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HEX Final Decision 2022-29HEX NO. 2022-29 HEARING EXAMINER DECISION DATE OF HEARING. June 23, 2022 PETITION. Petition No. NUA PL20210002953 - Request for a non -conforming use alteration pursuant to Land Development Code (LDC) Section 9.03.03.B.4 to allow the replacement and expansion of a residential structure. The subject property is located at 1006 Ridge Street lots 57 & 59 of Rosemary Heights Addition in Section 22, Township 49 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The petitioner requests a non -conforming use alteration (NUA) to allow the replacement and expansion of the second residential dwelling unit on the subject property, which comprises 0.31 ± acres within the Residential Single Family (RSF-4) zoning district. The subject NUA is to replace an existing dwelling unit with a new one that will meet the current setback requirement and Florida Building Code Requirements. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 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. 5. A Neighborhood Information Meeting (NIM) is not required for a Nonconforming Use Alteration. Public notice was provided about the June 23, 2022, Hearing Examiner Hearing by posting of a public hearing notice sign on the property, mailing of notices to owners within Page 1 of 5 500 feet of the subject site, and publication of a newspaper advertisement at least 15 days prior to the hearing. 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 Code Section 9.03.03.B.5.a. through f. lists the criteria for a non -conforming use alteration. The Hearing Examiner may approve a non -conforming use alternation based on the following standards, as applicable.1 1. The alteration, expansion, or replacement will not increase the density of the parcel or lot on which the nonconforming single-family dwelling, duplex, or mobile home is located. The record evidence and testimony from the public hearing reflects that the proposed replacement dwelling unit is for single-family use and will not increase the density of the lot. 2. The alteration, expansion, or replacement will not exceed the building height requirements of the district most closely associated with the subject nonconforming use. The record evidence and testimony from the public hearing reflects that the building height in the RSF-4 District is 35 feet for principal structures; no departure from the height is being requested or recommended for approval, thus the building height requirements will not be exceeded. 3. The alteration, expansion, or replacement will not further encroach upon any nonconforming setback. The record evidence and testimony from the public hearing reflects that this petition will not allow a yard encroachment and meets all the setbacks for the current RSF-4. The requirement for the RSF-4 district are as follows and the proposed building meets the following criteria: Required Front — 25 feet Proposed/Provided Front -66 Side — 7.5 feet Side — 8 feet East Rear- 25 feet Rear — 26 feet 'The Hearing Examiner's findings are italicized. Page 2 of 5 4. The alteration, expansion, or replacement will not decrease or further decrease the existing parking areas for the structure. The record evidence and testimony from the public hearing reflects that a reduction in parking requirements has neither been sought nor has any action regarding this issue been addressed as part of this petition. 5. The alteration, expansion, or replacement will not damage the character or quality of the neighborhood in which it is located or hinder the proper future development of the surrounding properties. The record evidence and testimony from the public hearing reflects that the existing dwelling unit has existed in its present location since 1971. Although the replacement single family residence will be a larger footprint and two stories instead of one story, approval of this NUA will not cause any greater damage to the character or quality of the neighborhood than may already exist. Many residences in this neighborhood have structures on their properties that would not meet minimum requirements today because these structures were approved and built with previous versions of the Land Development Code. Some examples of parcels with multiple residential structures include 1317 Ridge Street, 1221 Ridge Street, 1236 Rosemary Lane, 1224 Rosemary Lane. 1208 Rosemary Lane, and 928 Rosemary Lane. The current and proposed structure will not damage the character or quality of the neighborhood. Numerous "no objection " letters from the adjacent neighbors/property owners were presented as part of the record. 6. Such alteration, expansion, or replacement will not present a threat to the health, safety, or welfare of the community or its residents. The record evidence and testimony from the public hearing reflects that the subject's nonconforming structure will not present a threat to the health, safety, or welfare of the community or residents. Further, the new building will meet all new Florida Building Codes that are required since the original building was built in 1971, creating a safer building that is less likely to cause damage in the place of a storm. 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 9.03.03.B.5.a through f. of the Land Development Code to approve this Petition. DECISION. The Hearing Examiner hereby APPROVES Petition Number NUA-PL20210002953, filed by Zachary W. Lombardo, Esq. of Woodward, Pires, Lombardo, P.A., with respect to the property Page 3 of 5 described as 1006 Ridge Street, approximately 400 feet east from the intersection of Tamiami Trail North (US 41) and Ridge Street, lots 57 and 59 of the Rosemary Height Addition, in Section 22, Township 49 South, Range 25 East, Collier County, Florida, for the following: • A non -conforming use alteration (NUA) to allow the replacement and expansion of the second residential dwelling unit. Said changes are fully described in the Proposed Site Plan attached as Exhibit "A" and is subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Proposed Site Plan LEGAL DESCRIPTION. 1006 Ridge Street, approximately 400 feet east from the intersection of Tamiami Trail North (US 41) and Ridge Street, lots 57 and 59 of the Rosemary Height Addition, in Section 22, Township 49 South, Range 25 East, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This scope of this NUA is limited to the footprint and configuration provided on the proposed site plan attached as Exhibit "A". 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. Page 4 of 5 RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 EXHIBIT "A" NOTE: CROWN OF ROAD ELEVATION = 14.17' (NAVD88) FIR 5/8'—LB 6569 LOT 55 FIR 5/8--NO (OR 4377. PG 2460) (IMPROVED) 0 10' 20' 40' SCALE: I" = 20' THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS RIDGE ST () ASPHALT RIGHT—OF—WAY) ROSEMARY HEIGH (PB 2, PG 83) SMN—BENCHMARK ELEV.=12.56' (NAVE) 88) FIR 5/8--LB 6569 LOT 61 FIR 5/8--LB 6569, OAT W NE CORNER OF OR 355, PG 149 ROSEMARY ST PROPERTY DESCRIPTION LOT 57 AND LOT 59, ROSEMARY HEIGHTS ADDITION. AS RECORDED IN PLAT BOOK 1, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, 1983 DATUM WITH 2O11 ADJUSTMENT OBTAINED UTILIZING RTK CPS OBSERVATIONS ON THE FOOT NETWORK AND REFER TO THE SOUTH RIGHT-OF-WAY OF RIDGE ST. AS BEING N BT16'24" E. 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF ABSTRACT OF TITLE AND MAY BE SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTIONS OF RECORD. ALL MATTERS OF TITLE SHOULD BE REFERRED TO AN ATTORNEY AT LAW. 3. THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE X, HAVING NO BASE FLOOD ELEVATION, PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP III 12021C 0391 H, DATED 5/16/2012. 4. CERTAIN FEATURES REPRESENTED BY SYMBOLS MAY NOT BE SHOWN AT THEIR TRUE LOCATION AND/OR SCALE IN ORDER TO BE ABLE TO DEPICT THEM ON THIS MAP. 5. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. ELEVATIONS SHOWN HEREON ARE REFERENCED TO NORTH AMERICAN VERTICAL DATUM OF 1988. SOURCE BENCHMARK IS BM P 416. 6. THIS SURVEY DOES Q ADDRESS ANY ENVIRONMENTAL CONCERNS, ENDANGERED WILDLIFE OR JURISDICTIONAL WETLANDS, IF ANY, EXCEPT AS SHOWN ON THIS SURVEY. 7. THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED HEREON. 'T IS NOT A CERTIFICATION OF TITLE, ZONING, SETBACKS, OR FREEDOM OF ENCUMBRANCES. B. THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR THE DIGITAL SIGNATURE AND DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER. NO ADDITIONS OR DELETIONS TO THIS SURVEY MAP ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE SIGNING PARTY. 9. UNLESS OTHERWISE NOTED. BELOW GROUND UTILITIES AND FOUNDATIONS WERE NOT LOCATED FOR THE PURPOSES OF THIS SURVEY 10. BY SIGNING BELOW I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 5J-17,051, F.A.C. PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. 11. THE PURPOSE OF THE SURVEY 15 TO SHOW THE PROPOSED BUILDING AS PROVIDED BY THE CLIENT IN RELATION TO THE EXISTING IMPROVEMENTS. 11. DATE OF LAST FIELD WORK: 1/22/2022. LEGEND FIR O FOUND IRON ROD WF WOOD FENCE 9R * SET 5/B" IRON ROD r/ CAP LB 5151 CLF CHAIN LINK FENCE SUN ♦ SET WO NAIL C3 CATCH BASW FDH FOUND DRILL HOLE IRV ® IRRIGATION VALVE OR OFFICIAL RECORDS BOOK 93 YARD DRAIN PB PUT BOOK WOOD UTILITY POLE PG PAGE ® WATER METER LB LICENSED "NESS Q TELEPHONE BDX/RISER PSM PROFESSIONAL SURVEYOR AND MAPPER CD O CLEANOUT A/C AIR CONDITIONING UNIT '* LIGHT POLE CONC. CONCRETE G MAILBOX NAVE) 88 NORTH AMERICAN VERTICAL DATUM OF 1988 ? • SOAK TREE SETBACKS SQUARE FOOTAGE BUILDING & LAM 1.867 PRINCIPLE BUILDING SETBACKS WOOD DECK 87 AS TAKEN FROM COLLIER BRICK PAVERS 3.533 COUNTY ZONING RSF-4. CONCRETE PADS 138 SHED 49 FRONT YARD: 25' PROPOSED BUILDING 1,772 SIDE YARD: 7.5' IMPROVEMENT TOTAL 7.446 REAR YARD: 25' LOT AREA 13,500 REVISION: 04/28/2022 CHANGED SIZE OF PROPOSED BUILDING REVISION: 03/21/2022 ADDED PROPOSED BUILDING TO SURVEY 0. Grady Ailnor and Associates, P.A. GradyMinor 3800 Vie Del Rey Bonita Springs. Florida 34134 Civil Engineers . Land Surveyors . Planners . Landscape ArchitLris cm .r AOla RB000.51Ci1 Crrt oLUna 1,110005151 IlnMarsv LC 26000266 Bonita Springs: 239!147.1144 www.GradyMInor.com Fo11 AIyrO:a 2311690.4380 BOUNDARY SURVEY w/ PROPOSED BUILDING 1006 RIDGE ST NAPLES FL 34103 LYING IN SECTION 22. TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY. FLORIDA DRAWN BY: TJD I CHECKED BY: TJD n N JOB CODE: 1008R5 N N SCALE: 1"=20' o N DATE. 24 JANUARY 2022 y FILE 22.23SP SHEET 1 of 1 U w DATE sAvuD o T114iWlyby a. • TimothyJ D. Lkvnn, a J P.sM D'ate:20320438 .19N7I/lr1 VENOMP,S.M ADP 711E Al4M �j