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HEX Agenda 03/28/2024COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 March 28, 2024 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(cr�,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. Collier County Hearing Examiner Page I Printed 312112024 March 2024 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. PCUD-PL20230016127 — Optimus Traffic and Driving School — Request for a determination that the proposed use of an indoor only automobile driving instruction facility is comparable in nature to other permitted uses in 3.2.A(18), relating to Tract B, of the Wildwood Estates Planned Unit Development (PUD) adopted by Ordinance Number 81- 27. The subject property is located at 7795 Davis Boulevard, Naples, FL 34104, also known as Unit 205, Del Mar Retail Center, a Commercial Condominium, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 B. Petition No. VA-PL20230010369 — Request for an after -the -fact variance for a 50-ft by 80-ft garage and a 31.9-ft by 31.9-ft open air/roof only carport that were built closer to the property lines than code allows; the variance is from LDC section 4.02.01.A, Table 2.1, to reduce the required rear yard setback from 75 feet to 38 feet and the eastern side yard setback from 30 feet to 29.4 feet for the garage and to reduce the required side yard setback from 30 feet to 7.9 feet for the carport, on a f2.27 acre property located at 5261 Sycamore Drive, also known as the East 150 Feet of Tract 45, Golden Gate Estates Unit 32, in Section 9, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator Eric Ortman, Principal Planner] Commissioner District 3 Other Business Public Comments Adjourn Collier County Hearing Examiner Page 2 Printed 312112024 3.A 03/28/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 28185 Item Summary: Petition No. PCUD-PL20230016127 — Optimus Traffic and Driving School — Request for a determination that the proposed use of an indoor only automobile driving instruction facility is comparable in nature to other permitted uses in 3.2.A(18), relating to Tract B, of the Wildwood Estates Planned Unit Development (PUD) adopted by Ordinance Number 81-27. The subject property is located at 7795 Davis Boulevard, Naples, FL 34104, also known as Unit 205, Del Mar Retail Center, a Commercial Condominium, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1 Meeting Date: 03/28/2024 Prepared by: Title: Principal Planner — Zoning Name: Sean Sammon 02/28/2024 2:18 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/28/2024 2:18 PM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Skipped 03/04/2024 7:15 PM Operations & Regulatory Management Michael Stark Hearing Examiner (GMD Approvers) David Merinc Unknown Zoning Zoning Zoning Hearing Examiner Review Item Review Item Jaime Cook GMCDD Reviewer Sean Sammon Review Item Ray Bellows Review Item Mike Bosi Division Director Andrew Dickman Meeting Pending Completed 03/07/2024 1:11 PM Completed 03/13/2024 11:35 AM Completed 03/14/2024 5:00 PM Skipped 02/28/2024 2:04 PM Completed 03/14/2024 5:19 PM Completed 03/15/2024 7:47 AM 03/28/2024 9:00 AM Packet Pg. 3 3.A.a s Co ,=ieT County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MARCH 28, 2024 SUBJECT: OPTIMUS TRAFFIC AND DRIVING SCHOOL, COMPARABLE USE DETERMINATION (PCUD), PCUD-PL20230016127 PROPERTY OWNER/APPLICANT: Faisal Cure Orfale Jacur Holding Group LLC 5600 SW 135 Ave., Ste 106 Miami, FL 33138 REQUESTED ACTION: AGENT: Heather Smallwood & Jose Chapman Smallwood Solutions LLC 6336 Possum Ridge Rd. Crestview FL, 32539 Request for a determination that the proposed use of an indoor -only automobile driving instruction facility is comparable in nature to other permitted uses in 3.2.A(18), relating to Tract B of the Wildwood Estates Planned Unit Development (PUD) adopted by Ordinance Number 81-27. GEOGRAPHIC LOCATION: The subject use will be housed in Unit 205 at the subject property located at 7795 Davis Boulevard, Naples, FL 34104. This property is approximately 2,200 feet east of Santa Barbara Boulevard and approximately 1.25 miles southwest of the Radio Road and Davis Boulevard intersection at the Del Mar Retail Center, a Commercial Condominium in Section 4, Township 50 South, Range 26 East, Collier County, Florida. PCUD-PL20230016127 — Optimus Traffic and Driving School Page 1 of 10 Packet Pg. 4 snot) an3d 10oy3S 6ulnua pue ol}}eal snwildo-:podeM HBIS - LZ69400£ZOZ-1d :}uauayoeIIV - Pu b - $ a _j<U a Z � LU ° aa @0 _ me 000000 Lu �OT S E Liu LLIEL T I - llali4 F� W d —410 MOM - CL a @6-a��� � d� Kilkenn ndersi ' aln regng t Pindo Palm Q W F Ha 1v salpyaaaegasg Y C� 0 C� 0 J r Q cn N CD N J L 3 z 0 O 4 1 3.A.a SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property, which is in the Wildwood Estates Planned Unit Development (PUD). North: Developed Residential with a zoning designation of Planned Unit Development (PUD); Plantation PUD (west) and Sabal Lakes PUD (east) East: Mix of preserve and developed residential with a zoning designation of Planned Unit Development (PUD); Twelve Lakes PUD South: Davis Boulevard (R.O.W.) and developed residential with a zoning designation of a Residential Planned Unit Development (RPUD); The Cook Property RPUD West: From adjacent north to south: existing Calusa Park Elementary School, developed multi -family residential, existing New Hope Ministries Church with the zoning designation of Residential and Community Facilities Planned Unit Development, Bembridge EMS Complex RPUD & CFPUD, and Mixed Use Planned Unit Development, New Hope MPUD Collier County Property Appraiser PCUD-PL20230016127 — Optimus Traffic and Driving School Page 3 of 10 Packet Pg. 6 3.A.a PURPOSE AND DESCRIPTION OF PROJECT: The applicant is seeking confirmation that the intended use of an indoor -only driving school is comparable to other permitted uses in 3.2.A(18), relating to Tract B, permitted as a matter of right in the Wildwood Estates PUD. This will be an indoor -only traffic and driving school that will offer improvement for people needing to lower driver's insurance rates following the receipt of a traffic ticket or an accident to help the driver correct any points issued on their license. The facility will provide online and in -person classes, with an estimated number of between 5 and 10 people in the in -person classes. Wildwood Estates PUD is ±60 acres in size, was approved in 1981, and is fully developed north of Davis Boulevard. The attraction to the public is the existing retail shopping center consisting of multiple businesses, including Pelican Larry's. The proposed use will be housed in the building located at 7795 Davis Blvd within Unit 205 of the Pelican Larry Plaza. There was a Hearing Examiner (HEX) Decision, HEX No. 2015-32, that approved Judo/Karate instruction, Yoga, and Pilates as uses comparable in nature to other permitted commercial principal uses in Tract B of the Wildwood Estates PUD. The PUD Ordinance 81-27, Section III establishes the "Commercial Development Regulations" and lists the permitted uses and structures in Section 3.2.A. Of this, number 18, "Any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district," would be the determining factor to allow the comparable use. The comparable use is being identified as Standard Industrial Classification (SIC) Code 7999, identified as Amusement and Recreation Services, not elsewhere classified, in which Judo/Karate Instruction are included. The SIC code 7999 includes permitted and conditional uses in the Intermediate Commercial (C-3), General Commercial (C-4), and Heavy Commercial (C-5) zoning districts. The SIC Code that may be construed for this proposed use of an automobile driving instruction would be SIC code 8299, Schools and Educational Services, not elsewhere classified, and this SIC code is only permitted in the C-4 and C-5 zoning districts. The main difference between SIC code 8299 for automobile driving instruction and the proposed use for Optimus Traffic and Driving School, SIC Code 7999, is that the automobile driving instruction typically incorporates a field driving course and generates more vehicle trips. The proposed Optimus Traffic and Driving School will be an indoor instruction only since it will assist drivers, provide opportunities to lower their car insurance rates and decrease points on their licenses. Optimus Traffic and Driving School will offer their clientele options such as: • 4 Hour Basic Diver Course • 8 Hour Basic Driver Course (sometimes judge -ordered) • 12-hour Advanced Driver Improvement • Traffic School online courses • Traffic ticket classes PCUD-PL20230016127 — Optimus Traffic and Driving School Page 4 of 10 Packet Pg. 7 3.A.a The proposed uses are compared directly to the existing on -site Judo/Karate class that offers instruction to approximately 10-15 students in each class. This is similar because the learning environments are indoor, in -person classes, and what is learned can be applied in the real world. Judo/Karate can be used for each student in self-defense situations, and the Optimus Traffic and Driving School can be applied for each student when operating a motor vehicle. Similar to the Judo/Karate studio, all instructions will occur indoors, and students will come and go as they may drive themselves or be dropped off. The proposed use will not cause excessive noise or odors to the shopping plaza. Instead, it will provide knowledge and resources for Florida licensed drivers seeking assistance while improving the safety of the roadways in the surrounding communities. Wildwood Estates PUD Master Plan STAFF ANALYSIS: The subject property has a Future Land Use Designation of Urban Residential Subdistrict within the Residential Density Band in the Future Land Use Element (FLUE). "The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises PCUD-PL20230016127 - Optimus Traffic and Driving School Page 5 of 10 Packet Pg. 8 3.A.a approximately 93,000 acres and 80% of the Urban Mixed -Use District. Maximum eligible residential density shall be determined through the Density Rating System. Still, it shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code." The Wildwood Estates PUD permits a maximum of 710 multi -family residential dwellings on Tract A. On Tract B, it permits a wide range of commercial uses, including automobile service stations, baker shops, barber and beauty shops, bicycle sales and service, delicatessens, drug stores, dry cleaning, food markets, hardware stores, ice cream shops, ice sales, self-service laundries, meat markets, post offices, repair shops for small appliances, restaurants, veterinary clinics, and any other convenience commercial use or comparable in nature with the foregoing uses. The HEX Decision 2015-32 was approved to allow Judo/Karate instruction, Yoga, and Pilates as uses comparable in nature to other permitted commercial principal uses in Tract B of the Wildwood Estates PUD. The unit that will house the proposed use is approximately 1,455 square feet, which is the average unit size, far less than the largest unit, unit 209, approximately 1,870 square feet, and there is no plan to expand the size of the unit for the proposed use. A typical Judo/Karate instruction studio for 10-15 students may occupy an average unit space of 1,500 to 2,000 square feet of space. The proposed use will be in the standard unit size in Pelican Larry's Plaza and will be a quieter use in comparison to Judo/Karate since this will be a sit-down instructional use and won't create a nuisance to the existing neighboring units. The proposed use is comparable and compatible with existing uses allowed within the Wildwood Estates PUD, as evidenced by the previously issued approval of HEX Decision 2015-32. The proposed use also has less impact on the PUD's public facilities and trip generation. Per LDC § 10.02.06 K, a Comparable Use Determination (CUD) process is to be used to determine whether a specified use is comparable in nature with the list of permitted uses and the purpose and intent statement of the specified zoning district, overlay, or PUD. After staff evaluation of the criteria in LDC § 10.02.06 K.2, the results are presented at a public hearing for the purposes of approval, approval with conditions, or denial. LDC §10.02.06 K.2. Criteria listed in bold with the applicant's response in regular font and staff analysis in italics. A. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or PUD, including but not limited to the following: Applicant Response: Much like any retail center, the Optimus Driving School will provide services similar to other comparable uses. HEX NO. 2015-32 which approved Judo/Karate instruction, Yoga, and Pilates is the focus for this comparable use. This HEX Decision was approved on August 25, 2015, in the Wildwood Estates PUD. The request for Optimus Traffic and Driving School to be approved to do business outside of its C-4 and C-5 Commercial and Business parks zoning districts as the county may see this use as "Automobile Driving Instruction," but this is not exactly what the school will offer. PCUD-PL20230016127 — Optimus Traffic and Driving School Page 6 of 10 Packet Pg. 9 3.A.a Staff Response: The HEX Decision 2015-32 was approved on August 25, 2015, for a different use in Tract B and determined that a Judo/Karate instruction, Yoga, and Pilates is comparable and compatible with the uses allowed by right in the Tract B. Staff believes this proposed use in the subject property will involve operational characteristics for the Traffic and Driving School similar to the Judo/Karate instruction. i. Operating Hours: Applicant Response: Monday through Friday, 9 a.m. to 6 p.m.; there will be occasional classes on Saturdays. Staff Response: These operating hours are consistent with the proposed use being offered. These proposed hours are comparable and consistent with other uses allowed in Tract B since other uses have opening and closing times between 8 a.m. and 7p.m., and some units are open on Saturdays. ii. Traffic Volume Generated/Attracted: Applicant Response: The driving school has an average of 3-4 employees and 5-10 students, with a maximum of 10 students. It also offers courses online. Staff Response: Staff supports the minimal traffic volume generated by the proposed use of the traffic and driving instruction being offered. The Transportation Review was included during the pre -application meeting, and contact information was offered for any necessary questions. The proposed use did not trigger the traffic volume necessary for a thorough review, and it is consistent and comparable with other allowed uses in Tract B, which won't generate a substantial increase in traffic volume. There is also no parking increase since the traffic volume will not include a substantial increase. iii. Type of vehicles associated with the use: Applicant Response: Students and employees may come and go like any other business in this plaza, either by drop-off, bus, and/or vehicle. Staff Response: The vehicles to be used in association with the proposed use have minimal impact on the existing transportation facilities located at the subject property, especially Tract B. The parking provided may be sufficient for the proposed use since it will not add additional trips to what is already provided for the existing site. Regarding public transportation, there is an existing Collier Area Transit (CAT) Bus Stop on the northeast quadrant of Wildwood Lakes Blvd and Davis Blvd. iv. Number and type of required parking spaces: Applicant Response: No additional spots are required for what is already zoned. Staff Response: Staff supports and determines this is sufficient. PCUD-PL20230016127 — Optimus Traffic and Driving School Page 7 of 10 Packet Pg. 10 3.A.a V. Business practices and activities: Applicant Response: This is a traffic and driving school that assists with helping people lower the points on their license (if they have received a violation) as well as their car insurance rates. No driving will take place in the parking lot or facilities. It is all in -person or online learning. Staff Response: Staff supports and determines this is sufficient for Tract B, specifically because this is indoor only for traffic and driving instruction. B. The proposed use's effect on neighboring properties in relation to noise, glare, or odor shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. Applicant Response: No odor effects shall be greater than that of other permitted uses in the zoning district, overlay, or PUD. No odors, smells, or additional noise will take place in the already permitted uses. We are comparing the traffic/driving school to a Judo/Karate school, which is much louder in nature than the traffic and driving school that is proposed to be housed in unit 205. Staff Response: Since it will be interior to the existing facility with no proposed exterior changes, there will be no negative effects of noise, glare, or odor. C. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit it; and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Applicant Response: Yes. Staff Response: The proposed use is consistent with the GMP because it is located within the Urban Residential Subdistrict and within the Residential Density Band, which is also consistent with the FLUE. D. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Applicant Response: Yes. Staff Response: The proposed use for an indoor -only Traffic and Driving School is consistent with and comparable to other uses allowed in Tract B, such as the Judo/Karate studio. E. The proposed use shall be compatible with the surrounding neighborhood. Applicant Response: Yes. PCUD-PL20230016127 — Optimus Traffic and Driving School Page 8 of 10 Packet Pg. 11 3.A.a Staff Response: The proposed Traffic and Driving School is a small commercial use that is available to the public. It is not an exclusive private school; it is offered for anyone who needs to lower points on their driver's license or improve their insurance rates. F. Any additional relevant information as may be required by the County Manager or designee. Applicant Response: This is a request for the Optimus Traffic and Driving School to do business in the Wildwood Estates for commercial uses. The "Automobile Driving Instruction," which is SIC code 8299, is a conditional use in the C-3 and the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO), and it is a permitted use in the C-4 and C-5 commercial and the Business Park (BP) zoning districts in the county. As previously stated, this traffic and driving school is different because it will offer no traffic generators as the school is 100% inside. The requested use will not cause any excessive noise or odors to the shopping plaza, but instead, it will provide knowledge and resources for any Florida driver looking for assistance and provide safer roadways for Florida Drivers. Staff Response: In comparison to the Judo/Karate instruction, SIC code 7999, this is a permitted and a conditional use in the Intermediate Commercial (C-3), General Commercial (C-4), and the Heavy Commercial (C-S) zoning districts. The proposed use for the Traffic and Driving School is comparable in nature by being an indoor -only instruction and will not increase traffic demand or parking compared to what already exists on site. PUBLIC NOTICE: Per the LDC and Administrative Code, a Neighborhood Information Meeting (NIM), posting of a sign on the subject property, and mailing to surrounding property owners are not required. The only notice required is a newspaper advertisement for the Hearing Examiner public meeting (Administrative Code, Chapter 3L, and LDC § 10.03.06.0), which was posted in the Naples Daily News on Friday, March 8, 2024. STAFF RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner determine that the proposed use of the Optimus Traffic and Driving School in Wildwood Estates PUD Tract B, Unit 205 at 7795 Davis Boulevard, Naples, FL 34104, is comparable and compatible with the list of permitted uses contained in Section 3.2.A.(18) of the Wildwood Estates PUD with the following condition: 1. The operating hours will be as follows: Monday through Friday from 9:00 a.m. to 6:00 p.m., and occasional Saturdays. PCUD-PL20230016127 — Optimus Traffic and Driving School Page 9 of 10 Packet Pg. 12 3.A.a ATTACHMENTS: A. Backup Package B. Ordinance 81-27 C. HEX 15-32 D. Naples Daily News Advertisement, March 8, 2024 PCUD-PL20230016127 — Optimus Traffic and Driving School Page 10 of 10 Packet Pg. 13 3.A.b HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO 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. n/a Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) n/a Affidavit of Unified Control n/a Affidavit of Representation n/a Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) n/a NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio n/a Traffic Impact Study (TIS) n/a Environmental Data n/a Historical/Archeological Survey or Waiver n/a Utility Letter n/a Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\zoning Staff Information\lobAides orHelp Guides Packet Pg. 14 3.A.b n/a Boundary Survey n/a 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. n/a Submerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant' ftesponsibility to ensure all materials are in the same order f all opies &CKUp materialsto pr d totheHex/CCPCandtheCD t contain the documents in one pdf file (not multiple files)ylhe�ame ehe rinted mat is It is the age nter onsibilr ensure no documentation is left out. / 1 /1 _ p� /I l� I/ nt Represe Heather Smallwood Printed Name of Signing Agent Representative 2/21 /24 Date Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\Job Aides or Help Guides Packet Pg. 15 3.A.b CO per County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov Comparable Use Determination Land Development Code section 10.02.06 K Chapter 3 L of the Administrative Code VPUD Zoning District ❑ Standard Zoning District APPLICANT CONTACT INFORMATION Name of Property Owner(s): Name of Applicant if different than owner: Heather Smallwood and/or Jose Chapman Address: 5600 SW 135 Ave suite 106 City: Miami Telephone: 786-210-1499 E-Mail Address: chapman@aplusinternationalrealty.com Name of Agent: Heather Smallwood and/or Jose Chapman Address: 6336 Possum Ridae Rd Cell: 786-210-1499 city: Crestview Telephone: 5132936280 Cell: E-Mail Address: smallwoodsolutions.h@gmail.com PROPERTY INFORMATION Site Address: 7795 Davis Blvd Unit 205 Property Owners Name State: FL ZIP: 33138 State: FL ZIP:32539 Folio Number: 2981 0000268 a 09/2022 Pa Packet Pg. 16 colfler cow.-nty 3.A.b Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov DETERMINATION REQUEST The determination request and justification for the use must be done by a certified land use planner or a land use attorney. Provide the completed request on a separate attached sheet. Please be very specific and include the SIC Code, if known. The request should adhere to the following format: "1 request a determination from the Planning Manager and approval from the Office of the Hearing Examiner, that the use ofsee attached narrative.is comparable and compatible with the permitted uses in the Wildwood Estates PUD or in the Straight Zoning District." 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. 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: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP• City: State: ZIP: 09/2022 Pa Packet Pg. 17 3.A.b Co r Co1.-ht y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov SUBMITTAL REQUIREMENTS CHECKLIST See Chapter 3 G.6 of the Administrative Code for submittal requirements. The following items are to be submitted with the application packet. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application ivi Affidavit of Authorization ✓ Completed Addressing Checklist ✓ Property Ownership Disclosure Form ✓ Determination request and the justification for the use ✓ PUD Ordinance and Development Commitment information FEE REQUIREMENTS Pre -Application Meeting fee $500.00 �✓ Comparable Use Determination Application fee: $1,000.00 ❑✓ Estimated Legal Advertising fee: $1,125.00 ❑� If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after hearing date. (Variable) 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. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb estions? Email: GMDclientservices@colliercou plicant Signature Heather Smallwood Printed Name .gov 12/28/23 Date 09/2022 Pa Packet Pg. 18 3.A.b t� a SMALL WOOD SOLUTIONS 00�p Sean Sammon, Principal Planner Collier County Growth Management 2800 North Horseshoe Drive Naples FL 34104 Re: PL20230013770, PL20230016127- PCUD- PUD Comparable Use Determination for Certain Uses with the Wildwood Estates PUD (UNIT 205) Optimus Traffic and Driving School (PCUD) Dear Mr. Sammons: As you may recall in August of 2023, we submitted PL20230013770 and received an incomplete notice from Ray Bellows stating: Per our Zoning Manager, Ray Bellows, a driving school is not listed as a permitted use in the Wildwood Estates PUD, where the proposed unit is located. For the use to permissible, the PUD must be amended and will require a Pre -Application Meeting. Should you have any further questions regarding the PUD Amendment process, please contact our Client Services department at GMDClientServices@colliercountvfl.gov or 239-252-1036. After the incomplete notice, I, Heather Smallwood reached out to Mr. Bellows who placed me in touch with00 Mr. Sammons. After having a Zoom Call with Ray Bellows and Sean Sammons a better description of the a� business's intentions in the Wildwood Estates PUD, it became clear that a comparable use should be applied for, which I will go into further detail below. a a Outline Section 3.2.A.18 "any other convenience commercial use which is comparable in nature with the foregoing m uses and which the director determines to compatible in the district". a Z To be effective, the Comparable Use Determination shall be approved by the Hearing Examiner by decision, or uj Board of Zoning Appeals by resolution after CCPC recommendation to the BZA, at an advertised public hearing v based on the following standards, as applicable: a. The proposed use possesses similar characteristics to other permitted uses in the zoning district, overlay, or a c PUD, including but not limited to the following (See bold/italicized comments): E i. Operating hours Monday thru Friday 9 a.m.-6 p.m. a ii. Traffic volume generated/attracted an Average of 3-4 employees and 5-10 students. 10 students being the maximum. The driving school also offers courses online. Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com Packet Pg. 19 3.A.b iii. Type of vehicles associated with the use Students and employees may come and go like any other business in this plaza either by drop off, bus, and/or their vehicle. iv. Number and type of required parking spaces; and No additional spots required for what is already zoned. v. Business practices and activities. This is a Traffic and Driving school that assists with helping people lower their points on their license (if they have received a violation) as well as their car insurance rates. No driving will take place in the parking lot or facilities. It is all in -person or online learning. b. The effect of the proposed use would have on neighboring properties in relation to the noise, glare, or : No odor effects shall be no greater than that of other permitted uses in the zoning district, overlay, or PUD. No odors, smells or additional noise will take place in the already permitted uses. We are comparing the traffic/driving school to a judo/karate school, which is much louder in nature than the Driving and Traffic school that we will have in unit 205. c. The proposed use is consistent with the GMP, meaning the applicable future land use designation does not specifically prohibit the proposed use, and, where the future land use designation contains a specific list of allowable uses, the proposed use is not omitted. Yes d. The proposed use shall be compatible and consistent with the other permitted uses in the zoning district, overlay, or PUD. Yes e. The proposed use shall be compatible with the surrounding neighborhood. Yes f. Any additional relevant information as may be required by County Manager or Designee. Background: The PUD for Wildwood Estate, which was approved in 1981, is +/- 60 acres in size and fully developed off Davis 00 Blvd. One of the major attractions in this commercial tract is the retail shopping center which has multiple a� businesses that serve the residents of Naples, Florida. One of the most commonly known retailers would be Pelican Larrys. a The PUD Document, in Section III, sets forth the "Commercial Development regulations". Section 3.2 Lists the Permitted Uses and Structures see below: a m a Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com Packet Pg. 20 3.A.b ftrmitted Prin�il2al Uees and Sti,,uet:ure*1 hueoiap * sory Cb etat one w t Out repairs*, 1 taker shops - including baking only when Incidental to rstatl salra frogs the priamises. f3k Darber and beauty shops. (4) ate elf sales and service. ��M 1De1 catessens. (6) brug shores (7) Dry- cleaning - cvilagtinq and delivery only. { 8 j Food Markets. � 1 HardwDrs stomas. Ice Creme shops. (III 1c* gales (not including �C* plantgl . (121 Lsundrles,•relf GE rulfit Pnly. (13) Meat Karkota. f141 post cfflcss. (15� Repair Shnpus- rsdle, TV, ema11 aPpliahc*a, Khoo. (lfil its*t*uear<ta - rOot inclndlnq drAve-ins. 117) Veterinary cllniee - He outside kenneling. (10) A-ny other adriv*nianee carweralal us* Which is coarable 1n netUrt -With the foregoing U lee and Which the Director dettralnea to be compatihla in Lbe bLstrict, B. PerFaytted J4CC0s1110r Use■ and structure-ff. hccaagary u& " 4'CO ItruCtUrO& customarily 6450clated wLtrh tht- uses psrmlttad_lrL this dlszclet. (1) Carttalrer'a sagidence* C. 1}*rnLtted Uses and Structurta Sub ect to Site plan creational #tcilities not accessory to � prinelpal uses. Much like any retail center. Optimus Driving School will provide services similar to other comparable uses. HEX NO. 2015-32 which approved Judo/Karate instruction, Yoga, Pilates is what we will focus our comparable use. This HEX was approved on August 13, 2015 in the Wildwood Estates PUD. See below: DECISION: The Hearing Examiner hereby approve Petition No. ZVL-PL20150000829, filed by Robert Mulhere, FA[CP, representing Ile[ Isar Retail Center Condominium Association. Inc„ requesting approval of a zoning verification letter determining that the proposed uses of judo/karate instmQtion, yoga, pilatcs, fitness facility, gym, florist, an gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers -retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted uses in Tract "8" under Section 3.2(a) of the Wild -Wood Estates PUD, Ordinance No. 81-27, on the property described herein, and affirms staffs determinations as stated in the Zoning Verification Letter attached as Exhibit `*A", subject to the condition(s) set forth below. We are requesting Optimus Traffic and Driving School be approved to do business outside of its C-4 and C-5 Commercial and Business parks zoning districts as the county see this use as "Automobile Driving Instruction" but this is not exactly what the school will offer. The business will be in Unit 205 of the Pelican Larry Plaza in the Wildwood Estates PUD (see photo): Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com Packet Pg. 21 3.A.b An "Automobile Driving Instruction" would fall more in line with a driving school to teach new drivers who are N attempting to get their Florida Driver's License. This specific Traffic school will offer improvement for people a- needing to lower their insurance rates after a "ticket" or "accident". The owner will offer online and in -person LO classes, with 5-10 people maximum in an "in -person" class. N They offer courses like the below options: a, 4 Hour Basic Diver Course a IL Q. • 8 Hour Basic Driver Course (sometimes judge -ordered) 12-hour Advance Drive Improvement 00 Q • Traffic School online courses z z w • Traffic ticket classes = U Q H H Q According to Dragon Gym the average Judo class has about 10-15 students per class and they generally offer multiple classes in a tight space. The Judo/Karate setting is similar because you are learning by taking in- E person classes that can be applied in the real world, much like taking the courses through Optimus Traffic and 0 r Driving School that can be applied in the real world when operating a motor vehicle. Q Optimus Traffic and Driving School will operate normal business hours Monday through Friday 9 a.m.-6 p.m. with occasional classes on Saturdays. None of the classes will take place on the road as this is not a school Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com Packet Pg. 22 3.A.b operating to train students how to drive on the road for the first time. All instruction is indoors similar to a Judo/karate type studio and people will come and go. Some people may be dropped off or they may drive to the classes in their vehicle depending on their given situation (i.e. they might have a suspended license and need to take these courses to obtain their license). This classroom style of learning has been around for centuries, but this idea of assisting normal drivers with an opportunity to lower their car insurance rates and be safer drivers is a win -win for anyone in the Naples Area. Request: We are requesting Optimus Traffic and Driving School to do business in the Wildwood Estates C-2 commercial uses. The "Automobile Driving Instruction" which is SIC code 8299, is a conditional use in the C-3 and the Collier Boulevard/Interstate 75 Innovation Zone Overlay (CBIIZO), and it is a permitted use in the C-4 and C-5 commercial and the Business Park (BP) zoning districts in the county. As previously stated, this Traffic and Driving school is different because it will offer no traffic generators as the school is 100% inside. The requested use will not cause any excessive noise or odors to the shopping plaza, but instead, it will provide knowledge and resources for any Florida driver looking for assistance and provide safer roadways for Florida Drivers. An Expeditious response would be greatly appreciated as prospective tenants are waiting for this outcome Sincerely, #�W4" Heather Smallwood Email: Smallwoodsolutions.h@gmail.com or 00 info@sspermits.com 00 Phone:513-293-6280 (call or text) a� a� a Sources: What Is the Class Size and Ratio of Instructors to Students? Dragon Gym, www.dragongym.com/fags/what-is- m the -class -size -and -ratio -of -instructors -to- a students cfm#:—:text=The%20ideal%20class%20size%20for%20a%20martial%20arts,around%2010- w 15%20students%20per%20instructor%20is%20conside red %20ideal. 2 Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com Packet Pg. 23 CO�ler County F3.A.b771 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 'ROPFRTY n%AiKirR-,miD nlSCLOc-1 iRF FnRM/1 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 I % of Ownership 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 Jacur Holding Group LLC 5600 SW 135 Ave suit 106R Miami FL 99% Faisal Cure Orfale 5600 SW 135 Ave suit 106R Miami FL 1 % Garcia -Cohen Itamara 5600 SW 135 AVE STE 106R Maim Diaz Sarmiento Gabriel C CPA 5600 SW 135 Ave Ste 106 If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 24 CO�ler County F3.A.b771 0 e f f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 I % of Ownership 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 'I I IL.CI J, JLUL.RI IUIUCI J, UCI ICI lual ICJ, UI i.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired X] Leased: Term of lease Name and Address 02/01 /24 3 years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 25 Coder County F3.A.b771 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. 1 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 I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov aD 0 IL Q. m 12-30-23 Date Heather Smallwood Agent/Owner Name (please print) 01/2023 Pa Packet Pg. 26 3.A.b AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) P1.20230016127 1, Clifford AtLoL" (print name), as Tenant (title, if applicable) of Una 205 (company, If a licable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchasermand that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Heather Smallwood and Jose Champman to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by,the Corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. ' • If the applicant is a trust then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury,:) declare that I have read the foregoing Affidavit of Authorization and that t the facts stated i" ar 1217123 STATE OF FLORIDA COUNTY OF COLLIER Date The foregoinR instrument was acknowleged before me by means of ®physical presence or Donline notarization this 7day of 20_M, by (printed name of owner or qualifier) r- r . rfl/ /iJlGc� t�3 Such person(s) Notary Public must check applicable box: ® Are personally known to me brHas produced a current drivers license? Z Z-•IDC1— 9?- w020 -o E] Has produced as identification. Notary Signature: IS i t W -rAV q-,-AN ,I. - � i'i, ..• ' 5NATAVERNIER Notary Publi[ State of Fbrida Commission k tH I09470 My Comm. Expires Dec 19, 2025 Banded through National Notary Assn. REV 3/4/2020 Packet Pg. 27 3.A.b AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230016127 1 Faisal J. Cure Orfale (print name), as Authorized Manager (title, If applicable) of JacurLarry•s Pelican Plaza l-l-c. (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicant =contract purchaser=and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Heather Smallwood and Jose Chapman to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. --------------- %z— G e?O 23 u re Date STATE OF FLORIDA COUNTY OF COLLIER The foregoin instrume t was acknowleged before me by means of physical presence or 0 online notarization this � day c` 20 ?_ fly (printed name of owner or qualifier) i 7 I (` c Such person(s) Notary Public must check applicable box: E31'Are personally known to me ® Has produced a current drivers license ® Has produced _ s identification. Notary Signature:./.—,:1 CP\08-COA-00115\155 REV 3/4/2020 �P % = REBECA FONT ROMERO * W COMMISSION # NH 262312 'lofro?' EXPIRES: September 9, 2026 Packet Pg. 28 3.A.b colfler county Growth Management Community Development Department 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] 29810000268 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] DEL MAR RETAIL CENTER A COMMERCIAL CONDOMINIUM UNIT 205 STREET ADDRESS(ES) where applicable, if already assigned. 7795 Davis BLVD 205 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_Add ressing@colliercountyfLgov 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####] Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www.coll iercountyfl.gov Packet Pg. 29 ORDINANCE 81-27 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-2 BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT: PART OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Wilson, Miller, Barton, Soll, and Peek, Inc., representing Don Bruns, Richard Kimbrel and R. Douglas Callander, has petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County a Commissioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein desc4�311ed rea l �, ';r property located in Section 4, Townbhip 50 South,Rang,,!�?6 East, Collier County, Flokida is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the PUD Document attabbed hereto as Exhibit "A" which is incorporated herein and by reference made a part hereof. The Official Zoning Atlas Map Number 50-26-2, as described in Ordinance 76-30, is hereby amended accordingly. ..y Fri T n C" t rt '.; ran O g � co ^Aq� Z7 WK IMP PACE %7- 0 Y 3.A.c Packet Pg. 30 �'"' � a • N � Q 0 �LA►-JED UNIT DEVELOPMENT DOCUMENT F•OR wii D 00D ESTATES RESIDENTIAL DEVELOPMENT 4 U X . J W _t W r •� ^l J Ul yF U J A _ y 1 M: DOCUMENT PREPARED BY: W) V WILSON, MILLER, BARTON, SOLL & PEEK, INC. 00 v (WAFAA F. ASSAAD, A.I.C.P.) ti N T- oo O DATE ISSUED: June 3, 1981 m H e Z DATE APPROVED BY CAPC: April 23 1981 LuJ DATE APPROVED BY BCC: May 26, 1981 2 U EXHIBIT "A" CONTAINING 9 PAGES F- Q • c a: E v ca �a ... BOOK 11�YG PAGE; _ "' Packet Pg. 31 3.A. c 1 ' p K a N Z Q � J C Cl r.• y t CL- a ` r' INDEX c -'-, :i u PAGE > SECTON I: SATEMENT OF COMPLIANCE & PROPERTY LESCRIPTION 1 SECTION II: RESIDENTIAL DEVELOPMENT REGULATIONS TRACT "A" •2-4 y 3 E SECTION III:COMMERCIAL DEVELOPMENT REGULATIONS Q TRACT "B" 5-6 0 ,SECTION IV: DEVELOPMENT COMMITMENT 7-8 CN . to - o M N 0 N J a 00 T- oo N I- N CO L 0 m F- Z CW G U Q H 'I 3.A.c y,. s � N Cr V, J Ql 4 { W A: a- ;s y at I LL1 G' SECTION I h _ CU 0 STATEfd�NT OF COMPLIANCE & PROPERTY DESCRIPTION 1.1. STATEMENT OF COMPLIANCE: The development of +60 acres of property in Section 4, Township 50 South, Range-16 East, Collier County, Florida, as a Planned Unit Development, will comply with the Planning and Development Objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Land Use Element, the Housing Element and other growth policies, all of -which were adopted by the Board of County Commissioners. In general, the Wildwood Estates Planned Unit Development is in compliance with all applicable policies and regulations. 1.2. LEGAL DESCRIPTIONt The East 1/2 of the East 1/2 of the Southwest 1/4 and the West 1/2 of the Northeast 1/4 of the Southwest 1/4,Section 4, Township 50 South, Range 26 East, Collier County, Florida, less road right-of-way. -1- 6GGK M2 PACEam OOA Packet Pg. 33 3.A.c 1 Cr ' 4 � p i G1 p ~ p y 4 .4i • LI c sfr.CC �� ' J J uJ ro d • SECTION II o t a RESIDENTIAL DEVELOPMENT REGULATIONS - TRACT "A". U C1 c 2.1. PURPOSE: > The purpose of this section is to set forth the regulations for the devQlopment of Tract "A" of this Planned Unit Development (+ 57 Acres). m U 2.2. PERMITTED USES AND STRUCTURES: L No building or structure, or part thereof, shall be y erected, altered, or used, or land or water used, in whole or'in part, for other than the following: • r Q. A. Permitted principal uses and structures O 1) Multi -family dwellings N 2) On -site sewage treatment & disposal facilities 3) Lakes and water management facilities 4) Project management offices and facilities c 5) Manager's residence N 0 B. Permitted accessory uses and structures J (L 1) Customary accessory uses and structures 2) Signs 'n 3) Recreation facilities °r° 4) Maintenance and utility buildings and facilities N s 2.3. MAXIMUM NUMBER OF DWELLING UNITS: N i. , µ A maximum of 710 dwelling units may be constructed on w Tract "A". -a -2- • M • i Lill ti C w y Q1 SOX -, 1 i $r Q +( O -? to c� V x a y 1 tAJ IL J L Y' 7 2.4. MINIMUM SETBACKS: A. From Tract boundary lines, or from the edge of the '. pavement of a private 'road, Thirty (30) feet or a distance equal to one-half of the building height,* which ever is greater.. B. Between any two principal structures, fifteen (15) feet or a distance equal to one-half (1/2) the sum of their heights, whichever is greater. C. From edge of lake, twenty (20) feet. 2.5. MINIMUM FLOOR AREA OF PRINCIPLL STRUCTURES: A. Residential: Five Hundred (500) square feet for each dwelling unit. B. Non -Residential: No minimum requirement. 2.6. MAXIMUM HEIGHT OF STRUCTURES: i Six (6) Stories. The maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood' Elevation Ordinance or from the finished grade of the lot whichever is higher. -3- BOOK 012 PACE Packet Pg. 35 3.A.c r K G O OC J LIJ r O <.) a- arg a b.l .�L ,". V 0 J W V J 6 �^ 2.7.' MINIMUM OFF-STREET PARKING: >s' L i A. Efficiency and one (1) bedroom dwelling units: Two (2) off-street parking spaces per unit for the. first fifty (50) dwelling units and one and one-half .2 (1.5) off-street parking spaces for each additional dwelling unit thereafter. B. Two (2) or more bedroom dwelling units: Two (2) off-street parking spaces per dwelling unit. a O 2.8. LIMITATIONS ON SIGNS: ti N <, As permitted for multi -family zoning districts by the zoning ordinance in effect at time of application for c building permit. M " N O N J a W) 00 oo N ti N oo O 's m ' Z -e W C i ._w V H -4-- E t %. cc �x X`5'X ... _ Packet Pg. 36 3.A.c 1 d to n N cc O SECTION III O— ac " 1— COMMERCIAL DEVELOPMENT REGULATIONS -TRACT PURP&5i cc ��The se of this section is to set forth the `regu at ns for the development of Tract "B" of this co Planned , nit Development (+ 3 Acres) . 3.2. PERMITTED USES AND STRUCTURES: No u lding or structure, or part thereof, shall be erected, altered or used,- or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Automobile service stations without repairs*. (2) Baker shops - including baking only when incidental to retail sales from the premises. (3) Barber and beauty Shops. (4) Bicycle sales and service. (5) Delicatessens. (6) Drug Stores (7) Dry Cleaning - collecting and delivery only. (8) Food markets. (9) Hardware stares. (10) Ice Cream Shops. (11) Ice sales (not including ice plants). (12) Laundries,•Self Service only. (13) Meat Markets. (14) Post Offices. (15) Repair Shops- radio, TV, small appliances, shoe. (16) Restaurants - not including drive-ins. (17) Veterinary clinics - No outside kenneling. (18) Any other convenience commercial use which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the District. B. Permitted Accessory Uses and Structures. Accessory user and structures customarily associated with the uses.permitted.in this district. (2) Caretaker's Residence* C. Permitted Uses and Structures Subject to Site Plan Review: (T-)Recreational facilities not accessory to ` principal uses. *In accordance with applicable supplementary district regulation of the zoning ordinance in effect at time of application for building permits. -5- BGG� 0- UZ PAGE U IL 6 O t a1 c 0 c ca cc H E Q. O ti N c 0 0 M N O N J IL LO 0 0 N ti N 0 O 00 H Z W 2 U Q H H Q c a: E t m a Packet Pg. 37 li S � � pn Cj 4 WLU tr I L � v 12: ' Jt1 to 1 � V • - J 3.3. „.MINIMUM Y9RD REQUIREMENTS:_ m A. Depth of front yard setback - fifteen (15) feet in which no parking spaces shall be allowed. B. Depth of side yard setback - none or a minimum of five (5) feet with unobstructed passage from front to rear yard. C. Depth of rear yard.zetback - twenty-five(25) feet. 3.4. MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: One thousand(1,000) square feet per building on the ground floor. 3.5. MAXIMUM HEIGHT: Twenty -Five (25) feet above the finished grade of the lot. The maximum height of a structure shall be measured from the minimum base flood elevation required by -the Flood Elevation Ordinance or from the finished grade of the lot whichever is higher. 3.6. MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS: As required by zoning ordinance in effect at time of application for building permits. 3.7. MINIMUM LANDSCAPING REQUIREMENTS: As required by zoning ordinance in effect at time of application for building permits. 3.8. LIMITATION ON SIGNS: As.permitted for convenience Zoning Districts by zoning ordinance in effect at time of application for building permits. 3.9. MERCHANDISE STORAGE AND DISPLAY: Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. --6- 6GOKOV tilGE � . 3.A.c 3.A.c 4 ' ✓r d N � I C � O C" W 0 Q f1 l U r- iAJ J �� x " SECTION IV :J -4 Ul DEVELOPMENT COMMITMENT 4 . 1 r WATER SUPPLY: Potable water shall be supplied by the extension of the existing system located on Radio Road West of the site. The extension of the water main from Radio Road to the project site shall be coordinated and approved by the Utility Division. 4.2.' SANITARY SEWAGE TREATMENT 5 DISPOSAL: An on -site sewage treatment and sp iosal facilities shall be provided until such'`time as an area wide system is made available. The on -site water distribution and sewage collection facilities shall be deeded to the County and, where necessary, leased back to the Development, prior to any connections being made to these water and sewer facilities; and connection to County owned central sewer' facilities will be made when such facility is made available. Prior to the issuance of any building rermits, all applicable water and sewer system development charges will be paid. The sanitary sewage system shall be provided to comply with all applicable local and state requirements. 4.3. WATER MANAGEMENT: The Water Management System shall comply with the requirements of the South Florida Water Management District and Collier County. The final water management system design shall be reviewed and approved by the County Engineer prior to commencement of development. 4.4. TRAFFIC IMPROVEMENTS: The developer shall construct at no expense to the County, the following traffic improvements: A. A left turn storage lane and a right turn deceleration lane on Davis Boulevard for traffic entering the development. B. A two lane divided boulevard entrance to the development with landscaped island(s). C. Subject to FDOT approval, the.developer shall pay his appropriate share as determined by the County Engineer for cost of the installation of a traffic signal on Davis Boulevard when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. -7- • .f • MAO , �M.�.�• , D. The only access to the commercial tract shall be via the main entrance to the development. E. Sidewalks shall be located on both sides of the entrance road up to the east/west loop road and along one side of the loop road. 4.5. FIRE PREVENTION: The Wildwood Estates Development shall comply with all applicable codes and regulations. 4.6. DEVELOPMENT PLAN: U a 0 0 t a� c .: •L c v R H rn 3 E r Q. O ti N T- 0 0 M N O N J a LO 00 oo 04 N T- oo O 00 H Z W 2 L) Q Q C E t :i R a A ,, , x: »•...� wax �•�z�..: _� Packet Pg. 40 3.A.c i..; L 02 PAGE RECORDERI AMMOt TAgilallity of wridn#. Typing or Printing o tlmfxatory In Wo &wwnmt what row"& I tip . - 3.A.c SECTION TWOt ' This Ordinance shall become effective upon.receipt of a �! notice that -it has been filed with the Secretary of StAte. °o t r U DATE: August 11, 1981 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "' .• BYt A•TAST: to " ra +� .•'#,:•';WI.�AM J REAGA , C RKVt -13 . m rn $R�AITT' O OF FLORIDA ) ?o co v is COUNTY OF COLLIER ) " ^� ~ N !, r n V_ ii c0 I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth c Judicial Circuit, Collier County, Florida, do hereby certify that N the foregoing is a true original of: c N ORDINANCE NO. 81-27 d which was readopted by the Board of County Commissioners during 00 Regular Session via emergency procedure on August 11, 1981, T° T_ WITNESS my hand and the official seal of the Board of County v Commissioners of Collier County, Florida, this llth day of August, ti N 1981. 1 oo WILLIAM J. REAGAN This ordinance filed with the Secretary Clerk of Courts erk.. Ex officio toABoai'•o•. Y��, 0 of of State's Office the 17th day Aug -County Co issi '• w ' ust, 1981 and acknowledgement of'that one4s•0• '•. ' m filing received this 20th day of Aug- •;!e ust, 1981. By "•' 4 _ i M •Mr w irg is Denlfky- C7v6zk B Y Q _ : ccc�c-c% ft.l.2 a —sti .... J '' .��, • ' •' ;a U Deputy Clerk ,� •, ••' °G�coa•�4°�' Q E x toot Q� t;►t��,, �r; Packet Pg. 42 3.A.d HEX NO.2015 — 32 HEARING EXAMINER DECISION PETITION NO. ZVL-PL20150000829 — Del Mar Retail Center Condominium Association, Inc. requests affirmation of a zoning verification letter issued by the Planning and Zoning Division pursuant to LDC Section 10.02.06, in which County staff determined that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers -retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted commercial principal uses in Tract "B" under Section 3.2(A) of the Wildwood Estates PUD, Ordinance No. 81-27, as amended. The subject property is located on the north side of Davis Boulevard, approximately one -quarter mile east of Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3t acres. DATE OF HEARING: August 13, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: N 1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the T M Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land o Development. a 2. Based on the applicant's written petition, testimony at the hearing of the applicant, and o r. the recommendation of staff, the Hearing Examiner finds that the criteria set forth inco N Section 10.02.06.J of the Land Development Code has been met and the petition is N approved. DECISION: The Hearing Examiner hereby approves Petition No. ZVL—PL20150000829, filed by Robert Mulhere, FAICP, representing Del Mar Retail Center Condominium Association, Inc., requesting approval of a zoning verification letter determining that the proposed uses of judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning salon, pet daycare, boarding and grooming with no outdoor kenneling, artificial flowers -retail, pet food store, pet shops, retail telephone services, retail picture frame shops, and kidney dialysis are comparable in nature to other permitted uses in Tract `B" under Section 3.2(a) of the Wildwood Estates PUD, Ordinance No. 81-27, on the property described herein, and affirms staff's determinations as stated in the Zoning Verification Letter attached as Exhibit "A", subject to the condition(s) set forth below. [15-CPS-01446/1200597/1132 1 of Packet Pg. 43 3.A.d ATTACHMENTS: Exhibit A - Zoning Verification Letter ZVL— PL20150000829 LEGAL DESCRIPTION: See Ordinance No. 81-27, the Wildwood Estates PUD. CONDITIONS: 1. Each requested use shall be limited to 20% of gross building floor area, except SIC 7991 (limited to fitness facility/gym) and SIC 7999 (limited to judo and/or karate instruction, yoga, and pilates) shall each be limited to 25%. 2. Each use within SIC 0752 (limited to pet daycare, boarding and grooming) shall be "indoor only". APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as U) amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners E or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date o the Hearing Examiner Decision is rendered. , ti N O r O O M N O N J IL RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL Go USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR N INFORMATIONAL PURPOSES. N M LO r g - �5- 2�t S X Date Mart Strain, Hearing Examiner ? [ 15-CPS-01446/ 1200597/ 1 ]32 2 of 2 Appro ed as to orm and legality: Scott A. Stone Assistant County Attorney Packet Pg. 44 3.A.d Co ter CovrKty Growth Management Department Zoning Division May 21, 2015 Robert J. Mulhere, EAICP Mulhere & Associates, LLC 430 Robin Hood Circle, Suite 102 Naples, FL 34104 Re: Zoning Verification Letter ZVL (CUD)-PL20150000829; Wildwood Estates PUD, Collier County, Florida, Multiple Folio Numbers Dear Mr. Mulhere: p N Thank you for your request for a Comparable Use Determination. The subject property is zoned Wildwood Estates Planned Unit Development (PUD). c 0 M You requested a determination that the following uses are comparable with the permitted uses in N the PUD: judo/karate instruction, yoga, pilates, fitness facility, gym, florist, art gallery, tanning a salon, pet daycare, boarding & grooming with no outdoor kenneling, artificial flowers — retail, LO 00 pet food store, pet shops, retail telephone stores, retail picture frame shops and kidney dialysis. Go Your request states that these uses are limited in size and scale and that the traffic impacts would M not substantially affect the existing retail center and surrounding areas. LO Staff agrees that most of the uses are permitted in the C-3 zoning district and would be compatible with the other uses in the PUD. The uses of judo/karate instruction, yoga, pilates and kidney dialysis are permitted uses in the C-4 district; however, Staff agrees that they can operate without impacts to the size and scale and traffic of the neighborhood. The Zoning Division has issued four Zoning Verification Letters between 2006 and 2014 requesting comparable use determinations (attached). In addition, The Zoning Director issued an Official Interpretation in 2012 (attached). Based on the research above and in the application, the Planning Manager has determined that the requested uses are comparable and compatible to the other permitted uses in the PUD and are therefore permitted uses. This determination shall be affirmed by the Hearing Examiner to become valid. Exhibit A 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliergov.net Page 1 of 3 Packet Pg. 45 3.A.d Please be advised that the information presented in this verification letter is based on the LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl@colliergov.net. Researched and prepared by: Fre schl, AICP, Principal Planner Planning & Zoning cc: Laurie Beard, PUD Monitoring Anis Moxam, Addressing Reviewed by: Raym V. Bellows, Zoning Manager Planning & Zoning Exhibit A Page 2 of 3 ti N co O O M N O N J d LO 00 Go N Packet Pg. 46 100t43SBmmJQpue3mej1snwig O-lUMO Z Z d:MR Z-4XBH-0 IN]WH3vlly:}8wt4oqlv M Q p � M E � g / � W 0. \ ® a)9 T 3 T 0- 3 o u 6 3 u u Q 2 E / m E e D [ § 2 w vi / 7 \ 3 k q 2 / a) ) J \ 7 / $ / 0 _& u / \ S « § \ / % \ (D 0 -0Ul 7 a / ru m y »to y _ \ \ } y m / t E - u / 2 a)ƒ _ 2 $ E 2 a E — m ( e = 2 s 2 - ° 9 % g E — / \ / \ \ } f > a w e �\\ \ \ \g \ \ z\ w NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier Cou earing Examiner (HEX) at 9:00 A.M., March 28, 2024, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PCUD-PL20230016127 - OPTIMUS TRAFFIC AND DRIVING SCHOOL - REQUEST FOR A DETERMINATION THAT THE PROPOSED USE OF AN INDOOR ONLY AUTOMOBILE DRIVING INSTRUCTION FACILITY IS COMPARABLE IN NATURE TO OTHER PERMITTED USES IN 3.2.A(18), RELATING TO TRACT B, OF THE WILDWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) ADOPTED BY ORDINANCE NUMBER 81-27. THE SUBJECT PROPERTY IS LOCATED AT 7795 DAVIS BOULEVARD, NAPLES, FL 34104, ALSO KNOWN AS UNIT 205, DEL MAR RETAIL CENTER, A COMMERCIAL CONDOMINIUM, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 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 opportunityto 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 Packet Pg. 49 Collier County, Florida 3.B 03/28/2024 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 28208 Item Summary: Petition No. VA-PL20230010369 — Request for an after -the -fact variance for a 50-ft by 80-ft garage and a 31.9-ft by 31.9-ft open air/roof only carport that were built closer to the property lines than code allows; the variance is from LDC section 4.02.0l.A, Table 2.1, to reduce the required rear yard setback from 75 feet to 38 feet and the eastern side yard setback from 30 feet to 29.4 feet for the garage and to reduce the required side yard setback from 30 feet to 7.9 feet for the carport, on a f2.27 acre property located at 5261 Sycamore Drive, also known as the East 150 Feet of Tract 45, Golden Gate Estates Unit 32, in Section 9, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator Eric Ortman, Principal Planner] Commissioner District 3 Meeting Date: 03/28/2024 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 03/04/2024 8:19 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 03/04/2024 8:19 AM Approved By: Review: Growth Management Community Development Department Diane Lynch Operations & Regulatory Management Michael Stark Review Item Hearing Examiner (GMD Approvers) David Merino Review Item Zoning Ray Bellows Review Item Zoning James Sabo Review Item Zoning Eric Ortman Review Item Unknown David Merino GMCDD Reviewer Zoning Mike Bosi Division Director Hearing Examiner Andrew Dickman Meeting Pending GMD Approver Skipped 03/04/2024 7:16 PM Completed 03/12/2024 1:53 PM Completed 03/15/2024 8:36 AM Completed 03/15/2024 1:32 PM Skipped 03/15/2024 3:17 PM Skipped 03/05/2024 11:09 AM Skipped 03/15/2024 3:39 PM Completed 03/19/2024 11:06 AM 03/28/2024 9:00 AM Packet Pg. 50 3.B.a fn�"COCO-RUty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: GROWTH MANAGEMENT DEPARTMENT ZONING DIVISION — ZONING SECTION HEARING DATE: MARCH 28, 2024 SUBJECT: VA-PL-20230010369, 5261 SYCAMORE DRIVE, GARAGE PROPERTY OWNER/APPLICANT: AGENT: Jamie and Carol Lawrence 5261 Sycamore Drive Naples, FL 34119 REQUESTED ACTION: Noel Davies, Esq. Davies Duke, PLLC 1415 Panther Lane, #442 Naples, FL 34109 The petitioner requests a variance from LDC §4.02.01.A.Table2.1 to reduce the required rear yard setback from 75 feet to 38 feet, and to reduce the required side yard setback from 30 feet to 29.4 feet to allow for the continued existence of an 80-foot by 50-foot garage that was built closer to the property line than allowed. The applicant also requests a variance from LDC §4.02.0l.A.Table2.1 to reduce the required side yard setback from 30 feet to 7.9 feet to allow for the continued existence of a 32-foot by 32-foot open-air/roof-only carport that was constructed without a permit and built closer to the property line than allowed. The applicant has submitted an after -the -fact building permit for the structure that is being reviewed. GEOGRAPHIC LOCATION: The subject property is at 5261 Sycamore Drive, approximately 1.4 miles east of I-75 and 1,500 feet east of Logan Boulevard, and roughly 650 feet north of Pine Ridge Road. The property (Folio #38283000006) is identified as Golden Gate Estates Unit 32 East 150 Feet of Tract 45 in Section 9, Township 49 South, Range 26 East, and consists of ±2.27 acres in unincorporated Collier County, Florida. (See location map on page 2 and aerial of property on page 3.) r- a VA-PL20230010369 — 5261 Sycamore Drive -1- Packet Pg. 51 69£0600£ZOZ'ld : 80Z8Z) VZOUM 013JI3 aJOWBO (S 69E0600EZOZ-ld-VA podall }IBIS :juewLj3e;;b Q � r- n ® p ® Cy W � Q Q Z ® � 0 LLI F N U d C4 �z � o W F �a oL) a 0 S (IAl9 ue 0- ¢ 0 �Q a CL M c 0 U 0 J `VJ w (Y) O r 0 0 N 0 J L 7� L n� I..L 3.B.a Collier County Zoning Map PURPOSE/DESCRIPTION OF PROJECT: The applicant, Mr. Lawrence, applied for and was granted a building permit (PRCP20221046220) for an 80-foot by 50-foot steel building with two 16-foot roll -down steel doors on an Estates zoned lot where the front and rear setbacks are 75 feet and the side yard setbacks are 30 feet. Mr. Lawrence elected to construct the building using a private provider. When a private provider is used, "the local building official may not review the plans submitted or perform the required building inspections to determine compliance with the applicable codes, except to the extent provided in said law", i.e., F.S. 553.791. The private provider is responsible for all inspections which are to be uploaded to CityView. The County does not visit the property until the final VA-PL20230010369 — 5261 Sycamore Drive -3- Packet Pg. 53 3.B.a inspection for issuance of the Certificate of Occupancy. The building has been completed; several activities remain before a Certificate of Occupancy may be granted, including final building inspection (Code# 115), site drainage (Code#801), and exotic vegetation removal (Code#810). The applicant has not uploaded/submitted a spot survey for this permit, though it should have been done after the slab was poured but before construction of the building commences. When this variance petition was submitted, it included a spot survey dated May 15, 2023, which showed the encroachment of both buildings that are the subject of this petition. SURROUNDING LAND USE & ZONING: The subject property is surrounded by Estates (E) zoned property on all four sides. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Per the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), the subject property has a future land use label of Estates Designation, Mixed Use District, and Residential Estates Subdistrict. FLUE Policy 4.2 references the Golden Gate Area Master Plan (GGAMP) for ° a siting criteria and development standards in Estates designated lands. Per the GGAMP, permitted uses in the Residential Estates Subdistrict are limited to single-family residences at a maximum density of 1 DU/2.25 acres, exclusive of guesthouses. Uses that are accessory and incidental to the uses permitted by right are also permitted in the Estates. The principal structure on the property is a single-family residence; a garage is an accessory use to this permitted use. Since the GGAMP E permits single-family dwellings and complimentary accessory uses, the garage in this case, the use must be found consistent with the GMP. Additionally, the GMP does not address individual a dimensional variances but refers variances to the Land Development Code. The garage is consistent with the GMP. VA-PL20230010369 — 5261 Sycamore Drive -4- Packet Pg. 54 3.B.a STAFF ANALYSIS: Building Permit Application In Section E.2 of the building permit application, the applicant selected "carport/shed"; other choices in Section E.2 included aluminum structure, building, and detached garage. See page three of Attachment I and an excerpt from the application below. The declared value for the building is $150,000. The stated use of the building is to store boats, jet skis, and four -wheel -type vehicles. ForCattraetors: The above emod address is my preferred method of contact for all correspondence regarding this permit. �' 1- J❑ , E.2. Permk Type: L .ium Structure13 Awnings Building• Ca rport/Shed 11Cell Towe rn De molitio(ElDetached Garage Electrical Ferxe Fre Ms ❑ Marine []Merhamal Plumbing ❑Pod ❑RW []Shutters/P r5,W-1h:Y— [3-5IesjCartst. Trailer❑Screen Endpsure []Solar 0$I pVF4-ggole ❑Maier Feature E.3. Description of Work: The Description of work must convey on account of work idennfied on the construction plans. With an existing 32-foot by 32-foot carport/shed on the property and a stated value of $150,000 for this 80-foot by 50-foot metal structure with two 16-foot steel roll -down doors, staff classifies the building, shown to the right, as a garage. Building Permit and Private Provider The project was built using a private provider, Naples Design and Consulting, Inc. (Attachment 2). Page two of the Private Provider Notice to Building Official states, "I understand that the local building official may not review the plans submitted or perform the required building inspections to determine compliance with the applicable codes, except to the extent specified in said law." (The law being referenced is F.S. §553.791.) The notice also states, "It is the responsibility of the Private Provider and Contractor to ensure that a spot survey & elevation certificate is provided to this department in a timely manner." The final approved site plan for the garage (Attachment 3) shows the garage having a rear setback of 75.5 feet and a side setback of 35.5 feet. A spot survey has not been submitted in connection with this permit. Variance Application Though a signed/sealed survey has not been A41.: J 11 FPrMl submitted in conjunction with the garage's building permit, a May 15, 2023, digitally signed survey (Attachment 4) was included in the submittal for this variance. The survey shows that the garage encroaches 37 feet into the rear yard setback and 0.6 feet into the eastern side yard setback. The survey also shows the presence of an VA-PL20230010369 — 5261 Sycamore Drive -5- Packet Pg. 55 3.B.a unpermitted building that encroaches 22.1 feet into the 30-foot, western side yard setback. Staff provided the agent with a couple of suggestions that he could investigate and potentially use to show land -based hardship. However, nothing in the record shows that there is a land -based hardship or that existing conditions required the applicant to move the location of the garage. Outstanding Code Enforcement Cases CESD20230009659 (11/l/23) is for two unpermitted structures: a pergola attached to the side of the house (see graphic to the right) and a 32-foot by 32-foot carport/shed in the rear year. The pergola is no longer attached to the house and is now, therefore, a canopy tent. The applicant has applied for an after -the -fact building permit. PRCP20240101481 is for the carport/shed. The permit is currently in rejection status for multiple reasons. The carport/shed has been included in this variance petition. Code Enforcement was unable to take a picture of the carport/shed. As shown in the two Google Earth images below, the current owner built the unpermitted building. As seen below, the left aerial is from February 2017 and shows the subject property as it appeared after July 6, 2016, when the current owner purchased it. The photo to the right is from April 2023. r_ VA-PL20230010369 — 5261 Sycamore Drive -6- Packet Pg. 56 3.B.a Closed Code Enforcement Cases CEROW20230008942 (10/12/23) was for wooden posts with chains between them, stone around driveway entrance and the East section of the swale, and a palm tree and decorative vegetation all within the swale/right-of-way. The items were subsequently removed, and the case was closed. Applicant's Actions Prior to Construction of 80-foot by 50-foot Garage 1. Constructed a 32-foot by 32-foot carport without a permit resulting in a code violation. The carport was constructed 22 feet into the west side yard setback where the setback is 30 feet. 2. Constructed a pergola without a permit which resulted in a code violation; the pergola is in the process of being removed. 3. Placed decorative items and plants in the road right-of-way which resulted in a code violation. The items and plants were removed, and the code case was closed out. Applicant's Actions During Construction of 80-foot by 50-foot Garage 1. Constructed a garage that encroached 37 feet into the 75-foot rear yard setback. 2. Hired a private provider who has not yet submitted a spot survey. Final inspection (Code 115), site drainage (Code 801) and exotic vegetation removal (Code 810) are all pending. 3. Has letters of no objection from each of the five abutting neighbors. 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 criteria and offers the following responses: A. Are there special conditions and circumstances peculiar to the location, size, and characteristics of the land, structure, or building involved? In the first submittal, the applicant stated that the encroachment of the garage was due to an "inadvertent error." The applicant also stated that the encroachment r-- of the unpermitted 32-foot by 32-foot open-air/roof- only carport was due to an "inadvertent error." ,t; Subsequent justification for the location of the garage V; was 1) to accommodate existing native vegetation to the ,� f south of the building; such vegetation cannot be seen in a recent aerial as the land south of the building has been cleared; 2) removal of exotic vegetation; removal of exotic vegetation would increase the buildable area, not decrease it and would not negatively impact the location of the structure; and 3) that the "applicant was directed by multiple County representatives to construct the structure in its current location." The project was done with a private provider; therefore, staff had no input into the structure's location. Criteria "a" and "b" in LDC 9.04.03 provide an opportunity for the applicant/agent to present arguments/evidence supporting a land -based hardship and/or circumstances and actions VA-PL20230010369 — 5261 Sycamore Drive -7- Packet Pg. 57 3.B.a taken by others that presented the need to locate the structure halfway into the setback. Staff offered various avenues to the agent that might be useful in determining a land -based hardship. Nothing in the record shows that there is a land -based hardship that was not created by the applicant or that actions by others have impeded the applicant from locating the garage outside of the setback. By using a private provider to manage the project, the County was precluded from offering any oversight or assistance, particularly prior to the garage being built. B. Are there special conditions and circumstances that do not result from the applicant's action, such as preexisting conditions relative to the property, that are the subject of the variance request? Staff suggested several circumstances that might qualify as a land hardship and justification for granting a variance. Aside from what is listed in "a" above, the applicant provided no evidence of special conditions or circumstances which did not result from their actions. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Should the variance be denied, the applicant will be required to remove the structure from the setback. The structure is a prefabricated metal building that was put together on -site. The structure could either be dismantled and reassembled elsewhere on the property, or the entire structure could be moved with a crane. Staff recognizes that either scenario for moving the structure, particularly with the use of a crane, would entail a not inconsequential amount of money; however, this hardship is self-imposed by the applicant for not following the standard procedure of submitting a spot survey prior to erecting the structure and using a private provider thereby bypassing any county inspections or oversight. 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, and welfare? Granting the variance, which would allow for the permanent existence of a 22-foot encroachment for the carport and a 37-foot encroachment for the garage, would be the minimum amount of variance to bring the structures into compliance. A reasonable use of the land could also be achieved by moving the structures out of the setbacks and meeting the minimum yard setbacks. 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 ame zoning district? By building both structures significantly into the setbacks and not obtaining a permit to construct the carport, the applicant gains a special privilege relative to anyone who adheres to the zoning regulations. F. Will granting the Variance be in harmony with the general intent and purpose of the Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Setbacks are established to provide a safety zone where no building may occur, to improve aesthetics, and to mitigate the impacts of noise and unwanted views. In Collier County, VA-PL20230010369 — 5261 Sycamore Drive -8- Packet Pg. 58 3.B.a G. setback distances vary widely depending on the type of development, with smaller setbacks for commercial development and denser residential areas and larger setbacks in agricultural zones and properties in the Estates. Granting encroachments of 74 percent (22 feet) for the unpermitted carport and 49 percent (37 feet) for the garage is not in keeping with the general intent and purpose of the LDC. Are there natural conditions or physically induced conditions that ameliorate the regulation's goals and objectives, such as natural preserves, lakes, golf courses, etc.? The closest neighboring home is 200 feet from the garage. Mature vegetation provides a visual barrier to the homes immediately abutting to the east and west, and a complete visual barrier to other residences along Sycamore Drive and Tamarind Ridge Road to the north. If the usage of the garage is to store items, noise would be a non -issue. Other customary uses for similar types of garages could result in a disagreeable amount of noise. The applicant has submitted letters of no objection from each of the five properties that abut the applicant's property on the northern side of Sycamore Drive (Attachment 5). 1) 5281 Sycamore 3) 5270 Tamarind 5) 5253 Sycamore 2) 5300 Tamarind 4) 5250 Tamarind H. Will granting the variance be consistent with the GMP? The Growth Management Plan (GMP) does not address individual variance requests related to dimensions. Approval of this variance will not affect or change the requirements of the GMP with respect to density, intensity, access/connectivity, or other applicable land use provisions but may negatively impact compatibility with properties abutting to the east and west, if not the current owners, then perhaps future owners. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. RECOMMENDATION: Based on the facts stated above, staff recommends that the Collier County Hearing Examiner deny variance petition VA-PL-20230010369 to 1) reduce the required rear yard setback from 75 feet to 38 feet, 2) reduce the required side yard setback from 30 feet to 29.4 feet for a garage, and 3) to reduce the side yard setback from 30 feet to 7.9 feet for an open-air/roof only carport. r_ VA-PL20230010369 — 5261 Sycamore Drive -9- Packet Pg. 59 3.B.a Attachments: 1. Building permit application for 80-foot by 50-foot metal structure 2. Private provider package from Naples Design and Consulting, Inc. 3. Approved site plan January 19, 2023 4. May 15, 2023, digitally signed survey submitted with the petition. 5. Letters of no objection 6. Applicant's backup documents 7. Legal ad and signposting r- VA-PL20230010369 — 5261 Sycamore Drive -10- Packet Pg. 60 3.B.b Attachment 1 Building Permit Application for 50' x 80' Metal Structure m U C �L a� L O E to U U) a� m M O O O M N O N J d O O N O N C O r R v .Q Q r E L a) a. a+ a Packet Pg. 61 3.B.b 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT BUSINESS CENTER 2800 N. Horseshoe Drive, Naples Fl- 34104 I Phone (239) 252-2400 Initial Incomplete Notice Incomplete Initial Submittal Notice October 11, 2022 Janette Clotworthy RE: Permit Number: PRCP20221046220 Description: NEW ALUM STRUCTURE SHED/CARPORT ADDED TO PROPERTY, DETACTED FROM HOME. 5261 Sycamore DR, Naples, Single Family A sufficiency review of the submittal package for the above referenced application indicates the following items are deficient. These items will need to be submitted as soon as possible so that we may continue to process your application: Reviewed By: Maria Becerra Phonee:++(239) 252-2935 Email: Maria.Becerra@colIiercountyfl.gov C_ O lr1 -)- rA G 40 r' 1. Application�Form�-QLARIFY IF THIS IS A OWNER BUILDER OR ONT ACT. 2.Site Planning Document - UNABLE TO VERIFY DIGITAL SIGNATURE. "PLEASE BE ADVISED, CHANGING THE NAME OF THE ORIGINAL DOCUMENT ADDING OR EXTRACTING PAGES AFTER THE DOCUMENT HAS BEEN DIGITALLY SIGNED WILL MAKE THE DIGITAL SIGNATURE DISAPPEAR OR INVALID** 3. Private Provider Package - PROVIDE THE PRIVATE PROVIDER PACKAGE. A final sufficiency review for permit application PRCP20221046220 has been completed and deemed insufficient. Failure to respond to this notice within 7 calendar days will result in a Final Incomplete Notice that allows for an additional 7 days to respond. Failure Packet Pg. 62 10/6/22, 9:58 AM Permit Application - CityView Portal Permit Application - Submitted Application Number: PRCP20221046220 Print This Page You have successfully submitted your application. You will receive correspondence regarding your submittal when processing is complete. Have Questions? Please call (239) 252-2400. Thank you for using Electronic Plan Submittall — Permit Information Permit Type: Carport/Shed Category of Work: Addition Description of Work: NEW ALUM STRUCTURE SHED/CARPORT ADDED TO PROPERTY, DETACTED FROM HOME. Locations: Address 5261 Sycamore DR, Naples, Single Family Property 38283000006 Contacts: Property Owner LAWRENCE, JAMIE & CAROL, Address:5261 SYCAMORE DR Owner Builder LAWRENCE, JAMIE & CAROL, Address:5261 SYCAMORE DR Applicant Janette Clotworthy, Address:5435 Jaeger Road — Permit Application Details (portal) Building Use: Mixed -Use Is this a private provider inspection?: Yes Is this a private provider review?: No - Owner Builder Is the property owner doing work?: Y� in O C O fN-t rQ G +-0 r Does this application require a Change of Use (Portal) Change of Use: No — Is this permit related to a natural disaster (Portal) Related to a Natural Disaster: No — Permit: Carport/Shed Declared Construction Cost: $150,000.00 Is declared value of work > 25% of No structure's improved value?: Work Item Description Carport, Shed - Commercial — Documents & Images Units Quantity SF Date Uploaded File Type Document Name 10/06/2022 Conceptual Site Plan DS Lawrence Metal Building -permit 8-15-122 THIS ONE pdf _.._____.. 10/06/2022 Construction Plans LAWRENCE ALUM SHED -THIS ONE.pd 10/06/2022 Applications LAWRENCE ALUM SHED PERMIT APPLICATION correction notice dated 10 6 2022 - THIS ONE,pd __- Please print this page or record the application number for future reference. You will need it in order to view the status of your application online. Please select a link below to access the Collier County Web Portal. Apply for Permit View the status of my application Portal Home Packet Pg. 63 https://cvportal.colliercountyfl.gov/CityViewWeb/Permit/Application?referenceNumber=PRCP20221046220&isstep=True&isAddNewPe-rmit- s ... �� �?o �� UILDING PERMIT APPLI CA Coley County __ll Loa l l Q (� �jl 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-240C Growth Departm Management ent u / Z_ PermittinaDentr7a CnlliarCnuntvFl nn . Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. v.zction A. Perrnit Number Al. Peril (Staff to Provide).- • • B.3. Building Type: ro 1&2 Family Dwelling/Townhouse ❑ Res. 3+Units/Multi-Family [7]Commercial ❑Mobile/Ma nufactured Home ❑Guest HOB C.1. Parcel/Folio #:3?a .566bt)O ( ,, C.6. Subdivision Lot #: C.2. Job Street Address: ' 1 G, AlGt 1-� `' � <f I ,1 �� Lt % S� (71-' C. Project Name: m u, C.3. Owner Name: (�� C.8. SDP PL#: fh i �- L-QW / c 2 `° C.4. Owner Phone: ; ,l - S 11 - I 7,� C.9. Jurisdiction: oilier County [:]City of Everglade aa) L C.S. Email: C.l C - ! ry oc� p I e vyl E • • • • D.1. Permittee Type: ractor ❑Design Professional ❑ Owner-Builde �a U, D.2. Contact Name: Jq iy,) le-1- at Q W r('A ('e-- D.3. License: !a- G I a C� p� c% 5 C0 CD r-� D.4. Company Name: 4 /D J� 4) L icy-) 0 1-c r ,J L- �-- m M o h i 1 D.5. Company Address: �� �� C1 P e r I, OQ 141 D.9. ompany` hone: 0 c� � . / D.6. Qualifier Name: '/ J T C11— �.�� �� j.< V D.10. Fax #: % on N O J D.7.Email: -TQh"mz:a cik0r>! ryn c1 pcry-? a For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. Yes N E.2. Permit Type: L. ,lum Structure ❑Awnings []Building*• Carport/Shed ❑Cell Tower❑ Demolition[] Detached Garage []Electrical Fence ® Fire 03as CC® aosea Marine®Mechanical❑Plumbing ["]Pool ❑Roof ❑Shutters/Doorsndw❑Ses/CntTrailr xeenEnclosure❑Solar❑ ig /Fla le I�lterFeature E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. v f3.<-4 HC a - ro 1o, C. c6br-,n I ry err- fy a i %• fiG cr.r d rvrv-� (-(-a ,-r-� � � �a r Po r->f-/�'%�.c�, �= E 4) 1L a) E.4. Occupancy Type: J ar�O Seelnstructior E.5. Construction Type: ❑ IA ❑ IB ❑ IIA ❑ 1IB ❑ 111 A ❑ 111 B ❑ 1V ❑ VA ❑ VB See Instructiol E E.6. Is Structure in a Flood Zone: No ❑ Unknown ❑ Yes, additional form required. See Instructiot E.7. Is Structure Fire Sprinkled: $KN0 ❑ Yes Q E.8. Type of Water Supply: ❑ Collier County ❑Well ❑CityofNaples []AveMaria ❑City of Everglades ❑Immokalee ❑Other E.9. Type of Sewage Disposal: ❑ Sewer ❑ eptic E.10. Vegetation Removal: ❑ Yes Wo A Vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acre. E.11. Private Provider: ❑ No 0Yes ❑ Plan Review & Inspections Inspections Only U E.12. Threshold Building: No ❑ Yes Q E.13. Repairs from Disaster Event: RNo ❑ Yes Name of Disaster Event: E.14. Change of Occupancy: R'No ❑ Yes E.15. Is this a Permit by Affidavit: ❑ No ❑ Yes E.16. Subcontractors: Check All that Apply: ❑ Electrical ❑ Plumbing ❑ Mechanical ❑ Roofing ❑ Septic ❑ Electric from hous, Section F. Area of • Total Number of Stories: O hL Floor (Story) work is being performed on: of?t, # Bedrooms: -.� # Bathrooms:..' Living /Int. Sq. Ft.: Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: q, app Total Sq. Ft.: q, rj(DC7 PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY PMR Date: Days Review: Sets of Plans: PAGE 2 1.2020 Packet Pg. 64 3.B.b Co %(rCounty BUILDING PERMITAPPLICATI0 Growth Management Department 2800 North Horseshoe Drive, Naples, FL 34104 (239) 25221 Perm ittingDept@colliercountyfl.c Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that rr be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Managem( District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair t landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professior advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belc ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler system landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mu be obtained from the Growth Management Department. NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleare Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followir zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Speci; Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the propert State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for addition, information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is nc a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation, CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, certit that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulatin construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement o construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER OF AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of IN is issued. By signing this permit applications, 1, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application tc provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review c Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. I, THE OWNER OR AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furthermore I, THE OWNER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property. Job Street? n O p -%?V l / C Signature of 9(vner or Agent of original signature is required) State of r 10 r I Ja— County of eL17,g i ( I (_ _ Print Name of Owner or Agent of Owner The foregoing instrument was acknowledged before me by means of Wphysical presence or ❑ online notarization this -0C{0illo 0'_ , 20 b r day of y (printed name of owner or agent of owner) �-a (i m (C J_..(� t r''�� � Such person(s) Notary Public must check applicable box: WAre personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification, Notary Signature: R Notary Public State of Ftonda Janette Marie Clotvvorthy WY My Commission HH 134184Expires Ot3/27/2025 NOTICE OF COMMENCEMENT INF RMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner and a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or -eplacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to he first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In )rder to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection iepartment. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any )they means such as a certified copy with the issuing authority. d c R d O E tt1 A Ito rn co M O 0 0 M N O N J d 0 O N 0 O M v .Q a E as d c a� t Q c m t U r Q NARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE :OR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR JOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE 'HE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. wilding Permit Application 7.2022 Packet Pg. 65 3.B.b Collier County BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-24F me GrovAh Managent Department PermittingDept@colliercountyfl.g( Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that m; be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Manageme District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair tl landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek profession advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or belc ground, within any right of way or easement reserved for access, drainage or utility purposes, This restriction specifically prohibits fencing, sprinkler systerr landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose mu be obtained from the Growth Management Department. NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleare Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the followil zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Speci Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the proper State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for addition information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is ni a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures locate in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not perform( any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in th jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The pern application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure cann be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the proper owner to provide contra ing services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Divisie should I no longer b E QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of th permit does 2dww", mpt m�e from /complying �jwith all County Codes and Ordinances. Job Stree / �G / '�! , `x, (An orip4al signature is required) Print Name of Quar 'er IV State of ` ' Or f C' �' County of 4-2 I) I LPG The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization this day of her_ , 20 j�U, by (printed name of qualifier) 0 M 6 f- r V Pe iiG—`1—+5 i<y Su person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license ❑ Has produced Notary Signature: as identification. Notary Public State of Florida `f. Janette Marie;Clotworthy hA' t&iimi'i alon HH 134184 ++�� �F° Expires 06/2712025 NOTICE OF COMMENCEMENT INFaKMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owneran( a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. m c tv d O E M 0 co M O 0 0 M N O N J a co 0 N 00 a O r ets to CL E III. m E s Q C m t U cc Q WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICI FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUI. NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Packet P 66 Building Permit Application 7.2022 g 3.B.c Attachment 2 Private Provider Package from Naples Design and Consulting, Inc. m c R �L as Lo E M U a� M O O O M N O N J d O O N W N d R Y V M d L 0 L a. a� M 1L a. r a Packet Pg. 67 3.B.c C lCT Ci014nty 2800 North Horseshoe Drive, Naples, FL 34104 Growth Management 239-252-2400 Community Development Department wviw.CollierCountyFL.gov Building Plan Neview&Inspection Division PROVIDERPRIVATE Project Name: af CO I 5l/�q fSrG 1 /r'. I I QQ lt5, FL Parcel Tax ld: 3 O a Z 30 O coo Services to be provided: = Plan Review and/or = Inspections = utilizing inspections as determined by Collier County Note; If the notice applies to either private plan review or private inspection services, the Building Official may require, at his or her discretion, the private provider be used for both services pursuant to Section 553.791(2) Florida Statute. If private provider plan review is performed, all required inspections must also be performed by the private provider. All Electrical Service (Temporary Power), (503, 504 & 505) Electrical Inspections will be completed by Collier County Electrical Inspector's and notation to all serving utilities will only be made by the Collier County Building Review Staff, once approved. Latorrne-,- - , the fee owner, affirm I have entered into a contract with the Private Provider, indicated below, to conduct the services indicated above. This notice is valid for the life of the primary permit. Private Provider Firm: NAPLES DESIGN AND CONSULTING, INC. Private Provider Name: SANDEEP S DASARI, BU 1785, All Rights Reserved Without Prejudice Address: Telephone: (239) 777-3190 Fax: Email Address. admin@ndcnaples.com Florida License, Registration or Certificate #: BU1785 Optional: I acknowledge this Notice to Building Official can be applied to subsequent permits associated with (initials) the primary permit for the above referenced Parcel Tax I The following documents are to be submitted with building permit application, as required: Forms approved by the Building Official are provided as part of this package. Forms provided in this package must be used on each occurrence of the event identified by the forms. No substitute forms will be accepted. 1. Letter of Acceptance on company letterhead from private provider stating services provided to fee owner. 2. Inspection Checklist, for all trades (4 pages), if not using County selected inspections. 3. Plan Compliance Affidavit, signed & notarized, if Private Provider is providing plan review. 4. Spot Survey Affidavit, signed & notarized, if spot survey required. 5. General Contractor Spot Survey Affidavit, signed & notarized, if spot survey is required. 6. Private Provider must submit signed and sealed plans when required by the Florida Building Code per Collier County Building Blocks/Bulletins for the type of construction or project being built. notice to building orficial_8-15-22 Packet Pg. 68 3.B.c Wr Collier County Growth Management Community Development Department Building Plan Review & Inspection Division 2800 North Horseshoe Drive, Naples, FL 34104 239-252-2400 www.CollierCc)untyFL.gov I have elected to use one or more private providers to provide building code plans review and/or inspection services on the building or structure that is the subject of the enclosed permit application, as authorized by s. 553.791, Florida Statutes. I understand that the local building official may not review the plans submitted or perform the required building inspections to determine compliance with the applicable codes, except to the extent specified in said law. Instead, plans review and/or required building inspections will be performed by licensed or certified personnel identified in the application. The law requires minimum insurance requirements for such personnel, but I understand that I may require more insurance to protect my interests. By executing this form, I acknowledge that I have made inquiry regarding the competence of the licensed or certified personnel and the level of their insurance and am satisfied that my interests are adequately protected. I agree to indemnify, defend, and hold harmless the local government, the local building official, and their building code enforcement personnel from any and all claims arising from my use of these licensed or certified personnel to perform building code inspection services with respect to the building or structure that is the subject of the enclosed permit application. I understand the Building Official retains authority to review plans, make required inspections, and enforce the applicable codes within his or her charge pursuant to the standards established by § 553.791, Florida Statutes. If I make any changes to the listed private providers or the services to be provided by those private providers, I shall, within 1 business day after any change, update this notice to reflect such changes. The building plans review and/or inspection services provided by the private provider is limited to building code compliance and does not include review for fire code, land use, environmental, FEMA requirements or other codes. Check ONE Section Below INDIVIDUAL CORPORATION PARTNERSHIP Name of Individual or Fee Owner, Corporation, or Partnership: J*Z�. Lc? GUrerne-, . Address: o4: amone. fir^ 0= z- az{ w? Name of Agent, Authorized Signatory: Phone: Signature: 7/ — TO72 State of 1" I orb C'oL, Countyof ZO/1/rr ` TTh1eeforegoinginstrumentwasacknowledgedbeforemebymeansofOphysicalpresenceor(Donlinenotarizationthis J day of C,[ 406c' 20 RR' by (printed name of owner or qualifier) -:J-ctm 1 r. Such person(s) Notary Public must check applicable box: VAre personally known to me yam„ fM Has produced a current driver's license 40t,4 y Public State of Florida Has produced as identification. 'my a Marie clotworthy <V a My Commission HFi 134184 NotarySignature:a,Fte Expires 06/27,12025 notice to building official_8-15-22 Packet Pg. 69 3.B.c CiO Y Ci074Hty 2800 North Horseshoe Drive, Naples, FL 34104 Growth Management 239-252-2400 Community Development Department www.CollierCou252-2400 Budding Plan Review & Inspection Division PROVIDERPRIVATE • p•Affidavit Name of Project Owner: NOTICE TO PRIVATE PROVIDER It is the responsibility of the Private Provider and Contractor to ensure that a spot survey & elevation certificate is provided to this department in a timely manner. Per the direction of the building official, no Inspection activity Is allowed after the slab inspection has been PASSED, until a spot survey & under construction elevation certificate has been submitted to and approved by Collier County. Private Provider/Contractor must notify Collier County within 48 hours of passing slab inspection. Notification is to include date of approval. No further construction activity will occur until the survey and elevation certificate are approved and conditions resolved. Upon completion of the project, a final elevation certificate or flood proofing certificate & final survey must be submitted to this department in order to receive a CO (certificate of occupancy). I understand that I am subject to enforcement action by this department if the above directives are not adhered to in the time frames specified in this affidavit. I also understand that any permit issued by Collier County Building Plan Review and Inspection Division pursuant to this affidavit holds the Private Provider and Contractor responsible for maintaining compliance with this policy. Parcel Tax ID: 9 E'7'E Soo D a'o& Private Provider Name: SANDEEP S DASARI License #: All ngths reserved. WithoutPrejudice. Private Provider Signature: ou BU1785 State of f l' uyiJ{ Countyof (N Th foregoing instrument was acknowledged before me by means of �,"physsi"calpresence or (D online notarization this —day �r� day of - , ud- 20 by (printed name of owner or qualifier) -*wwurAp S OaSC r-j Such erson(s) Notary Public must check applicable box: Are personally known to me ...... :e^.r".'t LINDASUELUEBBE Has prcxluced acutrenldriver'slicense ;;Al. F•; Bs identification, �Commission # HH 016543 Has produced _ ;' Expires July 18, 2024 Bonded Tlvu T Insurance 800a&7019 Notary Signature: � "^••�^ Troy Fain private provider spot survey atTidaviog• 15.22 1 Air i Packet Pg. 70 3.B.c Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Fl- 34104 239-252-2400 Building Plan Review & Inspection Division .g— PRIVATE PROVIDER• • Spot Survey Affidavit Name of Project Owner: —J 17M ; C - L P w r-rn r,-- NOTICE TO GENERAL CONTRACTOR It is the responsibility of the Private Provider and Contractor to ensure that a spot survey & elevation certificate is provided to this department in a timely manner. Per the direction of the building official, no Inspection activity is allowed after the slab inspection has been PASSED, until a spot survey & under construction elevation certificate has been submitted to and approved by Collier County. Private Provider/Contractor must notify Collier County within 48 hours of passing slab inspection. Notification is to include date of approval. No further construction activity will occur until the survey and elevation certificate are approved and conditions resolved. Upon completion of the project, a final elevation certificate or flood proofing certificate & final survey must be submitted to this department in order to receive a CO (certificate of occupancy). I understand that I am subject to enforcement action by this department if the above directives are not adhered to in the time frames specified in this affidavit. I also understand that any permit issued by Collier County Building Plan Review and Inspection Division pursuant to this affidavit holds the Private Provider and Contractor responsible for maintaining compliance with this policy. Parcel Tax ID: O ; v 3 000vo 6 General Contractor Name: El 1 "fG�011�%rU[^NQ/1 OFF License I a&�9 $5 Signature of Qualifier or Authorized Repress Stateof, f—/Ot—� ei�L Countyof C'r— The foregoing instrument was acknowledged before me by means of Z physical P�Wsenceor(D online notarization this -s day of llC�0bC4— 20�aby(printed name ofowner orqualifierTPfti r� -J,9-a S�succh�person(s) Notary Public must check applicable box: 2t rre personally known to me ® Has produced a cu17•ent drivel's license eY °P,Notary Public State of Florida Has produced ntification. JarldM Marie Clotworthy yP My Commission HH 134184 Y,,') Expires O6/27/2025 NotarySignature: general contractor spot survey of iidavit[I8-15-22 Packet Pg. 71 3.B.c COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT BUSINESS CENTER 2800 N. Horseshoe Drive, Naples FL 34104 I Phone (239) 252-2400 Initial Incomplete Notice Incomplete Initial Submittal Notice October 11, 2022 Janette Clotworthy RE: Permit Number: PRCP20221046220 Description: NEW ALUM STRUCTURE SHED/CARPORT ADDED TO PROPERTY, DETACTED FROM HOME. 5261 Sycamore DR, Naples, Single Family A sufficiency review of the submittal package for the above referenced application indicates the following items are deficient. These items will need to be submitted as soon as possible so that we may continue to process your application: Reviewed By: Maria Becerra Phone: (239) 252-2935 Email: Maria.Becerra@colIiercountyfl.gov 1. Application Form - CLARIFY IF THIS IS A OWNER BUILDER OR CONTRACTOR PERMIT. 2. Site Planning Document - UNABLE TO VERIFY DIGITAL SIGNATURE. "PLEASE BE ADVISED, CHANGING THE NAME OF THE ORIGINAL DOCUMENT ADDING OR EXTRACTING PAGES AFTER THE DOCUMENT HAS BEEN DIGITALLY SIGNED WILL MAKE THE DIGITAL SIGNATURE DISAPPEAR OR INVALID" Private Provider Package - PROVIDE THE PRIVATE PROVIDER PACKAGE. to�2-z- 101131zz- A final sufficiency review for permit application PRCP20221046220 has been completed and deemed insufficient. Failure to respond to this notice within 7 calendar days will result in a Final Incomplete Notice that allows for an additional 7 days to respond. Failure Packet Pg. 72 viz REAR LOT LINE Z J 3 � Po 0 e. _ eon CAHItt Alchited )00 ilON.w A .)N rrI'���� 11�� MPbi Pl3i108 Attachment 3 - Ap -------------------- -------------------- MEN :i u:1i1i,u:::':11::- —I AIA o . 43959]d466 � sn. zrr�vr Site Plan 01192023 II k, kum jog 4 d� 20� w SURVEY SKETCH OF ASBUILT SURVEY THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP. FINAL ON 80' X 50' BUILDING ADDITION COPYRIGHT 2023, F.L.A. SURVEYS CORP. ELEVATIONS SHOWN ARE IN NAVD DATUM, WERE ACQUIRED USING GPS TECHNOLOGY AND PAGE 1 OF 3 HAVE A TOLERANCE OF +/- 0,4' lill" NOT FOR FENCE CONSTRUCTION SEE REVERSE SIDE FOR PAGE 3 OF 3 NOT FOR ENGINEERING DESIGN Attachment 4 - May 12, 2023 Survey NOT FOR CONSTRUCTION NOT FOR DESIGN Submitted with Variance Application IMPROVEMENTS OTHER THAN THOSE SHOWN, IF ANY, WERE NOT LOCATED 12 v N N STREET ADDRESS ¢ v W E 5261 SYCAMORE DR NAPLES, FL }- N.89'40'50'6. 150,00' (P) 1` S89'31'28'W. 150,00' (G) M89.411391E. 150.12' CN) aa, SCALE 1' = 100' FIR 5/8 .31 ILLEG 38. ' 414 FIR 518 70.5'; NO ID 10'/,.5' 50.0' 29.4' 31.9' �91�V 126.6 79' �Jti 35.0' V7� DETAIL 'A' 80' X 50' BUILDING IN PLACE 12.8, NOT TO SCALE ELEVATION = 14.0' NA VD mu® h AD F. Dy 7 � RTIFlCATD U 9t.6' Na 3e59 d�f h7 Z f�4 SLR£A�ENED Lo Opp h Z 0 39.6' ro E�. I C S p `D M q�0 COCA D P➢OL ENI/!P. Q`" sr �`�rogTE 4i31 W ;i3(.i u Rt9 ofFEO y "lAC oiU iti N Ri o #5P61 avE TORY S SURVEYS p�Cyc 5.3`� M^ P RES RESIDENCE A/C DN COVC. 22 Z — 1' Z 9 .0'- 2 2 9 COVERED 4i ENTRY ASPHALT DRIVEWAY DEATIL 'A' FIR 518 NO ID FIR 5/8 ILLEG 0.1' Leland Digitally signed Q ^ - IGHT OF WAYS by Leland N89'40'50'W. W S.89'31'28'W. 1520,00' (P) 1520,00, (G) � ON � ------ 30' ROADWAY EASEMENT DySar DySard,P.L.S S89'32'03'W. -----3' CC) _-_ _EN -_- _ CENTERLINES Date: FPK&D NOT SET S89.3020- E 149.81' (M) NOT SET 2023.05.15 Z O W I #6897 OR FOUND M89'31'28 E. 150.00' (G) OR FOUND d/ P . L. S I I :32:30-04'00' `z O @p,I S89'40'50E. I50.00' (P) I BLOCK TIE SYCAMORE DR (FIELD) 8TH AVE SW (PLAT) (60' ROW) PLAT BOUNDARY NOTE, BOUNDARY INFORMATION AND OTHER CERTIFIED TO IMPROVEMENTS SHOWN WERE TAKEN JAMIE LAWRENCE CROWN OF ROAD ELEVATION = FROM BOUNDARY SURVEY BY THIS FIRM DATED 11/03/2022 121' NAVD LEGAL DESCRIPTION : THE EAST 150 OF TRACT 45 GOLDEN GATE ESTATES UNIT NO. 32, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 21 AND 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MEASURED BEARINGS SHOWN ARE BASED ON STATE PLANE COORDINATES (FLORIDA EAST ZONE) AS ACQUIRED BY USING GPS TECHNOLOGY AND IS THE 'BASIS OF BEARINGS: MEASUREMENTS LABELED AS (G) ARE THE CALCULATED GPS PLAT BEARINGS. CERTIFICATION : I HEREBY CERTIFY THIS SURVEY WAS MADE UNDER MY RESPONSBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS CHAPTER 5JIZ05-052, FLORIDA ADMINSTRATIVE CODE, PURSUANT TO 0 25 50 la0 zoo GRAPHIC SCALE SECTION7p472.027 FLORIDA STATUTES. BY : ___ � ,1� --_ --- -- SURVEY DATE : _ 05111/2023 CLINTON W. FINS PE, CFM, PLS #2453 LELAND F. DySARD, PLS #3859 MARY E. FINSTAD, CFM, PSM #5901 QUALITY CONTROL NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL BY ;_MEF _____ _ DAB ;__05112/2023 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. FLORIDA STATUTE 5J-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION NOTE, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION NOTE, IF APPLICABLE FENCES SHOWN MEANDER ON OR OFF LINES. (APPROX LOCATION ONLY) 3884 PROGRESS AVE., SUITE 104 NOTE, NAPLES, FL 34104 IN COMPLIANCE WITH F.A.C. 5J-17052 F.L.A. SURVEYS CORP. (2) (d) (4) (IF LOCATION OF PROFESSIONAL LAND SURVEYORS & MAPPERS -LB 6569 239-404-7129 239-250-5730 239-250-2795 239-370-1139 EASEMENTS OR RIGHT-OF-WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS REQUIRED, THIS 9220 BONITA BEACH ROAD, STE 200 INFORMATION MUST BE FURNISHED TO DRAWN BY: ES PARTY CHIEF: I DD BONITA SPRINGS, FL 34135 THE SURVEYOR AND MAPPER. REVISIONS PROJECT NO 23-88252— Packet Pg. 74 3.B.e SURVEY SKETCH OF BOUNDARY SURVEY NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN NOT FOR ENGINEERING DESIGN PHOTO PAGE 4r PAGE 2 OF 3 7 3884 PROGRESS AVE., SUITE 104 F.L.A. SURVEYS CORP. NAPLES, FLORIDA 34104 REVISIONS PROFESSIONAL LAND SURVEYORS & MAPPERS - LB 6569 9220 BONITA BEACH ROAD, STE.. 200 BONITA SPRINGS, FLORIDA 34135 PROJECT NO. DRAWN BY: LFD IPARTY CHIEF: N/A 23-88252-3 d V C R •L R 0 E 0 V 4m to M O O O M N O N J a co O N co N Packet Pg. 75 3.B.e PAGE 3 OF 3 88. PSM= PROFESSIONAL SURVEYOR AND MAPPER 89. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT NOT VALID WITHOUT PAGES 1 90. PUE = PUBLIC UTILITY EASEMENT AND 2 OF 3 91. PT = POINT OF TANGENCY GENERAL NOTES 92. PVS=PAVERS 93. Q.W.P.E. = QUAIL WEST PERPETUAL EASEMENT ABSTRACT NOT REVIEWED 94. (R)=RADIAL y 95. R=RADIUS V N = NORTH 96. RING = ITEM DETECTED BY METAL DETECTOR BUT = S = SOUTH NOT RECOVERED •L E=EAST 97. RNG=RANGE lQ W = WEST, OR ANY COMBINATION THEREOF 98. ROW = RIGHT-OF-WAY 1. 2. -DEGREES DEGREES ` = MINUTES WHEN USED IN A BEARING 99. RR SPK = RAILROAD SPIKE 100. SAT= SATELLITE DISH L 3. "= SECONDS WHEN USED IN A BEARING 101. SDE = STREET DRAINAGE EASEMENT O 4. ` = FEET WHEN USED IN A DISTANCE 102. SEC = SECTION E 5. "= INCHES WHEN USED IN A DISTANCE 103. SDH = SET DRILL HOLE, NO ID 6. f = "MORE OR LESS" OR "PLUS OR MINUS" 104. SIR = SET 5/8" IRON ROD WITH LB (� 7. A = ARC DISTANCE NUMBER OF CORPORATION 8. AC = ACRES 105. SPK&D = SET PK WITH DISC WITH LB NUMBER 9. A/C = AIR CONDITIONING PAD 106. TBM TEMPORARY BENCH MARK p 10. AE = ACCESS EASEMENT 107. TEL = TELEPHONE FACILITIES �D 11. AF = ALUMINUM FENCE 108. TOB = TOP OF BANK Cl) 12. AMUE = AVE MARIA UTILITY EASEMENT 109. TP = TRANSMITTER PAD p 13. BE. =BUFFER EASEMENT 110. TWP=TOWNSHIP p 14. BM = BENCHMARK 111. UE = UTILITY EASEMENT p 15. BOB = BASIS OF BEARING 112. VF = VINYL FENCE Cl) 16. BRG=BEARING 113. VLV=VALVE p 17. C#=CURVE NUMBER 114. W=WATER SERVICE N 18. C = CALCULATED 115. WB = WATER BOX J 19. CB = CATCH BASIN 116. WF= WOOD FENCE d 20. CHB=CHORD BEARING 117. WPP=WOOD POWER POLE .. 21. CHI) = CHORD 118. A = DELTA OR CENTRAL ANGLE OF CURVE 00 22. CLF = CHAINLINK FENCE 119. DIMENSIONS ARE IN FEET AND IN DECIMALS p 23. CM = CONCRETE MONUMENT THEREOF N 24. CO=CLEAN OUT 120. ELEVATIONS SHOWN HEREON ARE N.A.V.D. UNLESS p 25. COL=COLUMN OTHERWISE STATED .N.. 26. CONC = CONCRETE 121. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT 27. CPP = CONCRETE POWER POLE DIMENSIONS ARE FOR INFORMATIONAL PURPOSES r 28. CSW = CONCRETE SIDEWALK ONLY. THAT THEY DO EXIST, BUT WERE NOT O 29. 30. CTV=CABLE TV RISER CUE= COLLIER COUNTY UTILITY NECESSARILY MEASURED IN THE FIELD. 122. NOTE: LEGAL DESCRIPTION IS FROM LATEST DEED O - EASEMENT OF RECORD UNLESS OTHERWISE NOTED. . 31. D = DEED 123. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER 5 32. DE= DRAINAGE EASEMENT RECORDED PLAT OR AS FURNISHED BY THE CLIENT 33. DH = DRILL HOLE 124. FOUNDATION LINE BELOW THE SURFACE OF THE 34. DI = DROP INLET GROUND IS NOT REFLECTED M 35. ELEC= ELECTRIC 125. THIS SURVEY IS NOT TO BE USED FOR N 36. 37. EOP=EDGEOFPAVEMENT FOR = EDGE OF ROAD CONSTRUCTION PURPOSES UNDER ANY CONDITION UNLESS OTHERWISE STATED N 38. EOW = EDGE OF WATER 126. NO UNDERGROUND INSTALLATIONS OR r 39. F= AS LABELED OR FOUND IN THE FIELD IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS L0 40. F.A.C. = FLORIDA ADMINISTRATIVE CODE NOTED i 41. FCC = FOUND CROSS CUT 127. NO INSTRUMENTS OF RECORD REFLECTING O 42. FCM = FOUND CONCRETE MONUMENT EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP 43. FEMA = FEDERAL EMERGENCY WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN V MANAGEMENT AGENCY 128. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT .Q 44. FDH = FOUND DRILL HOLE THOSE AS DELINEATED ON THIS PLAT OF SURVEY 45. FIE = FINISH FLOOR ELEVATION 129. TIES ARE TO FIELD LINES UNLESS OTHERWISE Q 46. FH = FIRE HYDRANT NOTED Q 47. FIP = FOUND IRON PIPE 130. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR O 48. FIR = FOUND IRON ROD EASEMENTS THAT ARE NOT RECORDED ON SAID V 49. FN = FOUND NAIL PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS O 50. FND = FOUND OF THIS COUNTY 1C 51. FN&D = FOUND NAIL & DISC 131. FENCES MEANDER ON AND OFF LINE, APPROXIMATEi 52. FPK = FOUND PK NAIL LOCATION ONLY UNLESS STATED OTHERWISE. R 53. FPK&D = FOUND PK NAIL AND DISC 132. THE LINES ON THIS SKETCH DO NOT CONSTITUTE i 54. GCE = GOLF COURSE EASEMENT OWNERSHIP t 55. HCP = HANDICAP PARKING 133. THE INTENT OF THIS SURVEY IS FOR TITLE 56. IE = IRRIGATION EASEMENT TRANSFER ONLY UNLESS STATED OTHERWISE 57. LB = LICENSED BUSINESS 134. FLORIDA STATUTE 61G17-6.004: TWO SITE .a 58. LBE = LANDSCAPE BUFFER EASEMENT BENCHMARKS ARE REQUIRED FOR CONSTRUCTION. y 59. LE = LANDSCAPE EASEMENT 135. THIS SURVEY DOES NOT REFLECT OR DETERMINE r 60. LME = LAKE MAINTENANCE EASEMENT OWNERSHIP. •E 61. LP = LIGHT POLE 121. F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE 62. M = MEASURED PRODUCT WAS NOT DESIGNED TO MAKE PRECISE 63. ME = MAINTENANCE EASEMENT IN/OUT FLOOD RISK DETERMINATIONS. THIS 3 64. MH = MANHOLE PRODUCT IS NOT SUITABLE FOR ENGINEERING y 65. N.A.V.D. = NORTH AMERICAN VERTICAL APPLICATIONS AND CANNOT BE USED TO >% DATUM DETERMINE ABSOLUTE DELINEATIONS OF FLOOD ; 66. N.G.V.D. = NATIONAL GEODETIC VERTICAL BOUNDARIES. CALL 1.877-FEMAMAP OR EMAIL A L DATUM MAP SPECIALIST AT W W W.FEMA.ORG/NHT/TSD/FO- 3 67. NO ID = NO IDENTIFYING MARKINGS MAP17.HTM. (n 68. (NR) = NON -RADIAL 137. PROPERTY OWNER SHOULD OBTAIN WRITTEN 1 69. NTS= NOT TO SCALE FLOOD ZONE DETERMINATION FROM LOCAL 70. OHP= OVERHEAD POWER PERMITTING, PLANNING AND BUILDING r + 71. OHU = OVERHEAD UTILITY LINE DEPARTMENT PRIOR TO ANY CONSTRUCTION C 72. O.R. = OFFICIAL RECORD BOOK PLANNING AND/OR CONSTRUCTION O 73. O/S = OFFSET 138. IN COMPLIANCE WITH F.A.C. 61G17-6.0031(4) (E) - IF E 74. P = PLAT LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF t 75. PBIDDE = PELICAN BAY IMPROVEMENT RECORD, OTHER THAN THOSE ON RECORD PLAT, IS DISTRICT DRAINAGE EASEMENT REQUIRED, THIS INFORMATION MUST BE yr 76. PC = POINT OF CURVATURE FURNISHED TO THE SURVEYOR AND MAPPER. }' Q 77. PCC POINT OF COMPOUND CURVATURE 139. IF APPLICABLE, FENCES SHOWN MEANDER ON OR 78. PCP = PERMANENT CONTROL POINT OFF LINES (APPROXIMATE LOCATION ONLY) 79. PG = PAGE 140. ARCHITECTURAL FEATURES, SUCH AS FURRING C 80. PI = POINT OF INTERSECTION STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE 4) 81. PK = PARKER KALON NAIL THE LINE OF THE STRUCTURE HAVE BEEN TAKEN 82. PLS = PROFESSIONAL LAND SURVEYOR INTO ACCOUNT WHEN GIVING TIES FROM THE i 83. POB = POINT OF BEGINNING STRUCTURE TO THE LOT LINES. 84. POC = POINT OF COMMENCEMENT 141. ATTENTION IS DIRECTED TO THE FACT THAT THIS r+ 85. PP =POWER POLE SURVEY MAY HAVE BEEN REDUCED OR ENLARGED Q 86. PRC = POINT OF REVERSE CURVE IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE 87. PRM = PERMANENT REFERENCE TAKEN INTO CONSIDERATION WHEN OBTAINING MONUMENT SCALED DATA. Packet Pg. 76 3.B.f Attachment 5 Letters of No Objection m C as L O E M M O r O O M N O N J a 00 O N O N C O v N 0 O Z 4- 0 N L d d J LO C N E M V R r r� Q C N E M V cC Q Packet Pg. 77 3.B.f 0 UAVIL?SIDUKE 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Tyler C. Norton Living Revocable Trust 5300 Tamarind Ridge Dr. Naples, FL 34119 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Trustee: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. 1, as Trustee of the Tyler C. Norton Revocable Living Trust, residing at 5300 Tamarind Ridge Dr., do not object to the current location of the garage on the property located at 5261 Sycamore Dr. eigafture Name Date Packet Pg. 78 3.B.f 141S Panther Lane, Suite 442 Naples, FL 34109 I)AVIL;Si DU1<L Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Jack Segerdahl Lyette Segerdahl 5281 Sycamore Dr. Naples, FL 34119 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Mr. and Ms. Segerdahl: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance request. Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I, Jack Segerdahl, residing at 5281 Sycamore Dr., 1, Lyette Segerdahl, residing at 5281 Sycamore _ do not object to the current location of the garage Dr., do not object to the current location of the on the property located at 5261 y more Dr. garage on the property loc ted at 5261 Sycamore Q Si nature t A ISi to Print Name Z �U Z� Print me Date Date Packet Pg. 79 3.B.f 0 L)AVIES!DUKE Maria Yrene Poklemba 5253 Sycamore Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261, vcamore Dr., Naples, FL 34119 Dear Ms. Poklemba: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I, Maria Yrene Poklemba, residing at 5253 Sycamore Dr., do not ohject to the current location of the gage on the property located at 5261 amore Dr., Naples, FL 34119. Prinf Ne 47 Date Packet Pg. 80 3.B.f 0 1)AVI1iSIDUKI-" Jon Ebert Vivian Ebert 5270 Tamarind Ridge Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261 Sycamore Dr., Naples, FL .34119 Dear Mr. and Ms. Ebert: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. 1, Jon Ebert, residing at 5270 Tamarind Ridc;e 1, Vivian Ebert, residing at 5270 Tamarind Dr., do not object to the current location of the Ridge Dr., do not object to the current location of garage t e pro y cated at 5261 Sycamore the garage on the property located at 5261 Dr. _ Sycamore Dr. Signa 7 & Print Name Z� -- Date [7 �v Signature Print Name Date Packet Pg. 81 3.B.f 0 D A V I E S I D U K E Charles Sauer Kristine Sauer 5250 Tamarind Ridge Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Mr. and Ms. Sauer: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I; Chimes Sauer, residing at-5250-Tamarind -Tirisfine Sauer, residing at 5250 Tamarind Ridge fir., do not object to the current location Ridge Dr., do not object to the current location of of the garage on the property located at 5261 the garage on the property located at 5261 Sycamore Dr. Sycamore Dr. �+ P ® A I"A , IP\1 ee ,r1, 61 Print N i e ®7 3v Z-s Date S Print Namme I//, Date Packet Pg. 82 3.B.g Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Name of Property Owner(s): Lawrence, Jamie & Carol Name of Applicant if different than owner: Jamie Lawrence c/o Noel J. Davies, Esq., Davies Duke, PLLC Address:1415 Panther Lane, #442 City: Naples State: FL ZIP: 24109 Telephone: 239-216-2792 Cell: E-Mail Address: Noel.Davies@DaviesDuke.com Fax: Name of Agent: Noel J. Davies, Esq. Firm: Davies Duke, PLLC Address:1415 Panther Lane, #442 City: Naples State: FL ZIP: 34109 Telephone: 239-216-2792 Cell: Fax: E-Mail Address: Noel.Davies(@DaviesDuke.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. a� U �L a� 0 E W U U) rn co M O O O M N O N J d O O N 00 4/27/2018 Pa Packet Pg. 83 3.B.g Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier,eov.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: 38283000006 Section/Township/Range: 9 / 49 / 26 Subdivision: Golden Gages Estates Unit 32 Unit: Lot: Block: Metes & Bounds Description: Please see attached Warranty Deed Total Acreage: 2.27 Address/ General Location of Subject Property: 5261 Sycamore Dr., north of Pine Ridge Rd.. East of Logan Blvd. S. ADJACENT ZONING AND LAND USE Zoning Land Use N Estate E (Agricultural) S Residential E Estate E (Agricultural) Residential W Estate E Agricultural) Residential Minimum Yard Requirements for Subject Property: Front:75 ft Corner Lot: Yes ❑ No X❑ Side: -4n ft Waterfront Lot: Yes ❑ No X❑ Rear: 75 ft 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 Pa Packet Pg. 84 3.B.g Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: N/A Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Pa Packet Pg. 85 3.B.g Gorier County 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 reasonable 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 preserves, 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? ❑ Yes X❑ No If yes, please provide copies. 4/27/2018 Pa Packet Pg. 86 3.B.g Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. 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. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑Li Pre -Application Meeting Notes 1 ❑ Project Narrative ❑ ❑ Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24" x 36" and one 8 %" x 11" copy ❑El Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized 2 ❑ ❑ Deeds/Legal's 3 ❑ Location map 1 Li ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 5 ❑ ❑ Historical Survey or waiver request 1 ❑Li Environmental Data Requirements or exemption justification 3 ❑ ❑ Once the first set of review comments are posted, provide the assigned planner the Property Owner Advisory Letter and Certification 1 ❑ ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑ ❑ 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. 4/27/2018 Pa Packet Pg. 87 3.B.g COLLIER COUNTY GOVERNMENT Gorier County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan ❑ Parks and Recreation: David Berra ❑Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart Other: ❑ FEE REQUIREMENTS Pre -Application Meeting: $500.00 Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 0 51h and Subsequent Review- 20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to 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. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Agent Noel J. Davies, Esq. Printed Name 08/16/2023 Date 4/27/2018 Pa Packet Pg. 88 �J 1415 Panther Lane www.DaviesDuke.com �LJ Suite 442 Offices: Naples, Bonita DAVIES DUKE Naples, FL 34109 Springs, Fort Myers Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com NARRATIVE STATEMENT 5261 SYCAMORE DR., NAPLES, FL 34119 VARIANCE PETITION APPLICA TION Please allow this document to serve as the Applicant's Narrative Statement for the above - referenced Variance Petition Application. Narrative This is a Variance Application for an after -the -fact variance from Section 4.02.0I.A. Table 2.1 Minimum Yard Requirements (Setbacks), from minimum side yard and minimum rear yard requirements for two accessory structures, a large garage and an open air/roof-only carport: 1. A large garage: a side yard variance from 30 feet to 29.4 feet. 2. A large garage: a rear yard variance from 75 feet to 38 feet. 3. An open air/roof-only carport: a side yard variance from 30 feet to 7.9 feet. This request is to allow the continued existence of a 50' x 80' steel structure with two 16- foot steel roll -up doors and a 31.9' x 31.9' shed at 5261 Sycamore Drive, Naples, Florida 34119, also known as The East 150 feet of Tract 45, Golden Gate Estates Unit No. 32, in Section 9, Township 49 South, Range 26 East, Collier County, Florida. The proposed and current uses of this structure is the storage of boats, jet skis, and four-wheel type vehicles. Specifically, this request is to allow the continued existence of a steel structure garage constructed 29.4 feet from the eastern property line and 38 feet from the northern property line. The condition was created as a result of an inadvertent mistake by the applicant, and the Applicant desires to reach compliance with the Code through the variance process. The subject request is for relief from (1) a side yard setback for an existing steel structure garage from 30 feet to 29.4 feet on the northeast corner of the subject property and (2) a rear yard setback from 75 feet to 38 feet on the northern property line (as depicted on the attached survey). Additionally, this request is to allow the continued existence of an open air/roof only carport constructed 7.9 feet from the western property line. The condition was created as a result of an inadvertent mistake by the applicant, and the Applicant desires to reach compliance with the Code through the variance process. The subject request is for relief from (3) a side yard setback for an existing open air/roof-only carport from 30 feet to 7.9 feet (as depicted on the attached survey). Packet Pg. 89 3.B.g NARRATIVE 5261 SYCAMORE DR., NAPLES, FL 34119 VARIANCE PETITION APPLICA TION Should the variance not be granted, the applicant would suffer undue hardship by having to relocate the subject structures. None of the abutting property owners object to this application and no harm would result from granting the subject request. The Applicant believes it meets the governing criteria set forth in Section 9.04.03 of the Collier County Land Development Code and Chapter 3.J. of the Collier County Administrative Code. Packet Pg. 90 aaouaeOAS 69£U00£ZOZ-1d : OOZ8Z) uoi}e;uauanoop do)13e8 s,;ueoilddV - 9;uauay3elIv :;uawLj3e;}-y x {4 tm -�'y'�..Z� t •'"� �•.i (�- y� '1°�.LJY'�,. � y�J.�..Ka .�• Z - r .. 4 � 4 `_r�.u~ r4.� }r1'� "�u � �- '"yk�?' 'S"!'3t � 4 +'�M�y '�"� �•. A�, '�'�; IF I �h � ". Ilk, . -mill W., WIT Ir ''IP r . � �f ` �� �i +ice � ^t �►` �' � ,�' ��t '� R,+-�- � i'�tl � : L :;:t '�: _ y � 3.B.g Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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: c Name and Address % of Ownership Jamie and Carol Lawrence, 5261 Sycamore Dr., Naples FL 34119 100%, tenants by the entirety If the property is owned by a CORPORATION, list the officers and stockholders and the 11=I LCI IIdrC UI �IIUI.R UWI ICU Uy Cdu I. Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership m M m L 0 E ca M O 0 0 M N 0 N J a co 0 N O N 01/2023 Packet Pg. 93 coter County 3.B.g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 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 erlerdl dflU/Vf 11FTIIIeQ pdrLners: 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: If any contingency clause or contract terms involve additional parties, list all individuals or LU g. Date subject property acquired Ur uuaL: Name and Address ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: a� v c c� �L �a L O E ca CO) co M O T 0 Q M N O N J a 00 0 N co N 01/2023 Packet Pg. 94 3.B.g County Co er 11.11 M;�'---* ---, One' ' -.,,,, "Xu,ex Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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, 1 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 I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Age t/Owner Sig re Jamie Lawrence Agent/Owner Name (please print) 08/03/2023 Date 01/2023 Page 3 0 Packet Pg. 95 3.B.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) VA-PL20230010369 - 5261 Sycamore Dr. (VA) I Jamie Lawrence (print name), as Owner (title, if applicable) of 5261 Sycamore Dr., Naples, FL 34119 (company, If applicable), swear or affirm under oath, that I am the (choose one) owner® applicant=contract purchaser❑and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Noel 1. Davies, Esc., Davies Duke, PLLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the Corp. pres. or v. pres. . If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in itaretrue. & ) (,,Signature Jamie Lawrence Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Qpriy isis cal presence or ❑ online notarization this i day of �d'f 20i3, by (printed name of owner or qualifier) Jamie Lawrence Such person(s) Notary Public must check applicable box: ❑ Are personally known to me Q'Has produced a current drivers license GL,f-5�Y � %j%/Cy �C� r*YP�:�•.: BRENDALOREN20•VALLE '4"` Notary Public - State of Florida ❑ Has produced �\ sJ4d tification. i� �P; Commission 8 HH 302394 My Comm. Expires Aug is, 2026 Notary Sign atre: � C P\08-C W-001 15\ 155 RLN* 3/4/2020 Packet Pg. 96 INSTR 5287877 OR 5292 PG 1715 RECORDED 7/11/2016 8:50 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $4,725.00 REC $18.50 CONS $675,000.00 3.B.g WARRANTY DEED THIS DEED, m and ade this 6 day of July, 2016, between ROBIN WICKER and PAOLA WICK[ ED tand Wife, Grantors and JAMIE LAWRENCE and CAROL LAWRENCE, Husband=and Wife, Grantees, respectively and whose post office address is 521 Sycamore Drive,aples, Fl. 34119. Grantors for and in ,cnideration of the sum of Ten dollars ($10.00), and other good and valuable consideration tcaicf Grantors in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has _granted, bargained and sold to the said Grantees, and Grantees heirs and assigns forever, thel"aowing described real property with tax identification number 38283000006 lying and being .i94oilier County, Florida, to wit: The East 150 feet of Trab(45:..' QIden Gate Estates Unit No. 32, according to the plat thereof recorded 40.IPlat Book 7, pages 21 and 22, of the Public Records of Collier County, Fj&ida. subject to restrictions, reservations art,eaments of record, and taxes for current and subsequent years. =.,`�, Grantors do hereby fully warrant the the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have year first above written. Signed, sealed and delivered in our presence: Witness Typed Name_ C.� l!x ' 'tj'� ` 0� Witne: Typed STATE OF FLORIDA COUNTY OF COLLIER land, and will defend the same against hand and seal the day and PAOLA WICKER Before me personally appeared ROBIN WICKER known to me personally or identified to me 9 OL/ , as the persons described in and who, after being sworn and under oath given by me, executed the foregoing instrument, and acknowledged to and before Packet Pg. 97 *** OR 5292 PG 1716 *** 3.B.g me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this STATE OF FLORIDA COUNTY OF COLLIER t Before me personally appea+ei me as �the under oath given by me, executed thi me that they executed said instrument Print Name: Seal: Commission day of , 2016. AOLA WICKER known to me personally or identified to �rs,�ns described in and who, after being sworn and oa`egoIng instrument, and acknowledged to and before fhg p,rposes therein expressed. WITNESS my hand and official seal r'PpB�n, HOLLY CHERNOFF MY COMMISSION # FF 160235 EXPIRES: January 1, 2019 Bonded Thru Notary Public wdemraers This instrument prepared by: Holly B. Chernoff, Esq. 3033 Riviera Drive, Suite 202 Naples, FL 34103 (239) 261-6560 hollychernoffmediation@gmail.com day of /� , 2016. / / Print Name. `,i' Seal: Commission No. a� c d `o E M Cn a� M O T 0 0 M N O N J a �o 0 N O Packet Pg. 98 SURVEY SKETCH OF ASBUILT SURVEY FINAL ON 80' X 50' BUILDING ADDITION ELEVATIONS SHOWN ARE IN NAVD DATUM, WERE ACQUIRED USING GPS TECHNOLOGY AND HAVE A TOLERANCE OF +/- 0,4' NOT FOR FENCE CONSTRUCTION NOT FOR ENGINEERING DESIGN NOT FOR CONSTRUCTION NOT FOR DESIGN IMPROVEMENTS OTHER THAN THOSE SHOWN, IF ANY, WERE NOT LOCATED NAPLES, FL FIR 5/8 ILL£G 80' X 50' BUILDING IN PLACE ELEVATION = 14.0' NAVD AD F. DYsu V�crRTIFlc,- AG 3B 9 OQ ^ OOC �,��tg� � OF FIDRty�1d� l�'1MC SURVEY �RI1�`t of � moo 22Z W 3 THE LINES ON THIS SKETCH DO NOT CONSTITUTE COPYRIGHT 2023, F.L.A. SUR 3'B'g PAGE 1 OF 3 SEE REVERSE SIDE FOR PAGE 3 OF 3 10 '40'50'W. 150,00' (P) '31'28'W. 150.00' (G) 7.41'39'E. 150.12' CM) as, .3' ^ � 12 W E S LI SCALE 1' = 100' 38. ' 414' FIR 5/8 5 NO ID 104.5' 50.0' 29.4' 31.9' �91�V 26.6 350' covERED sTDRA¢ 9 DETAIL 'A' NOT TO SCALE DeR® h a 24 .8' 91.6' lti7 flQ -D 'WA v � AREA ____ PERGIdA I COVERS O FAVERED EX . i RDA- EIXRP. w I� AREA , L7 ¢ 16.2' #5261 �0't A/c OR �• 'No N; 0 cove. 9' CENTCRD ASPHALT DRIVEWAY DEATIL 'A' 0 FIR 518 FIR 5/8 NO ID Q 3 ILLEG _ 0.1' IGHT OF WA W� S89 31'28'W 1520.00' CG) o ON . 30' ROADWAY EASEMENT o S89.32'03'W. 1520.13' (C) _-_ _EN -__ _ CENTERLINE FPK&D NOT SET S.89.3020' E 149.81' (M) NOT SET Z O W I #6897 OR FOUND N.89'31128 E. 150.00' (G) OR FOUND Q O Q@PI, SS89.40'50E. 150.00' CPI BLOCK TIE SYCAMORE DR (FIELD) 8TH AVE SW (PLAT) (60' ROW) PLAT BOUNDARY CERTIFIED To : JAMIE LAWRENCE CROWN OF ROAD ELEVATION = 12.1' NAVD LEGAL DESCRIPTION : THE EAST 150 OF TRACT 45 GOLDEN GATE ESTATES UNIT NO. 32, A SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 21 AND 22, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NOTE, BOUNDARY INFORMATION AND OTHER IMPROVEMENTS SHOWN WERE TAKEN FROM BOUNDARY SURVEY BY THIS FIRM DATE➢11/03/2022 MEASURED BEARINGS SHOWN ARE BASED ON STATE PLANE COORDINATES (FLORIDA EAST ZONE) AS ACQUIRED BY USING GPS TECHNOLOGY AND IS THE 'BASIS OF BEARINGS: MEASUREMENTS LABELED AS (G) ARE THE CALCULATED GPS PLAT BEARINGS. CERTIFICATION : I HEREBY CERTIFY THIS SURVEY WAS MADE UNDER MY RESPONSBLE CHARGE AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS o ze eo loo CHAPTER 5J17.05-052, FLORIDA ADMINSTRATIVE CODE, PURSUANT TO GRAPHIC SCALE zoo SECTION79472.027 FLORIDA STATUTES. BY : ___ v �m,1}j1�[1!LSURVEY DATE : _ 05/11/2023 CLINTON W. FINSTRH; PE, CFM, PLS #2453 LELAND F. DySARD, PLS #3859 MARY E. FINSTAD, CFM, PSM #5901 QUALITY CONTROL NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL BY: MEF _ DAB :05/12/2023 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. FLORIDA STATUTE 5J-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION NOTE, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, NOTE, IF APPLICABLE, FENCES SHOWN MEANDER PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. ON OR OFF LINES. (APPROX LOCATION ONLY) 3884 PROGRESS AVE., SUITE 104 NOTE, REVISIONS F.L.A. SURVEYS CORP. NAPLES, FL 34104 IN COMPLIANCE WITH F.A.C. 5J-17052 (2) OM (4) (IF LOCATION OF PROFESSIONAL LAND SURVEYORS &MAPPERS -LB 6569 239-404-7129 239-250-5730 239-250-2795 239-370-1139 EASEMENTS OR RIGHT-OF-WAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT, IS REQUIRED, THIS PROJECT N0: 9220 BONITA BEACH ROAD, STE 200 INFORMATION MUST BE FURNISHED TO DRAWN BY: ES PARTY CHIEF: I DD BONITA SPRINGS, FL 34135 THE SURVEYOR AND MAPPER. 23 _Qpo'-) cor Q Packet Pg.99 SURVEY SKETCH OF BOUNDARY SURVEY PAGE 2 OF 3 3.B.g NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN NOT FOR ENGINEERING DESIGN PHOTO PAGE 3884 PROGRESS AVE., SUITE 104 F.L.A. SURVEYS CORP. I NAPLES, FLORIDA 34104 I REVISIONS PROFESSIONAL LAND SURVEYORS & MAPPERS - LB 6569 RAWN BY: LFD (PARTY CHIEF: IN/A 9220 BONITA BEACH ROAD, STE. 200 BONITA SPRINGS, FLORIDA 34135 PROJECT NO. 23-88252-3 Q Packet Pg. 100 3.B.g PAGE 3 OF 3 88. PSM= PROFESSIONAL SURVEYOR AND MAPPER 89. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT NOT VALID WITHOUT PAGES 1 90. PUE = PUBLIC UTILITY EASEMENT AND 2 OF 3 91. PT = POINT OF TANGENCY GENERAL NOTES 92. PVS=PAVERS 93. Q.W.P.E. = QUAIL WEST PERPETUAL EASEMENT ABSTRACT NOT REVIEWED 94. (R)=RADIAL 95. R=RADIUS N = NORTH 96. RING = ITEM DETECTED BY METAL DETECTOR BUT S = SOUTH NOT RECOVERED E=EAST 97. RNG=RANGE W = WEST, OR ANY COMBINATION THEREOF 98. ROW = RIGHT-OF-WAY 1. -DEGREES DEGREES 99. RR SPK = RAILROAD SPIKE 2. ` = MINUTES WHEN USED IN A BEARING 100. SAT= SATELLITE DISH 3. "= SECONDS WHEN USED IN A BEARING 101. SDE = STREET DRAINAGE EASEMENT 4. ` = FEET WHEN USED IN A DISTANCE 102. SEC = SECTION 5. "= INCHES WHEN USED IN A DISTANCE 103. SDH = SET DRILL HOLE, NO ID 6. ±_ "MORE OR LESS" OR "PLUS OR MINUS" 104. SIR = SET 5/8" IRON ROD WITH LB 7. A = ARC DISTANCE NUMBER OF CORPORATION 8. AC = ACRES 105. SPK&D = SET PK WITH DISC WITH LB NUMBER 9. A/C = AIR CONDITIONING PAD 106. TBM TEMPORARY BENCH MARK 10. AE = ACCESS EASEMENT 107. TEL = TELEPHONE FACILITIES 11. AF = ALUMINUM FENCE 108. TOB = TOP OF BANK 12. AMUE = AVE MARIA UTILITY EASEMENT 109. TP = TRANSMITTER PAD 13. B.E.=BUFFER EASEMENT 110. TWP=TOWNSHIP 14. BM = BENCHMARK 111. UE = UTILITY EASEMENT 15. BOB = BASIS OF BEARING 112. VF = VINYL FENCE 16. BRG=BEARING 113. VLV=VALVE 17. C#=CURVE NUMBER 114. W=WATER SERVICE 18. C = CALCULATED 115. WB = WATER BOX 19. CB = CATCH BASIN 116. WF= WOOD FENCE 20. CHB=CHORD BEARING 117. WPP=WOOD POWER POLE 21. CHI) = CHORD 118. A = DELTA OR CENTRAL ANGLE OF CURVE 22. CLF = CHAINLINK FENCE 119. DIMENSIONS ARE IN FEET AND IN DECIMALS 23. CM = CONCRETE MONUMENT THEREOF 24. CO=CLEAN OUT 120. ELEVATIONS SHOWN HEREON ARE N.A.V.D. UNLESS 25. COL=COLUMN OTHERWISE STATED 26. CONC = CONCRETE 121. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT 27. CPP = CONCRETE POWER POLE DIMENSIONS ARE FOR INFORMATIONAL PURPOSES 28. CSW = CONCRETE SIDEWALK ONLY. THAT THEY DO EXIST, BUT WERE NOT 29. CTV= CABLE TV RISER NECESSARILY MEASURED IN THE FIELD. 30. CUE= COLLIER COUNTY UTILITY 122. NOTE: LEGAL DESCRIPTION IS FROM LATEST DEED EASEMENT OF RECORD UNLESS OTHERWISE NOTED. 31. D = DEED 123. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER 32. DE= DRAINAGE EASEMENT RECORDED PLAT OR AS FURNISHED BY THE CLIENT 33. DH = DRILL HOLE 124. FOUNDATION LINE BELOW THE SURFACE OF THE 34. DI = DROP INLET GROUND IS NOT REFLECTED 35. ELEC= ELECTRIC 125. THIS SURVEY IS NOT TO BE USED FOR 36. EOP=EDGEOFPAVEMENT CONSTRUCTION PURPOSES UNDER ANY CONDITION 37. FOR = EDGE OF ROAD UNLESS OTHERWISE STATED 38. EOW = EDGE OF WATER 126. NO UNDERGROUND INSTALLATIONS OR 39. F= AS LABELED OR FOUND IN THE FIELD IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS 40. F.A.C. = FLORIDA ADMINISTRATIVE CODE NOTED 41. FCC = FOUND CROSS CUT 127. NO INSTRUMENTS OF RECORD REFLECTING 42. FCM = FOUND CONCRETE MONUMENT EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP 43. FEMA = FEDERAL EMERGENCY WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN MANAGEMENT AGENCY 128. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT 44. FDH = FOUND DRILL HOLE THOSE AS DELINEATED ON THIS PLAT OF SURVEY 45. FFE = FINISH FLOOR ELEVATION 129. TIES ARE TO FIELD LINES UNLESS OTHERWISE 46. FH = FIRE HYDRANT NOTED 47. FIP = FOUND IRON PIPE 130. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR 48. FIR = FOUND IRON ROD EASEMENTS THAT ARE NOT RECORDED ON SAID 49. FN = FOUND NAIL PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS 50. FND = FOUND OF THIS COUNTY 51. FN&D = FOUND NAIL & DISC 131. FENCES MEANDER ON AND OFF LINE, APPROXIMATE 52. FPK = FOUND PK NAIL LOCATION ONLY UNLESS STATED OTHERWISE. 53. FPK&D = FOUND PK NAIL AND DISC 132. THE LINES ON THIS SKETCH DO NOT CONSTITUTE 54. GCE = GOLF COURSE EASEMENT OWNERSHIP 55. HCP = HANDICAP PARKING 133. THE INTENT OF THIS SURVEY IS FOR TITLE 56. IE = IRRIGATION EASEMENT TRANSFER ONLY UNLESS STATED OTHERWISE 57. LB = LICENSED BUSINESS 134. FLORIDA STATUTE 61G17-6.004: TWO SITE 58. LBE = LANDSCAPE BUFFER EASEMENT BENCHMARKS ARE REQUIRED FOR CONSTRUCTION. 59. LE = LANDSCAPE EASEMENT 135. THIS SURVEY DOES NOT REFLECT OR DETERMINE 60. LME = LAKE MAINTENANCE EASEMENT OWNERSHIP. 61. LP = LIGHT POLE 121. F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE 62. M = MEASURED PRODUCT WAS NOT DESIGNED TO MAKE PRECISE 63. ME = MAINTENANCE EASEMENT IN/OUT FLOOD RISK DETERMINATIONS. THIS 64. MH = MANHOLE PRODUCT IS NOT SUITABLE FOR ENGINEERING 65. N.A.V.D. = NORTH AMERICAN VERTICAL APPLICATIONS AND CANNOT BE USED TO DATUM DETERMINE ABSOLUTE DELINEATIONS OF FLOOD 66. N.G.V.D. = NATIONAL GEODETIC VERTICAL BOUNDARIES. CALL 1.877-FEMAMAP OR EMAIL A DATUM MAP SPECIALIST AT W W W.FEMA.ORG/NHT/TSD/FO- 67. NOID= NO IDENTIFYING MARKINGS MAP17.HTM. 68. (NR) = NON -RADIAL 137. PROPERTY OWNER SHOULD OBTAIN WRITTEN 69. NTS= NOT TO SCALE FLOOD ZONE DETERMINATION FROM LOCAL 70. OHP= OVERHEAD POWER PERMITTING, PLANNING AND BUILDING 71. OHU = OVERHEAD UTILITY LINE DEPARTMENT PRIOR TO ANY CONSTRUCTION 72. O.R. = OFFICIAL RECORD BOOK PLANNING AND/OR CONSTRUCTION 73. O/S = OFFSET 138. IN COMPLIANCE WITH F.A.C. 61G17-6.0031(4) (E) - IF 74. P = PLAT LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF 75. PBIDDE = PELICAN BAY IMPROVEMENT RECORD, OTHER THAN THOSE ON RECORD PLAT, IS DISTRICT DRAINAGE EASEMENT REQUIRED, THIS INFORMATION MUST BE 76. PC = POINT OF CURVATURE FURNISHED TO THE SURVEYOR AND MAPPER. 77. PCC POINT OF COMPOUND CURVATURE 139. IF APPLICABLE, FENCES SHOWN MEANDER ON OR 78. PCP = PERMANENT CONTROL POINT OFF LINES (APPROXIMATE LOCATION ONLY) 79. PG = PAGE 140. ARCHITECTURAL FEATURES, SUCH AS FURRING 80. PI = POINT OF INTERSECTION STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE 81. PK = PARKER KALON NAIL THE LINE OF THE STRUCTURE HAVE BEEN TAKEN 82. PLS = PROFESSIONAL LAND SURVEYOR INTO ACCOUNT WHEN GIVING TIES FROM THE 83. POB = POINT OF BEGINNING STRUCTURE TO THE LOT LINES. 84. POC = POINT OF COMMENCEMENT 141. ATTENTION IS DIRECTED TO THE FACT THAT THIS 85. PP = POWER POLE SURVEY MAY HAVE BEEN REDUCED OR ENLARGED 86. PRC = POINT OF REVERSE CURVE IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE 87. PRM = PERMANENT REFERENCE TAKEN INTO CONSIDERATION WHEN OBTAINING MONUMENT SCALED DATA. m u c m m `o E R u T to rn 0 M O 0 0 N 0 N J IL Q Packet Pg. 101 3.B.g 0 UAVIL?SIDUKE 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Tyler C. Norton Living Revocable Trust 5300 Tamarind Ridge Dr. Naples, FL 34119 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Trustee: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. 1, as Trustee of the Tyler C. Norton Revocable Living Trust, residing at 5300 Tamarind Ridge Dr., do not object to the current location of the garage on the property located at 5261 Sycamore Dr. eigafture Name Date Packet Pg. 102 3.B.g 141S Panther Lane, Suite 442 Naples, FL 34109 I)AVIL;Si DU1<L Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Jack Segerdahl Lyette Segerdahl 5281 Sycamore Dr. Naples, FL 34119 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Mr. and Ms. Segerdahl: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance request. Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I, Jack Segerdahl, residing at 5281 Sycamore Dr., 1, Lyette Segerdahl, residing at 5281 Sycamore do not object to the current location of the garage Dr., do not object to the current location of the on the property located at 5261 y more Dr. garage on the property loc ted at 5261 Sycamore E Si nature t A ISi to a Print Name Z �U Z� Print me Date Date Packet Pg. 103 3.B.g 0 L)AVIES!DUKE Maria Yrene Poklemba 5253 Sycamore Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261, vcamore Dr., Naples, FL 34119 Dear Ms. Poklemba: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I, Maria Yrene Poklemba, residing at 5253 Sycamore Dr., do not ohject to the current location of the garage. on the property located at 5261 amore Dr., Naples, FL 34119. Prinf Ne 47 Date Packet Pg. 104 3.B.g 0 1)AVI1iSIDUKI-" Jon Ebert Vivian Ebert 5270 Tamarind Ridge Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261 Sycamore Dr., Naples, FL .34119 Dear Mr. and Ms. Ebert: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. 1, Jon Ebert, residing at 5270 Tamarind Ridc;e 1, Vivian Ebert, residing at 5270 Tamarind Dr., do not object to the current location of the Ridge Dr., do not object to the current location of garage t e pro y cated at 5261 Sycamore the garage on the property located at 5261 Dr. _ Sycamore Dr. Signa 7 & Print Name Z� -- Date [7 �v Signature Print Name Date Packet Pg. 105 3.B.g 0 D A V 1 E S I D U K E Charles Sauer Kristine Sauer 5250 Tamarind Ridge Dr. Naples, FL 34119 1415 Panther Lane, Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 20, 2023 Re: 5261 Sycamore Dr., Naples, FL 34119 Dear Mr. and Ms. Sauer: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers This Firm represents Jamie and Carol Lawrence, the owners of the above -referenced property, in their application for a variance from the Land Development Code regarding required setbacks for the garage structure. Mr. Lawrence has indicated that you do not object to the requested variance, allowing him to keep the garage in its current location. request. Please sign below indicating that you do not object to Mr. and Mrs. Lawrence's variance Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. I, Chimes Sauer, residing at-5250-Tamarind -TKristine Sauer, residing at 5250 Tamarind - Ridge Dr., do not object to the current location Ridge Dr., do not object to the current location of of the garage on the property located at 5261 the garage on the property located at 5261 Sycamore Dr. Sycamore Dr. �+ P ® A I"A , IP\1 ee ,r1, 61 Print N i e ®7 3v Z-s Date S Print Namme I//, Date Packet Pg. 106 3.B.g AFFIDAVIT OF COMPLIANCE AGENT LETTER Variance Petition for 5261 Sycamore Dr,, Naples FL 34119 PL20230010369 I hereby certify that pursuant to Sec. 10.03.05.E. of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of propose change. A copy of the agent letter (dated November 30, 2023) and a copy of the mailing list date -stamped November 30, 2023, by the U ost Offjp ached reto. e STATE OF FLORIDA COUNTY OF COLLIER (Signature of Applicant) ) SS. } The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, on this 5TH day of December, 2023 by Noel J. Davies, who X^ is personally known to me or produced a valid driver's license as identification. ,e"' YORM BOYD M! 0 ;M1vc "VhwRUM 13,ZOfl7' (S E A L) Name: Notary My Com 77 Packet Pg. 107 1415 Panther Lane Suite 442 DAVIES DUKE Naples, FL 34109 Noel J. Davies, Esq. 239.216.2792 Noel.Davies@DaviesDuke.com November 30, 2023 38394120008 BOYAS, NICK 1520 OAKES BLVD NAPLES FL 34119 www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers Re: Variance Petition for 5261 Sycamore Dr., Naples FL 34119 Dear Property Owner: Please be advised that this firm represents Jamie and Carol Lawrence, owners of the property at 5261 Sycamore Drive. The Lawrences have made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to their property. The Lawrences have asked the County to grant them an after -the -fact variance from Section 4.02.01.A. Table 2.1 Minimum Yard Requirements (Setbacks), from minimum side yard and minimum rear yard requirements for two accessory structures, a large garage and an open air/roof- only carport: (1) A large garage: a side yard variance from 30 feet to 29.4 feet; (2) A large garage: a rear yard variance from 75 feet to 38 feet; (3) An open air/roof-only carport: a side yard variance from 30 feet to 7.9 feet. Specifically, this request is to allow the continued existence of a 50' x 80' steel structure with two 16-foot steel roll -up doors and a 31.9' x 31.9' shed. [PL20230010369] You are encouraged to contact the sender of this letter in the event you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, DAVIES DUKE PLLC Noel J. Davies, Esq. Packet Pg. 108 AGENT LETTER VARIANCE PETITION FOR 4261 SYCAMORE DR., NAPLES FL 34119 PL20230010369 38394120008 ERIC ORTMAN BOYAS, NICK PRINCIPAL PLANNER, ZONING DIVISION 1520 OAKES BLVD COLLIER COUNTY GROWTH MANAGEMENT NAPLES FL 34119 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 38394121007 CHRISTMAN, RANDOLPH S LAURIE E CHRISTMAN 5374 SYCAMORE DR NAPLES FL 34119 38394160000 DE LADURANTEY, CHRISTOPHER C JOAN L DE LADURANTEY 5350 SYCAMORE DR NAPLES FL 34119 U.S. POSTAGE PAID SPRINGS, FL 38283080000 Aw N 3413 NOV 30623 EBERT, JON & VIVIAN AMOUNT 5270 TAMARIND RIDGE DR 0000 $5.13 NAPLES FL 34119 A23069123747-06 38283960007 t:o POKLEMBA, MARIAYRENE 5253 SYCAMORE DR NAPLES FL 34119 38283840004 SAUER, CHARLES & KRISTINE 5250 TAMARIND RIDGE DR NAPLES FL 34119 38283040008 SEGERDAHL, JACK & LYETTE 5281 SYCAMORE DR NAPLES FL 34119 38283120009 ?� TYLER C NORTON LI V REV TRUST 5300 TAMARIND RIDGE DR NAPLES FL 34119 3.B.g co 00 N 54 Packet Pg. 109 3.B.g UNITES sTj'TES IiosrAL sFRME. BONITA BEACH ROAD 9071 BONITA BEACH RD SE BONITA SPRINGS, FL 34135-9974 (800)275-8777 11/30/2023 - 02:24 PM --------------- Product -------- Qty Unit Price Price -- -- - - PurpleHeartMedal 9 $0.66 $5.94 CTOM - Firm - 9 $5.13 Domestic ---- ---- ---- --------------------- Grand Total: - $11.07 Credit Card Remit----------- $11.07 Card Name: VISA Account #: XXXXXXXXXXXX5045 Approval #: 00731G Transaction #: 767 AID: AOOO0000031010 Contactless AL: VISA CREDIT CHASE VISA In a hurry? Self service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Preview your Mail Track your Packages --Sign up for FREE B ttps://informeddailvery.usps.com ;Ali sales final on m` Refunds for guaranteed servviicesoonly. Thank you for your busines Tell us about your experience - Go to: https://postalexperience.com/ nPo or scan this code with your mobile device or call 1-800-410-7420. UFN: 110901-0405 Receipt #: 840-53350140--2-7262097-L_ Clerk: 06 — -- Packet Pg. 110 OJOWBOAS 69£U00£ZOZ-1d 80Z8Z) uoi}e;uauanoop do)13e8 s,;ueoilddV - 9;uauay3elIv :;uawLj3e;}-y O m M W a cn cn W 0 0 Q > co B O O cD v 00 m O o O O O O o O O O_ O o_ 0 0 0 0 0 0 0 J ON N CD O (D t g coON O O O 0) CO O V V 7 co M M M M M U. O O O 00 co 00 00 00 00 M co M N N N N N N 00 00 0o 00 co 00 00 00 co co Cl) co co M M M co M 0 N N M O O M M a1 r O M M N M M N O N r D] C C C y W d c0 �AAAAAmAAA Q. w � Q M M M M M M M M M i 0 Z J J J J J J J J J i N CD LL LL LL LL LL LL LL LL LL CD M w w w w w w w w w 00 J J J J J J J J J d a a a a a a a a 0 c M z z z z z z z z z i E ++ p p U CO Of U Q J LU 00 Ui �Z UU d ++ �H to v}iC/) r M LO y M M LO LO i 'a N d -0 O W d N :2 — w ry Q> M p p p rL O LLB Q Q. Q z C7 � � 0 (7 p p w p I W p F- z cc p r U ca J Z)p� o p r p U Q m Q Z O O Z O Z Z Y W Wp U U U C LO O W J 7 d r O Q O M O O U O L LOQ O N N N N N OCO J —3 LO LO LO LO LO LO d R a 6 U U O U m t C t U H .r W � O O M d W W ry J Z H r M +� O O Of Z cj W W O d p W a U W� J ry N p Q p U Q w Q a25 Y J y J Z <Lu>QQw <O t Lam_ a UZQzLu< ~ 3 Z g O Z a) m U U d W •� cn ~ p H W W C V �� Q Q w J W W w O O— (1) O= W m Q O Q W } z c 0 d M00W JmwwF- r r r a m m a 0 �I T J O d 3.B.h Attachment 7 Legal Advertisement and Sign Posting m u c �L O E M u ch a� c� M O O O M N O N J d CO O N CO N C N O d C Cf Cn C Q Cf N J r Q Packet Pg. 112 3.B.h 12A I FRIDAY, MARCH 8, 2024 1 NAPLES DAILY NEWS NOICE OF PUBLIC HEARING N 'ce is hereby gTiven that a public hearing will be held by the Collier County Heari Ex iner (HEX) at 9:00 A.M., March 28, 2024, in the Hearing Examiner's Meeting Roo at 280 orth Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETIT N NO. PCUD-PL20230016127 - OPTIMUS TRAFFIC AND DRIVING SC OL - REQU T FORA DETERMINATION THAT THE PROPOSED USE OF AN INDOO ONLY AUTOM ILE DRIVING INSTRUCTION FACILITY IS COMPARABLE IN NA RE TO OTHER P MITTED USES IN 3.2.A(18), RELATING TO TRACT B, OF THEW DWOOD ESTATES P NNED UNIT DEVELOPMENT (PUD) ADOPTED BY ORDINANC NUMBER 81-27. THE BJECT PROPERTY IS LOCATED AT 7795 DAVIS BOULEVA NAPLES, FL 34104, AL KNOWN AS UNIT 205, DEL MAR RETAIL CENTER, A MMERCIAL CONDOMINIU IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 ST, COLLIER COUNTY, FLOR A. CT All interested parties are inked to appe and b heard. All materials used in presentation before the Hearing Examiner will beco a perms nt Part of the record. Copies of staff report are available on )week prio the hearing. The file can be reviewed at the Collier County Growth Mana ment Comm. Development Department, Zoning Division; 2800 North Horseshoe D . ; Naples, FL 341 As to any petition upon which th Hearing Examiner to s action, an aggrieved petitioner may appeal such final action. Su appeal shall be filed pe ection 2-88 of the Collier County Code of Laws and Ordinanc Rhin 30 days of the decis n by the Hearing Examiner. An aggrieved non-party may ap al a decision by the Hearin xaminer to the Circuit Court of Collier County within 30 ays of the decision. In the ev that the petition has been approved by the Hearing iner, the applicant shall be advi that he/she proceeds with construction at his/her o risk during this 30-day period. Any c struction work completed ahead of the approval a orization shall be at their own risk. _ As part of an ongoin nitiative to encourage public involvement, a public will have the opportunity to provid ublic comments remotely, as well as in person, uring this proceeding. Individuals who wo d Iike'to participate remotely should register th gh the link provided within the speck vent/meeting entry on the Calendar of Events on t County website at www.colliercoun ,gov/our-county/visitors/r-alendar-of-pvents after th genda is posted on the County ebske. Registration should be done in advance of the blic meeting, or any deadline ecified within the public meeting notice. Individuals who r ter will receive an email in a ance of the public hearing detailing how they can participate motely in this meeting. R ote participation is provided as a courtesy and is at the user's He The County is not res nsible for technical issues. For additional information about theme ing, please call Geo y Wiliig at 252-8369 or email to Geoffrey.WilligGcolliercounty8.gov. If you a person with a disability who needs any accommodation in order to iticipate in thi roceeding, you are entitled, at no cost to you, to the provision of certain a tance. Pie contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, pies, Flo a 34104. (239) 252- 2400, at least two (2) days prior to the meeting. drew W. J. Dickman, Esq., AICP - NO Heating Examiner ollier County, Florida 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., March 28, 2024, in the Hearing Examiner's Meeting Room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. VA-PL20230010369 - REQUEST FOR AN AFTER -THE -FACT VARIANCE FOR A 50-FT BY 80-FT GARAGE AND A 31.9-FT BY 31.9-FT OPEN AIR/ROOF ONLY CARPORT THAT WERE BUILT CLOSER TO THE PROPERTY LINES THAN CODE ALLOWS; THE VARIANCE IS FROM LDC SECTION 4.02.01.A, TABLE 2.1, TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 75 FEET TO 38 FEET AND THE EASTERN SIDE YARD SETBACK FROM 30 FEET TO 29.4 FEET FOR THE GARAGE AND TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 30 FEET TO 7.9 FEET FOR THE CARPORT, ON A s2.27 ACRE PROPERTY LOCATED AT 5261 SYCAMORE DRIVE, ALSO KNOWN AS THE EAST 150 FEET OF TRACT 45, GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. �+ Tamarind Ridge DR rn Project ra` — Location - - y I • S ,eamore DR -, PineRi eR� �I awood WAY , I U m d E m U T N 0 All interested parties are invited to appear and be heard. All materials used in presentation c before the Hearing Examiner will become a permanent part of the record. N Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at N the Collier County Growth Management Community Development Department, Zoning Division, JJ 2800 North Horseshoe Drive, Naples, FL 34104. L As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may o appeal such final action. Such appeal, shall be filed per Section 2-88 of the Collier County Code c 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 m within 30 days of the decision. In the event that the petition has been approved by the Hearing G Examiner, the applicant shall be advised that he/she proceeds with construction at his/her w own risk during this 30-day period. Any construction work completed ahead of the approval 0 authorization shall be at their own risk. c As part of an ongoing initiative to encourage public involvement, the public will have the y opportunity to provide public comments remotely, as well as in person, during this proceeding. -a Individuals who would like to participate remotely should register through the link provided a within the specific event(meeting entry on the Calendar of Events on the County website at C, www.colliercountyfl.gov/our-county/viskors/calendar-of-events after the agenda is posted or the County website. Registration should be done in advance of the public meeting, or any m deadline specified within the public meeting notice. Individuals who register will receive ar m email in advance of the public hearing detailing how they can parficipate remotely in thi: meeting. Remote participation is provided as a courtesy and is at the user's risk. The County k r not responsible for technical issues. For additional information about the meeting, please Cal Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfi.gov. d If you are a person with a disability who needs any accommodation in order to parficipate it r this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Pleas( r contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florid< 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Floridacc Packet Pg. 113 3.B.h (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely axed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Jamie Lawrence WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER VA-P 10369. 5261 Sycamore Dr. NATURE O P CANT OR AG NT STREET OR P.O. BOX Jamie Lawrence NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER Naples, FL 34119 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this day of March , 2024, by Jamie Lawrence , personally known to me or who produced-4Q1 identification and who did/did not take an oath. a Notary Public State of Florida 1 Kimberly Krzysik My Commission HH 363060 Expires 6/9/2027 My Commission Expires: 20 Z Z (Stamp with serial number) 7 //",-] ,� Y"�"7 - t at of Nor o ry Public rinted Name of No ary Public Rev. 3/4/2015 Packet Pg. 114 OM rllj* AWV 9L ;mm KPI MEL-' An .41 r It. IL 0- rop MU 4r, A 3.B.i 0 DAVIES DUKE 1415 Panther Lane Suite 442 Naples, FL 34109 Noel J. Davies, Esq. 239.405-8033 Noel.Davies@DaviesDuke.com March 7, 2024 Mike Bosi, Division Director Michael.Bosi@colliercountyfl.gov Ray Bellows, Manager — Planning Ray.Bellows@colliercountyfl.gov Eric Ortman, Planner III Eric.Ortman@colliercountyfl.gov Growth Management Department 2800 Horseshoe Drive N. Naples, FL 34104 Re: VA-PL20230010369 - 5261 Sycamore Dr. (VA) Dear Mr. Bosi, Mr. Bellows and Mr. Ortman: www.DaviesDuke.com Offices: Naples, Bonita Springs, Fort Myers Following my meeting with Zoning Director Bosi and Mr. Davies' site visit to the Subject Property, as well as detailed discussions with the Applicant, I would like to please supplement the record with the attached Affidavit which outlines in detail numerous mitigating factors which justify the granting of the subject variance application, and proves there is no detriment to the surrounding property owners. In addition to the Affidavit, please recall that all adjacent property owners have issued letters of no objection which have been previously submitted. For your reference, I have outlined below all of the mitigating factors that justify granting this variance. Mitigating Factors 1. A significant amount of exotic vegetation, including but not limited to, Brazilian Peppers were removed to construct the existing structure. 2. If the structure is required to be located in the location requested by the County, a large amount of Cypress trees, Pine trees and other native vegetation would have to be removed. Packet Pg. 116 3.B.i Affiants are willing to condition any approval of the Variance Application by the Hearing Examiner as follows: a. The subject carport that encroaches into the side yard setback shall be removed immediately. b. Affiants will plant a row hedge of Clusia and/or Bamboo along the entirety of the length of the rear of the subject structure to further shield the structure from neighbors. 4. All water for the subject structure will be retained on site; there will be no adverse impact or flow onto any neighboring property. 5. Affiants submitted the requisite permit application and supporting documents prior to commencing construction. Affiants have consistently operated in good faith. It was represented to Affiants by the County and the private provider that the subject structure could be built in its current location so the footer was poured and the building was erected. It was only upon final inspection that Affiants were informed that it was erected in the incorrect location. Affiants were not trying to circumvent the permitting system or setback requirements; Affiants believed in good faith that the structure was erected in the correct location. 6. It would be a significant hardship on Affiants to move the structure (several hundred thousand dollars). Further, the additional hardship that would result from relocating the structure includes removal of significant amounts of native vegetation, relocation of the septic system on the property and removal/relocation of a large propane tank, all of which make relocation of the subject structure impracticable. 7. There is no harm to the surrounding property owners if the structure is allowed to remain in its current location; none of the neighbors were aware that the structure was constructed because of the existing dense vegetation on Affiants' property and the neighbors' property and all of the neighbors executed letters of no objection. cc: Jamie and Carol Lawrence Sincerely, DAVIES DUKE, PLLC Noel J. Davies, Esq. Page 2 of 2 Packet Pg. 117 3.B.i AFFIDAVIT OF JAMIE LAWRENCE AND CAROL LAWRENCE STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, personally appeared Jamie Lawrence and Carol Lawrence (the "Affiants") who being by me first duly sworn on oath, depose and say: 1. Affiants are the owners of property located at 5261 Sycamore Drive, Naples, FL 34119 and currently have a Variance Petition Application (Petition Number VA-PL20230010369) before Collier County. 2. Affiants are over the age of 18 years of age and competent to testify to the matters stated herein on personal knowledge. 3. As a supplement to the Narrative Statement provided with the Variance Petition Application, the letters of no objection from all adjacent neighbors, and the previously submitted Affidavit from Affiants, Affiants state that the below are mitigating factors that prove no detriment to the surrounding property owners and justify the granting of the subject Variance Petition Application. a. A significant amount of exotic vegetation, including but not limited to, Brazilian Peppers were removed to construct the existing structure. b. If the structure is required to be located in the location requested by the County, a large amount of Cypress trees, Pine trees and other native vegetation would have to be removed. c. Affiants are willing to condition any approval of the Variance Application by the Hearing Examiner as follows: i. The subject carport that encroaches into the side yard setback shall be removed immediately. ii. Affiants will plant a row hedge of Clusia and/or Bamboo along the entirety of the length of the rear of the subject structure to further shield the structure from neighbors. d. All water for the subject structure will be retained on site; there will be no adverse impact or flow onto any neighboring property. Affiants submitted the requisite permit application and supporting documents prior to commencing construction. Affiants have consistently operated in good faith. It was represented to Affiants by the County and the private provider that the subject structure could be built in its current location so the footer was poured and the building was erected. It was only upon final inspection that Affiants were informed that it was erected in the incorrect location. Affiants Page 1 of 2 Packet Pg. 118 3.B.i were not trying to circumvent the permitting system or setback requirements; Affiants believed in good faith that the structure was erected in the correct location. f. It would be a significant hardship on Affiants to move the structure (several hundred thousand dollars). Further, the additional hardship that would result from relocating the structure includes removal of significant amounts of native vegetation, relocation of the septic system on the property and removal/relocation of a large propane tank, all of which make relocation of the subject structure impracticable. g. There is no harm to the surrounding property owners if the structure is allowed to remain in its current location; none of the neighbors were aware that the structure was constructed because of the existing dense vegetation on Affiants' property and the neighbors' property and all of the neighbors executed letters of no objection. 4. Affiants further state that Affiants are familiar with the nature of an oath, and with the penalties as provided by the laws of the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiants further certify that Affiants have read the full facts of this affidavit and understands its context. Carol Lawrence STATE OF FLORIDA COUNTY OF � C C The foregoing instrument was sworn to and subscribed before me by means of X physical presence or online notarization, on this — (y �-' day of Ma (c � , 2024, by Jamie Lawrence and Carol Lawrence, and who are personally known to me or o produced a valid driver's license as identification. [Notary Seal] Print e: ,x.0 n My commission expires: (l /T G D 2,9 2-7 Notary Public State of Florida Justin Dixon My Commission HH 466549 Expires 11/20/2027 a� c e� M L O E M o� to M O 0 O M N O N J IL 00 0 N O N Page 2 of 2 Packet Pg. 119