HEX Final Decision 2021-38 HEX NO. 2021-38
HEARING EXAMINER DECISION
DATE OF HEARING.
August 26,2021
PETITION.
PETITION NO. VA PL20210000256 -Request for an after-the-fact variance for a principal
structure from LDC Section 4.02.01.A, Table 2.1, to decrease the principal structure rear
setback from 25 feet to 18.6 feet, and LDC Section 4.02.01.D.8, to increase the permissible
principal structure roof overhang into setback from 3 feet to 8.4 feet, and a variance for an
accessory porch from LDC Section 4.02.03.D, to decrease the accessory structure rear
setback from 10 feet to 3.75 feet, for an existing legal nonconforming single-family residence
located at 2617 Longboat Drive, also known as Parcel No. 27, Coconut River Unit 1, in
Section 35, Township 49 South, Range 25 East, Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
An after-the-fact Variance to allow for the continued existence of a one-story single-family
residence that presently encroaches 6.4 feet into the required 25-foot rear yard; the roof overhang
encroaches an additional 2-feet into said yard. Additionally, the petitioner seeks to re-build a
dilapidated porch that encroaches 6.25 feet into the required 10-foot rear yard accessory structure
setback. Ultimately,the homeowner desires to maintain their property and cure the existing setback
issues.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 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 1 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.
6. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant,deny or modify
any request for a variance from the regulations or restrictions of the Collier County Land
Development Code.'
1. Are there special conditions and circumstances existing,which are peculiar to the location,
size and characteristics of the land, structure or building involved?
The record from the public hearing reflects that 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?
The record from the public hearing reflects that the applicant purchased this home
unbeknownst the rear yard encroachment issue. The encroachment was made known when
the new property owner desired to maintain their property by replacing a dilapidated
screen enclosure.
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?
The record from the public hearing reflects that the home was purchased as-is. The
homeowner only wants to replace the existing aging screen enclosure to improve their
home, both structurally and aesthetically.
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?
The record from the public hearing reflects that the subject Variance, if granted, is the
minimum required to satisfy the existing rear yard encroachment issues. The proposed
porch is to replace one that has become unsafe as the decking is starting to rot; the new
porch would be constructed to code and be safe.
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 2 of 4
The record from the public hearing reflects that 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?
The record from the public hearing reflects that 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 Variance will be in harmony with the general intent
and purpose of the Land Development Code and will not harm public safety, health and
welfare.
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.?
The record from the public hearing reflects that the subject property abuts a wide canal
which provides roughly 20 feet of additional bank area; said canal is located within the
City of Naples.
8. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
The record from the public hearing reflects that 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 the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20210000256, filed by William
Burke of TEC Construction & Development, representing Theordore and Susan Swanson, with
respect to the property described as 2617 Longboat Drive, Parcel No. 27, Coconut River Unit 1,
in Section 35, Township 49 South, Range 25 East, Collier County,Florida, for the following:
• An after-the-fact variance from Section 4.02.01.A, Table 2.1, of the Land Development
Code (LDC)to decrease the principal structure rear yard setback from 25 feet to 18.6 feet,
Page 3 of 4
and LDC Section 4.02.01.D.8,to increase the permissible principal structure roof overhang
into setback from 3 feet to 8.4 feet,and a variance for an accessory porch from LDC Section
4.02.03.D, to decrease the accessory structure rear setback from 10 feet to 3.75 feet, for an
existing legal nonconforming single-family residence.
Said changes are fully described in the Boundary Survey attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Boundary Survey
LEGAL DESCRIPTION.
2617 Longboat Drive, Parcel No. 27, Coconut River Unit 1, in Section 35, Township 49 South,
Range 25 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.
.2..g.-.L.—..---
September 24, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
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