HEX Final Decision 2023-16HEX NO. 2023-16
HEARING EXAMINER DECISION
DATE OF HEARING.
May 11, 2023
PETITION.
Petition No. VA-PL20220008529 —13451 Snook Circle - Request to allow a new casita that
was built closer to the property line than allowed by reducing the required front yard setback
from 15 feet to 10.1 feet on the northern property line along Snook Circle with a variance
from Exhibit B of Ord. No. 07-85 for the Naples Motorcoach Resort Commercial Planned
Unit Development (CPUD), as specifically amended by HEX No. 20-21, on a f0.11-acre
property located at 13451 Snook Circle, also known as the East Half of Lot 36 and All of Lot
37, Naples Motorcoach Resort subdivision, in Section 3, Township 51 South, Range 26 East,
Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner is requesting the approval of a variance to allow the encroachment of seven on one-
half (7.5) square feet into the setback and reduce the required front yard setback from 15 feet to
10.1 feet to allow for the continued existence of a new casita that was built closer to the property
line than allowed.
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.
Page 1 of 5
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. There were twenty (20) letters
of support of the Petitioner's request for the variance.
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.I
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 original set of
plans for the casita showed a 15 foot front yard setback. A revised set of plans, which were
the plans used in the actual construction, showed a 10 foot setback. Given the orientation
of the casita to the front setback line only a small corner, estimated at 7.5 square feet of
the casita's floor area encroaches into the setback. The applicant has 20 letters of support
for the variance from neighbors and the Architectural Review Committee (ARC) of the
Homeowners Association (HOA).
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 contractor is
an extension of the applicant and made a mistake that was not caught until a review of the
spot survey. As noted elsewhere, the total encroachment of the casita is approximately 7.5
square feet of floor area.
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 a literal
interpretation of the Land Development Code (LDC) would require the applicant to move
or remove/demolish the structure and start anew. Per the applicant, one year, and more
than $87, 000 have been spent on the casita to date. Aside from the encroachment, the casita
conforms to LDC requirements and building code requirements and is compatible with
other such structures within the PUD. The applicant has supplied 20 letters of support for
allowing the casita to remain where it is with the general sentiment that it is a positive for
the aesthetics of the neighborhood. Removal/replacement of the casita would result in a
period of messy disturbance to the neighborhood as the casita was removed and replaced.
When the encroachment was discovered, the contractor attempted to retain the services of
a company capable of moving the casita and slab in one movement. Being shortly after
Hurricane Ian, the contractor was unable to have anybody look at and estimate the job.
'The Hearing Examiner's findings are italicized.
Page 2 of 5
There is a ban on construction within the PUD beginning on December I st and April 30th
of each year which led to the decision to finish the exterior shell of the casita while the
variance was being pursued.
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 northwest
corner of the casita is the only part of the structure that is encroaching into the setback.
The contractor estimates that the total encroachment of the casita into the setback is 7.5
square feet.
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 LDC § 9.04.02
allows relief through the variance process for any dimensional development standard. By
definition, a variance bestows dimensional relief from the land development code
regulations to a specific site. 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. However, each variance is treated on its merits and there should be no assumption
that a similar variance would be granted.
6. Will granting the Variance be in harmony with the general intent and purpose of this Land
Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
The record evidence and testimony from the public hearing reflects that the granting the
variance will be in harmony with the general intent and purpose of the LDC as only a small
corner of the building encroaches. The variance will not be injurious to the neighborhood
or otherwise detrimental to the public welfare. The applicant has submitted 20 letters of
support, including the neighbor directly on the other side of Snook Circle, one of the
abutting neighbors, and the ARC of the HOA. On the contrary demolition of the casita
would create noise, dust, and debris; with a rebuilding adding the normal disruptions from
construction.
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 impact the goals, objectives, or
intent of the Growth Management Plan (GMP) or LDC.
Page 3 of 5
8. Will granting the Variance be consistent with the GMP?
The record evidence and testimony from the public hearing reflects that the GMP does not
address individual variance requests related to dimensions. Approval of this variance will
not affect or change the requirements of the GMP with respect to density, intensity,
compatibility, access/connectivity, or other applicable land use provisions except for
permitting an encroachment of an accessory structure (casita) into the front yard setback.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of
the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20220008529, filed by Dave and
Diane Schwerin with respect to the property described as 13451 Snook Circle in the Naples
Motorcoach Resort Commercial Planned Unit Development (CPUD). The CPUD abuts the south
side of U.S. 41 and is a little over 4,000 feet southeast of the intersection of U. S. 41 and Collier
Boulevard, for the following:
• A variance to reduce the required front yard setback from 15 feet to 10.1 feet to allow for
the continued existence of a new casita that was built closer to the property line than
allowed.
Said changes are fully described in the Boundary Survey attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Boundary Survey
LEGAL DESCRIPTION.
13451 Snook Circle, also known as the East Half of Lot 36 and All of Lot 37, Naples Motorcoach
Resort subdivision, in Section 3, Township 51 South, Range 26 East, Collier County, Florida
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 4 of 5
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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"
�cwD
cA.
_ PTSRn oxEA
m un av
muaK-r rux Nmn1
®E 1FP aEINaR/
®- CAea: N eDtt
A- nR x,a T
#-vm—
W T P¢L
A/e A sS
APPAOrNiC
- eEHN6YAN(
(xSJ - e.Ve r! RMNm
(aALOC7 � auatAim
ac uwApr
C� - 04CiE1E
cn — crawl °�'uunm rwmir
EOP - ONE DF PAwllaa'
err _ rwmalr
- r><em RaoN arvAnu
MO - ICIMI
LHE - IIAOSCIPE BIiSm EASYDR
_ IA�E�xwx,a,w,¢ cA�r
NAWY - NORnI NEAI•NI
AWIIGL OAIIM 610m
xcav-��naxw<attcne
NwT- xAs. as rwa L TACK
- UT
PC - - 6 aRJANIE
PD' - PaLNe1T COxa10_ wr
W - MPS>a o. Lwa aww.vol
0 POrlrro� �-
OO PP -
Pr1 - PF1YArHf R6FADVS
Pms tµaxr
iPL- PA�daxT
L - na1C a1u�sAmlmr
p/P - nA� vvrt
swz ;M— —T
II
2
a
o�o
SCALE: 1" = 20'
SITE SM
EL 5.46 NAVD88
AID PK ML SNOOK CIRCLE
— C/L —
Encroachment
36.59' S 89*23 .50'
24' R/W
PCP
_ C/L— FND
POB S 89'23'14" E 193.90'
NE COR.
p ✓\ . JCL
ryry 4,
LOT 35
r
AST 1 / LOTS 37- a�
EST 1 / LOT 36 y j J'O LOT 38
LOT 36 i- /" > `� ^5
/ � C9 /
STATE OF FLORIDA)
COUNTY OF COWER)
I, Dennis M. Portdla, Sr., a Registered Land Surveyor In the State of Florida,
hereby certify that the foregoing plat represents a survey of the hereon
described premises:
That a survey of the above described property was made under my direction
and meets the Standards Of Practice as per Chapter 5J-17.052(2) Florida
Adminlstrative Code, pursuant to Section 472.027. Florida Statute: There are
no viable encroachments other than shown, no easements or claims of
easements of which we have knowledge. No title search has been made by
the surveyor. No attempt has been made to locate footers, structures.
utilities or cametarlen beneath the surface.
Street Address Is 13451 SNOOK CAR., Naples, FL 34114
Bearings are based on per plat
Property Is In Flood Zone AE (E). 7 novd88) per F.I.R.M. Panel 120067.
12021•C• 0612'H% dated 05/16/2012
DENNIS M. p NN5M PORRTELLA5R. o FT
PORTELLA SR. °Soo 02211.'01537:°° No 4t �X.
Dennis M. Partdla, Sr. PLS #4504 d�
Not valid without the signature ."e�.�,4rt 0
and the original embossed raised Seal '<D SS5J33"`
of the Florlda Ucensed Surveyor and Mapper
W
_ VERSE 0 8^GApRpN p
31'
UN�BO
PRIVACY WALL
N 89'23'55" W 52.51'
BLOCK J, HENDERSON CREEK PARK 1ST ADDITION
P.B. 8, PG. 41
DESCRIPTION OF PROPERTY DESCRIPTION OF PROPERTY SURD
THE EAST HALF OF LOT 36 AND ALL OF LOT 37, NAPLES
MOTORCOACH RESORT, AS RECORDED IN PLAT BOOK 49, PAGE
35 -40 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHEAST CORNER OF LOT 37. NAPLES
MOTORCOACH RESORT, AS RECORDED IN PLAT BOOK 49. PAGES
35-40. OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID LOT 37, SOUTH 30
DEGREES 36'40' WEST, A DISTANCE OF 107.42 FEET TO A
POINT ON THE SOUTH BOUNDARY OF SAID PLAT; THENCE ALONG
SAID SOUTH BOUNDARY, NORTH 89 DEGREES 23'55' WEST, A
DISTANCE OF 52.51 FEET; THENCE NORTH 30 DEGREES 36'46'
EAST, A DISTANCE OF 107.43 FEET TO A POINT ON THE
RIGHT-OF-WAY OF SNOOK CIRCLE (TRACT -R-) OF SAID PLAT;
THENCE ALONG SAID RIGHT-OF-WAY, SOUTH 89 DEGREES
23'14' EAST, A DISTANCE OF 52.50 FEET TO THE POINT OF
BEGINNING..
REVISIONS
TO SHOW CASTA
PREPARED FOR:
DIANE SCHWERIN TRUST
MARVIN DEVELOPMENT
PORTELIA do ASSOCIATES, LLC I.B/ 7304
23B4 UNWDOD AVE. NAPLES, FL 34112
SCALE 1'- 20' (239) 775-8511
DATE OF BOUNDARY SURVEY: MARCH 17. 2022
cA - mf1aLK
MM
TnaK M lS
- Unl tt UK
wo w sl
0 MUMMA oUIMOUl/
was wMU,
me WATERlelnl
A- me nmsxr
aKK
Ai``;�r
... I,, QUA,a r
MA_�a
_�MW
(eu1 _ am a or a wa
(aKn aVa =I, C40W
a
Comic _ 034 c uore.ort
c CD) - u.•aoir
- mu Hai r
OW MY
a wa
M _ ��a Asa
RMAWO
Gw ftr
LMA.= ,
rA�
WMW aCw � M=
.Awm - MCAPIwee DCM. OF ISM
ea aa. Is e,aa 421
N&Tm MU. a Ms. L TO Ao
rw - rM`ONiwri Oranv�AluK _
KS In �GILM- UlmmD
OO P �Poo mw PONT OF Pam,o,r
PP M
Pau - �A � noeaaa
Pwr - Ptiwi�wcu rn
'P=. - ewc u,un rAm1oa
_ In MA a vAx¢
nn oaa Po A
'f wc mcwua rwmar 1a _ snusr msa
"A _ TwIcx�mm rwvar
STATE OF FLORIDA)
COUNTY OF COWER)
0�0
SCALE: 1" = 20
PCP
FNa PN NNL
O
LV
36.59'
yr
LOT 35 oAD
_ �rm
T 1
EST 1 / LOT 1.3 E
/ LOT 36
I, Dennis M. Portelta. Sr., a Registered Lond Surveyor In the State of Florida,
hereby certify that the (oregoing plat rcprevmty a survey of the hereon
described promises:
That a rvey of the shave desabed property was mods undo my direction
and meets the Standards O1 Practice as per Chapter 5J-17.052(2) Florida
Administrative Code, pursuant to Section 472.027, Florida Statutes. There are
o viable encroachments other than shown, n casements or claims of
n casements of which we have knowledge. No title search has been made by
the surveyor. No attempt has been made to locate footers, structures,
Street Address In 13451 SNOOK CIR., Naples, FL 34114
Bearings arc based on per plot
Property is in Flood Zane AE (O. 7 navd88) per F.IRy. Pond 120067,
12021'C' 0612'H�, dated OS/16/2012 �•
DENNIS M. My�E�nbyOeNNls o 4
SILCr�,)Is .
PORTELLASR. _.0drMoxz,aaaoayses ; A som
01
mmmmmm
F4504 Q
Dennis M. Portdla, Sr. PLS j4504 y .Fj�
Not valid without the signature . fb�47 ., 5'
and the original embossed raised Seal �D 444TTT_��
of the Florida Licensed Surveyor and Mapper . .
/
SITE BMmmmmmmm
EL 5.46 NAVD88
SNOOK
— C/L
N 89'23'55" W 52.51
CIRCLE 24 R/W
P08
NE COR,
52.50' LOT 37
FNO N/T
e
_ 4- � Roai•Q veG!!H(�
� Q• 7 q �
LOT
3T VL oR 9 ��: �neh
CO LOT 38 5
w /
p 8_1BONp
S 89'23'14" E
CH
/
0c(f:Cl�
J:7'1 C
3�0/23
/7?i 3
BLOCK J, HENDERSON CREEK PARK 1ST ADDITION
P.B. 8, PG. 41
THE EAST HALF OF LOT 36 AND ALL OF LOT 37, NAPLES
MOTORCOACH RESORT, AS RECORDED IN PUT BOOK 49, PAGE
JS -40 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BECNAT THE NORTHEAST CORNER OF LOT 37, NAPLES
MOTORCOCOACH RESORT, AS RECORDED IN PLAT BOOK 49, PACES
35-40, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA;
THENCE ALONG THE EAST LINE OF SAID LOT 37, SOUTH 30
DEGREES 36640• WEST, A DISTANCE OF 107.42 FEET TO A
POINT ON THE SOUTH BOUNDARY OF SAID PLAT; THENCE ALONG
SAID SOUTH BOUNDARY, NORTH 89 DEGREES 23'55" WEST, A
DISTANCE OF 52,51 FEET; THENCE NORTH 30 DEGREES 36146•
EAST, A DISTANCE OF 107,43 FEET TO A POINT ON THE
RIGHT-OF-WAY OF SNOOK CIRCLE (TRACT •R') OF SAID PLAT;
THENCE ALONG SAID RICHT-OF-WAY, SOUTH 89 DECREES
23'14' EAST, A DISTANCE OF 52,50 FEET TO THE POINT OF
BEgNNING..
'
193.90
PREPARED FOR:
DIANE SCHWERIN TRUST
�� REVISIONS �� BOUNDARY S1IRVEY oRDdRdD Dr. 1
` � MARVIN DEVELOPMENT
CASITA SLAB pORfELLA 8 ASSOCIATES, Li.0 LH/ 730
2364 DNW000 AVE NAPLES, FL 1411
SCALE: 1•� 20' (239) 775-6511
SURVEY: MARCH 17. 2022