Agenda 01/23/2024 Item #16H 1 (Appeal of Hearing Examiner Decision #2024-05)01/23/2024
EXECUTIVE SUMMARY
Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No.
2024-05, granting a variance from LDC 5.05.09.G.2, which requires the base of a communications
tower to be set back from the property line by a distance of two and one-half times the height of the
tower, to reduce the setbacks from 375 feet to 72 feet on the northern and southern property lines
and 375 feet to 220.7 feet on the eastern property line, for property located at 2560 39th St. SW, also
known as Golden Gate Estates Unit 28 North 150 Feet of Tract 144, in Section 26, Township 49
South, Range 26 East, Collier County, Florida. (Petition No. PL20220003012)
OBJECTIVE: To appeal the Hearing Examiner’s decision in Hearing Examiner Decision No. 2024-05,
which grants a variance from LDC 5.05.09.G.2. reducing the required setbacks for a communications
towers proposed in the Golden Gate Estates.
CONSIDERATIONS: The applicant, VB BTS, LLC, has proposed the installation of a 150-foot
Monopine Style Telecommunication Tower and related equipment, and has requested a variance from
LDC 5.05.09.G.2, which requires the base of communication towers on commercially zoned land to be
separated from the nearest boundary of any parcel of land zoned residential by two and one-half times the
height of the tower. For this tower, the minimum separation requirement is 375 feet.
The requested variance proposes a reduction of the required north and south setbacks from 375 feet to 72
feet and a reduction of the east setback from 375 feet to 220.7 feet, resulting in a total reduction of 303
feet to the north and south, and a reduction of 154.3 feet to the east. The variance request was heard by the
Collier County Hearing Examiner on December 14, 2023. On January 12, 2024, the Collier County
Hearing Examiner issued an opinion granting the requested variance.
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The subject commercial property is located at 2560 39th St. SW. 39th St. SW runs parallel to Collier
Boulevard and is east of both Collier Boulevard and Golden Gate City. More specifically, the property is
approximately 850 feet south of the intersection of Golden Gate Parkway and Collier Boulevard.
Properties abutting 39th St. SW are zoned Estates except for the subject parcel which is zoned C-2.
I am concerned that issuing this variance may not be appropriate and will likely have an undue impact on
the residences that border the parcel. Should the Board approve this request, it will be brought back for a
full public hearing.
FISCAL IMPACT: The cost to file the petition for the appeal is $1000 and the cost of advertising the
appeal hearing is approximately $600.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires a majority vote for Board approval. -JAK
RECOMMENDATION: Recommendation to appeal the Hearing Examiner’s decision in Hearing
Examiner Decision No. 2024-05, which grants a variance from LDC 5.05.09.G.2. reducing the required
setbacks for a communications tower located at 2560 39th St. SW, also known as Golden Gate Estates
Unit 28 North 150 Feet of Tract 144, in Section 26, Township 49 South, Range 26 East, Collier County,
Florida.
PREPARED BY: William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. HEX DECISION Petition No. VA-PL20220003012 FINAL (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 27632
Item Summary: Request the Board to appeal the Hearing Examiner’s decision in Hearing Examiner Decision No.
2024-05, granting a variance from LDC 5.05.09.G.2, which requires the base of a communications tower to be set
back from the property line by a distance of two and one -half times the height of the tower, to reduce the setbacks
from 375 feet to 72 feet on the northern and southern property lines and 375 feet to 220.7 feet on the eastern
property line, for property located at 2560 39th St. SW, also known as Golden Gate Estates Unit 28 North 150 Feet
of Tract 144, in Section 26, Township 49 South, Range 26 East, Collier County, Florida. (Petition No.
PL20220003012)
Meeting Date: 01/23/2024
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
01/03/2024 10:24 AM
Submitted by:
Title: Commissioner District 5 – Board of County Commissioners
Name: Bill McDaniel
01/03/2024 10:24 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 4:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/17/2024 8:23 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 01/17/2024 11:24 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/17/2024 1:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
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16.H.1.aPacket Pg. 879Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 880Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 881Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 882Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 883Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 884Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 885Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
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16.H.1.aPacket Pg. 889Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 890Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 891Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 892Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 893Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 894Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
16.H.1.aPacket Pg. 895Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)
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16.H.1.aPacket Pg. 907Attachment: HEX DECISION Petition No. VA-PL20220003012 FINAL (27632 : Appeal of HEX Decision 2024-05 - Tower Variance)