HEX Final Decision 2023-03HEX NO. 2023-03
HEARING EXAMINER DECISION
DATE OF HEARING.
December 22, 2022
PETITION.
PETITION NO. PL20220003811 VA — Request for a variance from Land Development Code
Section 4.02.03 D to reduce the required accessory side setback from 30 feet to 22 feet on the
west property line; and a second variance from Section 5.03.02 C.2.a to increase the required
maximum height of a fence from 6 feet to 10 feet for the proposed tennis court to be located
at Lot 7, Block K, Pine Ridge Extension subdivision, also known as 89 Mahogany DR, Naples,
FL 34108 in Section 3, Township 49 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant is requesting a total of two variance requests in order to construct a new tennis court
as an approved accessory use to the principal structure on their ±1.37-acre property. First, the
applicant is requesting a variance to reduce the side yard setback from 30 feet to 22 feet. Second,
the applicant is requesting a variance to increase the height of the fence from 6 feet to 10 feet.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
Page 1 of 5
6. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify
any request for a variance from the regulations or restrictions of the Collier County Land
Development Code.'
1. Are there special conditions and circumstances existing, which are peculiar to the location,
size and characteristics of the land, structure or building involved?
The record evidence and testimony from the public hearing reflects that the proposed septic
system, identified on the site plan, has a limited location due to existing potable water wells
on the adjacent east and west properties. The location of the proposed septic system limits
the location where the tennis court can be constructed.
2. Are there special conditions and circumstances, which do not result from the action of the
applicant such as pre-existing conditions relative to the property, which are the subject of
the Variance request?
The record evidence and testimony from the public hearing reflects that the action of the
applicant did not cause where the existing potable water wells on the adjacent properties
are located.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
The record evidence and testimony from the public hearing reflects that due to regulations,
size, and dimensions to build a tennis court, along with the aforementioned details of the
separation distance from the potable wells in the adjacent properties to the required septic
system on the subject property, the literal interpretation of the land development code will
not allow the applicant to construct the tennis court on the subject property other than the
proposed location.
4. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety, and welfare?
The record evidence and testimony from the public hearing reflects that the proposed
location of the tennis court on the west side yard minimizes the setback reduction required,
compared to possibly sitting it anywhere else available, on the property due to the
configuration of the existing principal structure residence as well as the septic system.
S. Will granting the Variance confer on the applicant any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district?
The record evidence and testimony from the public hearing reflects that Tennis courts are
a common property improvement within the Pine Ridge community. There are currently a
'The Hearing Examiner's findings are italicized.
Page 2 of 5
total of 24 tennis/pickleball courts in the area between Pine Ridge RD to the south,
Vanderbilt Beach RD to the north, Tamiami Trl N to the west, and Goodlette-Frank RD to
the east. Within the surrounding neighborhood, there are three other variances for
setbacks specifically for tennis courts:
• V-00-19; 95 Myrtle Rd. — both side yards were reduced by 8.4'
• V-94-13; 163 Eugenia Dr. — both side and front yard reduced by 20'
• PL20200002057; 132 North St. — side yard reduced by 17.5'
All current variances are more than the proposed subject property variance request of 8'
on the west side yard setback. Also, at the time V-94-13 was granted, the BCC minutes
stated that "14 of the 16 tennis courts were nonconforming and 11 of them had setbacks of
10' or less". Thus, granting this variance does not confer any special privilege for the
applicant.
6. Will granting the Variance be in harmony with the general intent and purpose of this Land
Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
The record evidence and testimony from the public hearing reflects that tennis courts are
a common feature in the Pine Ridge Extension neighborhood. Each court may improve the
property value for each residence. Regular recreational activity, in which playing tennis
provides regular exercise, is consistent with a healthy lifestyle promoted by Collier County.
Balancing between public and private activities, a resident that has a private recreational
facility provides themselves a safe, healthy, recreational activity as an option from their
home and property. The proposed location will keep in effect the health and safety of the
adjacent neighbors providing that the septic system will be at or more than the required
75 feet from their potable wells. Lastly, permitting a sufficiently high fence protects
adjacent neighbors from wayward or loose balls, reducing a possible nuisance.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The record evidence and testimony from the public hearing reflects that no natural or
physically induced conditions have been observed that will serve to ameliorate the goals
and objectives of the LDC.
8. Will granting the Variance be consistent with the GMP?
The record evidence and testimony from the public hearing reflects the granting of the
variance will be consistent with the Growth Management Plan since it will not alter the
density, nature, or single-family residential character of the subject property.
Page 3 of 5
ANALYSTS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of
the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20220003811, filed by Blair
Foley, PE of Blair Foley, PE, LLC, representing Richard Forman, with respect to the property
described as Lot 7, Block K, Pine Ridge Extension subdivision, also known as 89 Mahogany DR,
Naples, FL 34108 in Section 3, Township 49 South, Range 25 East, Collier County, Florida, for
the following:
• A request for a variance to reduce the required accessory side setback from 30 feet to 22
feet on the west property line, and a second variance to increase the required maximum
height of a fence from 6 feet to 10 feet for the proposed tennis court.
Said changes are fully described in the Survey and Conceptual Site Plan attached as Exhibit "A"
and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Survey and Conceptual Site Plan
LEGAL DESCRIPTION.
Lot 7, Block K, Pine Ridge Extension subdivision, also known as 89 Mahogany DR, Naples, FL
34108 in Section 3, Township 49 South, Range 25 East, Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. There will be no artificial lighting for the tennis courts.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
Page 4 of 5
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
Variance Request for Tennis Court Side Yard Setback & Fence Height
FOR
89 Mahogany Dr. - Pine Ridge Extension
INDEX
OF PLANS
SNEET NO.
DESCRIPTION
1
COVER SHEET
2
AERIAL PHOTO WITH CONCEPTUAL PLAN
Prepared for Owner.
3
SITE PLAN
PROJECT DATA
PROJECT NAME:
89 Mahogany Dr.
COUNTY PL NO.:
"ZONING:
RSF-1
FOLIO:
67281920007
\LOCATION:
COLLIER COUNTY, FL S 10 T49 R25
N/A
BU.LOING CODE DATA:
N/A
Richard Forman
89 Mahogany Dr.
Naples, FL
LOCATION MAP
0 I 1 ]
.EES
..Moy.,2022-'"-
September 2022 ';
LEGAL DESCRIPTION
PINE RIDGE EXT BLK K LOT 7
Blair A. Foley, P.E., LLC
Ciril Iin6ilm.r / IxmlulNncm Conuh:ml
I _n rJ..mvc N'n, 4w16 • \nlJu. 41. !lln5
Irnnc l^III n I... 14111 �1n1: N.YI11. t'na lit �I.n +N1:. P.mnil l�J.I. .�i aim
GNlllcal. 01 A,th-1 .N.n No. 9469 S"
rlanaa R.gi.ls— P,ol... 1-01 Engll— No. 53756 iuOo'
��:• ona yC,e
Nam. Dal. � �M[o <�'.�•�
89 Mahogany
Dr. (VA)
'�. IN. P
88 EUGENIA DR.00CUP
µ ZONED
EDIRSF-1 4 T 106 EUGENIA DR
t ; F - e OCCUPIED
60 EUGENIA DR. .,�L ZONED RSF-1 Tom- -'
S r h * OCCUPIED ; F"- _ • •ill7�
ZONED RSF-1
o 15 T
SCALE
a Prapoutl Perimeter Hetlge to be maintained a'-10'tai -1. t$
Estimaietl at 2 yeas Growth
Vt
a•.
. • Proposed Penmeter Hedge to be maintained B'Pemm�
10' all •'✓}�L � ' f t. _ _ _�—_•4. Proposed er Hedge tv be maintainM 6 tal
a
-r Estlmdtetl at2Yearsgrowth - �' r —
- JR'",•f ;iw fi __ ��r POTABLE _
6S MAHOGANY DR. f�'• r _
I _ OCCUPIED
ZONED RSF-1
EwsneO •` i , III MAHOGANY DR. _
POTABLE
d� :r WELL {t OCCUPIED
�y tl sr ZONED RSF-1
r'
r F as =aANT m
zo aM•e f �3
01
R
.a
MAHOGANY DR. ->i i
.> �
SETBACK TABLE RSF-1
PROPOSED R£OUIRED ' �_ •>'!'r
ACCESSORY 10' 10'
'r FENCE (N&W)
SIDE YARD (W) 22, 30'
REAR YARD (N) 31' NOTE: LIGHTING IS NOT PROPOSED FOR THE TENNIS COURT +
�y fit„
•� AM -� • - j Blair A. Foley, P.E., LLC to R,cl-dFomcm o OS
Civil Engineer/ Devclopnlent Consultant — 89 Mahogany Dr .aCr18I Phot0 with COOcept Plan ��44101 etCollier County, Florida x ��
88 EUGENIA DR.
OCCUPIED
ZONED RSF-1 106 EUGENIA DR.
60 EUGENIA DR. OCCUPIED
OCCUPIED ZONED RSF-1
ZONED RSF-1 P oposetl penmeter Hetlge tP be mantmnetl
Esumatebn 2years Growtn
1 PROPERTY LINE
SEPTIC SYSTEM
Praposetl Perimeter 11e ge to be maintainetl -10 : Proposetl Perimeter Hedge to be maimainM
Esumamd at 2 year: gmwlh ~ PROPOSED P
--- - -- - 10' FENCE J EXISTING
J roTAs�E
-
EXISTING
65 MAHOGANY DR. POTABLE
OCCUPIED wEAE
ZONED RSF-1 t _
117 MAHOGANY DR.
SETBACK TABLE REF-1
PROPOSED
REQUIRED
ACCESSORY
FENCE (N8 W)
10,
10,
SIDE YARD (W)
22,
,_30'_ --
REAR YARD (N)
31'
( 15' n )
PROPERTY LINE y �" " _ - I OCCUPIED
ZONED RSF-1
OL-.,30• /
G 89 MAHOGANY DR.
ZONED RSF-1
E-
V
SY'
0-
MAHOGANY DR.
NOTE: LIGHTING IS NOT PROPOSED F17RyTHE TENNIS COURT ✓
SCALE IN rttr
J� Blair A. coley, Y.E., LLC R,111.dF.I— � ;e,,
Civil Lngulccr/ Dccclopmcnt Consultant 89 Mahogany Dr Site Plan I
ro�+,at_rgrn.c__c.ut.ml.ev.+�HxtP.xtzP�la.t.nw.r,�.uraaxxl,,.,�1.., Collier County, Florida •'+..�