HEX Agenda 09/08/2022Collier County Hearing Examiner Page 1 Printed 8/31/2022
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
September 8, 2022
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
Andrew.Youngblood@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.
September 2022
Collier County Hearing Examiner Page 2 Printed 8/31/2022
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. Petition No. BDE-PL20210002702 - 152 Heron Avenue - Request for a boathouse to be
constructed upon or simultaneously with a single-family dock facility, pursuant to Section
5.03.06.F. of the Collier County Land Development Code, at 152 Heron Avenue, also known
as Lot 21, Block T, Conner’s Vanderbilt Beach Estates Unit No. 3, in Section 29, Township
48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior
Planner] Commission District 2
B. Petition No. VA-PL20220003470 - 741 93rd Avenue North - An after-the-fact variance
request from Section 4.02.01.A, Table 2.1, of the Collier County Land Development Code
(LDC), to reduce the minimum side yard setback from 7.5 feet to 6 feet on the west and
from 7.5 feet to 5 feet on the east, and to allow for the further encroachment of a 2-foot roof
overhang on both sides pursuant to LDC Section 4.02.01.D.8, for an existing single family
dwelling in the Residential Multi-Family-6 (RMF-6) zoning district, and for a variance from
Section 4.02.03.D of the LDC to reduce the 7.5 foot west side yard from 7.5 feet to 6 feet to
allow for an accessory attached one-family pool screen enclosure for property 741 93rd
Avenue North, also known as Lot 15, Block 55, Naples Park Unit No. 5, in Section 28,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly,
Senior Planner] Commission District 2
4. Other Business
5. Public Comments
6. Adjourn
09/08/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Item Summary: Petition No. BDE-PL20210002702 - 152 Heron Avenue - Request for a
boathouse to be constructed upon or simultaneously with a single-family dock facility, pursuant to
Section 5.03.06.F. of the Collier County Land Development Code, at 152 Heron Avenue, also known as
Lot 21, Block T, Conner’s Vanderbilt Beach Estates Unit No. 3, in Section 29, Township 48 South,
Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Senior Planner] Commission District 2
Meeting Date: 09/08/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
08/18/2022 3:14 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
08/18/2022 3:14 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 08/18/2022 6:08 PM
Zoning Mike Bosi Division Director Completed 08/19/2022 10:00 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 08/23/2022 12:39 PM
Zoning Ray Bellows Review Item Completed 08/23/2022 12:46 PM
Zoning Diane Lynch Review Item Skipped 08/23/2022 12:40 PM
Hearing Examiner Andrew Dickman Meeting Pending 09/08/2022 9:00 AM
3.A
Packet Pg. 3
BDE-PL20210002702; 152 Heron Ave Page 1 of 8
August 17, 2022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: SEPTEMBER 8, 2022
SUBJECT: BDE-PL20210002702, 152 HERON AVENUE – SEIBERT DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Kenneth L. Seibert Bill Nelson
152 Heron Avenue Greg Orick Marine Construction, Inc
Naples, FL 34103 2815 Bayview Dr.
Naples, FL 34112
REQUESTED ACTION:
The petitioner requests approval for a boathouse to be constructed upon or simultaneously with a
single-family dock facility, pursuant to Section 5.03.06.F of the Collier County Land Development
Code (LDC), for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 152 Heron Avenue, also known as Lot 21, Block T, Conner’s
Vanderbilt Beach Estates Unit No. 3, in Section 29, Township 48 South, Range 25 East. Collier
County, Florida. (See location map on the following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property is located within a Residential Single-Family-3 (RSF-3) zoning district that
has been improved by means of a 2-story single-family dwelling, Building Permit No.
PRBD20200831956 for which a Temporary Certificate of Occupancy has been issued (see
Attachment C). Allowable accessory uses within the RSF-3 district include private docks and
boathouses, subject to section 5.03.06 of the LDC. Building Permit No. PRBD20210943505 was
issued on September 25, 2021, for such a boat dock (see Attachment D). At this time the applicant
seeks to add a boathouse to the already permitted dock. Submitted plans reveal the boathouse will
not encroach into the required 15-foot side/riparian setback and that, with exception to the 3-foot
roof overhang, only the roof overhang will protrude past the 20-foot threshold for protrusion.
3.A.a
Packet Pg. 4 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 2 of 8
August 17, 2022
3.A.aPacket Pg. 5Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 3 of 8
August 17, 2022
SURROUNDING LAND USE & ZONING:
North: Heron Avenue (Right-of-Way) then Single-family dwelling, Residential Single-
Family-3 District (RSF-3)
East: Single-family dwelling, Residential Single-Family-3 District (RSF-3)
South: Vanderbilt Lagoon waterway then single-family dwelling, Residential Single-
Family-3 District (RSF-3)
West: Single-family dwelling, Residential Single-Family-3 District (RSF-3)
Collier County GIS
3.A.a
Packet Pg. 6 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 4 of 8
August 17, 2022
Collier County GIS
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to a man-made canal. The proposed docking facilities
will be constructed waterward of the existing seawalled property boundary. The shoreline does not
contain native vegetation. A submerged seagrass survey was not required for this petition since
the proposed boathouse will be placed over an existing docking facility.
This project does not require an Environmental Advisory Council Board (EAC) review, because
this project did not meet the EAC scope of land development project reviews as identified in
Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and
Ordinances.
3.A.a
Packet Pg. 7 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 5 of 8
August 17, 2022
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.F., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a Boathouse request based on certain criteria. Boathouses,
including any roofed structure built on a dock, shall be reviewed by the Hearing Examiner
according to the following criteria, all of which must be met in order for the Hearing Examiner to
approve the request.
Standards for Boathouses:
1. Minimum side setback requirement: Fifteen Feet.
Criterion met. As per the provided Site Plan Survey the west side of the boathouse is 15
feet from the riparian line and the east side is 20 feet from its respective riparian line (see
Attachment A).
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks.
Criterion met. The applicant states the canal width is 110 feet. The dock upon which the
subject boathouse will be constructed protrudes 20± feet into said canal. The provided Site
Plan Survey (Attachment A) and Boathouse Plans (Attachment B) demonstrate the subject
boathouse will protrude 23 feet (inclusive of an allowable 3-foot roof overhang) into the
110-foot-wide canal.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,
whichever is more restrictive, to the peak or highest elevation of the roof.
Criterion met: The proposed height is 15 feet above the seawall; see Attachment B.
4. Maximum number of boathouses or covered structures per site: One.
Criterion met. Only one boathouse is to be built on this property.
5. All boathouses and covered structures shall be completely open on all 4 sides.
Criterion met. The boathouse will be open on all four sides.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond “chickee” style. A single-family
dwelling unit must be constructed on the subject lot prior to, or simultaneously with,
the construction of any boathouse or covered dock structure.
Criterion met. The roofing material and color of the proposed boathouse will match that of
the single-family dwelling, the principal structure, that has just been constructed on the
subject property.
3.A.a
Packet Pg. 8 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 6 of 8
August 17, 2022
7. The boathouse or covered structure must be so located as to minimize the impact on
the view of the adjacent neighbors to the greatest extent practical.
Criterion met. The boathouse is located within the required side/riparian setbacks and is
consistent with other similar facilities along the subject shoreline.
Staff analysis finds that this petition satisfies all seven of the required boathouse standards. Staff
further notes that despite the plans for the boathouse (Attachments A and B) being correct, the
plans for the dock and lift (Attachment D) are slightly off as protrusion was not measured from
the most restrictive point. This discrepancy has been made known to the applicant’s agent who
responded that they would resolve the discrepancy by providing a plan revision to the Building
Department.
CONCURRENT LAND USE APPLICATIONS:
• Building Permit No.: PRBD20200831956 for 2-story single-family dwelling was issued on
12/01/20 and received a Temporary Certificate of Occupancy (TCO) on 04/14/2022; see
Attachment C.
• Building Permit No.: PRBD20210943505 for a 362 square foot dock with 24k lift was issued
on 09/25/2021 and was extended on, or about, 03/28/2022; the permit is in “Inspect” status,
see Attachment D.
APPEAL OF BOAT DOCK EXTENSION:
As to any boat dock extension petition upon which the Hearing Examiner takes action, an
aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of
the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of
Collier County within 30 days of the decision. In the event that the petition has been approved by
the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at
his/her own risk during this 30-day period. Any construction work completed ahead of the approval
authorization shall be at their own risk.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BDE-PL20210002702, to allow for the addition of a boathouse measuring 19-foot by 25.7-foot
(inclusive of the roof overhang) to a previously permitted yet not completed dock subject to the
following conditions:
1. The Map of Site Plan Survey and Boathouse plans, Attachments A and B, represent the
most current plans for the subject boat dock facility;
2. Plans for Building Permit No. PRBD20210943505 must be revised to demonstrate that the
protrusion has been measured from the property line, which has been determined to be the
3.A.a
Packet Pg. 9 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
BDE-PL20210002702; 152 Heron Ave Page 7 of 8
August 17, 2022
most restrictive point of measure per LDC Section 5.03.06.C.1, thereby making them
consistent with those of Attachments A and B;
3. A building permit for the subject boathouse must be applied for and obtained following the
satisfaction of Condition No. 2. thereby ensuring plans for the dock and lift are consistent
with that of the boathouse that are contained herein as Attachments A and B; and
4. Upon completion of construction, must obtain a Certificate of Completion for both the
boathouse and dock with lift permits which will then complete the subject boat dock
facility; however, said Certificates cannot be issued until such time as a Certificate of
Occupancy has been issued for the principal structure.
Attachments:
A) Map of Site Plan Survey
B) Boathouse Plans
C) Building Permit No. PRBD20200831956 Information
D) Building Permit No. PRBD20210943505 Information
E) Public Hearing Sign Posting
F) Applicant’s Backup, application and supporting documents
3.A.a
Packet Pg. 10 Attachment: Staff Report 08262022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.b
Packet Pg. 11 Attachment: Attachment A - Map of Site Plan Survey (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.b
Packet Pg. 12 Attachment: Attachment A - Map of Site Plan Survey (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 7/27/2022
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.c
Packet Pg. 13 Attachment: Attachment B - Boathouse Plans (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 7/27/2022
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.c
Packet Pg. 14 Attachment: Attachment B - Boathouse Plans (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRBD2020083195601 PERMIT TYPE: BD
ISSUED: 12-01-20 BY:APPLIED DATE:08-04-20 APPROVAL DATE: 11-30-20
MASTER #:COA: PRBD20200831956
JOB ADDRESS:152 Heron AVE, Vacant Land, Naples
JOB DESCRIPTION: Single Family Residence IMPACT
152 Heron AVE, Naples Lot 21
4 bed/7 bath (8wc)
JOB PHONE:
SUBDIVISION #:BLOCK:
LOT:
FLOOD MAP:ZONE:ELEVATION:
FOLIO #: 27634880006 SECTION-TOWNSHIP-RANGE: 29-48-25
OWNER INFORMATION:CONTRACTOR INFORMATION:
M & L LAVERY REV TRUST
310 DEVILS BIGHT
NAPLES, FL 34103
LEXA INC
310 DEVILS BRIGHT
NAPLES, FL 34102
CERTIFICATE #:: LCC20140000229 PHONE:
FCC CODE:
CONSTRUCTION CODE: 0220
JOB VALUE: $1,050,000.00 TOTAL RES SQFT: 6411 TOTAL COMM SQFT: 0
SETBACKS FRONT: 30'REAR: 25' P / 10' LEFT: 7.5'RIGHT: 7.5'
SEWER: Sewer WATER: New
CONTACT NAME:
CONTACT PHONE:
Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional
stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further
understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a
Certificate of Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION, CONTACT DEP AT (239) 344-5600.
In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in
the public records of this county, and there may be additional permits required from other governmental entities such as water
management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT.
3.A.d
Packet Pg. 15 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.d
Packet Pg. 16 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.d
Packet Pg. 17 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
TEMPORARY CERTIFICATE OF OCCUPANCY
This Certificate is issued pursuant to the requirements of the Florida Building Code
Section 110.1, use and occupancy, certifying that at the time of issuance this structure
was in compliance with the various ordinances of the county regulating building
construction for use for the following:
PERMIT NBR:PRBD2020083195601 STATUS: Inspections Commenced
CO TYPE: Occupancy ISSUED DATE: April 14, 2022
ADDRESS: 152 Heron AVE, Naples, Vacant Land
SUBDIVISION:
LEGAL DESCRIPTION: CONNER'S VANDERBILT
BCH EST UNIT 3 BLK T LOT 21
SECTION-TOWNSHIP-RANGE: 29 - 48 - 25
TCO EXPIRATION DATE:05/14/2022 ADDITIONAL NOTES:
JOB DESC: Single Family Residence IMPACT
152 Heron AVE, Naples Lot 21
4 bed/7 bath (8wc)
Name of the Building Official: Jonathan Walsh
Edition of the Code under which the permit was issued: FBC 6th Edition 2017
Use and occupancy, in accordance with the provisions of Chapter 3 of the FBC:
FULL OCCUPANCY
Stipulation: Contractor shall maintain Temporary Certificate of
Occupancy/Completion in accordance with FBC section 111.3 Temporary
Occupancy otherwise their license shall be placed on hold for a willful code
violation.
Type of Construction: Type VB (Unprotected)
Design Occupant Load:
Automatic sprinkler system is provided, whether the sprinkler system is required:
Special stipulations and conditions of the building permit:
·A Spot Survey will be required within ten days of passing a 704 shell reinforcement
or 103/133 inspection of slab. Prior to obtaining County approval of the Spot Survey,
the permit holder’s construction activities are at his/her own risk. After 10 days an
3.A.d
Packet Pg. 18 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
"Inspection HOLD" will be placed on this Permit for survey review. NOTE: A Spot
Survey must verify slab meets setbacks and minimum elevation per Chapter 62,
Collier County Code of Laws and Ordinances, e.g., 18” above the crown of the road
or the elevation established by the SFWMD permit.
ShowalterAlexander 02/08/2021 7:38 AM SURVEY REC'D, SETBACKS OK,
HOUSE, FFE 10.9' NAVD - MUST MEET 11', DIGITAL SIGNATURE VERIFIED,
APPROVED
*NEED FINAL SURVEY TO VERIFY 11' FFE*
·Engineers Letter required for piles. CO Hold until receipt of Engineers Report.
·Range Hood manufacturer spec sheet. Cfm's no more than 600 cfm capability to
qualify for exemption for MUA with no gravity vent appliances. LamingDavid
06/22/2021 2:44 PM
OWNER:M & L LAVERY REV TRUST
Note:A new certificate is required if the use of the building or premises is changed,or
if alterations are made to the building or property described.A new certificate voids any
certificate or prior date.
3.A.d
Packet Pg. 19 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
PRBD20200831956
additional review notes:DIGITAL SURVEY
REC'D, APPROVED, HOUSE, DIGITAL
SIGNATURE VALIDATED
SETBACKS OK, ELEVATION OK, FFE 11.0’
NAVD,SHIRLEY ROSA 4/19/22
3.A.d
Packet Pg. 20 Attachment: Attachment C - Permit PRBD20200831956 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRBD2021094350501 PERMIT TYPE: MR
ISSUED: 09-25-21 BY: APPLIED DATE: 09-14-21 APPROVAL DATE: 09-24-21
MASTER #: COA:
JOB ADDRESS: 152 Heron AVE, Vacant Land, Naples
JOB DESCRIPTION: Install 362 Sq Ft Dock, Install 24k Lift
152 HERON AVE LOT 21
JOB PHONE:
SUBDIVISION #: BLOCK: LOT:
FLOOD MAP: ZONE: ELEVATION:
FOLIO #: 27634880006 SECTION-TOWNSHIP-RANGE: 29-48-25
OWNER INFORMATION:CONTRACTOR INFORMATION:
M & L LAVERY REV TRUST
309 NEAPOLITAN WAY
NAPLES, FL 34103
GREG ORICK II MARINE CONSTRUCTION, INC
1035 COLLIER CENTER WAY #1
NAPLES, FL 34110
CERTIFICATE #:: C28961 PHONE:
FCC CODE:
CONSTRUCTION CODE: 0221
JOB VALUE: $15,000.00 TOTAL RES SQFT: 0 TOTAL COMM SQFT: 0
SETBACKS FRONT: REAR: 20' protrusion LEFT: 15'RIGHT: 15'
SEWER: WATER:
CONTACT NAME:
CONTACT PHONE:
Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional
stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further
understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a
Certificate of Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION, CONTACT DEP AT (239) 344-5600.
NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be
found in the public records of this county, and there may be additional permits required from other governmental entities such as
water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED
AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
3.A.e
Packet Pg. 21 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
Co�er County � Growth Maragement Department
BUILDING PERMIT EXTENSION FORM
2800 N. HORSESHOE DRIVE, NAPLES, FL 34104
Main: {239) 252-2400 Direct: (239)-252-2493
BPRS@colliercountyfl.gov
Form Co mpleted By: D Owner-Builder � Contractor D Design Professional
Date of Request Permit Number Primary Permit# (If Applicable)
Property Information
Property Address:
Pa rcel/Tax Folio No.: ------------------------------------
Qualifier Information
Company Name: GREG ORICK II MARINE CONSTRUCTION
Qualifier Na me: �G-B�E�G�O�Bl�C=K�ll�------------------Phone: 239-949-5588
Email: PERMITS@ORICKMAR INE.COM
Number of Previous Requests �I __ Has Work Commenced: □Yes □No
Reason for Extension
Qua lifier State License No.: '--I _C_2_89_6_1 ___
�
t-+-----,f(f-+-------------------------'
s;gnat"'e, Q,ai;fiec/Owoec-B,fldec, � \)� .J\7
Printed Name: Qualifier/Owner-Builder: _G_R _EG __ O_R_IC_K_I _________________________ _
state of FLORIDA County o f COLLIER
The foregoing instrument was acknowledged before me by means of � physical presence or D online notarization this ___ day of ______ , 20 __ , by (printed name of owner or qualifier) ______________________ _ S uch person(s) Notary Public must check applicable box: z(' Are personally known to meD Has produced a current drivers license _______________ _ D Has produced Z'l:¾ � �mification.
Notary Signature : _ __,_'fl,.-b'/4'i'"'\-b'l�,_.,."-'-+.�,.._,,-:1-r>"'<t---------------
Building PERMIT Extension Form 1.22.2020
,,,��::•,,,, WILLIAM NELSON /��"<. Nqtary Public-State of Florida =• •E Commission # GG 313868 -;,,�,;:°' Jfl My Commissior;i Expires ,,,,,,,',,,,, March 19, 2023
3/28/2022 20210943505
152 Heron Ave
To start calling Inspections
28
March 22 Greg Orick II
3.A.e
Packet Pg. 22 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.e
Packet Pg. 23 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.e
Packet Pg. 24 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 9/10/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.e
Packet Pg. 25 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron
Approval of Construction Documents
Building Plan Review & Inspection
2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2400
Residential Permits
These electronic documents have been reviewed for Code Compliance by the Building Plan Review & Inspection
Division of the Collier County Growth Management Department. The documents are available for download from
the GMD Public Portal. These specific documents, listed as “Approved Plans (PR)” on the Portal, must be
available for Inspectors to review on the job site in either electronic or paper form as the approved version in
accordance with the Florida Building Code Section 107.3.1. Other supporting documents may be required on site
as needed to meet code requirements.
Permit Number: PRBD2021094350501
Job Site Address: 152 Heron AVE, Vacant Land, Naples
Permit Description: Install 362 Sq Ft Dock, Install 24k Lift
152 HERON AVE LOT 21
Permit Issuance Date: 09/25/2021
Document List:
Portal File Type Portal File Name
1.Approved Plans (PR)Construction Plans (152 Heron Ave Dock Electric Drawing for Permit.pdf)
2.Approved Plans (PR)Construction Plans (152 Heron Ave Dock Electric Drawing.pdf)
3.Approved Plans (PR)Construction Plans (Salty Hoist Boat Lift Engineering.pdf)
4.Approved Plans (PR)SubContractor Affidavit (SubContractor.pdf)
5.Approved Plans (PR)Construction Plans (Typical Dock Construction-GOIIMC.pdf)
3.A.e
Packet Pg. 26 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 9/14/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.e
Packet Pg. 27 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 8/5/2021
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.e
Packet Pg. 28 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron
Typical Dock Construction
Greg Orick Marine
Construction, Inc.
(239) 949-5588
3.A.e
Packet Pg. 29 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron
C�erCounty� Growth Management Department
2800 N. HORSESHOE DRIVE, NAPLES, FL 34104 (239) 252-2400
SUBCONTRACTOR AFFIRMATION
To be completed by the Qualifier working under the General Contractor, or by Owner-Builder as defined by Florida Statutes.
Permit Number _________________ _
Form Completed B y: IE:! Qualifier □ Owner-Builder
General Contractor for Project: ------------------------------
Check One:
[El Electrica I D Plumbing □ Roofing D Mechanical □ Septic D Other
Jobsite Address: ------------------------------------
Qualifier Information (to be completed by the Qualifier)
Name: Robe rt J. A nde r s on
Company Name: A Greg Orick Marine Construction, Inc
State License No.: _E_c_1_3_o_o_59_9 _. 4 __________________________ _
Phone: (239) 949-5588
Email: permits@orickmarine.com
Acknowledgement:
.--r ..... mi t to practice const ruction co ntracting is a violation of Florida Statu te 489.129 and 489.533.
Signature of Qualifier under Gene
Contractor or Owner-Builder:
Printed Name of Qualifier under
General Contractor or Owner-Builder: --------------------------------
State of Florida County of _C_o_l_lie_r ________ _
The foregoing instrument was acknowledged before me by means of [BJ physical presence or D online notarization this ___ day of
--�- - , 20 �, by (printed name of owner or qualifier) _R _o _be_rt_J_. A_n_d _e _rs_o_n ______________ _
Such person(s) Notary Public must check applicable box:
[El Are personally known to me D Has produced a current drivers license. ________________ _ D Has produced --,Ll--..v--,,c..,,..q.,#---,,<-,q'-------as identification.
Notary Signature: :._/.'fj:_�t2.:Z��E:S::::=-J�------------
Upload completed form to the portal under "conditions".
Subcontractor Affirmation 12.2.20
,,�';b,��1!1,, WILLIAM NELSON ,'o�<' N �"' f>� otary Public-State of Florida�; :g Commission r GG 313868�., -$J' I ,, C: • ',/i o,,co"',,'' t-Ol!'f-)tlor.nn f/g 1or;i Expires
'1111111'' March 19, 2023
Page 1 of 1
Greg Orick II Marine Construction inc
Robert Anderson
152 Heron Ave
9
September
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Packet Pg. 30 Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
SUPPLIESRDA Consulting EngineersMARINE LUMBER AND DECKINGCERTIFICATE OF AUTHORIZATION NUMBER: 31149(239) 649-1551800 HARBOUR DRIVE, SUITE 210NAPLES, FL.NAPLES, FL3.A.ePacket Pg. 31Attachment: Attachment D - Permit PRBD20210943505 Info (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.fPacket Pg. 32Attachment: Attachment E - Sign Posting 08232022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
3.A.fPacket Pg. 33Attachment: Attachment E - Sign Posting 08232022 (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert Boathouse)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
DOCK FACILITY EXTENSION OR BOATHOUSE ESTABLISHMENT PETITION
LDC Section 5.03.06 f.
Ch. 3 B. of the Administrative Code
THIS PETITION IS FOR (check one): 0 DOCK EXTENSION
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
To be completed by staff
APPLICANT INFORMATION
�oJ...ob. p
[6"'BOATHOUSE
Name of Property Owner(s): ______________________ _
Name of Applicant if different than owner: ________________ _
Address: _____________ City: _____ State: ___ ZIP: __ _
Telephone: ________ Cell: _________ Fax: _______ _
E-Mail Address: __________________________ _
Name of Agent(s): _________________________ _
Firm: _____________________________ _
Address: _____________ City: _____ State: ___ ZIP: __ _
Telephone:----------,-Cell: _________ Fax: _______ _
E-Mail Address:---------------------------
PROPERTY LOCATION
Section/Township/Range: _ __..! _ __..!__ Property I.D. Number: _______ _
Subdivision: Unit: ---------------
Address/ General Location of Subject Property:
Current Zoning and Land use of Subject Property:
May 8, 2018
Lot: Block:
Page 1 of 6
Ken Seibert
152 Heron Ave Naples FL 34105
Bill Nelson/ Mark Oreus
Greg Orick Marine Construction Inc
2815 Bayview Dr Naples FL 34112
239-949-5588
Permits @orickmarine.com
29 48 25 27634880006
234100 - CONNERS VANDERBILT BCH EST #3 3 21 T
152 Heron Ave - Naples, FL, 34108
7 - Miscellaneous Residential
3.A.g
Packet Pg. 34 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
s
E
w
DESCRIPTION OF PROJECT
SITE INFORMATION
1.Waterway Width:
___ ft. Measurement from D plat D survey D visual estimate D other (specify) __
2.Total Property Water Frontage:
___ ft.
3.Setbacks:
Provided: ___ ft.
Required: ___ ft.
4.Total Protrusion of Proposed Facility into Water:
___ ft.
5.Number and Length of Vessels to use Facility:
l.___ ft.
2.___ ft.
6.List any additional dock facilities in close proximity to the subject property and indicate
the total protrusion into the waterway of each:
7.Signs are required to be posted for all petitions. On properties that are 1 acre or larger in
size, the applicant shall be responsible for erecting the required sign. What is the size of
the petitioned property? ___ Acres
May 8, 2018 Page 2 of 6
1 - SINGLE FAMILY RESIDENTIAL 234100 - CONNERS VANDERBILT BCH EST #3
234100 - CONNERS VANDERBILT BCH EST #3
234100 - CONNERS VANDERBILT BCH EST #3 1 - SINGLE FAMILY RESIDENTIAL
1 - SINGLE FAMILY RESIDENTIAL
Vanderbilt Channel
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
New 26' X 40' Boathouse over existing dock - Boathouse to have same roofing as main structure
with roof 3' Roof overhang - Boathouse will contain 1 Boat lift that will not have an additional
canopy
110 x
80
15
15
23
164 HERON AVE - 20' Which is maximum allowed in Area
140 HERON AVE - 20' Which is maximum allowed in Area
.22
3.A.g
Packet Pg. 35 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
8.Official Interpretations or Zoning Verifications:
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
To your knowledge, has there been an official interpretation or zoning verification rendered on
this property within the last year? D Yes D No If yes, please provide copies.
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner
will utilize the following criteria as a guide in the decision to approve or deny a particular Dock
Extension request. In order for the Hearing Examiner to approve the request, it must be
determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria,
must be met. On separate sheets, please provide a narrative response to the listed criteria
and/or questions.
1.Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to
the waterfront length, location, upland land use, and zoning of the subject property; consideration
should be made of property on unbridged barrier islands, where vessels are the primary means of
transportation to and from the property. (The number should be appropriate; typical, single-family
use should be no more than two slips; typical multi-family use should be one slip per dwelling unit; in
the case of unbridged barrier island docks, additional slips may be appropriate.)
2.Whether or not the water depth at the proposed site is so shallow that a vessel of the general length,
type, and draft as that described in the petitioner's application is unable to launch or moor at mean
low tide (MLT). (The petitioner's application and survey should show that the water depth is too
shallow to allow launch and mooring of the vessel (s) described without an extension.)
3.Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4.Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether or not a minimum of 50 percent of the waterway width between dock
facilities on either side of the waterway is maintained for navigability. (The facility should maintain
the required percentages.)
5.Whether or not the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
May 8, 2018 Page 3 of 6
x
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Packet Pg. 36 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
rCounty
......-, 2-w
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
SECONDARY CRITERIA
1.Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed dock
facility. (There must be at least one special condition related to the property; these may include type
of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.)
2.Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not directly
related to these functions. (The facility should not use excessive deck area.)
3.For single-family dock facilities, whether or not the length of the vessel, or vessels in combination,
described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.
(The applicable maximum percentage should be maintained.)
4.Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on the view of
either property owner.)
5.Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass
beds are present, compliance with LDC subsection 5.03.06 I must be demonstrated.)
6.Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC
subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be
demonstrated.)
May 8, 2018 Page 4 of 6
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Packet Pg. 37 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net (239)252-2400 FAX: (239) 252-6358
Pre-Application Meeting and Final Submittal Requirement Checklist for: D Dock ExtensionD Boathouse
Chapter 3 B. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below, with cover sheets
attached to each section. Incomplete submittals will not be accepted.
#OF REQUIRED NOT REQUIREMENTS FOR REVIEW COPIES REQUIRED
Completed Application (download current form from County website) 1 � □
Pro�erty Ownershi� Disclosure Form 1 � lJ
Signed and Sealed Survey 1 I I R"
Chart of Site Waterway 1 D g---
Site Plan Illustration with the following: •Lot dimensions;•Required setbacks for the dock facility;•Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);□ •Configuration, location, and dimensions of existing and proposed 1
facility; •Water depth where proposed dock facility is to be located;•Distance of navigable channel;•Illustration of the contour of the property; and•Illustration of dock facility from both an aerial and side view .
Affidavit of Authorization, signed and notarized 1 � □
Com�leted Addressing Checklist 1 � □
Electronic copy of all required documents
*Please be advised: The Office of the Hearing Examiner requires all 1 w □
materials to be submitted electronically in PDF format.
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•Following the completion of the review process by County review staff, the applicant shall submit
all materials electronically to the designated project manager.
•Please contact the project manager to confirm the number of additional copies required.
May 8, 2018 Page 5 of 6
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Packet Pg. 39 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a.If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b.If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
3.A.g
Packet Pg. 40 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
3.A.g
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Packet Pg. 43 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702 BDE 152 Heron Avenue - Seibert
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 7/27/2022
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.g
Packet Pg. 44 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 7/27/2022
Greg Orick Marine
Construction, Inc.
(239) 949-5588
Approved Signature:
____________________
Approved Date:
____________________
3.A.g
Packet Pg. 45 Attachment: Attachment F - Backup Package, Application and Supporting Docs (23117 : PL20210002702
Boathouse criteria under LDC Section 5.03.06(F):
A. Minimum side setback requirement: Fifteen feet.
Response: Criterion has been met. The West side of the boathouse provides a setback of 15 feet
from the Riparian line; the East side of the boathouse provides a setback of 20 feet from the East
Riparian line. See Site Plan Survey.
B. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond
the maximum protrusion and/or side setbacks.
Response: Criterion has been met. The actual proposed protrusion into the water way is 23 feet, with
a 3 foot being the roof overhang. See Site Plan Survey or Boathouse Cross Section
C. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is
more restrictive, to the peak or highest elevation of the roof.
Response: Criterion has been met. The proposed actual height is 15 feet from the top of the seawall.
See Boathouse Cross Section.
D. Maximum number of boathouses or covered structures per site: One.
Response: Criterion has been met. Only one boathouse will be built.
E. All boathouses and covered structures shall be completely open on all 4 sides.
Response: Criterion has been met. All 4 sides of the proposed boathouse are designed to be left
open.
F. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit
must be constructed on the subject lot prior to, or simultaneously with, the construction of
any boathouse or covered dock structure.
Response: Criterion has been met. A single-family house has already been constructed on this lot,
the proposed boathouse roof will be matching the same material and color as the existing house.
G. The boathouse or covered structure must be so located as to minimize the impact on the
view of the adjacent neighbors to the greatest extent practical.
Response: Criterion has been met. The proposed boathouse addition is consistent with existing
facilities along that shoreline and does not impact the view of the adjacent neighbors.
3.A.g
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09/08/2022
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Item Summary: Petition No. VA-PL20220003470 - 741 93rd Avenue North - An after-the-fact
variance request from Section 4.02.01.A, Table 2.1, of the Collier County Land Development Code
(LDC), to reduce the minimum side yard setback from 7.5 feet to 6 feet on the west and from 7.5 feet to 5
feet on the east, and to allow for the further encroachment of a 2-foot roof overhang on both sides
pursuant to LDC Section 4.02.01.D.8, for an existing single family dwelling in the Residential Multi-
Family-6 (RMF-6) zoning district, and for a variance from Section 4.02.03.D of the LDC to reduce the
7.5 foot west side yard from 7.5 feet to 6 feet to allow for an accessory attached one-family pool screen
enclosure for property 741 93rd Avenue North, also known as Lot 15, Block 55, Naples Park Unit No. 5,
in Section 28, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly,
Senior Planner] Commission District 2
Meeting Date: 09/08/2022
Prepared by:
Title: Planner – Zoning
Name: John Kelly
08/18/2022 3:21 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
08/18/2022 3:21 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Review Item Completed 08/18/2022 6:10 PM
Zoning Mike Bosi Division Director Completed 08/19/2022 10:28 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 08/23/2022 12:41 PM
Zoning John Kelly Review Item Skipped 08/18/2022 3:23 PM
Zoning Ray Bellows Review Item Completed 08/23/2022 12:48 PM
Zoning Diane Lynch Review Item Skipped 08/23/2022 12:40 PM
Hearing Examiner Andrew Dickman Meeting Pending 09/08/2022 9:00 AM
3.B
Packet Pg. 52
VA-PL20220003470 Page 1 of 9
741 93rd Ave N
08162022
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: SEPTEMBER 8, 2022
SUBJECT: PETITION VA-PL20220003470; 741 93rd AVENUE NORTH
_____________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Celadongiordafl, LLC Zachary W. Lombardo, Esq.
741 93rd Avenue North Woodward, Pires & Lombardo, P.A.
Naples, FL 34108 3200 Tamiami Trail North, Suite 200
Naples, FL 34103
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an after-the-fact variance request
from Section 4.02.01.A, Table 2.1, of the Collier County Land Development Code (LDC), to
reduce the minimum side yard setback from 7.5 feet to 6 feet on the west and from 7.5 feet to 5
feet on the east, and to allow for the further encroachment of a 2-foot roof overhang on both sides
pursuant to LDC Section 4.02.01.D.8, for an existing single-family dwelling in the Residential
Multi-Family-6 RMF-6) zoning district, and for a variance from Section 4.02.03.D of the LDC to
reduce the 7.5-foot west side yard to 6 feet to allow for an accessory attached one-family pool
screen enclosure for the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 741 93rd Avenue North, also known as Lot 15, Block 55, Naples
Park Unit No. 5, in Section 28, Township 48 South, Range 25 East, Collier County, Florida,
consisting of 0.15± acres (See location map on page 2).
PURPOSE/DESCRIPTION OF PROJECT:
As per Department records the existing single-family dwelling was constructed in accordance with
Building Permit No.: 85-1515, issued on July 1, 1985, for which a Certificate of Occupancy (C.O.)
was issued on May 13, 1986. The approved permit application and Site Plan reveal the subject
(Continued on Page 5)
3.B.a
Packet Pg. 53 Attachment: Staff Report 08162020 (23119 : PL20220003470 VA 741 93rd Avenue North)
VA-PL20220003470 Page 2 of 9
741 93rd Ave N
08162022
3.B.aPacket Pg. 54Attachment: Staff Report 08162020 (23119 : PL20220003470 VA 741 93rd Avenue North)
VA-PL20220003470 Page 3 of 9
741 93rd Ave N
08162022
Copy of portion of Survey contained within Attachment C - NTS
3.B.a
Packet Pg. 55 Attachment: Staff Report 08162020 (23119 : PL20220003470 VA 741 93rd Avenue North)
VA-PL20220003470 Page 4 of 9
741 93rd Ave N
08162022
SURROUNDING LAND USE AND ZONING:
North: Single-family dwelling within a Residential Multi-Family-6 (RMF-6) zoning district
East: Single-family dwelling within a Residential Multi-Family-6 (RMF-6) zoning district
South: 93rd Avenue North (Right-of-Way) then a single-family dwelling within a
Residential Multi-Family-6 (RMF-6) zoning district
West: Single-family dwelling within a Residential Multi-Family-6 (RMF-6) zoning district
Collier County GIS
3.B.a
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Purpose/Description of Project (Continued from Page 1)
the property measured 50 feet by 135 feet, comprised 6,750 square feet, was within an RMF-6
Zoning District, and was approved using the following yard requirements: Front – 25 feet, Rear –
20 feet, and Sides – 5 feet.
The Zoning Regulation in effect at the time of permitting was Ordinance 82-2, as amended. Said
ordinance reveals the required Minimum Lot Area and Width for lots within the RMF-6 zoning
district were 7,260 square feet for each dwelling unit and 100 feet, respectively. Section 20,
Definitions, of said Zoning Regulation, provides the following definition:
Non-Conforming Lot of Record – Any lot or parcel which was recorded or for which an
agreement for deed was executed prior to October 14, 1974, and which lot or parcel does not
meet the minimum width and lot area requirements as a result of the passage of this ordinance
shall be considered as a legal non-conforming lot and shall be eligible for the issuance of a
building permit provided all the other requirements of this ordinance and the Florida Statutes
are met.
The subject property appears in its present configuration within the Naples Park Unit No. 5 plat
(see Attachment B, PB3 PG14) which was approved by the Board of County Commissioners on
September 15, 1953, and as such was recognized as a legal nonconforming lot as a result of
insufficient lot area and width. Section 7.12.c. Development Standards, states:
7) Development Standards for Non-Conforming Lots of Record:
(a) Single-family dwellings, in conformance with the development standards of the RSF-
5 district.
Section 7.11.c.3) provides the following Minimum Yard Requirements for lots within the RSF-5
zoning classification: Front Yard – 25 feet, Side Yard 7.5 feet, and Rear and 20 feet. As these
values do not match those revealed on the permit record Staff was compelled to research further
and located the following within Section 8 of said Zoning Regulation, Supplementary District
Regulations. Section 8.5, Exceptions to Required Yards, provides the following:
b. Side Yard Exceptions. Where lots of record existed prior to the effective date of this Zoning
Ordinance, which lots do not meet the minimum width requirements set out in this Zoning
Ordinance, then for such lots, and only for such lots, the minimum side yards shall be not
less than ten (10%) percent of the average lot width, provided no side yard shall be less
than five (5) feet. In the case of through lot, side yards shall extend from the rear lines of
front yards required. In the case of corner lots, yards remaining after front yards have been
established on both frontages shall be considered side yards.
e. Yard Encroachments. Every part of every required yard shall be open and unobstructed
from thirty (30) inches above the general ground level of the graded lot upward to the sky
except as hereinafter provided or as otherwise permitted in this zoning Ordinance:
5) Hoods, canopies, roof overhangs, or marquees may project not over three (3) feet into
a required yard, but shall not come closer than one (1) foot to the lot line.
3.B.a
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Given the above, staff has determined the subject property satisfied the development criteria for
nonconforming lots of record and exercised a Side Yard Exception as further evidenced by the
approval of the building permit and a Certificate of Occupancy upon completion of the process.
Approved plans reveal the single-family dwelling to be located 6 feet from the western side
property line and 5 feet from the eastern side property line at its nearest point. Approved structural
plans reveal the dwelling has a 2-foot roof overhang.
The applicant now desires to construct an attached one-family pool screen enclosure, Building
Permit Application No. PRBD20210841716, over an existing pool, Building Permit No.
PRBD20210415581 will be in-line with the existing dwelling. Said building permit application
could not be approved as the screen enclosure, although in line with the principal structure, does
not comply with the current RMF-6 side yard requirement of 7.5 feet for interior single-family
lots. As proposed, said screen enclosure is 1.5 feet into the western side yard setback.
With this petition, the applicant seeks to remedy the after-the-fact setback issues concerning the
existing single-family residence, including the roof overhang, thereby eliminating the structure’s
current nonconforming status thereby allowing for future improvements and a clear title. At the
same time the applicant desires to obtain a variance to allow for a new attached one-family screen
pool enclosure that will be in line with the principal structure; more specifically, to allow said
screen enclosure 6 feet from the western side property line.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is within the Urban – Mixed Use District, Urban Residential Subdistrict, of
the Future Land Use Map of the GMP. The GMP does not address individual Variance requests
but deals with the larger issue of the actual use. The existing single-family use is consistent with
the FLUM of the GMP. The requested variance does not have any impact on this property's
consistency with the County's GMP.
ZONING DIVISION ANALYSIS:
The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed
this petition relative to these provisions and offers the following responses:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
Yes, the evidence contained within Attachment D reveals that when the subject property was
initially constructed, in accord with a building permit issued in 1985, the property was
deemed to be a legal nonconforming lot of record for which relaxed setbacks were applied.
Issuance of the building permit together with a Certificate of Occupancy demonstrate the
existing residence satisfied all zoning and building requirements at the time of construction.
b. 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
3.B.a
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subject of the Variance request?
Yes, the current property owner was not the property owner at the time the existing single-
family residence was permitted. The original permit and approved plans reveal the subject
residence was approved using 5-foot side yard setbacks. Zoning staff notes that spot surveys
were not required by the County at the time of construction. Additionally, the subject
property is in its originally platted condition and the subject plat was approved and accepted
by Collier County.
c. Will a literal interpretation of the provisions of this zoning code work cause
unnecessary and undue hardship on the applicant or create practical difficulties for the
applicant?
Yes, the applicant’s agent states: “A literal interpretation of the provisions of the LDC work
would cause unnecessary and undue hardship on the applicant and create practical difficulties
on the applicant because a literal interpretation renders the primary structure legally
nonconforming and prevents common design modifications, like adding an accessory pool
cage with the same dimensions as the primary structure or enclosing patios. Further, in the
event of a catastrophic event, such as a hurricane, a literal interpretation of the provisions of
the LDC would result in significant hurdles in rebuilding and improving the currently
existing structure, a structure that has been in place for over 30 years.” Staff concurs.
d. 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 existing single-family dwelling has existed at its present location since its
completion in 1986. The after-the-fact portion of this request is the minimum necessary to
bring the existing dwelling unit into full compliance with current yard requirements. The
more conventional variance request is to allow for the construction of an attached one-family
screen pool enclosure that will be in line with the existing dwelling; the pool enclosure itself
will enhance public health, safety, and welfare by restricting access to the pool area by
potential trespassers. The applicant’s agent further notes that the reduced setback will
continue to allow for 10 feet between neighboring structures thereby allowing sufficient
access for fire safety.
e. 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?
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.
The applicant’s agent states the following Variances have been granted within Naples Park
3.B.a
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08162022
to satisfy setbacks for pools, pool cages, and structures: Resolution 91-250, 95-380, 99-298,
and 2020-061; see Attachment E. In addition to the above, there are variances that have been
granted in Naples Park for other structures in setbacks.
f. 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 granting of the Variance will be in harmony with the general intent and purpose of
the Land Development Code and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare. Staff notes that all the lots within Naples Park that remain
in their originally platted condition and are located within the RMF-6 zoning classification
are nonconforming with respect to lot area and width. The applicant’s agent further notes
that based upon aerial photography it appears that both neighboring properties have a pool
cage that is located 5 feet from at least one side property line. Additionally, four letters of no
objection were obtained from neighboring property owners; see Attachment D.
g. 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.?
Yes, there is a privacy fence along the western property line.
h. 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.
The applicant’s agent further states that the future land use designation for the property is:
Urban Residential. This Urban Residential Subdistrict is to provide higher densities, but no
more than 16 dwelling units per acre. As argued above, this variance is consistent with the
pattern of development that has been in the Naples Park neighborhood for over 30 years, as
evidenced by other approved variances for pools and pool cages within the sideyard setbacks.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance doesn’t impact any
preserve area, the EAC did not hear this petition.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve variance petition VA-
PL20220003470, to reduce the minimum side yard setback to 6 feet on the west and to 5 feet on
the east with allowance for a 2-foot roof overhang on both sides thereby allowing for the continued
existence of a lawfully permitted single-family dwelling and to allow a new one-family attached
screen pool enclosure to be constructed 6 feet from the west side property line so as it may be
aligned with the existing residence, as depicted in Attachment A, with the condition the applicant
3.B.a
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must satisfy requirements for the issuance of Building Permit Application No. PRBD20210841716
and obtain a Certificate of Completion upon the completion of construction for the subject pool
screen enclosure.
Attachments:
Attachment A – Proposed Site Plan/Survey
Attachment B – Naples Park Unit No. 5 – Plat Book 3, Page 14
Attachment C – Public Hearing Sign Posting
Attachment D – Applicant’s Backup, Application, and Supporting Documents
Attachment E – Previously Issued Variances
3.B.a
Packet Pg. 61 Attachment: Staff Report 08162020 (23119 : PL20220003470 VA 741 93rd Avenue North)
DocuSign Envelope ID: 8E1E6202-2588-4D4F-B99F-0826F23CBDE63.B.bPacket Pg. 62Attachment: Attachment A - Proposed Site Plan Survey (23119 : PL20220003470 VA 741 93rd Avenue North)
3.B.c
Packet Pg. 63 Attachment: Attachment B - Naples Park Unit No 5 - PB3 PG14 (23119 : PL20220003470 VA 741 93rd Avenue North)
3.B.dPacket Pg. 64Attachment: Attachment C - Sign Posting 08232022 (23119 : PL20220003470 VA 741 93rd Avenue North)
3.B.dPacket Pg. 65Attachment: Attachment C - Sign Posting 08232022 (23119 : PL20220003470 VA 741 93rd Avenue North)
3.B.dPacket Pg. 66Attachment: Attachment C - Sign Posting 08232022 (23119 : PL20220003470 VA 741 93rd Avenue North)
HEARING PACKAGE CHECKLIST
t/r?.72zo>ze3/70
74t 4so /* /
A. Backup provided bythe County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) orthe Collier County Planning Commission (CCPC). DO NOTACCEPT DUPLTCATES OF ANy DOCUMENTS. MAKE
SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BEIOW DoCUMENTATIoN. PLEASE CoNFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPIICANT."
Planner respo nsible for providins the Countv Attornev-d rafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCU MENT - STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAT PUD ORDINANCE/RESOTUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED TANGUAGE/ PROPOSED PI.AN IS THE FIRST ITEM AFTER THE
STAFF REPORTI
B. Backup provided bv plicant:
PTEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BETOW. DO NOT PROVIDE DUPTICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE TATEST, ACCEPTED/APPROVED COPY OF THE BETOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT lS lN DISARRAY-MEAN|NG tT tS NOT tN THE pROpER ORDER AND/OR THE
APPTICANT PROVIDES MUtTIPtE DUPTICATES-THE APPLICANT COU[D LOSE ITS HEARING DATE.
r' Application, to include but not limited to the following:
l1 Narrative of request
.,' Prcperty I nformation
.,/ Propefty Ownership Disclosure Form
.-- Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
-
Disclosure of Property Ownership lnterest (if there is additional documentation aside from
disclosure form)
_ Affidavit of Unified Control
-/--u i>rol-,,rn-rJv' Affidavit of neprsseatatloa
_ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
r' NIM lnformation (Sign in sheet, notes, minutes and transcript/or summary) - iAlf Zzrrf.4-
*-.ffie 3 thumbnail drives of video and/or audio /^Jft'
_ Traffic lmpact Study (TlS)
_ Environmental Data
_ Historical/Archeological Survey or Waiver
_ Utility Letter
r/Deviation lustifications Zcttarrl
Revised 5/18/2018 Provide to Agents G:\CDES Plannin8 SeMces\Cunentvoning Staff lnformationuob Aides or Help Guides
3.B.e
Packet Pg. 67 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
-/ Boundary Survey
.-- Other documents, as needed, on a case-by-case basis such as relevant prior Ordinances,
Conditional Uses, historical documents, any "private or legal" agreements affecting the pUD etc.'Vqa- Zt\ ftt-.,7_ Submerged Resource Surveys may be included here if required. ' ).w,+. gi
,/ +tastrlrive"wit+oa U oyCdt ti)9for all documentsl €zzq2-
I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. lt is the agent's responsibility to ensure no documentation is left out.
SiBnature of Agent Representative Date
Printed Name of Signing Agent Representative
Revised 5/18/2018 Provide to Agents G:\CDES Planning SeMces\Cunentvonine Staff tnformationlob Aides or Help Guides
Zachary W. Lombardo, Esq.
08/11/2022Zachary W. Lombardo
3.B.e
Packet Pg. 68 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
VARIANCE PETITION APPLICATION
Variance from Setbacks Required for a Particular Zoning District
LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90
Chapter 3 J. of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: _________________________City: ________________ State: _______ ZIP: ________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: _______ ZIP: ______
Telephone: ____________________ Cell: ___________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
CELADONGIORDAFL, LLC
Zachary W. Lombardo, Esq.
Woodward, Pires & Lombardo, P.A.
3200 Tamiami Trail N. Ste. 200 Naples FL 34103
(239) 649-6555
zlombardo@wpl-legal.com
c/o Agent
c/o Agent
741 93rd Ave. N.Naples FL 3410 8
c/o Agent
(239) 649-7342
3.B.e
Packet Pg. 69 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
PROPERTY INFORMATION
Provide a detailed legal description of the property covered by the application: (If space is
inadequate, attach on separate page)
Property I.D. Number: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
Chapter 8 of the Administrative Code requires that the applicant must remove their public
hearing advertising sign(s) after final action is taken by the Board of County Commissioners.
Based on the Board's final action on this item, please remove all public hearing advertising
sign(s) immediately.
3.B.e
Packet Pg. 70 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____
NATURE OF PETITION
On a separate sheet, attached to the application, please provide the following:
1.A detailed explanation of the request including what structures are existing and what is proposed; the
amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.;
when property owner purchased property; when existing prin cipal structure was built (include
building permit number(s) if possible); why encroachment is necessary; how existing encroachment
came to be; etc.
2.For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations,
including any dredging and filling.
3.Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing
Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a
variance petition by the criteria (a-h) listed below. Please address the following criteria:
a)Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
For the below, see Attachment 1
3.B.e
Packet Pg. 71 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
b)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 is the subject of the
variance request.
c)Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
d)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 or welfare.
e)Will granting the variance requested confer on the petitioner any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning district.
f)Will granting the variance be in harmony with the intent and purpose of this zoning code, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare.
g)Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
h)Will granting the variance be consistent with the Growth Management Plan?
4.Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No If yes, please provide copies.
3.B.e
Packet Pg. 72 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Variance
Chapter 3 J. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting Notes 1
Project Narrative
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 1
Affidavit of Authorization, signed and notarized 1
Deeds/Legal’s 1
Location map 1
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5
Historical Survey or waiver request 1
Environmental Data Requirements or exemption justification 3
Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
•Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
•Please contact the project manager to confirm the number of additional copies required.
3.B.e
Packet Pg. 73 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
Planners: Indicate if the petition needs to be routed to the following reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra
Emergency Management: Dan Summers; and/or
EMS: Artie Bay School District (Residential Components): Amy
Lockheart
Other:
FEE REQUIREMENTS
Pre-Application Meeting: $500.00
Variance Petition:
o Residential- $2,000.00
o Non-Residential- $5,000.00
o 5th and Subsequent Review- 20% of original fee
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant Signature Date
__________________________________
Printed Name
3.B.e
Packet Pg. 74 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
741 93rd Avenue, North
Woodward, Pires & Lombardo, P.A.
1 of 4
ATTACHMENT 1
Item 1:
Narrative Statement and Description of Variance Requested
The applicant requests an after-the-fact variance of 1.5 and 2.5 feet, reaching into the
sideyard setback requirements of section 4.02.01.A., Table 2.1, and section 4.02.03 of
the Collier County Land Development Code. Specifically, the applicant requests a 2.5-
foot variance into the Eastern sideyard setback for the primary structure (with a roof
overhang of 2 feet) and 1.5 feet into the Western sideyard setback for the primary
structure (with a roof overhang of 2 feet) as well as a 1.5 variance into the Western
sideyard setback for the under-construction accessory pool and pool cage. The lot is
zoned RMF-6 and is a non-waterfront, non-golf course lot. The conceptual site plan is
enclosed as Exhibit 1.
The pool and pool cage are being constructed pursuant to issued permits
PRBD20210415581 and PRBD2021041706 (this latter permit has been abandoned). For
the primary structure, there, as shown on the attached rendering, is a roof overhang of 2
feet. This is within the allowable overhang into the sideyard setback pursuant to section
4.02.01.D.8., LDC, which allows up to a 3-foot roof overhang, provided it does not come
within 1 foot of the property line. Here, a reduction of the sideyard setback for the primary
structure, which has a roof overhang of 2 feet would leave more than 1 foot to the property
line. The applicant seeks to cure the existing setback issues with the accessory pool and
pool cage and cure the non-conforming setback issues with the primary structure so the
applicant may improve its property over time within the footprint of the structure that has
been in place for over 30 years. There appears to have been an inadvertent error
committed by the contractor in permit number PRBD20210415581, which includes pool
cage in its description, but failed to include pool cage in the permit application itself.
This property is in Naples Park, where setback variances and non -conformities are
common.
Item 2 is inapplicable.
Item 3:
A. There are special conditions and circumstances existing which are peculiar to
the location, size, and characteristics of the land, structure, or building involved.
There are special conditions and circumstances existing which are peculiar to the
characteristics of the structure or building involved. The primary structure, a single-family
residential structure, was built by a prior owner in 1985–86 and was approved with a 5-
foot Western and Eastern sideyard setbacks. See p. 7 of building permit file, enclosed as
Exhibit 2. The primary structure was originally approved and built with a 2-foot overhang.
See pp. 7 and 12 of building permit file.
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Woodward, Pires & Lombardo, P.A.
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There are no special conditions and circumstances peculiar to the land. That said, the
property is located in Naples Park where there is a significant amount of legal non-
conforming setbacks.
B. There are special conditions and circumstances which do not result from the
action of the applicant, such as pre-existing conditions relative to the property
which is the subject of the variance request.
The single-family residential structure on the property was completed in 1986 by a prior
owner. When completed, the Western sideyard setback approved was 5 feet and the
Eastern sideyard setback was 5 feet, see the building permit file, enclosed as Exhibit 2.
When completed, the Western side-yard setback provided was 5 feet and the Eastern
sideyard setback provided was 5 feet. The 2-foot overhang was also approved and
provided. See pp. 7 and 12 of the building permit file. Further, the Owner hired a
contractor to construct the pool and pool cage and was unaware of any errors , if any, in
the permit process.
C. A literal interpretation of the provisions of the LDC work unnecessary and
undue hardship on the applicant or create practical difficulties on the applicant.
A literal interpretation of the provisions of the LDC work unnecessary and undue hardship
on the applicant and create practical difficulties on the applicant because a literal
interpretation renders the primary structure legally nonconforming and prevents common
design modifications, like adding an accessory pool cage with the same width dimensions
as the primary structure or enclosing patios. Further, in the event of a catastrophic event,
such as a hurricane, a literal interpretation of the provisions of the LDC would result in
significant hurdles in rebuilding and improving the currently existing structure, a structure
which has been in place for over 30 years.
D. The variance, if granted, will be the minimum variance that will make possible
the reasonable use of the land, building, or structure and which promote
standards of health, safety, or welfare.
The variance, if granted, will be the minimum variance that will make possible the
reasonable use of the land, building, and structure and which promote standards of
health, safety, or welfare, specifically, no other setback adjustments are being requested,
the 2.5 and 1.5-foot variances to the side setbacks result in the exact 5.0 foot setbacks
that were approved at the initial construction of the house and have been in place since
1986, and the pool cage is being built with the same width dimensions of the primary
structure, which, at the rear of the structure includes a 10-foot side setback on the Eastern
side setback.
Further, these variances to the sideyard setbacks will leave 10 feet or more between this
structure and the structures on the side neighboring lots to provide sufficient access for
fire safety.
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Packet Pg. 76 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
741 93rd Avenue, North
Woodward, Pires & Lombardo, P.A.
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E. Granting the variance requested will not confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings, or
structures in the same zoning district.
Of the surrounding buildings, most have pools. Further, from measurement of the aerials
on file with the Collier County property appraiser, it appears that the neighboring
properties both have a structure, a pool, and a pool cage that is, on one side, only 5 feet
from the property line. This, then, is not a special privilege, it is standard in this
neighborhood.
Further, in the neighborhood of Naples Park, in addition to the many non-conforming
pools and pool cages and structures in setbacks, the following setback variances for
pools/pool cages have been granted:
- 91-250
- 95-380
- 99-298
- 2020-061, PL20180003748
A request for additional resolutions that were not available has been made to the County
Clerk’s office. If more approvals are found, applicant reserves the right to supplement this
application to provide reference to same.
In addition to the above, there are variances that have been granted in Naples Park for
other structures in setbacks.
F. Granting the variance will be in harmony with the intent and purpose of the
LDC, and not be injurious to the neighborhood, or otherwise detrimental to the
public welfare.
Granting the variance will be in harmony with the intent and purpose of the LDC, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare. The
zoning for the property is: RMF-6.
In this zoning district, backyard pools and pool cages are not prohibited. Further, in this
particular area, many of the houses were built with 5 -foot sideyard setbacks both for
primary structures and for pools and pool cages.
Further, the neighboring lots both have backyard pools and pool cages, and the lots two
doors down in each direction have backyard pools. And, as stated, the two neighboring
pool cages appear to be, at least on one side, within 5 feet of the property line. Further,
the pool cages for the neighboring properties appear to have the same width dimension
as their corresponding principal structures.
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Packet Pg. 77 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
741 93rd Avenue, North
Woodward, Pires & Lombardo, P.A.
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Attached as Exhibit 3 is a compilation of 4 letters of no objection from neighboring
property owners as well as a graphical depiction of the location of all non -objecting
neighbors, including the sideyard neighbors.
G. There are natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation, such as natural preserves, lakes, golf
course, etc.
There is a privacy fence along the Western property line; Otherwise, not applicable.
H. Granting the variance will be consistent with the GMP.
Granting the variance will be consistent with the GMP. This variance will not affect
density, intensity, compatibility, access/connectivity, or any applicable provisions.
The future land use designation for the property is: Urban Residential. This Urban
Residential Subdistrict is to provide higher densities, but no more than 16 dwelling units
per acre. As argued above, this variance is consistent with the pattern of development
that has been in the Naples Park neighborhood for over 30 years , as evidenced by
other approved variances for pools and pool cages within the sideyard setbacks.
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Packet Pg. 78 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
741 93rd Avenue, North
Woodward, Pires & Lombardo, P.A.
Exhibit 1
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DocuSign Envelope ID: 8E1E6202-2588-4D4F-B99F-0826F23CBDE63.B.ePacket Pg. 80Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
741 93rd Avenue, North
Woodward, Pires & Lombardo, P.A.
Exhibit 2
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Woodward, Pires & Lombardo, P.A.
Exhibit 3
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Rev. 8/31/2021 Page 1 of 1
GIS PROCESSING REQUEST
(Property Notification Address Listing)
Lists do not include Civic or Homeowner Associations.
Submit completed form to DL-GMDNorthGIS@colliercountyfl.gov
Please allow 3-5 business days for your request to be completed.
NOTE: Incomplete or altered forms will not be accepted.
Request Date:
NIM Date (if scheduled):
Name of Agent/Applicant:
Business:
Telephone #: E-Mail:
PL Number (required):
Folio Number(s) of Property:
and/or PUD Name (required)
Buffer Distance Around Site Location (select one): [ ] 150’ [ ] 500’ [ ] 1,000’ [ ] 1 Mile
Properties Included (select all applicable): [ ] Internal [ ] External
[ ] Names, Addresses, and Property Descriptions Results: [ ] Names and Addresses Only
Product(s) and Processing Fees
[ ] Spreadsheet (MS Excel, Electronic)
[ ] Mailing Labels (Printed)
[ ] Spreadsheet and Mailing Labels
$70.00
$80.00 + $0.06 for every record over 1,500
$85.00 + $0.11 for every record over 1,500
Disclaimer: The data used in this request belongs to the Collier County Property Appraiser's Office (CCPA).
Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided. As
such, Collier County and its employees make no guarantees, implied or otherwise as to the accuracy or
completeness. We therefore do not accept any responsibilities as to its use.
AGENT/APPLICANT INFORMATION
SITE LOCATION INFORMATION
REQUESTED PRODUCTS
ADDITIONAL INFORMATION
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
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5/25/22, 11:20 AM Print Map
https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=TABLOID&minX=391213.448946697&minY=699443.124972902&maxX=391882.709363363&maxY=699978.533306234&layerlist=11101011111&aerials=Collier_2022&sale…1/2
Folio Number: 62762040003
Name: CELADONGIORDAFL LLC
Street# & Name: 741 93RD AVE N
Build# / Unit#: 55 / 15
Legal Description: NAPLES PARK
UNIT 5 BLK 55 LOT 15
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation.
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Packet Pg. 147 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
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Packet Pg. 148 Attachment: Attachment D - HEX Hearing Backup Materials Packet (23119 : PL20220003470 VA 741 93rd Avenue North)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
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1 RESOLUTION NO. 91- 250 MARCH 12, 1991
RELATING TO PETITION NUMBER V-90-18, FOR A
VARIANCE ON PROPERTY HEREINAFTER DESCRIBED
1 IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
125, Florida Statutes, has conferred on all counties in Florida
the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the
public, and
WHEREAS, the County pursuant thereto has adopted a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among
which is the granting of variances, and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the area hereby affected, has hold a public
hearing after notice as in said regulations made and provided,
and has considered the advisability of a 7.5 foot variance from
the required side yard setback of 15 feet to 7.5 feet as shown
on the attached plot plan, Exhibit "A" in a RMF-6 zone for the
property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement has been made
concerning all applicable matters required by said regulations
and in accordance with Section il.i.b of the Zoning Regulations6i,
for the unincorporated area of Collier County, and
If WHEREAS, all interested parties have been given opportunity
to be heard by this Board in public meeting assembled and the
Board having considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that the Petition V-90-18 filed by
David G. Gray with respect to the property hereinafter
described as:
Lots 35 and 35, Block 53, Naples Park Unit 4 Rubdiviaion,
according to Plat thereof, recorded in Plat Book 3, Page 7,of the Public Records of Collier county, Florida.
I 000 i, 58
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MARCH 12, 1991
be and the same hereby is approved for a variance of 7.5 feet
from the required side yard setback of 15 feet as shown on the
attached plot plan, Exhibit "A" of the RMF-6 zoning district
wherein said property is located;
I BE IT RESOLVED that this Resolution relating to Petition
Number V-90-18 be recorded in the minutes of this Board.
commissioner Saunders offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Shanahan and upon roll call the vote was:
AYES: Commissioner Saunders, Commissioner Shanahan, Commissioner Volpe,
Commissioner Hasse, and Commissioner Goodnight
NAYS:
V ABSENT AND NOT VOTING:
ABSTENTION:
Done this 12th day of March 1991.
ATTEST: 1.
BOARD OF ZONING APPEALS
JAMES G. GILES;, CLERK COLLIER COUNTY, FLORIDA
1 10r, Pav‘iti44, f
6pCHAIRMAN
APPROVED' As-To FORM AND LEGAL SUFFICIENCY:
g ORI M. STUDENT
0 -ASSISTANT COUNTY ATTORNEY
V-90-18 RESOLUTION
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Packet Pg. 153 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
RESOLOTION NO. 95-.1!Q.
RELATING TO PETITION NUMBER V-95~5, FOR A
VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the L'lqislature ot the state ot Florida in Chapter 125,
h~s conterred ~n all counties in Florida the power to
tablish, coordinate and entorce zoninq and such business requlations
are necessary toc the protection ot the public; and
WHEREAS, the County pursuant thereto has adopted a Land
DevelOpllent Code (O;:dinance No. 91-:.02) which establis,;.es requlations
tor the zoninq ot psrticular qeoqraphic divisions ot t'.e County, amonq
hieb is the qranti~q ot variances; and
NIIEREAS, the f!oard ot Zoninq A~lpeals, beinq the d'lly elected
onatltutec1 Board ot the area heretrJ attected, has held a public
Jaarinq after notice as in said requlations made and p~ovided, and has
c :>naidered the advisability ot a .8 toot and a 1.8 tee': variance
accessory strucl;ure frOll the requi:.ed rear yard ot
0 feet to 9.2 teet and 8.2 teet r,!:pectively, as shovn on the attached
Exhibit "A", in an RMF-E zone for the property hereinatter
and hns found as a matter of fact that satisfactory
1 ~ovision and arranq_ent have been made concerninq al.. applicablec."
u.ltters required by said requlations and in accordance with Section
7.5 ot the Zoninq Requlations ot aid Land Oevelopme'lt Code for the
u4iDcorporated area ~t Collier Cour'y; and
WHEREAS, all interested partie' have been qiven O'.o";portunity to be
hNrd by this Board in public .eetinq as.embled, and the Board havinq
CC"~idered all matte C"S presented;
NOW THEREFORE I ~ IT RESOLVED B': THE BOARD OF ZONIl G APPEALS ot
llier County, Flor .lda, that:
The Petition Oean , Kim Kleist tiled by Frank Oow~ey, representinq
Inc.:., with respect. to the property t ereinatter
Lot 4, Block 6: , Naples Park Ur'lit NO.5, as recorded in Plat.
Book 3, paqe 1., ot the Public P.ecords of Collier County,
Florida.
on. L.n ?.4Q
3.B.f
Packet Pg. 154 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
u" 2 0 _
be and the same hereby is approved for a .8 foot and a 1.8 feet
f"".
an acce.sory structure from the required rear
yard of 10 feet to 9.2 teet and 8.2 feet. respectively, as shown on the
attached plot plan, Exhibit "A", ot the RMF-6 zoninq district wherein
i. located, SUbject. to the'.followinq condit.ions:
Exhibit. "S"
BE IT RESOLVED that this Resolution relat.inq to p~t.ition Number
V-95-5 be recorded~n the minutes Ol~ this Board.
eoa.issioner M~c'Kie offered t.he fo,.eqoinq
Hancock
and .ovel for its adopti(tn, seconded by COJII.:1issioner
and upon roll call the vot.e was:
Co.missioner Mac'Kie, Commissioner Bancock~ Comm~ssioner Norris~
Co_issioner Constantine and Commissioner Matth.Js
Hone
SENT AND NOT VOTING: None
a8-l'.uf1'10N:
Done this ...?...Q.t.h_ day of 1995.llJna
f,."
JtZ1(.'}:\j~,l1TES1'~:~h~",,~ ~'c.,
f ,:" ". - . ~"~ ~ ~1."~ .,.,..':1 ~;... -:,....
nIGHT E. ~ 'BROCK';: ~ CLERK
I ,. '.
l":-1':"-:~...': :
Jr.lii ~~~~J~~
j4."..,_~e
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A.'. "
i.....,.,..~.....
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APPROVED.
AS..
TO' , FORM AND LEGAL SUFFI.;:IENCY:
r'~ Pn.~.~
c, JCj\RJ E M. STUO
ASSISTANT COUNTY A'rJ ')RNEY
C;'
11-95-5 VARIANCE RESOLUTION/lqk/1405J
l
ol
3.B.f
Packet Pg. 155 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
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3.B.f
Packet Pg. 156 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
13A 1
I(I'SO!.UI.IOS NO, ')')-298_
In:I.ATIN(i TO "HITION N\lMBER V.Qq.07.
H)I( A VAI(!.\NCE ON PROPERTY
IIElmNAFTER DESCRIBED IN CO!.LlER
Cllll"TY. FI.ORIDA,
IIEREi\S. Ih<.:: 1.I,.'gi:-;lalllrl' llr Ihe Sl;ih.' of Fh'rida in Chapler 125. Florida SIal utes.
11:1s conh:m:d (Ill all Cll11Tllk's III Fh1rlda Jill' po\\,(.':r hI cSlahlish. coordimttc anti enforce zonin!!,
and such hU5illCS~ n.:g.ul.uillllS as an: lll.:<.::cssary for the rrntcclion of the puhlic; and
WI 'El~ f::\S. the ('\1l1111Y pllfsll,ml lhl'rcln has adopted a Land De\'elopment Code
OrdindlKC ;-";0. ') 1.1 j I~) which L'slahlisl\l:s n.'~ulaliol1s for the zoning of rarticuhlr geographic
divisiolls of 1111.' ('Pllllly. at1long \dnch is !lIe !-:filllling. (lr \'arianccs; ~nd
IIEREi\S. thl' Huard llf /llllillg Appl':lls. hl.'il1l; the duly elected constituted Board of
the urea hcrehy ani:Cll'd, 11;ls held ;1 puhlic h~afil1g alh:r notice .IS in SOlid reglllations made ~md
providl'd. alld ha~ l'tlll~id(.'red lh~' ,Hhisahilily nf;l 5,S.foOI "Iler-the-fact variance from the
required ~idc ~'aHl l.n.:' kLt tu 1.7 rl'L'1 as showl1 nnthc attached plOI plan, E.xhihil "A", in an
RMF.() Z0111.: for Il\\.: pn1p1..'rly hCl"1..'malkr dl.:scrihcd, and has found 4\5 n matter of fact that
sJlisf:u.:lnry pr()\'i~I(l1l and arr:lll!;l'lllt..'111 han.' ht.'ell made concerning all applicnhle malleTS
rcqtJircd hy s,lrd rl.'!:~lIlali()I1S :md in ;lccllrdancc with Section 2.7.5 or tile ZOlling Regulations
of said I.and I k\'L'lllprnl'111 ('odc for IhL' uninctlrpornlcd ,In.'a of Collier County; and
IIEHL.\S. ,ill il1tcfeslL'd p;1I1ies l1,l\'c hecn gi\'cn opportunity to he hC;lrd hy this
Board in puhl1<: 1ll1.:..:l111:; assl:ll1hkd. and Ihe Bn.ml h;i\:illg considered all matters presented;
S()\\'I I III!I'H>I!!: Ill, IT RESOI,\'E]) IlY TI IF 1l0ARD OF ZONING APPEALS
nfC\lllil,:r ('Ollllly. f'lorid;1. Iltal'
Till' 1\:111;011 ".1)1).07 (d~.tl h~ .\nlh,)JJ: P. Pirl.'s. Jr.. Esquire. of Woodwnrc.l. Pires &
Lomh.lnln, 1'.\.. rl.'pn:s~'Dli\lg Charh.." ;\"d Shl,:';la P\.'ma. ,....ith rcsp<'c\ In the property
IH.:n:inalln dl'~<:l"Ihl'd ,IS:
Lot J(J. Blurt.; 17. Napks Park Ul1il 2. as fL'conlcd in Pial Book 2. Page 107 of
Iht.: Oflici;ll Rectlnls ofColli...:r Cll\lllty. Florida
hI.: and till' SillllC herehy is apprll\l'd rllf il 5.S-fool ;lIkr-the-fact v<lri.mcc from Ihe required
side y'ant or 7,~ Ii.:~'l tn J.7 Ji:d a~ shll\\tl nil till' ;ttl;H.'hcd plOI plan. Exhihit "A". of the RMF-6
Zoning I)istnrl \\kn,:i11 said properly I" l11l.:iltl'll. !'llhjl'l't 10 the following conditions:
his \';lri;lllt.'l' IS lilf tlh.' l'\I:->llllg Willi screened enclosure combination, as
dl'pil'tl'd IlII l:..\hihn ":\", :lIltl .~hil\l nnt cnt'l\k the applicant to ilny new additions
or COl\SltW,:llll11S wilhilllhc: rl'qulretl sid!.: Y:lnl sclhack.
3.B.f
Packet Pg. 157 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
13A 1
recorded in the minutes of this Doom!.
BE IT fH-.:S0LVED Ih.at this Resolution rcluling to Petition Number V~99-07 be
This Resolution ;adopted .\ficr motion. second ami majority vote.
Done .his ,")J. rJ2 "'
Y ore:;) ^ , , 1999,
I\TTEST:
DWIGIIT E, BROCK. Clerk
illc
Attnt u to Chlll'lllll'S
SI9llItllr.onll. ,
pprowd as to Fonn and Legal SUrliciCIlCY:
II... '.......
M:lrjoric M. Student
Assistant County A!1omcy
d""" "a' \ .'/'1_11; 1(1-"( JI \ '"t If J~
nOARD OF ZONING APPEALS
COLLIER ORIDA
P
2-
3.B.f
Packet Pg. 158 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
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3.B.f
Packet Pg. 159 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
RESOLUTION 2020 - 61
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER VA-PL20180003748, FOR A
VARIANCE FROM SECTION 4.02.01.A., TABLE 2.1 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
TO REDUCE THE MINIMUM SIDE YARD SETBACK ON
THE WEST SIDE FROM 7.5 FEET TO 4.71 FEET FOR AN
EXISTING POOL. THE PROPERTY IS DESCRIBED AS
LOT 1 AND THE EAST HALF OF LOT 2, BLOCK 28,
NAPLES PARK UNIT NO. 3, ALSO DESCRIBED AS 699
99TH AVE. N., IN SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance
from Section 4.02.01.A., Table 2.1 of the Land Development Code to reduce the minimum side
yard setback on the west side from 7.5 feet to 4.71 feet for an existing pool, as shown on the
attached Exhibit "A", in the Residential Multi-Family (RMF-6) Zoning District for the property
hereinafter described, and has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by said regulations and
in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code
for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number VA-PL20180003748, filed by Matthew P. Flores, Esq. on behalf of
Michael and Kimberly Woodyard, with respect to the property hereinafter described as:
LOT 1, AND THE EAST '/s OF LOT 2, BLOCK 28,NAPLES PARK, UNIT NO.
3, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3,
PAGE 5, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Folio No. 62634840001
19-CPS-01928/1519073/1] 14 Rev. 1/23/20
Petition no. VA-PL20180003848 /699 99'"Ave. N. (Woodyard)
1
3.B.f
Packet Pg. 160 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
be and the same hereby is approved for a variance from Section 4.02.01.A., Table 2.1 of the
Land Development Code to reduce the minimum side yard setback on the west side from 7.5 feet
to 4.71 feet for an existing pool, as shown on the attached Exhibit "A", in the zoning district
wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this 0/
1-tday of
ocC.Y‘ 2020.
ATTEST„•. .,..... BOARD OF ZONING APPEALS
CRYST4metitozyL, CLERK COLLIER COUNTY, FLORIDA
A 0)414€40°.a”
B Y,i 'By: aC
A. ;AU. ClerkVrrl Burt L. Saunders, Chairman
fi ttFe•on .
K
briiro
Approved
asl 0 form and legality:
Sam. AI al
Assistant C e unty Attorney \\,
L, "
Attachment: Exhibit A—Conceptual Site Plan
19-CPS-01928/1519073/1] 14 Rev. 1/23/20
Petition no. VA-PL20180003848 /699 99th Ave. N. (Woodyard) C A°
2
3.B.f
Packet Pg. 161 Attachment: Attachment E - Previously Approved Variances (23119 : PL20220003470 VA 741 93rd Avenue North)
Exhibit A
LOT 49 LOT 50 P.C.0 1
BLOCK 28 F.I.P. 1/2" '.I':BLOCK 28 I
N 89.57.0O" W BASIS OF BEARING "i a
LB/73J7 87.65 (R&M) PER PLAT) I z
D°
RF.
1.R. 5 8,:: i30.00(
tj
p M
N 018 1-5' PUBLC UTI TY EASEMENT-- 90Xi M3„,•;••;.•.;
w i''....:........:%%%''''''..I'
F
LOT 2 SETBAC LINETNato °
II •...._,
0:.501 29.59'rw*carwr"' a
0' 10' 20' 31,20+ 11.:T 4:i
1 inch ' 20' ft.
0.27'
rni
1
j'GAR. EL.=14.4
7.5' BUILDING 81,1-, h
SETBACK LINE I
Ij•:' j
0.0'. '
11 a "
ii j.'-'-''
OF I'o .-p1 I. .
LOT 2 5.2 `
1...
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ot7.25! 6.50' ONE STORY 60' ` `
BLOCK 283 9R CI< RESIDENCE iA a•
a'
a
699 CONC
A°••
5Yi'• DRIVE-• ' '"
t : ":
x COPING '{f . . '3.00' 5..0
12.0' •
t- -' • a
Ln m '" ., Q. '.W.
EXTERNAL FACE N. .. 1 ,p'. . rn'. ^ 8ti''• Q '.'.OF POOL COPING d_b f1),- 482' a F,F.E.-14.81 p f 1
TO PROPERTY/• O x
Imo.
1
nLIF• BRICK ~•' 1 31 V''E- .'.
LINE-. 4.82' •••••rI 03
O
4.{
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Z r I POOL 9.35'
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9.15' f
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EXTERNAL FACE
7F' z z u
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TO PROPERTY d' • ' g Y ! Q I
LINE= 4.71' e
20.00:, )}}
CD
m a Ii, Q '.' .' .':
I N I,Z N '.', 0.60' `130 ' 31.30' I .
M14.se' 20.21 I
35.68' 0 12.6' , in 12.5'
NOTE: n•
1•
I 3 m"ca
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8.M. USED: AD6300 LOT
ELEVATION: 8.96 lin
U
rn w BLOCK 28 125' BUILDING
N.A.V.D, 1988) O
NSEI9ACK LINE NVERTICALDATUM f,a.
A
SHOWN = N.A.V.D. 1986 `
x
46.91. _,
r
4 .--x
0.18' ! 4,
c
p 1•' •• 30.00'
NOTE: F.I.R. 5/8" 87.12' (R&M) R.I5/8”
BUILDING SETBACKS 4,0' ,'.'.'.1
WERE PROVIDED COLLIER N 89•57•
00u
W n r •( :•':
COUNTY
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