HEX Agenda 11/09/2023Collier County Hearing Examiner Page 1 Printed 11/2/2023
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
November 9, 2023
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 Ailyn.Padron@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.
November 2023
Collier County Hearing Examiner Page 2 Printed 11/2/2023
1. Pledge of Allegiance
2. Review of Agenda
3. Advertised Public Hearing
A. Petition No. BDE-PL20230006177 - 220 Barefoot Beach Blvd – Request for a 31-foot boat
dock extension from the maximum permitted protrusion of 20 feet for waterways greater
than 100 feet in width to allow construction of a boat docking facility protruding a total of
51 feet into a waterway that is 290± feet wide. The subject property is located at 220
Barefoot Beach Boulevard and is further described as Lot 1, Bayfront Gardens, in Section
6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: John Kelly,
Planner III) (Commissioner District 2)
B. Petition No. VA-PL20230003394 – 1231 15th Street SW - Request for a 41.2-foot variance
from the Land Development Code Section 2.03.01.B.1.b.4 to reduce the required minimum
100 feet separation distance from the adjacent residence to the north to 59.8 feet for an
existing permitted accessory shelter for horses on the subject property described as the
south 150 feet of Tract 10, Golden Gate Estates, Unit No. 193 subdivision, located at 1231
15th Street SW, Naples, FL 34117 in Section 17, Township 49 South, Range 27 East, Collier
County, Florida. (Coordinator: Sean Sammon, Planner III) (Commissioner District 5)
C. Petition No. NUC-PL20230011674 – 68th Street S.W - Naples Christian Academy - Request
for a change to a non-conforming use pursuant to Land Development Code Sections
9.03.02.D and 10.03.06.V to allow a K-8 private school use to replace a fitness center use.
The subject property is 5.19+ acres and located at 6800 Golden Gate Parkway, on the
southwest quadrant of Golden Gate Parkway and 68th Street S.W., approximately one-half
mile west of the I-75 and Golden Gate Parkway interchange, in Section 30, Township 49
South, Range 26 East, Collier County, Florida. (Coordinator: Nancy Gundlach, Planner III)
(Commissioner District 4)
4. Other Business
5. Public Comments
6. Adjourn
11/09/2023
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Doc ID: 27070
Item Summary: Petition No. BDE-PL20230006177 - 220 Barefoot Beach Blvd – Request for a 31-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow
construction of a boat docking facility protruding a total of 51 feet into a waterway that is 290± feet wide. The
subject property is located at 220 Barefoot Beach Boulevard and is further described as Lot 1, Bayfro nt Gardens, in
Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: John Kelly, Planner III)
(Commissioner District 2)
Meeting Date: 11/09/2023
Prepared by:
Title: Planner – Zoning
Name: John Kelly
10/20/2023 9:02 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/20/2023 9:02 PM
Approved By:
Review:
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/24/2023 4:23 PM
Operations & Regulatory Management Michael Stark Review Item Completed 10/27/2023 4:09 PM
Zoning Ray Bellows Review Item Completed 10/27/2023 4:59 PM
Zoning Mike Bosi Review Item Skipped 10/31/2023 2:47 PM
Zoning Mike Bosi Division Director Completed 10/31/2023 2:51 PM
Hearing Examiner Andrew Dickman Meeting Pending 11/09/2023 9:00 AM
3.A
Packet Pg. 3
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 1 of 8
October 19, 2023
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: NOVEMBER 9, 2023
SUBJECT: BD-PL20230006177, 220 BAREFOOT BEACH BOULEVARD - FENNEMAN
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Craig E Fenneman Revocable Trust Jeff Rogers
Craig Fenneman Turrell, Hall & Associates, Inc.
2902 E Morgan St. 3584 Exchange Ave.
Martinville, IN 46151 Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 31-foot boat dock extension from the maximum permitted protrusion of
20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code (LDC) for
waterways greater than 100 feet in width to allow a boat docking facility protruding a total of 51
feet into a waterway that is 290± feet wide, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 72 Southport Cove and is legally described as Lot 1, Bayfront
Gardens, in Section 06, Township 48 South, Range 25 East, Collier County, Florida. (See location
map on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject 0.26± acre property is located within Tract H, a residential component of the Lely
Barefoot Beach Planned Unit Development (PUD). The petitioner desires to replace an existing
dock that was severely damaged by Hurricane Ian with one designed to accommodate a single
boatlift for a 30-foot vessel and a kayak float. The property has a 137-foot natural mangrove
shoreline that necessitates which would allow a dock facility to protrude up to 20 feet from the
most restrictive point of measure and requires 15-foot side/riparian setbacks. As a result of the
mangroves and existing water depths, the proposed dock facility will satisfy the setback
requirements but protrudes 51 feet into the 290-foot-wide waterway. There will be no impacts to
navigation or submerged resources.
3.A.a
Packet Pg. 4 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 2 of 8
October 19, 2023
3.A.a
Packet Pg. 5 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 3 of 8
October 19, 2023
SURROUNDING LAND USE & ZONING:
North: Lely Barefoot Beah HOA multi-family dock facility within the Lely
Barefoot Beach PUD
South: A single-family residence located within the Lely Barefoot Beach PUD
East: Little Hickory Bay, located within the Lely Barefoot Beach PUD
West: Barefoot Beach Boulevard (Right-of-Way), then a single-family residence
located within the Lely Barefoot Beach PUD
Collier County GIS
ENVIRONMENTAL EVALUATION:
Environmental Planning staff has reviewed this petition and has no objection to granting this
request. The property is located adjacent to Little Hickory Bay. The proposed docking facility
will be constructed waterward of the existing shoreline. The shoreline contains mangroves with
existing access through the mangroves. A submerged resources survey provided by the applicant
found no seagrasses in the area of or extending 200 feet beyond the proposed docking facility.
Exhibit Sheet, 5 of 7 of the site plan, provides an aerial with a note stating that no seagrasses were
observed within 200 feet.
3.A.a
Packet Pg. 6 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 4 of 8
October 19, 2023
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.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether 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.)
Criterion met. The subject property is improved with a single-family residence within a
residential component of a PUD. The proposed dock facility comprises a single boatlift for
a 30-foot vessel and a kayak float.
2. Whether 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 establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
Criterion met. The petitioner states that the boat dock extension is necessary to
accommodate the owners’ vessel because the natural mangrove shoreline and the existing
water depths are too shallow to moor the vessel at Mean Low Tide. Based on Attachment
A, plans sheet 04 of 07 (Cross Section AA), staff concurs.
3. Whether the proposed dock facility may adversely impact 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.)
Criterion met. The proposed dock facility does not intrude into any marked or charted
navigable channel and is near the terminus end of the bay with little navigation other than
for neighboring properties.
3.A.a
Packet Pg. 7 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 5 of 8
October 19, 2023
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The subject waterway is 290 feet wide at the narrowest point, and the
proposed protrusion is 51 feet or 18 percent of the waterway. The distance between the
subject and the nearest dock facility on an opposite shore is 207 feet; therefore,71.38
percent of the waterway remains open for navigation at the narrowest point.
5. Whether 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.)
Criterion met. The proposed dock facility will exceed the required side/riparian setback of
15 feet by providing 51 feet to the north and 60 feet to the south riparian lines; said dock
has been designed not to interfere with neighboring dock facilities.
Secondary Criteria:
1. Whether there are special conditions not involving water depth related to the subject
property or waterway that justify the proposed dock facility's proposed dimensions
and location. (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.)
Criterion met. The subject shoreline is natural, not hardened, and supports a mangrove
fringe. Florida Statutes permit minimal trimming; however, the dock protrusion permits
the preservation of the majority of the mangrove fringe.
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.
Criterion met. The applicant’s agent states: “The proposed docking facility has been
minimized to the fullest extent possible and still provides sufficient deck area for routine
maintenance, safe access, and recreational activities like fishing and kayak access. The
total over-water square footage is 543 square feet.” Staff concurs.
3. For single-family dock facilities, whether 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.)
Criterion met. The subject property has 137 feet of water frontage, and the dock facility
has been designed for mooring a single 30-foot vessel in addition to kayaks. For the
3.A.a
Packet Pg. 8 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 6 of 8
October 19, 2023
purposes of this section, the proposed vessel will account for 21.9 percent of the property’s
waterfront.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The property to the north is a multi-family boat dock facility and the land's
contour changes to the south. The existing mangrove fringe obstructs the view of Little
Hickory Bay from the first floor of residences; therefore, the proposed dock facility will
not have a major impact on the view of neighboring properties.
Google Earth
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey indicates no seagrass beds exist within
200 feet of the proposed dock. No seagrass beds will be impacted by the proposed dock
facility.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion is not applicable. The provisions of the Collier County Manatee Protection Plan
do not apply to single-family dock facilities except for those within the seawalled basin of
Port of the Islands; the subject property is not located within Port of the Islands.
Staff analysis finds this request complies with all five of the five Primary Criteria and five of the
six Secondary Criteria, with the sixth criterion being not applicable.
CONCURRENT LAND USE APPLICATIONS:
None.
3.A.a
Packet Pg. 9 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
BD-PL20230006177 – 220 Barefoot Beach Blvd Page 7 of 8
October 19, 2023
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. If the Hearing Examiner approves the petition, the
applicant shall be advised to proceed with construction at their 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
BD-PL20230006177 allow for permitting and constructing the proposed dock facility as depicted
in Attachment A.
Attachments:
A. Proposed Dock and Related Plans
B. Plat
C. Public Hearing Sign Posting
D. Applicant’s Backup - application and supporting documents
3.A.a
Packet Pg. 10 Attachment: Staff Report 10192023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
X -2.
1 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.323988<> LONGITUDE:W -81.841255SITE ADDRESS:<> 220 BAREFOOT BEACH BLVD BONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg LOCATION MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDLOCATION MAP48-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.bPacket Pg. 11Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
NESW0153060SCALE IN FEETSITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg EXISTING DOCK 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDEXISTING DOCK48-------------------02 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"BENCHMARK LAND SERVICES, INC"08-12-22-0.55'+0.01'137'144290'LITTLE HICKORY BAYEXISTING DOCKBOUNDARY LINEEXTENSIONBOUNDARY LINEEXTENSIONMANGROVE LINEPROPERTYLINE / MHWLTOP OF BANK26'4.6
'PROPERTYBOUNDARY72'120'104'137'BAREFOOT BEACH BLVD21'EXISTING12'X12'LIFT5'3.A.bPacket Pg. 12Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
X -2.1p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg 9/20/2023NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg PROPOSED DOCK 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDPROPOSED DOCK48-------------------03 OF 07PILE COUNTTYPESIZEQUANTITYWOOD DOCK PILE10"17LIFT PILE12"4SITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134LITTLE HICKORY BAYPROPOSED DOCKPROPOSED13K BOAT LIFTPROPOSEDKAYAKFLOATBOUNDARY LINEEXTENSIONBOUNDARY LINEEXTENSIONMANGROVE LINEPROPERTYLINE / MHWLTOP OF BANK29'12'12'20'10'5'137'AA0424'6
'
43
'APPROX. 25%WIDTH OFWATERWAY51
'51'60'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL/PROPERTY LINE:"BENCHMARK LAND SERVICES, INC"08-12-22-0.55'+0.01'137'139290'54354351'3.A.bPacket Pg. 13Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
03612SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg CROSS SECTION AA 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDCROSS SECTION AA48-------------------04 OF 07FIXEDACCESSDOCKFIXEDDOCKMHW = +0.01' NAVDMLW =-0.55' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE12' BOAT LIFT6'40'KAYAK FLOAT51' PROTRUSIONEXISTINGMANGROVES3.A.bPacket Pg. 14Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
NESW02550100SCALE IN FEETSITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg SUBMERGED RESOURCE SURVEY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDSUBMERGED RESOURCE SURVEY48-------------------05 OF 07LITTLE HICKORY BAYPROPERTYBOUNDARYNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECTS (TYP)TYPICAL DIVE TRANSECT200'200'BAREFOOT BEACH BLVD3.A.bPacket Pg. 15Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg ADJACENT DOCKS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDADJACENT DOCKS48-------------------06 OF 07LITTLE HICKORY BAYPROPERTYBOUNDARYNOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.27'24'38'39'44'47'43'43'51'51'44'32'
3
0
'
3
5
'40'40'34'29'BAREFOOT BEACH BLVD3.A.bPacket Pg. 16Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg WIDTH OF WATERWAY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19RMJ625220 BAREFOOT BEACH BLVDWIDTH OF WATERWAY48----09-20-23----JR----ADDED DIMENSIONS----07 OF 07LITTLE HICKORY BAYPROPOSED DOCKMHWLPROPERTYBOUNDARY290'3
6
0
'51'APPROXIMATE 25%WIDTH OF WATERWAY72'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.BAREFOOT BEACH BLVD250'207'3.A.bPacket Pg. 17Attachment: Attachment A - Proposed Dock and Related Plans (27070 : PL20230006177 BD 220 Barefoot
3.A.c
Packet Pg. 18 Attachment: Attachment B - PB14_PG114-115 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
3.A.c
Packet Pg. 19 Attachment: Attachment B - PB14_PG114-115 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
From: John Kelly
Sent: Thursday, October 26, 2023 6:14 PM
To: John Kelly
Subject: BD-PL20230006177 - 220 Barefoot Beach Blvd - Public Hearing Sign
Posting for HEX on 11/9/2023
Attachments: Posting Photo 1.jpg; Posting Photo 2.jpg
I, John Kelly, posted a Public Hearing Sign to the front of the subject property at approximately 11:30
A.M. on Wednesday, October 25, 2023, as evidenced by the attached photos. Said sign is for the Hearing
Examiner’s meeting scheduled for November 9, 2023.
Respectfully,
John Kelly
Planner III
Zoning Division – Zoning Services Section
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples Florida 34104
Phone: 239.252.5719 Fax: 239.252.6363
Email: John.Kelly@colliercountyfl.gov
Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning
size=2 width="100%" align=center>
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released
in response to a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
3.A.d
Packet Pg. 20 Attachment: Attachment C - Public Hearing Sign Posting 10252023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
3.A.dPacket Pg. 21Attachment: Attachment C - Public Hearing Sign Posting 10252023 (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST
A.Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) or the Collier County Planning Commission (CCPC). DO NOT ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE
SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE
DOCUMENTS ARE IN THE ORDER DESCRIBED IN “BACKUP PROVIDED BY APPLICANT.”
Planner responsible for providing the County Attorney-drafted Ordinance for PUDs and placing in backup
materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT – STAFF PROVIDES THIS TO THE COUNTY ATTORNEY
WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM
AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE
STAFF REPORT]
B.Backup provided by Applicant:
PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY
DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE
BACKUP PROVIDED BY APPLICANT IS IN DISARRAY-MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE
APPLICANT PROVIDES MULTIPLE DUPLICATES-THE APPLICANT COULD LOSE ITS HEARING DATE.
__X_ Application, to include but not limited to the following:
__X_ Narrative of request
__X_ Property Information
__X_ Property Ownership Disclosure Form
__X_ 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 Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
__X_ Affidavit of Representation
__X_ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
__X_ Deviation Justifications
BD-PL20230006177
220 Barefoot Beach BLVD 3.A.e
Packet Pg. 22 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
__X_ Boundary Survey
__X_ 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.
_X_ Submerged Resource Surveys may be included here if required.
_X__ flash drive with only one pdf file for all documents or an e-mailed .pdf file
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. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
9/28/2023
Jeff Rogers
3.A.e
Packet Pg. 23 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
APPLICANT INFORMATION
PROPERTY LOCATION
Section/Township/Range: / /
Subdivision:
Property I.D. Number:
Lot: Block:
Address/ General Location of Subject Property:
Current Zoning and Land use of Subject Property:
Boat Dock Facility Extension OR Boathouse Establishment Petition
Land Development Code Section 5.03.06
Chapter 3 B of the Administrative Code
State:
Name of Property Owner(s):
Name of Applicant if different than owner:
Address:
Telephone:
E-Mail Address:
Name of Agent:
Firm:
Address:
Telephone:
E-Mail Address:
City:City: State:State: ZIP:ZIP:
Cell:Cell:
City:City: ZIP:ZIP:
Cell:Cell:
Unit:
3.A.e
Packet Pg. 24 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other
pertinent information):
SITE INFORMATION
ft. Measurement from: plat survey
ft. other (specify)
Provided: ft.
Required: ft.
ft.
1.ft.
2.ft.
4.Total Protrusion of Proposed Facility into Water:
visual estimate
6.If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d.
ft.
7.List any additional dock facilities in close proximity to the subject property and indicate the total protrusion
into the waterway of each:
5.Number and Lengths of Vessels to Use Facitlity:
1.Water Width:
2.Total Property Water Frontage:
3.Setbacks:
3.A.e
Packet Pg. 25 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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.)
DOCK EXTENSION 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% of the width of the waterway,
and whether or not a minimum of 50% 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.)
9. Official Interpretations or Zoning Verifications:
8. Signs are required to be posted for all petitions. On properties that are one (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
3.A.e
Packet Pg. 26 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
BOATHOUSE CRITERIA
The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in
determining its recommendation to the decision maker. The decision maker will utilize the following
criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the
request to be approved, all of the criteria must be met. On separate sheets, please provide a
narrative response to the listed criteria and/or questions.
DOCK EXTENSION 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 J 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.)
1.Minimum side setback requirement: Fifteen feet.
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.
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.
4.Maximum number of boathouses and covered structures per site: One.
5.All boathouses and covered structures shall be completely open on all 4 sides.
6.Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a
palm frond “chickee” style. A single-family dwelling unit must ve constructed on the subject lot prior to, or
simultaneously with, the construction of any boathouse or covered dock structure.
7.The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent
neighbors to the gratest extent practical.
3.A.e
Packet Pg. 27 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
ASSOCIATIONS
Complete the following for all registered Home Owner / Civic Association(s) that could be affected by this
petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary.
Information can be found on the Civic Associations and Communities page on the Board of County
Commissioner’s website. Applicant is responsible for and shall confirm the current mailing addresses for each
association as registered by the Florida Department of State, Division of Corporations.
City: State: ZIP:
City: State: ZIP:
City: State: ZIP:
City:State: ZIP:
Name of Homeowner / Civic Association:
Mailing Address:
Name of Homeowner / Civic Association:
Mailing Address:
Name of Homeowner / Civic Association:
Mailing Address:
Name of Homeowner / Civic Association:
Mailing Address:
Name of Homeowner / Civic Association:
Mailing Address: City:State: ZIP:
3.A.e
Packet Pg. 28 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
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 or processed.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Property Ownership Disclosure Form
Signed and sealed survey
Chart of site waterway
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 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
Completed Addressing Checklist
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.A.e
Packet Pg. 29 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review:
Addressing: Parks and Recreation:
City of Naples Planning Director School District (Residential Components):
Conservancy of SWFL: Other:
Emergency Management: Other:
FEE REQUIREMENTS:
Boat Dock Extension / Boathouse Petition fee: $1,500.00
Pre-Application Meeting fee $500.00
Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00
If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing
Examiner hearing date. (Variable)
Fire Planning Review fee: $100.00
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
Signature of Petitioner or Agent Date
All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be
invoiced after the petition is heard by the Board of County Commissioners.
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. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee.
Printed Name
3.A.e
Packet Pg. 30 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 31 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 32 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 33 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 34 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 35 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 36 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 37 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 38 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 39 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 40 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 41 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 42 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Addressing Checklist (Rev 10/2022) Page 1 of 1
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
ADDRESSING CHECKLIST
Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for
every application, other items are optional and may not apply to every project.
Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe
and any time the properties within the project boundary are modified.
Additional documents may be attached to this form and can include:
-* LOCATION MAP and/or SURVEY showing the proposed project boundary.
-List of additional folio numbers and associated legal descriptions.
- E-mail from Addressing Official for any pre-approved project and/or street names.
LOCATION INFORMATION
*FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary]
*LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES) where applicable, if already assigned.
PROJECT INFORMATION
Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing
Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your
submittal.
CURRENT PROJECT NAME
PROPOSED PROJECT NAME
PROPOSED STREET NAME(s)
LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####]
3.A.e
Packet Pg. 43 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 44 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
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.e
Packet Pg. 45 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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.e
Packet Pg. 46 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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.
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
3.A.e
Packet Pg. 47 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.e
Packet Pg. 48 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 49Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 50Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 51Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 52Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 53Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
3.A.ePacket Pg. 54Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Narrative Description: The proposed Boat Dock Extension request is to replace the existing
dock with a new single-family docking facility with a boatlift and kayak float located at 220
Barefoot Beach Blvd. in Bonita Springs. The existing docking facility was severely damaged
during Hurricane Ian and the owner/applicant has decided to reconfigure the existing dock to
improve access as well as modernize by adding a new boatlift and kayak/paddleboard float.
The subject waterway is considered Little Hickory Bay and the subject property has a natural
mangrove shoreline which is approximately 137-linear feet. Additionally, due to the natural
mangrove shoreline the proposed dock will extend out past the mangrove fringe line to avoid
impacts and to reach sufficient water depths.
The proposed dock will protrude further than the allowed 20-feet into the subject waterway due
to the existing natural mangrove shoreline and existing water depths. As proposed the dock
will be an L-shape structure that will have one boatlift accommodating a 30-foot vessel and a
kayak float. A kayak float consists of a plastic float that attaches to the dock piles and slides up
and down with the tides so therefore it is always in the water. This platform provides safe
access to the water for recreational activities which is floating therefore is easily accessible from
the water. Due to these floats attaching to the dock piles the best option is to install the kayak
float in the location shown on the attached exhibits.
The dock design as proposed will protrude approximately 51-feet from the plated property
line/MHWL and therefore we are requesting a 31-foot extension over the allowed 20-feet. The
subject waterway is approximately 290-feet wide and as proposed the dock and boat lift would
protrude approximately 18% into the subject waterway. The subject waterway is unmarked and
completely open to navigation therefore no impacts to navigation within the area will result
from the proposed dock.
The proposed dock will provide 51-foot and 60-foot setbacks which is far greater than what is
required for lots with 60-feet of shoreline or greater being 15-feet. There are no impacts
proposed to any submerged resources, but minor mangrove trimming will be required to
maintain the existing access walkway location as well as access to the kayak float overtime. The
decking area has been minimized and still provides sufficient area for recreational activities and
associated storage.
There are numerous other existing docking facilities on the subject waterway that have BDE
approvals with a hand full of them being granted 30-40-foot extensions from the allowed 20-
feet. Therefore, as proposed the dock is consistent with the other existing docks which can be
seen on the attached BDE exhibits as a reference for your review.
3.A.e
Packet Pg. 55 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Primary Criteria
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.)
The subject property is zoned for a single-family residential unit which warrants no
more than 2 slips per the CC-LDC. The proposed docking facility consists of
installing one boatlift for a 30-foot vessel and a kayak float therefore is consistent
with the LDC. The proposed dock will extend out 51-feet from the platted property
line/MHWL which is 31-feet of protrusion past from the allowed 20-feet.
Additionally, the proposed dock will provide 60-foot and 51-foot setbacks from both
riparian lines and therefore will not interfere with the adjacent properties as the
vessel’s ingress/egress the proposed boatlift.
Criterion Met
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.)
The boat dock extension is necessary to accommodate the owners’ vessel which is due
to the mangrove /natural shoreline and the existing onsite water depths within the
allowed 20-feet being too shallow to moor at Mean Low Tide. Additionally, to reduce
the protrusion any further would result in significant mangrove impacts which are
heavily regulated by the State (DEP).
Criterion Met
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.)
The proposed docking facility design and overall protrusion out into the subject
waterway is consistent with numerous other docks along the subject and adjacent
shorelines. As proposed the dock and boatlifts will not impact navigation as well as
maintain the existing ingress/egress to both adjacent neighboring docks. There is no
marked channel within this section of Little Hickory Bay therefore the entire
waterway provides safe navigation and no impacts to any navigation will result from
the proposed project.
3.A.e
Packet Pg. 56 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Criterion Met
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.)
The approximate waterway width is 290-feet wide. The proposed dock protrusion is
51-feet from the plated property line also being the MHWL which is approximately
18% width of the waterway.
Criterion Met
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.)
The proposed docking facility is consistent with the other neighboring docks which
accommodate larger vessels within this bay and the adjacent bays. This area is a
boating community which both neighboring properties have docking facilities. As
proposed the dock will be within the allowed buildable area by providing greater
setbacks than the required setbacks and therefore the views into the subject waterway
by the adjacent property owners will not be impacted nor their access to their docks.
Additionally, the proposed dock will not force any changes to either adjacent
property’s current ingress/egress to their docks/slips.
Criterion Met
3.A.e
Packet Pg. 57 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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.)
The subject property shoreline consists of a natural mangrove bank along the entire
137-linear feet. The proposed dock will need to protrude out past the mangrove fringe
line and with the MHWL/property line being located on the landward side of the
mangroves the proposed dock is outside the allowed 20-feet. Therefore, the special
condition is the natural mangrove shoreline.
Criterion Met
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.)
The proposed docking facility has been minimized to the fullest extent possible and
still provides sufficient deck area for routine maintenance, safe access as well as
recreational activities like fishing and access to kayaks. The total over-water square
footage is 543 square feet.
Criterion Met
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.)
The docking facility has been designed to moor one vessel 30-feet in length and kayaks
with the existing shoreline length being approximately 137-feet we are less than 50%.
Criterion Met
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.)
With the existing natural mangrove shoreline along the entire subject waterway there
is no real impact of the subject waterway other than from the second floor of
residences, no impacts to any existing view should result from the proposed docking
facility.
Criterion Met
3.A.e
Packet Pg. 58 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
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.)
There are no seagrass beds present on the property nor the neighboring properties
within 200’ of the existing dock structure.
Criterion Met
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.)
The proposed work is a single-family dock facility and therefore not subject to Manatee
Protection Requirements.
N/A
3.A.e
Packet Pg. 59 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
X -2.
1 STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.323988<> LONGITUDE:W -81.841255SITE ADDRESS:<> 220 BAREFOOT BEACH BLVD BONITA SPRINGS, FL 34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg LOCATION MAP 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDLOCATION MAP48-------------------01 OF 07COLLIER COUNTYCOLLIER COUNTYGULF OF MEXICOGULF OF MEXICO8588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY3.A.ePacket Pg. 60Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
NESW0153060SCALE IN FEETSITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg EXISTING DOCK 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDEXISTING DOCK48-------------------02 OF 07·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:"BENCHMARK LAND SERVICES, INC"08-12-22-0.55'+0.01'137'144290'LITTLE HICKORY BAYEXISTING DOCKBOUNDARY LINEEXTENSIONBOUNDARY LINEEXTENSIONMANGROVE LINEPROPERTYLINE / MHWLTOP OF BANK26'4.6
'PROPERTYBOUNDARY72'120'104'137'BAREFOOT BEACH BLVD21'EXISTING12'X12'LIFT5'3.A.ePacket Pg. 61Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
X -2.1p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg 9/20/2023NESW0102040SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg PROPOSED DOCK 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDPROPOSED DOCK48-------------------03 OF 07PILE COUNTTYPESIZEQUANTITYWOOD DOCK PILE10"17LIFT PILE12"4SITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134LITTLE HICKORY BAYPROPOSED DOCKPROPOSED13K BOAT LIFTPROPOSEDKAYAKFLOATBOUNDARY LINEEXTENSIONBOUNDARY LINEEXTENSIONMANGROVE LINEPROPERTYLINE / MHWLTOP OF BANK29'12'12'20'10'5'137'AA0424'6
'
43
'APPROX. 25%WIDTH OFWATERWAY51
'51'60'·SURVEY COURTESY OF:··SURVEY DATED:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL/PROPERTY LINE:"BENCHMARK LAND SERVICES, INC"08-12-22-0.55'+0.01'137'139290'54354351'3.A.ePacket Pg. 62Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
03612SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg CROSS SECTION AA 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDCROSS SECTION AA48-------------------04 OF 07FIXEDACCESSDOCKFIXEDDOCKMHW = +0.01' NAVDMLW =-0.55' NAVDALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE12' BOAT LIFT6'40'KAYAK FLOAT51' PROTRUSIONEXISTINGMANGROVES3.A.ePacket Pg. 63Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
NESW02550100SCALE IN FEETSITE ADDRESS:,220 BAREFOOT BEACH BLVDBONITA SPRINGSFL34134Turrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg SUBMERGED RESOURCE SURVEY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDSUBMERGED RESOURCE SURVEY48-------------------05 OF 07LITTLE HICKORY BAYPROPERTYBOUNDARYNO SEAGRASSES WEREOBSERVED GROWINGWITHIN 200 FT OF THEPROPOSED PROJECTTRANSECTS (TYP)TYPICAL DIVE TRANSECT200'200'BAREFOOT BEACH BLVD3.A.ePacket Pg. 64Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
NESW050100200SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg ADJACENT DOCKS 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19-625220 BAREFOOT BEACH BLVDADJACENT DOCKS48-------------------06 OF 07LITTLE HICKORY BAYPROPERTYBOUNDARYNOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.27'24'38'39'44'47'43'43'51'51'44'32'
3
0
'
3
5
'40'40'34'29'BAREFOOT BEACH BLVD3.A.ePacket Pg. 65Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
NESW03060120SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@thanaples.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\20069 naples dock\20069.19 naples dock - 220 barefoot beach\CAD\PERMIT-COUNTY\20069.19-BDE.dwg WIDTH OF WATERWAY 9/20/2023THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:RY NO. 5875JRRMJ08-15-2320069.19RMJ625220 BAREFOOT BEACH BLVDWIDTH OF WATERWAY48----09-20-23----JR----ADDED DIMENSIONS----07 OF 07LITTLE HICKORY BAYPROPOSED DOCKMHWLPROPERTYBOUNDARY290'3
6
0
'51'APPROXIMATE 25%WIDTH OF WATERWAY72'NOTE:THE DIMENSIONS SHOWN ARE APPROXIMATEAND ARE TAKEN FROM THE AERIAL IMAGE.BAREFOOT BEACH BLVD250'207'3.A.ePacket Pg. 66Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 :
220 BAREFOOT BEACH BLVD
BONITA SPRINGS, FL 34134
FOLIO #23095000102
SUBMERGED RESOURCE SURVEY REPORT
MAY 2023
PREPARED BY:
3.A.e
Packet Pg. 67 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
Table of Contents
1 Introduction ....................................................................................................................................... 1
2 Objective ............................................................................................................................................. 2
3 Methodology ...................................................................................................................................... 3
4 Results ................................................................................................................................................. 4
5 Conclusion .......................................................................................................................................... 5
6 Photos .................................................................................................................................................. 6
3.A.e
Packet Pg. 68 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
1
1 INTRODUCTION
Turrell, Hall & Associates, Inc. (THA) has been contracted to provide environmental permitting
services which includes completing an onsite Submerged Resource Survey (SRS) at the subject
property 220 Barefoot Beach Blvd. in Bonita Springs, FL 34134 that can be identified by folio
#23095000102. This resource survey will provide planning assistance to both the property owner
and regulating agencies during the review process for the proposed project.
The subject property consists of a 0.26-acre parcel that can be found on the east side of Barefoot
Beach Blvd along Little Hickory Bay. The subject waterway connects directly to the Gulf of
Mexico through Wiggins Pass. The upland parcel currently consists of a single-family residence
currently under a re-model with an existing natural mangrove shoreline and an existing docking
facility. The property is neighbored to the north by common land with a docking facility, to the
south by a single-family residence with a docking facility, to the east by the subject waterway,
and to the west by Barefoot Beach Blvd.
The SRS was conducted on May 5, 2023, between approximately 10:30a.m. and 11:15 a.m. Site
conditions on that day consisted of mostly sunny skies with a gentle southeast breeze
approximately 5-10mph. Water clarity was good too fair which allowed for approximately 12-24
inches of visibility. The ambient air temperature was approximately 78 degrees Fahrenheit with
an incoming tide. A low tide occurred before the site visit at approximately 7:34 a.m. and reached
approximately 0.9’ feet above the Mean Low Water Mark. High tide was achieved after the site
visit at approximately 12:48 p.m., reaching approximately 2.5 feet above the Mean Low Water
Mark.
3.A.e
Packet Pg. 69 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
2
2 OBJECTIVE
The objective of the SRS was to identify and locate any existing submerged resources within 200
feet of the proposed dock and boathouse facility project. Ordinarily, if seagrasses are present
within the vicinity of a project area, an analysis will be required regarding species, percent
coverage, and impacts projected by the proposed project. The presence of seagrasses may be
ample cause for re-configuration of the design for projects over surface waters in order to
minimize impacts. The general scope of work performed during a typical submerged resource
survey is summarized below:
• THA personnel will conduct a site visit and swim a series of transects within the project
site in order to verify the location of any submerged resources.
• THA personnel will identify submerged resources within the vicinity of the site and
produce an estimate of the percent coverage of any resources found.
• THA personnel will delineate the approximate limits of any submerged resources
observed via a handheld GPS device.
3.A.e
Packet Pg. 70 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
3
3 METHODOLOGY
THA biologists intentionally designed the methodology of the SRS to cover not only the entire
subject property shoreline for the proposed dock and boathouse installation but also the area
within 200 ft. of the proposed site as required by the Collier County LDC. The components
utilized for this survey included:
• Reviewing aerial photography of the surveyed area.
• Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto
aerials. (See attached Exhibits)
• Physically swimming the transects, GPS locating the limits of any submerged resources
found, and determining the percent coverage within the area.
• Documenting and photographing all findings
The surveyed area was evaluated systematically by following the established transect lines
throughout the project site as shown on the attached exhibit. Neighboring properties, adjacent
docking facilities, existing docks, and other landmarks provided reference markers which
assisted in maintaining correct positioning over each transect.
During this SRS, one THA staff member swam the transect lines using snorkel equipment while
a second remained on the dock taking notes and compiling findings on an aerial of the project
site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and
analyzed for percent coverage within the area via a half meter square quadrat.
3.A.e
Packet Pg. 71 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
4
4 RESULTS
The substrate found within the surveyed area consists of only 1 different characteristic being a
silty muck material with shell debris. There was also a lot of other debris observed in the
surrounding area, mostly from the recent storm surge that affected this area. Depths increased
gradually with distance from the shoreline to the middle of the waterway and then got shallower
as we reached the other side of the waterway up along the mangrove shoreline with depths
ranging from approximately 2 to 10 feet.
During the survey, no seagrasses, nor oysters, or other resources were observed in any capacity.
Accordingly, no impacts to submerged resources are expected to occur as the result of the
proposed project other than a few lateral mangrove branches being trimmed to maintain access.
A list of species observed during the SRS can be seen below in Table 1.
Table 1: Observed species of wildlife and vegetation within the vicinity of the project site
Common Name Scientific Name
Eastern mudminnow Umbra pygmaea
Sheepshead Archosargus probatocephalus
Gray Snapper Lutjanus griseus
Common Snook Centropomus undecimalis
3.A.e
Packet Pg. 72 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
5
5 CONCLUSION
The submerged resource survey was conducted and completed throughout a 200-foot radius
surrounding the project site and yielded few results. An existing docking facility is present along
the shoreline and associated boatlifts, both of which are damaged from the recent storm. There
were no seagrasses or other marine resources that were observed anywhere within the vicinity of
the project site other than mangroves. There were significant amounts of barnacles and shell
debris observed in and around the mangrove roots and on docks piles contained up along the
shoreline. Based off these observations it is THA opinion that the proposed project will not have
any negative impacts to any submerged resources nor the subject waterway water quality.
3.A.e
Packet Pg. 73 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
6
6 PHOTOS
Photo 1: Existing property shoreline and dock.
Photo 2: View from existing dock of subject waterway
3.A.e
Packet Pg. 74 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
7
Photo 3: View of typical bottom sediment with shell debris.
Photo 4: Sediment with heavy shell debris close to mangrove shoreline. .
3.A.e
Packet Pg. 75 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
8
Photo 5: Muck/silt sediment out in deeper portions of waterway.
Photo 6: Adjacent docks looking north.
3.A.e
Packet Pg. 76 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
220 Barefoot Beach Blvd
Submerged Resource Survey
May 2023
9
Photo 7: Adjacent dock looking south.
Photo 8: Oyster and barnacle growth on existing dock piles and mangrove roots.
3.A.e
Packet Pg. 77 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd
1 inch = 30' ft.
GRAPHIC SCALE
LAND SERVICES, INC.
ENCHMARKB
3.A.e
Packet Pg. 78 Attachment: Attachment D - Applicant’s Backup - application and supporting documents (27070 : PL20230006177 BD 220 Barefoot Beach Blvd Fenneman Dock)
11/09/2023
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Doc ID: 26997
Item Summary: Petition No. VA-PL20230003394 – 1231 15th Street SW - Request for a 41.2-foot variance from
the Land Development Code Section 2.03.01.B.1.b.4 to reduce the required minimum 100 feet separation distance
from the adjacent residence to the north to 59.8 feet for an existing permitted accessory shelter for horses on the
subject property described as the south 150 feet of Tract 10, Golden Gate Estates, Unit No. 193 subdi vision, located
at 1231 15th Street SW, Naples, FL 34117 in Section 17, Township 49 South, Range 27 East, Collier County,
Florida. (Coordinator: Sean Sammon, Planner III) (Commissioner District 5)
Meeting Date: 11/09/2023
Prepared by:
Title: Principal Planner – Zoning
Name: Sean Sammon
10/16/2023 4:49 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/16/2023 4:49 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Review Item Completed 10/20/2023 9:22 AM
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/24/2023 3:28 PM
Zoning Sean Sammon Review Item Skipped 10/16/2023 4:47 PM
Zoning Ray Bellows Review Item Completed 10/24/2023 5:54 PM
Zoning Mike Bosi Division Director Completed 10/27/2023 4:19 PM
Hearing Examiner Andrew Dickman Meeting Pending 11/09/2023 9:00 AM
3.B
Packet Pg. 79
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 1 of 11
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION - GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 9, 2023
SUBJECT: PETITION NO. VA-PL20230003394, BARN VARIANCE
PROPERTY OWNER/APPLICANT:
Donnie and Rebecca Brewer
1231 15th Street S.W.
Naples, FL 34117
REQUESTED ACTION:
The petitioner requests that the Hearing Examiner approve a 41.2-foot variance from the Land
Development Code Section 2.03.01.B.1.b.4 to reduce the required minimum 100 feet separation
distance from the adjacent residence to the north to 59.8 feet for an existing permitted accessory
shelter for horses.
GEOGRAPHIC LOCATION:
The subject ±2.27-acre property described as the south 150 feet of Tract 10, Golden Gate Estates,
Unit No. 193 subdivision is located at 1231 15th Street S.W., on the west side of 15th Street S.W.,
in Section 17, Township 49 South, Range 27 East, Collier County, Florida. (Please see the
Location Map on the proceeding page.)
3.B.a
Packet Pg. 80 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 2 of 11
3.B.aPacket Pg. 81Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 :
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 3 of 11
PURPOSE/DESCRIPTION OF PROJECT:
The subject property was originally developed as a one-story single-family residence in 1984 under
building permit number 84-1379. The current property owners acquired the property on June 27,
1990, with the primary reason to have horses. The owner’s purchase was mainly because of an
existing barn and other structures catered to equine purposes. Staff confirmed from the historic
aerials included below that this is evident and supports the barn’s existence since at least 1995.
In 2002, the adjacent property to the north, 1221 15th Street SW, folio 45841080008, was
purchased, and a new single-family residence was developed under building permit number
2002011398 - (COED 6/13/2002). This property, 1221 15th Street SW, is a pre-existing
nonconforming lot with a lot width of 75 feet and minimum side setbacks of 7.5 feet. In December
2003, Code Enforcement served a notice of violation on the subject property, 1231 15th Street SW,
for a shed and two pole barns that were not permitted under case number 2003120586. The current
property owners, Donnie and Rebecca Brewer complied and proceeded to have the existing barn
architected, engineered, and finally permitted under building permit number 2004031300 with a
certificate of occupancy issued August 23, 2004.
The adjacent property to the north, 1221 15th Street SW, has had several property owners. The
current owner, Joselin Banegas, purchased the property in 2018 and started contacting Code
Enforcement in 2022 with complaints against the subject property, 1231 15th Street SW, owned by
the Brewers. This is a brief history of the permits and code cases associated with both properties:
Donnie and Rebecca Brewer, folio 45841040006, 1231 15th Street S.W., Naples, FL 34117:
• Permit 84-1379 – Residence COED on 10/1/1984
• Permit 2003120586 – "MAJOR HOUSE CONSTRUCTION WORK" WITH NO
PERMIT BOARD
• Permit 2004020945 – 12x20 storage shed COED 8/23/2004
• Permit 2004031300 – COED 8/23/2004 HORSE STALLS/NO ELEC, NO SLAB, NO
PLUMB
• Permit 2006110259 – COED 3/1/2001(Shed) STORAGE BLDG. NO ELEC/PLUMB
1240 SQ FT
• PRFW20221045904 – Fence Finalized 4/28/2023
• Code Case - CEA20220009458 – Structure being used to shelter and/or for feeding of a
horse does not meet required setbacks from adjacent property's residential structure.
• PRAC20230204433- Issued; Alter existing 5-stall barn, turning 4 northern stalls into dry
storage
Joselin Banegas, folio 45841080008, 1221 15th St SW, Naples FL, 34117:
• Permit 2002011398 – Residence COED on 6/13/2002
• PRAC20221255601 – Issued 9/6/2023: BUILD CHICKEN COOP - 3 COOPS 8X7 EACH
ATTACHED (24x7) EACH WITH FRAMING, SHINGLE ROOF, CHICKEN WIRE
MESH DOORS, AFTER THE FACT.
• Code Case - CESD20220009626 - Unpermitted chicken coop in rear of property
3.B.a
Packet Pg. 82 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 4 of 11
• Code Case 2003081401 - DID OBSERVE A WHITE NISSAN SENTRA WITH NO
VALID TAG
Over time, the Brewers complied with several complaints and violations except for code case
number CEA20220009458, which was for the “structure used to shelter and/or feeding of a horse
does not meet required setbacks from adjacent property’s residential structure.” The existing
permitted barn is setback 37.5 feet from the north side property line. However, it’s located 59.8
feet from the adjacent residence to the north, which is the purpose for the variance request since
the structure to house horses is less than the minimum required separation distance to an adjacent
residence of 100 feet, according to LDC Section 2.03.01.B.1.b.4.
The barn structure is strong and sturdy, having been in the same location for several decades,
withstanding many hurricanes. The barn consists of five stalls; the only stall that houses and feeds
the current horse is well beyond the minimum required 100 feet separation. The barn is one
structure that includes the stall that houses and feeds the horse; therefore, the variance will apply
to the overall structure. The option to remove the structure would be unduly burdensome since this
structure has been on the property in the same location for over 30 years and was permitted 19
years ago. It was permitted as only meeting the setbacks from the property lines. However, this
was in error since it was within the required 100 feet minimum separation from an adjacent
residence. The option to relocate the structure would be financially excessive; the suggestion to
relocate the structure on the Brewers’ property would cause the same separation distance issue
with the neighbor to the south and require the removal of vegetation and trees that, if possible, the
Brewer’s would prefer to avoid since this would result in additional costs. The subject property
owner even installed a fence to offer privacy to help mitigate any nuisance issues. The subject
property owners have experienced an ever-increasing financial hardship with ongoing complaints
from the adjacent neighbor.
In summary, the current structure has existed for 30 years or more. The adjacent residence to the
north, at 1221 15th Ave SW, was developed and constructed in 2002. The horse barn was permitted
in 2004, along with a certificate of occupancy, with no other issues or complaints. The subject
property is a legally conforming lot containing 30-foot setbacks from the side property lines. The
adjacent property to the north is a legal, nonconforming lot with side setbacks of 7.5 feet, yielding
a narrower building footprint for the residential structure. The horse barn is located 59.8 feet from
the adjacent residence to the north, which is within the 100 feet minimum separation distance from
the adjoining residence. The subject property owners installed an 8-foot-tall wooden privacy fence
to help resolve the ongoing complaints.
3.B.a
Packet Pg. 83 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 5 of 11
SURROUNDING LAND USE AND ZONING:
SUBJECT PARCEL: A single-family residence with a zoning designation of Estates
North: Single-family residence with a zoning designation of Estates
East: 15th Street S.W., a 60-foot-wide right-of-way, and then a single-family residence,
with a zoning designation of Estates
South: Single-family residence with a zoning designation of Estates
West: Single-family residence with a zoning designation of Estates
Aerial; Source: Collier County Property Appraiser
SUBJECT
PROPERTY
HORSE BARN SUBJECT
TO VARIANCE
3.B.a
Packet Pg. 84 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 6 of 11
Historic Aerial: Imagery Date, February 20, 1995; Prior to the adjacent residence to the north
Historic Aerial: Imagery Date, 2000; Prior to the adjacent residence to the north
SUBJECT
PROPERTY
SUBJECT
PROPERTY
3.B.a
Packet Pg. 85 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 7 of 11
Historic Aerial: Imagery Date, July 2, 2004; Following the horse barn structure being permitted
Zoning Map, October 2023; Source: Collier County Information Technology GIS
SUBJECT
PROPERTY
SUBJECT
PROPERTY
3.B.a
Packet Pg. 86 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 8 of 11
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Estates designated area identified in the Golden Gate Area
Future Land Use Map (FLUM) of the Golden Gate Area Master Plan (GGAMP) Element of the
GMP. The GMP does not address individual variance requests but deals with the larger issue of
the actual use. As previously noted, the subject petition seeks a variance for an accessory use to a
single-family home, which is an authorized use in this land use designation. This land use category
is designed to accommodate residential uses, including single-family. The single-family home use
is consistent with the Future Land Use Map of the GMP.
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 that are peculiar to the location,
size, and characteristics of the land, structure, or building involved?
The peculiar location of the horse barn dates back over 30 years, when the original owners of
the property erected the barn for equine purposes. The horse barn measures 59.6’ x 15’,
allowing up to 5 horses, the legal limit allowed by code enforcement ordinances, and is located
on a legally conforming 150-foot-wide lot. The horse barn has been maintained in its current
location along with being the Brewer’s quality of life since 1990, when they purchased the
property with the sole intent to participate in the equine industry. The barn is permitted under
building permit number 2004031300 and is located near the permitted shed/feed room and a
wash rack for bathing. The horse barn is also enclosed within the permitted fenced-in area. The
horse barn was built in its current location as it was the only cleared area, with the remaining
property being overgrown with trees and brush. The current location of the horse barn fits the
property and cannot be relocated as the same setbacks and encroachment issues will occur with
the southern neighbor or other current landscape or structures. The subject property owners
did their due diligence in 2004 to comply with the building permit application and requirements
and have relied on those permits and inspections to be compliant.
b. Are there special conditions and circumstances that 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?
Special conditions and circumstances that do not result from the applicant's action are that the
horse barn was built over 30 years ago on a legally conforming lot and existed when the current
subject property owners purchased the 1231 15th ST SW property in 1990. In 2004, the barn
was brought up to code with current architectural and engineered drawings and a Collier
County permit, building permit number 2004031300. The 2004 permit describes the job as
horse stalls with rear, left, and right setbacks as 30 feet. We relied on good faith and the
county’s permit to be in legal standards and compliance with the LDC until now. The northern
residence at 1221 15th ST SW was built in 2002, and at no time did any problems arise from
any encroachment or setback requirements of the current location of the barn to the adjacent
residence to the north. The 1221 15th ST SW residence has had numerous owners, with the
3.B.a
Packet Pg. 87 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 9 of 11
current owner residing since 2018; no issues arose until recently in 2022 when the code case
pertaining to the encroachment in the separation distance with the adjacent neighboring
structure to the north.
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?
Yes, the literal interpretation of the LDC works unnecessary and undue hardships and creates
a difficulty for the barn's location. The main hardship is that the property does not have the
open space for the barn to be moved unless it were to create a similar encroachment with the
adjacent neighbor to the south. Trees and brush have been removed for fence placement and
other legally permitted structures. There currently stands a large oak tree in the middle of the
back of the property, palm trees throughout the property, and a south neighbor situated at the
back of their property, which the horse barn would not meet the LDC Section 2.03.01.B.1.b.4
required separation distance of 100 feet if moved to the rear of the property. We do not wish
to remove more trees as we wish to preserve the oak and palm trees. The current location of
the horse barn in question is the best all-around location of the property since it has existed
there for over 30 years. Another undue hardship is the financial burden that would arise with
trying to move or relocate the horse barn.
d. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building, or structure and promote health, safety, and welfare
standards?
Yes, the minimum variance requested is 40.2 feet and is the most reasonable use of the land
since the barn has existed in the present location for over 30 years, and the request is not an
increase from the current conditions. This request is to separate the existing horse barn from
the adjacent neighbor located north at 1221 15th ST SW. The adjacent lot is a nonconforming
75-foot-wide lot with a side property line set back of only 7.5 feet instead of the 30-foot side
setback as the conforming lot for the subject property. The request will allow the existing barn
to remain where it has been for several decades, and permitted since 2004, at a distance of 59.8
feet from the adjacent residence north of the north side property line. If the subject property
owners were to have to relocate the horse barn, it would cause an excessive financial burden.
The owners have already incurred expenses installing an 8-foot wood privacy fence the entire
length of the north property lot to create peace and harmony with the north neighbor. They
have also complied with each code enforcement case open, including this most recent one
concerning the encroaching barn.
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?
No, the variance request of 40.2 feet is only being requested to separate the current horse
barn from the adjacent residence to the north. To reiterate, the adjacent lot to the north is a
nonconforming lot with a side property line setback of only 7.5 feet, while the subject property
since it is a conforming lot, has a side setback of 30 feet. The horse barn has existed for over
30 years and was brought to be code-compliant in 2004. No special privilege is being sought
3.B.a
Packet Pg. 88 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 10 of 11
as the subject property owners are attempting to uphold the building permit number
2004031300 that was granted in 2004. The neighboring residence on the adjacent property to
the north was built in 2002 and has since had multiple homeowners with no problems arising
until the recent discovery of the setback deficiency.
f. Will granting the Variance be in harmony with this Land Development Code's general
intent and purpose and not be injurious to the neighborhood or otherwise detrimental to
the public welfare?
Yes, in the Estates Zoning District, according to LDC Section 2.03.01.B.1.b.4, keeping horses
not exceeding two per acre is allowable as an accessory to a permitted single-family dwelling.
Granting this variance of 40.2 feet will be in harmony with the LDC, and it will not be injurious
or detrimental to the public. The subject property owners are requesting the variance to
continue the livelihood and family memories they have made over the past 30 years. The
owners have been legally compliant and have attempted to rectify the outstanding issues and
be a good neighbor by applying for the variance. The owners have tried to be amicable with
all the neighbors, and in their duration as the subject property owners, they have never had
problems with any neighbors until recently. The owners have erected an 8-foot wooden
privacy fence, hoping to alleviate ongoing issues.
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 subject property is a legally confirming lot located in the Golden Gate Estates, absent of
preserves, lakes, or golf courses, specifically. The subject lot was developed in 1987 with a
single-family residence, and the subject property was originally minimally cleared. Perms
were granted later to remove trees for other structures and for a fence. According to the aerial,
the owners might have to remove some trees on their property to provide possible space if they
could manage to relocate the barn. However, the owners rightfully prefer to keep the remaining
trees to maintain the natural essence of the Estates Zoning District on the subject property.
Also, the adjacent property to the north is a legally nonconforming lot with 7.5-foot side
setbacks for a 75-foot-wide lot. According to the survey, the subject property residence and
the adjacent property residence to the north only have a 64.6 feet separation distance between
them. Granting the variance will offer legal continuity for the property owners who have
resided on the subject property for over 30 years.
h. Will granting the Variance be consistent with the Growth Management Plan?
Yes, granting the requested variance will be consistent with the Growth Management Plan.
CONCURRENT LAND USE APPLICATIONS:
There are no concurrent land use applications under review at present.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed the staff report VA-PL20230003394, revised on
September 15, 2023. – DP
3.B.a
Packet Pg. 89 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
VA-PL20230003394, BARN VARIANCE Updated: October 17, 2023
Page 11 of 11
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve the following for Petition
VA-PL20230003394, Barn Variance:
A 41.2-foot variance from the Land Development Code Section 2.03.01.B.1.b.4 to reduce the
required minimum 100-foot separation distance from the adjacent residence to the north to 59.8
feet for an existing permitted accessory shelter for horses, as depicted on the Boundary Survey.
(Please see Attachment B: Boundary Survey dated June 30, 2023)
Attachments:
A. Backup Package
B. Boundary Survey
C. Property Card & Deed
D. Subject Property Building Permit Number 2004031300
E. Adjacent Northern Property Building Permit Number 2002011398
F. Site Plan & Detail for Proposed Variance
G. Legal Ad & HEX Sign Posting
H. Letter of Objection & Photos: March 7, 2023
I. Letter of Good Character & Fence Photos
J. Code Enforcement Case: CEA20220009458
K. Letter of Objection from Attorney: October 4, 2023
3.B.a
Packet Pg. 90 Attachment: PL20230003394 - Staff Report - Barn Variance 45841040006 - SS 10.23.2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 91 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 92 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 93 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 94 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239} 252-2400 FAX: {239) 252-6358
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: "-\=,48� \�\.\ OOOL:section/Township/Range: _[]__j 4 9 / .D_
Subdivision: .3J "2� DC (ko\cle.n, �o..le, �S! Unit: \53..Lot: __ Block: __
Metes & Bounds Description: ______________ Total Acreage: CX ,c)J
Address/ General Location of Subject Property: \'5� 57"' sw Oaf,16 �L 3L\\\J
ADJACENT ZONING AND LAND USE
Zoning
N s
E w
Minimum Yard Requirements for Subject Property:
Front: :15__
Side: 3C)
Rear:'J!i_
Corner Lot: Yes D No [l}
Waterfront Lot: Yes D No �
Land Use
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.
4/27/2018 Page 2 of 6
Estates E
EstatesROW/Estates
Estates
Single Family Residential
Single Family Residential
Single Family Residential
15th ST SW/Single Family residenital
3.B.b
Packet Pg. 95 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 96 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239)252-2400 FAX: (239) 252-6358
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 re asonable 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 preserve s, 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?
Oves X No If yes, please provide copies.
4/27/2018 Page 4 of 6
3.B.b
Packet Pg. 97 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 98 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 99 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
Narrative Statement:
1231 15th ST SW
Barn Variance Request
PL20230003394
3.B.b
Packet Pg. 100 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
The Brewers, residing at 1231 15th ST SW, Naples, FL 34117 requests a variance to reduce the
minimum setback between their horse barn and the adjacent northern residential structure
from 100 feet to 59.8 feet. Per the setback requirements of section 2.03.01., “Premises or
roofed structure used for the sheltering, feeding, or confinement of such animals shall
be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling
unit on an adjacent parcel of land.
• The current structure has been in the same location since 1984
• Northern resident was built in 2002, with no mention or concern of 100’ setback
requirement
• Horse barn was permitted in 2004, with no mention of the 100’ setback requirement
• Horse barn meets the regular property line setback of 30 feet.
• Variance request property of 1231 15th ST is a legal conforming lot with side setbacks of
30 feet
• Northern neighboring property at 1221 15th ST SW is a nonconforming lot with side
setbacks of 7 feet. Their residential structure is offset to the southern side of their
property
• 8’ wood privacy fence installed in hopes to solve any issues
The Brewers have encountered a large financial hardship with the other complaints the
neighbor has filed and the fence that has been constructed. We have investigated moving or
altering the current barn, but the barn will not fit if moved. We would have the same setback
limits with the southern neighbor along with the other structures and vegetation on the
property.
The Brewers would like to put this past us and move forward. We would like to see complaint #
CEA20220009458 closed, and a variance passed.
3.B.b
Packet Pg. 101 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
Variance Criteria
3.B.b
Packet Pg. 102 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
Criteria for Variances-
Horse Barn request at 1231 15th ST SW, Naples FL 34117
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 peculiar location of the horse barn dates back over 30 years when the original owner s of
the property erected the barn for equine purposes. The horse barn measures 59.6’ x 15’,
allowing up to 5 horses, the legal limit allowed by code enforcement ordinances, and is
located on a legal conforming 150 x 660 lot. The horse barn has been maintained in its
current location along with being the Brewer’s quality of life since 1990 when they purchased
the property with the sole intent to participate in the equine industry. The barn is permitted
under permit #2004031300 and is located near the permitted shed/feed room, and a wash
rack for bathing. The horse barn is also enclosed within the permitted fenced in area . The
horse barn was built in it s current location as it was the only area cleared with the remaining
property being very overgrown with trees and brush. The current location of the horse barn
fits the property and cannot be relocated as the same setbacks and encroachment issues will
occur with the southern neighbor or other current landscape or structures. Another peculiar
circumstance is this issue could have been avoided if it was addressed in 2002 upon the
development of the north property at 1221 15th ST SW under permit #2002011398 or in 2004
when the barn was upgraded and permitted permit #2004031300, the Brewer’s did their due
diligence in 2004 to comply with the building permit application and requirements and have
relied on those permits and inspections to be compliant.
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.
-Special conditions and circumstances which did not result from the ac tion of the applicant
are that the horse barn was built over 30 years ago on a legal conforming lot and was existing
when the current owners, Mr. and Mrs. Brewer, purchased the 1231 15 th ST SW property in
1990. In 2004 the barn was brought up to code with current architectural and engineered
drawings and a Collier County permit, permit #2004031300. The 2004 permit states the job
description as horse stalls with rear, left, and right setbacks as 30.00. We relied on good faith
and the county’s permit th at we were in legal standards and compliance with the LDC until
now. The northern residence at 1221 15 th ST SW was built in 2002 and at no time did any
problems arise from any encroachment or setbacks requirements of the current location of
the barn. The 1221 15th ST SW residence has had numerous owners with the current owner
residing since 2018, no issues till 2021.
3.B.b
Packet Pg. 103 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
-Yes, Unnecessary and undue hardships will occur if the variance request is not granted. The
main hardship is that the property does not have the open space for the barn to be moved.
Trees and brush have been removed for fence placement and other legal permitted
structures. There currently stands a large oak tree in the middle of the back of the property ,
palm trees throughout the property, and a south neighbor situated at the back of their
property which the horse barn would not meet the LDC setbacks of 100 feet if moved to the
rear of the property. We do not wish to remove anymore trees as we wish to preserve the
oak and palm trees. The current location of the horse barn in question is the best all -around
location of the property. Another undue hardship is the financial burden that would arise
with trying to more o r relocate the horse barn.
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.
-Yes, the minimum variance requested is 40.2 feet and is the most reasonable use of the land .
This request is to separate the existing horse barn from the adjacent neighbor located at 1221
15th ST SW, Naples, FL 34117. The lot located at 1221 15 th ST SW is a nonconforming 75 x 660
lot with a property line set back of only 7 feet instead of the 30-foot setback as the
conforming lot at 1231 15 th ST SW, Naples, FL 34117 . This request is seeking approval to allow
us to keep our existing barn in the same location it has been for the past 30 years on the
property. The request will allow the existing barn to remain where it is at a distance of 59.8
feet from the adjacent residence north of the north p roperty line. If the Brewer’s were to have
to relocate the horse barn it would cause a massive financial burden ; the Brewer’s have already
incurred expenses installing an 8-foot wood privacy fence the entire length of the north
property lot in hopes to create peace and harmony with the north neighbor.
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.
-No, the variance requested of 40.2 feet is only being requested to separate the current horse
barn from the northern neighbor located at 1221 15th ST SW, Naples, FL 34117. The lot
located at 1221 15th ST SW is a nonconforming lot with a property line set back of only 7 feet
while the property at 1231 15 th ST SW, Naples, FL 34117 has a setback of 30 feet. The horse
barn was built before 1990 and br ought to code in 2004. No special privilege is being sought
as the Brewers are just trying to uphold the permit #2004031300 that was granted in 2004.
The north property was built in 2002 and has since had multiple homeowners with no
problems arising from the recent discovery of the setback deficiency.
3.B.b
Packet Pg. 104 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
F. Will granting the variance 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.
-Yes, granting of the variance of 40.2 feet will be in harmony with the LDC as it encourages
the advantages of living in Golden Gates Estates. The variance will not cause any injuries or
otherwise detrimental to the public. The property at 1231 15 th ST SW, Naples, FL 34117 is
requesting the variance in order to continue the livelihood and family memories that they
have been making over the past 30 years. They have raised their daughter with horses and
the barn has impactful memories over the many years. The Brewers ha ve also done right by
the law and are trying to make things right and be a good neighbor by applying for the
variance. The Brewers have tried to keep peace and be friendly with all our neighbors and in
the 30 years of living at 1231 15 th ST SW, Naples, FL 34117 the Brewers have never had
problems with any neighbors till now. We have erected an 8’ wooden privacy fence under in
to hopes to help iron out any ongoing issues .
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.
-No. This is a legal confirming lot located in the Golden Gate Estates area. The lot was
developed in 1987 with a single -family home. Property was originally minimally cleared.
Permits were granted at later dates to remove trees for other structures and for a fence. We
would like to keep the remaining trees to keep the natural essence of the estates . There are
no natural preserves, lakes, o r golf courses that are present on the property. Granting the
variance does make the Brewers lives easier as they have built this life with memories over
the past 30 years.
H. Will granting the variance will be consistent with the G rowth Management Plan.
-Yes, granting of the variance requested will be consistent with the Growth Management
Plan.
3.B.b
Packet Pg. 105 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
Warranty Deed
1231 15th ST SW, Naples, FL 34117
3.B.b
Packet Pg. 106 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 107 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 108 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 109 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 110 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 111 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
rCounty ,...:-, -
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 I Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
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 Addr_ess % of Ownership
� / / /.
e.If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation,
T P h' I' h f h t h b I · I d' h rustee, or a artners 1p, 1st t e names ��on ract pure asers e ow, me u mg t e
0 fficers, stockholders, beneficiaries, or pa rs:
Name and A,ddress % of Ownership / / / / /
Date of Contract: -----
f.If any contingency clause or contract t s involve additional parties, list all individuals or
officers, if a corporation, partnersh · , or trust:
Name and Address
g. Date subject property acquired ___1990____
D Leased: Term of lease _____ years /months
If, Petitioner has option to buy, indicate the following:
01/2023 Pagel of 3
3.B.b
Packet Pg. 112 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 113 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 114 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 115 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 116 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 117 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 118 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 119 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 120 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 121 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 122 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 123 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 124 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 125 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 126 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 127 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.bPacket Pg. 128Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 129 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 130 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 131 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.bPacket Pg. 132Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.bPacket Pg. 133Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 134 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 135 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 136 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 137 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 138 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 139 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 140 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 141 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 142 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 143 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 144 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 145 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 146 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 147 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 148 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 149 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.b
Packet Pg. 150 Attachment: ATTACHMENT A - Backup Package (26997 : PL20230003394 Barn Variance - 45841040006)
Updated Survey-
1231 15h ST SW-Brewer Residence
3.B.c
Packet Pg. 151 Attachment: ATTACHMENT B - Boundary Survey (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.cPacket Pg. 152Attachment: ATTACHMENT B - Boundary Survey (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.c
Packet Pg. 153 Attachment: ATTACHMENT B - Boundary Survey (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.d
Packet Pg. 154 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance -
3.B.d
Packet Pg. 155 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance -
3.B.d
Packet Pg. 156 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance -
3.B.d
Packet Pg. 157 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance -
Warranty Deed
1231 15th ST SW, Naples, FL 34117
3.B.d
Packet Pg. 158 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.d
Packet Pg. 159 Attachment: ATTACHMENT C - Property Card & Deed (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 160 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 161 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 162 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 163 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 164 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 165 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 166 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.e
Packet Pg. 167 Attachment: ATTACHMENT D - Subject Property Building Permit Number 2004031300 (26997 : PL20230003394 Barn Variance - 45841040006)
1221 15th ST SW, Naples, FL 34117
Building Permits
3.B.f
Packet Pg. 168 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 : PL20230003394 Barn Variance -
3.B.fPacket Pg. 169Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 : PL20230003394 Barn Variance -
3.B.f
Packet Pg. 170 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 171 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 172 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 173 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 174 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 175 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.f
Packet Pg. 176 Attachment: ATTACHMENT E - Adjacent Northern Property Building Permit Number 2002011398 (26997 :
3.B.gPacket Pg. 177Attachment: ATTACHMENT F - Site Plan & Detail for Proposed Variance (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.g
Packet Pg. 178 Attachment: ATTACHMENT F - Site Plan & Detail for Proposed Variance (26997 : PL20230003394 Barn
3.B.g
Packet Pg. 179 Attachment: ATTACHMENT F - Site Plan & Detail for Proposed Variance (26997 : PL20230003394 Barn
3.B.g
Packet Pg. 180 Attachment: ATTACHMENT F - Site Plan & Detail for Proposed Variance (26997 : PL20230003394 Barn
ND-37588110
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 9:00 A.M.,
November 9, 2023, in the Hearing Examiner’s meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples
FL 34104, to consider:
PETITION NO. PL20230003394 VA – REQUEST FOR A 41.2-FOOT VARIANCE FROM THE LAND DEVELOPMENT
CODE SECTION 2.03.01.B.1.b.4 TO REDUCE THE REQUIRED MINIMUM 100 FEET SEPARATION DISTANCE FROM
THE ADJACENT RESIDENCE TO THE NORTH TO 59.8 FEET FOR AN EXISTING PERMITTED ACCESSORY SHELTER
FOR HORSES ON THE SUBJECT PROPERTY DESCRIBED AS THE SOUTH 150 FEET OF TRACT 10, GOLDEN GATE
ESTATES, UNIT NO. 193 SUBDIVISION, LOCATED AT 1231 15TH STREET SW, NAPLES, FL 34117 IN SECTION 17,
TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner
will become a permanent part of the record.
Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County
Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive, Naples, FL
34104.
As to any 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 Laws and Ordinances within 30 days of the
decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by 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.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public
comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely
should register through the link provided within the specific event/meeting entry on the Calendar of Events on the
County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the
County website. Registration should be done in advance of the public meeting, or any deadline specified within the
public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how
they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk.
The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division
located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting.
Andrew W. J. Dickman, Esq., AICP
Chief Hearing Examiner
Collier County, Florida WilsonBLVDGolden G ate B LV D W
White BLV D
15th ST SWKeaneAVE
16thAVESW
!I
Projec t
Loca tion
3.B.h
Packet Pg. 181 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
See reverse for more information
PUBLIC HEARING NOTICE
Barn variance - 45841040006 (VA)
Petition Type: Variance
Petition No.: PL20230003394
Planner Name: Sean Sammon
Phone: (239) 252-8422
Hearing Examiner:
Date: 11/09/2023
Time: 09:00 AM
Location: GMD Conference Room 609/610
2800 N. Horseshoe Dr, Naples, FL 34104
This is to advise you of an upcoming public hearing
because you may have interest in the proceedings,
or you own property located near the vicinity of the
following property.
For more information, or to register to participate
remotely:
https://bit.ly/Public_Hearings
*Remote participation is provided as a
courtesy and is at the user’s risk. The County
is not responsible for technical issues
For difficulties registering please call Ailyn Padron at
(239) 252-5187 or email to
ailyn.padron@CollierCountyFL.Gov.
Meeting information: Individual speakers may be
limited to five (5) minutes on any item. Persons
wishing to have written or graphic materials included
in the agenda packets must submit materials a
minimum of ten (10) days prior to the respective
public hearing, to the county staff member noted
above. All material used in presentations before the
Hearing Examiner 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 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.
If you are a person with a disability who needs any
accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact the
Collier County Zoning Division, located at 2800 N.
Horseshoe Drive, Naples, FL 34104, (239) 252-
2400, at least two (2) days prior to the meeting.
Assisted listening devices for the hearing impaired
are available upon request.
This petition and other pertinent information related
to this petition is kept on file and may be reviewed at
the Growth Management Community Development
Department building located at 2800 North
Horseshoe Drive, Naples, Florida 34104.
3.B.h
Packet Pg. 182 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
Hearing Examiner to consider the following:
PETITION NO. PL20230003394 VA – REQUEST FOR A 41.2-FOOT VARIANCE FROM THE
LAND DEVELOPMENT CODE SECTION 2.03.01.B.1.B.4 TO REDUCE THE REQUIRED
MINIMUM 100 FEET SEPARATION DISTANCE FROM THE ADJACENT RESIDENCE TO THE
NORTH TO 59.8 FEET FOR AN EXISTING PERMITTED ACCESSORY SHELTER FOR
HORSES ON THE SUBJECT PROPERTY DESCRIBED AS THE SOUTH 150 FEET OF TRACT
10, GOLDEN GATE ESTATES, UNIT NO. 193 SUBDIVISION, LOCATED AT 1231 15TH
STREET SW, NAPLES, FL 34117 IN SECTION 17, TOWNSHIP 49 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
3.B.h
Packet Pg. 183 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.hPacket Pg. 184Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.h
Packet Pg. 185 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.h
Packet Pg. 186 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.h
Packet Pg. 187 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
1
Sean Sammon
From:Ray Bellows
Sent:Wednesday, October 18, 2023 6:13 PM
To:Sinbadbo@comcast.net
Cc:Sean Sammon
Subject:RE: RE: Barn Variance 1231 15th ST SW
Good evening,
Based upon my conversation with Sean Sammon and the application file, I have approved the
placement of the hearing notice sign on your fence that is depicted below.
Please let me know if I can be of any other assistance.
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Rebecca Brewer <sinbadbo@comcast.net>
Sent: Tuesday, October 17, 2023 6:57 PM
To: Ray Bellows <Ray.Bellows@colliercountyfl.gov>
Cc: Sean Sammon <Sean.Sammon@colliercountyfl.gov>
Subject: Fwd: RE: Barn Variance 1231 15th ST SW
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Good afternoon Ray,
Hope all is well! Just wanted to confirm sign placement for our barn variance hearing.
According to our survey the right of way is considered the easement which is within 5 feet of our front
fence line. Can we install the hearing notice sign to our fence. The current sign measure 10 x 4 and
is very visible. The sign posting instructions note that a wood frame or wood panel is to be used. If
we attach to the existing fence no wood would be used, would this be acceptable?
Thank you for your thoughts
3.B.h
Packet Pg. 188 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
2
Dawn Brewer
---------- Original Message ----------
From: Sean Sammon <Sean.Sammon@colliercountyfl.gov>
To: "Sinbadbo@comcast.net" <Sinbadbo@comcast.net>
Cc: Ray Bellows <Ray.Bellows@colliercountyfl.gov>
Date: 10/16/2023 3:36 PM EDT
Subject: RE: Barn Variance 1231 15th ST SW
Dawn,
Use this image to mark where you prefer to place the sign and explain how posting it where required
may cause a hazard and request if Ray approves or for any alternate suggestions. Ray’s email is
Ray.Bellows@colliercountyfl.gov and CC me please, thank you.
3.B.h
Packet Pg. 189 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
3
Respectfully,
Sean Sammon, Principal Planner
Zoning Division - Zoning Services Section
Sean.Sammon@CollierCountyFL.gov
Phone: 239.252.8422; Fax: 239.252.6350
2800 N. Horseshoe Drive, Naples, FL 34104
3.B.h
Packet Pg. 190 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
4
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Dawn Brewer <sinbadbo@comcast.net>
Sent: Monday, October 16, 2023 8:19 AM
To: Sean Sammon <Sean.Sammon@colliercountyfl.gov>
Subject: Re: Barn Variance 1231 15th ST SW
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Good morning Sean,
Quick question:
The sign affidavit reads that the sign must be securely affixed by nails, staples, or other means to a
wood frame or to a wood panel; our sign is 4 x 10 vinyl banner (it’s big lol) and we were going to attach
it to the metal field fence at the front of our property.
Is the wood required? The banner has grommets and will be fixed and secured at all 4 corners.
Thank you
Dawn
3.B.h
Packet Pg. 191 Attachment: ATTACHMENT G - Legal Ad & HEX Sign Posting (26997 : PL20230003394 Barn Variance - 45841040006)
Joselin Banegas
1221 15 ST SW naples fl 34117
(239) 601-3903 email:bjoselin@hotmail.com
Dear: Mr. Michael Bosi
Zoning variance department Director
2800 North Horseshoe Dr.
naples , Fl 34104
March 7,2023
I'm writing today because I object to the variance that has been requested at 1231 15 st
SW Naples,fl 34117 I. I would like to express my concerns on how this variance will
impact myself,and my family lifestyle. If you grant this variance it will have a negative
effect on my family and myself. The following are my concerns:
●1. Given the current location of the horse structure, and shelter of the horse is
approximately less than 20 ft away from my property line .These do not meet
zoning code being too close from my house needs to be 100 ft away from any
adjacent house. This is illegal non conforming. Subsequently, because of the
close nature of the horse
and shelter, and horse manure all over the place and property line. It has
developed an infestation of green horse flies. Everyday these flies get into my house
just when opening the door. On any given day I can have between 10-40 flies
A day in my house.just from opening the door to getting in and out of the house.
●2. The families that reside at 1231 15 St SW. do not clean after the horse.
Because they keep the horse too close to my house ,and property line. Horse
excrement is left to decompose anywhere in the area where horse is kept
near my property line. They don't dispose of the manure and allow it to
decompose in the field next to the fenced area and close to my house. Also,
I have seen them attempt to cover horse manure near property lines with
sand. As you can imagine Horse flies are produced immediately.
●3. Please know that these green horse flies infestation has affected how my
family and I prepare, and eat our food. while we are eating or when i'm
cooking it's a nuisance to hear the buzzing sound of those flies they land on
the food. My children complain, and are frustrated with all this situation. I have
had to dispose of food from flies contamination many times .This is a health
hazard to my family.I have tried to continuously get rid of the flies by hanging
fly ribbon paper, and many other methods all of my widows are screened.
The only time flies can come in is only when we come in and out through the
door as brief as it is flies come in.
●4. In addition, to the flies there is a terrible odor from the horse manure. We
are tired of continuously having to deal with their horse flies.The lack of
hygiene and responsibility of these people has not allowed us to enjoy our
house because of the horse flies.we have been dealing with their flies
population almost five years ago,before we moved into the house.
●In summary, please do not grant the requested variance to 1231 15 ST SW
Naples,FL 34117. As I noted in the points above The location of the horse
3.B.i
Packet Pg. 192 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394
structure shelter is having a negative impact on the health and well being of
myself and my family.
Sincerely,
Joselin Banegas
CC: Sean Sammons
CC: Bill Mcdanields
3.B.i
Packet Pg. 193 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394
3.B.i
Packet Pg. 194 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 195 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 196 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 197 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 198 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 199 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 200 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 201 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 202 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 203 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 204 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.i
Packet Pg. 205 Attachment: ATTACHMENT H - Letter of Objection & Photos - March 7, 2023 - 6 More Photos Added October 27, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.j
Packet Pg. 206 Attachment: ATTACHMENT I - Letter of Good Character & Fence Photos (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.j
Packet Pg. 207 Attachment: ATTACHMENT I - Letter of Good Character & Fence Photos (26997 : PL20230003394 Barn Variance - 45841040006)
1231 15th ST SW, Naples, FL 34117
Fence photos
3.B.j
Packet Pg. 208 Attachment: ATTACHMENT I - Letter of Good Character & Fence Photos (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.j
Packet Pg. 209 Attachment: ATTACHMENT I - Letter of Good Character & Fence Photos (26997 : PL20230003394 Barn Variance - 45841040006)
3.B.j
Packet Pg. 210 Attachment: ATTACHMENT I - Letter of Good Character & Fence Photos (26997 : PL20230003394 Barn Variance - 45841040006)
Report Title:
Date:
Code Case Details
9/27/2023 3:43:10 PM Case Number:CEA20220009458
Case Information
CEA20220009458Case Number:
Case Type:
Priority:
Animals
Normal
Inspector:
Jurisdiction:
Origin:
Rickey.Migal
Collier County Code Enforcement
Complaint
Detail Description:Structure being used to shelter and/or for feeding of a horse does not meet required setbacks
from adjacent property's residential structure.
Location Comments:1231 15th ST SW
OpenStatus:
Date & Time Entered:
Entered By:
10/13/2022 2:11:00 PM
BradleyHolmes
Case Disposition:Case Pending
Address 1231 15th ST SW, Naples
Property 45841040006
Address Location
Property Owner BREWER, DONNIE L & REBECCA L
Contacts
1Business Management & Budget Office
3.B.k
Packet Pg. 211 Attachment: ATTACHMENT J - Code Enforcement Case - CEA20220009458 (26997 : PL20230003394 Barn Variance - 45841040006)
Execution Date 9/27/2023 3:43:10 PMCode Case Details
Investigations
Desc Assigned Required Completed Outcome Comments
Verify Complainant Rickey.Migal 10/13/2022 10/14/2022 Not
Required
COMPLAINANT: Joselin Banegas, 1221 15th
ST SW, Phone 239-601-3903
CE Case Research Rickey.Migal 10/14/2022 10/14/2022 Complete No related cases. CEVR20220008385 open
for unpermitted clearing of vegetation.
CE Staff Review Rickey.Migal 10/14/2022 10/14/2022 Complete MigalRickey 10/14/2022 10:26 AM - ordered
permit 2004031300 from GMD Records.
CE Phone Call Rickey.Migal 10/14/2022 10/14/2022 Complete MigalRickey 10/14/2022 10:24 AM - left
voicemail message for complainant Joselin
asking for permission to take pictures of the
horse stalls from her property. Asked for
return call.
Initial Inspection Rickey.Migal 10/17/2022 10/17/2022 Incomplete MigalRickey 10/17/2022 11:19 AM - observed
horse stalls from legal vantage point in
complainant's rear yard. One horse
observed. Took pictures.
Attach Picture(s)Rickey.Migal 10/17/2022 10/17/2022 Complete
CE Staff Review Rickey.Migal 10/17/2022 10/17/2022 Complete MigalRickey 10/17/2022 11:21 AM - research
shows that the complainant's house was built
in 2002. The horse stalls were built in 2004
under permit 2004031300.
CE Meeting Rickey.Migal 10/19/2022 10/19/2022 Complete MigalRickey 10/19/2022 12:05 PM - meeting
attended by the Brewers (property owners),
their Lawyer Jeff Wright, Jeff Letourneau,
Mike Ossorio and myself. Explored various
options concerning addressing the setback
isssue with the horse stalls. Property owners
and their lawyer will discuss said options,
choose which they prefer to pursue, and notify
Code of their decision. No specific timeline
was discussed.
Initial Inspection Follow-up Rickey.Migal 10/24/2022 10/25/2022 Violation(s)
Found
MigalRickey 10/25/2022 1:21 PM - Collier
County setback for horse barn is 100' from
the nearest residence. Measurement using
the Property Appraiser aerial shows the barn
to be approximately 62' from the corner of the
residence at 1221 15th St SW (complainant's
property), and has been deemed a violation.
NOV to be issued.
Record Violations Rickey.Migal 10/25/2022 10/25/2022 Complete
Generate Notice of Violation Rickey.Migal 10/25/2022 10/25/2022 Complete
Attach Picture(s)Rickey.Migal 10/26/2022 10/27/2022 Complete
Personal Service Attempt Rickey.Migal 10/26/2022 10/27/2022 Complete
CE Staff Review day_n 10/27/2022 10/27/2022 Complete Attached NOV signed by recipient /nd
2Business Management & Budget Office
3.B.k
Packet Pg. 212 Attachment: ATTACHMENT J - Code Enforcement Case - CEA20220009458 (26997 : PL20230003394 Barn Variance - 45841040006)
Execution Date 9/27/2023 3:43:10 PMCode Case Details
Desc Assigned Required Completed Outcome Comments
Re-Inspection Rickey.Migal 11/7/2022 11/7/2022 Non-
Compliant
MigalRickey 11/07/2022 1:14 PM - received
clarification from Chief Building Inspector that
by removing the roof and trusses (total roof
structure) from above the first four horse stalls
(from north to south), the back wall of said
stalls can remain and will be considered part
of the fence around the horse pen. The
removal of the roof structure and the
separating walls in between each stall will
require a structure alteration permit. Once
accomplished, the 100' setback from the
neighboring house will be achieved. Property
owmer has advised that he will apply for the
permit within the next two to three weeks,
after the complation of the fence that he is
installing between his property and the
complainant's.
CE Phone Call Rickey.Migal 12/2/2022 12/2/2022 Complete MigalRickey 12/02/2022 11:15 AM - spoke to
property owner Donnie Brewer, asking for an
update on the horse barn. He has been out
of town for Thanksgiving and will get back to
preparing to apply for the alteration permit
over the next two weeks, and hopes to apply
for the permit before the end of the year.
CE Phone Call Rickey.Migal 12/19/2022 12/19/2022 Complete MigalRickey 12/19/2022 9:34 AM - spoke to
property owner DOnnie Brewer. He is waiting
for the Holidays to pass and then he will take
his horse stall blueprints to permitting to
determine exactly how much of the structure
needs to be removed to come into
compliance.
Re-Inspection Rickey.Migal 12/19/2022 12/19/2022 Non-
Compliant
MigalRickey 12/19/2022 9:36 AM - property
owner Dinniie Brewer is still working with his
lawyer and the permittind department to
determine exactly how much of the horse stall
structure needs to be removed to be
compliant. The process has stalled because
of the upcoming Holidays, and he stated that
nothing further would happen prior to the New
Year. Will re-inspect in early January.
CE Phone Call Donna.Gentsc
h
12/29/2022 12/29/2022 Complete The COMPLAINANT: Joselin Banegas, 1221
15th ST SW, Phone 239-601-3903 called and
requested the case detail. I emailed it to her
at bjoselin@hotmail.com dg
Re-Inspection JordannMarin
os
1/26/2023 1/27/2023 Non-
Compliant
Completed and sent a zoning determination
for Ray Bellows through Bradley Holmes
requesting information as to whether or not
Mr Brewer's proposed building alterations
would satisfy zoning requirements. Standing
by for results. CM88
CE Phone Call Rickey.Migal 1/31/2023 1/31/2023 Complete MigalRickey 01/31/2023 10:35 AM - spoke to
Donnie Brewer. Today, he is applying for a
permit to convert four of the five horse stalls
into storage, and sometime this week he will
be submitting an application for a variance for
the horse stalls. His logic is that if the
variance falls through, he is ready to modify
the stalls.
3Business Management & Budget Office
3.B.k
Packet Pg. 213 Attachment: ATTACHMENT J - Code Enforcement Case - CEA20220009458 (26997 : PL20230003394 Barn Variance - 45841040006)
Execution Date 9/27/2023 3:43:10 PMCode Case Details
Desc Assigned Required Completed Outcome Comments
CE Staff Review Rickey.Migal 1/31/2023 1/31/2023 Complete MigalRickey 01/31/2023 10:37 AM - added
email thread addressing a variance for the
horse stalls to the case docs.
Re-Inspection Rickey.Migal 2/2/2023 2/2/2023 Non-
Compliant
MigalRickey 02/02/2023 12:44 PM - permit
PRAC20230204433 status is "Pending" and
covers converting the four stalls closest to the
neighbor to the north into dry storage. He has
indicated that he will also apply for a variance
for the horse stalls within the next few days,
and will decide with which he will follow
through based on the County's response to
each. Will continue to monitor.
Re-Inspection Rickey.Migal 2/24/2023 2/24/2023 Non-
Compliant
MigalRickey 02/24/2023 3:16 PM - permit
PRAC20230204433 status is "Issued" and
covers converting the four stalls closest to the
neighbor to the north into dry storage.
Variance request PL20230003394 was
opened on 2/24/23 and a pre-application
meeting has not yet been scheduled.
CE Phone Call Donna.Gentsc
h
2/27/2023 2/27/2023 Complete COMPLAINANT: Joselin Banegas, 1221 15th
ST SW, Phone 239-601-3903 called asking
for a case update. She also mentioned that
they aren't keeping the stalls clean and she is
being inundated with horse flies. dg
Re-Inspection Rickey.Migal 3/6/2023 3/6/2023 Non-
Compliant
MigalRickey 03/06/2023 3:50 PM - pre-
application meeting for variation st for March
21, 2023 at 1:30 PM. I will be attending by
Zoom meeting.
CE Meeting Rickey.Migal 3/21/2023 3/21/2023 Complete MigalRickey 03/21/2023 3:06 PM -
participated in Zoom meeting with property
owner Donnie Brewer and his daughter Dawn,
Cormac Giblin, Ray Bellows and Sean
Sammon from Collier Zoning Dept. Mr.
Brewer explained the history of the horse
barn, that the original structure pre-dated the
house to the north which is the subject of the
100' animal structure setback, and how the
updates he performed the early 2000's were
permitted, inspected and finaled by the
county, in spite of the lack of the proper
setback minimum from the neighbor's primary
structure. Mr. Sammon explained what
documents are necessary when the Brewers
submit their Application for Variance. Dawn
Brewer requested that the fees pertaining to
the variance be waived, in light of the fact that
the horse stalls were properly permitted and
approved by the County and therefore her
family should not be penalized financially for
the County's error. Mr. Bellows explained that
County employees cannot waive those fees,
and only the Board of Commissioners can
collectively make that judgment. He
suggested that the Brewers keep in close
contact with Commissioner McDaniel
regarding the fees.
4Business Management & Budget Office
3.B.k
Packet Pg. 214 Attachment: ATTACHMENT J - Code Enforcement Case - CEA20220009458 (26997 : PL20230003394 Barn Variance - 45841040006)
Execution Date 9/27/2023 3:43:10 PMCode Case Details
Desc Assigned Required Completed Outcome Comments
Re-Inspection Rickey.Migal 4/26/2023 4/27/2023 Non-
Compliant
MigalRickey 04/26/2023 8:35 AM - an inquiry
with the Zoning Dept. and a phone call to
property owner revealed that the property
owner has yet to submit the variance
application. He is finalizing the form and will
send it to the County within the next 10 days.
Re-Inspection Rickey.Migal 5/12/2023 5/12/2023 Non-
Compliant
MigalRickey 05/12/2023 2:06 PM - variance
PL20230003394 has been applied for
concerning the horse stalls and is awaiting
payment of fees. Will continue to monitor.
Re-Inspection Rickey.Migal 6/23/2023 6/23/2023 Non-
Compliant
MigalRickey 06/23/2023 8:37 AM - variance
process is still active. Will continue to
monitor.
Re-Inspection RyanCathey 7/28/2023 8/3/2023 Non-
Compliant
Monitoring variance
CE Phone Call BradleyHolme
s
9/5/2023 9/5/2023 Complete 9-5-2023 Attempted to speak with the
complainant to provide a case update. No
answer - voicemail left with my call back
number. BH91
Re-Inspection Rickey.Migal 9/15/2023 9/15/2023 Non-
Compliant
MigalRickey 09/15/2023 3:20 PM - variance
process is still active. Will continue to
monitor.
Re-Inspection Rickey.Migal 11/27/2023 Pending MigalRickey 09/15/2023 3:25 PM - variance
PL20230003394 has been applied for
concerning the horse stalls and is awaiting
payment of fees. Will continue to monitor.
Violations
Violation Description Status Entered Corrected Amount Comments
Animals - Estates NOV Issued 10/25/2022 $0 Structure being used to shelter and/or for
feeding of a horse does not meet required
setbacks from adjacent property's residential
structure.
Hearings
Title Reason Result Compliance Fine/Day Condition
5Business Management & Budget Office
3.B.k
Packet Pg. 215 Attachment: ATTACHMENT J - Code Enforcement Case - CEA20220009458 (26997 : PL20230003394 Barn Variance - 45841040006)
glontzlOw.com
Ronold P. Glontz
Also admitted in
DC & NY Bars
Wendy Newmon Glontz
Family Law Mediator
Lindsey Glontz
Partner
Also admitted in
DC Bar
October 4,2023
VIA REGULAR MAIL
AND VIA E-MAIL: Bi Il.McDa niel@coll ie rcou ntvll' gov
Mr. Bill McDonald
Board of Collier County Commissioners District Five
Collier County Government Center
3299 TamiamiTrail East
Naples, FL34l12
VIA CERTIFIED MAIL: 7018 1830 0001 4310 0245
AND VIA E-MAIL: Amv.Patterson@col liercountvfl .sov
Ms. Amy Patterson, County Manager
Collier County Government Center
3299 TamiamiTrail East
Naples, FL 34112
VIA CERTIFIED MAIL: 7018 1830 0001 4310 0252
AND VIA E-MAIL: Tom.Iandima rino@collierco untyfl .sov
Mr. Tom Iandimarino, Director
Code Enforcement Division
Development Services Building
2800 Horseshoe Drive N
Naples, FL34104
RE: Our Client:
Our File No.:
Property:
Joselin Banegas
sFL-ZH6-QBG
1231 15th Street SW, l.{aples,BL34ll7
Dear Commissioner McDaniel, Ms. Patterson and Director Iandimarino:
'fhe Law Offices of Glantzlarv is writing on behalf of NIs. Joselin Banegas regalding the
above-referenced property. Ms. Banegas lives next door at 1221 l5th Street SW, and on March 7,
2023, nailed the errclosed letter to the Zoning Variance Department Director objecting to a
variance request for a horse structure.
Ms. Banegas has had a number of issues with her neighbors, Donnie and Rebecca
Brewer, owners of 1231 15tl'street SW, because the owners cf the subject property own a horse.
Ms. Banegas does not object to the horses, per se, however, the Brewers have used reckless
disregard in caring for their horse. The Brewers built the stalls that house the animals less than
the one hundred feet required from her property line. The Brewers applied for a zoning variance,
and Ms. Banegas sent the enclosed letter, expressing her objections. Those concerns w€re
ignored.
7951 SW 6th Street . Sulte 300 . Plontotion, FL 33324
fel: 954.423.0086 . toit free BAO.29O]B71
fox 954.473,O424
3.B.l
Packet Pg. 216 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
Commissioner Bill McDonald
Board of Collier County Commissioners
Collier County Government Center
Mr. James Flench, Director
Growth Management and Community Development
Development Services Building
Mr. Tom Iandimarino, Director
Code Enforcement Division
Development Services Building
October 4,2023
Page Two
In addition, they fail to clean up the horse manure and instead throw sand over it or let it
just sit there until it dries. This causes a significant health risk due to an infestation of green
irorse flies that also disturb her property, by damaging her trees and overrunning her home. This
strong odor from the horse manure has also affected Ms. Banegas and her family's rights of quiet
enjoyment of their property. She is unable to enjoy the outdoors and eat outside. The Brewers
inientionally shirk iheir responsibilities to take care of the animals in an effort to harass the
Banegas family.
Please investigate this matter, as we believe they are in violation of Collier County Code
Enforcement Section 14-78 Proper Animal Husbandry including but not limited to numbers 1, 3,
6,9, and 15.
Sec. 14-78. - Proper Animal Hustrandry.
LINK
SECTTON SEMAI I. SECTIONCOIVII>ARE VtrRSIONS
Apyone who owns or maintains an animal-related business, animal-related organization,
coprmercial breeder, non-commercial breeder, or rodeo mttst exercise proper Animal
Husbandry, which includes the following practices:
I. Animal enclosules must be safe, sanitary, dry, and must protect the animals from the
elernents.
j. W[er.e au enclosurc is usecl seqr"rentially fbr mole than one artintaI during the cortrse ola da1,'.
the enclosure will be cleatted. sanitized and dried between each animal.
6. Housing facilities for anirnals must be clean and sulficiently ventilated at all times rvhen
anirnals are present to provide for their healtlt, comfbft and lvell-beirlg.
9. Prernises where anir.nals are housed shall be cleatt, orderly and free of garbage, toxic
substances, unused fbod, standing water, sharp objects, litter or refuse.
15. All aninral feces shall be rernoved and disposed of properly. Livestock rnanure, which ltas
been removed fronr animal enclosures. shall be maintained the maxitrrrttn feasible distance fi'ottt
anirnal housing. Animal feces shall not be allowed to contaminate surrounding waters.
3.B.l
Packet Pg. 217 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
Commissioner Bill McDonald
Board of Collier County Commissioners
Collier County Government Center
Mr. James French, Director
Growth Management and Communify Development
Development Services Building
Mr. Tom landimarino, Director
Code Enforcement Division
Development Services Building
October 4,2023
Page Three
The Brewers have engaged in an active nuisance, by failing to care for their animals
proper hygiene. While owning horses on the property is permitted, the Brewers need to do so in a
way thaf does not affect their neighbors as a public nuisance. The Brewers behavior has escalated
to the point of intentional harassment and persecution.
The Brewers also currently have a number of Recreational Vehicles that are used for
residential purposes. They appear to be renting the RVs for tenants and this is also creating a
nuisance, due to the loud noises frorn the generators. Not only does this provide a nuisance
through loud noises, it also violates Section 130-96 of the Collier County Code.
Sec. 130-96. Limitation on the parking, storage or use of recreational vehicles.
(a) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes
when parked or stored on a lot in a Residential District, or any location not approved for
such use. In Residential Districts permitting single-family homes or mobile homes, a
Recreational Vehicle may be parked or stored only in a rear yard, or in a completely
enclosed building, or in a carport, or on davits or cradles adjacent to waterways on
residentially zonedproperty; provided, however, that such Recreational Vehicle may be
parked anywhere on residential premises, other than on county rights-of-way or right-of-
way easements for a period not to exceed six hours within a time period of seven days for
loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this
section, the rear yard for a corner lot shall be considered to be that portion of the lot
opposite the street with the least frontage. For through lots, the rear yard shall be
considered to be that portion of the lot lying between the rear elevation (by design) of the
residence and the street.
(b) The following exceptions may be granted by the County Manager or his designee:
(1) Recreational Vehicles may be parked only on a driveway located within the front yard
*alo, on a driveway located within the side yard of a single-family or mobile home
residence other than on County rights-of-way or right-of-way easements for a period not
to exceed 48 hours within any given 7-day time period so long as a permit is obtained
from the Collier County Code Enforcement Division. Said permit must be affixed to the
Recreational Vehicle in such away that the permit is visibte from the street. Such permits
shall be available on-line at the Collier County Code Enforcement Division website'
I
3.B.l
Packet Pg. 218 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
Commissioner Bill McDonald
Board of Collier County Commissioners
Collier County Government Center
Mr. James French, Director
Growth Management and Community Development
Development Services Building
Mr. Tom landimarino, Director
Code Enforcernent Division
Development Services Building
October 4,2023
Page Four
(2) Recreational Vehicles may be parked upon the premises of the resident for a period
not exceeding seven days for the purpose ofrepairing and/or cleaning prior to or after a
trip. A temporary use permit must be obtained from the Collier County Code
Enforcement Division to authorize this activity. Said permit must be affixed to the
Recreational Vehicle in such a way that the permit is visible from the street. No more
than two consecutive permits may be issued, and the maximum number of permits issued
during one calendar year shall be restricted to four.
(3) Nonresident: Such car, trailer, bus, or motor home, when used for transportation of
visitors to this county to visit friends or members of the visitor's family residing in this
county may be parked upon the premises of the visited family for a period not exceeding
seven days. A temporary use permit must be obtained from the Collier County Code
Enforcement Division to authorize this activity. Said permit must be affixed to the
Recreational Vehicle in such a way that the permit is visible from the street. This does
not allow for living, sleeping, or housekeeping purposes. No more than two consecutive
permits may be issued and the maximum number of permits issued, during one calendar
year shall be restricted to four.
Ms. Banegas has attempted to speak with the Brewers regarding these issues and her
concerns have been ignored. In fact, the Brewers dumped waste on her properfy including palm
trees and removed one of her trees without her permission. We are only reaching out to you
because she has exhausted all attempts to resolve these issues with the Brewers.
We are asking that you investigate this matter in order to resolve the issues.
Thank you for your prompt attention to this matter.
Very TrulY Yours,
GLANTZLAW
.S" tt S- fit"A^^
SLF: tr
Enclosure
cc: Joselin Banegas
BY
SCOTT L. FISHMAN, ESQUIRE
3.B.l
Packet Pg. 219 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
?D*
!*
t
3.B.l
Packet Pg. 220 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
,r.,*
3.B.l
Packet Pg. 221 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
t,
GAgG#:g;5'i::="E;:-.
3.B.l
Packet Pg. 222 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
t.-:-- .:,.
r:-< l,.':@
3.B.l
Packet Pg. 223 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
,!
Jl -.-- -.
3.B.l
Packet Pg. 224 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
x
dt
I r.a
3.B.l
Packet Pg. 225 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
ioselir-r Banegas
122115 ST SW naples 1134117
(239) 601-3903 erna i I : bjosel in,.,.ih otnr a i l.corvr
Dear-: ltrlr. Michalel Bosi
Zoning variance dep8rtment Director
2800 North Horseslroe Dr.
naples , FI 34104
Morch 22023
i'm u.rriting tod.ly llecause I object to tlre voriance that has been requesieci at 1231 15 st
S\il Naples,fl 34117 l.l woulcJ like to express nry concerns on how this variance urill
inrpact mysel{and r.;iy iamily iifestyle. lf you grant this variance it lvill have 0 negative
effect on niy fallily and nryself. The following are my concenrs:
r '1. Givei: the current location of the horse structure. and shelter of the horse is
approrimately less than 20 ft away fi'om my property line .Tlrese do not meet
zcnir-tq code being toc close fl om mv house neecls to be 100 ft away from any
r,:Ijece'':t hcuse. This is iile.qel iron confoi-rling. Sr.rbsecli-ie.ntly., i:rrrt;ol.;se of tir,l
..1,. j1 ,r,1ii r"c cf th..: horse
.-rrtcl slreiier. aircj l:orse mai'iLrre iil o\,'cr tlre place ancj property lii-:1. lt ias
ijevehrirecl an iirfesteticrr olqieen nor.se ilies. fveryday ihesi: flies gei intc ir,'y houst:
just when opening the door. On any girrerr doy I can harze betvreen 10-40 fiies
A day in nry house.just froftr oper'ling the door to getting in arld out of the house.
a 2. The families that reside at 1231 15 St S\#. do not clean after the horse
Because they keep the horse too close to my house ,and property line. Horse
excrenrent is leftto deccmpose anyurhere in the area where horse is kept
near my property lirie. They don't dispose of the manure arrcl allow it to
decoritpose in the field next to the fenced area and close to my house. Also,
I trave seen tl')em attempt to cover horse manure near property lines vrritlr
sand. As yoLr cer'r imagine Horse flies are producecl immediately.
a 3. P[ease know that these green horse flies infestation has affected how my
fanrily and I prepare. and eat r:ur food. while we are eating or u.rlrer: i'rn
-] ' : 'l . ti.i::.. t r' ' , "' ': :.:,,,:,., i. '. ..,:r'',,.;. ,,..,
tire ioc.i. iViy chilclren corripiairi, arlcl ai'e [rLrsirated witn all tliis situation. I l-]ave
hod to clispose of food frcm flies contamination m6ny times This is a healtlr
Irazard to rrryramily.l ha,ie ti"ied to continuously get rid oitlre flies by harrging
ily ribbon paper, 3nC many oiher methods all of nry widows are screelred.
Tlte onlytirne ilies can conle ilr is oni)/ wherr we conre in and oirtthrou!h ihe
door as brief as it is flies come in.
a 4. ln adCition, to the flies tnere is a terrible oclor from the horse rlanirre. We
are tired of ccntinuously heving tr: deal with their horse flies.Tl.re lack of
hygiene and resilonsibility of these people has not allowed us to enjoy our
house because of tlle hr:rse flies.we have been clealing with their flies
population almost five years ego,before we morred into the house.
ln sumnrary. please do not grant the requested variance to 1231 15 ST SW
Naples,FL 34117. As I noted in the points above The location of the horse
a
3.B.l
Packet Pg. 226 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
sti'Lrcture shelter is having a negiitive inrpact on the health i:nd well being of
rnyself afici rYry feinrrily.
Sincerely,
Joselin Banegas
CC: Sean Sammons
CC: Bill Mcdanields
3.B.l
Packet Pg. 227 Attachment: ATTACHMENT K - Letter of Objection from Attorney - October 4, 2023 (26997 : PL20230003394 Barn Variance - 45841040006)
11/09/2023
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Doc ID: 26668
Item Summary: Petition No. NUC-PL20230011674 – 68th Street S.W - Naples Christian Academy - Request for
a change to a non-conforming use pursuant to Land Development Code Sections 9.03.02.D and 10.03.06.V to allow
a K-8 private school use to replace a fitness center use. The subject property is 5.19+ acres and located at 6800
Golden Gate Parkway, on the southwest quadrant of Golden Gate Parkway and 68th Street S.W., approximately
one-half mile west of the I-75 and Golden Gate Parkway interchange, in Section 30, Township 49 South, Range 26
East, Collier County, Florida. (Coordinator: Nancy Gundlach, Planner III) (Commissioner District 4)
Meeting Date: 11/09/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Nancy Gundlach
10/16/2023 10:10 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/16/2023 10:10 AM
Approved By:
Review:
Hearing Examiner (GMD Approvers) Diane Lynch Review Item Completed 10/16/2023 2:00 PM
Operations & Regulatory Management Michael Stark Review Item Completed 10/17/2023 12:53 PM
Zoning Ray Bellows Review Item Completed 10/18/2023 3:36 PM
Zoning Nancy Gundlach Review Item Skipped 10/27/2023 3:36 PM
Zoning Mike Bosi Division Director Completed 10/27/2023 4:21 PM
Hearing Examiner Andrew Dickman Meeting Pending 11/09/2023 9:00 AM
3.C
Packet Pg. 228
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 1 of 8
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: NOVEMBER 9, 2023
SUBJECT: NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NON-
CONFORMING USE CHANGE (NUC)
______________________________________________________________________________
PROPERTY OWNER/APPLICANT:
Fast Forward Fitness, LLC
3001 Tamiami Trail North # 206
Naples, FL 34103
AGENTS:
D. Wayne Arnold Richard D. Yovanovich, Esquire
Q. Grady Minor and Associates, P.A. Coleman, Yovanovich & Koester, P.A.
3800 Via Del Rey 4001 Tamiami Trail North, Suite 300
Bonita Springs, FL 34134 Naples, FL 34103
REQUESTED ACTION:
Request for a change to a non-conforming use pursuant to Land Development Code Sections
9.03.02.D and 10.03.06.V to allow a K-8 private school use to replace a fitness center use.
GEOGRAPHIC LOCATION:
The subject property is 5.19+ acres and located at 6800 Golden Gate Parkway, on the southwest
quadrant of Golden Gate Parkway and 68th Street S.W., approximately one-half mile west of the
I-75 and Golden Gate Parkway interchange, in Section 30, Township 49 South, Range 26 East,
Collier County, Florida. (See the Location Map on the following page)
3.C.a
Packet Pg. 229 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 2 of 8
3.C.a
Packet Pg. 230 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 3 of 8
AERIAL SITE PLAN
3.C.a
Packet Pg. 231 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 4 of 8
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner seeks a non-conforming use change, per Section 9.03.02.D of the Land
Development Code. The subject property was originally developed as a shopping center. Since
1990, the Collier County Board of Zoning Appeals authorized the following non-conforming use
changes:
Year: Resolution Number: Land Use:
1990 90-133A Bowling Alley
1996 96-106 Indoor Recreation
1997 97-305 Middle School
2002 02-142 Fitness Center
The petitioner proposes replacing the 28,000-square-foot fitness center with a K-8 private school
for a maximum of 225 students. The private school is proposed to occupy the existing building
with no structural alterations proposed. The site has 280 existing parking spaces which is ample
parking (5 parking spaces per 4 faculty/staff members) for a 225 student K through 8 school.
A vehicle trip generation report was submitted with the petition indicating a reduction in the PM
peak hour vehicle trips as a result of converting the fitness center to a K-8 private school use.
The existing physical conditions of the site (building footprint, access, and parking) are proposed
to remain.
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding the boundaries of the subject property, which is in the Urban Golden Gate
Estates/Mixed Use District/Residential Estates Subdistrict per the Golden Gate Area Master Plan
of the Growth Management Plan, and zoned Estates (E) with Corridor Management Overlay and
Airport Overlay Districts:
North: Golden Gate Parkway, beyond which are 2.25-3.02+ acre parcels developed with
single-family homes, within the Corridor Management Overlay and Airport Overlay
Districts with a zoning designation of (E)
East: 68th Street Southwest, a local 2-lane road, beyond which is an undeveloped 2.81+ acre
property, within the Corridor Management Overlay and Airport Overlay Districts
with a zoning designation of (E)
South: Undeveloped 2.73+ acre property, zoned Estates within the Airport Overlay District
with a zoning designation of (E)
West: Undeveloped 5.15+ acre property, within the Corridor Management Overlay and
Airport Overlay Districts with a zoning designation of (E)
3.C.a
Packet Pg. 232 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 5 of 8
AERIAL
STAFF ANALYSIS:
When considering a Nonconforming Use Change petition, per LDC Section 9.03.02.D, the Hearing
Examiner must make findings that: 1) no structural alterations are being proposed; 2) the proposed
use must be of the same character, or a more restrictive than the existing nonconforming use; 3)
that the proposed use is equally or more appropriate for the district than the existing
nonconforming use; 4) that the relation of the structure to surrounding properties is such that
adverse effect on occupants and neighboring properties will not be greater than if the existing
nonconformity is continued; 5) whether appropriate conditions and safeguards are needed in
accordance with the intent and purpose of the LDC.
1. There are no structural alterations being proposed.
No structural alterations constituting an intensification of use are being proposed.
Subject Site
3.C.a
Packet Pg. 233 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 6 of 8
2. The proposed use must be of the same character, or more restrictive than the existing
nonconforming use.
The TIS associated with the proposed use change illustrates a reduction of PM traffic generated
by the proposed K-8 private school use compared to the trip generation rates of the existing
fitness center. The hours of operation of the proposed school are 7:00 AM to 5:00 PM, and
the hours of operation of the fitness facility were 5:00 AM to 12:00 AM (Monday through
Thursday) and varying hours within the time frame on the other days. Thus the proposed hours
of operation are more restrictive than the existing non-conforming use.
3. That the proposed use is equally or more appropriate for the district than the existing
nonconforming use.
The proposed K-8 private school use will be more appropriate for the surrounding area than
the existing fitness center based upon no physical change to the characteristics of the property,
reduction in trip generation, and reduction in hours of operation as the school day will end
before evening (from 7:00 AM to 5:00 PM).
4. The relation of the structure to surrounding properties is such that the adverse effect on
occupants and neighboring properties will not be greater than if the existing
nonconformity is continued.
The existing nonconformity, the fitness center, is no longer in operation. Thus a vacant,
declining, unused property currently exists. The proposed K-8 private school use will be an
improvement to the neighborhood. The reduction in PM trip generation and reduction in hours
of operation from 7:00 AM to 5:00 PM will have a favorable effect on neighboring properties.
5. Whether appropriate conditions and safeguards are needed in accordance with the intent
and purpose of the LDC.
The petitioner indicated six conditions for approval, specific to:
1. The K-8 private school use shall be limited to a maximum of 225 students and the square
footage of principal and accessory structures shall not exceed the existing 28,000 square
feet. Detached accessory structures shall be limited to 2,000 square feet.
2. Weekday and weekend hours are limited to 7:00 AM to 5:00 PM with occasional school
functions permitted after hours.
3. No outdoor amplified sound shall be permitted unless permitted under a Temporary Use
Permit for a special event.
4. Leasing of the school facility to outside groups or use by other groups is prohibited. The
school facility is permitted to allow for accessory uses to the approved school use which
includes community meetings, civic associations, youth meetings, guest speakers,
neighborhood meetings, and Boy and Girl Scouts.
3.C.a
Packet Pg. 234 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 7 of 8
5. For events of significant traffic generation, as determined by Collier County staff, the
school shall provide traffic control by law enforcement or a law enforcement-approved
service provider as directed by Collier County staff, with staffing at the location(s) as
directed by Collier County Transportation Engineering Division Director or designee.
6. The northern project ingress/egress access point as shown on the Site Plan will be closed
off with traffic cones during student drop-off (7:30 AM – 8:30 AM) and pick-up (2:30 PM
– 3:30 PM). See Attachment B-Stacking Exhibit.
Staff has one additional conditional of approval to address potential traffic stacking onto public
roadways:
7. There shall be no traffic queuing or impacts on any existing through lanes on adjacent
roadways including Golden Gate Parkway and 68th St. SW. The drop-off and pick-up
traffic will be accommodated onsite through onsite stacking and site circulation. Traffic
circulation and stacking will be addressed in an SDP/SDPI in accordance with the
requirements of LDC Section 5.05.14 for public schools.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition NUC-
PL202300011674, subject to the following conditions:
1. The K-8 private school use shall be limited to a maximum of 225 students and the square
footage of principal and accessory structures shall not exceed the existing 28,000 square
feet.
2. Weekday and weekend hours are limited to 7:00 AM to 5:00 PM with occasional school
functions permitted after hours.
3. No outdoor amplified sound shall be permitted unless permitted under a Temporary Use
Permit for a special event.
4. Leasing of the school facility to outside groups or use by other groups is prohibited. The
school facility is permitted to allow for accessory uses to the approved school use which
includes community meetings, civic associations, youth meetings, guest speakers,
neighborhood meetings, and Boy and Girl Scouts.
5. For events of significant traffic generation, as determined by Collier County staff, the
school shall provide traffic control by law enforcement or a law enforcement-approved
service provider as directed by Collier County staff, with staffing at the location(s) as
directed by Collier County Transportation Engineering Division Director or designee.
6. The northern project ingress/egress access point as shown on the Site Plan will be closed
off with traffic cones during student drop-off (7:30 AM – 8:30 AM) and pick-up (2:30 PM
3.C.a
Packet Pg. 235 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-PL20230011674, NAPLES CHRISTIAN ACADEMY NUC November 2, 2023
Page 8 of 8
– 3:30 PM). See Attachment B-Stacking Exhibit.
7. There shall be no traffic queuing or impacts on any existing through lanes on adjacent
roadways including Golden Gate Parkway and 68th St. SW. The drop-off and pick-up
traffic will be accommodated onsite through onsite stacking and site circulation. Traffic
circulation and stacking will be addressed in an SDP/SDPI in accordance with the
requirements of LDC Section 5.05.14 for public schools.
Attachments:
Attachment A-Application
Attachment B-Stacking Exhibit
3.C.a
Packet Pg. 236 Attachment: Naples Christian Academy Staff Report - 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375
3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266
Bonita Springs, FL 34134 www.gradyminor.com
August 28, 2023
Ms. Nancy Gundlach
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
RE: Naples Christian Academy Non-Conforming Use Change (NUC) – PL20230011674,
Submittal 1
Dear Ms. Gundlach:
An application for Public Hearing for a Non-Conforming Use Change (NUC) is being filed
electronically for review.
The subject property is 5.19+/- acres in size and is located on the southwest quadrant of Golden
Gate Parkway and 68th Street S.W. The applicant is proposing to replace the Fitness Center use
with a private school, with typical accessory uses, having a maximum capacity of 225 students.
The proposed school would occupy the existing building space with only the need to make minor
interior renovations to the building.
Documents filed with submittal 1 include the following:
1. Cover Letter
2. Application for Non-Conforming Use Change
3. Proposed Conditions of Approval
4. Pre-Application Meeting Notes
5. Aerial Photograph
6. Addressing Checklist
7. Affidavit of Authorization
8. Property Ownership Disclosure
9. Site Plan
10. Stacking Exhibit
11. Narrative Statement
12. Warranty Deed(s)
13. Drainage and Utility Easement
14. Plat Book 7 PG 57
3.C.b
Packet Pg. 237 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Ms. Nancy Gundlach
RE: Naples Christian Academy Non-Conforming Use Change (NUC) – PL20230011674, Submittal 1
August 28, 2023
Page 2 of 2
15. Traffic Impact Statement
16. Previous Approvals
Please feel free to contact me should you have any questions.
Sincerely,
D. Wayne Arnold, AICP
c: John Hunter
Gordon Henke
Richard D. Yovanovich, Esq.
GradyMinor File (NCANUC-23)
3.C.b
Packet Pg. 238 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 239 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 240 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 241 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.bPacket Pg. 242Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Naples Christian Academy NUC (PL20230011674)
Conditions of Approval
September 22, 2023 Page 1 of 1
Proposed Conditions of Approval-r1.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
The approval of this non-conforming use change is subject to the following condition(s):
1. The K-8 private school use shall be limited to a maximum of 225 students and the principal
building square footage shall not exceed the existing 28,000 square feet. Detached
accessory structures shall be limited to a maximum of 2,000 square feet.
2. Weekday and weekend hours are limited to 7AM to 5PM with occasional school functions
permitted after hours.
3. No outdoor amplified sound shall be permitted, unless permitted under a Temporary Use
Permit for a special event.
4. Leasing of the school facility to outside groups or use by other groups is prohibited. The
school facility is permitted to allow for accessory uses to the approved school use which
include community meetings, civic associations, youth meetings, guest speakers,
neighborhood meetings, boy and girl scouts.
5. For events of significant traffic generation, as determined by Collier County staff, the school
shall provide traffic control by law enforcement or a law enforcement approved service
provider as directed by Collier County staff, with staffing at the location(s) as directed by
Collier County Transportation Engineering Division Director or designee.
6. Northern project ingress/egress access point as shown on the site plan will be closed off
with traffic cones during student drop-off (7:30 AM – 8:30 AM) and pick-up (2:30 PM – 3:30
PM).
3.C.b
Packet Pg. 243 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 244 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 245 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 246 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 247 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 248 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 249 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 250 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 251 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 252 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 253 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 254 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 255 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 256 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 257 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
68th ST SWGolden Gate PKWY
Source: Esri, Maxar, Earthstar Geographics, and the GIS User
Community
Naples Christian Academy (NUC) – PL20230011674
Aerial Location Map /
210 0 210105 Feet
LEGEND
SUBJECT PROPERTY
3.C.b
Packet Pg. 258 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 259 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 260 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 261 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.bPacket Pg. 262Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 1 of 3
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
N.A.
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
Fast Forward Fitness, LLC
H & H Property management & Company, LLC
Gordon Henke, Manager – Ownership Interest
Brian Henke, Manager – Ownership Interest
100%
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
N.A.
PROPERTY OWNERSHIP DISCLOSURE FORM
3.C.b
Packet Pg. 263 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 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
N.A.
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
Covenant Presbyterian Church of Naples, Inc., A Florida Not For
Profit Corporation
John C. Hunter, III, Vice President
Marvin N. Schoenhals, President
Merlyn DeVries, Treasurer
Thomas R. VerHage, Secretary
100%
Date of Contract: 2023
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
N.A.
g. Date subject property acquired 2016
Leased: Term of lease years /months
If, Petitioner has option to buy, indicate the following:
Date of option: N.A.
Date option terminates: N.A. , or
Anticipated closing date: N.A.
3.C.b
Packet Pg. 264 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientServices@colliercountyfl.gov
www.colliercountyfl.gov
01/2023 Page 3 of 3
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 Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
August 16, 2023
Agent/Owner Signature Date
D. Wayne Arnold, AICP
Agent/Owner Name (please print)
AFFIRM PROPERTY OWNERSHIP INFORMATION
3.C.b
Packet Pg. 265 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 266 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 267 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 268 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 269 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 270 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 271 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 272 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 273 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 274 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 275 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 276 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 277 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 278 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 279 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 280 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 281 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 282 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 283 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 284 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
GOLDEN GATE PARKWAY
68TH STREET S.W.STUDENT DROP-OFF/PICK-UP
STACKING
DROP-OFF AND
PICK-UP
INGRESS/EGRESS
(STUDENT
DROP-OFF/PICK-UP)
BUILDING ENTRANCE
0 100'50'SCALE: 1" = 100'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.C.b
Packet Pg. 285 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
GOLDEN GATE PARKWAY
68TH STREET S.W.STUDENT DROP-OFF/PICK-UP
INGRESS ONLY
(STUDENT DROP-OFF/PICK-UP)
BUILDING ENTRANCE
SINGLE STACKING
DROP-OFF AND
PICK-UP
EGRESS ONLY
(STUDENT DROP-OFF/PICK-UP)
0 100'50'
SCALE: 1" = 100'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.C.b
Packet Pg. 286 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
GOLDEN GATE PARKWAY
68TH STREET S.W.STUDENT DROP-OFF/PICK-UP
DOUBLE STACKING
DROP-OFF AND
PICK-UP
INGRESS ONLY
(STUDENT DROP-OFF/PICK-UP)
BUILDING ENTRANCE
EGRESS ONLY
(STUDENT DROP-OFF/PICK-UP)
0 100'50'
SCALE: 1" = 100'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.C.b
Packet Pg. 287 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
GOLDEN GATE PARKWAY
68TH STREET S.W.STUDENT DROP-OFF/PICK-UP
STACKING
DROP-OFF AND
PICK-UP
INGRESS/EGRESS
(STUDENT
DROP-OFF/PICK-UP)
BUILDING ENTRANCE
0 100'50'
SCALE: 1" = 100'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.C.b
Packet Pg. 288 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
Naples Christian Academy NUC (PL20230011674)
Narrative Statement
August 22, 2023 Page 1 of 2
Narrative Statement.docx
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey, Bonita Springs, FL 34134 239-947-1144 engineering@gradyminor.com www.gradyminor.com
Change in use. If no structural alterations are made, any nonconforming use of a structure, or of
a structure and premises in combination may be changed to another nonconforming use of the same
character, or to a more restricted nonconforming use, provided the board of zoning appeals, upon application
to the County Manager or designee, shall find after public notice and hearing that the proposed use is equally
or more appropriate to the district than the existing nonconforming use and that the relation of
the structure to surrounding properties is such that adverse effect on occupants and neighboring properties
will not be greater than if the existing nonconforming use is continued. In permitting such change, the board
of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose
of the LDC.
The subject property was originally developed as a shopping center in 1975, prior to
adoption of the Golden Gate Area Master Plan. The Collier County Board of Zoning
Appeals authorized a non-conforming use change (NUC-90-2) to permit a bowling alley in
1990 (NUC-90-2) an indoor putting course (18 holes); and accessory pro shop, dining
facility and future outdoor pitch and putt area in 1996 (NUC-96-1), a school in 1997 (NUC-
97-2) and then the current fitness center in 2002 (NUC-2001-AR-1856).
The applicant is proposing to replace the fitness center use with a private K-8 school, with
typical accessory uses, having a maximum capacity of 225 students. The proposed school
would occupy the existing building space with only the need to make minor interior
renovations to the building. The site has 280 existing parking spaces, far exceeding
required parking for the K-8 school/use.
Please address the following on separate sheets and attach to the application packet.
1. If the request proposes a number of possible nonconforming uses, list all of the
proposed nonconforming uses and identify the following for each use:
a. Total number of parking required;
The proposed 225 student K-8 school is proposed to replace the existing fitness
center facility. The 225 student K-8 school requires 5 spaces per 4 faculty
members. It is estimated there will be a maximum of 30 staff members,
requiring 38 parking spaces. The property has 280 parking spaces on-site.
b. Hours of operation; and
Hours of operation for the proposed school are anticipated to be similar to
other schools in the community. School hours will typically be weekdays
between 7 a.m. and 4 p.m., with occasional afterschool and evening school
functions.
3.C.b
Packet Pg. 289 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
August 22, 2023 Page 2 of 2
Narrative Statement.docx
c. Total square footage for the proposed nonconforming building(s) and
structure(s).
The existing building on the property is approximately 28,000 square feet.
There are no plans to increase the size of the structure to accommodate the
proposed school use. The school may install outdoor shade structures for
student use.
2. If the request proposed a number of possible permitted and/or accessory uses, list all
of the proposed used and identify the following for each use:
a. Total square footage of the new or existing structures;
The total building square footage is 28,000 square feet, with a maximum of
225 K-8 students.
b. Total number of parking required; and
Required parking is 38 spaces.
c. Hours of operation for proposed.
School hours will typically be weekdays between 7 a.m. and 4 p.m. School
office hours will typically be weekdays between 7 a.m. and 5 p.m. Occasionally
after school and evening functions will be held during weekdays.
3. Total number of parking spaces existing on site.
280 parking spaces exist on-site. adequate area exists on site to provide stacking for
student drop-off and pickup.
3.C.b
Packet Pg. 290 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 291 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 292 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 293 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 294 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 295 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 296 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 297 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 298 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 299 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 300 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 301 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
0
RESOLUTION 90- 133A MARCH 6, 1990
RELATING TO PETITION NUMBER NUC-90-2, FOR A
NON -CONFORMING USE CHANGE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FIARI DA .
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 requests for non -conforming use
changes, and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided,
and has considered the advisability of the change of an existing
non -conforming use, a shopping plaza, to another non -conforming
use of the same character, a bowling alley, in an E-Estates Zone
f)r 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 Subsection ll.l.c.l. of the
Zoning Regulations 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 the Petition NUC-90-2 filed by
Mr. & Mrs. Elhannon Combs, property owners, with respect to the
property hereinafter described as:
Tract 36, Unit 29, Golden Gate Estates, according to
plat thereof, recorded in Plat Book 7, Page 57 of the
Public Records of Collier County, Florida.
d()()(13,
4! ; -1 -1-
3.C.b
Packet Pg. 302 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
MARCH 6, 1990
be and the same hereby is approved for the change of an existing
non -conforming use, a shopping plaza, to another non -conforming
use of the same character, a bowling alley, of the E-Estates
Zoning District wherein said property is located;
BE IT RESOLVED that this Resolution relating to Petition
Number NUC-90-2 be recorded in the minutes of this Board.
Commissioner Shanahan offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Goodnight and upon roll call the vote was:
AYES: Commissioner Shanahan, Commissioner Goodnight, Commissioner Volpe,
Commissioner Saunders, and Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done ,this 6th day of March 1990.
ATTEST: '• BOARD OF ZONING APPEALS
19AMES G. GILES;`CLERK COLLIER COUNTY, FLORIDA
ti
MA A. HASSE, 'it. , RMAN
67,1 7
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
In f,_ )It u9f
UDR OR E M. STUDENT
ASSISTANT COUNTY ATTORNEY
NUA-90-2 RESOLUTION
nb/3043
2-
3.C.b
Packet Pg. 303 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
RESOLUTION NO. 96-106
J,,'::"_
It.,
RELATING TO PETITION NUMBER NUC-96-1,
FOR A NON-CONFORMING USE CHANGE ON
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
t;;- .,Florida statutes, has conferred on all counties in Florida the power to:,j
Jf:'.
I'\,c,,'.'stablish, coordinate and enforce zoning and such business regulatioris, };i..
It
t~~~
as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land
l,
Development Code (Ordinance No. 91-102)
for the zoning of particular geographic
which establishes regulations:,
divisions of the County, among "
which is the granting of requests for non-conforming use changes, and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
z:~'
1
considered the advisability of an indoor putting course (18 hOleS), aric1,
i:Y"
accessory pro shop, dining facility and future outdoor pitch andputt",', :).
f<'
area in an "E" Estates Zone for the property hereinafter described, and~'
f~~.
thasfoundasamatteroffactthatsatisfactoryprovisionand
arrangement have been made concerning all applicable matters requlr~d '~~f::'
r:;by said regulations and in accordance with Section 1. 8.6 of the Land ,;f::;~~
Development Code for the unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to
heard by this Board in public meeting assembled and the Board having ,
considered all matters presented,
i,' ~
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS' of>U:4:
I
c.'.
r;C ')'~i'::,;
t{i!i:t'" '
The Petition Number NUC-96:-1 filed by Brian Howell of Gulfcoailt';~iiil'r;1;
j,>:~:~t;~'/:f,~~t'.,;
Design Associates, Inc., representing Bill Ricigliano, as contract. '(',c"
l't
t,.r.
L,,~~-'
lI.
llJ
Collier County, Florida, that:
purchaser, with respect to the property hereinafter described as:
Tract 36, Golden Gate
Plat Book 7, Page 80,
County, Florida.
Estates Unit 20, as recorded in
of the Public Records of Collier
3.C.b
Packet Pg. 304 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
the same hereby is approved for an indoor putting course (18
holes); and accessory pro shop, dining facility and future outdoor
t-',
pitch and putt area in the "E" Estates zoning District wherein said
property is located, subject to the following:
tW'~'
a. The subject site and structure shall be brought into compita'nc8,':",
with all applicable provisions of the Land Development, Buildin9'i~"""
Life Safety and Administrative Codes during the site Development.,>~~..
Plan and Building Permit review processes .': 'fc''':~ff;',''t~~
I ':~-:)?;
b. A twenty-five foot wide landscape buffer strip shall be!p'.:>",t"provided along the south and west property lines (excluding those:',
areas where the existing improvements encroach into the propos~d{: . ~
buffer area). A six-foot-high architecturally designed masonry ,;y',' !:~~
wall or wooden fence (constructed to present the finished side ot, '.:',. '
the fence to the adjacent parcels) with a hedge row (minimum24j~."')$i>"inches at time of planting) and ten foot tall canopy trees'pl~c~,d..;~j~'
no more than thirty feet apart (credit may be granted for , .,... ':: '.,,'!,l!!
preservation of existing native vegetation where it can be ':','!,,,
demonstrated that said vegetation provide adequate screening). ,~.
c. Hours of operation shall be limited to 6:00 A.M. to 12:00 P.M.,
d. Lighting in the rear of the structure shall be confined to a
maximum height of 15 feet from existing ground elevation and
shall be shielded so as to prevent glare on neighboring
properties.
1"/' :::; ~:t
e. Access from Golden Gate Parkway to the existing parkingarea'X.;,(.:,adjacent to Golden Gate Parkway) shall be redesigned to allow-;tor~t~right turn in only, with exiting traffic utilizing the 68th street;"fs. W. curb cut, exiting left to the Parkway where the existing" .....' ': ;':"~
medill.n cut will allow traffic to travel east or west. Appropriate 'C,;
sign age and pavement markings shall be installed to direct
motorists.
f. Signage shall be limited to the Golden Gate Parkway frontage
and shall further be limited to one wall sign, not to exceed 250
square feet.
g. There shall be no amplified music outdoors, except
permitted on a case by case basis pursuant to Section
emporary Use Permits.
as may ,be
2.6.33,
i: ,~ :f-;.' ~:~;,
h. These conditions are applicable only insofar as the use of;the!i!f';~
property does not conform to the overlying zoning district. SHould. ';.,~
the property be rezoned to allow for this use, the property., o)irie~:f~.
shall enjoy all of the rights granted to a permitted use. ".'..t.:';(J;
BE IT RESOLVED that this Resolution relating to Petition
l'j,' ,
p~NUC-96-1 be recorded in the minutes
r::~;,":
Commissioner constantine
of this Board.
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
Hancock and upon roll call the vote was:
3.C.b
Packet Pg. 305 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
rt~,:" .,;.Done this ,JL7
o'fc.;. ,- , -', ,1I.'oc..' i:i :. ~ .5~~,'j.i.~~,!r;';":';'~);.f4; \,.1' .'Ii,.... (.'" "',
j.... - ,~,., .', ,;, \' , '''',
i:',',""~""! H "" I;'~ ,,; e /.. ., "". ....tt~'''iATTE).;,"'t:. . 1'1 ., :.},',:i"f '~{"_ t:):... ..... (, "~', <I'
f~'~".':~:' . .':" :!.... /'. ~"" "7~
DW];GHT E. ~BROCI(;. '.CLpu<
ti?;;"~,,:- .... ;.<t;,\ ;:.'," ",.. c. ':,'
1""r-r..', -: ,ft ~~l"",
It!!.'f;.,. .. t..','
t -
t~" ..
1:' ..' "
i,. \\~,.. ...." /... ". \....
t:~'~h'" .;'/~.~. :".:''': ~..~." "../"
1:APPROVEp, 'A's~ '~P."FORM AND LEGAL SUFFICIENCY:
j'!_~ .~.t",'1;$~" ""1111" _,;",.".
r: ; >'
A'~;'.
l""~~~ "YY\ 11, , ,
MARJ()it'fE- M~ ~;u~~~'
J: '
0'"
ASSISTANT COUNTY ATTORNEY
day of
hL../
1996.
AYES:Commissioner Constantine~ commissioner Hancock~ commissioner
commissioner Matthews~and~ommissioner Norris
NOT ,VOTING:
ABSTENTION:
I(
OF
NUC-96-1 RESOLUTION/16558
l.".
l,.{',.
i
j ,)~:',~
t1::'~~
1'>:~4:'~!"
K<r.
3.C.b
Packet Pg. 306 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
RESOLUTION NO. 97- 305
RELATING TO PETITION NUMBER NUC-97-2, FOR A
NON-CONFORMING USE CHANGE ON PROPERTY
HEREINAFTER DESCRIBED 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 Land
Development Code (Ordinance No. 91-102) which establishes
regulations for the zoning of particular geographic divisions of
the County, among which is the granting of requests for
non-conforming use changes, and
WHEREAS, the Board of Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has he~ a public
hearing after notice as in said regulations made and provided,
and has considered the advisability of a school in a~ "E~ Zone
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 1.8.6 of' the 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 ~
The Petition Number NUC-97-2 filed by First Charter~chool of
Collier County, Inc., with respect to the property h~reinafter
described as:
Tract 36, Golden Gate Estates, Unit No. 29 as recorded '~ PlatBook7, Page 57, of the Public Records of Collier Count'Florida.
1-
3.C.b
Packet Pg. 307 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
5
be and the same hereby is approved for a school in the "E"
Estates Zoning District wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition
Number NUC-97-2 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority
vote.
Done this ~___ day of ~ , 1997.
ATTEST: BOARD OF ZONING APPEALS
D~IGHT E'. BRO~CK, Clerk COLLIER COUNTY, FLORIDA
TIMOTHY//L.
r
HANCOCK, Chairman
Approved as'to Form and Legal Sufficiency:
Assistant County Manager
f/~C-97-2 RISOL~ION/
3.C.b
Packet Pg. 308 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 309 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 310 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 311 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 312 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 313 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 314 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 315 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.bPacket Pg. 316Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy
3.C.b
Packet Pg. 317 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
7 A
RESOLUTION NO. 02-.l..1.2-
RELATING TO PETITION NUMBER NUC-200l-AR-1856,
FOR A NON-CONFORMING USE CHANGE ON
PROPERTY HEREINAFTER DESCRIBED 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 Land Development Code (Ordinance No.
91-102) which establishes regulations for the zoning of particular geographic divisions of the County,
among which is the granting of requests for non-conforming use changes, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area
hereby affected, has held a public hearing after notice as in said regulations made and provided, and has
considered the advisability of a fitness center, including a pool and playground, in an "E" Zone 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 1.8.6 of the 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
The Petition Number NUC-200l-AR-1856, filed by Greg Carlisle, representing Elhanon
and Sandra Combs, with respect to the property hereinafter described as:
Tract 36, Golden Gate Estates, Unit No. 29, as recorded in Plat Book 7, Page 57 of
the Official Records of Collier County, Florida
be and the same hereby is approved for a fitness center, including a pool and playground, in the Estates
Zoning District wherein said property is located and subject to the conditions set forth in Exhibit "A"and
attached hereto and incorporated by reference herein;
BE IT RESOLVED that this Resolution relating to Petition Number NUC-2001-AR-1856 be
recorded in the minutes of this Board.
3.C.b
Packet Pg. 318 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
This Resolution adopted after motion, second and majority vote.
otl-
Done this I d. - day of (Y10J1. (I ~ , 2002.
l\I:':'-ilf!
1111
00.). JJDt1/J",..
I,//.
Arl$$-T~:;:~"''':~ ~:'::;. BOARD OF ZONING APPEALS
W~.~~b*~~:~lerk COL~LR COUNTY, F ORillA
0<. .-', ,~- '--- ~~
j~~ : :.; ~/
f .e I 'I " ..~ ~
lJ3NQ\':l7\>"'~"- ., .. ..f~~
N. COLETTA, CHAIRMAN
Illfrlllll~\'" .:.1far....._.... ~ -z -I" - Ol..J ~
Approved as to Form and Legal SuffiCIency:
1i1.~,.J~
Marj e , Stud nt
Assistant County Attorney
7A
3.C.b
Packet Pg. 319 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
NUC-2001-AR-1856
r' 7A
Conditions
1. A landscape plan, consistent with current Land Development Code requirements,shall be submitted with the Site Development Plan,
2, Section 1.8.3 of the Land Development Code (Repairs and maintenance) shall notbeapplicabletotheimprovementsonthenon-conforming structure.
3, The attached architectural rendering (Exhibit "A" page 2 of2) shall depictminimumarchitecturalimprovementsrequiredbytheapprovalofthisPetition.
EXHIBIT "A" (page 1 of 2)
3.C.b
Packet Pg. 320 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
a.=t-Z
fI)
fI)
Z
t-
a.=
t-
7A
EXHIBIT "A" {P AGE 2 OF 2}3.C.bPacket Pg. 321Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy
3.C.b
Packet Pg. 322 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 323 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 324 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 325 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 326 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 327 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 328 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 329 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 330 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 331 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 332 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 333 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 334 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 335 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 336 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 337 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 338 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 339 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.b
Packet Pg. 340 Attachment: Attachment A-Application 11-1-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
GOLDEN GATE PARKWAY
68TH STREET S.W.STUDENT DROP-OFF/PICK-UP
STACKING
DROP-OFF AND
PICK-UP
INGRESS/EGRESS
(STUDENT
DROP-OFF/PICK-UP)
BUILDING ENTRANCE
0 100'50'
SCALE: 1" = 100'
GradyMinor
Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects
Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380
3.C.c
Packet Pg. 341 Attachment: Attachment B-Stacking Exhibit (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.dPacket Pg. 342Attachment: Letters of Concern - Related to Traffic 10-31-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.dPacket Pg. 343Attachment: Letters of Concern - Related to Traffic 10-31-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.dPacket Pg. 344Attachment: Letters of Concern - Related to Traffic 10-31-23 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.ePacket Pg. 345Attachment: Affidavit of Sign Posting 2023 (26668 : PL20230011674, Naples Christian Academy (NUC))
3.C.e
Packet Pg. 346 Attachment: Affidavit of Sign Posting 2023 (26668 : PL20230011674, Naples Christian Academy (NUC))