Loading...
HEX Final Decision 2024-06HEX NO. 2024-06 HEARING EXAMINER DECISION DATE OF HEARING. January 11, 2024 PETITION. Petition No. VA-PL20180003496 — 659 Paim Avenue -Request for an after -the -fact variance from Land Development Code section 4.02.01.A., Table 2.1, to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 1400t roof overhang on the north side to allow for the continued existence of a single-family dwelling located within the Village Residential (VR) Zoning District at 659 Palm Avenue, also known as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. The Petitioner is requesting a variance to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 146ot roof overhang on the north side to allow for the continued existence A a single-family dwelling. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County %J Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing for this item. 5. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or Page 1 of 5 modify any request for a variance from the regulations or restrictions of the Collier County ,and Development Code.I 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence ccnd testimony fi°om the public hearing reflects that the "I if "Cum lot size for a single family lot within the GZO is 4,275 square feet with a minimum lot width of 45 feet. The existing lot's platted dimensions are 45 x95' (4, 275 square feet); however, the survey measured width of the lot is only 44.81 'along the street fi°ontage, resulting in a lot size of 4,266.4 square feet, making the lot slightly non -conforming. Additionally, the existing lot has a 6- foot -wide Drainage Easement along the eastern side lot line and two wood utility poles on the property's southwest corner. Because this portion of Goodland does not have public wastewater (sewer) service, the lot requires a private septic system and drain field. The existing septic drainage field also limits where improvements can be made on the subject property. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record evidence and testimony f °om t1�e public hearing reflects that the small lot size, drainage easement, existing septic drainage field and utility poles are existing site conditions that limit the available building footprint and are not the result of the applicant's actions. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that a literal interpretation of this zoning code presents practical difficulties for the VA-PL20180003496 - 659 Palm Avenue - Goodland Page 7 of 10 1210812023 property owner, given the only alternative is to relocate the offending structure. 4. Wili the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony from the public hearing reflects that granting of the requested variance will not have adverse impact to health, safet��, and welfare. The requested variance is the minimum needed to allow the existing structure to remain at its present location. 5. 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? 1 The Hearing Examiner's findings are italicized. Page 2 of 5 The record evidence and testimony from the public hearing reflects that by definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the Variance process. Other properties facing similar hardships would be entitled to make a similar request and be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony fi°om the public hearing reflects that the requested variance allows the existing structure to remain at its current location. The reduced rear yard setback is in harmony with existing structures on adjacent lots and is consistent with the existing development pattern in the immediate area. The granting of the variance will allow for the property to maintain similar setbacks to other structures in the VR/GZO zoning designation and will not be injurious to the neighborhood or detrimental to the public ii)elfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The record evidence crud testimony from the public hearing reflects that the existing canal at the rear of the property allows for an additional 50' of building separation than standard back-to-back lots, ameliorating any potential impact from a reduced rear yard setback. Additionally, the structure has existed in its current location since 2018 without objections from adjacent property owners. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony f •om the public hearing reflects that approval of this Variance hill not affect or change the requirements of the GMP with respect to density, intensity, compatibility, access/connectivity, or any other applicable provisions. The GMP is silent to the issuance of a variance application and therefore the granting of the variance will not be inconsistent with the GMP. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve the Petition. Page 3 of 5 DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20180003496, filed by Christopher O. Scott of Peninsula Engineering, representing Double M Investments, LLC, with respect to the property located at 659 Palm Avenue, Goodland and legally described as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida, for the following: • A variance from Land Development Code section 4.02.O1.A., Table 2.15 to reduce the required rear yard setback from 20 feet to 12.9 feet and to 11.9 feet for a 146ot roof overhang on the north side to allow for the continued existence of a single-family dwelling. Said changes are fully described in the Map of Boundary Survey attached as Exhibit "A", the Goodland Isles First Edition Plat Map attached as Exhibit "B", the Zoning Map attached as Exhibit "C", and the Roof Overhang Detail and Photograph attached as Exhibit "D", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Map of Boundary Survey Exhibit B — Goodland Isles First Edition Plat Map Exhibit C — Zoning Map Exhibit D — Roof Overhang Detail LEGAL DESCRIPTION. The subject property is located at 659 Palm Avenue, Goodland and legally described as Lot 3, Block C, Goodland Isles First Addition, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. CONDITIONS. Ail other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 4 of 5 APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT, DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. January 31, 2024 Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 EXHIBIT "A" 0 z 0 S Z a.W r ad W Z N Om W } 0 r Q 0 110 O 0 Z j2 d< LL<Uz m z z W p w F. a z i 0pZ ZU' z¢� wz�v@) Oro gWJ uio m a U W N� LL N ONLL?Q UJ1 co JW?zd ma W zmM0Q mOdmNzaWw 'U 3.. = tLU o.11 W ZZ WO z �`+ r LL rn30 W Q m Z KQ f'pq W¢ O y w R = .a _z U o w a } s} S IL m N -I K In m F- # oo0. >. coz cW'ffl o m 03 az W Q ¢ J¢ Q W ¢ Z r W W r mJ W S Z Z Z 2 N fn WWI w m02 gaLLo z0LL rl, ¢ off. Q # KJO } Z"U UQ<O MEQ OU' 00Lu} NUN 0 0 Vic— } 3WW rY aNNWs Zfy =z z>xz oaf z F z�}0 t WFu Cx70 U11 a n. 1- 0Py rm OZLLW 0g} O¢ V1KW Z �02 z .J3m ODUIKu IBUYO o.>F;Wv�pp w7 zFQi d' WO> W 0Lu0 WZ d06 uea F(q a, 00LUZmma00W K0 N O rJ0 LLQ W W O W w QaZZ0nLLw J Ul Qz<mCO FIWr•r N rtN O �Uw aaF3o 3¢0aa0�0^aa Wca w��w 3000 Q O W m m 0 LL LL W� m w Y O W 0 0 X 9 U z x ~ K r W¢ r Z a W K S w M O fnz w ��x 0woJ0 rm Q0 O¢°arno3W �Oa _ 3qucWi a tcWi� 2 um o 552 a�Fa� Jow 1:�0i'rczc��i 0 W Q U J K m Q 0—, O LL r W K O W O 4 Z W S r 0 0 0 W W LL QZO S� O� W W LL Oda II �[/lO y^^�.LLj W Q w W W W SOON r m z LL O J W Z K D w J ZLL LLr 2' rU—'Q OS co C71I�J 11I13LLaa:ci ()ZZ ZmcazW>J¢mau# W¢ W O� Offx( = aa WWo%:Cm66411_J W a 00 U ZOIi ZW r�lli JOWLLOdLLKRN LL.N �N (D \\ .I JLOT 5 ,om I I -STORY FR0811.F HONE LL u • I 655 PALM AVENUE -zW �Vo > oa H o I 0 p ---_-- -�B; D.E.(O.R.012, ® I PAGE 3895)____ !1 -.3Npb p t9a ��g 1 �O W2 06 ug G U to wp a 3 SCALE: 1"= 30' wp a 3 SCALE: 1"= 30' SCALE: 1"= 30' 3 W 2 o v a c J m LOT 4 1-565 PAUj AVENUEIE UZ p CONCRETE F7a_�. 2 buSW L4 CONCRETE A BLZ RY .:$W, 0: n F' STRUCNRE 659 PALM AVENUE fi £Z _ W W W o Z N W Q U 0 W 7 3 Yif r O W I O � w w� wa x z Z W mao z F Z WW w2 Li (W7 W o a a W W�� K W W W 0 j r y I cn W 7zoft�C.)O UJJUUU0 LuZZJ J zZj QrQ¢pOUoaUU V ZWR W W K=W -'K �m Z_z mK 0 0 0 J Q U W W J a Q W : Q a Q W 0 0 0 J a 000:00mnWWw Oc9r 31ic9333fa'm' } II II II it It II II It II II II II II II II It r11 11 II II II II 11 it II fA BT��^O�®l4®©❑O❑O©01mry®®®�®OO= 002 3 Fy- O O O _Z W � J W z m z i 0 Z W � � g o O _ Ci Z zIn LL Z 4 o w In 4 aa(L U ism V z 7W W z Z iiiiiiii In Zz WW a U } jIL Q DO NO W N J W N oa0 U Clow (9 O a O m FLL0 �z0 O oEm 00 IX d Q Q U W r Out- 3 w p> d 5 a � d CE 9 0 0 « B» \ W 1 °I lm 1I j o � Np ` o 0.7 H W al yUo 2 A. -- `� r<'^'•'wr I u Ito w3 • =V` R r$ . I W. I ' J I _ I at \ j a 1 ] v l `. �41 }^ n AVait 'szo It - o,'I WIts n s W I •.Y - p01 0 m 1 Z W W AAtI MCiF°iN yIts 0� y7oIt, 1 <iil O 15 w "" O9?_s .1 1 1 ♦/�br,'hd ry —,--11 J� 1qn..,1 i_, Y r �x..r,s2 1 .._ Q1 'sq c: " m 3 e 1 °° " Y �! 1 3 1 w - w' �c°r J 1'-1 n 1 1 n 1 ql 1 � O I p m- 1 � 1 " 1 3 i 1 1 � R(uh ,°. a. Ik I �_' 0ro " s 1 " � 1°• 1 I 1 o" " 2Ij• Y S� A .,� �.------L---� AYMa31 YM -- r i 2 w u �vMa31dM----------------_--- I �I No i •, xa IZ d 49 4 'S'375y GNN7L`a0S m 1� of i " L d X X907B 030/�iION/7 9t Nal�� —� `"— — --- I " gi '15V3 LZ 3EJNV8'H1NOS ZJg=1}IgNM01 £_-J____�35 i O1 392 3`J--LnOS ZS dIH5NM01' —1... oCb-r I I 1 I •1 i � n I V b I i 4 I- aaj Wai 3a� uw: aQ? ,s OC i n ,r'-,1 S nMsc� Syd w^ �7 m 1 I _ I 1 RCIA I 23�/t/0 1SV3 ON6'70009 °c--=- =�� ' Ii-'i--- 4 40 �.__.i_r'-' J �= I ---- e •ter----' i 4 I I IIL , a T 1 " it h si Q $_o ? a R s I F m 1 I _ I 1 RCIA I 23�/t/0 1SV3 ON6'70009 °c--=- =�� ' Ii-'i--- 4 40 �.__.i_r'-' J �= I ---- e •ter----' i 4 I I IIL , a T 1 " it h si Q $_o ? a R s I F I 23�/t/0 1SV3 ON6'70009 °c--=- =�� ' Ii-'i--- 4 40 �.__.i_r'-' J �= I ---- e •ter----' i 4 I I IIL , a T 1 " it h si Q $_o ? a R s I F N O 0 Z �. 0 N �a o \J o o� 0 0 o N C� o 0 r 0 0 r _poAnt � R LL I W W W 0 Y a Y o�►`t pR and R a Yalm CT i� 659 PALM AVENUE GOODLAND VARIANCE ROOF OVERHANG DETAIL AND PHOTOGRAPH (2) REQUIRED F0B.BHED NIDILMEATzT. OR I_AR SCALE: = r'-a` ALL. LUMBER H2 PINE Oft 3` X 5' ATTTek CONNEC70T2 t'U';TES errs--�z siraP�.{.�ra s�rinn 1'-0" Max 2' X �` rOT' PLATE