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HEX Final Decision 2022-05Page 1 of 6 HEX NO. 2022-05 HEARING EXAMINER DECISION DATE OF HEARING. January 27, 2022 PETITION. Petition No. VA PL20210001771 - Variance request from Land Development Code Section 4.02.01 to reduce the required rear yard setback of 75-feet to 20 feet for a guest house in the Estates Zoning District located at 6761 Sable Ridge Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The purpose of this petition is to request a 55’ reduction from the northern rear yard setback, 75- foot requirement to 20-feet, for a proposed guest house. 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. 5. The applicant sent a notification letter by mail on September 29, 2021, to nine property owners within 150 feet of the subject site. Public notice was provided about the January 27, 2022 , Hearing Examiner Hearing by posting of a public hearing notice sign on the property, mailing of notices to owners within 1,000 feet of the subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing. Page 2 of 6 6. The County Staff presented the Petition followed by the Petitioner and/or Petitioner’s representative, public comment and then rebuttal by the Petitioner and/or Petitioner’s representative. There were no objections at the public hearing. 7. 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 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 evidence and testimony from the public hearing reflects that the existence of the baseball diamond creates a unique challenge on the property to preserve the sports facility while fulfilling a need for a second residence to house the property owner’s mother. This diamond is utilized frequently by the property owner and their young children for both recreation and as part of their homeschooling for safe training and physical education during the COVID-19 pandemic. Further due to the COVID-19 pandemic, the owners would feel much safer having an aging family member living on the property, so this guesthouse is proposed to be constructed for the property owner’s mother so that she may live with the family while retaining independence. The use of a variance for a 20’ rear setback will allow for the care of a family member while not disrupting the children’s use of the baseball diamond as part of physical education and socialization. The position of the home and baseball field creates a problem to add an additional guest house. The home sits approximately 190’ back from the Sable Ridge Lane easement. The first 75’ is the required setback and then most of the remaining front yard is occupied by a septic system and the drain field. In the backyard the home has a deck and pool area as well as an entire regulation sized baseball field. 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 evidence and testimony from the public hearing reflects that the applicant purchased the property with the home with a partial baseball diamond already erected on the property with partial clearing as well, as can be seen in historic aerials prior to 2018. This was not done with a future guest house in mind, thus when the sports field was completed so that full games could be played, it reached further back than the currently required rear yard setback for structures. A portion of the baseball field was completed by a prior owner; however, the current owners did expand it and now need a variance to allow the proposed guest house behind the baseball diamond. 1 The Hearing Examiner’s findings are italicized. Page 3 of 6 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 evidence and testimony from the public hearing reflects that the existing required rear yard setback of 75’ creates a difficult situation in which a sufficiently sized accessory dwelling cannot be constructed on the property while preserving the functionality of existing sports facilities located on the property utilized in the children’s schooling. Placing a guest house in conformance with the rear setback per the zoning code is a practical difficulty if the baseball field and deck location are to remain as currently positioned on the property. 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 evidence and testimony from the public hearing reflects that it will allow for the construction of an accessory dwelling with approximately a 1,010 square foot footprint while not interfering with recreational uses on the property. The accessory dwelling will be constructed approximately 15’ North of the end of the baseball field, providing a small necessary landscaping buffer between the residence and sports facility. This allows for a 20’ rear yard to the property line. The distance from the rear property line to the existing dwelling on the property to the North of this parcel is approximately 375’. The variance if granted will be the minimum required to allow for the guest house to be included and will not be detrimental to health, safety, and welfare. North Collier Fire Control and Rescue District has no objection to this variance if the condition listed below is approved. The Proposed house does not have a car driveway access it will only have a pedestrian golf cart access. Therefore, the fire department and the applicant have agreed that the guest house will have a fire sprinkler system. 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? The record evidence and testimony from the public hearing reflects that other properties in the zoning district may construct an accessory dwelling while retaining a useful recreational space on the property if so desired. Some adjacent properties have accessory dwellings which were able to fit on the property without disrupting the use of the property. The guest house will be compliant with LDC 5.03.03. in that it will not be utilized for commercial purposes, and it meets the site standard requirements. The subject property is larger than 43,560 square feet, the lot width is greater than 105 feet, the guest house floor area will not exceed 40% of the enclosed living area of the principal dwelling, and it will be further than 20 feet from the principal dwelling. Page 4 of 6 By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested reduced rear yard setback. 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 evidence and testimony from the public hearing reflects that the granting the variance will not be injurious to the neighborhood or detrimental to public welfare, there will be a setback behind the dwelling of 20’ along with large approximately 65’ side yards. Letters of no objection from the neighboring property owners have been included in this application to show that no neighboring property owner feels that granting this variance will be harmful to the community. Should the variance be granted, it will increase public welfare by allowing the children and family to retain their recreational field for baseball games in their back yard and to enhance their education while also permitting an aging family member to live safely on the property while retaining independence. The LDC generally intends to allow for the types of structures and improvements that are subject of this Variance request. Six letters of no objection from neighboring homeowners have been provided, letters from the north, east, and west properties. 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 evidence and testimony from the public hearing reflects that a baseball field that reaches the currently required building setback for rear yard prevents construction of a guesthouse respecting the setbacks without disrupting a frequently used facility by the owner’s family for educational and recreational purposes. A professional trainer also utilizes the field for lessons with the owner’s family as part of guided physical education for the students that can be completed safely during the current pandemic. The property to the north and northwest have a pond between the proposed guest house location and the neighboring home’s location. In addition, there is vegetation surrounding the guest house location that will ameliorate any potential noise or visual impacts. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that this variance will be consistent with the Growth Management Plan. It does not interfere with the density standards set forth in the GMP for the Estates designation in the Urban Golden Gates Estates Sub-Element and the Golden Gate Area Master Plan. Residential density is limited to a maximum of one unit per 2.25 gross acres exclusive of guesthouses, and this is retained Page 5 of 6 in the variance. The GMP is silent to the issuance of a variance application and therefore the granting of the variance will not be inconsistent with the GMP. 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 No. VA-PL20210001771, filed by Jessica Klutz of Davidson Engineering, representing Dennis & Amanda Weinman, with respect to the property described as 6761 Sable Ridge Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida, for the following: • A variance from Section 4.02.01, of the Collier County Land Development Code (LDC) to reduce the minimum rear yard setback on the north side from 75 feet to 20 feet for a proposed guest house. Said changes are fully described in the Concept Plan attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Concept Plan LEGAL DESCRIPTION. 6761 Sable Ridge Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. Guest house will need to be equipped with a fire sprinkler system subject to a field inspection. 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 Page 6 of 6 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. ________________________ ____________________________________ Date Andrew Dickman, Esq., AICP Hearing Examiner EXHIBIT “A” SABLE RIDGE LN4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET NO:REVISIONSDATEREV.DESCRIPTIONCONCEPT PLAN1" = 40'SCALE:NSABLE RIDGE LN-WEINMAN