc- cessors and assigns, that _ifs to-i� rrr�;e -io pay their Individual Assessment or a .- n thereof or they re p4tNe portions of any Special Assessments, t other Owners may be res pon �Ieefpr•.increased individual Assessmen�S o tial Assessment due to the no $yment\by such other Owners, and such ingFease ndividual Assessment or Special Assess. nt can and may be enforced by hi7e A of 2 on ana Oft Developer in the s�gie man er as all other assessments erJ�p'ay'a-"§P err ed in thisharation. a li 'talions applicable to I Coges owned by ev u r insofar; as Special Ass sments are concernedalapr f a�astes.m ti ram �.failure of an neris s sm a ereo . E �N AF(T I C E Y £ OF L.1 r( )�" 7.1 LIENS. �3ntid all Individual Assessment for Associa oaf enses, and Special Assess �$ nd all installments thereo'JAcolldctiv-13L,t� "Assessments") witF ' �st thereon at the highest ate a to law and costs of collection; in uo ng attorneys' fees are hlr y de ��,�° be a charge and continuity le`d n Lot and/or Golf Cottage n x}acn each such Assessment is made. E h e mens against a Lot and/o 'Mage, together with interest thereon a tt �t non -usurious re y law land if no such rate is specified by T�tht at eighteen prxnt� per annum) and costs of collection thereof, slid �xtto� �_�fes, 1 be the personal obligation of the person, person >3r►tity pwnar�g triet and/or Golf Cottage assessed. Said lien shall be effectiv"nly-ff-om"and after the time of recordation amongst the Public Records of the County, of a written, acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon full payment of all sums secured by that lien, the party making payment shall be entitled to a recordable satisfaction of the statement of lien. Where an Institutional Mortgagee obtains title to a Lot and/or Golf Cottage as a result of foreclosure of its mortgage or deed given in lieu of foreclosure, such acquirer of title, its successors and assigns, shall not be liable for the share of Assessments pertaining to such Lot and/or Golf Cottage or chargeable to the former Owner which become due prior to the acquisition of title as a result of the foreclosure, unless such share is secured by a claim of lien for Assessments that is recorded prior to the recording of the foreclosed mortgage. Such unpaid share of Assessments shall be deemed to the Assessments collectible from all other Lots and/or Golf Cottages in Coco Plum. The foregoing shall not excuse and Institutional Mortgagee from payment of Assessments pertaining to a Lot and/or Golf Cottage which accrue during the period of ownership of such Lot and/or Golf Cottage by such Institutional Mortgagee whether or not such Lot and/or Golf Cottage is occupied. 17 8.1.2 f.N11% M181 OR BOOK PAGE arising out of a single occurrence. She co►erage of the liability inserance policies purchased by the Association shall Include protection a-ytinst liability dor property damage, bodily Injuries and deaths of person in connection with the operation, maintenance or use of the Common Areas, legal liability arising out of law suits related to employment Contracts of the Association, winter damage liability, liability for non -owned and hired automobilES. liability of hazards related to usage and liability for property of others. All such policies will name the Association (and Developer for so long as 'Developer shall own any portion of the Common Areas as their respective Interests may appear) as the insured under such pnlicy or policies. The insurance purchased shall contain a 'severability of interest endorsement', or equivalent coverage, which would preclude the insurer from denying the claim of an Owner because of the negligent acts of either the Association, the Developer of any other Droners or deny the claim of either the Developer or the Association becausi-a-the_ngligent acts of an Owner. casualty Ins r�ir. it iDds� cy or policies of insurance 1 i any improvements now locd>e may hereafter laltadbuilt or placed upon tj� Cn Areas against loss or a ed by or resu]tin�+�r m at least the following: f and other hazards covVired by he standard extended coverage er�+{orsem6nt, sprinkler leakage, in storm. va al ism. mali.ious misclf. lister damage, dgbris opmov earolit,`and,srizh other t1sks as the Association shall d ermij"re customarily covd ed w th respect QDa&fttsn si 8.1.31 j y c rerag d a s dt hon alis Aisoct >F aep�nhible -for handling funds of, t Lb the form of fidelity bond r nts unless one or more of by all Institutional M ruc ion, ocation 17 tv pont t cers an ellplayes v the all of rs he . arW and are the As orj,.^r}ucfi coverage which meet the"following of bre waived ev A) 518n shall name the Associatianao¢yirgee; B) Such kct 1�1 be written in_ann - tN 1 to at least one hun of pertenL115r7 �aT� tmated annual Associati E�esg;and, t C) Such amounts shag contair�-*atv rs of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. 8.2 MISCELLANEOUS INSURANCE. The Association may also obtain such forms of insurance and in such coverages as the Association shall determine for the protection and preservation of the Common Areas. Such insurance may include, without limitation, workmen's compensation insurance and flood insurance. 8.3 POLICY CANCELLATION. All insurance policies and fidelity bonds obtained by the Association shall provide that they may not be cancelled or substantialy modified without at least ten (10) days' prior written notice to the Association. 8.4 INSURANCE TRUSTEE. The Board of Directors may, if it deems it to be in the best interests of Coco Plum, provide that insurance policies be deposited with an Insurance Trustee whose duty shall be to receive any and all proceeds from the insurance policies held by it as such Insurance Trustee and to pay such proceeds to the Association pursuant to the terms hereof. 19 OR BCOK the Land and the private roadways located or to be located thereon to and from publicly dedicated rights -of -ray. 9.8 ASSIGNMENT; ADDITIONAL EASEMENTS. The easements reserved hereunder unto Developer may be assigned by Developer in whole or in part to the Association, any city, county or state government or agency thereof, or any duly licensed or franchised public utility. or any other designee of Developer. The Owners. by the acceptance of a deed of convey5nce of a folf Cottage, authorize Developer and/or the Association to execute on their behalf aild without further authorization, such grants of easement or other instruments as may. from time to time, be necessary to grant easements over and upon the Land or any portion or portions thereof in accordance with or to implement the provisions of this Article. Notwithstanding the foregoing, no such easement shall be permitted or deemed to exist which caeses any buildings. permanent structures or other permanent facilities within Coco Plum which have been constructed (1) in accordance with the Coco Plum Documents; and (ii) prior to the use of such easement; to be materially altered or detrimentally affected thereby nor shall any such easement be granted or deemed tq_exist_,ynder any such structures or buildings so built in accordance _i t De �17n nd the Golf Cottages Documents prior to the actuals rs o tt s ne �,�??e�f° �eg�oing shall not preclude sch easements un��ef hese i "9--1 rsMQM110C h0r than buildings or structures provided that,,tll en3a ment of t(i Ss nd the installation of facilie" vection therewith wool rst in other than minor, temporary ltUa ons to such improvements athe. an building or structure (such as, pint not• imited to, temporary alteration''ar rem6val of a fence or temporary Oxcavatrlori`-TtFin—a`Aaved area) a d provide&, that %game is repaired and/or re Cored/by tkigi o m making use o easement �t its, expense and within a reasoiable]time therear. ,� 10.1 TAKING Rf.PARII Declaration the wo1rw Area") for any pubU is t by the exercise ofd ear authorized to exerciV called "Condemnation ) Taken Area shall terra provided to be paid fo date of such taking. �Th condemnation proceedings the condemning authority the condemning authority. portion oT the � Burin gA any portion ar he ammo Areas quasi -public purpose by ary lawful �Svht of eminent domain or by!� reerc u right (hereinafter for rp Declaration and all obll' iorj -e'ah4 expire on the date of such urjr- en Area shall be apportia J[ Lrif gn shall represent_L e, � S111in of •Lha CA eLterinh* this e tekenl("Taken owe�4thority tT�reis those e p�f iii Paragraph h¢C�yr as to the q g,, Mynd Expenses an aid to the y in the pr' agreements with or part thereof. by 10.2 DIVISION OF AWARDS. The rights of Developer and other Owners in and to the net award or awards ("Taken Area Award") after any Condemnation (after reasonable fees and expenses of collection) shall be determined as follows: 10.2.1 To the extent that Developer owns any Golf Cottages or Lots. Developer shall participate in any Taken Area Awards for its interest in the Common Areas along with and to no lesser degree than other Owners. 10.2.2 The Association shall have the right to attend and participate in all hearings relevant to the Condemnation and to receive notice from Developer of such hearings. 10.3 REPAIR AND PLACEMENT. If any improvements upon the Common Areas not included in the Taken Area shall be damaged or partially destroyed by and Condemnation, then the Association shall proceed with reasonable diligence to demolish, if necessary, and to construct, repair, replace or rebuild such improvements so such improvements are complete and in good condition and repair. The Association shall hold that portion, if any, of the Taken Area Award which represents consequential damages to said improvements or replacements thereof in trust for application of the same to the cost and expense as herein provided. 21 ka M V.11%% 092185 OR BON PAGE 12-4 Prior to the conveyance of ane -Mira 1113) of the Lots, Dev0tq*r nay amend this Declaration provided that such amendment does rpt materially and adversely affect any awner's, other than Developer's property rights. this amendment shall be signed by Developer and a copy of the amendment shalt be furnished to each Owner, the Association ani all Institutional Wprtgagees as soon after recording thereof amongst the Public &econds of the County, as is practicable - 12.5 Notwithstanding anything contained in this Declaration, the Developer In its sale aiscretion without the consent of any Owners or the Association may execute and record a Supplemental Section Declaration to this Declaration and with the consent of Developer, an Existing Owner may execute a Joinder and Consent, declaring additional Land within ksInderere to be subject to al. of the terms, conditions, rights and obligations of Owners of Lots or Golf Cottages on the Land already committed. 12.6 No amendment shall be adopted which shall impair or prejudice the rights or priorities of Developer, the Association and any Institutional Mortgagee under this Declaration without the specific written approval of Developer, the Association or any Institutional Mortgagee affected thereby, nor shall any amendment which would affaet` sur at"e-warter management system, including the water management rp hf EL@fr p__Areos to be made without the prior approval of the 5pdfo Piot 1ta r- MnageinentE01"S rict. 12.7 The following i% Owners owning at leas s t� Golf Cottages: �s 12.7.1 Amend Articl d�termi ing mayheCe12.7.2 mendnsur he C r L1. ts•shalI require the aff ven percent (67%) of the i-areta.qfo W tions. assess" t �nnk�A, � Z� ell a�#ion r i t Cel ARTICLE XIII TERM_ s of the Lots and change Abe method of . or other chirges which the minimum ildibgs or This Declaration a -the terms, provisions, conditi6RV,,golena9ts. restrictions, reserva I& ns uIa"Ions, easements, burdehs'an6-liens contained herein, including withols.t i i on, the provisions fpr' s§kssm�nt of a Golf Cottage, shall run with a�tdnd nd andjinur_e-t6'tfie'%0eoefjt of Developer, the Association, Owners and�ieirjr$¢ 1ve ly epri stntgtives, heirs, successors and assigns fora term oiE i ty{�S+-b the date of the recording of this Declaration am"g-st1 Pu lrds of the County, after which time this Declaration shall be automatically renewed and extended for successive periods of ten (10) years each, unless at least one (1) year prior to the termination of such ninety (90) year term or of any such ten (10) year extension thereof there is recorded amongst the Public Records of the County, an instrument signed by the then Owners owning two-thirds (213) of the Contributing Lots and Golf Cottages and all Institutional Mortgagees in existence one (1) year prior to the termination of such term or extension agreeing to terminate this Declaration, upon which event this Declaration shall be terminated upon the expiration of the ninety (90) year term or the ten (10) year extension during which such instrument of termination is recorded. ARTICLE XIV GENERAL PROVISIONS 14.1 NOTICES. Any notices or other communication required or permitted to be given or delivered hereunder shall be deemed properly given and delivered upon the mailing thereof by United States mail, postage prepaid, to: (i) any Owner, to the last known address of the person whose name appears as the Owner on the records of the Association at the time of such mailing; (ii) the Association at 23 Gt:I I t OR BOOK 8�xl8� PAGE 1A1'ADEN.ERE FAWS OEVELOPKENT, INC. A Florida Corporation coca -i:Tra -Assoc I Allow, r■ A Florida A'ot-for-Pro it Corporation .Joined In, Acknowledged and Consented to by the following: WYNDEMERE HOMEOWNERS ASSOCIATION, INC. a Florida Non -for -Profit Corporation STATE OF FLORIDA )� COUNTY OF COLLIER I HEREBY CERTIF th his day benJ7e u e- an office dl qualified to take acknowledgmen personall ppea Ar �Fti y1 to me known to h the s�r c b n n x 1, ed he egoi� instrument and lnowltfdge be e uh that h x cu e th s WITNE aforesaid this i sal n t County d Z - ' i . 191 S NeNOTAR? PURL r } MY COMMISSION /Its r tbuq Pam:( bty eoa,m:teiac 1 0 STATE OF FLORIDA ) r .J �} COUNTY OF COLLIER )ss: �r I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared rT'✓s s r ., !;;;. to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and offici i seal in the County and State last aforesaid this day of ! _ 198 5 - MY COMMISSION EXPIRES: t•f, :. r N014 --r Po:!':. state of Ps'ida fly Cor:611;-n Fq:rc: IrS. is. 1Tob � t!> a i 25 Oi'! 141 002189 `GF flR BOOK PAGE a WMSJti, M11ii R. EGRION b7i S PEEK. MC 011 1 Ex11I$IT "A' DESCRIPTION OF LA14D PLATTED All of Parcel SS -17 of "Replat of part of Wyndemere Tract Xap' according to the plat thereof as recorded in Plat Book 13, pages 39 through 43. Public Records of Collier County, Florida; also included thereto all that part of parcel 'CC' of said "Replat of part of Wyndemere Tract yap' being more particularly described as follows: Commencing at the northwest corner of Lot 59 of "The Lodgings of Wyndemere, Section One" said northwest corner of Lot 59 also being the northwest corner of Parcel S-3 and a point lying on the boundary of Parcel C of "Wyndemere Tract yap' according to the plat thereof as recorded in Plat Book 13, pages 3 through 7, Public Records of Collier County, Florida; thence along said boundary of Parcel C in the following four (4) courses: 1) southerly 60.08 feet along the arc of a tangential circular curve concave to the east, havin a radius of 675.00 feet and being subtended by a ch w h �o outh 2'-58'-03' West 60.06 feet; 2) South 0'-25'-09' 1S f A,� 3) southeasterly 39�ie ong the ard„ ential circular curve concave �h rtheast, having a iu 25.00 feet and being sub)(e y a chord which bears >ii '-34'-51" East 35.36 f et; 4) South 89'-34'-51"ir =T77. 4 feet to a point the\, westerly boundary of sa id Pa cel and t e �F BEGIN. NG � the parcel also includF thereto; thence al ng t e t erl est nd, Ste ibou`j`�'ary of said Parcel ' �e n t he a ) deFcribed courses: a i} 1) South 89' 4' 51' as 2 0. f 2) EasteC S. 3 f t to g. 'nn c of to ge t�alrcircular curve} oqc hen t v a r ill o 4;4166 feet and b i,w•l' ubtended by a chord r�4'ch be s No �T4� 12'-35" East 1 5. $, feet; 3) North ��a�)Dk'-00' East 40.87 feet..) +�J� 4) northea3tq 30.54 feet along thF s qrf g ntial circular' du a concave to the n0rth�t;-st v- Ja radius of 25.00 fee��na'teing subtended by a ch -k- bears North 45'-00'-00 8 8.68 feet; r 5) North fU 10'-0+�*ct 39.96 feet; 6) northerly 69.3Arfeey .0, m- Lire -arc v gential circular curve concave t(i;; h� b^Sr w& a us of 137.00 feet and being subtended�lay�a `hard w- ears North 4'-30'-00" West 68.60 feet; '- 7) northerly 112.63 feet along the are of a tangential circular curve concave to the east, having a radius of 176.00 feet and being subtended by a chord which bears North 0'-40'-00" West 110.72 feet; (continued on page 2) } If or -IM 902191 iv POR BOOK PAGE -- tt•:1 SOV, v�LLE R, E!in70M, S��LI 6 r•E E,:, J4L. r -I- thence leaving said boundary of Parcel 'CC', South V -05'-28' West 50.00 feet to a point on the southerly boundary of said Parcel 'CC", thence along said southerly boundary of Parcel 'CC' in the following five (5) courses; 1) North 22'-54'-32' West 96.41 feet; 2) westerly 140.91 feet along the arc of a tangential circular curve concave to the south, having a radius of 472.37 feet and being subtended by a chord which bears South 88'-52'-44' West 140.38 feet; 3) South HO' -00'-00' West 224.85 feet; 4) westerly 114.32 feet along the arc of a tangential circular curve concave to the north, having a radius of 628.66 feet and being subtended by a chord which bears South 85'-12'-35' 'West 114.16 feet; 5) North 89'-34'-51'.� sl� 0 � d he northeast corner of Lot 60 of said �X�I_ ot�gS�( o 'w -y ed ems. Section One' and the westerly bou gr*&VF Parc" r thence along said. e 1 boundaryof PO North 0'-25'-09' Eagt �0j iia- feet to the Point of eg 4rni�g of the parcel also y�rclu3�A thereto; being a part of�IParceA rte4--o+-AReplat of part of ndem,re Tract Map' (Plat Book, 13, ag 3 thr�vgh-#3)., �ollier unty,� Florida; also included here o al th par of Parte 'SS-16� of laid 'Replat of par of Wyn emere T o� M ' beinj more pa tic+ilarly described as cell!.tee Irv-, -"I Commencing at.sai r er�o f r 5 a Lodg ng of Wyndemere, Setia or haves n r f '9 alfo being the northwest core 5 3 n point yi g th boundary of Parcel "C" r a,g cccordi g o h�a...p at thereof as re a�11 3, 3 t clic Records of Co 1�er County, Florida; " i thence along s undary of Parcel 'C" the poll�wi'9 four (4) described tours n 1) southerly 6 p et along the arc of �an-ta n 'al circular curve concav ! east, having a radiu�j-�F i�jjf S,. feet and being subtende b Nord which bears Sou 2' -08' Nest 60.06 feet;' 2) South 0'-25'-09" tet; 3) southeasterly 39.27 ee l % t(h� C = 4Dua tangential circular curve concave to the n try Y, aAi ..radius of 25.00 feet and being subtended by a c�rcrfrd-_,sictr�sears South 44'-34'-51' East 35.36 feet; 4) South 89'-34'-51' east 112.24 feet; (continued on page 4) it=. --- �------- -�--v-- `L u Attachment D August 27, 2019 Collier County Growth Management Department Mr. Timothy Finn Mr. Finn Regarding petition no. VA-PL20170001152 1 want to present the attached information for the hearing. I do appreciate being able to speak about my complaint. Robert Lazarchik 26 Golf Cottage Drive Naples, FL 34105 239-263-0062 MAW ■W A ■ Ll !I i �� �� � � �• �<:7��'� z` z '� ,. � _-�� �\%� � � �_�--- � � � � � � �` � �� � � � '_ � . ��»/� �� |� � �� � ' ��_ a _ �■ KE1Ei H FAVOR OF LOT 13 ViUE FS A 3.0' ROW O'AERliMFG EIMI IIT, A 2R' FRILREIATNON FR]OTER EASEWENT, AND A 5.a' REPAIR AND NJWTERANCE FASEJAENT RE00ROm N OA 9OCNS 11285 PACES 1006 THROUGH 1010. FRONT = 25.V FROIL BACK OF CURB ODE = a OR A ►NNLILLIY OF 7.0' AM 1A.Dr BETWEEN PRINCIPAL STFdJCTURE REAR = 15.0' REAR ACCESSORY - 143.0' PARCEL GG -1 C3 / / �$ 5 J J LANA] FIR Y L9 43 i5 LOT 13 \ TWO STORY RESIDENCE ` 26 GOLF ODTT14CE DRIVE C, 3r +. -3r Cr C4 rY \ \ \ + a 66 go fI e \ - I FC. A L[r7mFi LEGAL EESCRIPTI❑N NO LOT 13, OF GOLF COTTAGES AT WYNDEIdERE, ACCORDING T4 THE PLAT THEREOF AS RECORDED IN PLAT BOOL{ 13, AT PAGES 119 THROUGH 121, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORI4A. �c6 LOT 14 �2 jL x T. p• I 1 PAYER 71400 8RvCX OEp[ V, S$M PAVER C1 itp \ \ ? ` I eAsr !I 0 7 15 30 m GRAPHIC SCALE 60BREV IA:TIENIS CURVE TABLE PC N4 134 POIN- PER 0. �TR CURVE RADIUS DELTA LENGTH CHORD BEARING C1 it 4,&Q0' 40'30'23" 31.81' 31.16' 14 43'0'37" E C1 R 45.00' 44'26'53" 31.77' 31.11' N 42�5543n E C2(P) 45.00' 2242717" 17.83' 17.72' N I1'21'W E C m 180.00' 41'41'06` 130.98' 12&09' N 44'1537" E C P 180.00' 41'40'00" 13OM' 128.08' N 44-15'09' E C4 6d 180.00' 1 13'22'26 42.02' 41.92' N 16'44'35- E C P 1$0.00' 13'22'00= 41.99' 41.90' N 16'44'09' E !I 0 7 15 30 m GRAPHIC SCALE 60BREV IA:TIENIS �o B08 = &ISIS OF BEARIM PC N4 134 POIN- PER 0. �TR ClL = CMEMANE ZONE: PAEL NO; NAP REVS DATE = MAL CO = SAM7TARY CLEAN MR PIX- = PUNT 13F CDM EFCEIENT CTV = CA3 E TV PZJL = POW CF 3EGDmM OW = EDGE Cf 4AVEHENT PRIM = PERMAM x REFE*ENOE a -M A= ELECTNC Bax CHAPTER 472JD27, rLM11A STATUTES. NGNU4ENT FCM = r0un CONCRETE MOmuE10 ASM = PRLYESMDV L SLNRYLYOR FIA = FOUND 516' PON R1r0 CERTIFIES TQ. drawn: AND NAPPER FF- ELEV- = FIN[SH0 FLDOR FLEvATILM PLLDE = PL:®LIC IlT1LTTT AND Fit = FOLW MAL WELD FARGO ".E HnRTGAGE checked: DMNA&E EAn+"T FM = FOINFL MAL Alm (RISC RJV = RIGHT ff VAY LIFE FAL = FIOR]CA POWER A1Y11 uciHT Slit = SET SA IRCN Rn x = MEASURED 0 4 AM CAR LN 6897 ME _ MAD41flMMICE EASEMENT TEL = TELEPHONE 3M NGvs = i"TIONAL GEODETIC TIE = UTILITY EASEW-M VER77CAL 31ATIM LEL = LTTIL3 T7 sase�sur 0 PE.LESTRLYN £ASEIEFIT OHN = SIV€RHEAB SHIES 6" = VATER IE1ER sm P =PLAT WIPP = VIM POVER POLE RCC = ROOF OVERHANG EASEIENT (239) 405-8166 (239) 405-B163 FAX 2011-211 NOTES I. BEAR]h1.;S ARE S4SED- 4H TkE CENTF-RLI►E OF GOLF COTTAGE .=REV£ BEING WWTI? AS SICWK Z ELEVATIONS ARE BASED ON MG.V.D, 1429 LNLESS NMOL 3.flELD IEASLREAENTS ARE IN SOBSTANTiAL AG?EEIEIIT WITH PLAT AND/W DEED CALiS l*&ESS h(TEO. i- SUBJECT TO EASEIEWS OF REOORO. 5. ABSTRACT NOT REVIEWER 6. nWvEYMS CERTIFICATIOm BEES DOT APPLY 7E1 MATTERS OF TITLE, ZON[HG, OR FREEDOI OF E_haKDRANCE5, AND IS 407 VALID VITPINIT THE SIGNAL RE AND ORDONAIL RAISED SEAL OF A FiCIR30A LICENSEID SLR4EYOF AND KkPF£R. 7. NO LHOENfA WOUND VTlLFT1ES, FOL DAT710NS OR a1NER UpLQERGROLHD INSTALLATIONS WERE LOCATED UNLESS SHOWN A IRF OTHER PERSONS ill ENT3TES. OTHER T14AN SHOWK MAY RELY ON THIS SURVEY. 1 ALL 03 EJEI[•�L.S ARE IN FEET AND DECDMS THEREOF. UNLESS OTIERVISE MOTEL LG LEGAL OESCRIPTTIPN WAS FiR1OSHE0 BY CLIENT ILPROPERTY QYNER SFNIIILD OBTNN VRETTEN FLOOD ZONE DETEAMaMTlOM FROM OOR LOCAL PERNFFT , PLANNING, AHD EU0_OING ICPAAT7IEW PROIR TO ANY CMTRLCTi13N PLAY BUNG A"OR CONSTRUCTIUi �o J"`FLOOD iE.--� ZONE: PAEL NO; NAP REVS DATE NER ZDA >f 12021C 0415 G NOVEMBER 17, 2005 Al CERTIFICATION: [ CERTIFY THAT THIS- SEIRVEY VAS MARE ENDER +1Y IIERECrLON AMID THAT IT LEETS THE MLNDtM TC HNICAL STA.HOPRDS SET FORTH BY TIE BOAH iF PROFESSIONAL LAIM su� IN CHAPTER 5J-]73)51, FLORIDA ADM04ISTRATIVE CODE. PuRSLNl7F CHAPTER 472JD27, rLM11A STATUTES. h4AS E. RHODES, SR. PSN 05854 Pbleslgn: BOUNDARY SURVEY D EAST CERTIFIES TQ. drawn: ROBERT A. LAZARCHIK. L MARILYN C. LA2ARCHIK ii WELD FARGO ".E HnRTGAGE checked: OLD REPUBLIC NIATIONAL TITLE INSAJRANC:E COMPANY o �a ? ROSS TITLC $- ESCR€1V, INC TER acaol #: 2011-211 0 4 7-7 ❑q: date: view: LJLrr m RHODES & RHODES 698 20-2L MARCH 8 2011 PLAT < BIND SURVEYING, INC Scale: e^oJ ec o rc UCENSE AVLB 8.697 1" = 34' 2011-211 cago #: 11-211 sheet 28100 BONITA GRANDE DEIYE, STE. 107 1 Oft BONITA SPRINGS, FLORIDA 3413a fi€e #.- fPKRF (239) 405-8166 (239) 405-B163 FAX 2011-211 Attachment E Co 'r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net 2800 NORTH HORSESHOF DRIVE NAPLES, FLORIDA 34104 (239) 252-2404 FAX: (239) 252-6358 777 VAMANC£ PETITIONAPPKAMN Varrla►ace front, Setba6ks Required for a Pardculurr Boning, DkMeV. LDC section X9..04.130 & Code of Laws section 2.83 - 2-9Q iChA . —� pter,3 J. �f the ,4dmirlistratlwe code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED A .1*LlCAl1('T; CONTACT �NFORPAATION Name of Property Owner(s): � 1 a 7a f2- _7c� 0 n_f._ Name of Applicant if different than owner: Address: A &)LC (_0 T v� T)R City: K�(-�T' LOQ State: _ _ ZIP: 34 1 Telephone: ,,A; °( - CSI �� z, ' 5 1'�9 Cell: � 3' -'A6; - 51 "19 Fax: -• E -Mail Address: r40vy-) Name of Agent: I Firm: l Address: Telephone - E -Mail Address: City: State: ZIP: Gell: Fax: BE AWARE THAT COLLIER COUNTY "AS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2058 Page I of 6 Siot!r minty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 ASSOCIATIQNS 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: lwww.colliergov.net/Index. x?a e-774. Name of Homeowner Association: CoCo Plum HOA Mailing Address: 98 Wyndemere Way City: Naples State: FL ZIP. 34105_ Name of Homeowner Association: Mailing Address: I City: State: ZIP: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: - State: ZIP: City: City: NATURE 0EfIT1ON State: ZIP: State: ZIP: On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, Le. reduce front setback from 25 ft. to 18 ft.; 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. 2. For projects authorized under LDC Section 9.04,02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the blearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a -h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Page 3 of 6 Coder COUnty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and,Final Submittal Requirement Checklist:for: Variance Chapter 31, of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist Is to be completed and submitted with the application packet, Please provide the submittal items In the exact order listed below with cover sheets attached to each section, Incomplete submittals will not be accepted. REQUIREMENTS POR REVIEW R OF COPIES 04UIo n NOT REQUIRED Cam leted Application (download current farm from County website) Li Pre -Application Meeting Notes project Narrative Gom leted Addressing Checklist 1 Propertv Ownership Disclosure Form 1 Conceptual Site Plan z4" x 36" and one 8Ya"x 11" cop Survey of property showing the encroachment (measured In feet) 2 Affidavit of Authorization signed and notarized 2 [ [� heeds/Legal's 3 _ Location map 1 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLOCKS Codes with legend 5 ❑� included on aerial Hist Ical rve ,o wa' F rsques Enviro ent Data equIrem or exe stlflcat 3 Once the first set of review comments are posted, provide the assigned 1 lannerthe Property Dwner Advisory Letter and Certification Electronic copy of all documents and plans *please advise: The Office of the Hearing Examiner requires all 1 ❑ materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Fallowing the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. 4/27/2018 page 5 of 6 iAw grr�.R��y 2 w �r 1 i 5L L i•• 1r GOLF COTTAGES r � H l+ L -AT -----------------r--------------- 1 11 r ji 4 `r 47 r� , -- ------- — ;"_ -., j 1 1 r r r ' 9 A.L NCEL .Jfqua - C ----__ ; ___----___1�__��__�._�.. A� i 1 t. i . r FARM iAw grr�.R��y 2 w i•• GOLF COTTAGES r -AT WYNDEMERE i��L�i 1•ar,J� ,�.� ;:,�.�---� ".•° .may—�—,a aw iAw grr�.R��y 2 w Nature of Petition We are a zero lot line development. The neighbor needs access to paint his house, The deck was put in by the previous owner. The deck is not connected. The deck was built in 2004 when the previous owner built a spa. Permit/Record tracking department 239-202-5730. 2011 permit search, called August 7t". Every Permit 1=1VIDRecordsroom collier ov.net 1) No dredging or filling 2) a: There is not a piece of wood connected to neighbor's house. There is nothing connected to neighbor's house (see photos). The deck that goes up to, but not attached to, neighbor's house. b: The pool was built in 1986 and the spa was built in 2004 along with the deck. This is a zero lot line. There are other houses in the community that also have decks gong to neighbor's house. c: Yes d: Yes e: No (zero lot line) f: Yes, accepted by Wyndemere HOA e: lies h: Yes AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBER (S) r (title. K I. (print name), as applicable) of (company, If a licable), swear or affirm under oath, that I am the (choose one) ownerapplicant ontract purchaserand that: I. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced properly as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. to act as ourlmy representati 5. Well authorize in any matters regarding this petition including 1 through 2 above. 'Notes: • if the applicant is a corporation, then it is usually executed by the corp- Pres• or v- prey- • if the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L•C•), then the documents should. typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee°. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and Then use the appropriate format for that ownership. Under penalties of perjury, I declare that I the facts stated in it are true. r l -.,— STATE OF FLORID COUNTY OF COLL Signatu was read the foregoing PiKidavit of Authorization and that to (or affirmed) and subscribed before me on I (date) by P (name n rovidi h or affirmation), as Who is rsonall known (type of identification) as identification. STAMPISf_AL �N G AN -EY 0G =+'+. MY ISS 14, 20214 . , EXP*F_$ Fi W Y ,Cro --00A-00t151155 RFV N24!ta 1NSTR 5320730 OR 5321 PG 2511 RECORDED 10/7/2016 3:52 PM PAGES 4 DWIGHT E. BROCK CLERK OF TH4 (;IKCUTT COURT, COLLIER COUNTY FLORIDA noC@.70 112,450.$0 REC $35-50 INDX $1.00 CONS $350,000.00 This Ducumcgt Pmpmed By and Return to; William A. Clements, Esq, Wilson & Johnson 2425 N. Tantiami Trail., Suite 211 Naples, Florida 34103. PArcel,10 Nuinbek: 46070600009 Coll'idIYkfiM � 1356,000. (q.) Warranty Deed This indenture, Made tltEs 3rd day of October, Mary M. Henderson, individually and as or Trustee of the Cremer, individually and as Successor 0. adine A, Bonnie Baker Janos, a married wont F w re of tho County of Collier, Stale of Flo day. to Cromer Living Trust and David Grant �* Trost Agreement, grantors, and Wl#neaseth that the GMANTOtka' l r 'Ikt-c�t isl'atTi'atfo ll sill 0Ll-ARS (510)- DnLT.ARS, artA other good and valuable cok""41 feratio RANTORS in hand ' b G IST, the receipt whereof is hereby acknowledged, have granted, bmr airro i old to. the said GRANTEE'S heirs, successors and assigns forever, the following described d, ata, lying and bein aunty of Collier State of Florida to wit: Q Lot 12 GOLF COTTA � A����� GES AT WYNI]EMERI;, Ac map or plat thereof, as recorded in Flat Book 13, PbSe(s) 119 through 121, inelusivc, of the Public Records of Collier County, Florida., Florida 34105 SUBJECT TO (1) ad Valorem and non ad valorem real property tarts for the year of closing and subsequent years; (2) zoning, building code and other use restrictions imposed by governmental authority; (3) outstanding oil, gas and mineral interests of records, if any; and (4) restriotions, reservations and easements common to the subdivision, provided that none of the foregoing shall prevent use of Property for residential purposes. Grantors' warraut that at the time of this conveyance, the subject property is not either Grantors' homestead within the meaning set forth in the constitution of the State of Florida, nor is it contiguous to or a part of homestead property, and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Ogg? OR 5321 PG 2512 Xn Wituess Whereof, the grantors have hereunto set their hands and seals the day and year first a.b❑vc written. Signed, seated and delivered Fret our pFreaence: W" ess i ed �1 OY� L.1; E SW R Ma denderson, individually and as Successor Trt1. the Richard E, Cromer Living Trust P,O, Address: Ro. S'T'ATE � �Cd 1"`t+l rf OF COUNTY OF The foregoing instrument t owlcdged before, Mary M. Henderson, individually and hpctssor Trustee of personally known to rue or who has produc �d�'Ver'S iicortse qs (SEA " Jurn Cnmrrdsmfsslon q FF 41353 Expires June 19. ZOO � y Iii( Mo.,kwk.Ma 11 Printed Natary My Co STATE; OF COUNTYOF -� Cremer, individually and as Successor Bernadine A. Cremer Living "frust ay of September, 2016 by R Cremer Living Trust, who is Expires: I/ The faregoing irtstrumcRt was acknowledged before me this day of September, 2016, by David Grant Crenrer, individually ,and as Successor Trustee of the Bernadine A. Cromer Living Trust, who is personally known to me or who has produced his driver's liccnso as identification.. (SEAL) Printed Name, - Notary Public My Commission Expires; 16899 !f x,rx OR 5321 PG 253.4 ** CALIFORNIA ALL•PUMPOSE ACKNOWILE13GMENT CIVIL CODE § 1189 WAMNUMMI A notary public or other officer completing this certificate verities only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calrfornla County of _ _:1L, i On lCa before me, t' `mon"',,t' Date Here Insert Name and Title of the Officer personally appeared c:L !„ of Signer(s) Who provbd to me on the basis r otory 5tvidence t 4 0 subscribed to the within rostrum t W eiaknowiedged to me I hislherAheir authorized o4ofri' ; 9 , n t y srgna or the entity upon behalf oI'whi he a ragied, oxectect the VVI IN Lmy. Notary public - arlif Diego County Comm. t % kee t]ec 14 41 Signature cl ;on(s) whose narne(s) is/are /they executed the same in the instrument the person(s), OF PERJURY under the laws that the foregoing paragraph Carnm.6Metan. tM 719, W afficiel Beal. Signature of Notary Pubtic Place Notary Seal Above OPTIONAL Though thls section is optional, completing this information can deter af[erafiorr of the docurnent or fraudulent reattachment of this farm to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: - . Slgner(s) Other Than Named Above; Capaciry(fes) Claimed by Signer(e) Signer`s Name; © Corporate officer — Titler(s): Q Partner — 11 Limited ❑ Gene3ral ❑ IndivIduat 0 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Signer Is Representing: Signer's Mame: ❑ Corporate officer — Tltie(s): O Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney In Fact CI Trustee ❑ Guardian or Conservator ❑ Other: Signar Is Representing; C*014 Natlonal Notary Association • www.Nationa]Notery.org • 1 -8W -US N07ARY (1-800-876.6827) Item 45907 XNSTR 532.0731 O4 53Z1 PG 2515 RECORUEn 10/7/2016 3:52 PM PAGES 4 DWIGHT E. BROCK, CLERK of THE CXK(;UIT COURT, COLLIER COUNTY FLORIDA 000.70 $0.70 REC $35.50 This Dacumenl Prep,aed BY and Relum w William D. Clernonts, Esq. Wilson & 1phnson 2425 N. Tarniami Trail., Suite 211 Naples, Florida 34103 Parcel M Numben 46070600009 �- t U a fl"1er► 4n, tt..rr� ;1 e, f\QM•� V 4 n x Zl 'CM hW'1 Rr a CLt O- R, 's1xa P{r 2511 Special Warranty Deed Tbta indenture, Made this 30 day of October, 2016 A.D. Between David Grant Cromer and Susan IVlade Cre s deceased, grantors, and Ronnie Baker Jones, a married woman, 'ho Of the County of Collier, State of Flori a. me 3 Witnesseth that the GRANTORS, f Iran I corn id r DOLLARS ( I� and other good and valuable considc to GRANTORS in hereby acknowledged, have granted, b and sold to the s and assigns forever, the following daseri di-410stc, (yin$1 to wit: '-; Co lktr - of the Estate of Bemadine A, Cromer, Florida 34105 v RANTER, the receipt whereof is and GRANTEE'S heirs, successors a County of Collier State of Florida Lot 12, GOLF COTTAGES AT WYNDEMERE, # J Page(s) 119 through 121, inchisive, of the Public Records of Collier aounty, Florida. Or plat of as recorded an )plat Book 13, SUBIECT TO (1) ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (2) zoning, building code and other use restrictions imposed by governmental authority, (3) outstanding oil, gas and mineral intorests of records, if any; and (4) restrictions, reservations and easements common to the subdivision, provided that none of the fnrcgoing shall prevent use or Property for residential purposes, Grantors' warMnt that at the time of this conveyance, the subject property is not either Grantors' homestead within the meaning sat forth in the constitution of the State of Florida, nor is it contiguous to or a part of homestead property- Together roperty Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever, And the grantors hereby covenant with said grantee that grantors are lawfully seined of said land in fee simple; that grantors have good right and lawful authority to sell and convey said land; that grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all person claiming by, through or under grantors. 16999 OR 5321 pb 2517 CA PORNIA ALL-PURPOSE ACKK0WLEDGME1NlT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California j County of c 1 4-e On Ct` —1 Lo before me, �'@.fc.i _ylWo' i—, Date Here Insert Name and 77tle of the Officer personally appeared D)20vaa """'t � :7%p of Signer(s) who proved to me on the bayht�) actory evidenud t person(s) whose name(s) isfare subscribed to the within instru d' atiknowfedged to rile at h shelthgy executed the same in hlslherltheir authorized capacitn 1y [sllaar4ft. sign re{a on the Instrument the person(s), or the entity upon behatf of'whlperson J ao*q, exec ted the nst' rrtient. 0:. 1 Q. OF PERJURY under the laws a k 6. f all mi that the foregoing paragraph nd c t.: AUXIS Oukh WtTN my an official seal. Cgmm41114n N 2 + Notify Public - Oil San plego County 5lgrintUreDIA P) M t;amm, F„ uar tf�c ti. `� Signature of Notary Public C-1 1B, Place Notary Seal Above OP71ONAL Though this section is optional, completing this Information can deter alteration of the document ar fraudulent reattachment of this tori to an unintended document, Description of Att;�hed Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above:. . Capacity(les) Claimed by Slgnor(s) Signer's Name: ❑ Corporate Officer -- Title(s): to Partner — 0 Limited ❑ General ❑ Individual Q Attorney In Fact ❑ Trustee ❑ Guardian or Cotlscruator ❑ Other: Signer Is Representing: Signer's Name:.-- . _ ❑ Corporate Officer — Title(s): ❑ Partner — I] Limited 0 General ❑ Individual Cl Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:. µ 02014 National Notary Association • www.MationalNolM.org 4 1 -800 -US NOTARY (1 -duo -876-6827) ltem 1{5907 PSI � wo, F� p 1 .rte "ti fa PLAT a 29 17 PA[r£ axur g w i GOLF COTTAGES AT W YNDEMERE R $v6D'V'$!0Al Of ALL OF 1MltCEL 35 -1 r dND A AIRr OF A4RCELs Cc A, 35-16 AF-A£PLAr or PART or SWMaENCwE TRACT MAP' f PLAT BOOK fs, PA OES J.9 iNRV u1, PUBLIC AECvMv$ Of COLDEw CalRMTY, FL pgrDA i...�z•�vs:a�a��ru. Qa V �rr=M- mr�r'� inl �Y� ------------------- - --- - _ PARCEL f: � PARCEL _ _ - ...----------------------------•i ti - -- --- r so re er/'w.+..�....... 6D ' �pARCEL 55-16 PARCEL 5$-16 `^"+�"++�•� MAP OF BOUNDARY SURVEY 11 Ftr NO �F1143 13 1 STORY _ SINGLE FAMII-Y DWELLING C3�r7 4piU d'OWpr�.w`��,'r 4i�r `�'4 � Y �r'QV R, 45.00'A- 17.83' CH - S1 1'21109'W 17.72' (P) r a '15' 9"W 47.72' FOM4X4 "•,qo c ti NO IG *Opt ap ra Rt �� �hvlR ` pwvc tikes FiP sm F04n1e n 12 A51y1 � �� 1 STORY 3 FIR 1f2 SINGLE FAMILY _G p wvM 5667 l DWELLING ' x ELEV 13,51 IV, 7? •U0,00 rY'g•g�,sz„W (Mj NOTE. 11 INSIDsr OF POOL TO ADJOINING HOUSE = B.4' INSIDE OF POOL TO PROPERTY LINE - 8.24' INSIDE OF SPA TO ADJOINING HOUSE = 4.3' INSIDE OF SPA TO PROPERTY LINE = 4.14' NOTES; ADDRESS: 24 434LF COTTAGE DR PARCEL NUMBER 48070600009 ALL IMPROVEMENTS ARE PROPOSED UNLESS OTHERWISE NDTED. ELEVATION$ SHOWN HEREON (IF ANY} ARE SASEp ON N,AV.D, PARCEL CONTAINS 8093 S.F, ( 0.188 ACRE$ MOR$ OR LESS) - THIS SURVEY IS CERTIFIED TO THE DATE CF FIELD WORK AS SHOWN HEREON AND NOT TO THE SIGNATURE DATE FIRM, PANEL No. 12WI C 0411 H INDICATES THAT71-1E PROPERTY 1S IN ZONE 'X'_ BEARINGS ARE BASED ON THE CENTERLINE OF dOLF COTTAGE DR. = NOO'OD'W'E CONTRACTORjOWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICTIONS. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN, NO UNDERGROUND FOOTINGS HAVE BEEN LOCATED EXCEPT AS SHOWN. ONLY EASEMENTS ON RECORPEO PLATOR THOSE FURNISHED SURVEYORARE SHOWN HEREON. LEGAL DESCRIPTION LOT 12, GOLF COTTAGES AY WYNDi¢MERE, aeeordlmp,n ua„,a1 raowdod IR P4o1 Bork 13, Paque 1120-421 el tha Publk Reomd. Df GolHw County, FW$ii. I HEREBY CERTIPY Lo: BONNIE BAKER JDNES Ilial an abbe yrow,d &uNmy of tho above doaarl4ao rrvaerN wen main under my d1mclion end the Ow 6uv” ana skald, I'd eminate to the heal of MY IvmwlodDv RW NWWL I fudPmr 0.* that Ih4 uuvoy meats the kdnkKn Teehnka6 Slandard■ In &action 473.627, Florde tirtutm as per cherler 5.1.17 d [tw Fkl('KU Adminlatrallve Code, Owftation Ea onh' kr the lands as daaaiha 1. It U not 6 oe1l moan ur Tale. 2n6np. Fa.an.rnla, Fr*Wm horn Exw.breneea or OU OUDAW 561 bath nmUkAkna. Ab6trary Dol fevWmW. Tho Suvay k auh)w to eeaernenR, w,]*tlona (Iroudlnp earwhlx36n --b-dW and ro+wvq§-m of rpmd, QARA�� IA46t �^ ELEV.11-32 I o'4ve. ' SIMI! LB0192 f9m EAST Frim ILLED a-aarGMlapualKa/ioR 4M.e0lxaara AMA aYII, m EVIL . ip4rrY 1lIR,rY YhalaYM Via.: olwrona+IrNeo �raK 46rr nu.anmw..ewnlMn w► ra.-urnwaarar*ara ren.ar..�m exv rao --agw M„M .urn.ruo a{u"Iff ReM wa- H+arw.m6, 9' aaefa .ir,.nrwar6ra • . a.00rr. � ..cu-.oanr. �a4xpr,a 1.0lAwp1l m rwu..ee..al6r M10.�xMMOrM16m' or.-+eaawnmm�wwx, .rrn ..owa rwawxa.ex 6tiaa.. 9 rno. • rub 6.a aorta Q1 •aorcr,uux 4( •canarw ��-,aar6o,e aaa4esemr -xrtrvb rnr xYmwr pgwr �vKYd NGww-wewnrr I vux rrr� nrN..aaaarve 0— •GaaliaWvlON N�xx •WAlaa KIR Q9u �N l��w�i�'•o,� ra�na arwteru, e� 4al141tf •rdeth9500upa rnlDAVID C. HOLMAN P.S.M. LLC. a""'"� x" oaooa. ""' 6.arfflMWwtwr: Fee,runmara�e dAVl6 D . P.S.1c No. C27d � r ,--- I•aa��� ,oa„4 /}//�LANDSURVf<YINQ can yH,yrq,a r{rIPLE6, RORI9A 3/119 ($3C6RIzm (231) zm4mlo p145+�a' ac�ar,a4w Page l of 1 Collier County Property Appraiser Property Aerial Parcel No. 46070600009 Site Adr, 24 GOLF COTTAGE DK NAPLES, FL 34105 Open a Gi5 Window with More Features_ htip://\ ww.colIlerappraiser.com/Main_Search/RecordDetaiI.html?FoliolD=46070600009 4/18/2017 Page I of 1 Collier County Property Appraiser Property Detail Parcel No. 46070600003 Site Adr. 24 GOLF COTTAGE DR, NAPLES, FL 34105 Name / Address ONES, BONNIE BAKER 24 GOLF COTTAGE DR http://ww%A,.collierappralser.com/Main_Search/RecordDetail.html`?FoliolD=46070600009 4/18/2017 City NAPLES State FL Zip 34105 Permits Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 1987 COUNTY 86-574 07/10/86 RESIDENCE 2004 COUNTY 0406-2478 POOL 2004 COUNTY 0407-1088 POOL, RE- APPLY 2007 COUNTY 0607-0458 04/06/15 RE -APPLY 2016 COUNTY 20150411732 05/08/15 ADDITION 2017 COUNTY 20160518797 Land Building/Extra Features # Calc Code Units # Year Built Description Area Adj Area 10 RESIDENTIAL FF 61.21 10 1986 RESIDENTIAL 2347 2702 20 1986 SWIMMING 240 240 POOL 30 1986 W DECK 110 110 40 2004 SPA 28 28 50 2004 W DECK 632 632 http://ww%A,.collierappralser.com/Main_Search/RecordDetail.html`?FoliolD=46070600009 4/18/2017 C&C-r C,'014MY COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliemov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2440 FAX (239) 252-5724 LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Golf Cottages at Wyndemere_Lot 12, AKA Coco Plum Villas 4 - N t - 2-4 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 46070600009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 24 Golf Cottage Cir, Naples„ FL 34105 * LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way 6 SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (ifapplicable) NIA PROPOSED PROJECT NAME (if applicable) NIA PROPOSED STREET NAMES (if applicable) Golf Cottage Gir Z> Q__ SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) D. .. or PL # 4607 D6e8eft-- Rev. 6!912017 Page 1 of 2 ADDRESSING CHECKLIST Please complete the following and email to GMa_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing.persuPei prior #o pr .apQli ticrnmeeting,..please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Farms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) 0 CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIP[ (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNIP (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) 0 PPL (Plans & Plat Review) ❑• VA (Variance) ❑ PSP (Preliminary Subdivision Plat) © VRP (Vegetation Removal Permit) ❑ PUD Rezone [] VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER _ LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Golf Cottages at Wyndemere_Lot 12, AKA Coco Plum Villas 4 - N t - 2-4 FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 46070600009 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 24 Golf Cottage Cir, Naples„ FL 34105 * LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way 6 SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (ifapplicable) NIA PROPOSED PROJECT NAME (if applicable) NIA PROPOSED STREET NAMES (if applicable) Golf Cottage Gir Z> Q__ SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) D. .. or PL # 4607 D6e8eft-- Rev. 6!912017 Page 1 of 2 Loiiier Launiy Property Appraiser Property Summary 24 GOLF Parcel N �607o600009 Site Address COTTAGE DR Site city NAPLES Name / Address JONES, BONNIE BAKER 24 GOLF COTTAGE DR City NAPLES State FL Map No. Strap No. Section Township Range 4B19 378100124B19 19 49 26 Legal GOLF COTTAGES AT WYNDEMERE LOT 12, AKA COCO PLUM VILLAS Millage Area 0 104 Sub./Condo 378100 - GOLF COTTAGES WYNDEMERE PH.1 Use Code 0 1 - SINGLE FAMILY RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount 10/03/16 5321-2515 $ 0 10/03/16 5321-2511 $ 350,000 09/30/16 5321-2490 $ 0 09/29/16 5321-2478 $ 0 02/02/07 4178-259 $ 0 04/26/04 3549-2128 $ 275,000 07/01/99 2565-334 $ 190,000 05/01/90 1525_366 $ 0 06/01/87 1272-1143 $ 278,000 Zip 34105 Page 1 of 1 Site *Note 34105 Acres *Estimated 0.2 Milla a Rates 0 'Calculations School Other Total 5.049 5.8222 10.8712 2015 Preliminary Tax Roll (Subject to Change Land Value $ 199,453 (+} Improved Value $ 204,324 (_} Market Value $ 403,777 -} Save our Home $ 96,495 H Assessed Value $ 307,282 (-} Homestead $ 25,000 (-} School Taxable Value $282,282 (-) Additional Homestead $ 25,000 i=) Taxable Value $ 257,282 if all Values shown above equal 0 this parcel was created after the Final Tax Roll http;//www.collierappraiser.com/main_seareli/RecordDetaiI.litmI?sid=876888851 &ccpaver=17101$1 149&x'... 8/17/2018 AFFIDAVIT OF COMPUANC'E I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall he deemed those appearing on the latest tax rolls ref Collier County and any other persons or entities who have made p_ formal request of the county to be notieci 'I'he said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made: a patt of this Affidavit of Compliance. (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was ackjowledged before me this 1 (P day of _Ak�motCt "y1 e. rlce 5 , who isDersopally - I—) e or who has produced 4 as identification. C_,� (Z�tk - ('gnature of otary Public) Printed Name of Notary • Y EM G BAILEY yM�MISSION a GQ003p14 . •. EXPIR€S February 114.2021 Notification of Variance within 15a feet To Property owners and Associations w Bonnie Buser Jones 24 Golf cottage0 r Naples, Fl, 41 239_g03-5199 January 21. 2019 Robert & Marilyn Lazarchik 26 Golf Cottage Dr. Naples, FL. 43105 Dear Robert & Marilyn, lier Please be advised that the sender has made afimas application ly to thelfoll wing d unty for variance from the requirements of the zoning regulations property: The subject property is located at Lot 12, Golf Cottages at Wyndemere, according to the plat recorded in Plat Book 13, pages 119-121 of the Public Records of Collier County, Florida. Bonnie Balser Jones requests a variance for the existing pool, spa and deck area. The pool was constructed in 1984; the spa and deck in 2004. Both had building permits, but no Certificate of Occupancy was issued. I am hoping to be granted a variance for my pool, " spa and deck and a C.O. so that what has been constructed will be legal. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Bonnie Baker Jones 2:46 PM Fri Jul 5 Dane OBJECTED FLNf 1 46070120000 2 46070480009 3 46070520008 4 46070560000 5 46070600009 6 46070640001 7 46070680003 8 46070720002 9 46070760004 10 46070800003 11 46070840005 12 46070880007 13 83465000400 PQList 150.xis RECKEY NAME1 NAME2 46070120000 WYNDEMERE HIO ASSOC INC 98 WYNDEMERE WAY 46070480009 BURDETTE, THOMAS E WENDY A BURDETTE 46070520008 SOMMER, MOLLY A 20 GOLF COTTAGE DR 46070560000 KITKO, RICHARD P & SHARON L 22 GOLF COTTAGE DR 46070600009 JONES, BONNIE BAKER 24 GOLF COTTAGE DR 46070640001 LAZARCHIK. ROBERT & MARILYN 26 GOLF COTTAGE DR 46070680003 WAGNER JR, GEORGE J & CAMILLE 6004 GLEN HILL RD 46070720002 LERNER TR EST, LOUIS LERNER REALTY TRUST EST 46070760004 HAAS, GEORGE R & JOAN A 120 PLAINVIEW RD 46070800003 PELLAND, LAWRENCE W PATRICIA A PELLAND 46070840005 FARLEY TR, DOROTHY K DOROTHY K FARLEY TRUST 46070880007 GLORIA ANGELA ARAMBURU FERRER REVOCABLE TRUST 83465000400 WYNDEMERE COUNTRY CLUB INC 700 WYNDEMERE WAY NAME3 18 GOLF COTTAGE DR UTD 7127104 34 GOLF COTTAGE DR 36 GOLF COTTAGE DR ANN MARIE NUGENT TR 9 100% Kf3 u NAME4 30 GOLF COTTAGE DR a I p�