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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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):
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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
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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
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Address: 6336 Possum Ridge Rd. Crestview FL 32539 Phone:513-293-6280 Email: Smallwoodsolutions.h@gmail.com
Packet Pg. 20
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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
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• 8 Hour Basic Driver Course (sometimes judge -ordered)
12-hour Advance Drive Improvement 00
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• Traffic School online courses z
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• Traffic ticket classes =
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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
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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)
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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
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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
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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.
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�LA►-JED UNIT DEVELOPMENT DOCUMENT
F•OR
wii D 00D ESTATES RESIDENTIAL DEVELOPMENT
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DOCUMENT PREPARED BY:
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WILSON, MILLER, BARTON,
SOLL & PEEK, INC.
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(WAFAA F. ASSAAD,
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DATE
ISSUED: June 3,
1981
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DATE APPROVED
BY CAPC: April 23
1981
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DATE APPROVED
BY BCC: May 26,
1981
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EXHIBIT
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SECTON
I: SATEMENT OF COMPLIANCE &
PROPERTY LESCRIPTION
1
SECTION
II: RESIDENTIAL DEVELOPMENT REGULATIONS
TRACT "A"
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SECTION
III:COMMERCIAL DEVELOPMENT REGULATIONS
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TRACT "B"
5-6
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IV: DEVELOPMENT COMMITMENT
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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.
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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
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2.2. PERMITTED USES AND STRUCTURES:
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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:
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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
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B. Permitted accessory uses and structures J
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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
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µ A maximum of 710 dwelling units may be constructed on w
Tract "A". -a
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A.
From Tract boundary lines, or from the edge of the
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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:
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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.
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2.7.' MINIMUM OFF-STREET PARKING: >s'
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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
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2.8. LIMITATIONS ON SIGNS: ti
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As permitted for multi -family zoning districts by the
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SECTION III
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COMMERCIAL DEVELOPMENT REGULATIONS -TRACT
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��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.
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3.3. „.MINIMUM Y9RD REQUIREMENTS:_
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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.
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: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.
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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:
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SECTION TWOt
' This Ordinance shall become effective upon.receipt of
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notice that -it has been filed with the Secretary of StAte.
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DATE: August 11, 1981 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth
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Judicial Circuit, Collier County, Florida, do hereby certify that
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the foregoing is a true original of:
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ORDINANCE NO. 81-27
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which was readopted by the Board of County Commissioners during
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Regular Session via emergency procedure on August 11, 1981,
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WITNESS my hand and the official seal of the Board of County
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Commissioners of Collier County, Florida, this llth day of August,
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WILLIAM J. REAGAN
This ordinance filed with the Secretary Clerk of Courts erk..
Ex officio toABoai'•o•. Y��,
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of State's Office the 17th day Aug -County Co issi '• w '
ust, 1981 and acknowledgement of'that one4s•0• '•.
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ust, 1981. By "•' 4 _ i M
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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:
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1. The Hearing Examiner has jurisdiction to hear this matter pursuant to Section 2-87 of the
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Code of Laws and Ordinances, and Section 3.G.6. of the Administrative Code for Land
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Development.
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2. Based on the applicant's written petition, testimony at the hearing of the applicant, and
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the recommendation of staff, the Hearing Examiner finds that the criteria set forth inco
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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
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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. ,
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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.
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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
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Thank you for your request for a Comparable Use Determination. The subject property is zoned
Wildwood Estates Planned Unit Development (PUD). c
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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
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pet food store, pet shops, retail telephone stores, retail picture frame shops and kidney dialysis.
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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
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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.)
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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
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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 °
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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.
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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
$150,000. The stated use of the building is to store boats, jet skis, and four -wheel -type vehicles.
ForCattraetors: The above emod address is my preferred method of contact for all correspondence regarding this permit.
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E.2. Permk Type: L .ium Structure13 Awnings Building• Ca rport/Shed 11Cell Towe rn De molitio(ElDetached Garage Electrical Ferxe Fre Ms
❑ Marine []Merhamal Plumbing ❑Pod ❑RW []Shutters/P r5,W-1h:Y— [3-5IesjCartst. Trailer❑Screen Endpsure []Solar 0$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
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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.
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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
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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,
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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.
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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
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Attachment 1
Building Permit Application for 50' x 80' Metal Structure
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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
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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
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C.4. Owner Phone: ; ,l - S 11 - I 7,� C.9. Jurisdiction: oilier County [:]City of Everglade
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C.S. Email: C.l C - ! ry oc� p I e vyl
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• • • • D.1. Permittee Type: ractor ❑Design Professional ❑ Owner-Builde
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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
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D.5. Company Address: �� �� C1 P e r I, OQ 141 D.9. ompany` hone:
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D.6. Qualifier Name: '/ J T C11— �.�� �� j.< V D.10. Fax #: % on
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For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. Yes
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E.2. Permit Type: L. ,lum Structure ❑Awnings []Building*• Carport/Shed ❑Cell Tower❑ Demolition[] Detached Garage []Electrical Fence ® Fire 03as
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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.
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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
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E.6. Is Structure in a Flood Zone: No ❑ Unknown ❑ Yes, additional form required. See Instructiot
E.7. Is Structure Fire Sprinkled: $KN0 ❑ Yes
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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
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E.12. Threshold Building: No ❑ Yes
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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.
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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.
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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.
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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
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Site Plan 01192023
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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
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STREET ADDRESS
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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
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by Leland
N89'40'50'W.
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1520,00' (P)
1520,00, (G) �
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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
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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
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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.
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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
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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
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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:
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01/2023 Packet Pg. 94
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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.
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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
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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)
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38. ' 414'
FIR 5/8
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31.9'
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IGHT OF WA
W� S89 31'28'W
1520.00' CG) o ON . 30' ROADWAY EASEMENT
o
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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
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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.
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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
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Packet Pg. 109
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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
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Attachment 7
Legal Advertisement and Sign Posting
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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.
�+
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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
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Packet Pg. 114
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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
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