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HEX Final Decision 2023-11HEX NO. 2023-11 HEARING EXAMINER DECISION DATE OF HEARING. March 9, 2023 PETITION_ PETITION NO. VA-PL20220005310 — 10 Shell Island RD - Request for a variance from Land Development Code Section 4.02.01.A to reduce the required principal front yard setback from 50 feet to 10.29 feet for the proposed maintenance building replacement on the south property line; and a second variance from Section 4.02.03.1) to reduce the required accessory front yard setback from 50 feet to 39.62 feet for the proposed kayak cover to be located at 10 Shell Island RD, Naples, FL 34113 in Section 17, Township 51 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 GENERAL PURPOSE FOR THE PETITION. The applicant is requesting a total of two variance requests in order to replace the existing maintenance building and aluminum kayak cover to replace them with similar structures that are more resilient to future storm events. The subject property is approximately 2.18 acres consisting of an existing 1600 SF maintenance building/pole barn, kayak cover, lab building/office buildings, and gravel parking. The existing structures may benefit from replacement since they are built below the FEMA Flood Elevation. This specific request is due to the reason that the Florida Department of Environmental Protection (FDEP) received a grant that will fund the demolition and replacement of only the maintenance building and the aluminum kayak cover. 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. Page 1 of 5 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. 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.' A. 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 current maintenance building's rear setback to the property line meets the 50 foot rear setback; however, the building abuts a large mangrove fringe and waterbody between the building and the rear property line. Since the new building will be located to the southwest of the existing building, the proposed setback to the MHWL/mangrove fringe would be similar to existing conditions and the front setback from the new building to the property line is approximately 10.29 feet. 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 subject of the Variance request? The record evidence and testimony from the public hearing reflects that the action of the applicant is to replace only the maintenance building and the aluminum kayak structure. The applicant did not select the original location for these structures nor the property boundaries. The applicant is constrained by Rookery Bay to the north, the mangroves, Shell Island Rd to the south, and the east and west property line, all of which provides an unorthodox buildable area when utilizing the legal setbacks. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that the land -related hardship is due to limitations on the overall parcel size and shape, existing development on -site, and the sensitive mangroves prohibiting the buildings from being placed in a location that meets the County's front setback requirements and achieve the desired goal of our client. i The Hearing Examiner's findings are italicized. Page 2 of 5 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? The record evidence and testimony from the public hearing reflects that granting of the requested variance will not have adverse impact to health, safety, and welfare. The variance if granted will be the minimum required to allow for the site to function within its existing building footprints and will not be detrimental to health, safety, and welfare. Because of the limited footprint available for the buildable area on the subject property, the required setbacks, the existing mangroves, and the other existing structures on site, the location of the proposed replacement structures will be in a similar location and will be as minimal as possible to reduce any negative impact to the existing land. 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? The record evidence and testimony from the public hearing reflects that this is to replace the maintenance building and the aluminum kayak structure with new buildings that meet the Florida Building Code and will be in a similar location on the subject property. The variance request is from the legal setbacks only which otherwise limits the buildable area on the property itself. 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? The record evidence and testimony from the public hearing reflects that the granting of the Variance will be in harmony with the general intent and purpose of the Land Development Code and will not harm public safety, health, and welfare. The Land Development Code generally intends to allow for the types of structures and improvements that are subject of these variance requests. The Florida Department of Environmental Protection received grant funding to demolish and replace the existing maintenance building and aluminum kayak cover and replace them with similar structures. Since this will only replace of the maintenance building and the aluminum kayak structure that have existed for many years in the conservation zoning district, it will not be injurious to surrounding properties and will not be 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 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. The goals and objectives of established setbacks are not ameliorated by any natural or physical conditions present in the context of the site. To the north of the subject property is a waterway, Rookery Bay. The coastal line that creates the rear property line is not parallel with the curve of Shell Island Rd. The right -side property Page 3 of 5 line is longer than the left side property line providing only a narrow space for the existing maintenance building in the southwest corner of the property. Between the structures and Rookery Bay lies a large mangrove fringe which limits the buildable area on the subject property. The remaining buildable area is an unorthodox shape of which a good portion is consumed by the area that the mangroves exist as well as other nonconforming existing structures. H. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that approval of this Variance will not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. The GMP is silent to the issuance of a variance application and therefore the granting of the variance will not be inconsistent with the GMP. Granting the Variance is consistent with the GMP. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20220005310, filed by Robin C. Palmer, representing the Florida Department of Environmental Protection, with respect to the property located at 10 Shell Island RD, Naples, FL 34113 in Section 17, Township 51 South, Range 26 East, Collier County, Florida, for the following: • A variance from Land Development Code Section 4.02.0l.A to reduce the required principal front yard setback from 50 feet to 10.29 feet for the proposed maintenance building replacement on the south property line; and a second variance from Section 4.02.03.1) to reduce the required accessory front yard setback from 50 feet to 39.62 feet for the proposed kayak cover. Said changes are fully described in the Survey attached as Exhibit "A" and the Conceptual Site Plan attached as Exhibit `B" and is subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A - Survey Exhibit B - Conceptual Site Plan Page 4 of 5 LEGAL DESCRIPTION. 10 Shell Island RD, Naples, FL 34113 in Section 17, Township 51 South, Range 26 East, Collier County, Florida, CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. This Variance applies only to the replacement maintenance building and aluminum kayak structure as depicted on the attached site plan (Exhibit B). DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS. S. 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. April 4, 2023 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 EXHIBIT "A" MAP OF BOUNDARY SURVEY SECTION 17, TOWNSHIP 51 SOUTH, RANGE 26 EAST ' I GRAPHIC SCALE COLLIER COUNTY, FLORMA m W r I I w I I I I I I I I � sie mrz nmo mrz uo sxam rce«ure xum murrzvmrm r.�..u. uw wn. r.�urm s. ri oF� 13 I I I I rc� ' I I I � ei mms wxxun. zua mwr. nomr xo mm g I die pj I m '" italNsi9nee QW-P, eDonaldwG Miller-726 EXHIBIT "A" EXHIBIT "B" REPLACEMENT POLE BARN AND KAYAK COVER DISTRICT 4 COLLIER COUNTY SECTION 17, TOWNSHIP 51 S, RANGE 26 E APPLICABLE CODES AND DESIGN DATA ROOKERY BAY RESEARCH RESERVE PROJECT # RBF1052 SCOPE OF PROJECT DESIGN A POLE BARN AND KAYAK COVER DAMAGED BY HURRICANE IRMA. CONTRACTOR SHALL PROVIDE ALL MATERIALS, TABOR, EQUIPMENT, PERMITTING, AND SUPERVISION NECESSARY TO SUCCESSFULLY REPLACE THE EXISTING POLE BARN AND KAYAK COVER AT ROOKERY BAY RESEARCH RESERVE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. RPo hence to �rtng DISTRICT 4 Project Location INDEX OF DRAWINGS G100 COVER SHEET G101 CIVIL GENERAL NOTES C102 STRUCTURAL GENERAL NOTES C100 2019 AERIAL PHOTOGRAPH C101 EXISTING CONDITIONS & DEMO PUN C102 BEST MANAGEMENT PRACTICES & DETAIL PUN C103 SITE PUN C104 FLUCCS MAP SIOO GARAGE FOUNDATION PLAN S200 GARAGE FLOOR PLAN S201 STORAGE PUN & ELEVATIONS S300 GARAGE ELEVATIONS AND BUILDING SECTION E100 GARAGE ELECTRICAL PUN lams !xR AscE �-1R1: &5C OSFEFD(W9J1) vpu[. emrt,wx ru N1m (/)(1 AFE SECGND GUESD NFH *wN w�wr� w, w•xw rixxxE xEEx xcnxc �/) NPN OeSrNeR Digitally signed �«) Robin C.byRobinC. wxoow PGHnNGE Fwcro 20045.00007c °•° WNDDW FNPowRE Palmer (M 1)'... -SURE °" xA• •+��°� INIFAWL PREswRE —CUT (R) : 01R/F01R (D—) WNPoNENIS & GUDDNG wr0 PREssUREs PER — N , / Palmer Date: 2023.01.10 °°'" '"°"` 0,�- 3t. ,.w u 15:15:59-05'00' Robin c. Palmer REFER PD PREAxINNUFACINRO RJUNG PUN SR ProfessionEngineer State of f Flonda Registration No. 90050 ° Division of Recreation and Par -Ks Bureau of Design and Construction °,•�wE• w,,.•°e EXHIBIT "B" T. MA2M x. mrawi.�:nd°"xu . o.o uiuuu�"n�x°".CM G101 I GRAPHIC SCALE YaC4S� / ems_ DEVELOPMENT STANDAPDS (EXISTING CONDITIONS) (IN FEET) �zC LEGEND -E (ww °,) 9a q 0 mew 4 An a Q C 1. g9 x ­ >e mcwom �x mPo 7. O SE ux� xkes ax axnsac nnc ms G S i u x er %. me comwc*oE �s 1— ' e My! �x P.. rtm ._, Px�xx,E F € €tl m I,r'm� •a,Ei 6E s �_..o cws,w��x ,xe rw�x�a oe ��aZ�hax�sE'�� 8m�so1 s8 8 s $S ww� a.waex. a Exm�ixc .ro mE nc c4 wwccx. -zuc ovzss omemnse avmim zs mz —1 r X. mn a zxru ez I.-L. .vwrz o x x ,l), x me c..xo o uJ noe..mE <oia u eaoaox °ox= sn,E. lT"-1 .aK El'Er1,o a 'u5 a C 1 o 1 PROPERTY (4) �ECENo_sL*`EE m-11 BOUNDARY GRAPHIC SCALE ICA op for PROPERTY ; A7 BOUNDARY f.7: C102 '✓ °p � � LEGEND U GRAPHIC SCALE ✓ ° " � ^ � 4 . T� >3fE OENEHAL NOTES w o 0 [: w RR XWaPPR�0 .« u « �« R max NLX 'A ✓ " „ ""'"` '.4I3\ \ * T«E m,«RA°TOR ,wnr T«E ET..- P of T«ESE s°wno«s .s _ O gV%0 u .. R .« e i Si .« . R111— .. E °o«sue°E«oR O — — —T—C111. -El °R °.« 11— PoM °L M a°s T° °°_°L ER_ �i . " ✓f / . " . f . LL.I� xs. --°Rui °E«a u,° I C—I € A E « ° T°° ,ate " °«« _ µo%a uNGTT IIE o�° °RR �e IE'.a PAPMo.E oAA«.�E A.A. FR«M =<R°1TUR6 oa o ° °N E .' «E nR° u11 o R , E °° R °R T «_.° n T° °°s. Q i 1. nuµLP.I. wourt E.1 .mxs s�iuu SP caRn uoP—E�o� s rmm mE ESE g . . " .r TSHE GENF3iAL DATA: ; gi$wgF �Hi p' DEVELOPMENT STANDARDS (PROPOSED CONDITIONS) (IN FEET) BUILDING LIIN IMPERVIOUAPERVIOUS CALCULATIONS: OW 3 (aew sww � �p C103 4-i t a n STEEL PILE / GONG. CAP DETAIL j a� m TYPICAL SECTION TEEL SHEET PILE m6 mt m--- •�� A 4 �aa� 1] � € E rvv.rcrvsew�wwa W �I 1W C ' �l �\\o u•�uxee » "-M� u sw�•mmemntmn®��u'R �¢ �m r• 17 KO T� I ' .\�\\ F F k r \ POOTER SECTION wwe.n cm.cmn..em. k NOTE: a FOUNDATION PLAN n_ _•• .® "'MP s WALL AND ROOF ZONE ...• r:r.,:. ^+v •,^+ r.•• ,,.,.v.,e.. v<m r.>e,_ ,e a . O O x. rer ros awro.E raxE.mx .. c,e r,e --- -ea 00 n WIND PRESSURES 7 1 .,. II�I�Ir 1.1�11 , I��II I��II m 1�111 1��Iv a 1111 yue AAlEA CALCULATIONS s' Kam,imWY+a, FLOOR PLAN m, n MEZZANINE PLAN n IX91frsa1LYltiP, 8 P.r.1faM WN&61TP, -11 8 ��EFlEFa 9Wl xor PAX tMu 6PefpEfa tO PAX MIIAI mwewni me.=mn..em. AVY1E1G11t 11iPl x 'PoSIUY SrPI4N1PB1d2 ttd iF6,IE uYLL � StipS Ar n' Ot. Hdx, pwELE i W wt P.rsrAiP .Sdxd�wuare.n. ,� A s�-iPdpss Ae. STAIR SECTION m riramt� N.r9. faCf21E fO01ER o 0 0 0 0 0 0 0 WALL I.... I ZONE LONG ELEVATION , SHORT ELEVATION , WIND PRESSURES CAVEf�D STORAGE COVERED STORAGE SECTION sie .i o ----------------- AREA CALCULATIONS N xwo.e+bna=nom I "" I --- :N COVERED STORAGE FOUNDATION PLAN �. COVERED STORAGE PLAN I 11 IM III I MININIVENININimi ----- Nil ILI imi EMM MXM dab E 1 ip 8---------------- C tl4tl�� yu.iraua� ma��r � � I' �mw+Krcu II -- ELECTRICALS u LEGENDEMYgym. ,Y.' IV �a 2~ �__________�=_ j-_ _ a _ L F O aZ WYK 6 "a ELECTRICAL PLAN n MEZZANINE ELECTRICAL PLAN ra �° ° �•� •°° Rs ELECTRICAL R15ER w „........M'