HEX Final Decision 2024-08HEX NO. 2024-08
HEARING EXAMINER DECISION
DATE OF HEARING.
January 11, 2024
PETITION.
Petition No. VA-PL20230014103 - 9100 Vanderbilt Drive —Request for a variance from Land
Development Code Section 4.02.01 A, Table 2.1, to reduce the required front setback from
25 feet to 23.33 feet on the south property line for the proposed single-family residence and
accessory pool to be located at Lot 23, Block 46, Unit No. 6, Naples Park, also known as 9100
Vanderbilt Drive, Naples, FL 34108 in Section 33, Township 48 South, Range 25 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner is requesting a variance to reduce the required front setback from 25 feet to 23.33
feet on the south property line along 91 st Street for the proposed single-family residence and
accessory pool.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 %J 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 four objections at the public hearing for this item. The County
provided five (5) letters of support in the form of emails at the public hearing for this item. The
County provided two (2) letters of objection in the form of emails at the public hearing for this
item.
Page 1 of 5
5. The Countys Land Development Section 9.04.03 lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or
modify any request for a variance from the regulations or restrictions of the Collier County
Land Development Code.I
1. Are there special conditions and circumstances existing, which are peculiar to the location,
size and characteristics of the land, structure or building involved?
The record evidence and testimony f°om the public hearing reflects that there are special
conditions. The subject property is a corner lot, requiring two f tont yard and two side yard
setbacks. The depth of the lot is only 64 feet, so after applying the required 25 feet f ont
yard and 7.5 feet side yard setbacks, the usable exterior depth is 31.5' and less than 29.5'
internally. The requested 1.67' is the minimal amount of relief neededfor the home to be
designed. The front wall of the current house is 1.92' into the current setback, with a non-
conforming pool 12. 7' into the same f ont yard setback. This wall and pool will be removed
with the construction of the new home.
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 recor°d evidence and testimony fom the public hearing reflects that the subject
propery) is a corner lot with two font yard 25' setbacks, with one of the setbacks
signif cantly reducing the narrow buildable dimension, creating a maximum internal
space/dimension less than 29.5'. The pre-existing home is 1.92' into the setback, and a new
structure would be 1.67' into the setback, a difference of 3 inches. Also, an existing pool
encroaches 12.7' into the same front yard setback along 91 st Ave. Lastly, the current home
its 5' below the base flood elevation. The nonconforming wall and pool will be removed,
crud the base flood elevation will be met if a new home is built.
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 the applicant states
that a literal inte��retation of the provisions of this zoning code work unnecessary and
indite hardship on the applicant or create practical difficulties for the applicant because
it is a corner lot, two fi°ont yard setbacks and two side yard setbacks exist. No smaller rear
yard setback exists, causing the owner to build an unorthodox residential structure. In the
TMF-6 zoning district, properties have a 25' f °ont yard, 7.5' side yard, and 20' rear yard
setbacks. Legal conforming corner lots in the RMF-6 zoning district properties have two
25' font yard and two 7.5' side yard setbacks, thereby limiting the building footprint for
the residential and accessory structure.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
4. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety, and welfare?
The r°ecord evidence and testimony from the public hearing reflects that granting of the
r equested variance hill not have adverse impact to health, safety, and welfare. The
variance ifgranted will be the minimum variance necessary to allow the applicant to have
the necessary buildable width of 33.1 7feet (33' — 2'). This corner lot yields a buildable
width of 31.25' (after applying 25' and 7.5' setbacks to the 64' depth).
S. Will granting the Variance confer on the applicant any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district?
The record evidence and testimony f orr� the public hearing reflects that no, any other
corner lot owner similarly situated has the same right to seek a minimal variance. Also,
with the additional 20' R. O. W.., the structure will be fitrther f om the road than most homes
throughout the neighborhood. As noted by the coumy staff, the buildable footprint for most
lots in Naples Park is much larger, even though the area for these lots is less. The long,
narroiv geometry and the double application of the f ont yard setbacks inordinately burden
this lot.
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 f om the public hearing reflects that the existing house
and entire pool encroach into the setback, with the existing pool encroaching more than
12'. A new house ivould encroach less into the setback than the current home's front ivall.
The pool would also be removed The new proposed house and pool building footprint
tivould adhere to this same minimal variance request. Also, the new home designed 1vith the
variance request swill not be discernible, nor ivill it negatively impact neighbors.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The record evidence and testimony from the pztblic hearing reflects that the goal is to keep
as many trees as possible and to attempt to relocate any trees on the property if needed.
However, it lwas disclosed at the hearing that the applicant's contractor demolished part
of the existing structure and several trees lwithout the permission of the property owner.
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
Tlar•iance will not affect orchange the requirements of the Groi-vth Management Plan
(GIMP) with respect to density), intensiiy, compatibility, access/connectivity, or any other
Page 3 of 5
applicable provisions. The GMP is silent to the issuance of a variance application and
therefore the granting of the variance v011 not be inconsistent with the GMP.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County'0 staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of
the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20230014103, filed by Michael
and Theresa Norton, with respect to the property located at 9100 Vanderbilt Drive and legally
described as ±0.23-acre property at Lot 23, Block 46, Unit No. 6, Naples Park, on the northeast
corner of the intersection of Vanderbilt Drive and 91 st Ave N., in Section 33, Township 48 South,
Range 25 East, Collier County, Florida, for the following:
• A variance from Land Development Code Section 4.02.01 A, Table 2.1, to reduce the
required front setback from 25 feet to 23.33 feet on the south property line for the proposed
single-family residence and accessory pool.
Said changes are fully described in the Zoning Map attached as Exhibit "A", the Boundary Survey
attached as Exhibit "B", and the Zoning Map attached as Exhibit "C" and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B —Boundary Survey
Exhibit C — Site Plan
LEGAL DESCRIPTION.
The subject property is located at 267 3rd Street West and is also described as Lot 2, Block G,
Little Hickory Shores, Unit 3 Replat subdivision, in Section 5, Township 48 South, Range 25 East,
Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
Page 4 of 5
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
Fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
January 31, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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