The URL can be used to link to this page

HEX Backup Documents 02/11/2021Collier County Hearing Examiner Page 1 Printed 2/3/2021 COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 February 11, 2021 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: 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 at Alexandra.Casanova@colliercountyfl.gov 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. February 2021 Collier County Hearing Examiner Page 2 Printed 2/3/2021 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. PL20200001309 BDE - 75 Pelican St W - Request for a 30-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land Development Code, for a total protrusion of 50 feet, to replace the existing dock facility with a boat dock facility with two boatlifts, one for a 33-foot vessel and the other for two personal watercraft, located on Lot 109, less the Westerly 5 feet thereof, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41 of the Public Records of Collier County, also known as 75 Pelican Street W, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 1 B. PETITION NO. PL20200001732 VA - 689 35th Avenue NW - An after-the-fact variance request from Section 4.02.01.A, Table 2.1, of the Collier County Land Development Code to reduce the minimum side yard setback from 30 feet to 17.1 feet on the east side, and to 15.77 feet for a roof overhang, for an existing single family dwelling in the Estates (E) zoning district located at 689 35th Avenue NW and further described as the West 180 feet of Tract 36, Golden Gate Estates Unit No. 37, in Section 16, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 5 C. *** This item has been continued from the November 12, 2020 HEX Meeting, to the December 10, 2020 HEX Meeting, to the January 14, 2021 HEX Meeting, and further continued to the February 11, 2021 HEX Meeting.*** PETITION NO. VA PL20190002701– CitySwitch II-A, LLC request two variances from LDC Section 5.05.09(G)(7)(b), to reduce the eastern boundary setback of 125 feet to 60.5 feet and from the western boundary setback of 125 feet to 82.2 feet for a proposed 250 foot communications tower on a parcel in the east ½ of the northwest ¼ of the southwest ¼ of the northeast ¼ of the northwest ¼ of Section 15, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: Timothy Finn, Principal Planner] Commissioner District 5 4. Other Business 5. Public Comments 6. Adjourn 02/11/2021 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Item Summary: PETITION NO. PL20200001309 BDE - 75 Pelican St W - Request for a 30-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land Development Code, for a total protrusion of 50 feet, to replace the existing dock facility with a boat dock facility with two boatlifts, one for a 33-foot vessel and the other for two personal watercraft, located on Lot 109, less the Westerly 5 feet thereof, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41 of the Public Records of Collier County, also known as 75 Pelican Street W, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 1 Meeting Date: 02/11/2021 Prepared by: Title: Planner – Zoning Name: John Kelly 01/22/2021 5:22 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 01/22/2021 5:22 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 01/22/2021 5:44 PM Growth Management Operations & Regulatory Management Rose Burke Review Item Completed 01/27/2021 11:41 AM Zoning Ray Bellows Review Item Completed 01/27/2021 5:45 PM Zoning Anita Jenkins Review Item Completed 02/01/2021 12:45 PM Hearing Examiner Andrew Dickman Meeting Pending 02/11/2021 9:00 AM 3.A Packet Pg. 3 Ann P. Jennejohn From: FrancineHomchakVEN <Francine.Homchak@colliercountyfl.gov> Sent: Wednesday, January 13, 2021 11:44 AM To: Ann P.Jennejohn Subject: PL20200001 309 Attachments: 2 x 3 Ad Map 20300001309.pdf; PL20200001309 HEX John.docx; PL20200001309 signed ad req..pdf Ann, Per your request, documents resent. Respectfully, Fra vA c L Ise t-fi o wt.c k a 2, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-4329 Francine Homchak@colliercountyfl.Pov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Cner County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, January 13, 2021 11:55 AM To: 'FrancineHomchakVEN' Cc: GMDZoningDivisionAds Subject: RE: PL20200001309 Thank you! I'll get this processed and send your proof a.s.a.p. Ann Jennejo/n 13MR Senior Deputy Clerk II t VAT(1N ' Clerk to the Value Adjustment Board �,•�` ''.,� Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avwt.JevtvtejokrACollierClerk.cow rrx,,F �€ Office of the Clerk of the Circuit Court 'rf,'�` & Comptroller of Collier County 3299 Tavtniawti Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cow FrancineHomchakVEN <Francine.Homchak@colliercountyfl.gov> Sent: Wednesday,January 13, 2021 11:44 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: PL20200001309 Ann, Per your request, documents resent. Respectfully, rPIIA,c1,we HowLcka R,owt.cia IR, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone: 239-252-4329 Francine HomchakPcolliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ter County Exceeding Expectations 1 January 7, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22.2021,and furnish proof of publication to the attention of John Kelly, Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section) FUND & COST CENTER: 131-138350-649100-00000 PURCHASE ORDER NUMBER: 41QD205974 (� Account Number: 323883 Leap°a 7�'5 Au orized Designee signature for HEX Advertising PL20200001309 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., February 11th, 2021, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: REQUEST FOR A 30-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06.E.1 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 50 FEET,TO REPLACE THE EXISTING DOCK FACILITY WITH A BOAT DOCK FACILITY WITH TWO BOATLIFTS, ONE FOR A 33-FOOT VESSEL AND THE OTHER FOR TWO PERSONAL WATERCRAFT, LOCATED ON LOT 109, LESS THE WESTERLY 5 FEET THEREOF, ISLES OF CAPRI NO. 1, AS RECORDED IN PLAT BOOK 3, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY,ALSO KNOWN AS 75 PELICAN STREET W,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY,FLORIDA. [PL20200001309] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. asta ew 1Dic/lman Chief Hearing Examiner Collier County,Florida r � o � B --. es 0 -1 427 o �' � � a��e� pIe8 o i i� e<` 03 Or' Colliet re fro Acct #323883 January 13, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PL20200001309 — 75 Pelican Street (Display Ad w/map) Dear Legals: Please advertise the above referenced notice on Friday, January 22, 2021 (display ad w/map). The advertisement must be a 1/4 (3x10) page advertisement and the headline in the advertisement must be in a type no smaller than 18 point. the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear, and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500200458 January 13, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22.2021 and furnish proof of publication to the attention of the Minutes& Records Department,3299 Tamiami Trail East, Suite#401, Naples FL 34112. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138350-649100-00000 PURCHASE ORDER NUMBER: 4500200458 Account Number: 323883 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,February 11th,2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: REQUEST FOR A 30-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06.E.1 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 50 FEET,TO REPLACE THE EXISTING DOCK FACILITY WITH A BOAT DOCK FACILITY WITH TWO BOATLIFTS, ONE FOR A 33-FOOT VESSEL AND THE OTHER FOR TWO PERSONAL WATERCRAFT, LOCATED ON LOT 109, LESS THE WESTERLY 5 FEET THEREOF, ISLES OF CAPRI NO. 1, AS RECORDED IN PLAT BOOK 3, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY,ALSO KNOWN AS 75 PELICAN STREET W,IN SECTION 31,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200001309] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. ancheur Did#tna n Chief Hearing Examiner Collier County, Florida r � o o 03 su u—• 5• 0 f-11 c� m PI' 4—\\cn c7 —I 5. o 0 PIT1\e9 o 0 ug C121 e41/O o0 coil ier SOLI/0 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, January 13, 2021 12:44 PM To: Naples Daily News Legals Subject: PL20200001309 (Display Ad w/MAP) Attachments: PL20200001309 75 Pelican Street (HEX 2-11-2021).docx; PL20200001309.docx; PL20200001309.pdf Good Afternoon, Please advertise the attached Display Ad w/MAP on Friday, January 22, 2012. Thank you! Ann Jennejohn l3MR Senior Deputy Clerk II tvvriYK,,r Clerk to the Value Adjustment Board �`�.y Office: 2367-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.com e Office of the Clerk of the Circuit Court f k`artNn."1 & Comptroller of Collier County 3299 Tavv.iavini Trail, Suite 4401 Naples, FL 34112-5324 www.Coll ierCl erk.covv, i Ann P. Jennejohn From: noreply@salesforce.com on behalf of Jennifer Peterson <jpeterson@localiq.com> Sent: Friday, January 15, 2021 10:11 AM To: ganlegpubnotices4@gannett.com;Ann P.Jennejohn Subject: ND-GC105727881 Proof Preview Naples Daily News Attachments: ND-GC10572788-01.pdf External Message: Please use caution when opening attachments, clicking links,or replying to this message. Good morning Ann, I work with the Naples Daily News Legal Department and have your creative ready for your review: Order#ND- GCI0572788 The attached is set to run in the Main section of the Daily News on 1/22/21 for a total cost of$1,040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final creative deadline is Thursday 1/21/21 at 12:30 pm EST. Thank you, Jennifer Peterson Account Coordinator/SMB PART OF THE USA TODAY NETWORK Office:607.798.1372 jpeterson cr.Iocalia.com LOCALiQ.com ref: 00DE0J6ks. 5002S1FxFT9:ref 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: REQUEST FOR A 30-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06.E.1 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 50 FEET, TO REPLACE THE EXISTING DOCK FACILITY WITH A BOAT DOCK FACILITY WITH TWO BOATLIFTS,ONE FOR A 33-FOOT VESSEL AND THE OTHER FOR TWO PERSONAL WATERCRAFT,LOCATED ON LOT 109, LESS THE WESTERLY 5 FEET THEREOF, ISLES OF CAPRI NO. 1, AS RECORDED IN PLAT BOOK 3, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY,ALSO KNOWN AS 75 PELICAN STREET W, IN SECTION 31,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200001309] Capri B Pelica Q T GO 4. Project 03 c Location lv a tv 4, N Colljer e All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida ND-GCI0572788-01 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, January 15, 2021 10:17 AM To: 'GMDZoningDivisionAds'; kelly.j Subject: NDN Proof PL20200001309 (HEX 2-11-21) Attachments: ND-GC10572788-01.pdf Good Morvtivtg, Please review the vtotice referenced above for placewtevtt Javtuary 22, for a HEX Hearivtg ovt February 11, 2021. Thavtk you! Ann Jennejohn 13MR Sevtior Deputy Clerk II 0,174YH:kr�r Clerk to the Value Adjustvvtevtt Board 4$5 •!„. Office: z39-252-8406 Fax: 239-252-8408 (if applicable) 5 Avui..Jeo.Kejolno.@CollierClerk.com e Office of the Clerk of the Circuit Court k`e"� '`1/4 & Comptroller of Collier Couvtty 3299 Tawtiawti Trail, Suite #4O1 Naples, FL. 34112-5324 www.CollierClerk.cowt noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Peterson Sent: Friday,January 15, 2021 10:11 AM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: ND-GC10572788 I Proof Preview Naples Daily News External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Ann, I work with the Naples Daily News Legal Department and have your creative ready for your review: Order# ND- GC10572788 The attached is set to run in the Main section of the Daily News on 1/22/21 for a total cost of$1,040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final creative deadline is Thursday 1/21/21 at 12:30 pm EST. Thank you, 1 Ann P. Jennejohn From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent: Friday, January 15, 2021 1:20 PM To: Ann P.Jennejohn; GMDZoningDivisionAds Subject: RE: NDN Proof PL20200001309 (HEX 2-11-21) Approved. Respectfully, John Kelly Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Goiter County Growth Management Department From:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Sent: Friday,January 15, 2021 10:17 AM To:GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov> Subject: NDN Proof PL20200001309 (HEX 2-11-21) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Please review the notice referenced above for placement January 22, for a HEX Hearing ovl February 11, 202.1. Thav►k you! 1 Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, January 19, 2021 1:47 PM To: Minutes and Records Cc: GMDZoningDivisionAds; kellyj Subject: FW: NDN Proof PL20200001309 (HEX 2-11-21) Attachments: RE: NDN Proof PL20200001309 (HEX 2-11-21); ND-GC10572788-01.pdf Importance: High Good afternoon M&R: We have received approvals for PL2020-1309 Gaynor Dock BDE. Please proceed with final processing. Thank you kindly! Respectfully, LA6La ea4.4govet Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ter County Exceeding Expectations From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent: Friday,January 15, 2021 1:20 PM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; GMDZoningDivisionAds <G M DZo n i ngD ivi s i o nAd s@ co l l i e rco u ntyfl.gov> Subject: RE: NDN Proof PL20200001309 (HEX 2-11-21) Approved. Respectfully, John Ke[Cy Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 1 c4ty Growth Management Department From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday,January 15, 2021 10:17 AM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov> Subject: NDN Proof PL20200001309 (HEX 2-11-21) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Please review the notice referenced above for placement January 22, for a HEX Hearing on February 11, 2021. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II t+4s � Clerk to the Value Adjustwtent I3oard `ram, Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt ttf �SK�n t�`�'. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawtiawi Trail, Suite 401 Naples, FL 34112-5324 www.CollierClerk.com noreply@salesforce.com <noreply@salesforce.com>On Behalf Of Jennifer Peterson Sent: Friday,January 15, 2021 10:11 AM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: ND-GC105727881 Proof Preview Naples Daily News External Message: Please use caution when opening attachments,clicking links,or replying to this message. Good morning Ann, 2 Ann P. Jennejohn From: Jeff Rogers <Jeff@thanaples.com> Sent: Tuesday, January 19, 2021 12:22 PM To: GMDZoningDivisionAds; kellyj Subject: RE: NDN Proof PL20200001309 (HEX 2-11-21) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved. Regards, Jeff Rogers Project Manager Turrell,Hall&Associates, Inc. Marine&Environmental Consulting 3584 Exchange Ave. Naples,FL. 34104-3732 Phone: (239) 643-0166 Fax: (239) 643-6632 THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION TI1AT IS PRIVILEGED,CONFIDENTIAL,WORK PRODUCT AND/OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF TI IIS MESSAGE IS NOT TI IF.INTENDED RECIPIENT(OR TI IE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO TI IE INTENDED RECIPIENT),YOU ARE I IEREBY NOTIFIED TI IAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF TI IIS COMMUNICATION IS PROI IIBITED, IF YOU 1 IAVE RECEIVED Ti IIS COMMUNICATION IN ERROR,PLEASE NOTIFY US BY TELEPI ZONING US(COLLECT)AND RETURN TT IF ORIGINAL MESSAGE TO US A 1 THE ADDRESS ABOVE E AT OUR EXPENSE. From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent:Tuesday,January 19, 2021 11:20 AM To:Jeff Rogers<Jeff@thanaples.com>; KellyJohn <John.Kelly@colliercountyfl.gov> Cc: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: FW: NDN Proof PL20200001309 (HEX 2-11-21) Importance: High Jeff, Good morning. I hope this email finds you well. I am completing ad proofs for 2/11 HEX,this is the ad proof for Gaynor Dock BDE- Please review and approve this ad proof. Planner has approved ( see below). You may have received this ad proof from Francine, I apologize if this is a duplicate, but I am stepping in to complete the advertisements she was working on last week. Thank you,Jeff,for your prompt attention to this matter, reply approved if you are good with this ad proof. Respectfully,�" ��JJ 4.�#td.4,41 CiCwut4-ua Operations Coordinator-Zoning Division 1 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Corer County Exceeding Expectations From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent: Friday,January 15, 2021 1:20 PM To: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: NDN Proof PL20200001309 (HEX 2-11-21) Approved. Respectfully, John Kerry Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning %2 ti e Co ldr County Growth Management Department From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent: Friday,January 15, 2021 10:17 AM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov> Subject: NDN Proof PL20200001309 (HEX 2-11-21) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, 2 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, January 19, 2021 2:09 PM To: 'Jennifer Peterson'; Naples Daily News Legals Subject: RE: ND-GC105727881 Proof Preview Naples Daily News Approved for publicatiovt Friday, January 22, 2.02.1. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ` t.,tYt�K:xr Clerk to the Value Adjustment Board Office: 2367-252-8406 Fax: 239-252-8408 (if applicable) Avwt.Jevtvtejohvt@CollierClerk.cow • •`te4 Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tawuawu Trail, Suite *401 Naples, FL 34112-5324 www.CollierClerk.cowt noreply@salesforce.com <noreply@salesforce.com> On Behalf Of Jennifer Peterson Sent: Friday,January 15, 2021 10:11 AM To:ganlegpubnotices4@gannett.com; Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: ND-GC105727881 Proof Preview Naples Daily News External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning Ann, I work with the Naples Daily News Legal Department and have your creative ready for your review: Order# ND- GC10572788 The attached is set to run in the Main section of the Daily News on 1/22/21 for a total cost of$1,040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Our final creative deadline is Thursday 1/21/21 at 12:30 pm EST. Thank you, Jennifer Peterson Account Coordinator/SMB 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: REQUEST FOR A 30-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06.E.1 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 50 FEET, TO REPLACE THE EXISTING DOCK FACILITY WITH A BOAT DOCK FACILIITY WITH TWO BOATLIFTS,ONE FOR A 33-FOOT VESSEL AND THE OTHER FOR TWO PERSONAL WATERCRAFT, LOCATED ON LOT 109, LESS THE WESTERLY 5 FEET THEREOF, ISLES OF CAPRI NO. 1,AS RECORDED IN PLAT BOOK 3, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY,ALSO KNOWN AS 75 PELICAN STREETW, IN SECTION 31,TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, [PL20200001309] Copal B Pelicari �C? ST VIA oy' Project W of Location a 1 � w All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive. Naples. FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfI oov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101. Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida Natileri Bat Nritt HAR1 Of THE USA TODAY NE TWOkl.: Published Daily Naples, FL 34110 COLLIER COUNTY HEX 3299 TAMIAMI TRL STE 401 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida ,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1/22/2021 Subscribed and sworn to before on January 22nd,2021 ay1 Notary,State of WI,County of Brown TA RA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6,2021 PUBLICATION COST:$1,040.26 AD NO:GCI0572788 CUSTOMER NO:COLLIER CO HEX PO#:PL20200001309 75 PELICAN ST NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: REQUEST FOR A 30-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20 FEET ALLOWED BY SECTION 5.03.06.E.1 OF THE LAND DEVELOPMENT CODE, FOR A TOTAL PROTRUSION OF 50 FEET, TO REPLACE THE EXISTING DOCK FACILITY WITH A BOAT DOCK FACILITY WITH TWO BOATLIFTS,ONE FOR A 33-FOOT VESSEL AND THE OTHER FOR TWO PERSONAL WATERCRAFT,LOCATED ON LOT 109,LESS THE WESTERLY 5 FEET THEREOF, ISLES OF CAPRI NO. 1,AS RECORDED IN PLAT BOOK 3, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY,ALSO KNOWN AS 75 PELICAN STREET W,IN SECTION 31,TOWNSHIP 51 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200001309] Capri BL Pelica r)-1CO Project \co Locationrn �' 0 73 v0 m Qf Co11ier All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.collierr_ount ffl.dov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely In this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida ND-GCI0S727M-01 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, January 13, 2021 12:21 PM To: Minutes and Records Subject: FW: PL20200001732 Documents for Ad approval Attachments: PL20200001732.pdf; PL20200001732 Ad 2.11.21.docx; 2 x 3 Ad Map.pdf From: FrancineHomchakVEN <Francine.Homchak@colliercountyfl.gov> Sent: Wednesday,January 13, 2021 11:55 AM To:Ann P.Jennejohn<Ann.Jennejohn@collierclerk.com> Subject: PL20200001732 Documents for Ad approval Ann, Per your request, please review and approve documents. Respectfully, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-4329 Francine Homchak@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co -ler County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 January 07, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22,2021,and furnish proof of publication to the attention of John Kelly, Planner,Senior in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4(3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION:ZONING [Zoning Services Section] FUND &COST CENTER: 131-138350-649100-00000 PURCHASE ORDER NUMBER: 4500205973 Account Number: 323883 Authorized De nee signature for HEX Advertising PL20200001732 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN AFTER THE FACT VARIANCE REQUEST Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., February 11th, 2021, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples Fl 34104,to consider: AN AFTER-THE-FACT VARIANCE REQUEST FROM SECTION 4.02.01.A, TABLE 2.1, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 17.1 FEET ON THE EAST SIDE, AND TO 15.77 FEET FOR A ROOF OVERHANG, FOR AN EXISTING SINGLE FAMILY DWELLING IN THE ESTATES (E) ZONING DISTRICT LOCATED AT 689 35TH AVENUE NW AND FURTHER DESCRIBED AS THE WEST 180 FEET OF TRACT 36, GOLDEN GATE ESTATES UNIT NO. 37, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST,COLLIER COUNTY,FLORIDA. [PL20200001732] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Andrew Dickman Chief Hearing Examiner Collier County,Florida r � o � J � 0 a CD ir 3' m z �� Wilson BLVD 73 0 Acct #323883 January 13, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: PL20200001309 — 689 35TH Avenue NW (Display Ad w/map) Dear Legals: Please advertise the above referenced notice on Friday, January 22, 2021 (display ad w/map). The advertisement must be a 1h (3x10) page advertisement and the headline in the advertisement must be in a type no smaller than 18 point. the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear, and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500200458 January 13, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on January 22, 2021 and furnish proof of publication to the attention of the Minutes & Records Department, 3299 Tamiami Trail East, Naples, FL 34112. The advertisement must be a 1/4(3x10)page advertisement,and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section] FUND & COST CENTER: 131-138350-649100-00000 PURCHASE ORDER NUMBER: 4500200458 Account Number: 323883 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN AFTER THE FACT VARIANCE REQUEST Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M.,February 11th,2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: AN AFTER-THE-FACT VARIANCE REQUEST FROM SECTION 4.02.01.A, TABLE 2.1, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 17.1 FEET ON THE EAST SIDE,AND TO 15.77 FEET FOR A ROOF OVERHANG, FOR AN EXISTING SINGLE FAMILY DWELLING IN THE ESTATES (E) ZONING DISTRICT LOCATED AT 689 35TH AVENUE NW AND FURTHER DESCRIBED AS THE WEST 180 FEET OF TRACT 36, GOLDEN GATE ESTATES UNIT NO. 37, IN SECTION 16, TOWNSHIP 48 SOUTH,RANGE 27 EAST,COLLIER COUNTY,FLORIDA. [PL20200001732] (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Andrew Dickman Chief Hearing Examiner Collier County,Florida Ir � o o • o o em'k 3' rn °� z � Wilson, BLVD v a_ • =- 77 667 c� 70 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, January 13, 2021 3:03 PM To: Naples Daily News Legals Subject: PL20200001732 (Display Ad w/MAP) Attachments: PL20200001732 689 35TH Avenue NW (HEX 2-11-2021).docx; PL20200001732 689 35th Ave. NW (HEX 2-11-21) .docx; PL20200001732 689 37th Ave, NW (HEX 2-11-21).pdf Please advertise the attached Display Ad (w/MAP) on Friday, January 22., 2021. Thank you! Ann Jenne,joltn 13MR Senior Deputy Clerk II ` ti.,rtYMgrd Clerk to the Value Adjustw►ent 13oard Office: 239-252-8406. Fax: 239-252-8408 (if applicable) Ann.Jennejohv@CollierClerk.cowt f • art, t7t Office of the Clerk of the Circuit Court '� wNS •% & Comptroller of Collier County 3299 Tawtiami Trail, Suite #401 Naples, FL- 34112-5324 www.CollierClerk.cow i Ann P. Jennejohn From: Staley, Michael <mstaley@localiq.com> Sent: Thursday, January 14, 2021 8:24 AM To: Ann P. Jennejohn Cc: Gannett Legals Public Notices Subject: Ad Proof - GCI0572885 Attachments: GC10572885.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GCI0572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Michael Staley Account Coordinator I SMB (888) 986-9891 I Office mstaley@localiq.com NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN AFTER THE FACT VARIANCE REQUEST Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: AN AFTER-THE-FACT VARIANCE REQUEST FROM SECTION 4.02.01.A, TABLE 2.1, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 17.1 FEET ON THE EAST SIDE, AND TO 15.77 FEET FOR A ROOF OVERHANG, FOR AN EXISTING SINGLE FAMILY DWELLING IN THE ESTATES (E) ZONING DISTRICT LOCATED AT 689 35TH AVENUE NW AND FURTHER DESCRIBED AS THE WEST 180 FEET OF TRACT 36, GOLDEN GATE ESTATES UNIT NO. 37, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20200001732] Project Location r o _ Ji 5th AVE NW m Oil Well RD p- Randall-BLVD Immokalee R All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida ND-GC10572885.01 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, January 14, 2021 8:29 AM To: GMDZoningDivisionAds Cc: kelly�j Subject: NDN Ad Proof PL20200001732 (689 35th Ave. NW - HEX 2-11-21) Attachments: GC10572885.pdf Good Morvtivtg, Please review the attached notice that will be published Friday, Javtuary 22 for a February 11, 2021 HEX Hearivtg. Thavtk you. Ann Jennejotin I3MR Sevtior Deputy Clerk II 0.01itH:k4, Clerk to the Value Adjustwtevtt 13oard Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Avtvt.Jevwtejohvt@CollierClerk.cowt Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Taw►iawti Trail, Suite *401 Naples, FL 34112-5324 www.Coll ierClerk.cowt Staley, Michael<mstaley@localiq.com> Sent:Thursday,January 14, 2021 8:24 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject: Ad Proof-GC10572885 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GC10572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. 1 Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, January 19, 2021 11:27 AM To: Minutes and Records Cc: GMDZoningDivisionAds; kelly.j Subject: FW APPROVAL: NDN Ad Proof PL20200001732 (689 35th Ave. NW - HEX 2-11-21) Attachments: Re: FW: NDN Ad Proof PL20200001732 (689 35th Ave. NW - HEX 2-11-21); GC10572885.pdf Importance: High Good morning, We have received all approvals see below and attached. Please proceed with final processing for 2/11 Hex for PL2020- 1732.Thank you kindly for your prompt attention to this matter. Happy Tuesday!!! Respectfully, Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Colter County Exceeding Expectations From: KellyJohn <John.Kelly@colliercountyfl.gov> Sent: Friday,January 15, 2021 4:09 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Cc: amagdevys@gmail.com; AlexandraCasanovaVEN <Alexandra.Casanova@colliercountyfl.gov> Subject: RE: NDN Ad Proof PL20200001732 (689 35th Ave. NW- HEX 2-11-21) If seeking approval, approved. I don't process ad requests. Respectfully, John Keay Senior Planner Zoning Division-Zoning Services Section 2800 North Horseshoe Drive,Naples Florida 34104 Phone:239.252.5719 Fax:239.252.6363 NOTE:Email Address Has Changed Email:John.Kelly@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning 1 Ann P. Jennejohn From: Magdevys Abreu-LUXURY 360-Realtor <amagdevys@gmail.com> Sent: Friday,January 15, 2021 3:38 PM To: GMDZoningDivisionAds Cc: kel ly..j Subject: Re: FW: NDN Ad Proof PL20200001732 (689 35th Ave. NW - HEX 2-11-21) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved. Thank you Do you take care of advertising or I have to do it? On Fri,Jan 15, 2021 at 2:55 PM GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>wrote: Good afternoon, Please process this ad request at your earliest convenience. Thank You, Respectfully, Fra f-towt.ak12 Operations Coordinator-Zoning Division 2800 North Horseshoe Drive,Naples,FL 34104 Phone: 239-252-4329 Francine Homchak@colliercountyfl.gov 1 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, January 19, 2021 2:00 PM To: 'Staley, Michael'; Naples Daily News Legals Subject: RE: Ad Proof - GCI0572885 Approved for publicatiovt Friday, January 22, 2021. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ` t.,,T�Y,,;k� Clerk to the Value Adjustmentr3oard 44,4 ' Office: 239-252-8406 Fax: 239-252-8408 (if applicable) 5 Avwt.Jertvtejohvt@CollierClerk.cowt � �r Office of the Clerk of the Circuit Court �e�'4'<<Kr;.t` & Comptroller of Collier County 3299 Tawtiawti Trail, Suite #4O1 Naples, FL- 34112-5324 www.CollierClerk.com From: Staley, Michael<mstaley@localiq.com> Sent:Thursday,January 14, 2021 8:24 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject:Ad Proof-GC10572885 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GC10572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. i NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN AFTER THE FACT VARIANCE REQUEST Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: AN AFTER-THE-FACT VARIANCE REQUEST FROM SECTION 4.02.01.A, TABLE 2.1, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 17.1 FEET ON THE EAST SIDE, AND TO 15.77 FEET FOR A ROOF OVERHANG, FOR AN EXISTING SINGLE FAMILY DWELLING IN THE ESTATES(E)ZONING DISTRICT LOCATED AT 689 35TH AVENUE NW AND FURTHER DESCRIBED AS THE WEST 180 FEET OF TRACT 36, GOLDEN GATE ESTATES UNIT NO. 37, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20200001732] Project Location -- 35th AVE NW co Oil Well RD 0 — — Randall-BL VD lmmakalee All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section. 2800 North Horseshoe Drive. Naples. FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic. the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380,at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida N�-�i�G5-39ai-3I Naples Iai[iiLiu PART OF THE USA TODAY NE MORN Published Daily Naples, FL 34110 COLLIER COUNTY HEX 3299 TAMIAMI TRL STE 401 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed Affiant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County,Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida ,for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1/22/2021 Subscribed and sworn to before on January 22nd,2021 Notary,State of WI,County of Brown _ TAR/ MONDLOCFI Notary Public State of Wisconsin My commission expires: August 6,2021 PUBLICATION COST:$1,040.26 AD NO:GCI0572885 CUSTOMER NO:507876 PO#:PL20200001309 NOTICE OF PUBLIC HEARING --NOTICE OF INTENT TO CONSIDER AN AFTER THE FACT VARIANCE REQUEST Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M.,February 11th,2021,in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: AN AFTER-THE-FACT VARIANCE REQUEST FROM SECTION 4.02.01.A, TABLE 2.1, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE TO REDUCE THE MINIMUM SIDE YARD SETBACK FROM 30 FEET TO 17.1 FEET ON THE EAST SIDE, AND TO 15.77 FEET FOR A ROOF OVERHANG, FOR AN EXISTING SINGLE FAMILY DWELLING IN THE ESTATES (E)ZONING DISTRICT LOCATED AT 689 35TH AVENUE NW AND FURTHER DESCRIBED AS THE WEST 180 FEET OF TRACT 36, GOLDEN GATE ESTATES UNIT NO. 37, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL20200001732] Project -__ Location -- - o _ �(� J 5th AVE NWco _ -- Oil Well RD .. - o , -- tn -t -(c ?`R 4 1 ? _ _ -- p- Randall-BL.D 1 `7- Immokalee R = -4---7 1 - I 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida NO-LCIO512M3.01 Ann P. Jennejohn From: FrancineHomchakVEN <Francine.Homchak@colliercountyfl.gov> Sent: Wednesday, January 13, 2021 12:50 PM To: Ann P.Jennejohn Subject: PL20190002701 Corrections on Ad submittal documents Attachments: AD Request PL20190002701.pdf; Ad Request PL20190002701.docx; 2 x 3 Ad Map.pdf Ann, Please review the attached document for approval. Respectfully, HcP vviLM f-tovu.ck Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-4329 Francine Homchak@colliercountvfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ter County Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Ann P. Jennejohn From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Tuesday, January 12, 2021 2:14 PM To: FrancineHomchakVEN; Minutes and Records; GMDZoningDivisionAds Cc: klotze@ignitewireless.com Subject: RE: For Approval Hi all, The LDC Section should read 5.05.09(G)(7)(b) From: FrancineHomchakVEN <Francine.Homchak@colliercountyfl.gov> Sent:Tuesday,January 12, 2021 1:07 PM To: Minutes and Records<MinutesandRecords@collierclerk.com>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; klotze@ignitewireless.com Subject: For Approval Please review and approve at your earliest convenience. Respectfully, Fra tA,aLK,e +-t-o vut,l4a V2oVVt,cli Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples,FL 34104 Phone:239-252-4329 Francine Homchak@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. Co ier Count Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 January 11, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 22, 2021, and furnish proof of publication to the attention of Timothy Finn, Principal Planner in the Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be a 1/4(3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section) FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500200458 Account Number: 323883 Authoriz Designee signs ure-for HEX Advertising PL20190002701 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., February 11, 2021, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive,Room 609/610,Naples Fl 34104,to consider: PETITION NO.VA-PL20190002701—CITYSWITCH II-A,LLC REQUEST TWO VARIANCES FROM LDC SECTION 5.05.09(G)(7)(B), TO REDUCE THE EASTERN BOUNDARY SETBACK OF 125 FEET TO 60.5 FEET AND FROM THE WESTERN BOUNDARY SETBACK OF 125 FEET TO 82.2 FEET FOR A PROPOSED 250 FOOT COMMUNICATIONS TOWER ON A PARCEL IN THE EAST Y2 OF THE NORTHWEST'A OF THE SOUTHWEST'A OF THE NORTHEAST'/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH,RANGE 27 EAST, COLLIER COUNTY,FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Thomas Clarke at(239) 252-2526 or email to Thomas.Clarke@CollierCountyFL.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356, (239)252-8380, at least two days prior to the meeting. Andrew Dickman, Hearing Examiner Collier County, Florida -0 E. cD ,_ P4k CD co _GO v -* Wilson Kapok ST BLVD ci) -o -I / 2 E. '..... 0 13 11) 0 3 a) = .• .... 1> 'Y. cp -co ._ o. � m v m Acct #323883 January 13, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VA-PL20190002701 — Cityswitch (Display Ad w/map) Dear Legals: Please advertise the above referenced notice on Friday, January 22, 2021 (display ad w/map). The advertisement must be a 1/4 (3x10) page advertisement and the headline in the advertisement must be in a type no smaller than 18 point. the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear, and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500200458 January 13, 2021 Collier County Hearing Examiner Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, January 22, 2021, and furnish proof of publication to the attention of the Minutes& Records Department,3299 Tamiami Trail East,Suite#401, Naples, FL, 34112. The advertisement must be a 1/4 (3x10) page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Please reference the following on ALL Invoices: DIVISION: ZONING [Zoning Services Section} FUND & COST CENTER: 131-138326-649100-00000 PURCHASE ORDER NUMBER: 4500200458 Account Number: 323883 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., February 11, 2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive,Room 609/610,Naples FL 34104,to consider: PETITION NO.VA-PL20190002701—CITYSWITCH II-A,LLC REQUEST TWO VARIANCES FROM LDC SECTION 5.05.09(G)(7)(b),TO REDUCE THE EASTERN BOUNDARY SETBACK OF 125 FEET TO 60.5 FEET AND FROM THE WESTERN BOUNDARY SETBACK OF 125 FEET TO 82.2 FEET FOR A PROPOSED 250 FOOT COMMUNICATIONS TOWER ON A PARCEL IN THE EAST '/2 OF THE NORTHWEST '/a OF THE SOUTHWEST '/a OF THE NORTHEAST 'A OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 49 SOUTH,RANGE 27 EAST,COLLIER COUNTY, FLORIDA. (insert map) All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive,Naples,FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.For additional information about the meeting,please call Thomas Clarke at(239) 252-2526 or email to Thomas.Clarke@CollierCountyFL.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112- 5356,(239)252-8380, at least two days prior to the meeting. Andrew Dickman, Hearing Examiner Collier County,Florida -0 CD ,_ Fit -CD co Wilson Kapok ST BLVD 1 � -o a)02CD r. 'a' = o mr) -2) o o 3 = ...• Ft.). ca ..... _> , at cco co o � m p m Ann P. Jennejohn From: Ann P.Jennejohn Sent: Wednesday, January 13, 2021 3:21 PM To: Naples Daily News Legals Subject: VA-PL20190002701 (Display Ad w/MAP) Attachments: VA-PL20190002701 Cityswitch (HEX 2-11-2021).docx; VA-PL20190002701 Cityswitch (HEX 2-11-20).docx; VA-PL20190002701 Cityswitch (HEX 2-11-21).pdf Please advertise the attached Display Ad (w/MAP) on Friday, January 22, 2021. Thank you Ann Jennejohn 13MR Senior Deputy Clerk 11 ` ear�Yk,pr•r Clerk to the Value Adjustment 13oard . Office: 2367-252-840(0 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.coon Office of the Clerk of the Circuit Court r��'r��xr+•'�, & Comptroller of Collier County 32q Taw.iavni Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com Ann P. Jennejohn From: Staley, Michael <mstaley@localiq.com> Sent: Thursday, January 14, 2021 8:26 AM To: Ann P. Jennejohn Cc: Gannett Legals Public Notices Subject: Ad Proof- GC10572889 Attachments: GC10572889.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GC10572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Michael Staley Account Coordinator I SMB (888) 986-9891 I Office mstaley@localiq.com NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 9:00 A.M., February 11, 2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20190002701 — CITYSWITCH II-A, LLC REQUEST TWO VARIANCES FROM LDC SECTION 5.05.09(G)(7)(b), TO REDUCE THE EASTERN BOUNDARY SETBACK OF 125 FEET TO 60.5 FEET AND FROM THE WESTERN BOUNDARY SETBACK OF 125 FEET TO 82.2 FEET FOR A PROPOSED 250 FOOT COMMUNICATIONS TOWER ON A PARCEL IN THE EAST / OF THE NORTHWEST 1/a OF THE SOUTHWEST 14 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/a OF SECTION 15,TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Golden Gate BLVD W Golden Gate BLVD E o c � >1 Fran ipani AVE F_ I Cl) - o Projecto. _ co Location - All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section,2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Thomas Clarke at(239)252-2526 or email to Thomas.Clarke@CollierCountyFL.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239) 252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida ND-GC10572889-01 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, January 14, 2021 8:35 AM To: GMDZoningDivisionAds Cc: FinnTimothy Subject: NDN Ad Proof PL20190002701 (Cityswitch - HEX 2-11-21) Attachments: GC10572889.pdf Good Morning, Please review the attached notice that will be published Friday, January 22 for a February 1-1, 2021 HEX Hearivtg. Thank you. Ann Jenne,jolin 13MR Senior Deputy Clerk II to,-4.0K.,r Clerk to the Value Adjustment 13oard ` r�i Office: z39-2s2-84o10 Fax: 239-252-8408 (if applicable) Avtvt.Jevwtejohvt@CollierClerk.cowt Office of the Clerk of the Circuit Court rk�,I , ,r & Comptroller of Collier County 32qq Tavvtiawti Trail, Suite #401 Naples, FL 34112-5324 www.Coll ierClerk.cowt Staley, Michael <mstaley@localiq.com> Sent:Thursday,January 14, 2021 8:26 AM To: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject:Ad Proof- GC10572889 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GC10572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. i Ann P. Jennejohn From: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent: Thursday, January 14, 2021 10:37 AM To: Ann P.Jennejohn; GMDZoningDivisionAds Subject: RE: NDN Ad Proof PL20190002701 (Cityswitch - HEX 2-11-21) Approved From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Thursday,January 14, 2021 8:35 AM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Cc: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: NDN Ad Proof PL20190002701 (Cityswitch - HEX 2-11-21) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning, Please review the attacked vtotice that will be published Friday, January zz for a February 11, 2021 HEX Hearing. Thank you. Ann Jennejohn 13MR Senior Deputy Clerk II tm4.Yk:kr Clerk to the Value Adjustment Hoard 4L Office: 23q-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cow • • Office of the Clerk of the Circuit Court & Comptroller of Collier County 3z99 Tawtiawi Trail, Suite 4M-01 Naples, FL 34112-5324 www.CollierClerk.cowt Staley, Michael<mstaley@localiq.com> Sent:Thursday,January 14, 2021 8:26 AM To:Ann P.Jennejohn <Ann.Jenneiohn@collierclerk.com> Cc: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject: Ad Proof- GC10572889 1 Ann P. Jennejohn From: GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Sent: Tuesday, January 19, 2021 12:00 PM To: Minutes and Records Cc: GMDZoningDivisionAds; FinnTimothy Subject: FW: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower (VA) Attachments: FW: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower (VA); GC10572889.pdf Importance: High M&R: Please find all the approvals for ad proof for Kapok St Cell Tower(VA). Please proceed for final processing.Thank you kindly!!! Respectfully, ll e age614 eamito a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. CoiLtier Couvit Exceeding Expectations From: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Sent: Friday,January 15, 2021 2:00 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Kendal Lotze <Kendal@Ignitewireless.com> Subject: RE: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower(VA) Approved From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday,January 15, 2021 1:52 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; Kendal Lotze <Kendal(c@Ignitewireless.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds(a@colliercountyfl.gov> Subject: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower(VA) Importance: High Tim and Kendal, As discussed over the phone, please find the attached ad proof for Kapok St SLC009 AT&T FirstNet Cell Tower(VA)for your review and approval to meet advertising deadlines.Thank you both so much for your review and approval. 1 Ann P. Jennejohn From: Kendal Lotze <Kendal@Ignitewireless.com> Sent: Tuesday,January 19, 2021 11:47 AM To: CasanovaAlexandra Cc: GMDZoningDivisionAds; FinnTimothy Subject: FW: 2/11 HEX Ad proof approval needed for PL2O19-2701 Kapok St SLCO09 AT&T FirstNet Cell Tower (VA) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Alexandra, I just saw your email requesting the approval. I had tried to send that in yesterday (please see below) but I now see that there were two different emails asking for approval and you were not attached to the email I sent.We are giving our approval, sorry for any confusion or delay. Thank you, Kendal Lotze/Project Manager kendaI ignitewireless.com Ignite Wireless Cell:770-862-8089 Office:470-239-0846 102 Mary Alice Park Road,Suite 505 Cumming,GA 30040 www.ionitewireless.com Ign iteWirettess From: Kendal Lotze Sent: Monday,January 18, 2021 9:37 AM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; GMDZoningDivisionAds <GMDZoningDivisionAds@colliercountyfl.gov> Subject: RE: 2/11 HEX Ad proof approval needed for PL2O19-2701 Kapok St SLCOO9 AT&T FirstNet Cell Tower(VA) Hello, I heard back from Mr. Wright and this is also approved on our end as well. Please let me know if there is anything else I can do to assist! Thank you, Kendal Lotze/Project Manager kendal(cilignitewireless.com Ignite Wireless Cell:770-862-8089 1 Office:470-239-0846 102 Mary Alice Park Road,Suite 505 Cumming,GA 30040 www.ignitewireless.com ieNth IgniteW reless From: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Sent: Friday,January 15, 2021 2:00 PM To: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Kendal Lotze <Kendal@Ignitewireless.com> Subject: RE: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower(VA) Approved From: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Sent: Friday,January 15, 2021 1:52 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov>; Kendal Lotze<Kendal@Ignitewireless.com> Cc: GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov> Subject: 2/11 HEX Ad proof approval needed for PL2019-2701 Kapok St SLC009 AT&T FirstNet Cell Tower(VA) Importance: High Tim and Kendal, As discussed over the phone, please find the attached ad proof for Kapok St SLC009 AT&T FirstNet Cell Tower(VA)for your review and approval to meet advertising deadlines.Thank you both so much for your review and approval. Respectfully, exa�rdna C 0 a Operations Coordinator-Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2658 Alexandra.Casanova@colliercountyfl.gov Tell us how we are doing by taking our Zoning Division Survey at htto://bit.ly/CollierZoning. Co .tier Count Exceeding Expectations Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, January 19, 2021 12:09 PM To: 'Staley, Michael' Subject: RE: Ad Proof - GC10572889 Approved For publication! Thank you. Ann Jenne,jotin 13MR Senior Deputy Clerk II kriTtYH:kT Clerk to the Value Adjustonent Board AS",. ,' Office: 2.39-252-8406 Fax: 239-252-8408 (if applicable) , Ann.Jennejohn@CollierClerk.cowW r'x, 4§ Office of the Clerk of the Circuit Court & Cowtptroller of Collier County 3299 Tawtiawu Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.cot Staley, Michael <mstaley@localiq.com> Sent:Thursday,January 14, 2021 8:26 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Cc: Gannett Legals Public Notices<GanLegPubNotices@gannett.com> Subject: Ad Proof- GC10572889 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, I work with your Legal Sales Representative, Brittany Grady, and have your creative ready for your review: Order# GC10572885 The attached is set to run in the Naples Daily News on 1/22 for a total cost of$1040.26. Please let me know if you'd like any updates to your ad or if this is approved for publication. Michael Staley Account Coordinator I SMB (888)986-9891 I Office mstaley@localiq.com 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M., February 11,2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. VA-PL20190002701 — CITYSWITCH II-A, LLC REQUEST TWO VARIANCES FROM LDC SECTION 5.05.09(G)(7)(b), TO REDUCE THE EASTERN BOUNDARY SETBACK OF 125 FEET TO 60.5 FEET AND FROM THE WESTERN BOUNDARY SETBACK OF 125 FEET TO 82,2 FEET FOR A PROPOSED 250 FOOT COMMUNICATIONS TOWER ON A PARCEL IN THE EAST I/2 OF THE NORTHWEST ?/a OF THE SOUTHWEST 1;'s OF THE NORTHEAST ?'a OF THE NORTHWEST ?'a OF SECTION 15,TOWNSHIP 49 SOUTH, RANGE 27 EAST,COLLIER COUNTY, FLORIDA. i Ili ' Golden Gate BLVD W Golden Gate BLVD E. o CI to J Frangip ni VE .co - o r Project c Location Y Z i - All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing, The file can be reviewed at the Collier County Growth Management Department. Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive. Naples. FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detail ng how they can participate remotely in this meeting. For additional information about the meeting, please call Thomas Clarke at(239)252-2526 or email to Thomas.Clarke@CollierCountyFL.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida IktiL rlu,3 PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 COLLIER COUNTY HEX 3299 TAMIAMI TRL STE 401 NAPLES,FL 34112 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affant further says that the said Naples Daily News is a newspaper published at Naples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1/22/2021 Subscribed and sworn to before on January 22nd,2021 nla, t4._.YY1 rx-4.._� Notary,State of WI,County of Brown TAFRA MONDLOCH Notary Public State of Wisconsin My commission expires: August 6,2021 PUBLICATION COST:$1,040.26 AD NO:GCI0572889 CUSTOMER NO:507876 PO#:PL20200002701 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX)at 9:00 A.M., February 11,2021, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104,to consider: PETITION NO. VA-PL20190002701 — CITYSWITCH II-A, LLC REQUEST TWO VARIANCES FROM LDC SECTION 5.05.09(G)(7)(b), TO REDUCE THE EASTERN BOUNDARY SETBACK OF 125 FEET TO 60.5 FEET AND FROM THE WESTERN BOUNDARY SETBACK OF 125 FEET TO 82.2 FEET FOR A PROPOSED 250 FOOT COMMUNICATIONS TOWER ON A PARCEL IN THE EAST 1/2 OF THE NORTHWEST '/4 OF THE SOUTHWEST 'A OF THE NORTHEAST IA OF THE NORTHWEST 1/4 OF SECTION 15,TOWNSHIP 49 SOUTH,RANGE 27 EAST, COLLIER COUNTY, FLORIDA. Golden Gate BLVD W Golden Gate BLVD E c �I N JI m IFt}anglipari A E co i - -- fl. i Project as I Location - All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one week prior to the hearing. The file can be reviewed at the Collier County Growth Management Department, Zoning Division, Zoning Services Section, 2800 North Horseshoe Drive, Naples, FL. The Hearing Examiner's decision becomes final on the date rendered. Any person who decides to appeal any 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 to evidence upon which the appeal is based. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely,should register up to 6 days in advance through the link provided on the front page of the county website at www.colliercountjj gp . Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Thomas Clarke at(239)252-2526 or email to Thomas.Clarke@CollierCountyFL.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division located at 3335 Tamiami Trail East, Suite 101, Naples, Florida 34112-5356, (239)252- 8380, at least two days prior to the meeting. Andrew Dickman, Chief Hearing Examiner Collier County, Florida ND-GCIO5?2M9-0, TejLAAj2S1 Lek._ a COLLIER COUNTY Collier County Hearing Examiner -11 • L i' jip r o '.-. OI AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples,FL 34104 February 11,2021 9: 00 AM Andrew W.J.Dickman,Esq.,AICP Hearing Examiner Note: 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 at Alexandra.CasanovaAcolliercountyfl.gov 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. Collier County Hearing Examiner Page 1 Printed 2/3/2021 . February 2021 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing A. PETITION NO. PL20200001309 BDE-75 Pelican St W-Request for a 30-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06.E.1 of the Land Development Code,for a total protrusion of 50 feet,to replace the existing dock facility with a boat dock facility with two boatlifts,one for a 33-foot vessel and the other for two personal watercraft,located on Lot 109,less the Westerly 5 feet thereof,Isles of Capri No. 1, as recorded in Plat Book 3, Page 41 of the Public Records of Collier County,also known as 75 Pelican Street W,in Section 31,Township 51 South,Range 26 East,Collier County, Florida. [Coordinator: John Kelly,Senior Planner] Commissioner District 1 B. PETITION NO. PL20200001732 VA-689 35th Avenue NW-An after-the-fact variance request from Section 4.02.01.A,Table 2.1,of the Collier County Land Development Code to reduce the minimum side yard setback from 30 feet to 17.1 feet on the east side, and to 15.77 feet for a roof overhang,for an existing single family dwelling in the Estates (E)zoning district located at 689 35th Avenue NW and further described as the West 180 feet of Tract 36, Golden Gate Estates Unit No.37,in Section 16, Township 48 South,Range 27 East, Collier County,Florida. [Coordinator: John Kelly, Senior Planner] Commissioner District 5 C. *** This item has been continued from the November 12, 2020 HEX Meeting, to the December 10,2020 HEX Meeting,to the January 14,2021 HEX Meeting,and further continued to the February 11,2021 HEX Meeting.***PETITION NO.VA PL20190002701— CitySwitch II-A,LLC request two variances from LDC Section 5.05.09(G)(7)(b),to reduce the eastern boundary setback of 125 feet to 60.5 feet and from the western boundary setback of 125 feet to 82.2 feet for a proposed 250 foot communications tower on a parcel in the east 1/Z of the northwest'/4 of the southwest 1/of the northeast 1/4 of the northwest%of Section 15, Township 49 South,Range 27 East, Collier County,Florida. [Coordinator: Timothy Finn,Principal Planner] Commissioner District 5 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 2/3/2021 • CD 0 . -,‹ -cs a. .: CO= . coc • co cp � �� a) Pam" m0 ro - P CD C) cum K � 23 E m cc"i, m 0 z � \ z cn mz ( � 0 3 A r ® or, 73 mov - Fri m O z m - o m -c75 > rn S g .^-l- m m * pro• CC Zm Z S -_< W !�i CD ®I G - _ 0_w ,` CL m = m Q, o m o � en P- 0c DO zv, 0 • z -=im rr— 70m ' 0 - D �. m T -°G -aCI) m r? 3 C —I CB O 73 0 C 0 -0O p O� m o �{ o.73 8 en a70 ro ITC o � IImz > * m ® zo 0 t/) r --I ew m- - E -0 ix › 0. m mr.i LI 0mp 3> m > m co M o * D 0G m t71 �' m = = C z o a, D m C") _ 0 ® DAD �' r mm n1-- ? >i" 0 z I="" 0 o • XI0 > m -n � 1— z 0 z = G) > 73 CD A) C CD P. cg -0 ® n o M. = O �6 (',. !! 11 m p m D 0 \ - - o co r rn o 0 co m -,1 70 = Vv M E -I -I O C3 2 0 zcn M CT3) moc ".e. z 0 (M/J z ® O m cn O� 0 rm 0 m �,l -Li ® m0 � �1V —1 co z = - 2 ® � � (� Gm� Z >z 73 f m rro m cn > m --Im M co1 Ea o zO a --1Zcn > CD rn � � c� � � � CD • -L, On 0m0 m =� y cn a a) -, z 70 < ►-' xco m 73 omzo , 0 -"I o -j ® mzD \` 3 0 0 = o rn mo -I Xzo N, r- coo ® o G) z o n � z m Do > 'ts � "T1 �r1 -�-{ n c d g O T mC z® m M mN " o po 1 ®] -1 p �i O n � D r= '1'.. J�1 = =10 > 7] - 2 ("- m O - Z II -1D ® m IDzoo Cl 1 F- z > C -I N 0 �/ 1 m a t7 ® dmrn �-. "� orz ® 0p TO Y mm CI`l O m l 1 ,-1 M 0 Cl) mm 0 D \ i M 0 z0 ® DAD •��, ` r`� mm � or 1--\ M 0 z 1 O b D > -< mmu -1.--'‹ M n o -{ • c' z` = xi CCD A2 c(n . ,. co C a � CD . co CD• CD C3 = rt. A3 O. Do cQ '. n) o = o .o • • _ `® 2 p m n O a ` > 73K i, . °° cum 0 C 0 aom .mn = �' = c,c -I -too71 z7 z c Z ucn' m g cn0o -I zz � 1 /, p m � � co - o 4 r ® Zmm m • GG) Zz V ® -o -t _ /1ZM G I O :c7 = o c..� 0_ CD m- —I 0 d -11 m•=I > a w g• CO n" z ® • =1m .,�8 .W � �r- m 0mQ 0mrn ,m , -< -� c^ m ( a® cc o 0 c: 0 ,0 = m oo 0 > zo — r- co ® • aG) ..) 1 0 M m D o, a °n � -1 � D137 = mC ® OPj maloo -j , O n cn y r- o . i-'i O 0 =i y 0 0 2 0 0 E _ z ›0.) _ po 0 ( 1 /) 1_ -1 -ip_iv. , .. I pa m z oar m m o70 . moo m o * Cro0 cl"o I- z 71 E -I 0.) t • - yo ml U) m2 -1-1 1 G)) Cr) m 0 . m L. 0 = 0 ® DzD • r- mm � 0r E 0 0 A 73 CD 523 r CD ER . � • CD Oax w C • = Ci .. CO 0 ZO MINIM 55 mcoZ m \ '1 C) •z cn -1 --�I O � � cn 1�I cnmc Z ozm � � � �i 'T1 D 0 m cn D m 73 OO c m -< z .� z - - Di-r Z = O7< o` ZO = --1Z01 r --I G-) x _1 m G s.,., / 'no� � Mm- Cl. CTI t� I v u . 'e1 � `n -G zz �` � --o ® m 3 C ^I cn 77 0 0 G 00 — l rn Xzo . r- eay a '�rn mM D 00 Mat Ill C m Z .7. o CI , O om Z moo 7" -n —1 » --1 0 — m1 0n CA Dr- o /. 1 O > :Z7 cn j Z -1D --t Ci Dm CIz S N i C) r -1 � s m � =CID CD "® rn m CTI D d_� ---c-• D D ® DZ i[7 � U, mcn � . m o * 0 o - . \, . mo Xi 73 0 = U'71 T Dm m gym = Is) < z CA D • m O - 0 m0 ® DAD r- m D1 �•/ rn p z I" Ob ' DD ZC) —� r- c < —1 --1 0 -E< — G) 73 • i ICD 523 2 CD C CD • �v r Cl) 1� A r m 0 m D O rs, c N ti, m . i.:pi „, . rn E ._, =-, . 00 0 71, . r 7_7 rn2 ® cnm o S q cnz 5mz 0 1= mz ® > o < rd —1 cn m = " z LD -- Ivt kJ mO � s� r�n � y \ ® zmc m Ozz CI ' 1 D p m En > m • jO Oa m •"-‹ z co � rO CD -4 c 73 --1 = �Vw ca. `S :n m ,0 � � 00cn --z o CL CU > --1z 73 < v? ^ . 170 =rrr �„ 0 • x -=1m �. en rrt .� -rn -t 0 ci mizi r o . -1 O = z - I K ;v oCo _ ®1 r" O ® DOz o■ 3 'T7 , — —1 m ---1 c, —1 On (� Dro . = O > z1 a ITI Oz K m Z rx .\ ® Z D> * m -IN j n1- -1 Os I rim" 0 1 73 A ITI ,u N '� Am ®I yob• ,ro• C1n' ci) o7 mm r p zr > m0 n D Gm0 0 v� rn O O = Dm fT1 cnm = ---1 m0 0) m0 I r m m ® 0 r .� _ r MI 0O z r-, O r0 • Q z n W � m = ocET, =► cn 0 `r" r0 . z = e 0 > r% ; n CD CD B a CD CD . � CD 0 z 0 P zo m no CD r- — o corn 0' o mm a -mn7 (• m cn -zi --i roc-) C, 2U, cl) mc z ov) Ng o -1 _ n ® mO r 2 xi G) W Op s n y ® m m G) Zz 0 0 o `� m z rrw r- O =Th * Wo 0 n D -1 W o `C2 z 'Tf Z T •-< CIO oi qm a to --1 0x Ca Z z w =rf oc D� g. o YA m Cf� m c7 cn p . -cr CL e ox < > U s z 0 • =1m 0' .1—,. mxim - ocnm — O m -1 0v ® mz � w ® . O 73 co cc ° rt m oo � Qzo 73 CA 'AT. CD I m m y W D C ®i 'p _ >�r7 cam"• ♦ r� ® zr m Z m z N r -` m O —1 m o �-i o ° Cn 0Eo \ . = -_i o > 73 en -• I7[ o -, o =1 D Cr K .CI + > * m z 1 _ rz > C �1 m -D M Cn0N CD el rn m m (-- n t' � 2 ' > m0 m o : C� o 0 73 6o r-- Z 73 0 -I Cmn Cz en ac::, D --i mo Cn mO -1 •P I-D0mo ® 7' C?it]ce rEs zm i " OOp • s73 C0 znc �� m = oC • Po m z ,--1 _ co 0 z = G) > XI • i CD a '0 a a c m a. E. Cl) CO J M n = o -® ® 0 mo � o _a / N G C� co rn 73 p i., _ m ccn —i --i Koo ....,-- ...... ® mc� cnm � N 0 r- e3 ? .., m 2 -1 CD G Y �ll� ® a n i rn 0 z z ® -o � m Q Fill 0 CO I Gzjx zoW� C2. =r1 = O lam[ m Y D O. o O "i� -I- a W = 0 � ={ m 0 .n.o... rn -CIrf7 ' --1= m ` 9 o ® -# ° m z ®—I . o WC � O m mOp- � z00 :`:- 0GD - 'E tm" m � DWD a � m r _i �. r.. -I -mom m = -Ctm (�� ® � comoo N 'l O r —1 W --1 0 . 0 O f rn ® O - M z P CI r- H 73 mO o = 6,) r I m Clop m CD 0 Iv CAD "v > ni mi > o .A -- m m ® O m m n 0 > o73 > m � O V" XI m • 7) > om rn om = r- mm ® � 0D ? _ rn -CI r— COI- . • 2 o D -� m m W r- c < -z--1 p .W< -< m = cU, C1 m ITI z -t . . cn 0 z = 1 CD DJ c � to CD tio ET P.o E. w z DO 13 o m r- mK r n!- E rit el ' CD 0 wm -m,-1 � = 0 z En- in ?U' 0 O um) z ® om go 0 mo r r�nz ADO C M 70 —1 mt )• - o .� ® Dom m G Zz -T1 1- 0 M Cn D ° 0 -0 -1 rnn -Z<O --I-Im * 2o D -1 III O CCI _I o_ OCm mDD fit. o co 0 ' x I �' .,�. r- m 73 iZo a e-F r i .� pm CD, I --1 '� ° ® m2 � P 0,1 = 0 o 0Dom m m1 m m o W D I I -a 'T 1 -in -i C MONK II—I 'a -I:/ _ --1 n C`? a 'rn m m p o Or Z. - _1 O n U) Si). r- o (1 . ni O o =ID CI ® Zoo 'b r Z > C CD sp rnm DD_� .` rn C7Z m :C7 rn 0 ®CrJ o G T D rn M cn m z -1 71 GZ0 Cr) m 0 D (� r mm ® › te a rm' m 3L:ipr 0 z 1 O 0 • 73 IID `< Zmm co 0) z = G) j I I I L ` FLORIDA LAW REGARDING VARIANCES A Continuing Legal Education (CLE) Program Presentation and Outline by Ralf Brookes, Attorney, Cape Coral/Longboat Key, Florida(updated 2018) Henry Lee Morgenstern, Attorney, Gainesville/Seville, Florida(2004) A. Introduction to Variances A variance is, generally,permission for a landowner to go outside the limits of the zoning code, and to build something which would otherwise be illegal under the terms of the zoning code or land development regulations. The reason or rationale behind the law allowing variances at all is that in some situations, the literal application of the zoning code would create such a "hardship", that it would not allow any use of certain parcels of property whatsoever. Without the flexibility to allow some reasonable use of the property, such totally prohibitive zoning would constitute inverse condemnation, subjecting the zoning authority to liability for a "taking". Askew v. Gables-by-the-Sea, Inc., 333 So.2d 56 (1 DCA 1976). Thus, the legal justifications for variances, and the threshold criteria for determination of a "taking", are closely related. (See, below, criteria for granting variances, when is it a taking not to allow a variance). A variance is sometimes mistakenly believed to be simply a tool for allowing a more intense use than would otherwise be allowed. As such, it needs to be distinguished from a special exception or conditional use. A "special exception" or conditional use is specifically authorized in that zone, but will be allowed only if specific, listed criteria for that special exception or conditional use are met. A variance is specifically prohibited in that zone, but will be allowed only if necessary to prevent a "taking", i.e., if no authorized use is reasonably possible in its place. Boards of adjustment have sometimes been unclear on this distinction, granting variances as a convenient expedient to avoiding the zoning and land development regulations. The criteria for obtaining variances are theoretically very strict, and the grounds for overturning illegal variances relatively easy to prove if sufficient facts and discussion of a legal hardship is not placed in the record. An Applicant's variance request must be reviewed on its own merits, rather than on the basis of previously approved variances in the jurisdiction. See City of Jacksonville v. Taylor, 721 So.2d 1212 (Fla. 1st DCA 1998). Previously issued variances do not establish controlling precedent or constitute a basis to sustain other variance applications. 1 B. Criteria for Granting Variances -Generally Ordinances authorizing variances may be worded in different ways, and you should always read your specific language carefully. The standards must be definite, City of Miami v. Save Brickell Ave., 426 So.2d 1100 (3 DCA 1983), and the criteria must be mandatory, and not permissive (i.e., "shall consider criteria" means "must comply with criteria"), id.; Drexel v. City of Miami Beach, 64 So.2d 317 (Fla. 1953). In 1985, local governments were given express authority to adopt variance criteria in their codes (most City's and County's adopted codifications of the existing law of variances with slight modifications in each locality). The repeal and replacement of Florida's standard zoning enabling act in 1985 when Florida's Growth Management Act of 1985 was adopted' did not diminish or substantially change the authority of local government or Florida law regarding variances, in fact previous Florida Law was codified in many local governments by ordinance. Both before and after 1985, the courts have followed long-established Florida law that a variance cannot be granted for self-created actions — and this requirement is codified in most city and county codes in Florida. Even after 1985, the courts have been very strict in their review of the hardship required to obtain a variance. Generally, a variance is authorized if due to circumstances unique to the applicant's property itself and not shared by other property in the area, there exists an undue and unnecessary hardship created by the zoning regulations. 1. The hardship cannot have been self-created. The hardship criteria found in variance provisions has a long line of cases and has been strictly construed by the courts. Josephson v. Autrey, 96 So.2d 784 (Fla. 1957). The criteria has been interpreted to mean three things: a. A mere economic disadvantage due to the owner's preference as to what he would like to do with the property is not sufficient to constitute a hardship entitling the owner to a variance. Burger King v. Metropolitan Dade County, 349 So.2d 210 (3 DCA 1977); Metropolitan Dade County v. Reineng, 399 So.2d 379 (3 DCA 1981); Nance, supra; Crossroads Lounge v. City of Miami, 195 So.2d 232 (DCA 1967). If, however,the only allowable uses are economically impossible, then a variance would be allowed. See, Town of Indiatlantic v. Nance, 400 So.2d 37 (Fla. 5th DCA 1981), approved, 419 So.2d 1041 (Fla.1982)." ("Nance II"), b. Neither purchase of property with zoning restrictions on it,nor reliance that zoning will not change, will constitute a hardship. Friedland v. Hollywood, 130 So.2d 306 (DCA 1961); Elwyn v. Miami, 113 So.2d 849 (3 DCA 1959). 2 c. If a purchaser buys land with a condition creating a hardship upon it,the owner is only entitled to such variance as his predecessor in title was entitled. If the owner participated in an affirmative act which created the hardship (such as by purchasing only a substandard piece of a larger lot),then the hardship should be ruled self-created. Coral Gables v. Geary, 383 So.2d 1127 (3 DCA 1980). The requirement that a variance hardship cannot be self-created is required by most codes and Florida case law. In Re Kellogg, 197 F. 3rd 1116, 1121 (l 1th Cir. 1999). Josephson v. Autrey, 96 So.2d 784 (Fla. 1957) (superceded by statute on other grounds in Grace v. Town of Palm Beach 656 So.2d 945 (Fla. DCA 1995); Town of Ponce Inlet v Rancourt, 627 So.2d 586, 588 (Fla. DCA 1993). Case law, as well as the Land Development Regulations control the degree of showing needed to support the approval of a variance from the express requirements of local regulations. The days of the"weeping variance"have been replaced by strict interpretation of what is required to show entitlement to a variance from local Code provisions under the case law. Town of Indialantic v. Nance, 400 So.2d 37 (5 DCA 1981), affd. 419 So.2d 1041; appealed again at 485 So.2d 1318 (5 DCA 1986), rev. den. 494 So.2d 1152. Post 1985,the First District Court of Appeals in City of Jacksonville v. Taylor, 721 So.2d 1212 (Fla. 1st DCA 1998) Bernard v. Town Council of Palm Beach, 569 So.2d 853 (Fla. 4th DCA, 1990); Metropolitan Dade County v. Betancourt, 559 So. 2d 1237; Town of Indiatlantic v. Nance, 485 So.2d 1318 (Fla. 5th DCA 1986) ("Nance I")„ Town of Indiatlantic v.Nance ("Nance I'), Town of Indiatlantic v. Nance, 400 So.2d 37 (Fla. 5th DCA 1981), approved, 419 So.2d 1041 (Fla.1982)." ("Nance II"), City of St. Augustine v. Graubard, 780 So.2d 272 (Fla. App. 2001)_Maturo v. City of Coral Gables, 619 So.2d 455 (Fla. 3rd DCA 1993); Herrara v. City of Miami, 600 So.2d 561 (Fla 3rd DCA 1992) rev. denied 613 So.2d 2 (Fla. 3rd DCA 1992). In Re Kellogg, 197 F. 3d 1116, 1121 (11th Cir. 1999). Pre 1985 cases had similar holdings and include Blount v. City of Coral Gables, 312 So. 2d 208 (Fla. 3rd DCA 1975) ("Nor are the Blounts entitled to a variance from the above zoning ordinance...as the hardship was self-created because they knew of the restricted zoning ordinance.")(citing other Florida cases on this issue); Clarke v. Morgan, 327 So.2d 769 (Fla. 1975); Friedland v. Hollywood, 130 So.2d 306 (DCA 1961); Elwyn v. Miami, 113 So.2d 849 (3 DCA 1959); Coral Gables v. Geary, 383 So.2d 1127 (3 DCA 1980). The purchase of property with zoning restrictions on the property will normally not constitute a hardship. Friedland v. Hollywood, 130 So.2d 306 (DCA 1961); Elwyn v. Miami, 113 So.2d 849 (3 DCA 1959). Namon v. DER 558 So. 2d 504 (Fla 3rd DCA 1990) and the cases cited therein address cases where property is purchased AFTER adoption of prohibitory regulations. The court in Namon recognized such pre-existing notice as applied to takings analysis in Florida cases, as follows: 3 "Appellants are deemed to purchase the property with constructive knowledge of the applicable land use regulations. Appellants bought unimproved property. A subjective expectation that the land could be developed is no more than an expectancy and does not translate into a vested right to develop the subject property. See Graham v. Estuary Properties, Inc., 399 So.2d 1374, 1382, 1383 (Fla.), cert. denied sub nom. Taylor v. Graham, 454 U.S. 1083, 102 S. Ct. 640, 70 L. Ed. 2d 618 (1981) '...[a]n owner of land has no absolute and unlimited right to change the essential natural character of his land so as to use it for a purpose for which it was unsuited in its natural state and which [injures] the rights of others." Namon at 505, (original citation omitted) see also Ruckelshaus v. Monsanto Co., 467 U.S. 986, 1005, 104 S. Ct. 2862, 2874, 81 L.E.2d 815, 834 (1984). "A 'reasonable investment-backed expectation'must be more than a 'unilateral expectation or an abstract need"; Namon citing Claridge v. New Hampshire Wetlands Board, 125 N.H. 745, 485 A.2d 287, 291 (1984) "A person who purchases land with notice of statutory impediments to the right to develop that land can justify few, if any, legitimate investment-backed expectations of development rights which rise to the level of constitutionally protected property rights"; cf. Elwyn v. City of Miami, 113 So.2d 849, 852 (Fla. 3d DCA) "One who purchases property while it is in a certain known zoning classification, ordinarily will not be heard to claim as a hardship a factor or factors which existed at the time he acquired the property.", cert. denied, 116 849 (Fla. 1959). Case law also indicates that a mere economic "disadvantage" or the owner's mere preference as to what he would like to do with the property is not sufficient to constitute a hardship entitling the owner to a variance. Burger King v. Metropolitan Dade County, 349 So.2d 210 (3 DCA 1977); Metropolitan Dade County v. Reineng, 399 So.2d 379 (3 DCA 1981); Crossroads Lounge v. City of Miami, 195 So.2d 232 (DCA 1967). Neither purchase of property with zoning restrictions on it, nor reliance that zoning will not change, will constitute a hardship. Friedland v. Hollywood, 130 So.2d 306 (DCA 1961); Elwyn v. Miami, 113 So.2d 849 (3 DCA 1959). If the owner participated in an affirmative act which created the hardship (such as by purchasing a substandard size lot), then the hardship should be ruled self-created. Coral Gables v. Geary, 383 So.2d 1127 (3 DCA 1980). 2. Consistency with neighborhood and scheme of regulations. Granting the variance must not adversely affect the zoning scheme as a whole. Granting of a 4 variance is illegal, and beyond the authority of any local administrative body, where the proposed variance is not shown to be in harmony with, and not "in derogation of the spirit, intent,purpose, or general plan of[the zoning] regulations." Troup v. Bird, 53 So.2d 717 (Fla. 1951). "A variance should not be granted where the use to be authorized thereby will alter the essential character of the locality, or interfere with the zoning plan for the area and with rights of owners of other property." Elwyn v. City of Miami, 113 So.2d 849 (Fla. 3rd DCA 1959). 3. No reasonable legal use can be made of the property without the variance. Some cases go so far as to say no variance can be granted if the property can still be used without the variance. This approach incorporates, to some extent, the law of taking of property without just compensation, i.e., a variance can be granted and will not be overturned if no other reasonable use can be made of the property without a variance. "The requisite hardship may not be found unless there is a showing that under present zoning, no reasonable use can be made of the property." Thompson v. Planning Commission, 464 So.2d 1231 (1 DCA 1985). Herrera v. Miami, 600 So.2d 561 (3DCA 1992). The hardship must be such that it "renders it virtually impossible to use that land for the purpose or in the manner for which it is zoned." Hemisphere Equity v. Key Biscayne, 369 So.2d 996 (3 DCA 1979). It is the land, and not the nature of the project, which must be unique and create a hardship. Nance, supra; Ft. Lauderdale v.Nash, 425 So.2d 578 (4 DCA 1982) (many other common violations in the neighborhood do not constitute a hardship); City of Miami v. Franklin Leslie, 179 So.2d 622 (3 DCA 1965). When is Denial of a Variance a Taking? A reasonable use of the property under existing zoning, requiring a denial of the variance, does not mean the owner's preferred use,or a use that will bring the owner an economic return. All that is required is a use beneficial to the owner and consistent with the zone. Metropolitan Dade Co. v. Betancourt, 559 So.2d 1237 (3 DCA 1990). An extensive discussion of similar coastal setback beach ordinances and denial of a variance for construction seaward of such a setback appears under two, separate McNulty takings 5 cases—the federal takings case of McNulty v. Town of Indialantic, 727 F Supp 604(M.D. Fla. 1989) and the state court takings case of Town of Indialantic v McNulty, 400 So. 2d 1227 (Fla. 5th DCA 1981). The cases share common facts, the Town of Indialantic denied McNulty a variance for a 12-unit condominium on the beach under a similar coastal setback provision to the line at bar resulting in both state and federal review. "[A] diminution of property value does not, by itself, establish a taking .... Inability to use the property for production of an income stream or to make the highest and best use does not render the property without economically viable use". 727 F Supp 611. The court found that when regulations seek to protect natural resources, the court should "hesitate to find a taking", comparing such regulations to "restraining... [a] public nuisance". 727 F Supp 614. The McNulty state court decision noted that the"harm to be prevented [by beachfront construction] is substantial" and held that McNulty made an insufficient showing that a taking would occur if he were denied the variance. 400 So.2d 1227. In discussing the harm to be prevented,the state appellate court noted that: "Through sad experience Florida has learned the importance of the barrier sand dunes which face its "high energy" beaches. The 'high energy beach' is a shore fronting the open ocean and dominated by sand and dunal features." Maloney and O'Donnell, Drawing the Line at the Oceanfront, 30 Fla. L. Rev. 383, 385 n.19 (1978). Sand beaches and dunes comprise a very small and unstable part of Florida's coastal zone. Forming a narrow band along the shores of the Atlantic Ocean and the Gulf of Mexico, they offer some of the state's most attractive and most hazardous locations for real estate development. Without adequate controls on construction and excavation, oceanfront development could destroy not only man-made structures but also beaches and dunes. Maloney and O'Donnell, Drawing the Line at the Oceanfront, 30 Fla. L. Rev. 383, 389 (1978). Various local communities, like Indialantic, have adopted similar set back ordinances to protect the dunes, bluffs and natural vegetation of their beaches, and Chapter 161, Florida Statutes (1979), the "Beach and Shore Preservation Act," has as one of its stated purposes the protection and preservation of the "beach dune system. The "construction line" drawn pursuant to this State law was west or landward of the setback line of the Town as applied to McNulty's land. In any event, the State law contemplated that cities and counties could establish stricter setback lines than those set by the State. Sections 161.052(2)(b), 161.053(4), Fla. Stat. (1979). See § 163.3177(6)(d), (f) and(g), Fla. Stat. (1979). There can no longer be any question that the "police power" may be exercised to protect 6 and preserve the environment. Florida's Constitution expressly provides: It shall be the policy of the State to conserve and protect its natural resources and scenic beauty. Adequate provisions shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise. Art. V, § 7, Fla. Const. Other jurisdictions have reached a similar conclusion, without the benefit of an express constitutional provision. The wetlands and coastal areas are places of critical concern because of their important role in protecting the inland regions against flooding and storm danger." The leading case on regulatory takings for environmental purposes is Graham v Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981). It states six criteria for considering "[w]hether a regulation is a valid exercise of the police power or a taking", and specifically holds that protection of the environment is a legitimate use of the police power. 399 So.2d at 1380-1381. Graham has recently been applied in Lee County v Morales, 557 So.2d 652, 655-656 (2 DCA 1990) (rezoning not a taking unless no beneficial and reasonable uses remain); and Namon v DER, 558 So.2d 504 (3 DCA 1990) (no taking where owner was aware of development restrictions [fill permit], even if no construction or economic use can be made of the property; "if you bought a swamp you must have wanted a swamp"). 4. Other Code criteria. Various codes may also include the following criteria(See, e.g., prior F.S. 163.170(8), repealed 1985): a. The granting of the variance will not accord applicant any special privileges; b. The variance is the minimum one for the reasonable use of the applicant's land; c. The grant of the variance will be harmonious and noninjurious to the surrounding land; and d. The variance will not be contrary to the public interest. Most court cases have focused on the hardship (whether it is the result of unique physical characteristics of the land in question or whether it is really an inpermissible self-created hardship). However, all variance standards must be met. The standards themselves must be definite, City of Miami v. Save Brickell Ave., 426 So.2d 1100 (3 DCA 1983), and the criteria must be mandatory, and not permissive (i.e., "shall consider criteria" means "must comply with criteria"), id.; Drexel v. City of Miami Beach, 64 So.2d 317 (Fla. 1953). 5. Police Power Limits. One case says that under the "arbitrary and unreasonable" test, where there is "no reasonably debatable relation to public health, safety or welfare" the court may be required to compel that a variance be granted. Metropolitan Dade County v. Reineng, 399 So.2d 379 (3 DCA 1981). The case's reasoning,moreover, is at odds with the clear holding of the Supreme Court one year later: 7 T]he "fairly debatable" test should be used to review legislative-type zoning enactments, while a variance seeker must demonstrate a "unique hardship" in order to qualify for a variance." Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1982). Amendments to Regulations that no longer make sense. If the land development regulation no longer has a valid public purpose, or should be changed, the proper method is to amend the zoning code or land development regulations rather than grant numerous variances from the offending provision. Therefore, in some instances amending (or a recommendation to amend)the code may be more appropriate than granting variances each time the issue comes up. 6. Consistency with Comprehensive Plan. Granting of a variance is illegal, and beyond the authority of any local administrative body, where the proposed variance is not shown to be in harmony with, and not "in derogation of the spirit, intent,purpose, or general plan of[the zoning] regulations." Troup v. Bird, 53 So.2d 717 (Fla. 1951). All development orders, including variances, must be consistent with duly adopted Comprehensive Plan policies, objectives and goals under Florida Statutes 163.3215 (which also establishes procedures to challenge variances on the grounds of consistency with comprehensive plan policies). Machado v. Musgrove, 519 So. 629 (Fla. 3rd DCA 1987). And the remedy awarded by courts if a development order is found to be inconsistent with a comprehensive plan policy can include demolition of offending structures. Pinecrest Lakes v Shidel, 795 So. 2d 191 (Fla. 4th DCA). C. Use-Variances vs. Non-Use Variances Some codes distinguish between"use" variances, and "non-use" or "area" variances. A "use" variance would be one where application was made for a non-permitted use, while "non- use" or "area" variances would apply to a permitted use,but allow laxity of a height, setback, lot size, or other dimensional rule. Use variances are often expressly disallowed by code. Use-Variances The Florida Supreme Court, sitting en-banc, clearly set the limits on use variances in Josephson v. Autrey, 96 So.2d 784 (Fla. 1957). The court held that, while zoning boards could 8 make adjustments in height, setback, side lot, and other area problems unique to the parcel, use variances would be improper if they created a wholly inconsistent use in the zone: "To endow such a board with the authority to amend the zoning ordinance in particular instances by authorizing a use of property prohibited by the ordinance itself would be to convey to the appeals board the authority to enact legislation, nullify the decision of the municipal legislative body, and in effect destroy the beneficent results to be obtained by comprehensive zoning. When circumscribed by reasonable bounds the appeals board serves a valid and useful purpose. If granted unrestricted power to amend the zoning ordinance by changing completely the authorized uses of the particular land, the effect would be to transfer the legislative powers of the municipality to this non-legislative administrative agency." Although the strictness of this position was questioned in Clarke v. Morgan, 327 So.2d 769,772 (Fla. 1975), Josephson still is good law. See Walgreen v. Polk, 524 So.2d 1119 (2 DCA 88). The cases which have allowed use variances have abided by the Josephson admonition. In addition to other variance criteria applicable to all variances (discussed below), an applicant for a use variance must also show that the proposed use is basically consistent with the neighboring uses in the area. Troup v. Bird, 53 So.2d 717 (Fla. 1951) (a lake in a residential area did not change the residential character of the area); Josephson v. Autrey, 96 So.2d 784 (Fla. 1957) (filling station not a consistent use in a motel zone); Metropolitan Dade Co v. Reineng Corp, 399 So.2d 379 (3 DCA 1981) (liquor store would "harmonize" with neighborhood); Monterey Development Co. v. Stuart Marine Center, Inc., 305 So.2d 245 (4 DCA 1974) (dry- dock boat storage consistent with marine area); Dade Co. v. Pepper, 168 So.2d 198 (3 DCA 1964) (junkyard consistent with industrial area). II - THE ADMINISTRATIVE PROCEEDINGS BEFORE LOCAL GOVENMENT Typically, the applicant land owner will fill out a variance application. It will be reviewed by staff, and set for a hearing before whatever body is empowered to grant or deny variances in that jurisdiction, usually a Board of Adjustment. A. Exhaustion of Administrative Remedies. To challenge a variance, someone with standing needs to appear and object, not only at the hearing on the variance application,but, if the variance is granted and being appealed, they must also object and use every "extra judicial and administrative remedy which may provide the relief sought", or the later judicial appeal may be dismissed for failure to exhaust administrative remedies. City of Miami v. F.O.P, 378 So.2d 20 (3 DCA 1980). 9 Even parties with standing will lose their right to appeal if they do not personally appear and object at the administrative hearing. Battaglia Fruit Co. v. City of Maitland, 530 So.2d 940 (5 DCA 1988). A written objection entered into the record should suffice. The Applicant must also exhaust his administrative remedies by asking for a variance before claiming a taking. Mackay v DER. Under Herrera, this should mean that the owner needs to prove that he has been denied the minimum economically viable use. Burden of Proof. The burden to prove the existence of the required hardship and unique conditions is always on the applicant. Gomez v. City of St. Petersburg, 550 So.2d 7 (2 DCA 1989). Therefore, if the owner presents no evidence that the property cannot be used without the variance, there must be a denial. Herrera v. Miami, 600 So.2d 561 (3DCA 1992). The burden is more extensive than for a party seeking a permissible use by special exception. Cf. Gomez with Pollard v. Palm Beach City, 560 So.2d 1358 (4DCA 1990). III-JUDICIAL REVIEW OF VARIANCE DECISIONS A. Jurisdiction. The Circuit Court has jurisdiction to review the action of the Board of Adjustment under the authority of Florida Constitution 1968, Article V, Section 5; Florida Rules of Appellate Procedure 9.030(c)(3) and 9.100; and Florida Rules of Civil Procedure 1.630. B. Procedure. A petition is filed under RAP 9.100 and RCP 1.630, within 30 days of the "rendition of the matter sought to be reviewed". "Rendition" is the date of the filing of the order of the zoning board in which it makes its findings, not the date of the hearing. RAP 9.020(g) 1. Petition. The Petition should contain: a. Statement of Jurisdiction b. Statement of Standing c. Statement of facts, all of which must be in the record d. Grounds of Objection e. All authorities and arguments of law 10 f. Statement of relief sought g. An appendix containing the record under Rule of Appellate Procedure 9.220 or the Rules of Civil Procedure 1.630 must be attached 2. Appendix. Must include everything from the record on which you will refer or rely. Nothing outside the record presented at the hearing may be included. A challenger should also provide the Court with copies of all ordinances on which the ruling was based. The Court cannot take judicial notice of ordinances or of amendments which were not brought before the zoning board. Nichols v. FIDC, 315 So.2d 238 (4 DCA 1975). F.S. 90.202(10) allows the court to take judicial notice of ordinances,but they must be published or first presented to the zoning board. Hill v State, 471 So.2d 567 (1 DCA 1985). 3. Filing. The petition and appendix are simply filed with the Court, no hearing or notice is required. Submit along with it a Motion for Summons in Certiorari and Order to Show Cause and proposed order(see sample forms, infra.). If the Court finds you have made a prima facie case, it will issue what RCP 1.630(d) calls "a summons in certiorari", or RAP 9.100 calls an"order to show cause", giving the zoning board a reasonable time to respond. Oral argument may be request under RAP 9.100(d)(3),but it is not required. Since this is an appeal, and not a new proceeding, there is no discovery. The Court will only review the record created below. 4. Briefs. RAP 9.100 provides for a response by the board, and then a reply by the appellant, with a supplemental index if desired. C. Standards for Judicial Review. 1. Circuit Court. The circuit court's certiorari review of an administrative action reviews 3 components: a. Whether procedural due process was followed; b. Whether the essential requirements of the law have been followed; c. Whether the decision was supported by competent substantial evidence. City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982) However, the circuit court, like any other appellate court,may not reweigh the evidence or substitute its judgment for the administrative board's. If any competent substantial evidence was presented the decision must stand. Martin v. First Apostolic Church, 321 So.2d 471 (4 DCA 1975) [special exception to build church denied]. 11 2. Court of Appeals. Vaillant holds that when the Court of Appeals reviews the circuit court (RAP 9.030(b)(2)(B)), it only may review the first two criteria. (a and b, above). The Court of Appeals theoretically may not reverse a circuit court on the basis of whether there was or was not competent evidence presented, so long as due process and the essential rules of law are followed. Gomez v. City of St. Petersburg, 550 So.2d 7 (2 DCA 1989). 3. Comprehensive Plan consistency. A challenge to a variance decision based on an alleged inconsistency with a particular comprehensive plan policy must be brought within 30 days pursuant to the statutory procedures set forth in Florida Statutes 163.3215. Comprehensive Plan inconsistency cases are held to different statutory procedures and a strict scrutiny standard. e. Standing to seek judicial review of a variance in court A person seeking to challenge a variance needs to show that the variance will have some effect on him different from the effect on the community at large, even if no different than upon others in his neighborhood. Carlos Estates v. Dade Co., 426 So.2d 1167 (3 DCA 1983). This has generally been held to mean landowners in the immediate neighborhood of the project. Hemisphere Equity v. Key Biscayne, 369 So.2d 996 (3 DCA 1979) (objectors have standing if they reside in "proximity" of project); Allapattah Community v. City of Miami, 379 So.2d 387 (3 DCA 1980) ("neighborhood" sufficient),but anyone in the same zoning district would seem to meet the Carlos Estates test. Carlos Estates describes two subgroups in the Renard v. Dade County, 261 So.2d 832 (Fla. 1972) category 1 "special injury" classification(for standing to challenge violations of an existing zoning ordinance). Objections to variances (and special exceptions) follow the above rule. Objections to code violations by neighbors, however, according to Carlos Estates, requires "an impact unique to [the objector's] property". This distinction does not appear in Renard. There is no rule that only landowners may object,thus a long term lease might suffice, but economic injury from business competition alone is not sufficient to create standing. Skaggs-Albertson v. Michels Pharmacy, Inc., 332 So.2d 113 (2 DCA 1976). But where the business is strictly regulated, such as with a liquor license,the economic injury does rise to the level of conferring standing. Skaggs-Albertson's v ABC Liquors, 363 So.2d 1082 (Fla. 1978). The fact that someone is in the area required for notice is not conclusive as to standing. Battaglia Fruit v. Maitland, 530 So.2d 940 (5 DCA 1988). Note that if you can find any grounds to challenge the variance as "void because not properly enacted", then any affected resident or citizen of the government unit has standing. Renard v. Dade County, 261 So.2d 832 (Fla. 1972); Upper Keys Citizens Coalition v. Wedel, 341 So.2d 1062 (3 DCA 1987); Save Brickell Ave., Inc. v City of Miami, 393 So.2d 1197 (3 DCA 1981). 12 Standing of Environmental and Citizens Groups. In general, representative organizations have standing if they meet the criteria laid out in Florida Home Builders v. Dept of Labor, 412 So.2d 351, 353 (Fla. 1982): a. a "substantial number of its members, although not necessarily a majority" would have standing in their own right, b. the interests it seeks to protect are genuine to the organization's purpose, and c. neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. d. The organization must have a"special injury" to a special interest that exceeds in degree the general interest in community good shared by the general public (i.e., inquire into what are the organizations special interests and what are the special impacts to those interests). Upper Keys Citizens Assoc. v. Monroe Co., 467 So.2d 1018 (3 DCA 1985); Chabau v Dade County, 385 So.2d 129 (3 DCA 1980). An organization is often felt to be unable to meet the "special injury" requirement, which must still be followed. U.S. Steel Corp v. Save Sand Key, Inc., 303 So.2d 9 (Fla. 1974). See Friends of the Everglades, 595 So.2d 186; Sailboat Key, 306 So.2d 616; Exchange Investments, 481 So.2d 1223. Challenges to variances based on an alleged inconsistency with a specific Comprehensive Plan policy in circuit court must demonstrate a basis under the statutory standing requirements of Florida Statutes 163.3215. Putnam County Environmental Council v. Putnam County, 757 So. 2d 590(Fla. 5th DCA 2000). 13 ENDNOTES 1 In 1985, the entire zoning enabling act was repealed (not just variances). Chapter 85-55 Laws of Florida, p. 235 Section 20 acknowledges that the Growth Management Act of 1985 repealed §§163.160 through 163.315, Florida Statutes and replaced it with §§ 163.3161 and 163.3215, Florida Statutes (making comprehensive plan consistency and concurrency requirements more stringent),but did not remove any of the previous zoning enabling authority: "Section 20. It is the intent of the legislature that the repeal of the sections 163.160 through 163.315, Florida Statutes, by this act shall not be interpreted to limit or restrict the powers of ...county officials, but shall be interpreted as a recognition of their broad statutory and constitutional powers to plan for and regulate the use of land. It is further the intent of the legislature to reconfirm that sections 163.3161 and 163.3215, Florida Statutes, have provided and do provide the necessary statutory direction and basis for municipal and county officials to carry out their comprehensive planning and land development regulation powers duties and responsibilities." The basic Florida Law of variances has not changed, as criteria for variances similar to Florida case law requirements has been incorporated into local Codes establishing similar variance criteria to be applied through slightly different procedures (Hearing Examiners v. Boards of Adjustment) for each County. But the ability to review and grant or deny variances, as well as the basic Florida law of variances, remains the same before and after 1985. See,post-1985 cases cited above. Since 1985, All development orders, including variances, must be consistent with duly adopted Comprehensive Plan policies, objectives and goals under the Growth Management Act of 1985, Florida Statutes 163.3215. 14 / • AFFIDAVIT OF JOEL PEPPER STATE OF FLORIDA ) ss: COUNTY OF COLLIER ) BEFORE ME, the undersigned authority duly authorized in the State of Florida, County of Collier•to take acknowledgments and administer oaths,personally appeared Joel Pepper, who, after being duly sworn on oath,according to law, deposes and says as follows: 1. My name is Joel Pepper l reside at 7/ rz and I have worked in the cattle business in Collier County, Florida with Bob Thomas (during his lifetime) since t c/ 614 . 2. I make all statements contained in this Affidavit based upon my personal knowledge. 3. This Affidavit is made upon the basis of personal knowledge,and I am of sound mind and body,over the age of 18,and understand the obligation of an oath. 4. David A. Sherf and J. Richard Smith, as Trustee, own approximately 30 acres of land at 380 Frangipani Avenue, Naples, Florida 34117 (the "Sherf/Smith Parcel"), and Bob Thomas and I started using potions of that land sometime on or before December of 2000 for cattle grazing purposes. 5. At the time we commenced using the Sherf/Smith Parcel,we began using a portion of the lands(the"Cattle Path Easement")having Collier County Parcel Id.Numbers 00307840002 and 00307800000 and legally described on Exhibit"A" (attached hereto and made a part hereof) as a cattle path to allow cattle to travel to and from the Sherf/Smith Parcel to and from Kapok Street and beyond. ' r Exhibit"A" Collier County Parcel Id.Number 00307840002 E '/z of the NW%4 of the SW 1/4 of the NE '/of the NW'/4 of Section 15, Township 49 South,Range 27 East Collier County Parcel Id.Number 00307800000 W %of the NW'/of the SW'/of the NE '/of the NW '/4 of Section 15, Township 49 South,Range 27 East,being 1 -1/4 acres more or less 3 —I v T D T —1 '0 .,7 - cn r'f (D CU N • �3 rD p I-' ro fD fD EA- a1 fD Q• O m x d co Oo Cn = C r�-r N O I--' crta O- S N O �' O VI o00 00 00 CO vi 0 Z Z > �* O O Ott fD fD fD fD Q a — — v fD O O rt O_ 7 fD N' (' 0 c O O < < fD fD • O rr rr fD fD fD O O O r0+ rD . •v 0 O > O 0 o • c O O O r+' O (71 AFFIDAVIT OF RICHARD SMITH STATE OF FLORIDA ) ss: COUNTY OF COLLIER ) BEFORE ME,the undersigned authority duly authorized in the State of Florida,County of Collier to take acknowledgments and administer oaths, personally appeared Richard Smith, who,after being duly sworn on oath,according to law,deposes and says as follows: I.I make all statements contained in this Affidavit based upon my personal knowledge. 2.This Affidavit is made upon the basis of personal knowledge,and I am of sound mind and body,over the age of I8,and understand the obligation of an oath. 3.David A.Sherf and I,in my capacity as Trustee,own approximately 30 acres of land at 380 Frangipani Avenue,Naples,Florida 34117(the"Sherf/Smith Parcel"),and Bob Thomas and Joel Pepper started using potions of the Sherf/Smith Parcel sometime on or before December of 2000 for cattle grazing purposes. 4. On or before December of 2000 as part of the cattle grazing operation on the Sherf/Smith Parcel, we also began using a portion of the lands (the "Cattle Path Easement") having Collier County Parcel Id.Numbers 00307840002 and 00307800000 and legally described on Exhibit"A"(attached hereto and made a part hereot)as a cattle path,approximately 10 to 12 feet wide and stretching to and from the SherflSmith Parcel to and from Kapok Street 5.The Cattle Path Easement was then and continues,until the present date,to be used to move grazing cattle across the Cattle Path Easement to and from the Sherf/Smith Parcel and also to move equipment and feed to and from the SherflSmith Parcel to the nearest access road known as Kapok Street. 6.Such use has been continuous and uninterrupted for no less than 20 years. 7. Our use of the Cattle Path Easement has been so open,notorious, and visible that it was either known to the owner of the underlying land or should have been known to him/her. 8.Our use of the Cattle Path Easement is and has(at all relevant times)been without the permission of the fee owner of the lands encumbered by the Cattle Path Easement. FURTHER THIS AFFIANT SAYETH NAUGHT and Smith SWORN TO under oath and subscribed before me by means of N physical presence or[ I online notarization this ` ' t" day of January, 2021,by Richard Smith who ( ) is personally known to me,of f t)has produced 1�:1�\ ,R y1galsi,as identification. � t • KAREN S.NELSON I NOTARY PUBLIC (I F;. .........` Notary Public-State of Florida '- , `' Commission k HN 46130 Name: Karen S.Nelson A.•cpr../ My Comm.Expires Oct 17,2024 t Bonded through National Notary Ann. (Type or Print) My Commission Expires: Exhibit"A" Collier County Parcel Id.Number 00307840002 E''A of the NW'A of the SW'A of the NE%of the NW'A of Section 15, Township 49 South,Range 27 East Collier County Parcel Id.Number 00307800000 W Y2 of the NW'A of the SW''A of the NE V.of the NW''A of Section 15, Township 49 South,Range 27 East,being 1—'A acres more or less Cattle Trail/Easement Documents agyy,�yT T • • RAZING LEASE • • l {- ..s ,7�1:L , ,-,:hereinafter ca lecf the •,"LESSOR!,.hereby= leaseatto:HOB 'TH0MAS:;- c/o 3171 68th Stx•eet; .$.w.,•.Napres,. Florida 33999,•.hereinafter oaliea'the "LESSEE", 'the real property, hereinafter called the ~PREMISES", more fully described in Exhibit A. attached hereto'and•made•a part hereof, on the following terms and conditions: 1: TERM OF LEASE : The term of•this Lease shall be frog( DO: kaitER !S, D•000 through bcr'tl 2 ILf, Roar 2. .ENT : The LESSEE shall pay to the LESSOR as rent for the Mee and possession of 'the PREMISES, the sum Of TEN DOLLARS ($10.00) annually► Payable with the execution of the lease. 3. USE OF PREMISES : The premises shall'•be used for grazing cattle, and may not be used for:'any other'purpose•without the.,prior•written•consent•of the.LESSOR. • . 4. OPERATIONS ON PREtd.SES' •: • 3111• `operations ?conducted 'on the premises by the LESSEE shall be done in an efficient and husbandry like way is accordance with the best course-of husbandry practiced in Collier County, Florida. The LESSEE will not,'without the written consent of the'LESSOR, cut live trees for sale or .r personal use, allow livestock other than is owned or jointly owned on the premises; and LESSEE will care for the livestock so as to maximize production and will follow health and sanitation measures and guard against disease. •A. In addition, LESSEE will not commit waste on.or damage to the premises and will use due care to prevent-Others from so doing. LESSEE shall not use or permit-.the use of the premises for any unlawful purpose. 5. PAYMENT OF UTILITIES : The LESSEE shall pay all charges for all utilities. 6. ;NSURANCE : Throughout the term of the Lease, the LESSEE shall keep the leased property insured at Jill tole coat and expense against claims for personal injury or..`property damage under a policy of general 'public liability insurance with limits of at least ONE MILLION DOLLARS•($1,000,000.00) for bodily injury and at least ONE HUNDRED 'THOUSAND DOLLARS (0100,00.00) for • S it.sEer ro cbsid.ktJArro.v pot PraRt►a.p4pH t7 As hoorFisi) Q ► iirrs•ettts, `ttols aF cut4i4I4 A•RE /Nci.uPEo +9vlj fitihDS: PX+RY 0 Tt4 f a,Rew.n NT - ` a i;titii d� s�c4 x .y v '�r t $: r.� i-s.., as ,_r7 Ala *•'� ' ' r^ t } • 1 - .,t,..;'� Y v f". is?!.'.,'... x .: X'9t�, - 1 h-'t�x 3i sops " d',.. 'e"c�u, h pal"i'o'�T�lhall name"the LES O r"dErl;SS• ,. _ c � ,.Y 'th6.'`` tedacs h 10E day ter,,.•. o cemen,40.0�. is Lea9 s •y `� ,,• 7. $' thH S'EEt`sha k� ewer to .. a LESSOR t.qp. 4+ts�.cateee« ±nsu t 3i s 'Iq 4rr �" f,.. ax ,x. '°"- ' s. �, ,k a 8M ce �r9 thak,surcih inauraFt%i% .• tt�: catandss�' . , Y r R"' . s ;,t. -t ES9 9 A :at?.. -,.ir8 lAI osta an r Y., r ;..: �"i`� y'Tr�.r i �w y, $ 3E: T�g;t.�, 4R?+'� �� ' '-ram 9� �f� : �'�r � t 2.exp .kee r C " aintain t e ptemiaes °3mpr2�q n s*one b '. >s preg s, and any acilst.ee ppux£enan tpe,prem sea, in S crda and re a and In as,Ar,safe.:and"tc1 111d'}a:..cpnd "•rt as t a d' '" were eoeiaad*t,,M�1iim•,,frbm 4 LESSOR,, reasonable a1. and .r ti. �' a'. ,,{'.p t Y,v *,r. ro dtrr4 -� Y-: - ' k secs,-®"� � ,.� .. hq. . r� rc".� a ° , e y .W • Y it, f. A r l aA pLTk'R '�',IONS:AIfD'LIErNt Tkie S$F�E ,s1} ` � snake t ;� permit ainy other arson to" any alt'e tir�ons:-o tha, 3 ett�3:se `- Yfy w a ° ..t, - °e o 'a �mprtii�ea�e thereo � Xcept a�"#1`.rstteci u _� Pi ,be f g+'f` +`' 3 xN: �^ '?`� SOR�"s ,,a•}ta:l'AC� S{ rtr x wst�i the prior l: tten oa` nt of the, K t�� }he premises frii® snd cie�t` frotn,.;ariyexandk I. 13. �,' ai'ni.. t,:. tgr ' demands for wo:r�n p1erforme&,nat'eriaLss7, rnished, or o aratio.. ' , "fir '� eond cted•theiea at the inat*n'ae on regi5e1Al2: ,f LESS E '� ,� : "i�d•t n;9 SEE mayir i�l'catch ens, Gorr '�`'f aed ? h . �.-R` ,� s: sYn t fiporary�eed.shed1 Land Ck'ag8 ► •ing,-as, n tl e , . ' . � ec s es''bf they s .teens nece4sarye„for ar' "fe�r.an�.m� ands o3 E �*, ,,�; „� �xi 4' Y Y�rA' Y v• C xL '0b be paid•by the-LE SEE and _, ' e:.rennove tie ef` tj a T,e ; k . ' . f ; upon; egiieat :`"� -•. • • ; "i Y. r a ,,` x- `_ ., - M ' ` 4 s {OLD sS• S ESSEFr agr o nc1• and, >2 • e '7 a then ' SSOR,Y an ----ue p• o 'oof tttT ,TFiESSOR,a �' 1' a� 7 " •il pr�es, Erse haruflessopt ana�� ria1� :ca �y; 1 "��' ,` y,',4 7 r+4. , d x t - n %�"Y' , "` IN z+c a { lus Dotdamageb �xgenae 3 �sdt .n,g • r., .LESSE '` occtt�5a-� and t�'Se of the p t 3,ae.4 ,.ti t i/ ?s ++f - : al"^.- '! E t�''� f :, ,.�rs. • r a4 r ],' ..at Y 'sjfF{ ', r� ::' v } a . r,z 0 Xis 4'%7ND3T.F el,LESS I).`".'"r i oesi O'Id. +.It { :. p;• . LESS 1 able,6 fo1 fp;pr�,o ivge`, Inc ° i4iq file x 9 th i# g s has C red on r prb i S O Y � 8 Y 1'ti ��.c z a ; r thft Hives',n�gc` on tt e * .y by 7,i k a ''; , ' Y 4'S .L Jt ^' Y i" dC t Yr .Ky 11�, t xuai'T„ r•g . ' enC -,er` assig sub-let p ,be'a►isa .far t$ .. ae`<o 'f r F 3'f �r Y r 4 .r 'v'ir t� r t ,�a' M T-4 or' i ntereY-B j in�th'lis ,�.se) or �[� g[1�24r0,' T� fig 7. s *3�,°'h,'i':4 +,�. ar � V , rc^t s� 3` �y preen sea, with` t t e e jsa liar ,�41 �N w •s"w w X o -!, )t k ,y, '.h !..�, Y 14.,. yU 'x ' t rr', 47, Y '4` r7�$ {?. - .: t4 '-.,:et-.'.,ftvA i. x y . E x3'=P.t r.� YL. ,� Y _r fi ', F '$ �''.yf S. r k q g .,, 'i i. k s, i1 t3 '; - f ',_ a~ +" v, t r' A ` y ;,•p�, .e •s r fit. g t , Y-~h yrL,,, • a..x, ifs jx,N- x- tdA� 1t.b '+r xY,t a r i f j a r . . liar!: ... .&,,44 1 ,Q z ,r ' art'•. ; '�u' �- " � f:� � r� Y ',u ^r�aEyr�.t ��'' : `�'e,M` x,pc� ,' �� 5v,'""'* �`� � ra�.„ fy,, 4 F.-� s+ ,;'zh' >fsy'w �'Y r d '7t 2 ^S R s w s:•.. , ° x t f 'a y .t E a..M,. 1�+f `. '_.T �vL, AIM{ iy� kt • P 7-t;�1 " i } w �' ttv sf`nt httr r. r.' 0' t p c i• ' ,* '` ,:f ,' 't '' s 1 �: ' ram r ' %. a 3. :+^ ,y ''v i ,r s -,«, r°; ;k t • i tt ^ wr a i y' r�^ _." w,�'314..urx?"• ,-..t:�^ 9 �` §Y .p k '� x 1 i .. ti..• .yari A(F�I'h tR ' ✓ Y^ 4 it Phi 3_.n:.k...�M'Y.. 1 •' ' • y. _ - ;fir Z e4 • .si f ,,,'#lt+ ' .^ .... .st i,. ... .k .'I('+'r. .t',-;!,„e. x>•Y{f "'1<. `-„:,,zu'R'6 '7'<�.R, a;. i: - .. .... P L' f "'$x i� i ''SY a` . Y, ., : '• I Yq f �1 >•',,,.� k 1°.�:Fw.: .. ttt ] i ''+�•- t;.si:.�a•'s. +F" r ° a. s'� •. .y�v,sie`4•�,.: *. �`- Afo r s'h`�' i *`, •s p ,y .¢y.. 4 ,,-a. +�c ''L` t'• r a3' T .�•a'+ "'` .'w' mr � v` s'S4�',v3 � •,� ..ir � `•�' . '.�`ok.�r ... "� .lp -i¢�t•� ws. .,7 x �... _ • • ,,t . 0Onte'ii•Bth in+, this s ase $',LFi� � • r• ed •'EO ,� tlondi..b-' b0 a c< . ,..." ,+ � i ..r ,.. i ir: Z'.. e<; r k ?� s Pie. r,: '.ease d to th �'hee 'eb• �edf t0° LESSE F pu1d # ar ,,, 4 . ,•fi, -•_ 15.,n aLE•;"'Le.:::i7 @fau1ts' ">jerf oe o`f do ye, t C ,tio&s3o i�,iy ., •�. ;'.d' w •.t, ; r €•fi",- . t,«:„,..,al .t-- - 4,�,r �s As,x n. 3;;, r' ;•,..-. .N. - �y . s .? i."i f�, r 4 4 .. 22`�a, agreeme aontai�� n is u se the O nays�t n t k ; .Y^.Ti r. a.. �bpi ,s w.ry < 4 t at +may . T ;a< inn., . ,;_ Leaser �4eente" $' F Xega] &1eseion 1 he Li ;pre a r. �.Yl^`<` sa ? ,,. 'rpu nman e •i e �; ro r:by th wa of e v S ;-deco, _„ :aM\ r 4t fc r ,, g t 'r' t. E`bj y:X'f.. a, . :?n� q . s ' �� S ' ►the tinsolvenCy of �►e� LESSE•.,, .'� ' :ice s7 c 3witi,_�... ,- �` e .4M" vas 4; t a ' 1 " .. ' f' a k�'as et+°�anaa f by` a' Yver*ah4e a pointed.t 4, $.kka posae .cam o ail �h o'�C:sub t3:a11,y a ,o,t,,;th@Ak t"�'o 'yth If SSL`Err, a i,ng'' ;, ,. ' .4�4ti," .• 5y t t..', a1 -t,ii'.t •�'�M '7 . 5,•�.,7%.M' -e gK.a en I'4+`a'9? tii me f e'f :-.,,,AT.: ° ..}i, `+LESS '4'K` , th@, ef3:t fifa '�`itars �b. � x , �•} g .: "f'JY QIImli Or< vJ y r a �° "$Y i �3 x & ,;,- • r1'"S_,N.� x r* 3 N'-mac i. a,�'"y, t t tl p 0. e�El.` :,, rt . �.,, ;o11t t 6r�involudtn _ ,• = ,+< or this ) firi§►,e 31 rY. ,u� < `+�� >= � i , §'?.ram 4.' Tx� ' 4 ' . .ait �m _s' " t Banicru" y Ac , aha11 to innte{Chis Leas 'ad ent � +EBgOR Y `f ,� 4•+ �'°§R:"', "-•.+iJP�' F ,'3'a..�.. i. ♦r Y t'il>S a ..,'C is ':I.,;,..-.... ,, .FF i • :'«..' q.+',*,..a,,reentA�a,a•n�d•regai".a s„sess dnir ••••ithd pre '5��+, .. v , #A..�., w ."-"�° `� a ,..t��".K fv4:„. ( k"�1 Y K ,9 +F�' v•_•-, _ ` �C 'r'T"` •• #' : ,�' * Y:, 1 y I _ a P$ ,r4 OO`fdpATf�1E•rHIP.'CRF ,TED'i��4T iid"Laa e a1k' @ c�eeA�e ,,4 • .; .3•. i is ' a, �S+ .� i* �. _`i 3 ' x v w ,4t., e if ;n t�' r Fto gi °ria �to iG414- ne`rahr �t �nshi d n�i •`h €� t st�� '' b :k.t-e'3t ° r xe1 �F 1,� _+� t r'4 *x i i x hk 4;have •aatbori ' o-•obligate the other .*x 3 4 �,'1 .. zTRtift;ONrlOF PIFpSRENCES: ' § sil .fe e,M b�tv;a i F ''' ��.g.a wx v a '.'a S•�•,&F'Y. .,• .t�t o F r+fi• .'4•a .s,Q.. d a'M &F r t;--• "- the'�•3:'ea j.as,:.tar 'heir r/,,,,- --i-.,,,,,,-;:. °>+asid ,obl, a ona4•un _ - .` a t:; . *.•,-;,; s t r that` �e /b t.se• tt by,tia"u regime p thorQ , ,i,sc s • a ' ,aa . ram,'° F %'J�h: t b., t-- t„. 1•.y,L. F r s l '4 .;t M a,y r K,' R sha3l', a subfa tt� or Farb t tI` h�.koM�a �mt�ittr�ea •• t�8° " • s+ < :.•' : v St, r�. 't Soy • yr • rz x •1,• ,*44<a - ,,4 >• 4 '%'�" 'S . dissflterasted petGQns,` one a.• ctedi bar,,gig - artty,ari. hi' max. °" .fi, t!e p,o t)us ''' d`�3 and cammkt a lec a�7. accepted£arid bind4 o bot hr rt3ea � � x • �, E ti. 'RANSFEI F P�REM�iS� If+ t SSO1 s d cell o r �}r ,, . . �. '1' 1etiTe ��, Y' rlBiltise �. • :1i Pd�$ ub jech .:`• • otherwise tranafe b ?a^'vjn',t•"Vii ^ _7-„ s . F>:.• ` i .' j ; •,r," '..A . l a y 7 f ;e F "•�r tS, .,a "mac } ,.,, ,,,' .•..v . - s t th@�qir VA. '�.Onsx o, __ *La39$`y • „ n ,, >..',n. �,,,, t if.,f- '� � '' ' . ' v 1 4•4 ei"" •� ANC ON` rty meyx CanCe €si'i ease 1 ' aa` f t_s^,« v ,i1 v +' j ., ry. > tv F• x t 1r.�,rs� six 149p 18•t ,, rt t45J)•rda '' 1'EOn nl'T` k .,'''f ice.,• i � ', ' ... .P.t''i- . �e,t f SS E. r>, .._ & 'i'4, i,7r r^ �.:. .� sill r 3 -�•: T;F` $ .�n t , -?". n? " .� 'ii-64 j lr oth r':e* F ",--1 G' + 1t ri • f i* or perdue. by ' i eas ,O ••,:iaw-'to e B a �' ;en �' ' uc+ ,d eac2i� :}ier+� c .th9 Yo 1 Marty a a"•z r r attd 1-t , . ' 'Y i .4 be da ed .duly se d ang�"''�(hen F@ ,zP' 1yi hs u ` a a?.f.li, "4. •e �, '.. ...ri `1 E tie j gii 7 r e`ig`n if : i o h fit'.'.id ddf Seed'co.i,,3 1,ea •ogt• s �}a - +a� de oai y�r n • e @ci,+Stgt t1 i1�' °H Si r y e x a l • Pik ��• .[e i:y� F#a-i, `rs.'"s5.; f • Y' c yz,'c, " • ^r + . • d ndd • 4,tp.tha,; '•nt Y .• 3 6. r. • ^v4 *-0•''rc « 't •4'4., .� x . ..a #,y' x t >s .+.,s. i M "5 f't. . .sirr 5.+"s t,� x-.4"+ + •Y' l'i '4n L.,� f r C h 3, . t a os .tlo, c .'i �;�14f$ is '.Y1e t •tf' R �iiii VStfis �tN 0•177 ft. iI �,.• t e ESSOR.ats is t 1 t r ,c F, s 7' +5f ' • � s r. r t a k+ 3 , ," k . . , • �-" 'X..}.��r ,r s: M 1 ^. ;ii 1,, ",x. a`. .', : '` .t'S.ky n'�?a'" -tom . ., !, r .'' c"+,,.,, ,,y0 a rJ. F ��b -,; ° -. e0„, nhk 's { " r .. as '` * a'.r1 ` • • v� .,r ':--It ` 4,- '.. • i v. ., • ,, � ;, . � a t $ y"' • a# .. y , j x. { '. -v i"f! a ss,�`de 3q 4 T, s+, ,,t:: .Fx, '}'' ?''�C • ,'� `ti _ .-t.' •+ r• r # , ,,, yN "s''W a L,= n. so s J v � S K ^e�'"a� �t �a9 y ' k ' F "'#B #- j.:i i .. , "^'L�',g "Y yr�,� ..,:,;. ,M" a07 r ?fi ks2 ',6•. . e .,,y •h4-. Yi y.try :Y"•• Y n 4 N. x f;� yam. �'tr'^ 7 v gi+r5c. t # ., 'i .,« x'�" yf .;k9r�* z•s 4 7 WEr,`" r"3 S}.<4' c 4 'cry ,k,� . ." x ..''., r_,R'll,�+ :�,'" s;.r. •,,....,:- `. „ :.... ti _fit .0• ._ tG*. ._ . :a� dk of £"'J9 r yy �.t. '71:'' ..... ... . . w7 mod, t `�i • •y� al:v '�f1 i t dA-•C ."e • r�, ' 1 � '' 'i k >�'i'' s x` •... ,. :-4 !. t ate. . T �}s^ w yY 'Rt�, .� ;.ir?° Jci'. , 4•, 'li e +'�' e hangs'}Uce -.dd e��, Qx. the j-pi rpase•.o 0-.ts f �' s• :,d. " Fo "y a:4 ..•iG t :Ydk, rt`r f c j Qa a3 ' • .. Y3 3,bt'e$btice oir Mich changed' the PAL" "; the :� • . 't a � _.:,....,,...: , " ' � 1 i +r .ti d sc ..:r ••r," t b ., t r w"� -E, rc� *h"3.k, : s.p r be. :Time io 6cpressly; e&1.ared� x of: '' �" ,• >x ,y, , .y r >'S M"• E tf . at' o- � s e ty� `' `" `-,7F ."^ . r 4t, � 4 The W 'verC oft y. bre8ch.:,otir any o t:'he � Fmk�'�'"�« • .•t' x 'Prot/ o9,Tns of,5 is ^Lease,`bd the LESSOR'`i shall liilti onst it t ,, at �` ,ceH'i ,.,„ rtf yJ.,< • 5,i' 3ay." r � •�•'n ,, a"t�. . v as „, Cpnt nti n wa ..o tgr a waArer• of an .eubsequet�.+�:beach b,,, :he . , _ }"i • }"R s a" �'I a.' i V;,' i: rp ^` .y.-, ", 4b4 3 t<y.S" . ya, it "' T�ES• SE$, eit:fier; . a same•pY oar ,nay otYT`4 prevision o t'!e • .a'• 1: $ x , ; • o >' , ash".:: N 4. tr +i$ . Y.,:,7:i. -�+.yl 7 [a '• ', ;, �$ NITNESS EREOF lhaar£ie6,_i1a�o• have 7' I.their' -wk iW. ??•• '.ia.FC "- �. .1 ' eta • • ukt r" �. it •J .1 r,#., �' .s 4 , ."•• ` i t.. �. ' • 'A,«4 a-,, ciblive r .S3gRed; Sea.'e e ni th PsenceYnee«. ."tert°t <r 2•N.: 4r ' S,, , z Cs r',7.,1j '�} '"C f ry s: s a �� «' 1kIride y t gees .as to the=Lessor ' ;�' ?r 7 f `� .. : r .�•• •• • �• v zr�� "' t • .;�.J . ay'k'� • � : w �,� t}� , • • witness as t'.o.Leaaor • 3+ e' +4a,.,z .""` , v' 4 -kas sail.. {i. Y' .. 7 • n qa �, : 1 '"f 'hv"f, :` t i� P 7 1.�.wS�' , • Wi hesa as to Bob ►Thomas •.. B i ,., Y 5 x : r Print. Name 'i S. t K t 4.. iS '. �`S, " •,# �, a at. *.t .r ..F � « n Y f tV f sSr'T e fi 1' • '4 v �, -. •,�_•..wr4 2" �; .. '" t' 1.ri'!Jr''cw" ! . a w' �. �a fTjyyh 88- B tto„ ,b' `` a.. ,'` 4 t r „,1.y +a ;at • r � 3 ,t 1"3 t y A : g 4: .Yl' I � Ar s '7- � A u a- < 1 hr zh � • • Y r }} P �,. max +` t`„�• i ��• aY ,� v JY+. �. • t € :NX ! , e, ,� Xroi! k t E xt t a�F '� `�!' r" d w n)'� 4 .•_ .9, .t c *. s Y .Y t v it# u,s }� .lj.*4.a:: rr ' ^ r r`• '., t � a,5� a rt M mot. y�.� , '' f ' • • it.' .' N� t tS.St r r'� 7 z`''"S 'Y' 7•x 5p'� a ,'' ,, '..t,iao .. �:+xa� ;W } t d t _ ! ` t4"�Y '', ,.` ,. "4^1a�'.r1'a c t a v — t4. 3. 4 A w a`t '5-4-`r'' �` 4 , A.x75 f�hi a +� s .0 a F�et", �L i<. Ft•, a4 q 'r !" T a}cr d. f 5 S;bf•, �f�„�at• A"'. ,i r r.. • '`'''"" ..'' .,. 0, ,� ;>5 i {: � gnu€a,a!. •�:f"'u , r»4,,q a3, • ,,,,c°e,. :y'd . • ... .e „ ".i�..:.a• $:« ti�.ri' 'i'•._. 4),. <> , it" .p ,:r.. , .. 3*f'r'.tert S" rw .« r. r a a id i�S��y� t-„, • %i'. i' !.RYR'. A.t �yq #x,.ti r. ♦Y .rr:: i- e„ • ',•,weW:Yf:: t'}SY:.F t.' Y»8" y,x{:, .e'•xd• .. i :t° ,w•3t=4^a```°",..E!f" �'' :"v' 4. ,'q.:` ...+ ..:.t::x i;er� `;t�', • - 't.r. '� 4."Ti!{;.:t• e. A .a" Y . .t. fill �: s:'. s" .x:. .r"• krr.. ,'^9,�• x 'y`• ' ' x , -,•,„. `'x'"'_•:xrt4.,a1 ..-.1. •,',.. ''4:+•.';-. -..'•::: ;, .4- _ .„'g s:,,•,,:: Y.,_"°'r•'r•••-fit':Lt+`t^:',y;,.:,., �;,,+. i+i ti«.r ,may 4.-y1 y: ^�'"< lw•:•' � ,Cfi. ,,.., • ,5.,: 3n�i s• ' b'd, ••-? .S;• py,>., wr..k a '!`�, x' Yr«:W�• r `.:iir -�, +. ',� , ,�r':m"•T�' 7 r� < +Yr n.• .�:1:,•. ..:1 '{`rx• _ .»,A,';g. ;.Yf:,o,� Y=,,,e ::i,�,+;>.. 'z:' W � '°�.:'^"�"' .`�.3' t" ,,p"-�.""�`: iA.'•.:+',',d x",hs.. ,Y• , N:+4 h. 'ro;,r. >,t.r•.. i:> 1y" r2,4.." .4 -tf .2.fi-s•:5 .. M � .... N -�+•"'��, "�Y �rt sy':J:%.::,Y ll aR=?��. > ak,,s,�� •y _+d q . s- �?��y,,r�> " y;�..- ..il'Y '''‘I:;..' ,,W.',+' -F�'. .1 " � µ ,4��" "ia-+ N�•�...�'13.7M,�d' b:�' `^,�:>� :• ..d'.' ';:,. ,U .y,'.! y.+,- .sue - �e»pg��QX`.: ,rt..i�:�i��t��,4:'�i.ws �,c;i �s,,� k'G;y'.�: :t -n�.� tt i,>,•:.ar,;,j �,,H,,e�::^tii' .1," "• >: ° ,d++tt. -et+q„M - •#` 'i, ': "u" fC J •. +g,,M,,.,'ki .A . .. d J,,,.,•.:;A th':ti-y:._:'x:'... '*4' •1 '� .•. .'4, '3j''t•,r,^:. .Q^° Z='.....•3�°ta� £ .,ta.";'e .,�,. dr,.'•; .•5:d' r`„'r." 1.. ,��{. �,:ia'^�' ";',w � ..��..y�:W: ..ma:" �3" S ,'&'A•,. .w�Y`.-}�• ,:J.. e,',1^,?" 'y�': "�.. J',�...„n=�•: � .)� .;.,�it ;e.x� n�Er:^.�."^'4,i.. , _ xu,Y•�•" "1 ,S�„a`: • n �.:. „":J. ,R*`%.:'r ^ rt`'w-` 'Lr,r-FIF,.tj•RS•reW� d e; . < D"'d' ,. n�+`+. ,,-m,-�e'i�a'�`.•. � r .�.v'C,.o. .k,, ••�r�•a ��. '``'' ..'4�Y�`"�` r.1° � • z..X.:e:� Y' Y. , '. :5-�"-y2:•<, •� �':i ;r 10.,.,ws ..V',.. i;t�' .` •, -.xurz,..• o- ,; R;q , ,,ar? ° '' r.- a), ••"d • „,,.•. r �:,, €_--:,"•-f "-s S,q.«: .f, .,'�'-�^ •,v.,�'.. '�;, •i+�'�•»` Y�,+ utr," ..v"'�•��'.�`��..a?r.c,..h'.i. =�*•�',%.°iti•r»<i;:•, f.+:•-_: �' •, �'i .•€ ?!,i'r �. t,'�%7?„�'". .%k;w.,,,•dY.,.: `.,.^: _�• >y v-s ;'ca. .•�!. :lr,""„34';t$::�.e.'q '°k9 :1�6 `{',~"''•-+' ",5+. x'fi .LA:'"'..�,'tl��,;,' ,.€•.'w.`,f,�"'a.,� �,�..r: '�4 :�• ti J;.Y..•' �4 ^�ji 'Iv°. ."bY•.>+,�. '!o� , yr1•.,,,4. p..',:„,, '•j'i. •i. ' ;.n;: .• ^ ..rh, ^.+¢ ,ie ,`•.9' ;: ,-flv. 1'z d�'.r,^ R ,a,Zi A. :'fir ' '-s`; - 1 :,y, ,,,,.j,w !V.: °'.' 't...,.rt: ya•a �;,..�:�. ' � ",�. +.x �fi :wi�e� "�ti.�. "+r:" "�;,N� � it �v .�' 'r' ';t+.. "�:; 'ter: ':�• �.iF '�'�'?r. �` '.+'` :,.;: ,, c• .r,r:�sH"'d'<.,. �,.�!:,, `: - 'tv ',:Q1 "r.,YS .,-.-' <.iS',:,,�, ,'. ` 7,s ,.•,• ""ate, f-:' �,` ` �.�' :� .,: � '' �-,�''"'' ': _ z`:��.,-�' ,� :fix: s��" �,u. :.L" ,fN� :" ',ra1::.;:?�' :'.Yt. �'45�✓( .•i c�:'{d -c�i- �,.�.. ',�y.',s< .�'.`,��, F?.'�:+emu i' ' ,are;., _: .'< z i"+ A r !+i +'-/4: .'.0 i, .,yb' "•': ".NC,' / k�F• x �.`,?.e': ..^�•. ;,,.".rY" -'�.?a`" a�"iw:w':'.. .z u r. - 7"+t' ;";'e'-','."�r-.�,:.' e' A '� e�i,� S �° � ".-r,,,�`u ' '�`,,-_ .'s' -�•,�a �: �i�s. y. .g i:?�.�'; l,;�k:"_t--� r" 'i�• O��FFF.. +,.•' ',,.i'+,.="y;,�';Wz =:E;�r, s` ?ifiiit- 'o 1bSp �r»rf;'"�'•. ;a.;' ' •. ;. '�'.��,.� w�'�'�'-' .:,.4 v: „t.�;•;,,,y� n. �1p^ .fit , ;:::.; t , .t .r., •.�.dy :.a,. 'g ,';.2'.1 - at - m ..t:; �.4t t?:"" • C:S& " has.�. "+�.. �':Jq,-„r.. .t,�t,�':.�'vx'ji:1. :�:••�.'��ts "`2r. - .3,;:;i}�" - �.kk 'l,�ad. � ',' ti• ,+ 5,: .T„: • ,_n= :..".;' atri^r':� ,- y,^ e.:4+r i;,'4i,,;, .. ,.x, ' .. ..' ;G �'�?��•ay.. .� ..k �ra�+�:A,w. -`�i,""'' r t .a �,c°.xr:��<, *,M"�;„r` �R;�"�' ',� t, "a , . � r:' •�'. •s, ' + ,ry�*> ,v.:.�::f:,j^i�r":". +�.EY2'•�r'�f>_'• ,• +''�`.,, 'A:.;...r .r,•, Y?, .•t` _ .:�' :n;, Y ,L'•`:#..�s^ �' •„{"-i-•,r�:-., +r y�:+,x' ,�•,,l .,y k .t_, '' ''Sk,•Q ;, w,y z:. ^n T „:'"ti>.'j w1k i, .. .: S :Y `'M :` cam S r;�+ '�4':4 .§ Y�i3',,v'E::»�,�;�'x ;Y;^p+-�'t�j�:, ti' _ �:i':"r. :R:,,-'a �u• + �fz.r n..t�ex iY`..' • ". � '' -:,,: s'4r. t'.i:- ,?".�'', tz, -''r <:,. t:ts' =."..'N •rr-:,.`'-iz,'"'�.,. ,s x ;`".+ ' s,,... ..c+iA W :i+A'i. 5 xi�a3 xxt w}'".,"��ir.;5 '`L.,Y:iY,�d:a�'-,'..�' • ��: °'C; ,f: .,xF i^�; '71,.r,:-'• � � sr.�... b p!•. �•t: � �,,,� ,t. .}.` ,:k'o*s'.,�,,. •�i" • "`iC,».K!^" a•' vHq x ""y"'2°a .f. �?a%t - .J nxY.�"Sc',,)<,r;,t ^b: W,•T,,ye, ¢b ..,�T]� r� :•I+✓''x'n'ar.`. ^,.,•J+aJ.., . �•e`.�`..;;•�;d). ik. <. -'"A« p• '+tts�y.`,rt ^ax.Z+,f:e.,f. l.,' Iifr }' ,*. �,•••.14;.. r yam 'Cy5 y; .,Mr;l•:�"+.'..`�{,.sa9,+•;xt�.y� 1 • ' PR° ',.�{ V^•:"�'C', ��yi,��i '�•, .gym.�.t �. :.t -xy"a+�:'r r `+F,,,"4. `°�' y. rL'' pt"�'. � -,��'.w� �'�'' t.«t.�":I4 - :y;�TMr ;�,'�*:'r�,,a.'`w-�;�t!i �.,,`x,'a„ :>•:'..�{."��-,' - `f Z;cv 'k,Jz,It, t, 'k::fi,:;„}4� :. ;•i' 'r` -`K'" !;:;-•� .',;1 �r ',•.. :,ra,• ,x f `.A, a1:}x?,..F, w,{''+o �.P •", �' •'w a�•,`#, .fan y x'1'.x�- !_.,.?, � k,.,^.r'"d':vi . ; Yw� :, •, ' "',',Pp : `. ';o;' 'i,;„( 16 M:.k's:,;, '...i ",,y ,,, �Jrib„,..T.,_{;,•t,, y� .,. y..w x.' t, .( } .': •'jcs, iy. � r7h" Fa-, as rnU=L� ^i.. 'r�r �a,. •�y�.'x< 7 �` .. x�,' `„^Y.=!'..r;_. +. '`�,4.., 4 'a#r, '+` •k,.' .�'.a.��"' ^b ,*4., t ,:;C-', ,4„, '. 4*'.dr_,'Y•',.�,+A,,,"(!,', `,•r�j,4, .1 '' Y;ai�,,iz,'r - 4,f1a; C,: 'l:m:'. , .'." ::••- .l' ., ;c, , • I.T • '•£ f ,.. 1" W«'rf 'yea.w'{ '' -'>:t`'. e�`, 4a:,'�' .y. tF.�:tTx,: 1, , �,Y,:tS't,+'}s- ,,.�..`d,�,',k.,'F r>?, ,;A ,:�:.yw �i ..'�'�: ril .,uM >� 'x" '.�`s:w ' ��:�e; ``x9�, K a .•gr, ''';' ;aLu :i.n`i'+t 'b•2.:a ••;'C.'.i r: `+'",fix,,1,; ,c. 'tr+ ,1,v,, 1,4,¢`.4,..,•,.r t 't s..,, P,4?,;'.- . ,Y'•' `i., .. ,r.3H 1,v�lu . ,,;54. '}4x: ,-i �f•,,«,.'"." ',i, '4. a'a'ltr. x f�,t..**`'.'.'.-y`' <, 1.` k.«; .n1rI-- �tr.Gi+: �.hy'�a �Y" :�k.¢,YK-:h�i'�"d':^ i,'fi•;?r�''*-:•y^.S: 'r`ex�` ..'nr •a '•.�,;�.;.:. a' °�'�,..�i •Y• rne%`'x` ",`�>. ¢x �y•':::: `x M y{- 'Lts. ,r'xtT.. 5e,,',,,`,t� _ rt-4., ;4a: .i;p.:.`%s',gf:'aw rY'w`•;, ,..;* ;, qmt j-.. _ �,.. NtT +k'.:;x�, •"%�"'`t.�T•'4sy,-s.ni:;.^'�"' '"•. " :'M• ;,;;,;tr:� s' 1.,.?�t.,;';;k: ,;.'..:0'' " ` •fkell r,•^.-'•.t,.. •}`„•• .§. '&:� :. •.YLt,. 'a'N,"K 4 ".{•r ..F...,f' h f,`,•.4 k p e� .s1•., „y, ,t ,.+.:i:a�, IJ<,f ^"y+. N.x„ ; ,a £n• k i ;�•,ejAl 'i i`�s ,:_yi*` ��< ?:ri+: • �' riC' r.,1" � :7A"yk s .Gro7 P•«:.X WI x:"' �3,��r� +.n �:':hn �r'.;...ta�- ,:,. ,!g '-n:f:�] .z> � t,.t V„3", 'K•• .Lr. �,{�.s `_ R+^� 3 F'�,..--'� . ., }t•,.:'d.^'r t�:, '} ?+"- '.rr ..1,"[} `rw l,, -q, 'id 4.,. 7I t,"•,'YY 'J.u' •'`4Y.. -,1. •.^,., leok " ' 7 '":' j , '•,•rf>L ..,.?4' .. '' .0%,: t�''F'.• ^k`:.16.' f •y .'!.Y'', .,t JC'.p, 1,4sii,,�,j 4f :;Y.w.< '•�.=. . 4,. '...�ki • '0'+'4` t, �^� 1y:- .f 1. '3,yr �7 • & trb 'p °�+,^`-. ''/fro.; r:: {'' a'+, reams:, 4 :;; "' :; :: x,•'yj .. ° r',,,+.� �k ,;f 1, yY �:.17 - ..�J,F..,:.. .r `��• "�'q 'L,'d��,.w'::a`. {:..., ,e5.t '• '„' �„ ;': • ,.tx,.•`,�,y" ;�i GHu "•..i�".• =w.3�" _,c' x:lt1,'�{�.. n` .a;ePz,�`at^T �l. t.. ,Y, ,i :n. ,..r "�f•;$' }� `�} nnFh,{ya y� y►/A� t.- ,fi,�ee r . ,,': , •'.s, -�' "J�`:Nrf.: ,'.tea �., .:, - x- 'i=»„j:'' - _ -V � .'� VJ' 110 ,., ,.,?Y"s .» ..•t.J',..",Y' iwt,,. 4' Y., ;,rg;`+':. 'li_,1?';' _ r; c..« Y.. .till'"._ �' >g�7•r�+'73. - ,�+?�','lirfi,� '4.T•.�.` .{'�. '.fy.' :a;�'i�,�,.at?. „"�*s::x n„,�I. .�r .�::•. ,'r`+''' :f.7..• :�•,. `_, ...V.: '.'c'SY' M:'i;x Rt .4"1 f '''>,'"f'..i:r'41,'• .s':,' :''- X 'f"' 36' rr• ,`f 4. 4-:fi` ,*f- 'x'44•`_}•-.si,l,s F,,..., `I s{y',f,.;-y f::.� �E dr... - - a� .a, .,,,, fe+{:t' :;ice. ,.K4i •�, Y^ T'7( ,,.f,•,y'- -�,�, fit".,. .i,. ° `, rs�"V''.�:5'..',<:.: ,'3 .,wk-w F,RSp.N"T ;,•:k`„, .';J: 'x' `:'��'.. 'rt';,,.,;R - %t'°..•� :3 x- 'r::yl' w= T.:'�4('}.�'tb^�`.� m;.�b�. '?� irti�:i �Z,Y,� `a1=. !;r.s `'' =r;s'ar." rr ^" p a '' 1`�y ' AY.��r�E,l,s!�d ( 1 {!��(•i t �:�P ,uy,..', r; =t',:-,.. ` i. p� �. �'.`� ,/.a •Y �+'l''' > .,:�3,y ; Lu" ;.'rC F'e;x Y'4"x�Y�'.:'�'�,'L„'� ,,,..,:. .:,,,::,,,,,,:i ."i{' ^- , ''OS.V .). .t''F � yam, rY.sy»y+5s.r "1a'y ,',.. .S ,SU /a.� •..;..,., �. ..}., ,�� j., ,T, (t gi yA'-�,'��r +1, fti• d�`." /{t� :"5` �r' ) A""f w cam + '1, ([•�'�.. yv- � I.: '1.'�,��11�;,.YF.,.x. •:_R::.:'i. :D-, dw j tiy"•�rF. '� t''' . '.'^ ': �i Y,:$ ,4 ..y„ ';.xc '� ;>}> '::';^,ix'r..;' �: ,,am' a,$.+rF�r b,a"' »'>'.. 'fit„.` '" t y� y,.�..:�r- ;;�,.a'j., l,-,f�s;tt"'U. ;:�,;. q,: {t= '� t� ,�.t `.2,� u :;Pt a fi a a i� tr r :,;<'a=, .:t, a�;-:�^ :,'�`4 'i' .1* i?wx`< O ''; a5' T"�' 51;. �7 J,� �j� p�.t t r�.Z ;t , Y:, '"{:::.. ,:-.„,,,s,:::::.:.,,,..,,,,,..„..,,n„,..,,,,.1....,.,,,,,ii.4,„,„,,,,,,..,,,,,,, ,„, ,, ,,, ,'' ,g� h,;.4* .: r,,'#'» .t„o, '.} ',,':^s-.#,';,..,,,,r+.. aa,;"�'.::t e.;w# u C' w' ;' ."?�s;,t; ^1 .:;tier a. fi'�?;�., ,' sYr. �::?•'�` - z'Y r,., .� ,l:R,fi: ;.'tY.'e,y^ L:;: ''�«rz 3 :fgx ! `i✓ !!.. �r'�`• }��.{�f,t :%f z d. i�'. ..1''.~3 sr'j„ ,, ^4` - ^X. =e ~^Fr :�s ,7.. :�,'.r 'M'.- 1�.'1S '�^, � f -`��i.•••.�„ M4- _ 7j .�'s'rr ,74:d x ; y5. ,f' �r! ^1. 't1, � ,„„. •• ?ii 'i.Si •e "r _ ,rfic. r t•"Y .lY� I �r .4::‘,1„.„,..,,,„.....„,...„,:„:„. „,.,,,,,,;,,,.....:44...,„,..„,.. ff�. ,}�z y y., �' •tt t ,m, �x�� C`' �1 b ],Er' AA ? ��x s: • ti' `off' �.-.' �. .y4 p .tr �` Y:i• , x e r, a3` • v" • :r�� tig... 'k. .3: �3,r,v� YK F"t � X, t J,� � r "i° �tPe�',: :�,'r_ .::i::. },. r"Yf''F r: !(• i3*:x _ °b�;`.'}r.'. Z• :srn^ .�^. 71' ?tP �f t� az T a•, t tr• ri, �� } �} P M a {.{5 3^S ''.�. -:.°rs•. �'.�''." -'' q.tip, ^Y+. IE >(." �u'p^ +:# .•1'" C. • •;y= :.rt:; .r .L't' 2. �y s �c r.A we# .� r' •t• ,µ`t kw �c•:,..;,......, • _ ,�F • r:�.r yt'D *°•�i�'4`* '�- ii isr;z�i ''}'n�� Y •�,A"r•-" '$. - a�C a� • �.. °rb- •y�.;. •f.% ..t.- ,U. 'P. xt,�. fa.,. ) 4' + , i ::1 ^ v s' ri3:'" .•t. ,r; '•g' p t l� : ., 4k' A•� ,'R c i.k .•vr,., t .e '3.�;••m i s - :-,,.,',:;:„ ' r �• ,.�< ;»may,.,.' -�:. .," _ J'y r,Y c,.Rx +'Fix. ,f+�,�`�,�� , ',t f-'Rfs. �n`�i - ':A'` N l <Y • f## 3 xw f 1 r�y.�1;P« 'sy',iuf'�tr: .l, x>}•. ,.>< - ;�,:xr' • ,~yg'�.v x, .. Set, t ti•J±.; . r y4" w+l.' •� ii,.,h�,• "� •• ce;m:5. `'2, ..y,,..,«i•r .:^R �„c° f::-. ems- ,y� � - } ,'.4-'�'+^ = ,.y.i 7t5 4� +c'X,i' ty�. 'V,u:y}r A. t .,{,,' f,. • .:.,+-.,,,. t•' i4:i': .�{,( 4- F",f" r .Sr'•i{�'. W.: A,' 3 l K£:,, .if° ,[: 4,',,Y-'.,',.,,vC :�..,,:y ::�„Y ,t�-.,'S .'C,�,'.,,;~'':•:{,t•:."'1,`,Y ••e t '�'y3"' r!v' 4.�' .�>�' sr�". , i �:,t"«• , -i+= ':4 n 't41� I 4t;'�:"• qr.,mod y V i' Yam' S"' 3. D"r^i� dx' �u f - • b;. Sh •i. Y pq - i ,fir K' ?-S, r5 r' •S° t � 3� wC' • 4k •fir " .' ': , Y`F+ j ;�.y.{> .ter `yx.` 2: yW ,,Y - 7 ;';t' -.�^ r'.MsFr • :�+' "'�;.r'.-�,� ',.�.t'k•..•.,, -'� z�.. .,E .. :,;d.,;w�r�y� - • •- „�• �»�;.^ '`5„�a,4. ;�'S1';z �,•4. =s+ ',.-: t;F, a,,"''„�, `"'!ii��'}�'' "i",t,,i.4.,. "9•;.•; :'y A.L:,,,a. :yr.' /•i''a ,,53, r."'wF>Y"� „^' ::::'�: a1. rz.,.,', r= .Yi. „i'C t=.:.e.. +^=` ;r' �'C ';�,,.. r �>< .,fix: cy.r.o axe. .. • ',x i• k l,• • _4 i •,.,,}F•'..,,(,:, t# =r"7 y''.,,#,b R• '.^,. "#'`�'` .;1 f a,... .. ' ',-::.' •� V .p,'-' 'i',r;. .. :t•, y.r.p" ,� a,,;„ _l.:+cytr.::::w.n n+1- - ,,k.. ;a.• ::ki.i' 4.'.r. `:t. „r't• - 'r,:',F ..zr}..t` , ,"�' .rr'r.'... 'i`:fi ..9,ti' &.-�i•. s'>�',4.{; itiz3 '"k --4 .T"JiM•• • ..�,•�.: - " 1 i rir'' � {'tr*: . ,:r 'Y ,( .k .i` ry,� • 13 p' 3 ..fir �•:r,,k {"x... ±.. .�'•.. .�,t`,fw ,4:5 ... , '.!V F:i' ..1s.d •K ' r'M_„`H'{iJ' N:.., '• ''''Vi,lt .iS'r. .e ,. a•+' ' rr„' , '1� � x"- K. .;+'A'�M1�,..•• f.• R�:,•rY:r ,F€, ,(�y�,' ^ „ • r Y} f .t x t ' ,,, .,„ s ,;qt ;}d .F. +1hffi r- r e . t t,5 ��p1t d,1 � ; -v, 1+4§r ...,aa �`+�k$, zk :sz• + x -,a r.P a p vp. + -xcr t.7' -h`'�y 4�J''1';,4;r "et. ° t' 't 4 " .. `4`i • ,. r-"t ",, a�. • t't' ". � '. � s�bz n *�"+'� N t!Yx r � �,,,,'i`�`A,F... �a,r�. *" �. 'i�,S.a -e. • E a3. .. 4 :a'-'s: t w' . r a ';,i . ,,, Vv}-`' s ,z.. a..�y s `'..r tt ,r.,* i JCS"°} k ! /.a{„ .- *M k `'h l;^;g. '.:':}'� 3 1 ^' ..;F 7, ^N'Rv 'as Sra�`"tx $4 643,t 'IF t: .$.4. ' F':.FS •�L: ,'..: 'l .'Y,-.. ".t�t + ,i w 'Ii: E 4nd •y: d< . *s k1 13 t� t e4 .. 4''.f'; , 1 .s 'c • i a R+1. 4« A,v '1 !itr. °b+:d s to t # +.,ry,.,'«e a } A.. .� .y r„ -k?. . a' : f'j? t w:^t .ram �« "'i', 1 "K'"t .4 t 1 '`kwa .t x j",; 't•",*a... `l•-•...i..� ,',,.sr r • tw'i""i r > �,. l ^-u Jx 4.;Y y k k,. ;tea`,'' e. }-''' x 'i e ` .'►`_ _J" t•i« H!:..7-«eR '` :S ue'� -' d g k}' a tk"i x,',,} •.' : :t9r.,w 7 ^** .->r7t.,.t •,,.„t-- ,�..s, : � ,fir �a �ssy"7r.,1•.,..«'-s7 : .. .. :, e :._ . ki, _"",'*wa r x �- 9t .F3�a^ � v � }�' s ✓ Msa ` a .,. t•, &" . .ch i, , "°t� i 'A«' ,w,. ,',..,,;;;,-,A. +"t, .: t ,4 w. ., a. • •` ` "^"?L.., I,« .«w1"., a» ,,- ,�y fy,,. V „' +bpi � r£-�'cw-,�.+vw�r. ,, ..}' ��'aLa�,t `.,. �� 3 � r. V +Yyt � ��jf • • ^�3 �.. s2 '" --.«K .7. t :, 8,s^• ,.'4 L i y„r'' IS'1...v k .0 rsv y-S • S.,-;, a. v . -..5.,iE�,�j {s t "it`t s. ,, t '' .. 'e` j A a 1 Est �•• Ar. a' c .".Ze'_ ..k >>cc,,� s,L4k 'h � }. y.� .+" "t" F Y. 'T`�s«.• ,t"a7E"#• • `^ry^,'«.�",; ,. ' .• fie ih ueS"Y • N ,k. �stPn�� i e1 `� s ..q Ssy��✓ r P ',fr. . a. R Z �r )€ as,, ., 3 s . '' , .' a .M•.nzy-. 1; z• i. ty, 5 - r it• ' ,.. „ "3•'am „{;y +�" ' it.ate t ^a '$ ': � i � � a �` t ?pa " i �' ♦ z�F a4r /. x .gin y . ..f , r' l +� *`. 4:14 '. .,.. ' . � /, r4f YS. ,. r ' � tRi / / /4+ 'k -4, t `' 'ter'"r C tr ,r �,a.r s a ,, t a , f +1Yk ,cd.° . ,'� S r +,r t v r -R ` , 414,' i��'• •', '� E ? F / 'z t 5 :� " / ,yI I .A. ':., Z.$I Aa �,W %b yn { % '1 .• i / R®�c 7 I .,r.• t� ' � ``w ' tt t x • 74 irk • ,, y n7.' A ,, 1 „ . yF# _ s'4sr T .> ' $'° oit '4 fi • ? " ;i' •r`a rr 7 YS.. rrt �X y� y $ 4t 1 r d1.?ar , �, '; ''""' :i ^ tR r . °' '% .,.!4l , tor. ,. . -'z: r: ;'w ir � rJ' sa a •• «,Eg , H fia a yy :: * a' %4'. it ..1$ .� to� f "f ,a f. • • ar H 1 :," wr, -M a 'r R+ `�,Y- t, .a• s ,2vs'r.. A../ , - .+tf �ii y .. _y.7—'5''"•", ,w'`, '� ra+Y�: vA�"'y, : C' '.P` i �}�.. �'•�A ,f.'.77. yM�'/ ../ ' .,-,,"® ! S,•• / 3♦..^({t 'y. �� "L� '•t "7- ` } >2 L • • v _ E 9 •' '• I } +�.•. i p v..L�� ;K'`ii.- /�'�r/ Kk-' /:w'. ! ,J,+iT fir, .t�ir° 5'k " 'i ` �h a r♦ 4�`��n. ' - c•rN, ';': r -'t • • $. y;v ai N.,. '',I4 i 4i-i, a • �4 1) rz , t ki 5 4 /9 �. m.. z E , , ksi , , ,,,.. . � r aNr-y t a,.l�/'�t'e:,-, 4:1 V i�p '.. ..0, v,- r .,,.y_.,t k '.: ii '">£,''y `• ','I'' 8� «.� 44,c ,' i' v w r t" ` r4�.„y, r.�t'4 k.1'a '0 `', o`" ' .• .'4 q py•. 1 a'i':•r 4 a�� r j,�G'♦. r+r ;., ' i t•;• y;� f:ro,, ' „° ',tr ��"¢.,#,ii c f a ,. .7 z%v 7*k,, .� 4^. _� /e r I/ f *"• ' - .' µ �� A."T / s • jx` ai•aW':a�,' 1 [ .tn.p.�f 1/ - y F•/ « ®:,, :'r/ :P ,+, ,r. ry Ip // ' ,,,/sl „ +c yis b,, x5- :A fl'i /.4 '' '.3 F/r/P 'd' h 'S • 4 :cg. Wit 'g ',, � Mtn 1,4rrw:Is.'. rY�� u ` .J�i9s 1 t �'�°Riff£ ti� ; � ` :. t d �s- >1 ,/ a P✓+4,,.'. t x d ?'.„r', qr �{,e .s .r4 � ' i t}a :�y fir.i yr. 1.11 1 u ,rw..,..,. J,y ^Y+2 t a 1 �-++ a .v N ,i 4°�5i.` ( t *i3 � t 1 SSy�yv 3 \> Td' sf g�� N .1 sg a ,i .. k e^ s r'�._41vs nh r �.lx. =�z' .} : �k�7* d} PWfk ♦"� : '�l'� t tx' } � `r" --+ xr .,.,,:. 'fic r.' , ;7 t7- �7g ,;:ir Y• 'ti`I yam,'r, "fix`'.a'f s '. '+ + p rr__ s f..s.,' ..-'',.'=',•'•.-' -: 7 ': .*:'..''4-ifjy„T• -^s.'' S �/{0�/0�{,i,;+ ,s � i z: a p d*bs(,,,:!� A "K' J'"t sY�� •4*-3 + w ,� Y f,.c, ".- r, ^( TR'/ �� t "y '� k7E N 1:c' .N V.'` .,,'� �y s '4�` � aF � rK� ^f c •yr•...'. ,c. �� -,,,, `«;�✓y�.�".�' ,dY,ti.� t�` R*9,'t'�h � .� iril*� ,� � 1 � • 43' d'�: xC w � t+4 x: i ..,�t, _',,? t k . " It,., '- 4.try,i 'z >� :.aai 5".i :;sM' >R• y�€ '�r•'. � �$ '� ; t ..s a/" 0y ;'M1•r'4.r ,�.,,, xL Os p y' ,+.y x.f,/c�. • r ; �. il"e4 `i '. .4 1 £�a„" • r<ar-R�r" : .}' ir'..,N { 'r �. .,,p r 4 •ta... :•,,;..,4 c. y ::r�"9 � 4 vm, ', .. t �F} ? x �`�a ,-� Y�'a}�`. � S.G _�"^a�''i't F " - J �"� A,!�ks- ,._ �.. .""� a.:m..'K 5,«4 e:�'..'��«�:w..'. ,.. s :._ .• ,. .,� �.� ,� , K 4 � ,� s• .?+ is yr: Records Requests: (i) pertaining to any requests from a Collier County government department or other first responders for additional essential public services communications towers and/or Department of Commerce and First Responder Network Authority ("FirstNet") network services in and for the Collier County, Rural Fringe Receiving Lands located in the North Bell Meade Overlay & within 6 miles of the intersection of Frangipani Avenue & Kapok Street ("County Location), (ii) pertaining to problems with existing essential public services communications towers and/or FirstNet network services in the County Location, (iii) pertaining to insufficient essential public services communications towers and/or FirstNet network services in the County Location, and (iv) demonstrating a need for additional public services communications towers and/or FirstNet network services in the County Location. Douglas Lewis From: Suanne Woeste <swoeste@gnfire.org> Sent January 28, 2021 8:39 AM To: Douglas Lewis Subject RE:Records Request Pertaining to Collier County, Rural Fringe Receiving Lands located in the North Bell Meade Overlay&within 6 miles of the intersection of Frangipani Avenue&Kapok Street("County Location") Good Morning Douglas, As of today,there have been no additional requests. For future requests,please email Director Tara Bishop @ tbishop@gnfire.org.I am still with GNFD but no longer in the same position. Thank you, Suanne Woeste I Inspector Greater Naples Fire Rescue District, Fire and Life Safety Section 2700 Horseshoe Drive North Naples,FL.34104-6918 (239) 774-2800 www.greaternaplesfire.org Please click on the link below for a brief survey. htt i://www.• eaternaplesfire.org/general-administrative-service-satisfaction-survey/ f Professionalism^'Integrity-Compassion information contained in this email pursuant to Florida Statute 119,is subject to a public records release. This email,including any attachments,is for the sole use of the intended recipients)and may contain legally privileged and/or confidential Information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the intended recipient(s),please contact the sender by reply email and destroy all copies of original message. From: Douglas Lewis<Doug@tllfirm.com> Sent:Monday,January 25,2021 5:20 PM To:Suanne Woeste<swoeste@gnfire.org> Cc:Karen Nelson<knelson@tllfirm.com> Subject:RE: Records Request Pertaining to Collier County, Rural Fringe Receiving Lands located in the North Bell Meade Overlay&within 6 miles of the intersection of Frangipani Avenue&Kapok Street("County Location") Thank you. Can you update the below request to include any responsive records subsequent to your November 17, 2020 reply? Best, i Douglas A. Lewis Douglas A. Lewis, For the Firm ma dats44 it belr x 1-HO M.i- SON LEWIS � irl.� Y }._"i ;caunaelore,at:3aw ' w d � i"": Rising Stars 4 Li Ll S ItilsrE�is kt (' 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile:(239)307-4839 E-Mail:doug@tllfirm.com Website:www.tllfirm.com Linkedln Profile Link: httus://www.linkedin.com/in/douelasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attornevs/34108-fl-douglas-lewis-1250057.ht m l Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice,our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules.to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away.We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm,PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used,and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 2 From:Suanne Woeste<swoeste@gnfire.org> Sent: November 17,2020.11:41 AM To:Douglas Lewis<Doug(atllfirm.com> Cc:Karen Nelson<knelsonPtllfirm.com> Subject: RE:Records Request Pertaining to Collier County, Rural Fringe Receiving Lands located in the North Bell Meade Overlay&within 6 miles of the intersection of Frangipani Avenue&Kapok Street("County Location") Hello Mr.Lewis, No requests have been made. Best Regards, Suanne Woeste I Assistant to Director Tara Bishop 14575 Collier Blvd. Naples,FL 34119 (239)348-7540 www.greaternaplesfire.org Please click on the link below for a brief survey. h •://www.greaternaplesfire.org/general-administrative-service-satisfaction-survey/ tni ; f Professionalism^'integrity—Compassion Information contained in this email pursuant to Florida Statute 119,is subject to a public records release. This email,including any attachments,is for the sole use of the intended recipient(s)and may contain legally privileged and/or confidential information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the intended recipient(s),please contact the sender by reply email and destroy all copies of original message. From:Douglas Lewis lmailto:DougPtllfirm.com) Sent: Friday,October 30,2020 9:57 AM To:Suanne Woeste<swoeste@gnfire.org> Cc:Karen Nelson<knelson( tllfirm.com> Subject: Records Request Pertaining to Collier County,Rural Fringe Receiving Lands located in the North Bell Meade Overlay&within 6 miles of the intersection of Frangipani Avenue&Kapok Street("County Location") Dear County Golden Gate Fire Department Records Custodian, I am writing to request the following, pursuant to the Public Records Act, Chapter 119 of the Florida Statutes: 1. All public records: (i) pertaining to any requests from your department or other first responders for additional essential public services communications towers and/or Department of Commerce and First Responder Network Authority ("FirstNet") network services in and for the County Location (as defined in the subject line above), (ii) pertaining to problems with existing essential public services communications towers and/or FirstNet network services in the County Location, (iii) pertaining to insufficient essential public 3 services communications towers and/or FirstNet network services in the County Location, and (iv) demonstrating a need for additional public services communications towers and/or FirstNet network services In the County Location. This request includes copies of every document related to the matter, regardless of the format in which the information is stored. If the above information is on a computer or in electronic format, such information stored on a computer is public record. If you refuse to provide this information, Chapter 119 requires you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(1)(f). If the exemption you are claiming only applies to a portion of the records, please delete that portion and provide photocopies of the remainder of the records, according to Section 119.07(1)(d). Kindly advise me of the cost (and provide supporting detail) before proceeding so I can confirm that I will agree to pay the actual cost of duplication as provided in Section 119.07(4). Also, if you anticipate that in order to satisfy this request, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(4)(d) will be required, please include a written estimate and justification. I request these records be available by Tuesday, November 3, 2020. If you have any questions or need more information in order to expedite this request, please call me at the below-listed phone number. Douglas A. Lewis Douglas A. Lewis, For the Firm m,,ztindawhir .`'IT °NIPS0,N LEWIS £ r ;' j ri ty T^.P•# fr#44 tOUf$e Ors fl{,jj( USN£'1f4i'§ Rising`- rs 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile: (239)307-4839 E-Mail:doug@itlifirm.com Website:www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attornevs/34108-fl-douglas-lewis-1250057.ht ml 4 Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice,our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you; however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away.We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm,PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used,and cannot be used,to(1)avoid penalties imposed under the Internal Revenue Code or(2)support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 5 Douglas Lewis From: PublicRecordRequest <PublicRecordRequest@colliercountyfl.gov> Sent: January 28,2021 3:50 PM To: Douglas Lewis Subject PRR-Lewis.01.25.21 Good Afternoon Mr. Lewis, We are unable to locate records that appear to be responsive to your request. Should you require further assistance, please do not hesitate to contact us directly. Please confirm receipt of this email so that I can consider this record request closed. Respectfully, The Collier County Communication and Customer Relations Team a� tier c !_ Communication&Customer Relations Division 3299 Tamiami Trail East,Suite 102 Naples,FL 34112-5746 Phone(239)252-8999 Please take a moment to complete our survey! From:Douglas Lewis<Doug@tllflrm.com> Sent: Monday,January 25,2021 5:21 PM To: PublicRecordRequest<PublicRecordRequest@colliercountyfl.gov> Cc:Karen Nelson<knelson@tllfirm.com> Subject:RE: PRR-Lewis.10.30.20 EXTERNAL EMAIL This email as!from an'exxerniaRouree Co`nfrm this i$a trusted%sender and;use extreme c aution4when ope'119t ttOtbknt5 ot`clt4100!ir ks Thank you. Can you update the below request to include any responsive records subsequent to your November 9, 2020 reply? Best, i Douglas A. Lewis Douglas A.Lewis,For the Firm matiindalr 7 i t 1TRO PSON LEWIS. { is e tswAri iittswel�k ;counselormatliw :t+a ice✓ Risinq St9rs Suportawgorsxorn 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile: (239)307-4839 E-Mail:doug@tlIfirm.com Website:www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm htto://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice,our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away.We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used,and cannot be used,to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 2 From:PublicRecordRequest<PublicRecordRequest@ colliercountvfl.Rov> Sent: November 9,2020 9:03 AM To:Douglas Lewis<Doug@tllfirm.com> Cc:Karen Nelson<knelson@tllfirm.com> Subject: PRR-Lewis.10.30.20 Good Morning, We are unable to locate records that appear to be responsive to your request. Should you require further assistance, please do not hesitate to contact our office directly. Please confirm receipt of this email so that we can consider this records request closed. Respectfully, The Collier County Communication and Customer Relations Team Ctitfrittity Communication&Customer Relations Division Communication and Customer Relations Division 3299 Tamiami Trail East,Suite 102 Naples, FL 34112-5746 Phone(239)252-8999 Please take a moment to complete our survey! From:PublicRecordRequest Sent:Friday,October 30,2020 10:19 AM To:'Douglas Lewis'<Doug@tllfirm.com> Cc:Karen Nelson<knelson@tllfirm.com> Subject: PRR-Lewis.10.30.20 Good Morning, We are in receipt of your public records request.We will provide updates to you regarding the status of your request, and if any fees should apply.We look forward to working with you to provide the records you have requested. Respectfully, The Collier County Communication and Customer Relations Team 5 EC Communication&Customer Relations Division 3 Communication and Customer Relations Division 3299 Tamiami Trail East,Suite 102 Naples,FL 34112-5746 Phone(239)252-8999 Please take a moment to complete our survey! From: Douglas Lewis<DougPtlifirm.com> Sent Friday,October 30,2020 9:58 AM To:PublicRecordRequest<PublicRecordRec uest(E colliercountvfl.gov> Cc:Karen Nelson<knelson@tllfirm.com> Subject: Records Request Pertaining to Collier County, Rural Fringe Receiving Lands located in the North Bell Meade Overlay&within 6 miles of the intersection of Frangipani Avenue&Kapok Street("County Location") EXTERNAL EMAIL Tliis?emailfisiaW4xter„rral source Confirm this is a trusted senderand ruse extreme cattion'When opi't�i g attachmentssol-clickAmu,acs Dear Collier County Records Custodian, I am writing to request the following, pursuant to the Public Records Act, Chapter 119 of the Florida Statutes: 1. All public records: (i) pertaining to any requests from your department or other first responders for additional essential public services communications towers and/or Department of Commerce and First Responder Network Authority ("FirstNet") network services.in and for the County Location (as defined in the subject line above), (ii) pertaining to problems with existing essential public services communications towers and/or FirstNet network services in the County Location, (iii) pertaining to insufficient essential public services communications towers and/or FirstNet network services in the County Location, and (iv) demonstrating a need for additional public services communications towers and/or FirstNet network services in the County Location. This request includes copies of every document related to the matter, regardless of the format in which the information is stored. If the above information is on a computer or in electronic format, such information stored on a computer is public record. If you refuse to provide this information, Chapter 119 requires you advise me in writing and indicate the applicable exemption to the Public Records Act. Also, please state with particularity the reasons for your decision, as required by Section 119.07(1)(f). If the exemption you are claiming only applies to a portion of the records, please delete that portion and provide photocopies of the remainder of the records, according to Section 119.07(1)(d). Kindly advise me of the cost (and provide supporting detail) before proceeding so I can confirm that I will agree to pay the actual cost of duplication as provided in Section 119.07(4). Also, if you anticipate that in order to satisfy this request, "extensive use" of information technology resources or extensive clerical or supervisory assistance as defined in Section 119.07(4)(d)will be required, please include a written estimate and justification. 4 I request these records be available by Tuesday, November 3, 2020.- If you have any questions or need more information in order to expedite this request, please call me at the below-listed phone number. Douglas A. Lewis Douglas A. Lewis, For the Firm r ►tr i Id HOMPSON LEWIS �j t�I ;1 f € - -� :counselors at a11V .. r« ._ s VF t L LI[,{,{yytt; I P!PIZ� ,A`yi •_UaNe s hlnirci jt �'c X aY 6 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile:(239)307-4839 E-Mail:doue@tllfirm.com Website:www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm http://www.awo.com/attorneys/34108-f1-do uglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice,our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted. For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away.We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm,PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from,disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. 5 Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to(1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. • Open Issues/Questions Not Addressed by Applicant Douglas Lewis From: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Sent: February 3,2021 8:37 AM To: Kendal Lotze;Jeff Wright Cc: Douglas Lewis Subject FW: Kapok St Cell Tower-Variance Attachments: Attachment A- Kapok St Certfied Fall Radius Letter.pdf Hi Kendal/Jeff, Please respond to the below questions from Doug.Thank you From: Douglas Lewis<Doug@tllfirm.com> Sent:Tuesday, February 2,2021 4:24 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: RE: Kapok St Cell Tower-Variance EXTERNAL EMAIL:This email,;isfr. m'tan WORl sjutce Confirm thiWa trusted send:er`and use extireme cautiongr hen' opening,,attachmertts,or clicking Gn'ks Timothy, Good afternoon, I have a few follow-up questions for staff and the applicant regarding the attached. It seems odd to provide a square measurement vs. a radius measure for the collapse area. Can you provide the radius for the certified collapse area so we can better understand that the collapse area looks like?Also, can I get the wind pressure profile that was used to design the tower and make the assumptions in the attached letter? For example, do tornados vs. hurricane vs low level vs. cross- winds vs. high level winds vs 170mph winds vs. 230 mph winds, etc. create different wind pressure profiles and how do these different profiles impact the conclusions in the letter? The report says that the"most likely" location of the failure would be within one or more of the tower members in the upper portion of the tower. What are the other possible or less likely locations for failure and how would the same impact adjacent parcels? The report concludes that the tower is "most likely" to buckle at the location of the highest combined stress ratio in the upper portion of the tower, resulting in the portion of the tower above the failure location "folding over" onto the portion of the tower below the failure location. This is clearly not my area, but it seems odd as why the tower would merely fold over in a sustained high wind event like a Cat 5 and not completely separate. Can we get some detail in support of the folding over event and the types of wind pressure profiles that would cause this or that would cause a different result? Best, Douglas A. Lewis Douglas A. Lewis,For the Firm Matundakt4Obbeir c T} 0.01P`SON LEWIS _ •; i ,caunseion at kw i 1 a GPI ,rig Stars Ll SNP J SuparLaversxorn 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile:(239)307-4839 E-Mail:doug@tllfirm.com Website:www.tllfirm.com Linkedin Profile Link: https://www.linkedin.com/in/douglasalewis htto;//www.martindale.com/Douglas-A-Lewis/1419349-lawyer.htm httb://www.avvo.com/attornevs/34108-fi-douela s-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice,our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away.We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm,PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used,and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2)support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: FinnTimothy<Timothy.Finn@colliercountvfl.gov> Sent:November 17,2020 9:50 AM To: Douglas Lewis<Doug@tllfirm.com> Subject:Kapok St Cell Tower-Variance 2 See attachments Timothy Finn, AICP Principal Planner Zoning Division NOTE:New Email Address as of 12/09/2017: Timothy.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.Iv/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. • Douglas Lewis From: Jeff Wright <Jeff.Wright@henlaw.com> Sent: January 26,2021 1:10 PM To: Douglas Lewis Cc: Kendal Lotze Subject Re:AT&T Letter- Kapok St Cell Tower-Variance- PL20190002701 That is a lot of questions.To the extent I'm able,I will try to round up responses. Jeff Wright Attorney at Law Henderson, Franklin,Starnes&Holt,P.A. 8889 Pelican Bay Blvd.Suite 400 Naples, FL 34108 Direct Dial:239.344.1371 Direct Fax:239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs:www.swflbusinessandipblog.com • www.legalscoopswflre.com Henri :r . n F IZklIn CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes&Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the us the person(s)named above. If you are not the intended recipient,you are hereby notified that any review, dissemination, distribi. or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by rep mail and destroy all copies of the original message. From: Douglas Lewis<Doug@tilfirm.com> Date:Tuesday,January 26, 2021 at 1:06 PM To:Jeff Wright<Jeff.Wright@henlaw.com> Cc: Kendal Lotze<Kendal@ignitewireless.com>, FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: RE:AT&T Letter- Kapok St Cell Tower-Variance- PL20190002701 Thanks Jeff. I was not aware of that. Can you forward something from AT&T confirming that they are not going to ever use the 185 foot tall Frangipani Monopole tower? Odd that AT&T will never use that tower. I'm trying to understand the rationale. Will the AT&T FirstNet network not work because the Frangipani Monopole tower is 185 feet vs 250 feet tall? Why exactly does 185 feet vs 250 feet prevent use of the FirstNet network? Is it because a second tower would be needed to achieve an undefined target coverage area or is it because the needed equipment won't fit on a 185 foot tower or? Best, Doug i • From:Jeff Wright<Jeff.Wright@henlaw.com> Sent:January 26,2021 12:14 PM To: Douglas Lewis<Doug@tllfirm.com> Cc: Kendal Lotze<Kendal@ignitewireless.com>; FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject: Re:AT&T Letter-Kapok St Cell Tower-Variance-PL20190002701 Understood. I'm not aware that the 185'tower would be used by AT&T,no idea who is using that other tower, who/what they are targeting,what network they are using,or what users will eventually be on that tower.But it won't work for the AT&T FirstNet network. Thanks, Jeff Jeff Wright Attorney at Law Henderson, Franklin,Starnes&Holt,P.A. 8889 Pelican Bay Blvd.Suite 400 Naples, FL 34108 Direct Dial:239.344.1371 Direct Fax:239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs:www.swflbusinessandipblog.com •www.legalscoopswflre.com it ,F-1 �d s 'Frank!In ATY{�1ttt8Y5;A9''G��'d CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes&Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the u: the person(s) named above. If you are not the intended recipient,you are hereby notified that any review, dissemination, distribi. or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by rep mail and destroy all copies of the original message. From: Douglas Lewis<Doug@tllfirm.com> Date:Tuesday,January 26, 2021 at 12:04 PM To:Jeff Wright<Jeff.Wright u(u�henlaw.com> Cc: Kendal Lotze<Kendak ignitewireless.com>, FinnTimothy<Timothv.Finn@colliercountvfl.gov> Subject: RE:AT&T Letter- Kapok St Cell Tower-Variance- PL20190002701 Thanks Jeff. The drawing shows antiicpated coverage with the proposied Kapok tower(see the below picture). However, it does not separately identify the "target area"or the areas that are being targeted for service by either the Kapok or Frangipani towers. Also, the AT&T letter does not show the coverage area for the 185 foot tall Frangipani Monopole tower going in a mere street or two to the east. What is the diference in the coverage area in relation to the target area?Also, it would be helpful to hear from AT&T on some more detail on which first responders/governmental entities in Collier County, Florida will be utilizing the proposed Kapok tower and/or the 185 foot tall Frangipani Monopole tower and what type of governmental facilities will be located on the towers, if any. Best, Doug 2 { -• 'yeti`�3'• k.i ?"° �5s. i ` `t ^� '1^' 'F E " ,*` f 'S "r" a• '• e- . h y :.f. Csr-' T 7k .%,' ^ its• :14.aa A �� ...:::: :?'-.:?, .;,A, t1p? r�`" a f,u i lb• r, .� ''i' y '.'?� �. fi ww,y^`wa's 1' y"r Et ,,yy p f x'�xr+fir vc A -,.aY :P* - .G t rf - '"; w '.ays �„ :a" L4 'ros. vy, Y`' 4.. ,k; at,, G '" Ge,, ....f ra` x>. - ��y�`x4! . `- 5 Ce .e. 1'a * .2: •g? ' s'.1a: s ;'Z' r ks Via. F r �� fY4=�F.; �'�f � : R ,a. e � "£� � s � � sr.J3ss '� `` .. '; �' i$'a��,p'��?K. r`.icy w* ! p. YW« "F L z ua e: 'pia `w ss >x ,,, rt , ^m •' iiiiii I. ,S s� �rt ��a'�F- '�' �91 � � £ ,#r'�.$�> { �i..:&�d'� t;"� Lp,. -R'+��`�5�, �u'.. �. .^h�7. '+ � ��e.�.�«k'`> -�a'4t.o i �,.' t lv`� 'tot ,wr. ��° � � a ��fr � s � w a,�eta e �.�9�" "�:� .wr '�r i (¢ z ? sr .y x '' "mac a.-, rt`.a : 2 'fie i -.. t 'n ' bS.J ry,, ,x F ay x'k,' r' "r.. '.Y t,...4 y er a S , s 3 3 #:., , y �f .a `i� v+. b,,�5 � t r 4 � 'si r$f�^ .i, k «t.,,s r � � "$ � .e=,x,,y q. Y 8,,, `sR,...� ! "t 3 9V1!'Y ,R t XX+ y� it y �'S 6 f K . >%..,„' y ja.. T ' •qk f" } A '° 1 rY�'.�r —'•. +' '\ :C 9 5 -N er>< �, .11 zs,M a � • e b wz .tee u ° E a. [ , '{ > .L rr * .ka ',ar y�, "'ix,+' 5,-c, .L '-fi,i• .;;s .i .. 't'r*xr L .s :�`� ie W .' y $,a' e . �* a',�, >. �g` 'fi .. y�.4. ..� �` C t r wsrn' +r ?; ,�' #t �' �i Fx+ ! x:r .` w. n'" '4 S "�' '. :' ' M ``crop ''? s�'r "� "` . a,:;y w. ; tom"" •9 :- 4 f ` ,.L'�I n4•;ii', - m;, ^� tM1 '-''.'" �y, �•` ""°Y�� ,�1x�.R t-r. �!`� L.!.t..� ' j.:..lW, -y r S�Y'a F � ..,i.� ��d!'4 �..'ix .fir. K35 fv`iF tY � .i. t�' a^�^4 �; k 'e�a r.: ""�,« av '�'� � �F` ,pig �r� .§,��a-.�'-ar` ti;�s �. ��x'iw r �� R � �^v r w L '4 r + 3 Y'4' `� i. r `"f. 'fin '-.F E { � r � , r ,... '� �,k %, — .x° a ts.�§ c �' ia.sc; F. "yg. a+. to W !i .. .e L a ''' rnF t'A't,,t'"fi'"wp S,„ _< rs v :�„. y X r L - J :k.FS,vx'0 rs*11 + ,,, ' y.e, xs rl a"' ,t 1 q 1d¢ '' � �� f , , .gip_ .W „• xf x', 4,4 k a'f Y s. . t .{t 3 �'"i r i s .: ,:: ,� rt• ... it y .q. 3 ? .''i" 4' .: ,? . �,i aT I y`e F3,' ' r '3,r : ,."'NQ .} x� .,P5 +c t`E �' t, 4 X ro 'S .• rz�,,- F':,s',- "a� - ,, ` ....9 t, y. -,; # r f 'ty,<d d ,fix N}^` +r il�'Y+ .,, ¢ k ' y " . k r Fly, '`},,i. a ,.,n,�- y a .t. FF c .3.' - g a :*' paL'7 C ,+S a. R 3 a a•!'. , r;,,9. xt .y r .,� t-, ; k,s'`ir..;: i:7-4 v :!:,if �` y ..p,. . macaw [m:' , N ..., 'fat �� ... t �4�a.+r s, ' t � iF "a'� s t- .C.i,,,..x, .L'j}F7^6 `S" aW' *t r '. /• : 'ii „r ry t'4,1 z� l F i. 2 1.' 3 7. �re �d t�+ °�• ,1s� t' i ':' r k' '`;, .. s t �",: Ya t e` M,y�y:C<"i ° v} AA, g Cy�ta a. .a; ' at: :` ": �'R ,-' x T ; •• ,`�tTLc•E Y' •1 : K 'i ry .5 f R �°3 '3"9'-.-' ai p'k; s "�. ;. A,f' "A[ t„s, .. t , r''2:,l j.L' 14rilt '+ F' -'Me tO�> ?: f t S_'k]alfwYl` E s-' �' 7''•s,. ', Ne'. x4a ,ei y,, " < ;t, ,;•'- ,- r ..rt w. it'• } /*< r1 s- pn .,, a; ry r . e ♦. v'A G '4.,-. f ,6 .u1^, 5 '. r �, <; 1 r .; ' £i 2 'li''Cz`c r c 4 : #+4,.,y 3 'v s a ""S. P= ar. ; i R 4 ,:� e R ' t�'. l ar � a x a' y � y�a"C ier »'n r S": v4 y', .-3r.., 1 ;''�.p'.▪ •+.j^ �� ` .s . .- t +k,dF'} < ,. .% v i., #z 8: .t'r` ; b . ,'' r x + , v^4',. G y,att...s�' r1:. . m 1~r r g Lk4r14 e �.'M ' s.,��t,"n s.S E Y h i c t. w,'4..r '4 .. 'y .r' r .�. '4'.- i '# mrs s t, r '� Ji. 4 ,yF'' 'a 2i4 4- a"r i.71 �� c:�+x v .r. ", a''. 1 P-t L' i us`µ,-3s`v' �'i t'L �.. S . Rr .�,�£ ,�T sz 3 ( a'% i ,� - 1-.`�" 1as . .��'�., '��~ �'rr � t +'�`��aaJ C:i ;. E't�: " y i vt �Y $ '?. '�3�y q S'.-* ,';•Rn .,,�„' °-, t, ,''` 1.' ,� 'e:t''„A � � �� w�esr'��rAt�x"di�'�`�# t "b'� ,�•,#aF:c:. tR L i ,�-.�#- t�,�'t";A�"�' �' eve . k f err. '� � T .:�^ ' }'y'.. ^'E .ka �. t o .�' ,. f r � +1@ g+"7`"� •d g a t. t 4. Y S - .. .`, "'+S .r �.� �k�. ' G4e..+.,� 0. a a ��` i M fY�t i '. r a � .+, a a .;r „ �� c'r. 'ss iV' .� • x s i ,, t``� j'y�'w' S'.X`7 1. ;�, C "" '°2 s i`z s i- 3 X to `cr}�. , �y j " 7�'" ,'S: a.� � � � � � � y � � .. � e.. ; P s� 4 r'�h £'s s z� ter. �ti `s�^`.f� �' '� fl e, a,g.a - xs # 5 P `5r *` �ti yt �.ki A .�� .a fr r 3 a.eY. � '�,r ^ f, # Sfd fi ♦'Y. Q.,L C r' F r . . H `"rC s y.Y},s 3; t`y��+? "f ; ., ,. ^'Ik, "4 ,F 1^47 .iC_„ss;"„▪ 1' t"a..M,-:j;,�,'# n { : t,' -. a , F ;t:�,c S a y, .r a„ n . kor q fir v.. '+ - . hav}-i''r' a. •! ' ' } ,,. C t Y . A r'of E ,Y. § i 5 r ,.Et .s r.. C Y r S „� xm �,E.tr„� �,� +F fr � r {y�•,i��. T 'N4�tf,�t uea,a,, v :�t r x` b. ; � t -'s�'� .T "G,...: a '#a , vd .y Z 'i aA7 .tt 2 s ,t' s a.. t 'A% 1 >d i • 'St P.n�,� 4 .3 M t-Y.t.,F,�'i ;nt { ",'�+� ^a „' { ??, e „� '.. A t"v h 3 1..?"'�' ,` -i rL�' 4+c : v C j y,� .:' ;j.,-:sn ;• "'-',r "`�.' °K,2 i 4 ',,a .''i ',*-3x.C.j d a ib � �, '` �, ,:� s'� ts; s'^'3c,�" ,�`�:{< �{r}'ter` �r �, # :, -`, .��' ,�h" �' �,� r�x �5� ''m i y a +'�.c.. 5 i�;sr�i�«�� wrF:•Z'•*"'j�.j�' t � � ,.„1',."�•� S.. '1� '' ,c..- "',Y K '� � i v; "� N"��#X+• ri>`. ri. `4 s t 1'::. * "y u'.� a 't .. s b •.,S ,'a ,..'Zr' a r ''Y`it `: . t tR$ .rirait 't G a.. � ,'��* m h+�� .-.Y` r L' �� i#��5,p a .Fd'tk',,,,� t tC ,ar^ "� .r, t . � w �� p L tCy� ° a, rn,. z ,y s' ,a ''-dw -"R .i 7, m h ,�+ r F 5 > y.,M1 k J''la§:F, 4. R J ., X M& R, M1.. e' b , N E CCy''." ..,#, t'1'. a tx�1'r4 +y .f +,:, `L t A s ,ram. ..,4 w•w.. "�"'2 is :`.�7 s l,„M1_ ';' '. "�-' '.,1; c.p ' -rt• 1 [ , �4 .y. { 'C�- '"r'Ti' � 'x 5't r2 � 4'zs akl. lib,. 3 f« 'i, z.,L ,+t,`,' ' ' I 'M .;{„ ,--k "r' a.", Y^+`..rk - .,, :o I m #A C From:Jeff Wright<Jeff.Wright@henlaw.com> Sent:January 26,2021 11:53 AM To: Douglas Lewis<Doue@tllfirm.com> Cc:Kendal Lotze<Kendal@ignitewireless.com>; FinnTimothy<Timothv.Finn@ colliercountvfl.gov> Subject: Re:AT&T Letter-Kapok St Cell Tower-Variance-PL20190 • 002701 Target area is depicted on the map we provided. Jeff Wright Attorney at Law Henderson,Franklin,Starnes&Holt, P.A. 3 8889 Pelican Bay Boulevard,Suite 400 Naples, Florida 34108 Direct Dial:239.344.1371 Direct Fax:239.344.1508 ieff.wright@henlaw.com www.henlaw.com CONFIDENTIALITY STATEMENT Henderson, Franklin,Starnes&Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s)named above.If you are not the intended recipient,you are hereby notified that any review, dissemination,distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. To reply to our e-mail administrator directly, please send an e-mail to: administrator@henlaw.com Jeff Wright Attorney at Law Henderson, Franklin,Starnes&Holt,P.A. 8889 Pelican Bay Blvd.Suite 400 • Naples, FL 34108 Direct Dial:239.344.1371 Direct Fax:239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs:www.swflbusinessandipblog.com •www.legalscoopswflre.com I- �f ende 't iFrank i t Artotal@YS Ax'SN CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes& Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the us the person(s)named above. If you are not the intended recipient,you are hereby notified that any review, dissemination, distribi or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by rep mail and destroy all copies of the original message. 4 • On Jan 26,2021,at 11:48 AM, Douglas.Lewis<DougL tllfirm.com>wrote: Thanks Jeff. The letter from AT&T does say that the 185 foot tall Frangipani Monopole tower (going in a mere street or two to the east) is less than the 200 foot height needed to service the target area (however, the target area is not defined in the letter). AT&T should be able to provide a map of the target area, as such would be needed to make this statement. Agreed? The letter from AT&T is a bit confusing as it does not clearly opine (albeit, the suggestion is there) that there will be a service gap for the target area once the 185 foot tall Frangipani Monopole tower is operational. AT&T should be able to forward a map of the target area and also the coverage area for the 185 foot tall Frangipani Monopole tower as it appears to me that such comparison would be needed to form an opinion on possible service gaps. Let me know your thoughts and thanks for chasing this down. Also, it would be helpful to hear from AT&T on some more detail on which first responders/governmental entities in Collier County, Florida will be utilizing the proposed Kapok tower and/or the 185 foot tall Frangipani Monopole tower and what type of governmental facilities will be located on the towers, if any. Best, Douglas A. Lewis Douglas A. Lewis, For the Firm <image003.jpg> <image004.png> <image005.png> <image006.png> 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile: (239)307-4839 E-Mail:doue tIlfirm.com Website:www.tllfirm.com Linkedln Profile Link: httos://www.linkedin.com/in/douglasalewis http://www.martindale.com/Douelas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attornevs/34108-fl-douglas-lewis-1250057.htm I Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process.and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away. We wish everyone good health and safety through this challenging time. 5 Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming Information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1) avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From:Jeff Wright<leff.Wright@henlaw.com> Sent:January 26,2021 10:55 AM To: Douglas Lewis<Dout;@tllfirm.com> Cc: Kendal Lotze<Kendaft lgnitewireless.com>; FinnTimothy<Timothy.Finnc colliercountvfl.gov> Subject:Re:AT&T Letter-Kapok St Cell Tower-Variance-PL20190002701 Good morning Doug— am not aware of any such map,and I'm not certain AT&T would be able to prepare/provide this information given the limited time before the hearing and limited information on the Frangipani site. If so,we will provide it to you. Thank you, Jeff Jeff Wright CEP Board-Certified Attorney at Law ii:j Henderson, Franklin,Starnes&Holt,P.A. 8889 Pelican Bay Boulevard,Suite 400 Naples, Florida 34108 Direct Dial:239.344.1371?s Direct Fax: 239.344.1508 ieff.wriaht@henlaw.comisV www.henlaw.com <image001.jpg> <image002.png> CONFIDENTIALITY STATEMENT 5 p1s p. Henderson,Franklin,Starnes&Holt,P.AarisViThe information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient,you are hereby notified that any review,dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.[sk j 6 • To reply to our e-mail administrator directly, please send an e-mail to: administrator@henlaw.com Jeff Wright Attorney at Law Henderson, Franklin,Starnes&Holt, P.A. 8889 Pelican Bay Blvd.Suite 400 Naples,FL 34108 Direct Dial:239.344.1371 Direct Fax:239.344.1508 Jeff.Wright@henlaw.com www.henlaw.com Blogs:www.swflbusinessandipblog.com •www.legalscoopswflre.com CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes&Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only fc the person(s)named above. If you are not the intended recipient,you are hereby notified that any review, dissemination or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sende mail and destroy all copies of the original message. From: FinnTimothy<Timothy.Finn@colliercountvfl.gov> Date:Tuesday,January 26, 2021 at 8:36 AM To: Kendal Lotze<Kendal@Ignitewireless.com>,Jeff Wright<Jeff.Wright@henlaw.com> Cc: Douglas Lewis<Doug@tllfirm.com> Subject: FW:AT&T Letter-Kapok St Cell Tower-Variance- PL20190002701 Hi Kendal, Can AT&T provide a document that Douglas is requesting below in regard to the Frangipani tower? Thank you From:Douglas Lewis<Doug@tllfirm.com> Sent:Monday,January 25,2021 5:09 PM To: FinnTimothy<Timothy.Finnt colliercountvfl.gov> Subject: RE:AT&T Letter-Kapok St Cell Tower-Variance-PL20190002701 EXTERNAL EMAIL This erfi�il is from,°an external source Confirm° fits is atrusted sender and use. #� .. .3 ..,,� ..... t_...._. ... exiirertre caution v*hehppening attac rnepts or clicking„links; A tower that is 185 feet tall (per PL20200000886) going in a mere street or two to the east, and it is not depicted on AT&T's coverage map. A SDP application is being processed for a Frangipani Monopole tower. AT&T states in its letter"AT&T is aware of another tower being proposed in the vicinity,but the available height on that tower is below the minimum 200' heigh needed to serve the target area ..." In view of the forgoing statement being made by AT&T, can AT&T provide an updated coverage map depicting the target area that will be served by the 185 foot tall Frangipani Monopole tower? Best, Douglas A. Lewis Douglas A. Lewis,For the Firm <image009.jpg> <image010.png> <image011.png> <image012.png> 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile:(239)307-4839 E-Mail:doug@tlIfirm.com Website:www.tllfirm.com LinkedIn Profile Link: httos://www.linkedin.com/in/douglasalewis htto://www.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.awo.cam/attorneys/34108-fl-douglas-lewis-1250057.html Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away. We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to(1)avoid penalties imposed under the Internal Revenue Code or(2) 8 support the promotion or marketing of any transaction or matter.This legend has been affixed to comply with U.S.Treasury Regulations governing tax practice. From:Douglas Lewis Sent:January 25,2021 4:19 PM To: FinnTimothy<Timothy.Finn@colliercountyfl.gov> Subject:RE:AT&T Letter-Kapok St Cell Tower-Variance-PL20190002701 Thank you. Best, Douglas A. Lewis Douglas A.Lewis,For the Firm <image009.jpg> <image010.png> <image011.png> <image012.png> 850 Park Shore Drive Suite 201-A Naples, Florida 34103 Direct Dial Phone: (239)316-3004 General Office Phone:(239)316-3006 Facsimile: (239)307-4839 E-Mail:doue@tllfirm.com Website:www.tllfirm.com Linkedln Profile Link: https://www.linkedin.com/in/douglasalewis http://wvvw.martindale.com/Douglas-A-Lewis/1419349-lawver.htm http://www.avvo.com/attorneys/34108-fl-douglas-lewis-1250057.htm l Licensed to practice law in Florida, Texas and Washington DC Pursuant to county and state health mandates and until further notice, our firm will be operating remotely. Office visits by appointment only. Please call or email to schedule first.We are working hard to serve each of you;however,you may experience some delay in our response as we adjust schedules to accommodate state and local guidelines. Our primary communications.will be via email and telephone. We will continue to work on matters and process and close transactions as required and/or permitted.For clients that have upcoming real estate closings,signing dates and times will be scheduled with the assigned paralegal and will be facilitated outside the office in the breezeway or via mail away. We wish everyone good health and safety through this challenging time. Thompson Lewis Law Firm,PLLC does not send nor receive wire instructions via email without confirming information via reciprocating telephone calls or direct person to person contact. Under no circumstances should you send any funds to any party without first calling Thompson Lewis Law Firm, PLLC at 239-316-3006 and verifying the accuracy of wire instructions provided to you. Both Douglas A. Lewis and the Thompson Lewis Law Firm, PLLC intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you 9 have received this communication in error,please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239)316-3006. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used,to (1)avoid penalties imposed under the Internal Revenue Code or(2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. From: FinnTimothy<Timothv.Finn@colliercountyfl.gov> Sent:January 25,2021 10:52 AM To: Richard Smith<seasmith442002@gmail.com>; Luisa Soler<Isoler999@gmail.com>;Frangipani Ag Community Civic Association<facca34117@grnail.com>;Douglas Lewis<Doug@tllfirm.com>; Mikebfishv@aol.com;Dave Sherf<das027@gmail.com>;Tom Barber<tom.barber@abbinc.com> Subject:AT&T Letter-Kapok St Cell Tower-Variance-PL20190002701 Hi all, Attached please find the AT&T letter.This will be added to the backup materials for the Hearing Examiners review. Please note that the HEX Hearing date for this petition is 2-11-21. Timothy Finn, AICP Principal Planner <image013.jpg> Zoning Division NOTE:New Email Address as of 12109/2017: Timothv.Finn@colliercountyfl.gov 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at htto://bit.ly/CollierZoning. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. io