HEX Final Decision 2020-06 HEX NO. 2020-06
HEARING EXAMINER DECISION
DATE OF HEARING.
August 27, 2020
PETITION.
Petition VA-PL20190001980—John D. Bruce requests a variance from Section 4.02.03.D of
the Collier County Land Development Code to reduce the minimum rear yard accessory
structure setback from 10 feet to 1 foot and 8 inches for a pool screen enclosure.The property
is described as Lot 7, Block 8, Lely Golf Estates Unit No. 2, also described as 184 Briarcliff
Lane, in Section 19,Township 50 South, Range 26 East,Collier County, Florida.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
2. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
3. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
4. The Petitioner and'or Petitioner's representative presented the Petition, followed by County
staff and then public comment.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public,the Hearing Examiner finds that there
is sufficient competent, substantial evidence as applied to the criteria set forth in Sections 9.04.01
and 9.04.03 A. through H. of the Land Development Code to approve Petition.
Page 1 of 3
DECISION.
The Hearing Examiner hereby APPROVES Petition Number VA-PL20190001980, filed by John
D.Bruce,with respect to the property located at 184 Briarcliff Lane,Naples, Florida 34113 for the
following variance:
• To reduce the minimum accessory structure rear yard setback from 10 feet to 1 foot and 8
inches for a pool screen enclosure
Said changes are fully described in the Proposed Site Plan attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A -Proposed Site Plan
LEGAL DESCRIPTION.
Lot 7, Block 8, Lely Golf Estates Unit No. 2, also described as 184 Briarcliff Lane,in Section 19,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 0.36 acres.
CONDITIONS.
1. All portions of the previously constructed privacy wall that encroach onto the adjoining
property are to be removed prior to the issuance of a Certificate of Occupancy/Completion for
the new pool enclosure.
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.
Page 2 of 3
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.
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 3 of 3
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