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HEX Final Decision 2021-23Page 1 of 4 HEX NO. 2021-23 HEARING EXAMINER DECISION DATE OF HEARING. June 10, 2021 PETITION. PETITION No. VA-PL20200001291 - Request for an after-the-fact variance from Section 4.02.01.A., Table 2.1, of the Collier County Land Development Code to reduce the minimum side yard setback from 7.5 feet to 7.35 feet for a single family dwelling and to reduce the minimum front yard setback from 25 feet to 21.69 feet for the attached covered entrance and to 19.69 feet for the roof overhang, for property located on Lot 82, Isles of Capri No. 1, also described as 41 Pelican Street West, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. Two after-the-fact Variances to allow for the continued existence of a permitted covered entry and existing principal structure. The entry encroaches 3.31 feet into the required 25-foot front yard and the roof overhang encroaches an additional 2 feet. The permitted principal structure encroaches 0.15 feet into the required 7.5-foor east side yard. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in-person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial Public Hearing Waiver related to conducting the public hearing electronically and in-person. Page 2 of 4 5. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner’s representative, and then public comment. There were no objections to the Petition at the public hearing. Numerous neighbors submitted “no objection” letters and some had personalized comments to show support for the requested variances. 6. The County’s Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner may grant, deny, or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.1 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, there is no land-related hardship. There are no special conditions or circumstances peculiar to the location, size and characteristics of the structure or building involved. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? Yes, the subject residence was severely impacted by Hurricane Irma which necessitated repairs. The front entry was added to make the structure more architecturally appealing. The front yard encroachment issue was not identified until after the structure had been constructed. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes, modifying the existing front entry to comply with the required setback would be cost prohibitive and force the entry to be removed. The side yard encroachment does not require a variance; however, it provides for clear title in the event of future sale. 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the subject Variances, if granted, are the minimum required to satisfy both the front and side yard encroachment issues. 5. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? 1 The Hearing Examiner’s findings are italicized. Page 3 of 4 Yes, by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case-by-case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes, the general purpose and intent of the LDC for residential single-family zoned districts is to promote lands for single-family housing in areas of low density. The requested Variances will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health and welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No; however, the front entry improves the appeal of the subject residence thereby enhancing the character of the neighborhood. 8. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County’s staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number VA-PL20200001291, filed by Brian J. Cox, with respect to the property described as 41 Pelican Street West and is legally described as Lot 82, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida, for the following: • Two after-the-fact variances to reduce the minimum side yard setback from 7.5 feet to 7.35 feet for a single-family dwelling and to reduce the minimum front yard setback from 25 feet to 21.69 feet for the attached covered entrance and to 19.69 feet for the roof overhang for the benefit of the subject location. Said changes are fully described in the Construction Plan and Boundary Survey attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Construction Plan and Boundary Survey LEGAL DESCRIPTION. 41 Pelican Street West and is legally described as Lot 82, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. ipd.2.1.(........„._ June 22. 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 4 of 4 EXHIBIT “A” 1 OF 2 16-004296-2 41 PELICAN STREET W, NAPLES, FLORIDA 34113 8/20/2020 BY PERFORMING A SEARCH WITH THE LOCAL GOVERNING MUNICIPALITY OR WWW.FEMA.GOV, THE PROPERTY APPEARS TO BE LOCATED IN ZONE AE (WITH A BASE FLOOD ELEVATION OF 8.00 FT). THIS PROPERTY WAS FOUND IN COLLIER COUNTY, COMMUNITY NUMBER 120067, DATED 05/16/12. 08/20/2020 J.G. JOHN IBARRA 5204 16-004296-2 41 PELICAN STREET W, NAPLES, FLORIDA 34113 LOT 82, ISLES OF CAPRI NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 41, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.8/20/2020 BRIAN J. COX N89°19'00"W 70.00'S00°41'00"W115.00'S89°19'00"E 70.00'N00°41'00"E115.00'F.I.R. 5/8" NO ID F.I.R. 5/8" NO ID F.I.R. 1/2" NO CAP O/S 0.3' SOUTH 0.5' WEST ONE STORY RES. # 41 LOT - 81 LOT - 82 LOT - 83 LOT - 84 POMPANO BAY (N.A.P)30.00'30.00'F.I.R. 5/8" NO ID U.P. ////XXXXXXXXXW.M. CABLE BOX W B.O.B. 20' ASPHALT PVMT. ± 4' PWY LC PELICAN STREET W 60' TOTAL RIGHT-OF-WAY S89°19'00"E LC 0.59' ENCR 0.91' ENCR 4' C.L.F. 5' C.L.F.0.15' ENCR//0.15' CL31.45'24.40'32.10'1.70'11.50'1.70'11.50'24.40'11.95'2.00'11.70'2.00'7.5' 7.5'7.35' 7.4'26.7'26.95'63.65'C.P. C.S. A/C PAD PAVERS C.S.POOL PUMP A/C PAD CONC. SLABLANAI POOL CONC. POOL DECK SCREEN COVERED POOL C.S. CONC. DRIVEWAY CONC.RETURN(A) 45.00' P.C. F.I.R. 5/8" NO ID (C) (B) ENCROACHMENT NOTES: A.SOUTH SIDE OF THE SUBJECT PROPERTY, CONCRETE RETURN IS ENCROACHING INTO THE RIGHT OF WAY OF PELICAN STREET W. B.EAST SIDE OF THE SUBJECT PROPERTY, CHAIN LINK FENCE IS ENCROACHING INTO THE NEIGHBOR'S PROPERTY. C.NORTH SIDE OF THE SUBJECT PROPERTY, NEIGHBORS CHAIN LINK FENCE IS ENCROACHING INTO THE SUBJECT PROPERTY. (B)O-HC.P. COLUMNS 21.69' GRAPHIC SCALE -20 0 10 20 (IN FEET) 1 INCH = 20 FEET J.G. (REV.2 10/22/2020) (REV.2 8/26/2020) (REV.1 8/25/2020)