HEX Final Decision 2019-45 HEX NO. 2019—45
HEARING EXAMINER DECISION
PETITION NO. VA-PL20190000964 — Donald L. Viehmann and Philippa A. Viehmann
request a variance from the 15 foot minimum rear yard setback and from the 7.5 foot
minimum side setback for single family cluster housing in SDP 88-81 in the World Tennis
Center Planned Unit Development Ordinance No. 87-93, for a single family cluster housing
designated single family dwelling, to reduce the minimum rear yard setback from 15 feet to
7 feet for the pool and from 15 feet to 0.2 feet for the screen enclosure, and to reduce the
side yard setback on the west side from 7.5 feet to 4.5 feet for the screen enclosure. The
property is located at Lot 8, Block A, Corinthian Gardens at World Tennis Center, also
known as 4760 Oberon Court, in Section 13, Township 49 South, Range 25 East, Collier
County, Florida.
DATE OF HEARING: November 14, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No members of the public were in attendance for this meeting and no letters of objection were
received. Letters of support were received from three neighboring properties.
This application is for an improved residential property that was part of a 1988 SDP submitted as
a clustered development. The existing dwelling unit was permitted in 1992 and the accessory
improvements were permitted in 1995. The improvements were constructed according to their
permits; however, the permits were not consistent with the required setbacks. The current owner
purchased the property in 2005 and was not aware of the setback violations. They are attempting
to rectify the permit inconsistencies with this application. In addition to extending into required
setbacks, the pool, deck and screen enclosure are within a lake maintenance easement. The
easement is dedicated to Collier County and the Community Association. Collier County
approved a use agreement on July 9, 2019 and the Community Association recorded a Release of
Easement in December of 2018.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20190000964 filed by Patrick H.
Neal on behalf of Donald L. and Philippa A. Viehmann, for a variance from the 15 foot
minimum rear yard setback and from the 7.5 foot minimum side setback for single family cluster
housing in SDP 88-81 in the World Tennis Center Planned Unit Development Ordinance No. 87-
[19-CPS-01905/1509677/1130 1 of 2
93, as amended, to reduce the minimum rear yard setback from 15 feet to 7 feet for the existing
pool and from 15 feet to 0.2 feet for the existing screen enclosure, and to reduce the side yard
setback on the west side from 7.5 feet to 4.5 feet for the existing screen enclosure, on property
located at 4760 Oberon Court, Naples, Florida, and further described herein, as shown in the
Survey Sketch attached as Exhibit"A", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A— Survey Sketch
LEGAL DESCRIPTION: Lot 8, Block A, CORINTHIAN GARDENS AT WORLD TENNIS
CENTER, according to the plat thereof as recorded in Plat Book 18, page 58 through 62,
inclusive, of the Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
Il— 22 - 2oq
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
S hk
Assistant County Attorney
[19-CPS-01905/1509677/1]30 2 of 2
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