HEX Agenda 04/25/2024Collier County Hearing Examiner Page 1 Printed 4/18/2024
COLLIER COUNTY
Collier County Hearing Examiner
AGENDA
Growth Management Department
Conference Rooms 609/610
2800 Horseshoe Drive North
Naples, FL 34104
April 25, 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@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.
April 2024
Collier County Hearing Examiner Page 2 Printed 4/18/2024
1.Pledge of Allegiance
2.Review of Agenda
3.Advertised Public Hearing
A.*** This item has been continued from the March 28, 2024 HEX Meeting.*** 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 ±2.27 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
B.*** This item has been continued from the April 11, 2024 HEX Meeting.*** Petition No.
VA-PL20230010693 – Eric W. Schrack requests a variance from Section 4.02.01, Table 2.1
of the Collier County Land Development Code to reduce the north property line minimum
side yard setback from 10 feet to zero feet, and a variance from Section 4.06.02.C, Table 2.4
of the Collier County Land Development Code to reduce the required Type “A” Landscape
Buffer on the north property line from 5 feet to zero feet, to allow for construction of a new
structure utilizing a legal nonconforming zero foot setback on the north property line
located on a 0.74 +/- acre property at 6245 Lee Ann Ln., in Section 11, Township 49 South,
Range 25 East, Collier County, Florida. [Coordinator: Timothy Finn, Planner III]
Commissioner District 2
C.*** This item has been continued from the April 11, 2024 HEX Meeting.*** Petition No.
PL20230018286 VA – Request for a variance from Land Development Code Section 4.02.01
A, Table 2.1, to reduce the required front setback from 25.0 feet to 15.0 feet on the East
property line for the proposed single-family residential structure in the Residential-Single-
Family-4 (RSF-4) zoning district located at 185 6th Street, Naples, FL 34113, also known as
Trail Acres Unit 2 Block 2 Lot 22, in Section 32, Township 50 South, Range 26 East, Collier
County, Florida. [Sean Sammon, Planner III] Commissioner District 1
D.Petition No. VA- PL20230013525 – 5238 Texas Ave – Request for an after-the-fact variance
to reduce the required 10-foot structure-to-structure separation required by Land
Development Code Section 4.02.03.D for a utility building to 3.8 feet within a Residential
Single-Family-4 (RSF-4) Zoning District for property located at 5238 Texas Avenue, also
known as Lot 11, Block 9, Naples Manor Lakes in Section 29, Township 50 South, Range 26
East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner District
1
E.Petition No. BDE- PL20230013185 – 1139 Chokoloskee Dr – Request for a 62-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than
100 feet in width, to allow construction of a boat docking facility protruding a total of 82 feet
into a waterway that is 1,573± feet wide. The subject property is located at 1139
Chokoloskee Drive¸ northwest of the intersection of Chokoloskee Drive and Parkway Village
in Chokoloskee, in Section 36, Township 53 South, Range 29 East, Collier County, Florida.
[Coordinator: John Kelly, Planner III] Commissioner District 5
April 2024
Collier County Hearing Examiner Page 3 Printed 4/18/2024
4. Other Business
5. Public Comments
6. Adjourn
04/25/2024
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.A
Doc ID: 28596
Item Summary: *** This item has been continued from the March 28, 2024 HEX Meeting.*** 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 ±2.27 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: 04/25/2024
Prepared by:
Title: Principal Planner – Zoning
Name: Eric Ortman
04/15/2024 8:56 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
04/15/2024 8:56 AM
Approved By:
Review:
Growth Management Community Development Department David Merino GMD Approver Skipped
04/15/2024 9:43 AM
Hearing Examiner (GMD Approvers) David Merino Review Item Completed 04/16/2024 3:53 PM
Operations & Regulatory Management Michael Stark Review Item Completed 04/17/2024 10:01 AM
Zoning Ray Bellows Review Item Completed 04/17/2024 4:05 PM
Zoning Mike Bosi Review Item Skipped 04/17/2024 4:14 PM
Zoning David Merino Review Item Skipped 04/15/2024 9:44 AM
Zoning Mike Bosi Division Director Completed 04/17/2024 4:53 PM
Unknown Jaime Cook GMCDD Reviewer Completed 04/18/2024 9:07 AM
Hearing Examiner Andrew Dickman Meeting Pending 04/25/2024 9:00 AM
3.A
Packet Pg. 4
SUPPLEMENTAL STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION – ZONING SECTION
HEARING DATE: APRIL 25, 2024 (Continued from March 28, 2024)
SUBJECT: VA-PL20230010369 – 5261 SYCAMORE GARAGE
PROPERTY OWNER: AGENT:
Jamie and Carol Lawrence Noel Davies
5261 Sycamore Drive Davies Duke, PLLC
Naples, FL 34119 1415 Panther Lane, #442
Naples, FL 34109
REQUESTED ACTION:
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 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.
PROJECT STATUS
The Hearing Examiner was scheduled to hear this item at its March 28 hearing. At the request of
the agent, the petition was continued until the April 25th hearing to allow the applicant additional
time to present his case. After the continuance was granted, the property owner and agent met with
staff. There were then additional meetings between the property owner and staff, including a site
visit to Mr. Lawrence’s property. This supplemental staff report looks at the record of activities
associated with the permitting and construction of the garage and covers materials not known by
County staff prior to drafting the March 28, 2024, staff report.
ADDITIONAL INFORMATION
The staff report for Petition PL20230010369 was written using the facts in the record, CityView,
and materials presented by the applicant’s agent. Facts in the record showed a carport built without
a permit encroaching roughly 22 feet into the 30-foot side yard setback, a permitted garage built
37 feet into the 75-foot rear setback, and previous code enforcement cases, one of which remained
open at the time of drafting the staff report.
3.A.a
Packet Pg. 5 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
The initial justification given for the encroachment of both structures (garage and carport) was due
to an “inadvertent mistake by the applicant.” Additional justification for the location of the 80x50
garage was to 1) “accommodate the existence of native vegetation south of the structure,” 2)
“invasive exotic species were removed as part of the construction,” 3) “the applicant was directed
by multiple County representatives to construct the structure in its current location.”
The land south of the structure had been cleared, so the native vegetation argument made no sense.
Removal of invasive species would only increase the building area and not negatively impact a
structure’s location. County representatives do not direct anyone to knowingly build in the setback.
Given the above, staff was left with no choice but to recommend denial of the petition.
While staff must still recommend denial of the petition due to the lack of a land-based hardship
not created by the applicant, this addendum presents several mitigating circumstances for the
consideration of the Hearing Examiner that staff was unaware of when drafting the staff report.
In addition to the material below, Attachment 1 is a chronological listing of the permitting and
construction activities and other relevant documents that have been uploaded to CityView, which
is the County’s database for tracking all activities.
Code Cases
CESD20230009659 is the sole current code case; it is for both the unpermitted carport and an
unpermitted pergola attached to the main house. Both structures have been removed, and the code
case has been closed. The carport was built without a permit and built well into the setback. Per
discussions with the homeowner, Mr. Lawrence stated his intention to use the carport as temporary
storage while constructing the garage. It was his intention to then move the carport next to the
garage to provide additional storage space. Staff conducted a site visit, and it was visually evident
that the carport was built in such a manner that it could easily be moved.
Figure 1 at the top of the next page shows the carport in the early stages of deconstruction. Figure
2 shows a fabricated metal collar that was anchored to the concrete slab; the vertical timbers were
then set inside and anchored to the collars allowing for future removal of the timbers to move the
entire carport to its final location. Figure 3 shows that the carport has been completely removed.
Figures 1-7 were provided by the homeowner.
3.A.a
Packet Pg. 6 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
Deconstruction of Carport at 5261 Sycamore Drive
Fig. 1
Fig. 3
Fig. 2
3.A.a
Packet Pg. 7 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
1,000-gallon Underground Propane Tank
Mr. Lawrence owns Elite Cabinetry and stores cabinets in the front part of the garage. No work is
performed on the cabinets in the garage; the work is performed at the job site. The rear part of the
garage is used for personal storage and contains a small woodworking shop for Mr. Lawrence’s
personal use.
There is a 1,000-gallon underground propane tank; the edge of the tank is 76 feet from the front of
the building (Figs. 4-6). If the building were moved 38 feet forward so that it met the 75-foot
setback, there would be 38 feet between the building’s front and the edge of the underground
propane tank.
Fig. 7 was taken from the southwest corner of the garage. The photo shows an 18-foot box truck;
cabinets are usually delivered in a 26-foot box truck. If the building were moved 38 feet forward
so that it met the 75-foot setback, there would be 38 feet between the building’s front and the edge
of an underground propane tank. This would leave 12 feet between the front of the
truck and front edge of the tank for a truck to maneuver. A margin of safety needs to be maintained
between the front of the truck and the tank to not risk rupturing the tank.
The left cone in the red box in Figure
7 represents the eastern edge of the
garage. The right cone is
approximately 20 feet from the left
corner and represents the western
edge of the door on the right
(eastern) side of the garage.
76’
Fig. 4
76’
Fig. 5
Fig. 6
Tank Center
Tank Edge
Fig. 7
3.A.a
Packet Pg. 8 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
Low Visibility of Garage and Letters of No Objection.
The garage is shown in the middle of Fig. 8 below. There is 138 feet of mature vegetation between
any point of the garage and the next closest structure. The unpermitted shed shown just to the left
of the garage has been disassembled. Attachment 2 contains the five letters of no objection from
the five abutting neighbors and a petition of no objection signed by 14 other nearby neighbors.
Additional Information
By opting to construct the garage via a private provider, the ultimate responsibility falls to Mr.
Lawrence. Mr. Lawrence has stated that the last set of plans that he was aware of showed the
building with setbacks of 75.5 feet rear and 35.5 feet side. Mr. Lawrence, who was on site when
the concrete was poured, checked with the concrete foreman and surveyor prior to the release of
the concrete. Per Mr. Lawrence, both gentlemen stated that the concrete forms were in the correct
location.
The garage is a prefabricated metal structure. The panels of the structure are bolted together.
Moving the structure in its entirety would involve a significant potentially catastrophic risk to the
building. The building’s interior has been sprayed with foam insulation. Disassembling the
structure would require removing the foam insulation to expose the bolts holding the vertical wall
panels in place and the overlapping seams between each panel. While this is a feasible alternative,
it would involve a significant amount of labor. Invariably, when attempting to put a prefabricated
structure back together after it has been dismantled involves its own set of risks to the structure’s
integrity and often requires adjustments to the building’s pieces that can cause its own set of
problems.
Garage in petition.
Shed which has been
removed.
Garage in petition.
Shed which has been
removed.
Fig. 8
3.A.a
Packet Pg. 9 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
Recommendation
Staff must base its variance petition recommendations on how the LDC 9.04.03 criteria are met.
Mr. Lawrence decided to use a private provider route and, as the homeowner, is ultimately
responsible for the actions of those constructing, engineering, surveying, and inspecting the
garage. Staff’s recommendation in the first staff report was based on the facts in the record at the
time and the fact that no justifiable land-based hardship had been demonstrated. Staff’s
recommendation of denial, based on the lack of a land-based hardship, remains. However, staff
believes that there are mitigating factors that were not known at the time the staff report was written
that are worthy of consideration by the Hearing Examiner.
3.A.a
Packet Pg. 10 Attachment: Supplemental Staff Report - VA-PL20230010369 [Revision 1] (28596 : PL20230010369 Sycamore Variance)
Attachment 1 Supplemental Documents 1. Permitting and Construction Documents Uploaded to CityView (chronological order) 2. Private Provider Package 3. Spot Survey and Site Plan Requirements 4. Approved Construction Documents 3.A.b
Packet Pg. 11 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Chronological List of All Documents Uploaded to City View for PRCP20221046220 3.A.b
Packet Pg. 12 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Chronological List of Permit and Inspections Activities PRCP20221046220 3.A.b
Packet Pg. 13 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Chronological List of Permit and Inspections Activities PRCP20221046220 (con’t) 3.A.b
Packet Pg. 14 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
3.A.bPacket Pg. 15Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
3.A.bPacket Pg. 16Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
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3.A.bPacket Pg. 18Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
3.A.bPacket Pg. 19Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Bulletin #21: Survey & Elevation Certificate Requirements
Date: August 1, 2018
Effective Date: September 4, 2018
Amended: July 26th , 2023
To: All Staff
From: Fred Clum
Chief Building Official
Subject: Requirements for 10-Day Spot Survey, Certified Site Plan and in Lieu of Certified Site Plan
Requirements, and Elevation Certificates
DEFINITIONS:
10-Day Spot Survey: A survey prepared by a Florida registered surveyor and mapper that locates any new
construction or any changes in existing building footprints approved on the Certified Site Plan. This survey shall
be submitted no later than 10 days following the establishment of the lowest floor, which may be a slab, frame
assembly, pylon(s), or any construction that is 30 inches above soil grade. The survey shall show
setbacks/distances from the new construction to the adjacent property lines, the distance of separation
between structures on the subject property as well as neighboring structures, if applicable, and include
elevation of the lowest floor, the garage floor, and the adjacent crown of road. If the property has a South
Florida Water Management District (SFWMD) permit, the 10-Day Spot Survey shall identify the established
minimum finished floor elevation and SFWMD permit number. If the property has received a Letter of Map
Change, the case number shall also be provided.
Certified Site Plan: A plan prepared, signed, and sealed by a licensed Florida professional surveyor and
mapper, architect or engineer, who is familiar with County zoning and setback requirements, showing property
lines, setbacks, easements, water bodies, and all existing and proposed structures to be submitted with the
building permit application. The plan shall identify the elevation of the crown of the road, Flood Zone, FEMA’s
Base Flood Elevation (BFE), and show that the construction of the lowest floor meets the higher elevation of
the following criteria: 1) BFE plus 1 foot as shown on the current effective Flood Insurance Rate Map (FIRM)
(or Digital Flood Insurance Rate Map (DFIRM)); 2) SFWMD permit; or 3) if no SFWMD permit, a minimum of 18
inches above the crown of the nearest street or interior finished roadway system if finished with paving or 24
inches above the crown of the road if graded or otherwise unfinished.
3.A.b
Packet Pg. 20 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Page 2 of 3
Affidavit in Lieu of Certified Site Plan: A statement of fact voluntarily made by an affiant under affirmation
before a notary. The affiant affirms that all work to be performed under the specified permit shall confirm to
all applicable setbacks and easement requirements established by Collier County and/or any other applicable
agency. Additionally, the affiant affirms that should any work performed under the specified permit result in
nonconformity with any setbacks or easements, the property owner shall have no sustainable rebuttal against
Collier County and will immediately remediate the nonconformity at no expense to Collier County.
Elevation Certificate: The National Flood Insurance Program (NFIP) Elevation Certificate (FEMA form 086-0-33)
is an administrative tool of the NFIP which is to be used to provide elevation information necessary to ensure
compliance with Florida Building Code and the Collier County Flood Damage Prevention Ordinance, as well as
to determine the proper insurance premium rate or support a request for a Letter of Map Change. The
certificate is prepared by a professional surveyor and mapper, registered in the State of Florida. Collier County
is required to obtain and maintain Elevation Certificates for all new and substantially improved structures.
The elevation information is provided relative to sea level (0 NAVD). There are three possible Elevation
Certificate submittals: Construction Drawings, Under Construction, and Finished Construction.
Required documents for building permit application, during construction, and to obtain a certificate of
occupancy/completion
Permit Application: A Certified Site Plan not older than 6 months is required when applying for a building
permit for any new construction, additions, or alterations that modify the building footprint.
During Construction: Building permits for new construction, additions, or alterations that modify the building
footprint will require a 10-Day Spot Survey and must be submitted within ten days of and the establishment of
the lowest floor, which may be a slab, frame assembly, pylon(s), etc.
If the structure is located within one or more of the following flood zones: VE, AE, AH or A, an
Under-Construction Elevation Certificate must be submitted along with the 10-Day Spot Survey. Elevation
Certificate Sections A and B must be completed in full and consistent with the approved construction plans.
Elevation Certificate Section C should include only those elevations that can be surveyed, such as C2a and C2d.
If the approved plans indicate a garage slab, the elevation of the garage slab must be provided in Elevation
Certificate Section C2d. Pictures capturing of all sides of the building are required and must be labeled (e.g.
front, rear, right side, left side). Prior to obtaining County approval of the Under-Construction Elevation
Certificate, the permit holder’s construction activities are at his/her own risk. Note:
Manufactured Homes are not required to submit an Under-Construction Elevation Certificate.
An "Inspection HOLD" will be placed on permits that have not turned in an approved 10-Day Spot Survey and
an Under-Construction Elevation Certificate within the required time period.
Certificate of Occupancy/Completion: A Finished Construction Elevation Certificate is required for new
construction and may be required for additions and/or alterations located in one or more of the following
flood zones: VE, AE, AH or A. A Finished Construction Elevation Certificate must be submitted when all
machinery and/or equipment such as A/C, pool equipment, generators, elevators, etc. has been installed and
the grading around the building is complete. In cases where the approved exterior equipment is not yet
installed, a separate
3.A.b
Packet Pg. 21 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Page 3 of 3
Elevation Certificate may be provided for the equipment.
**Please follow the Elevation Certificate Checklist, following this bulletin, when completing the Finished
Construction Elevation Certificate.
Special Permit Requirements:
1 & 2 family swimming pools and associated screen enclosure’s Certified Site Plan and survey Requirements:
1.Swimming Pools: A Certified Site Plan shall be submitted with the permit application for all 1 & 2
family swimming pools, unless not required per exceptions below. A 10Day Spot Survey shall be
required after completion of the pool shell, unless a screen enclosure permit has been applied for.
2.Screen Enclosures associated with swimming pools: A copy of the Certified Site Plan used for the
pool may be used to apply for the screen enclosure along with the Affidavit in Lieu of a Certified
Site Plan form (see link above) when applying for the permit. The enclosure shall be depicted and
accurate in the Certified Site Plan. A final spot survey shall be required for the screen enclosure
with a note identifying it is a screen enclosed pool area.
Note: If the screen enclosure and swimming pool setback requirements differ, the survey must specify the
setbacks for both the swimming pool shell and screen enclosure.
Exceptions to the Certified Site Plan Requirement
A completed and notarized Affidavit in Lieu of a Certified Site Plan form shall be included with the permit
application for any permit not required to submit a Certified Site Plan.
1.Permits for improvements to an existing structure that does not modify the existing building
footprint, such as interior remodels, are not required to submit a Certified Site Plan. Note:
Conversion of screened porches to principal living space may change the minimum floor elevation
and/or setback requirements. An existing condition survey or site plan (uncertified) drawn to scale
indicating the location of improvements must be included to show the location of
improvements/alterations.
2.Structures with less than 400 sq. ft. of additional impervious area shall not require a Certified Site
Plan. A survey or site plan (uncertified) drawn to scale indicating the location of the proposed
structure or addition meeting the current setback requirements may be used. A 10-Day Spot
Survey is required.
Important: At any time during construction the Building Official may require a survey, or an Elevation
Certificate be provided by a Florida licensed surveyor if deemed necessary.
History: Replaces Building Block A-128, Updated for consistency and changes to appendix checklist
3.A.b
Packet Pg. 22 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
381'"
0""
ELECTROLUXFRONTLOADWASHEREFLS617S
ELECTROLUXFRONTLOADDRYEREFME617S
19196.3660'
NEW FOOTINGFOR 4" X 4" STEELCOLUMN 14" WALL THICKNESS
ALL COLD POUR CONCRETE TOBE RE-ROD TO EXISTING SLABVIA #2 ROD EVERY 12 " O.C.TYP WERE APPLICABLE
NEW FOOTINGFOR 4" X 4" STEELCOLUMN 14" WALL THICKNESS
ALL COLD POUR CONCRETE TO
BE RE-ROD TO EXISTING SLABVIA #2 ROD EVERY 12 " O.C.TYP WERE APPLICABLE
8" x16" POURED IN PLACE COLUMNQTY 4 CD. #5 RE-ROD STRAP 8" O.C.ELECTROLUXFRONTLOADWASHEREFLS617SELECTROLUXFRONTLOADWASHEREFLS617S34'-0"
50'-0"
34'-0"
80'-0"
150'
34'-0"
50'-0"
34'-0"
80'-0"
150'
CABINETRY NOTES:
1. ALL DIMENSIONS SHOWN ARE FINISHED
MATERIAL TO FINISHED MATERIAL, UNLESS
OTHERWISE NOTED.
2. ALL ELECTRICAL, VENTING & PLUMBING SHALL
BE THE RESPONSIBILITY OF THE CLIENT, UNLESS
OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL INSTALL ANY
DECOR PANELS AND/OR CUT OPENINGS FOR
APPLIANCES IN CABINETRY.
4. ELITE CABINETRY, INC. WILL FIELD MEASURE
ALL CONDITIONS PRIOR TO FABRICATION. ELITE
CABINETRY, INC. WILL NOT BE RESPONSIBLE FOR
JOB SITE OR APPLIANCE CHANGES AFTER
APPROVAL.
GENERAL CONDITIONS:
1. ALL APPLIANCES, COUNTERTOPS, FLOORING,
LIGHTING, SPECIALTY GLASS, MIRRORS AND
PLUMBING FIXTURES TO BE SUPPLIED AND
INSTALLED BY OTHERS UNLESS OTHERWISE
NOTED.
2. ANY CHANGES TO THE WALLS TO SUPPORT
THE CABINETRY DESIGN TO BE PERFORMED BY
OTHERS UNLESS OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL FURNISH ONLY
THE MILLWORK AND ARCHITECTURAL
ORNAMENTATION CLEARLY DELINEATED IN OUR
SHOP DRAWINGS. ALL ADDITIONAL CASEWORK
TO BE SUPPLIED, INSTALLED AND FINISHED BY
OTHERS UNLESS OTHERWISE NOTED.
4. FINISH FLOORING MATERIALS TO BE
INSTALLED BY OTHERS BEFORE CABINET
INSTALLATION TO COMMENCE.
PROPRIETARY NOTES:
1. ELITE CABINETRY, INC. HEREBY RESERVES ITS
COMMON LAW COPYRIGHT AND OTHER
PROPERTY RIGHTS IN THESE DESIGNS & IDEAS.
PLANS ARE NOT TO BE REPRODUCED, CHANGED
OR COPIED IN ANY FORM OR MANNER
WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY. ALL PLANS THAT ARE
SHOWN HERE ARE A COMPLETE SET OF
DRAWINGS.
2. THE PLANS REMAIN THE PROPERTY OF ELITE
CABINETRY, INC. AND CANNOT BE USED
WITHOUT WRITTEN PERMISSION FROM ELITE
CABINETRY, INC.
3. ELITE CABINETRY, INC. ASSUMES NO
RESPONSIBILITY FOR THE LAYOUT OF THIS
FLOOR PLAN, UNLESS THE WORK IS
CONTRACTED BY ELITE CABINETRY, INC.Exclusive Dealer for:5435 Jaeger Rd. Suite 101NAPLES, FL 34109OFFICE: 239.262.1144FAX: 239.262.5335DESIGNERCITY, STATEJOB ADDRESSCLIENT/JOBDRAFTER:
SHEET:
DATE:CLIENT APPROVAL DATEREVISIONS:
NO.DATE
LEGEND:
SCALE:
OF
= 1'-0"
THRID ANGLE PROJECTIONMETAL BUILDINGLAWRENCE RESIDENCELawrencece5261 Sycamore Dr.Naples FLJ. Lawrence01 01
8-15-22
JAL
N/A/
A X-X-XXXX
RELEASE
FOR
REVIEW
660'
3.A.b
Packet Pg. 23 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
381'"
0""
ELECTROLUXFRONTLOADWASHEREFLS617S
ELECTROLUXFRONTLOADDRYEREFME617S
19196.3660'
NEW FOOTINGFOR 4" X 4" STEELCOLUMN 14" WALL THICKNESS
ALL COLD POUR CONCRETE TOBE RE-ROD TO EXISTING SLABVIA #2 ROD EVERY 12 " O.C.TYP WERE APPLICABLE
NEW FOOTINGFOR 4" X 4" STEELCOLUMN 14" WALL THICKNESS
ALL COLD POUR CONCRETE TO
BE RE-ROD TO EXISTING SLABVIA #2 ROD EVERY 12 " O.C.TYP WERE APPLICABLE
8" x16" POURED IN PLACE COLUMNQTY 4 CD. #5 RE-ROD STRAP 8" O.C.ELECTROLUXFRONTLOADWASHEREFLS617SELECTROLUXFRONTLOADWASHEREFLS617S34'-0"
50'-0"
34'-0"
80'-0"
150'
34'-0"
50'-0"
34'-0"
80'-0"
150'
CABINETRY NOTES:
1. ALL DIMENSIONS SHOWN ARE FINISHED
MATERIAL TO FINISHED MATERIAL, UNLESS
OTHERWISE NOTED.
2. ALL ELECTRICAL, VENTING & PLUMBING SHALL
BE THE RESPONSIBILITY OF THE CLIENT, UNLESS
OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL INSTALL ANY
DECOR PANELS AND/OR CUT OPENINGS FOR
APPLIANCES IN CABINETRY.
4. ELITE CABINETRY, INC. WILL FIELD MEASURE
ALL CONDITIONS PRIOR TO FABRICATION. ELITE
CABINETRY, INC. WILL NOT BE RESPONSIBLE FOR
JOB SITE OR APPLIANCE CHANGES AFTER
APPROVAL.
GENERAL CONDITIONS:
1. ALL APPLIANCES, COUNTERTOPS, FLOORING,
LIGHTING, SPECIALTY GLASS, MIRRORS AND
PLUMBING FIXTURES TO BE SUPPLIED AND
INSTALLED BY OTHERS UNLESS OTHERWISE
NOTED.
2. ANY CHANGES TO THE WALLS TO SUPPORT
THE CABINETRY DESIGN TO BE PERFORMED BY
OTHERS UNLESS OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL FURNISH ONLY
THE MILLWORK AND ARCHITECTURAL
ORNAMENTATION CLEARLY DELINEATED IN OUR
SHOP DRAWINGS. ALL ADDITIONAL CASEWORK
TO BE SUPPLIED, INSTALLED AND FINISHED BY
OTHERS UNLESS OTHERWISE NOTED.
4. FINISH FLOORING MATERIALS TO BE
INSTALLED BY OTHERS BEFORE CABINET
INSTALLATION TO COMMENCE.
PROPRIETARY NOTES:
1. ELITE CABINETRY, INC. HEREBY RESERVES ITS
COMMON LAW COPYRIGHT AND OTHER
PROPERTY RIGHTS IN THESE DESIGNS & IDEAS.
PLANS ARE NOT TO BE REPRODUCED, CHANGED
OR COPIED IN ANY FORM OR MANNER
WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY. ALL PLANS THAT ARE
SHOWN HERE ARE A COMPLETE SET OF
DRAWINGS.
2. THE PLANS REMAIN THE PROPERTY OF ELITE
CABINETRY, INC. AND CANNOT BE USED
WITHOUT WRITTEN PERMISSION FROM ELITE
CABINETRY, INC.
3. ELITE CABINETRY, INC. ASSUMES NO
RESPONSIBILITY FOR THE LAYOUT OF THIS
FLOOR PLAN, UNLESS THE WORK IS
CONTRACTED BY ELITE CABINETRY, INC.Exclusive Dealer for:5435 Jaeger Rd. Suite 101NAPLES, FL 34109OFFICE: 239.262.1144FAX: 239.262.5335DESIGNERCITY, STATEJOB ADDRESSCLIENT/JOBDRAFTER:
SHEET:
DATE:CLIENT APPROVAL DATEREVISIONS:
NO.DATE
LEGEND:
SCALE:
OF
= 1'-0"
THRID ANGLE PROJECTIONMETAL BUILDINGLAWRENCE RESIDENCELawrencece5261 Sycamore Dr.Naples FLJ. Lawrence01 01
8-15-22
JAL
N/A/
A X-X-XXXX
RELEASE
FOR
REVIEW
660'
3.A.b
Packet Pg. 24 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
PROPOSED METAL BUILDING FINISH
ELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9'
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OF
ASPHALT
35'-5"
75'-5"
240'
150'"
38'-10""
141"
169"
132.5
140.5
ELEC PAN
8'-0"
TRAY DIVIDERSTRAY DIVIDERS
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
210'.1"
PROPOSED METAL BUILDING FINISH
ELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9'
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OF
ASPHALT
149.96.5
20'
30'
16.5'
35'-5"
75'-5"
CONCRETE SLAB
150'
14'
240'
EXISITING FINISH ELEVATION
AT 14.7' + NAVD
BASE FLOOD ELEVATION AT 12.50' + NAVD
SITE PLANE & DRAINAGE
CROWN OF ROAD 12.1' + NAVD
NORTH
CABINETRY NOTES:
1. ALL DIMENSIONS SHOWN ARE FINISHED
MATERIAL TO FINISHED MATERIAL, UNLESS
OTHERWISE NOTED.
2. ALL ELECTRICAL, VENTING & PLUMBING SHALL
BE THE RESPONSIBILITY OF THE CLIENT, UNLESS
OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL INSTALL ANY
DECOR PANELS AND/OR CUT OPENINGS FOR
APPLIANCES IN CABINETRY.
4. ELITE CABINETRY, INC. WILL FIELD MEASURE
ALL CONDITIONS PRIOR TO FABRICATION. ELITE
CABINETRY, INC. WILL NOT BE RESPONSIBLE FOR
JOB SITE OR APPLIANCE CHANGES AFTER
APPROVAL.
GENERAL CONDITIONS:
1. ALL APPLIANCES, COUNTERTOPS, FLOORING,
LIGHTING, SPECIALTY GLASS, MIRRORS AND
PLUMBING FIXTURES TO BE SUPPLIED AND
INSTALLED BY OTHERS UNLESS OTHERWISE
NOTED.
2. ANY CHANGES TO THE WALLS TO SUPPORT
THE CABINETRY DESIGN TO BE PERFORMED BY
OTHERS UNLESS OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL FURNISH ONLY
THE MILLWORK AND ARCHITECTURAL
ORNAMENTATION CLEARLY DELINEATED IN OUR
SHOP DRAWINGS. ALL ADDITIONAL CASEWORK
TO BE SUPPLIED, INSTALLED AND FINISHED BY
OTHERS UNLESS OTHERWISE NOTED.
4. FINISH FLOORING MATERIALS TO BE
INSTALLED BY OTHERS BEFORE CABINET
INSTALLATION TO COMMENCE.
PROPRIETARY NOTES:
1. ELITE CABINETRY, INC. HEREBY RESERVES ITS
COMMON LAW COPYRIGHT AND OTHER
PROPERTY RIGHTS IN THESE DESIGNS & IDEAS.
PLANS ARE NOT TO BE REPRODUCED, CHANGED
OR COPIED IN ANY FORM OR MANNER
WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY. ALL PLANS THAT ARE
SHOWN HERE ARE A COMPLETE SET OF
DRAWINGS.
2. THE PLANS REMAIN THE PROPERTY OF ELITE
CABINETRY, INC. AND CANNOT BE USED
WITHOUT WRITTEN PERMISSION FROM ELITE
CABINETRY, INC.
3. ELITE CABINETRY, INC. ASSUMES NO
RESPONSIBILITY FOR THE LAYOUT OF THIS
FLOOR PLAN, UNLESS THE WORK IS
CONTRACTED BY ELITE CABINETRY, INC.Exclusive Dealer for:5435 Jaeger Rd. Suite 101NAPLES, FL 34109OFFICE: 239.262.1144FAX: 239.262.5335DESIGNERCITY, STATEJOB ADDRESSCLIENT/JOBDRAFTER:
SHEET:
DATE:CLIENT APPROVAL DATEREVISIONS:
NO.DATE
LEGEND:
SCALE:
OF
= 1'-0"
THRID ANGLE PROJECTIONMETAL BUILDINGLAWRENCE RESIDENCELawrence Residence5261 Sycamore DrNaples,FL,J. Lawrence01 01
8-15-2022
JAL
N/A
A 8-25-22
RELEASE
FOR
REVIEW
B 12-2-22
RELEASE
WITH
CORRECTIONS
3.A.b
Packet Pg. 25 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
PROPOSED METAL BUILDING FINISH
ELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9'
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OF
ASPHALT
35'-5"
75'-5"
240'
150'"
38'-10""
141"
169"
132.5
140.5
ELEC PAN
8'-0"
TRAY DIVIDERSTRAY DIVIDERS
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
210'.1"
PROPOSED METAL BUILDING FINISH
ELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9'
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OF
ASPHALT
149.96.5
20'
30'
16.5'
35'-5"
75'-5"
CONCRETE SLAB
150'
14'
240'
EXISITING FINISH ELEVATION
AT 14.7' + NAVD
BASE FLOOD ELEVATION AT 12.50' + NAVD
SITE PLANE & DRAINAGE
CROWN OF ROAD 12.1' + NAVD
NORTH
CABINETRY NOTES:
1. ALL DIMENSIONS SHOWN ARE FINISHED
MATERIAL TO FINISHED MATERIAL, UNLESS
OTHERWISE NOTED.
2. ALL ELECTRICAL, VENTING & PLUMBING SHALL
BE THE RESPONSIBILITY OF THE CLIENT, UNLESS
OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL INSTALL ANY
DECOR PANELS AND/OR CUT OPENINGS FOR
APPLIANCES IN CABINETRY.
4. ELITE CABINETRY, INC. WILL FIELD MEASURE
ALL CONDITIONS PRIOR TO FABRICATION. ELITE
CABINETRY, INC. WILL NOT BE RESPONSIBLE FOR
JOB SITE OR APPLIANCE CHANGES AFTER
APPROVAL.
GENERAL CONDITIONS:
1. ALL APPLIANCES, COUNTERTOPS, FLOORING,
LIGHTING, SPECIALTY GLASS, MIRRORS AND
PLUMBING FIXTURES TO BE SUPPLIED AND
INSTALLED BY OTHERS UNLESS OTHERWISE
NOTED.
2. ANY CHANGES TO THE WALLS TO SUPPORT
THE CABINETRY DESIGN TO BE PERFORMED BY
OTHERS UNLESS OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL FURNISH ONLY
THE MILLWORK AND ARCHITECTURAL
ORNAMENTATION CLEARLY DELINEATED IN OUR
SHOP DRAWINGS. ALL ADDITIONAL CASEWORK
TO BE SUPPLIED, INSTALLED AND FINISHED BY
OTHERS UNLESS OTHERWISE NOTED.
4. FINISH FLOORING MATERIALS TO BE
INSTALLED BY OTHERS BEFORE CABINET
INSTALLATION TO COMMENCE.
PROPRIETARY NOTES:
1. ELITE CABINETRY, INC. HEREBY RESERVES ITS
COMMON LAW COPYRIGHT AND OTHER
PROPERTY RIGHTS IN THESE DESIGNS & IDEAS.
PLANS ARE NOT TO BE REPRODUCED, CHANGED
OR COPIED IN ANY FORM OR MANNER
WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY. ALL PLANS THAT ARE
SHOWN HERE ARE A COMPLETE SET OF
DRAWINGS.
2. THE PLANS REMAIN THE PROPERTY OF ELITE
CABINETRY, INC. AND CANNOT BE USED
WITHOUT WRITTEN PERMISSION FROM ELITE
CABINETRY, INC.
3. ELITE CABINETRY, INC. ASSUMES NO
RESPONSIBILITY FOR THE LAYOUT OF THIS
FLOOR PLAN, UNLESS THE WORK IS
CONTRACTED BY ELITE CABINETRY, INC.Exclusive Dealer for:5435 Jaeger Rd. Suite 101NAPLES, FL 34109OFFICE: 239.262.1144FAX: 239.262.5335DESIGNERCITY, STATEJOB ADDRESSCLIENT/JOBDRAFTER:
SHEET:
DATE:CLIENT APPROVAL DATEREVISIONS:
NO.DATE
LEGEND:
SCALE:
OF
= 1'-0"
THRID ANGLE PROJECTIONMETAL BUILDINGLAWRENCE RESIDENCELawrence Residence5261 Sycamore DrNaples,FL,J. Lawrence01 01
8-15-2022
JAL
N/A
A 8-25-22
RELEASE
FOR
REVIEW
B 12-2-22
RELEASE
WITH
CORRECTIONS
C 1-18-22
RELEASE
WITH
CORRECTIONS
3.A.b
Packet Pg. 26 Attachment: Attachment 1 - Related Documents (28596 : PL20230010369 Sycamore Variance)
Attachment 2 Letters of No Objection 3.A.c
Packet Pg. 27 Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 28Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 29Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 30Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 31Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 32Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 33Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.cPacket Pg. 34Attachment: Attachment 2 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.dPacket Pg. 35Attachment: Attachment 3 - Affidavit of Posting Sign 4-25 (28596 : PL20230010369 Sycamore Variance)
3.A.d
Packet Pg. 36 Attachment: Attachment 3 - Affidavit of Posting Sign 4-25 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
-1 -
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 Noel Davies, Esq.
5261 Sycamore Drive Davies Duke, PLLC
Naples, FL 34119 1415 Panther Lane, #442
Naples, FL 34109
REQUESTED ACTION:
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 §4.02.01.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.)
3.A.e
Packet Pg. 37 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive - 2 -3.A.ePacket Pg. 38Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369
VA-PL20230010369 – 5261 Sycamore Drive
-3 -
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
Collier County Zoning Map
3.A.e
Packet Pg. 39 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
-4 -
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
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
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
dimensional variances but refers variances to the Land Development Code. The garage is
consistent with the GMP.
Collier County GIS Zoning Map
3.A.e
Packet Pg. 40 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
-5 -
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 1 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.
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
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
3.A.e
Packet Pg. 41 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
- 6 -
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 (11/1/23) 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.
April 2023
Pergola
50x80
Structure
Unpermitted
Carport
February 2017
3.A.e
Packet Pg. 42 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
- 7 -
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
of the unpermitted 32-foot by 32-foot open-air/roof-
only carport was due to an “inadvertent error.”
Subsequent justification for the location of the garage
was 1) to accommodate existing native vegetation to the
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
3.A.e
Packet Pg. 43 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
- 8 -
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,
3.A.e
Packet Pg. 44 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
- 9 -
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.
G. 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 2) 5300 Tamarind
3) 5270 Tamarind 4) 5250 Tamarind
5) 5253 Sycamore
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.
5
423
1
3.A.e
Packet Pg. 45 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
VA-PL20230010369 – 5261 Sycamore Drive
- 10 -
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
3.A.e
Packet Pg. 46 Attachment: Staff Report VA-PL20230010369 Sycamore Circle 03012024 (28596 : PL20230010369 Sycamore Variance)
Attachment 1 Building Permit Application for 50’ x 80’ Metal Structure 3.A.f
Packet Pg. 47 Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
3.A.fPacket Pg. 48Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
3.A.fPacket Pg. 49Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
3.A.fPacket Pg. 50Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
3.A.fPacket Pg. 51Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
3.A.fPacket Pg. 52Attachment: Attachment 1 - Permit Application (28596 : PL20230010369 Sycamore Variance)
Attachment 2 Private Provider Package from Naples Design and Consulting, Inc. 3.A.g
Packet Pg. 53 Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
3.A.gPacket Pg. 54Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
3.A.gPacket Pg. 55Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
3.A.gPacket Pg. 56Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
3.A.gPacket Pg. 57Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
3.A.gPacket Pg. 58Attachment: Attachment 2 - Private Provider Package (28596 : PL20230010369 Sycamore Variance)
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
PROPOSED METAL BUILDING FINISH
ELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9'
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OF
ASPHALT
35'-5"
75'-5"
240'
150'"
38'-10""
41"
169
132.5
140.5
ELEC PANELEC PAN
132 5
40 5144
11
169"
8'-0"80
TRAY DIVIDERSTRAY DIVIDERS
35'-5"
75'-5"
50'-0"
80'-0"
20'-2"
210'.1"
PROPOSED METAL BUILDING FINISHELEVATION AT 14.7' + NAVD
SHELL STONE ,PERVIOUS
REAR LOT LINE
WEST LOT LINEEAST LOT LINE31.9''
31.9'7.9'
12.8'
65.4'
COVERED STORGE
END OFASPHALT
149.96.5
20'
30'
16.5'
35'-5"
75'-5"
CONCRETE SLAB
150'
14'
240'
EXISITING FINISH ELEVATIONAT 14.7' + NAVD
BASE FLOOD ELEVATION AT 12.50' + NAVD
SITE PLANE & DRAINAGE
CROWN OF ROAD 12.1' + NAVD
NORTH
CABINETRY NOTES:
1. ALL DIMENSIONS SHOWN ARE FINISHED
MATERIAL TO FINISHED MATERIAL, UNLESS
OTHERWISE NOTED.
2. ALL ELECTRICAL, VENTING & PLUMBING SHALLBE THE RESPONSIBILITY OF THE CLIENT, UNLESSOTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL INSTALL ANY
DECOR PANELS AND/OR CUT OPENINGS FOR
APPLIANCES IN CABINETRY.
4. ELITE CABINETRY, INC. WILL FIELD MEASUREALL CONDITIONS PRIOR TO FABRICATION. ELITE
CABINETRY, INC. WILL NOT BE RESPONSIBLE FOR
JOB SITE OR APPLIANCE CHANGES AFTER
APPROVAL.
GENERAL CONDITIONS:
1. ALL APPLIANCES, COUNTERTOPS, FLOORING,
LIGHTING, SPECIALTY GLASS, MIRRORS AND
PLUMBING FIXTURES TO BE SUPPLIED AND
INSTALLED BY OTHERS UNLESS OTHERWISE
NOTED.
2. ANY CHANGES TO THE WALLS TO SUPPORTTHE CABINETRY DESIGN TO BE PERFORMED BY
OTHERS UNLESS OTHERWISE NOTED.
3. ELITE CABINETRY, INC. WILL FURNISH ONLY
THE MILLWORK AND ARCHITECTURAL
ORNAMENTATION CLEARLY DELINEATED IN OURSHOP DRAWINGS. ALL ADDITIONAL CASEWORKTO BE SUPPLIED, INSTALLED AND FINISHED BY
OTHERS UNLESS OTHERWISE NOTED.
4. FINISH FLOORING MATERIALS TO BE
INSTALLED BY OTHERS BEFORE CABINETINSTALLATION TO COMMENCE.
PROPRIETARY NOTES:
1. ELITE CABINETRY, INC. HEREBY RESERVES ITS
COMMON LAW COPYRIGHT AND OTHER
PROPERTY RIGHTS IN THESE DESIGNS & IDEAS.PLANS ARE NOT TO BE REPRODUCED, CHANGEDOR COPIED IN ANY FORM OR MANNER
WHATSOEVER, NOR ARE THEY TO BE ASSIGNED
TO ANY THIRD PARTY. ALL PLANS THAT ARE
SHOWN HERE ARE A COMPLETE SET OF
DRAWINGS.
2. THE PLANS REMAIN THE PROPERTY OF ELITECABINETRY, INC. AND CANNOT BE USED
WITHOUT WRITTEN PERMISSION FROM ELITE
CABINETRY, INC.
3. ELITE CABINETRY, INC. ASSUMES NORESPONSIBILITY FOR THE LAYOUT OF THISFLOOR PLAN, UNLESS THE WORK IS
CONTRACTED BY ELITE CABINETRY, INC.Exclusive Dealer for:5435 Jaeger Rd. Suite 101NAPLES, FL 34109OFFICE: 239.262.1144FAX: 239.262.5335DESIGNERCITY, STATEJOB ADDRESSCLIENT/JOBDRAFTER:
SHEET:
DATE:CLIENT APPROVAL AL DATEREVISIONS:NO.DATE
LEGEND:
SCALE:
OF
= 1'-0"
THRID ANGLE PROJECTIONMETAL BUILDINGLAWRENCE RESIDENCELawrence Residence5261 Sycamore DrNaples,FL,J. Lawrence01 01
8-15-2022
JAL
N/A
A 8-25-22 RELEASE FOR REVIEW
B 12-2-22 RELEASE WITH CORRECTIONSSCORRECTIONOONN
CROWN OF ROAD 12 1' NAVDCROWN OF ROAD 12 1' + NAVDCROWN OF ROAD 12 1' + NAVD
C 1-18-22 RELEASE WITHCORRECTIONSSOCORRECTIONONN
Attachment 3 - Approved Site Plan 01192023
DON CAHILL Architect
AIA AR0004488 State
of Florida
Digitally signed by DON
CAHILL Architect AIA
AR0004488 State of Florida
Date: 2023.01.19 15:27:46
-05'00'
3.A.h
Packet Pg. 59 Attachment: Attachment 3 - Approved Site Plan 01192023 (28596 : PL20230010369 Sycamore Variance)
Attachment 4 - May 12, 2023 Survey
Submitted with Variance Application
Leland
DySar
d, P.L.S
Digitally signed
by Leland
DySard, P.L.S
Date:
2023.05.15
11:32:30 -04'00'
3.A.i
Packet Pg. 60 Attachment: Attachment 4 - Survey Submitted with Variance Application 5-12-23 (28596 : PL20230010369 Sycamore Variance)
PAGE 2 OF 3
REVISIONS
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BONITA SPRINGS, FLORIDA 34135
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3.A.i
Packet Pg. 61 Attachment: Attachment 4 - Survey Submitted with Variance Application 5-12-23 (28596 : PL20230010369 Sycamore Variance)
PAGE 3 OF 3
NOT VALID WITHOUT PAGES 1
AND 2 OF 3
GENERAL NOTES
ABSTRACT NOT REVIEWED
N = NORTH
S = SOUTH
E = EAST
W = WEST, OR ANY COMBINATION THEREOF
1. º = DEGREES
2. ‘ = MINUTES WHEN USED IN A BEARING
3. “ = SECONDS WHEN USED IN A BEARING
4. ‘ = FEET WHEN USED IN A DISTANCE
5. “ = INCHES WHEN USED IN A DISTANCE
6. ± = “MORE OR LESS” OR “PLUS OR MINUS”
7. A = ARC DISTANCE
8. AC = ACRES
9. A/C = AIR CONDITIONING PAD
10. AE = ACCESS EASEMENT
11. AF = ALUMINUM FENCE
12. AMUE = AVE MARIA UTILITY EASEMENT
13. B.E. = BUFFER EASEMENT
14. BM = BENCHMARK
15. BOB = BASIS OF BEARING
16. BRG = BEARING
17. C# = CURVE NUMBER
18. C = CALCULATED
19. CB = CATCH BASIN
20. CHB = CHORD BEARING
21. CHD = CHORD
22. CLF = CHAINLINK FENCE
23. CM = CONCRETE MONUMENT
24. CO = CLEAN OUT
25. COL = COLUMN
26. CONC = CONCRETE
27. CPP = CONCRETE POWER POLE
28. CSW = CONCRETE SIDEWALK
29. CTV= CABLE TV RISER
30. CUE= COLLIER COUNTY UTILITY
EASEMENT
31. D = DEED
32. DE= DRAINAGE EASEMENT
33. DH = DRILL HOLE
34. DI = DROP INLET
35. ELEC= ELECTRIC
36. EOP = EDGE OF PAVEMENT
37. EOR = EDGE OF ROAD
38. EOW = EDGE OF WATER
39. F= AS LABELED OR FOUND IN THE FIELD
40. F.A.C. = FLORIDA ADMINISTRATIVE CODE
41. FCC = FOUND CROSS CUT
42. FCM = FOUND CONCRETE MONUMENT
43. FEMA = FEDERAL EMERGENCY
MANAGEMENT AGENCY
44. FDH = FOUND DRILL HOLE
45. FFE = FINISH FLOOR ELEVATION
46. FH = FIRE HYDRANT
47. FIP = FOUND IRON PIPE
48. FIR = FOUND IRON ROD
49. FN = FOUND NAIL
50. FND = FOUND
51. FN&D = FOUND NAIL & DISC
52. FPK = FOUND PK NAIL
53. FPK&D = FOUND PK NAIL AND DISC
54. GCE = GOLF COURSE EASEMENT
55. HCP = HANDICAP PARKING
56. IE = IRRIGATION EASEMENT
57. LB = LICENSED BUSINESS
58. LBE = LANDSCAPE BUFFER EASEMENT
59. LE = LANDSCAPE EASEMENT
60. LME = LAKE MAINTENANCE EASEMENT
61. LP = LIGHT POLE
62. M = MEASURED
63. ME = MAINTENANCE EASEMENT
64. MH = MANHOLE
65. N.A.V.D. = NORTH AMERICAN VERTICAL
DATUM
66. N.G.V.D. = NATIONAL GEODETIC VERTICAL
DATUM
67. NO ID = NO IDENTIFYING MARKINGS
68. (NR) = NON-RADIAL
69. NTS= NOT TO SCALE
70. OHP= OVERHEAD POWER
71. OHU = OVERHEAD UTILITY LINE
72. O.R. = OFFICIAL RECORD BOOK
73. O/S = OFFSET
74. P = PLAT
75. PBIDDE = PELICAN BAY IMPROVEMENT
DISTRICT DRAINAGE EASEMENT
76. PC = POINT OF CURVATURE
77. PCC POINT OF COMPOUND CURVATURE
78. PCP = PERMANENT CONTROL POINT
79. PG = PAGE
80. PI = POINT OF INTERSECTION
81. PK = PARKER KALON NAIL
82. PLS = PROFESSIONAL LAND SURVEYOR
83. POB = POINT OF BEGINNING
84. POC = POINT OF COMMENCEMENT
85. PP = POWER POLE
86. PRC = POINT OF REVERSE CURVE
87. PRM = PERMANENT REFERENCE
MONUMENT
88. PSM= PROFESSIONAL SURVEYOR AND MAPPER
89. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT
90. PUE = PUBLIC UTILITY EASEMENT
91. PT = POINT OF TANGENCY
92. PVS = PAVERS
93. Q.W.P.E. = QUAIL WEST PERPETUAL EASEMENT
94. ( R ) = RADIAL
95. R = RADIUS
96. RING = ITEM DETECTED BY METAL DETECTOR BUT
NOT RECOVERED
97. RNG= RANGE
98. ROW = RIGHT-OF-WAY
99. RR SPK = RAILROAD SPIKE
100. SAT= SATELLITE DISH
101. SDE = STREET DRAINAGE EASEMENT
102. SEC = SECTION
103. SDH = SET DRILL HOLE, NO ID
104. SIR = SET 5/8" IRON ROD WITH LB
NUMBER OF CORPORATION
105. SPK&D = SET PK WITH DISC WITH LB NUMBER
106. TBM TEMPORARY BENCH MARK
107. TEL = TELEPHONE FACILITIES
108. TOB = TOP OF BANK
109. TP = TRANSMITTER PAD
110. TWP= TOWNSHIP
111. UE = UTILITY EASEMENT
112. VF = VINYL FENCE
113. VLV = VALVE
114. W = WATER SERVICE
115. WB = WATER BOX
116. WF= WOOD FENCE
117. WPP= WOOD POWER POLE
118. ǻ = DELTA OR CENTRAL ANGLE OF CURVE
119. DIMENSIONS ARE IN FEET AND IN DECIMALS
THEREOF
120. ELEVATIONS SHOWN HEREON ARE N.A.V.D. UNLESS
OTHERWISE STATED
121. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT
DIMENSIONS ARE FOR INFORMATIONAL PURPOSES
ONLY. THAT THEY DO EXIST, BUT WERE NOT
NECESSARILY MEASURED IN THE FIELD.
122. NOTE: LEGAL DESCRIPTION IS FROM LATEST DEED
OF RECORD UNLESS OTHERWISE NOTED.
123. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER
RECORDED PLAT OR AS FURNISHED BY THE CLIENT
124. FOUNDATION LINE BELOW THE SURFACE OF THE
GROUND IS NOT REFLECTED
125. THIS SURVEY IS NOT TO BE USED FOR
CONSTRUCTION PURPOSES UNDER ANY CONDITION
UNLESS OTHERWISE STATED
126. NO UNDERGROUND INSTALLATIONS OR
IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS
NOTED
127. NO INSTRUMENTS OF RECORD REFLECTING
EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP
WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN
128. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT
THOSE AS DELINEATED ON THIS PLAT OF SURVEY
129. TIES ARE TO FIELD LINES UNLESS OTHERWISE
NOTED
130. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR
EASEMENTS THAT ARE NOT RECORDED ON SAID
PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS
OF THIS COUNTY
131. FENCES MEANDER ON AND OFF LINE, APPROXIMATE
LOCATION ONLY UNLESS STATED OTHERWISE.
132. THE LINES ON THIS SKETCH DO NOT CONSTITUTE
OWNERSHIP
133. THE INTENT OF THIS SURVEY IS FOR TITLE
TRANSFER ONLY UNLESS STATED OTHERWISE
134. FLORIDA STATUTE 61G17-6.004: TWO SITE
BENCHMARKS ARE REQUIRED FOR CONSTRUCTION.
135. THIS SURVEY DOES NOT REFLECT OR DETERMINE
OWNERSHIP.
121.F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE
PRODUCT WAS NOT DESIGNED TO MAKE PRECISE
IN/OUT FLOOD RISK DETERMINATIONS. THIS
PRODUCT IS NOT SUITABLE FOR ENGINEERING
APPLICATIONS AND CANNOT BE USED TO
DETERMINE ABSOLUTE DELINEATIONS OF FLOOD
BOUNDARIES. CALL 1-877-FEMAMAP OR EMAIL A
MAP SPECIALIST AT WWW.FEMA.ORG/MIT/TSD/FQ-
MAP17.HTM.
137. PROPERTY OWNER SHOULD OBTAIN WRITTEN
FLOOD ZONE DETERMINATION FROM LOCAL
PERMITTING, PLANNING AND BUILDING
DEPARTMENT PRIOR TO ANY CONSTRUCTION
PLANNING AND/OR CONSTRUCTION
138. IN COMPLIANCE WITH F.A.C. 61G17-6.0031 (4) (E) – IF
LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF
RECORD, OTHER THAN THOSE ON RECORD PLAT, IS
REQUIRED, THIS INFORMATION MUST BE
FURNISHED TO THE SURVEYOR AND MAPPER.
139. IF APPLICABLE, FENCES SHOWN MEANDER ON OR
OFF LINES (APPROXIMATE LOCATION ONLY)
140. ARCHITECTURAL FEATURES, SUCH AS FURRING
STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE
THE LINE OF THE STRUCTURE HAVE BEEN TAKEN
INTO ACCOUNT WHEN GIVING TIES FROM THE
STRUCTURE TO THE LOT LINES.
141. ATTENTION IS DIRECTED TO THE FACT THAT THIS
SURVEY MAY HAVE BEEN REDUCED OR ENLARGED
IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE
TAKEN INTO CONSIDERATION WHEN OBTAINING
SCALED DATA.
3.A.i
Packet Pg. 62 Attachment: Attachment 4 - Survey Submitted with Variance Application 5-12-23 (28596 : PL20230010369 Sycamore Variance)
Attachment 5
Letters of No Objection
3.A.j
Packet Pg. 63 Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.jPacket Pg. 64Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.jPacket Pg. 65Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.jPacket Pg. 66Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.jPacket Pg. 67Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
3.A.jPacket Pg. 68Attachment: Attachment 5 - Letters of No Objection (28596 : PL20230010369 Sycamore Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
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
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: _________________________City: ________________ State: _______ ZIP: ________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: _______ ZIP: ______
Telephone: ____________________ Cell: ___________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
Lawrence, Jamie & Carol
1415 Panther Lane, #442
Jamie Lawrence c/o Noel J. Davies, Esq., Davies Duke, PLLC
Naples FL 34109
239-216-2792
Noel.Davies@DaviesDuke.com
Noel J. Davies, Esq.
Davies Duke, PLLC
1415 Panther Lane, #442 Naples FL 34109
239-216-2792
Noel.Davies@DaviesDuke.com
3.A.k
Packet Pg. 69 Attachment: Attachment 6 - Applicant's Backup Documentation (28596 : PL20230010369 Sycamore Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
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: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
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.
38283000006 9 49 26
Golden Gages Estates Unit 32
Please see attached Warranty Deed 2.27
5261 Sycamore Dr., north of Pine Ridge Rd.,
East of Logan Blvd. S.
Estate / E (Agricultural)
Estate / E (Agricultural)
Estate / E (Agricultural)
Estate / E (Agricultural)
ResidentialResidentialResidential
Residential
75 ft
30 ft
75 ft
X
X
3.A.k
Packet Pg. 70 Attachment: Attachment 6 - Applicant's Backup Documentation (28596 : PL20230010369 Sycamore Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
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: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ 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 prin cipal 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.
N/A
3.A.k
Packet Pg. 71 Attachment: Attachment 6 - Applicant's Backup Documentation (28596 : PL20230010369 Sycamore Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
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 No If yes, please provide copies. X
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
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)
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 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
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
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.
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
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
o 5th 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
____________________
Date
__________________________________
Applicant Signature
__________________________________
Printed Name
Noel J. Davies, Esq.
Agent
08/16/2023
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1415 Panther Lane
Suite 442
Naples, FL 34109
Noel J. Davies, Esq.
239.216.2792
Noel.Davies@DaviesDuke.com
www.DaviesDuke.com
Offices: Naples, Bonita
Springs, Fort Myers
NARRATIVE STATEMENT
5261 SYCAMORE DR., NAPLES, FL 34119
VARIANCE PETITION APPLICATION
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 4.02.01.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.
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).
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NARRATIVE
5261 SYCAMORE DR., NAPLES, FL 34119
VARIANCE PETITION APPLICATION
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.
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Area Location Map
Folio Number: 38283000006
Name: LAWRENCE, JAMIE=& CAROL
Street# & Name: 5261 SYCAMORE
DR
Build# / Unit#: 45 / 0
Legal Description: GOLDEN GATE
EST UNIT 32 E 150FT OF TR 45
2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided
for the data herein, its use, or its interpretation.
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08/03/20233.A.kPacket Pg. 81Attachment: Attachment 6 - Applicant's Backup Documentation (28596 : PL20230010369 Sycamore Variance)
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PAGE 2 OF 3
REVISIONS
PROJECT NO.
N/A 23-88252-321-10112DRAWN BY: LFD PARTY CHIEF:
F.L.A. SURVEYS CORP.NAPLES, FLORIDA 34104
PROFESSIONAL LAND SURVEYORS & MAPPERS - LB 6569
9220 BONITA BEACH ROAD, STE. 200
BONITA SPRINGS, FLORIDA 34135
SURVEY SKETCH OF BOUNDARY SURVEY
NOT FOR FENCE CONSTRUCTION
NOT FOR CONSTRUCTION
NOT FOR DESIGN
PHOTO PAGE
3884 PROGRESS AVE., SUITE 104
NOT FOR ENGINEERING DESIGN
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PAGE 3 OF 3
NOT VALID WITHOUT PAGES 1
AND 2 OF 3
GENERAL NOTES
ABSTRACT NOT REVIEWED
N = NORTH
S = SOUTH
E = EAST
W = WEST, OR ANY COMBINATION THEREOF
1. º = DEGREES
2. ‘ = MINUTES WHEN USED IN A BEARING
3. “ = SECONDS WHEN USED IN A BEARING
4. ‘ = FEET WHEN USED IN A DISTANCE
5. “ = INCHES WHEN USED IN A DISTANCE
6. ± = “MORE OR LESS” OR “PLUS OR MINUS”
7. A = ARC DISTANCE
8. AC = ACRES
9. A/C = AIR CONDITIONING PAD
10. AE = ACCESS EASEMENT
11. AF = ALUMINUM FENCE
12. AMUE = AVE MARIA UTILITY EASEMENT
13. B.E. = BUFFER EASEMENT
14. BM = BENCHMARK
15. BOB = BASIS OF BEARING
16. BRG = BEARING
17. C# = CURVE NUMBER
18. C = CALCULATED
19. CB = CATCH BASIN
20. CHB = CHORD BEARING
21. CHD = CHORD
22. CLF = CHAINLINK FENCE
23. CM = CONCRETE MONUMENT
24. CO = CLEAN OUT
25. COL = COLUMN
26. CONC = CONCRETE
27. CPP = CONCRETE POWER POLE
28. CSW = CONCRETE SIDEWALK
29. CTV= CABLE TV RISER
30. CUE= COLLIER COUNTY UTILITY
EASEMENT
31. D = DEED
32. DE= DRAINAGE EASEMENT
33. DH = DRILL HOLE
34. DI = DROP INLET
35. ELEC= ELECTRIC
36. EOP = EDGE OF PAVEMENT
37. EOR = EDGE OF ROAD
38. EOW = EDGE OF WATER
39. F= AS LABELED OR FOUND IN THE FIELD
40. F.A.C. = FLORIDA ADMINISTRATIVE CODE
41. FCC = FOUND CROSS CUT
42. FCM = FOUND CONCRETE MONUMENT
43. FEMA = FEDERAL EMERGENCY
MANAGEMENT AGENCY
44. FDH = FOUND DRILL HOLE
45. FFE = FINISH FLOOR ELEVATION
46. FH = FIRE HYDRANT
47. FIP = FOUND IRON PIPE
48. FIR = FOUND IRON ROD
49. FN = FOUND NAIL
50. FND = FOUND
51. FN&D = FOUND NAIL & DISC
52. FPK = FOUND PK NAIL
53. FPK&D = FOUND PK NAIL AND DISC
54. GCE = GOLF COURSE EASEMENT
55. HCP = HANDICAP PARKING
56. IE = IRRIGATION EASEMENT
57. LB = LICENSED BUSINESS
58. LBE = LANDSCAPE BUFFER EASEMENT
59. LE = LANDSCAPE EASEMENT
60. LME = LAKE MAINTENANCE EASEMENT
61. LP = LIGHT POLE
62. M = MEASURED
63. ME = MAINTENANCE EASEMENT
64. MH = MANHOLE
65. N.A.V.D. = NORTH AMERICAN VERTICAL
DATUM
66. N.G.V.D. = NATIONAL GEODETIC VERTICAL
DATUM
67. NO ID = NO IDENTIFYING MARKINGS
68. (NR) = NON-RADIAL
69. NTS= NOT TO SCALE
70. OHP= OVERHEAD POWER
71. OHU = OVERHEAD UTILITY LINE
72. O.R. = OFFICIAL RECORD BOOK
73. O/S = OFFSET
74. P = PLAT
75. PBIDDE = PELICAN BAY IMPROVEMENT
DISTRICT DRAINAGE EASEMENT
76. PC = POINT OF CURVATURE
77. PCC POINT OF COMPOUND CURVATURE
78. PCP = PERMANENT CONTROL POINT
79. PG = PAGE
80. PI = POINT OF INTERSECTION
81. PK = PARKER KALON NAIL
82. PLS = PROFESSIONAL LAND SURVEYOR
83. POB = POINT OF BEGINNING
84. POC = POINT OF COMMENCEMENT
85. PP = POWER POLE
86. PRC = POINT OF REVERSE CURVE
87. PRM = PERMANENT REFERENCE
MONUMENT
88. PSM= PROFESSIONAL SURVEYOR AND MAPPER
89. PU & DE = PUBLIC UTILITY & DRAINAGE EASEMENT
90. PUE = PUBLIC UTILITY EASEMENT
91. PT = POINT OF TANGENCY
92. PVS = PAVERS
93. Q.W.P.E. = QUAIL WEST PERPETUAL EASEMENT
94. ( R ) = RADIAL
95. R = RADIUS
96. RING = ITEM DETECTED BY METAL DETECTOR BUT
NOT RECOVERED
97. RNG= RANGE
98. ROW = RIGHT-OF-WAY
99. RR SPK = RAILROAD SPIKE
100. SAT= SATELLITE DISH
101. SDE = STREET DRAINAGE EASEMENT
102. SEC = SECTION
103. SDH = SET DRILL HOLE, NO ID
104. SIR = SET 5/8" IRON ROD WITH LB
NUMBER OF CORPORATION
105. SPK&D = SET PK WITH DISC WITH LB NUMBER
106. TBM TEMPORARY BENCH MARK
107. TEL = TELEPHONE FACILITIES
108. TOB = TOP OF BANK
109. TP = TRANSMITTER PAD
110. TWP= TOWNSHIP
111. UE = UTILITY EASEMENT
112. VF = VINYL FENCE
113. VLV = VALVE
114. W = WATER SERVICE
115. WB = WATER BOX
116. WF= WOOD FENCE
117. WPP= WOOD POWER POLE
118. = DELTA OR CENTRAL ANGLE OF CURVE
119. DIMENSIONS ARE IN FEET AND IN DECIMALS
THEREOF
120. ELEVATIONS SHOWN HEREON ARE N.A.V.D. UNLESS
OTHERWISE STATED
121. ALL PHYSICAL IMPROVEMENTS SHOWN WITHOUT
DIMENSIONS ARE FOR INFORMATIONAL PURPOSES
ONLY. THAT THEY DO EXIST, BUT WERE NOT
NECESSARILY MEASURED IN THE FIELD.
122. NOTE: LEGAL DESCRIPTION IS FROM LATEST DEED
OF RECORD UNLESS OTHERWISE NOTED.
123. EASEMENTS AND RIGHT OF WAYS SHOWN ARE PER
RECORDED PLAT OR AS FURNISHED BY THE CLIENT
124. FOUNDATION LINE BELOW THE SURFACE OF THE
GROUND IS NOT REFLECTED
125. THIS SURVEY IS NOT TO BE USED FOR
CONSTRUCTION PURPOSES UNDER ANY CONDITION
UNLESS OTHERWISE STATED
126. NO UNDERGROUND INSTALLATIONS OR
IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS
NOTED
127. NO INSTRUMENTS OF RECORD REFLECTING
EASEMENTS, RIGHT OF WAYS, AND/OR OWNERSHIP
WERE FURNISHED THIS SURVEYOR EXCEPT AS SHOWN
128. THERE ARE NO VISIBLE ENCROACHMENTS EXCEPT
THOSE AS DELINEATED ON THIS PLAT OF SURVEY
129. TIES ARE TO FIELD LINES UNLESS OTHERWISE
NOTED
130. THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR
EASEMENTS THAT ARE NOT RECORDED ON SAID
PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS
OF THIS COUNTY
131. FENCES MEANDER ON AND OFF LINE, APPROXIMATE
LOCATION ONLY UNLESS STATED OTHERWISE.
132. THE LINES ON THIS SKETCH DO NOT CONSTITUTE
OWNERSHIP
133. THE INTENT OF THIS SURVEY IS FOR TITLE
TRANSFER ONLY UNLESS STATED OTHERWISE
134. FLORIDA STATUTE 61G17-6.004: TWO SITE
BENCHMARKS ARE REQUIRED FOR CONSTRUCTION.
135. THIS SURVEY DOES NOT REFLECT OR DETERMINE
OWNERSHIP.
121. F.E.M.A. FLOOD HAZARD MAPPING: THIS DATE
PRODUCT WAS NOT DESIGNED TO MAKE PRECISE
IN/OUT FLOOD RISK DETERMINATIONS. THIS
PRODUCT IS NOT SUITABLE FOR ENGINEERING
APPLICATIONS AND CANNOT BE USED TO
DETERMINE ABSOLUTE DELINEATIONS OF FLOOD
BOUNDARIES. CALL 1-877-FEMAMAP OR EMAIL A
MAP SPECIALIST AT WWW.FEMA.ORG/MIT/TSD/FQ-
MAP17.HTM.
137. PROPERTY OWNER SHOULD OBTAIN WRITTEN
FLOOD ZONE DETERMINATION FROM LOCAL
PERMITTING, PLANNING AND BUILDING
DEPARTMENT PRIOR TO ANY CONSTRUCTION
PLANNING AND/OR CONSTRUCTION
138. IN COMPLIANCE WITH F.A.C. 61G17-6.0031 (4) (E) – IF
LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF
RECORD, OTHER THAN THOSE ON RECORD PLAT, IS
REQUIRED, THIS INFORMATION MUST BE
FURNISHED TO THE SURVEYOR AND MAPPER.
139. IF APPLICABLE, FENCES SHOWN MEANDER ON OR
OFF LINES (APPROXIMATE LOCATION ONLY)
140. ARCHITECTURAL FEATURES, SUCH AS FURRING
STRIPS, SIDING, CORNICES, STUCCO, ETC., OUTSIDE
THE LINE OF THE STRUCTURE HAVE BEEN TAKEN
INTO ACCOUNT WHEN GIVING TIES FROM THE
STRUCTURE TO THE LOT LINES.
141. ATTENTION IS DIRECTED TO THE FACT THAT THIS
SURVEY MAY HAVE BEEN REDUCED OR ENLARGED
IN SIZE DUE TO REPRODUCTION. THIS SHOULD BE
TAKEN INTO CONSIDERATION WHEN OBTAINING
SCALED DATA.
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www.DaviesDuke.com
Offices: Naples, Bonita
Springs, Fort Myers
1415 Panther Lane
Suite 442
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
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.
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1
NAME1 NAME2 NAME3 NAME6 FOLIO ADDRESSTYPE
BOYAS, NICK 1520 OAKES BLVD NAPLES, FL 34119---0 38394120008 U
CHRISTMAN, RANDOLPH S LAURIE E CHRISTMAN 5374 SYCAMORE DR NAPLES, FL 34119---3922 38394121007 U
DE LADURANTEY, CHRISTOPHER C JOAN L DE LADURANTEY 5350 SYCAMORE DR NAPLES, FL 34119---3922 38394160000 U
EBERT, JON & VIVIAN 5270 TAMARIND RIDGE DR NAPLES, FL 34119---2834 38283080000 U
LAWRENCE, JAMIE & CAROL 5261 SYCAMORE DR NAPLES, FL 34119---3919 38283000006 U
POKLEMBA, MARIA YRENE 5253 SYCAMORE DR NAPLES, FL 34119---3919 38283960007 U
SAUER, CHARLES & KRISTINE 5250 TAMARIND RIDGE DR NAPLES, FL 34119---2834 38283840004 U
SEGERDAHL, JACK & LYETTE 5281 SYCAMORE DR NAPLES, FL 34119---0 38283040008 U
TYLER C NORTON LIV REV TRUST 5300 TAMARIND RIDGE DR NAPLES, FL 34119---2836 38283120009 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees
not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to
others without consent from the CCPA.
Petition: PL20190000336 | Buffer: 150' | Date: 11/9/2023 | Site Location: 38283000006
POList_150
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1415 Panther Lane
Suite 442
Naples, FL 34109
Noel J. Davies, Esq.
239.405-8033
Noel.Davies@DaviesDuke.com
www.DaviesDuke.com
Offices: Naples, Bonita
Springs, Fort Myers
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:
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.
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3. 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.
Sincerely,
DAVIES DUKE, PLLC
Noel J. Davies, Esq.
cc: Jamie and Carol Lawrence
3.A.m
Packet Pg. 103 Attachment: Attachment 8 - Lawrence Variance (28596 : PL20230010369 Sycamore Variance)
3.A.mPacket Pg. 104Attachment: Attachment 8 - Lawrence Variance (28596 : PL20230010369 Sycamore Variance)
3.A.mPacket Pg. 105Attachment: Attachment 8 - Lawrence Variance (28596 : PL20230010369 Sycamore Variance)
04/25/2024
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.B
Doc ID: 28219
Item Summary: *** This item has been continued from the April 11, 2024 HEX Meeting.*** Petition NO. VA-
PL20230010693 – Eric W. Schrack requests a variance from Section 4.02.01, Table 2.1 of the Collier County Land
Development Code to reduce the north property line minimum side yard setback from 10 feet to zero feet, and a
variance from Section 4.06.02.C, Table 2.4 of the Collier County Land Development Code to reduce the required
Type “A” Landscape Buffer on the north property line from 5 feet to zero feet, to allow for construction of a new
structure utilizing a legal nonconforming zero foot setback on the north property line located on a 0.74 +/- acre
property at 6245 Lee Ann Ln., in Section 11, Township 49 South, Range 25 East, Collier County, Florida.
[Coordinator: Timothy Finn, Planner III] Commissioner District 2
Meeting Date: 04/25/2024
Prepared by:
Title: – Zoning
Name: Tim Finn
03/15/2024 6:01 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
03/15/2024 6:01 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Review Item Completed 03/22/2024 9:42 AM
Hearing Examiner (GMD Approvers) David Merino Review Item Completed 03/25/2024 4:00 PM
Zoning Ray Bellows Review Item Completed 03/27/2024 2:22 PM
Zoning Mike Bosi Review Item Completed 03/28/2024 10:37 AM
Hearing Examiner Andrew Dickman Meeting Pending 04/25/2024 9:00 AM
3.B
Packet Pg. 106
[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 1 of 7
Revised: March 13, 2024
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: APRIL 11, 2024
SUBJECT: PETITION VA-PL20230010693 (6245 LEE ANN LN)
_____________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner: Agent:
Schrack Family Trust Jessica Kluttz, AICP
Eric William Schrack Davidson Engineering, Inc.
2666 13th St N 4365 Radio Road, Suite 201
Naples, FL 34103 Naples, FL 34134
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider an application for a variance from
Section 4.02.01, Table 2.1 of the Collier County Land Development Code to reduce the north
property line minimum side yard setback from 10 feet to zero feet, and a variance from Section
4.06.02.C, Table 2.4 of the Collier County Land Development Code to reduce the required Type
“A” Landscape Buffer on the north property line from 5 feet to zero feet, to allow for construction
of a new structure utilizing a legal nonconforming zero foot setback on the north property line.
GEOGRAPHIC LOCATION:
The subject property is located on a 0.74 +/- acre property at 6245 Lee Ann Ln., in Section 11,
Township 49 South, Range 25 East, Collier County, Florida. (See location map on page 2).
PURPOSE/DESCRIPTION OF PROJECT:
The purpose of the petition is to request a reduction from the northern side yard setback utilizing
a legal nonconforming zero-foot setback for the construction of a new structure within the
Industrial (I) zoning district.
3.B.a
Packet Pg. 107 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
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[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 3 of 7
Revised: March 13, 2024
SURROUNDING LAND USE AND ZONING:
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of the subject property:
North:
Light manufacturing, zoned Industrial (I) zoning district
East: Lee Ann Lane (local road), then warehousing/distribution zoned Industrial (I)
zoning district
South: Warehousing/distribution and office, zoned Industrial (I) zoning district
West: Janes Lane (local road), then warehousing/distribution zoned Industrial (I)
zoning district
Collier County Property Appraiser
3.B.a
Packet Pg. 109 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 4 of 7
Revised: March 13, 2024
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Industrial District on the County’s Future Land Use Map
(FLUM) of the GMP's Future Land Use Element (FLUE). The GMP does not address individual
variance requests but deals with the larger issue of the actual use. As previously noted, the
petitioner requests a reduction from the northern side yard setback utilizing a legal nonconforming
zero-foot setback for the construction of a new structure. The subject use is consistent with the
FLUM of the GMP. The requested Variance does not have any impact on this property's
consistency with the County's GMP.
STAFF ANALYSIS:
In regard to the current structure, a site drainage plan received County approval on January 8,
1999. Subsequent to this approval, the structure received a certificate of occupancy on June 18,
1999, see Attachment A for the site drainage plan utilizing the side yard 0’ setback for the I zoning
district. It should be noted that the zoning approval of this structure had utilized the setbacks that
the Collier County Land Development Code governed, adopted on October 30, 1991, and then
amended on October 14, 1992. The side yard minimum setback for the I district was:
Side yard: The sum total of the side yards shall be twenty percent (20%) of the lot width, not to
exceed a maximum of fifty feet (50’). This yard requirement may be apportioned between side
yards in any manner, except that one (1) side yard may not be less than ten (10’) unless the
structure is constructed at the side property line.
Moreover, per the Collier County Land Development Code, adopted October 30, 1991, and then
amended October 14, 1992, Section 2.4.7.4, Table 2.4, Footnote 2, the following was required for
landscape buffers in Industrial zoned properties abutting other Industrial properties:
Industrial (I) zoned property, where abutting Industrial (I) zoned property, shall be required to
install a minimum five foot (5’) wide Type A landscape buffer adjacent to the side and rear
property lines. This area shall not be used for water management. This reduction in buffer width
shall not apply to buffers adjacent to vehicular rights-of-way or non-industrial zoned property.
On April 20, 2023, the agent, Davidson Engineering, submitted a request for a zoning verification
letter (ZVL) for verification of the setbacks for the property and the possibility of permitting a new
structure utilizing the 0’ setback as approved in the site drainage plan approved January 8, 1999.
The ZVL determination was that the subject lot is a nonconforming lot of record due to the lot
being less than the current minimum of 100 feet. The existing structure is deemed to be a
nonconforming structure since the I district no longer permits a zero-foot side yard setback. The
property has been identified as nonconforming because the approved Site Development Plan does
not adhere to the current LDC minimum setback requirements. LDC Section 9.03.03.B.2 states
that a nonconforming portion of a structure that is destroyed by any means to an extent of more
than fifty (50) percent of its actual replacement cost at the time of destruction, as determined by a
cost estimate submitted to the site development review director, it shall not be reconstructed except
in conformity with provisions of the LDC. As a result, the proposed new/replacement structure
must meet current setbacks for a nonconforming lot, or the applicant must obtain a variance.
3.B.a
Packet Pg. 110 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 5 of 7
Revised: March 13, 2024
On August 29, 2023, the agent submitted a variance request to allow a new structure on the site
with a side yard 0’ setback and no landscape buffer. The property owner would like to expand their
air conditioning business, All Seasons Air Conditioning, into a second structure of similar
dimensions and will not be encroaching into the front setbacks or the southern side yard setback.
Staff sees no issue with the proposed structure using the side yard 0’ setback as the existing
structure also utilizes this side yard 0’ setback with no landscape buffer. (See Attachment B – Site
Plan & Detail for Proposed Variance) It’s important to note that the neighboring structures to the
north also utilize the 0’ side yard setback. As such, it’s staff’s determination that the proposed
structure will be compatible with the surrounding properties utilizing the side yard 0’ setback with
no landscape buffer. To date, no known complaints have been received from any neighboring
properties.
The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A–H (in bold font
below). Staff has analyzed this petition relative to these provisions and offers the following
responses:
a. Are there special conditions and circumstances existing which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
Yes, the existing structure was approved utilizing the provisions in the 1991 Collier County
Land Development Code that allowed side yard 0’ setbacks in the I zoning district. In 2004,
the zoning provisions were amended to not allow the side yard 0’ setback and to allow for
10’ side yard setbacks. The current side yard 10’ setback would not allow the site to
accommodate a sufficiently sized second structure to conduct the property owner’s business
within and accommodate vehicular access.
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 are the
subject of the Variance request?
Yes, the existing structure was approved under the 1991 Collier County Land Development
Code that allowed side yard 0’ setbacks in the I zoning district. In 2004, the zoning provisions
were amended to not allow the side yard 0’ setback and to allow for 10’ side yard setbacks.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary and
cause undue hardship for the applicant or create practical difficulties for the
applicant?
Yes, the parcel is 80 feet wide, so the current code required yards of 10’ each would take up
25% of the lot’s width. Per code, the side yards should equal 20% of the lot’s width, with a
minimum width for each side yard of 10 feet. This was designed with the code minimum lot
width of 100’ in mind, not the existing 80’ width and creates a practical difficulty 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, and welfare?
3.B.a
Packet Pg. 111 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 6 of 7
Revised: March 13, 2024
Yes, The Variance proposed would be the minimum variance to allow reasonable use,
allowing for a second building of similar size to the existing building. This second building
will be functional for the current air conditioning business and allow for safe, code-compliant
access through the site per the included site plan. Approval of the Variance would not have
a negative impact on standards of health, safety, and welfare.
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 same zoning
district?
Yes, by definition, a variance bestows some dimensional relief from the zoning regulations
specific to a site. However, LDC Section 9.04.02 provides relief through the variance process
for any dimensional development standard, such as the requested reduced rear yard setback.
As such, other properties facing similar hardships would be entitled to make similar requests
and would be conferred equal consideration on a case-by-case basis.
f. Will granting the Variance be in harmony with this Land Development Code's general
intent and purpose and not be injurious to the neighborhood or otherwise detrimental
to the public welfare?
This variance will not be detrimental to the public welfare as all neighbors of the parcel are
industrial lots. The neighbor to the North has developed their lot with a 0’ side yard setback
to the South, and no issues have been caused by the existing situation where the subject
parcel’s existing structure abuts the neighbor’s existing structure. Per the agent, a firewall
exists between the structures, and one per code will be constructed where the proposed
structure meets the existing structure.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
There are no natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.
h. Will granting the Variance be consistent with the GMP?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner (HEX) approve Petition VA-
PL20230010693, 6245 Lee Ann Ln Variance from Section 4.02.01, Table 2.1 of the Collier County
Land Development Code to reduce the north property line minimum side yard setback from 10
feet to zero feet, and a variance from Section 4.06.02.C, Table 2.4 of the Collier County Land
Development Code to reduce the required Type “A” Landscape Buffer on the north property line
3.B.a
Packet Pg. 112 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
[21-CPS-02072/1628816/1]
VA-PL20230010693 (6245 Lee Ann Ln) Page 7 of 7
Revised: March 13, 2024
from 5 feet to zero feet, to allow for construction of a new structure utilizing a legal nonconforming
zero foot setback on the north property line.
Attachments:
A) Approved Site Drainage Plan, January 8, 1999
B) Site Plan & Detail for Proposed Variance
C) Backup Materials
3.B.a
Packet Pg. 113 Attachment: Staff Report - 6245 Lee Ann Ln - Variance (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
3.B.b
Packet Pg. 114 Attachment: Attachment A - Approved Site Drainage Plan, January 8, 1999 (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
PROPOSEDWAREHOUSE/OFFICEBUILDINGVARIANCE EXHIBITSHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496REVISIONSDATE:REV.DESCRIPTION09/28/2023REVISED PER CC RAILEGENDGENERAL NOTES:1" = 50'SCALE:NALL SEASONS AIRCONDITIONINGVARIANCE EXHIBITPLANNING NOTES:JANES LANE60' WIDE ROAD, PUBLIC
LEE ANN LANE
60' WIDE ROAD, PUBLIC VARIANCE DIMENSION TABLE3.B.cPacket Pg. 115Attachment: Attachment B - Site Plan & Detail for Proposed Variance (28219 : PL20230010693 - 6245 Lee
Collier County Planning Commission Agenda Packet Checklist for PUDs
to be submitted by Applicants and Agents
Application
•Narrative of rezone request
•Property Information
•Property Ownership and general description of site
Disclosure of Interest
Affidavit of Unified Control
Affidavit of Representation
NIM Information (Sign-in sheet, notes, minutes and/or summary, audio or video recording)
Traffic Impact Study (TIS)
Environmental Data
Historical/Archeological Survey or Waiver
Utility Letter
Deviation Justifications
Boundary Survey
Amended PUD Ordinance (the last submitted Ordinance with strikethrough – color preferred)
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. Write details below.
I understand that by submitting the above materials, it is the agent/applicant’s responsibility to ensure all materials are in the same
order for all copies of backup materials to provide to the CCPC and the CD must contain the documents in one pdf file (not multiple
files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out.
Signature of Agent Representative Date
Printed Name of Signing Agent Representative
•Staff Report
•Complete Draft Ordinance /Resolution initialed by County Attorney
Materials provided by Planner:
Please provide the following documents to support your petition request:
Materials to be provided by applicant:
Jessica Kluttz, AICP
03-08-2024
3.B.d
Packet Pg. 116 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
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
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Address: _________________________City: ________________ State: _______ ZIP: ________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: _______ ZIP: ______
Telephone: ____________________ Cell: ___________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
Name of Property Owner(s): __Eric W. Schrack___________________________________
Name of Applicant if different than owner: __________________________________________
2666 13th Street N Naples FL 34103
239-566-2100
erick@allseasonsair.biz
Jessica Kluttz, AICP
Davidson Engineering, Inc.
4365 Radio Road, Suite 201 Naples FL 34134
239-434-6060
JessicaK@DavidsonEngineering.com
3.B.d
Packet Pg. 117 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
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: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
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.
20% of lot width, no less than 10' or more than 50'
3.B.d
Packet Pg. 118 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
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: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ 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 prin cipal 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.
3.B.d
Packet Pg. 119 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
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 No If yes, please provide copies.
3.B.d
Packet Pg. 120 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
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)
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 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
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
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.
3.B.d
Packet Pg. 121 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
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
o 5th 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 Date
__________________________________
Printed Name
X North Collier Fire Review
---------------------------- Agent
3.B.d
Packet Pg. 122 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com
D esigning E xcellence
Civil Engineering • Planning • Permitting
August 29, 2023
Collier County Development Services
Attn: Client Services
2800 N Horseshoe Drive
Naples, FL 34104
(Submitted Via City View)
Re: Variance Request PL20230010693
All Seasons Air Conditioning
Davidson Engineering is formally requesting a Variance for industrial zoned property located at 6245
Lee Ann Lane to allow for a 0’ side yard setback along the North property line and no landscape buffering
along this setback. The included original SDP for the site indicates a 0’ lot line to the north, and the
existing structure on the site abuts the lot line. The landowner would like to build a new structure on
the site with the existing setbacks as seen on the original SDP, allowing for a 0’ setback to the north as
the site was originally developed. An exhibit is included in this submittal indicating the compatibility of
these setbacks with the surrounding area as many of the adjacent properties also utilize 0’ setbacks.
The proposed variance is consistent with the surrounding industrial park, as seen in the included Existing
0’ Lot Lines Exhibit, many of the site’s neighbors utilize a 0’ lot line.
On May 23, 2023, a Zoning Verification Letter PL20230007619 for the site was completed that dictated
that this is a nonconforming lot of record due to it being 80’ wide, and the existing structure is a
nonconforming structure due to utilizing a 0’ setback. The new structure should match the existing, and
this is only possible with a 0’ setback. So, the Zoning Verification Letter stated that a Variance would be
necessary to grant this.
A variance is being requested from the following sections of code:
4.02.01.A. Table 2.1 Table of Minimum Yard Requirements.
This table dictates that in I zoning, the minimum side yard is e, which is “the total of all side yard setbacks
shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shall be less than 10 feet.”
The variance request is to deviate from the 10’ minimal side yard on the North property line to allow
for 0’ side yard setback to mirror the existing structure.
4.06.02.C. Table 2.4 Table of Buffer Requirements by Land Use Classifications
This table dictates that a 5’ Type A buffer is the minimum requirement for the side yard of Industrial
property that abuts Industrial property. The variance request is to provide 0’ of landscaping to allow for
a 0’ side yard setback for the proposed structure.
Regarding the nonconformity, this lot is recorded to have been 80’ wide since the earliest available deed
from 1979, included in this submittal. This is less than the required width of the zoning district, and is a
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Packet Pg. 123 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
small size for an industrial use to work within as there are large vehicles and equipment required for
the function of the site. Due to this, as much driveway as possible is required, so being able to push the
building as far to the property line as possible will allow for the site to function with an adequate
driveway through the site while retaining the necessary building size for the air conditioning business.
The property could not be expanded into compliance as there is industrial development on either side
to the North and South, and roadways to the East and West. The building to the North is set right on
the lot line, and to the South these are pushed to the setback lines, creating an enclosed site with no
option to expand.
The following will address the nature of the petition per the application:
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.
There is an existing one-story commercial structure on the site which utilizes a 0’ lot line to the
North. The property owner would like to expand his business into a second structure of similar
dimension. To accommodate access through the site, this structure would need to also be sited
abutting the North lot line. This would deviate 10’ from the LDC required 10’ minimum side yard
setback on an Industrial parcel and from the 5’ required type A landscape buffer. The property
has been owned and operated by the Schrack family since 1984 and was developed when 0’ side
yards were permitted in the zoning district.
2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations,
including any dredging and filling.
This project does not propose any dredging and filling. Per LDC section 9.04.02 this is an
authorized variance as it relates to development standards including size of yards and the
dimensional aspects of landscaping and buffering requirements.
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.
This site faces a hardship in that it has been subdivided into its current size since at least 1979
and thus was not subdivided with the current code in mind. These historic deeds are included with
this submittal. Without a 0’ north side yard setback, the site is not able to accommodate a
sufficiently sized structure to conduct the property owner’s business within and accommodate
vehicular access.
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.
3.B.d
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The lot was subdivided to this size prior to the acquisition of the lot by the Schrack family. The lot
was purchased under the assumption that the 0’ side yard lot line would not change to encumber
the parcel.
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.
The parcel is 80 feet wide, so the code required yards of 10’ each would take up 25% of the lot’s
width. Per code, the side yards should equal 20% of the lot’s width, with a minimum width for
each side yard of 10 feet. This was designed with the code minimum lot width of 100’ in mind,
not the existing 80’ width and creates a practical difficulty 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.
Yes, this will allow for a building size that is functional for the current Air Conditioning business
and allow for safe, code compliant access through the site per the included site plan.
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.
No, this site is a legal nonconforming parcel and thus the Land Development Code standards put
undue hardship on the small site, rendering it nonfunctional when built to code. There are many
preexisting structures in the industrial park which utilize the 0’ side yard setback that was
permitted until the land development code was updated; the park was designed when the 0’ side
yard setback was permitted.
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.
This variance will not be detrimental to the public welfare as all neighbors of the parcel are
industrial lots. The neighbor to the North has developed their lot with a 0’ side yard setback to
the South, and no issues have been caused by the existing situation where the subject parcel’s
existing structure abuts the neighbor’s existing structure. A fire wall exists between the
structures, and one per code will be constructed where the proposed structure meets the existing
structure.
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.
No preserves, lakes, or other natural features exist on the site. The hardship comes from the
narrow lot size and development requirements for a functional site. If the full setback is utilized,
the building loses significant size and functionality.
h) Will granting the variance be consistent with the Growth Management Plan?
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Packet Pg. 125 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
Yes, there is no language within the Growth Management Plan that would prohibit such a
variance from being granted. The Future Land Use designation is Industrial District which does
not place any special development standards onto the site.
3.B.d
Packet Pg. 126 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
Addressing Checklist (Rev 10/2022) Page 1 of 1
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
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]
*LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES) where applicable, if already assigned.
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_Addressing@colliercountyfl.gov 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####]
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11 49 25 COMM W1/4 CNR, E 1987.83FT, N 231.29FT, E 495FT, N 955FT TO POB, W 330FT, N 80FT, E
330FT, S 80FT TO POB, LESS E 30FT & W 30FT OR 1075 PG 1385 AND OR 2057 PG 725
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3.B.d
Packet Pg. 136 Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
7.046.947.287.299.419.309.379.07.49.49.67.39.09.19.08.68.69.79.5 9.4 7.69.29.27.49.3 9.97.79.39.89.310.010.210.19.99.8 10.310.610.210.010.41
0
.
2
1
0
.
3
10.61
0
.
610.710.510.69.369.329.369
.
2
7.
79.39.67.99.29
.
5
9
.
8
1
0
.
0
9.59
.
2
9.17.810.09.97.69.29.27.69.59.49
.
6
9.
7
10.410.39.910.31
0
.
6 10.110.29.49
.
4 10.29
.
6
9.
910.710.09.81
0
.
6
10.6610.7110.4610.3110.010.210.69.409.399.4010.5310.8010.5910.210.3610.910.7010.5610.5610.5210.7710.8010.9010.7110.5610.811
0
.
7
910.749.409.319.32COVEREDAREA6201 LEE ANN LANEEXISTING TWO STORYCOMMERCIAL STRUCTUREFINISHED FLOORELEVATION = 11.43FOUND 5/8" IRON PINAND CAP STAMPEDR&E LB 5982 IS 0.44' NORTHOF PROPERTY LINEFOUND 5/8" IRON PINAND CAP STAMPEDWIT COR LB 6896 IS1.0' WEST OF COMPUTEDPROPERTY CORNERPARCEL 49PARCEL 50PARCEL 51N00°24'17"W 231.29'(D)
N00°42'23"W 231.29'(S)N89°30'40"E 1987.83'(D)N89°12'34"E 1987.83'(S)POINT OF COMMENCEMENTWEST 1/4 CORNER OF SECTION 11,TOWNSHIP 49 SOUTH, RANGE 25 EASTEND OF CHAIN LINKFENCE IS ONPROPERTY LINELEE ANN LANE
60' WIDE ROAD
POINT OF BEGINNINGN00°24'17"W 955.00'(S)
N00°42'23"W 955.00'(S)N89°35'43"E 495.00'(D)N89°17'37"E 495.00'(S)JANES LANE60' WIDE ROADWMB
WMBWMBOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXTEL60.0'40.2'
40.2'60.0'CONCRETEPARKING AREAGRAVEL DRIVE6245 LEE ANN LANEEXISTING ONE STORYCOMMERCIAL STRUCTUREFINISHED FLOORELEVATION = 11.0EXISTING ONE STORYCOMMERCIAL STRUCTURES89°53'43"W 330.00'(D)S89°10'54"W 330.00'(S)N00°24'17"W 80.00'(D)N00°49'06"W 80.00'(S)N89°53'43"E 330.00'(D)N89°10'08"E 330.00'(S)S00°49'06"E 80.07'30.00'270.00'30.00'30.00'29.93'CORNER OF CHAIN LINKFENCE IS 1.0' SOUTHPROPERTY LINE270.07'CORNER OF STRUCTUREIS 0.6' NORTH OFPROPERTY LINECORNER OF STRUCTUREIS 0.4' NORTH OFPROPERTY LINEFOUND 5/8" IRON PINAND CAP (ILLEGIBLE) IS0.84' EAST OF COMPUTEDPROPERTY CORNERCORNER OF CHAIN LINKFENCE IS 0.7' SOUTHPROPERTY LINEEND OF CHAIN LINKFENCE IS 0.2' NORTHPROPERTY LINECORNER OF STRUCTUREIS ON PROPERTY LINECORNER OF STRUCTUREIS ON PROPERTY LINEFOUND 5/8" IRON PINAND CAP STAMPEDCEN 5013BENCHMARKSET PK NAIL AND DISCSTAMPED CEC LB 2464ELEVATION = 9.28 NAVD15" C.M.P.
15" C.M.P.A/C PADELEV = 10.7
CLIENT:
TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATEBY
COASTAL
28421 BONITA CROSSINGS BOULEVARD
ENGINEERING
CONSULTANTS
INC.
COASTAL AND MARINE ENGINEERING
ENVIRONMENTAL AND GEOLOGICAL SERVICES
LAND AND MARINE SURVEY AND MAPPING
BONITA SPRINGS, FLORIDA 34135
PHONE: (239)643-2324
FAX: (239)643-1143
www.coastalengineering.com
E-Mail: info@cecifl.com
Serving Florida Since 1977
THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF
SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED.
REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND
ADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BE
WITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 01/13/22FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED:
F.B.
ACAD NO.
PG.
DRAWN:
DATE:
REF. NO.
SCALE:
SEC.TWP.RNG.23.02411BOUNDARY SURVEY
ALL SEASONS AIR CONDITIONING, INC.1" = 20'
D646
76
25E49S
23.024
23.024
02/06/23
MMW
RJE
11LEGAL DESCRIPTIONCOMMENCING AT THE WEST 1/4 CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST AND WEST 1/4 LINE OFSAID SECTION 11, AS SURVEYED, NORTH 89° 30' 40" EAST, 1987.83 FEET; THENCE NORTH00°24'17" WEST, 231.29 FEET; THENCE NORTH 89°35'43" EAST 495.00 FEET; THENCE NORTH0°24'17" WEST, 955.00 FEET FOR A PLACE OF BEGINNING;THENCE S89°35'43"E, 330.00 FEET TO THE CENTERLINE OF A ROAD; THENCE ALONG SAIDCENTERLINE N00°24'17"W, 80.00 FEET; THENCE N89°35'43"E, 330.00 TO THE CENTERLINEOF A ROAD; THENCE ALONG SAID CENTERLINE S00°248'17"E, 80.00 FEET TO THE PLACEOF BEGINNING, BEING PART OF THE NORTHWEST 1/4 OF SAID SECTION 11.LESS THE EAST 30.00 FEET AND THE WEST 30.00 FEET OF THE ABOVE DESCRIBEDPARCEL.ACREAGE CALCULATIONTHE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 32,400 SQUARE FEET OR 0.74ACRES OF LAND.GENERAL NOTES1. = FOUND 5/8" IRON PIN AS NOTED.2. = SET PK NAIL AND DISC STAMPED WITNESS CEC LB 2464.3. BEARINGS BASED ON A GRID BEARING OF S89°10'54"W ON THE SOUTH LINE OF DESCRIBED PROPERTY.4. DESCRIBED PROPERTY LIES IN FLOOD ZONE AH, ELEVATION 11.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0384H DATED MAY 16, 2012.5. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).6. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.7. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.LEGEND(S) = SURVEY DATA(D) = DESCRIPTION DATA(TYP.) = TYPICALOHU = OVERHEAD UTILITY LINE = FIRE HYDRANT = FIRE DEPARTMENT RISER = FIRE DEPARTMENT CONNECTION = WATER VALVE = WATER METER = CLEANOUT = TELEPHONE RISER = WOOD POWER POLE = ELECTRIC SERVICEC.M.P. = COORUGATED METAL PIPEFOR THE BENEFIT OFALL SEASONS AIR CONDITIONING, INC.402010200SCALE: 1" = 20'WMBTEL OF LANDS LOCATED IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
3.B.dPacket Pg. 137Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
PROPOSEDWAREHOUSE/OFFICEBUILDINGVARIANCE EXHIBITSHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496REVISIONSDATE:REV.DESCRIPTION09/28/2023REVISED PER CC RAILEGENDGENERAL NOTES:1" = 50'SCALE:NALL SEASONS AIRCONDITIONINGVARIANCE EXHIBITPLANNING NOTES:JANES LANE60' WIDE ROAD, PUBLIC
LEE ANN LANE
60' WIDE ROAD, PUBLIC VARIANCE DIMENSION TABLE3.B.dPacket Pg. 138Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
LEE ANN LANE
60' WIDE ROAD, PUBLIC
JANES LANE60' WIDE ROAD, PUBLIC
PROPOSEDWAREHOUSE/OFFICEBUILDING4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496SHEET:REVISIONSDATEREV.DESCRIPTION09/28/2023REVISED PER CC RAILEGENDGENERAL NOTES:VARIANCE EXHIBIT1" = 10'SCALE:ALL SEASONS AIRCONDITIONINGPLANNING NOTES:SITE / LAND USE SUMMARYVARIANCE DIMENSION TABLE3.B.dPacket Pg. 139Attachment: Attachment C - Backup Materials (28219 : PL20230010693 - 6245 Lee Ann Ln Variance)
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1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 FOLIO
DON L'S COLLISION INC 631 EVERGLADES BLVD N NAPLES, FL 34120---0 00251120001
EDGEWATER PARTNERS LLC 1076 INDUSTRIAL BLVD NAPLES, FL 34104---0 00251000008
EDGEWATER PARTNERS LLC 1076 INDUSTRIAL BLVD NAPLES, FL 34104---0 00255090001
FMG ENTERPRISES OF NAPLES LLC 6203 JANES LN NAPLES, FL 34109---6208 00249680003
GOLF TURF APPLICATIONS INC % RICHARD MCCOY 2280 LONGBOAT DR NAPLES, FL 34104---0 00249640001
LADD EASTMAN LLC %LARRY BLY 41775 ELM ST #403 MURRIETA, CA 92562---0 00252240003
LADD EASTMAN LLC ET AL 6245 JANES LANE NAPLES, FL 34109---0 00250320006
LEE ANN INVESTMENTS LLC 27772 KINGS KEW BONITA SPRINGS, FL 34134---0 00252320004
LOVE SERVICE STATIONS INC 4712 GOLDEN GATE PKWY NAPLES, FL 34116---0 00247200003
ROY TICE ENTERPRISES INC %GARY TICE 232 BURNING TREE DR NAPLES, FL 34105---0 00250560002
SCHRACK FAMILY TRUST ERIC WILLIAM SCHRACK 2666 13TH ST N NAPLES, FL 34103---4532 00247240005
SOLNIC LLC 6288 LEE ANN LN NAPLES, FL 34109---0 00254880005
SU, CHEN T 6323 JANES LN NAPLES, FL 34109---6229 00250440009
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to
anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20230010693 | Buffer: 150' | Date: 10/17/2023 | Site Location: 00247240005
POList_150
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4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com
D esigning E xcellence
Civil Engineering • Planning • Permitting
October 19, 2023
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a variance from the
requirements of the zoning regulations as they apply to the following described property:
6245 Lee Ann Lane
It is our intent to ask the County to allow us to construct a structure with a 0’ lot line and variance from
landscape buffering requirements along the section of the North property line the proposed structure abuts
located on Industrial Zoned property. To provide you with an opportunity to become fully aware of our
intention you may choose to contact the sender for further information. We will be contacting you directly
within the coming weeks regarding a Public Hearing to be held regarding this petition. In any event, please
be advised that we are interested in assuring you that our request should not adversely affect your property
interest.
Should you have questions prior to the hearing, please contact me at 239-434-6060 or
JessicaK@DavidsonEngineering.com .
Sincerely,
Jessica Kluttz, AICP
Planner, Davidson Engineering
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Sign on Lee Ann Ln
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Sign on Janes Ln
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Sign on Lee Ann Ln
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Sign on Janes Ln
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04/25/2024
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.C
Doc ID: 28383
Item Summary: *** This item has been continued from the April 11, 2024 HEX Meeting.*** Petition NO.
PL20230018286 VA – Request for a variance from Land Development Code Section 4.02.01 A, Table 2.1, to
reduce the required front setback from 25.0 feet to 15.0 feet on the East property line for the proposed single -family
residential structure in the Residential-Single-Family-4 (RSF-4) zoning district located at 185 6th Street, Naples,
FL 34113, also known as Trail Acres Unit 2 Block 2 Lot 22, in Section 32, Township 50 South, Range 26 East,
Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 1
Meeting Date: 04/25/2024
Prepared by:
Title: Principal Planner – Zoning
Name: Sean Sammon
03/19/2024 9:46 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
03/19/2024 9:46 AM
Approved By:
Review:
Growth Management Community Development Department David Merino GMD Approver Skipped
03/22/2024 11:43 AM
Hearing Examiner (GMD Approvers) David Merino Review Item Completed 03/25/2024 2:05 PM
Operations & Regulatory Management Michael Stark Review Item Completed 03/25/2024 3:56 PM
Zoning Sean Sammon Review Item Skipped 03/19/2024 9:23 AM
Zoning Ray Bellows Review Item Completed 03/25/2024 4:03 PM
Zoning Mike Bosi Division Director Completed 03/26/2024 11:14 AM
Hearing Examiner Andrew Dickman Meeting Pending 04/25/2024 9:00 AM
3.C
Packet Pg. 154
VA-PL20230018286 (185 6th St Front Yard) Page 1 of 6
March 19, 2024
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: APRIL 11, 2024
SUBJECT: PETITION VA- PL20230018286; 185 6TH STREET; SINGLE-FAMILY
RESIDENCE
_____________________________________________________________________________
PROPERTY OWNER/AGENT:
Owner:
Troy Burcky
P.O. Box 10306
Naples, FL 34104
REQUESTED ACTION:
To have the Collier County Hearing Examiner (HEX) consider a variance request from Section
4.02.01.A. Table 2.1, of the Collier County Land Development Code to reduce the minimum front
yard setback from 25.0 feet to 15.0 feet on the East property line, for a proposed single-family
residence in the Residential-Single-Family-4 (RSF-4) zoning district.
GEOGRAPHIC LOCATION:
The subject property is a ± 0.27-acre parcel, known as Parcel ID # 77261480007, at 185 6th Street,
Naples, FL 34113, also known as Trail Acres Unit 2 Block 2 Lot 22, in Section 32, Township 50
South, Range 26 East, Collier County, Florida. (See location map on page 2).
3.C.a
Packet Pg. 155 Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 : PL20230018286 - 185 6th St Front Yard)
Page 2 of 6 VA-PL20230018286 (185 6th St Front Yard) March 19, 2024 SITE LOCATION MAP 3.C.aPacket Pg. 156Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 :
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March 19, 2024
PURPOSE/DESCRIPTION OF PROJECT:
The property is a ±0.27-acre corner lot located in the RSF-4 Zoning District. It is currently vacant
and intended for a single-family residence designed to be 15.0 feet from the East property line,
where 25.0 feet is required. The residence is proposed to comply with all other applicable
development standards, including the side and rear setbacks (See Attachment B, Conceptual Site
Plan).
The property owner requests a variance from LDC Section 4.02.01.A, to reduce the required RSF-
4 front setback by 10.0 feet to accommodate a proposed single-family residence in a location the
owner deems the most logical for their property. The owner purchased the subject property in
September of 2022.
The subject property is located on 6th St and near Southwest Blvd. The front of the property was
designed to accommodate a future planned cul-de-sac. The design resulted in the property having
a front property line that is still recessed by 10’, henceforth known as the “cut-out.” Instead of
being developed into a cul-de-sac, 6th St has been extended to provide roadway access to the
properties zoned Rural Agricultural (A) north of the subject property. The property owner has
researched solutions to mitigate the impact of the cut-out, such as adjusting the property line or
vacating the easement, which were not deemed feasible solutions at this time.
In addition to the 10’ cut-out, the property is encumbered by two easements. One 5’ Utility
Easement on the west rear yard and one 10’ Drainage Easement on the north side yard. Both side
yards have Florida Power and Light (FPL) power lines running through the yard.
For these reasons, the subject property owner believes a variance will help mitigate the
unnecessary challenges brought by the irregular shape of the subject property and the easements
encumbering the lot.
Recorded Plat Book 4 Page 62, Trail Acres Unit Two
3.C.a
Packet Pg. 157 Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 : PL20230018286 - 185 6th St Front Yard)
VA-PL20230018286 (185 6th St Front Yard) Page 4 of 6
March 19, 2024
SURROUNDING LAND USE AND ZONING:
North: Mix of developed single-family residential & vacant; Rural Agricultural (A)
East: Vacant residential and public street; Residential Single-Family-4 (RSF-4) and 6th Street
South: Developed residential single-family; Residential Single-Family-4 (RSF-4)
West: Developed residential single-family; Residential Single-Family-4 (RSF-4)
Collier County Property Appraiser
3.C.a
Packet Pg. 158 Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 : PL20230018286 - 185 6th St Front Yard)
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March 19, 2024
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is in the Urban Coastal Fringe Subdistrict (UC) land use classification on the
County’s Future Land Use Map (FLUM). This land use category is designed to provide transitional
densities between the Conservation designated area (primarily located to the south of the
Subdistrict) and the remainder of the Urban designated area (primarily located to the north of the
Subdistrict). As stated, the applicant seeks a Variance for a proposed principal residential structure
for a single-family dwelling unit, which is an authorized land use. The Growth Management Plan
(GMP) does not address individual variance requests related to land use.
ZONING DIVISION ANALYSIS:
The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff have
analyzed this petition relative to these provisions and offer the following responses:
a.Are there special conditions and circumstances existing, which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
Yes, the property is designed to accommodate a cul-de-sac which was not developed. Thus,
the property line recedes into the property by 10 feet, reducing the buildable area of the lot.
The recessed front also creates a front yard which is a minimum of 35 feet from the right-of-
way compared to the neighbors which have a minimum of 25 feet of front yard from the
right-of-way.
b.Are there special conditions and circumstances, which d o not result from the action of
the applicant such as pre-existing conditions relative to the property, which are the
subject of the Variance request?
Yes, the property’s easements and 10-foot recession are pre-existing conditions relative to
the property and do not result from the applicant's action.
c.Will a literal interpretation of the provisions of this zoning code work unnecessary and
cause undue hardship for the applicant or create practical difficulties for the applicant?
Yes, a literal interpretation of the code creates unnecessary, undue hardship and practical
difficulties for 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, and welfare?
Yes, the proposed variance is the minimum possible to make reasonable use of the land and
promote conformity within the surrounding neighborhood.
3.C.a
Packet Pg. 159 Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 : PL20230018286 - 185 6th St Front Yard)
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March 19, 2024
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 same zoning
district?
No, the variance does not grant an allowable use, which is denied by the LDC to other lands,
buildings, or structures in the same zoning district. The proposed structure will have the same
approximate “front yard” area as neighboring residences, which may outweigh the negative
impacts, if any, of granting the variance.
f.Will granting the Variance be in harmony with this Land Development Code's general
intent and purpose and not be injurious to the neighborhood or otherwise detrimental
to the public welfare?
Yes, granting the Variance will be in harmony with the general intent and purpose of the
Land Development Code and will not harm public safety, health, and 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 courses, etc.?
No, the subject property is a vacant lot with no natural obstructions.
h.Will granting the Variance be consistent with the Growth Management Plan?
Yes, approval of this Variance will not affect or change the requirements of the GMP with
respect to density, intensity, compatibility, access/connectivity, or any other applicable
provisions.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance does not impact
any preserve area, the EAC did not hear this petition.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve variance petition VA—
PL20230018286 to reduce the minimum front yard setback on the East side of the single-family
residence from 25.0 feet to 15.0 feet, as depicted in Attachment B.
Attachments:
Attachment A: Backup Package
Attachment B: Conceptual Site Plan
Attachment C: Survey
Attachment D: Property Owner Notification Letter & Certification
Attachment E: Legal Ad and HEX Sign Posting
3.C.a
Packet Pg. 160 Attachment: PL20230018286 - Staff Report - 185 6th St Front Yard (VA) [Revision 1] (28383 : PL20230018286 - 185 6th St Front Yard)
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
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 NOT 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.
____ Application, to include but not limited to the following:
____ Narrative of request
____ Property Information
____ Property Ownership Disclosure Form
____ Any other documents required by the specific petition type; such as a variance, a boat
dock extension; PUD amendment, rezone request, etc.
____ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
____ Affidavit of Representation
____ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
✓ Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
____ Deviation Justifications
3.C.b
Packet Pg. 161 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
____ Boundary Survey
____ 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.
___ 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.
They must be in the same order.
I understand that by submitting the above materials, it is the agent ’s/applicant’s responsibility to ensure all materials are in the same
order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple
files) in the same order as the printed materials. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
3.C.b
Packet Pg. 162 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
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
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: _________________________City: ________________ State: _______ ZIP: ________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: _______ ZIP: ______
Telephone: ____________________ Cell: ___________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
3.C.b
Packet Pg. 163 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
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: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
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.
3.C.b
Packet Pg. 164 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
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: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ 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 prin cipal 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.
3.C.b
Packet Pg. 165 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
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 No If yes, please provide copies.
3.C.b
Packet Pg. 166 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
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)
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 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
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
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.
3.C.b
Packet Pg. 167 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
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
o 5th 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 Date
__________________________________
Printed Name
3.C.b
Packet Pg. 168 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
Hello,
My property is located at 185 6th Street, Naples, FL 34113 and is shown in yellow in the images below.
When this community was originally plated, the configura�on of my property included a 10’-0” recess
into the front of the property to allow for a turnaround in the event that 6th Street became a dead-end
street.
However, at some point the street was extended to allow access to addi�onal proper�es to the north
making a turnaround and 10’-0” recess at the front of 185 6th Street unnecessary.
This 10’-0” recess, coupled with a 10’-0” drainage easement on one side of the property and a 5’-0”
u�lity easement on the rear has created a scenario where the buildable area of the lot is being
unreasonably compressed.
Given this, I am reques�ng a 10’-0” variance into the front setback requirement of my property in an
atempt to gain some relief for the building of my new home.
Thank you for your considera�on in this mater.
3.C.b
Packet Pg. 169 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
a) Are there special condi�ons and circumstances exis�ng which are peculiar to the loca�on, size
and characteris�cs of the land, structure, or building involved.
The subject property, 185 6th Street, has 3 restric�ve condi�ons located on 3 of its 4 sides:
1. The front yard has a 10’-0” deep by 65’-0” wide recess located along the right of way
2. The side yard to the north has a 10’-0” wide drainage easement. In the loca�on of this
easement is a drainage ditch which encroaches into the buildable area of the subject lot and
runs the length of the property.
3. The rear yard has a 5’-0” wide u�lity easement with electrical polls.
b) Are there special condi�ons and circumstances which do not result from the ac�on of the
applicant such as pre-exis�ng condi�ons rela�ve to the property which is the subject of the
variance request.
The special condi�ons outlined in the answer to ques�on “a” do not result from the ac�on of the
applicant.
c) Will a literal interpreta�on of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create prac�cal difficul�es on the applicant.
The literal interpreta�on of the provisions of this zoning code and the current condi�ons associated
with their property do create unnecessary hardship and par�cular difficul�es on the applicant.
Coupled with the 10’-0” drainage easement with a ditch and the 5’-0” u�lity easement with electrical
polls, being required by the zoning code to measure the 25’-0” front setback from a 10’-0” recess in
the property line severely restricts the buildable area and usable space of this lot. These condi�ons
also make the front yard unnecessarily large and the rear yard extremely constricted.
The gran�ng of the 10’-0” front yard variance would provide substan�al relief to mi�gate these
hardships.
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.
The gran�ng of a 10’-0” variance at the front of the property will substan�ally increase the reasonable
use of the land. As men�oned in the answer to ques�on “c”, having to measure the front setback of
25’-0” from a 10’-0” recess located at the front of the property severely restricts the buildable area
and usable space, makes the front yard unnecessarily large and the rear yard extremely constricted. By
gran�ng the 10’-0” variance into the front setback, this allows the property owner to shi� the loca�on
3.C.b
Packet Pg. 170 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
of their new home into the unnecessarily large front yard by 10’-0”. Subsequently allowing them to
gain 10’-0” in the rear yard where the space could be much beter u�lized.
e) Will gran�ng the variance requested confer on the pe��oner any special privilege that is denied
by these zoning regula�ons to other lands, buildings, or structures in the same zoning district.
There are 426 plated lots located in Trail Acres where 185 6th Street is located. All of which have the
same zoning, RSF-4. Of those 426 plated lots only 4 lots, including 185 6th Street, have the 10’-0” ROW
recess in the front yard. Of those 4 lots only 2 lots, including 185 6th Street, do not reside on a dead
end street and both of those lots are currently vacant.
In Trail Acres, there is also 3 separate scenarios on 2nd Street, Benson Street & Porter Street where the
streets come to a dead end and no turnround is provided. Of the lots that are located at the end of
these streets, none of them have a 10’-0” recess.
Given the informa�on outlined above, the gran�ng of the requested variance will not confer on the
pe��oner any special privileges.
f) Will gran�ng 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.
The gran�ng of this variance will allow the pe��oner to build their home at a distance from the right
of way that is uniform with the other residences located in Trail Acres. Given that 6th Street does not
dead end in front of 185 6th Street and a turnaround in this loca�on is unnecessary, it will not be
detrimental to the public welfare.
g) Are there natural condi�ons or physically induced condi�ons that ameliorate the goals and
objec�ves of the regula�on such as natural preserves, lakes, golf course, etc.
N/A
h) Will gran�ng the variance be consistent with the Growth Management Plan?
N/A
3.C.b
Packet Pg. 171 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
Addressing Checklist (Rev 10/2022) Page 1 of 1
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
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]
*LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES) where applicable, if already assigned.
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_Addressing@colliercountyfl.gov 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####]
3.C.b
Packet Pg. 172 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.b
Packet Pg. 173 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.b
Packet Pg. 174 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
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:
Name and Address % of Ownership
b.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
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
3.C.b
Packet Pg. 175 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
d.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 % 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: ___________
f.If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g.Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
3.C.b
Packet Pg. 176 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
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. I understand that failure to include all necessary submittal information may
result in the delay of processing this petition.
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
*The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Community Development Department | GMD Portal:
https://cvportal.colliercountyfl.gov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
3.C.b
Packet Pg. 177 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.b
Packet Pg. 178 Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
6TH STREETSCALE: 1/8"=1'-0"SITE PLAN WITH FRONT YARD SETBACK VARIANCE3.C.bPacket Pg. 179Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
25'-0" Front Setback10'-0" Variance3.C.bPacket Pg. 180Attachment: ATTACHMENT A - Backup Package (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.b
Packet Pg. 181 Attachment: ATTACHMENT
6TH STREETSCALE: 1/8"=1'-0"SITE PLAN WITH FRONT YARD SETBACK VARIANCE3.C.cPacket Pg. 182Attachment: ATTACHMENT B - Conceptual Site Plan (28383 : PL20230018286 - 185 6th St Front Yard)
25'-0" Front Setback10'-0" Variance3.C.dPacket Pg. 183Attachment: ATTACHMENT C - Survey (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.e
Packet Pg. 184 Attachment: ATTACHMENT D - Property Owner Notification Letter & Certification (28383 : PL20230018286 - 185 6th St Front Yard)
03/05/2024
(Property Owner Name)
(Property Owner Address)
Dear Property Owner:
Please be advised that the sender has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the following described property:
185 6th Street, Naples, Florida 34113.
It is our intent to ask the County to allow us to reduce the front setback on the property from 25’-0”
to 15’-0” on the aforementioned property. In order to provide you an opportunity to become fully
aware of our intention, we will be contacting you directly within the next few days or you may
choose to telephone the sender for 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,
Troy Burcky
If you would like to request more information I can be contacted at:
Troy Burcky
P.O. Box 10306
Naples, Fl 34101
239-450-6847
tburcky@gmail.com
3.C.e
Packet Pg. 185 Attachment: ATTACHMENT D - Property Owner Notification Letter & Certification (28383 : PL20230018286 - 185 6th St Front Yard)
1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEBURCKY, TROY A PO BOX 10306NAPLES, FL 34101---0 TRAIL ACRES UNIT 2 BLK 2 LOT 22 OR 1255 PG 81777261480007 UDORVAL FAMILY REV TRUST 42 MOOSE POINT DRDUNBARTON, NH 03046---0 TRAIL ACRES UNIT 2 BLK 2 LOT 20 0R 1255 PG 81777261400003 UDORVAL FAMILY REV TRUST 42 MOOSE POINT DRDUNBARTON, NH 03046---0 TRAIL ACRES UNIT 2 BLK 2 LOT 21 OR 1255 PG 81777261440005 UKEMP & ASSOCIATES C/O RICHARD L PEARSE JR PA 569 S DUNCAN AVE CLEARWATER, FL 33756---0 32 50 26 COMM AT W1/4 CNR OF SEC, N 2 DEG E 150.91FT, N 59 DEG E 1898.59FT TO POB, N 59 DEG E 150FT, S 30 DEG E 00444240002 UKEMP & ASSOCIATES INC GILBERT THARPS GOLDA THARPS 6322 S 3000 EAST #300 SALT LAKE CITY, UT 84121---0 32 50 26 COMM W1/4 CNR, N 150.91FT, N 59 DEG E 2048.59FT TO POB, CONT N 59 DEG E 150FT, S 30 DEG E 00445520006 UKSWFL HOMESITES LLC 163 EDGEMERE WAY S NAPLES, FL 34105---0 TRAIL ACRES UNIT 2 BLK 1 LOT 20 OR 1424 PG 137277260600008 ULABRA ET AL, MARCELINO RUFINA LABRA EST 171 6TH ST NAPLES, FL 34113---8554 TRAIL ACRES UNIT 2 BLK 2 LOTS 18 & 1977261320002 ULABRA, OSCAR 182 7TH STNAPLES, FL 34113---8539 TRAIL ACRES UNIT 2 BLK 2 LOTS 26 AND 2577261640009 UMONCRIEFFE, ANDRE & TAMEKA 184 6TH STNAPLES, FL 34113---0 TRAIL ACRES UNIT 2 BLK 1 LOT 21 OR 1424 PG 137277260640000 UPAYNE, BRETT V 186 7TH STNAPLES, FL 34113---8539 TRAIL ACRES UNIT 2 BLK 2 LOT 23 & 24 OR 1476 PG 140477261520006 UREESE, CHRISTOPHER JORDAN JASMIN REESE 189 6TH ST NAPLES, FL 34113---0 32 50 26 COMM AT N1/4 CNR, W 281.4FT, S 1 DEG W 1392.17FT, S 59 DEG W 263.41FT TO POB, CONT S 59 DEG W 150FT, N 30 00442960009 USAS, IAIELA-CLAUDIA 176 6TH STNAPLES, FL 34113---0 TRAIL ACRES UNIT 2 BLK 1 LOT 1977260560009 USEROME, JOSETTE 174 7TH STNAPLES, FL 34113---8539 TRAIL ACRES UNIT 2 BLK 2 LOT 2777261680001 USTOCK, JOHN & REBECCA 4000 COLUMBUS AVESANDUSKY, OH 44870---0 32 50 26 COMM AT N1/4 CNR, W 281.40FT, S 1 DEG W 1392.17FT TO POB, S 59 DEG W 263.41FT, N 31 DEG W 303.74FT, N 59 DEG 00442280006 UVO, BAC THI 826 BROMPTON COURT NW LAWRENCEVILLE, GA 30044---0 TRAIL ACRES UNIT 2 BLK 1 LOT 22 OR 1685 PG 90277260680002 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20230018286 | Buffer: 150' | Date: 3/5/24 | Site Location: 77261480007POList_1503.C.ePacket Pg. 186Attachment: ATTACHMENT D - Property Owner Notification Letter & Certification (28383 : PL20230018286
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., April 11, 2024, in the Hearing Examiner's meeting room, at 2800 North
Horseshoe Drive, Room 609/610, Naples FL 34104, to consider:
PETITION NO. PL20230018286 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT
CODE SECTION 4.02.01 A, TABLE 2.1, TO REDUCE THE REQUIRED FRONT YARD FROM 25 FEET
TO 15 FEET FOR A PROPOSED SINGLE FAMILY RESIDENCE ZONED RSF-4 AND LOCATED AT
185 6TH STREET, ALSO DESCRIBED AS LOT 2, BLOCK 2, TRAIL ACRES UNIT 2, IN
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 pennanent 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
opportunity to 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 infonnation 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
Collier County, Florida ND-38972939
3.C.f
Packet Pg. 187
3.C.f
Packet Pg. 188 Attachment: ATTACHMENT E - Legal Ad and HEX Sign Posting (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.f
Packet Pg. 189 Attachment: ATTACHMENT E - Legal Ad and HEX Sign Posting (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.f
Packet Pg. 190 Attachment: ATTACHMENT E - Legal Ad and HEX Sign Posting (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.g
Packet Pg. 191 Attachment: ATTACHMENT F - Revised HEX Sign Photos (28383 : PL20230018286 - 185 6th St Front Yard)
3.C.g
Packet Pg. 192 Attachment: ATTACHMENT F - Revised HEX Sign Photos (28383 : PL20230018286 - 185 6th St Front Yard)
04/25/2024
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.D
Doc ID: 28475
Item Summary: Petition No. VA- PL20230013525 – 5238 Texas Ave – Request for an after-the-fact variance to
reduce the required 10-foot structure-to-structure separation required by Land Development Code Section
4.02.03.D for a utility building to 3.8 feet within a Residential Single-Family-4 (RSF-4) Zoning District for
property located at 5238 Texas Avenue, also known as Lot 11, Block 9, Naples Manor Lakes in Section 29,
Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commissioner
District 1
Meeting Date: 04/25/2024
Prepared by:
Title: Planner – Zoning
Name: John Kelly
04/04/2024 11:37 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
04/04/2024 11:37 AM
Approved By:
Review:
Growth Management Community Development Department David Merino GMD Approver Skipped
04/08/2024 8:29 AM
Operations & Regulatory Management Michael Stark Review Item Completed 04/09/2024 2:31 PM
Zoning Ray Bellows Review Item Completed 04/11/2024 2:01 PM
Zoning David Merino Review Item Skipped 04/15/2024 11:59 AM
Hearing Examiner (GMD Approvers) David Merino Review Item Completed 04/15/2024 3:27 PM
Zoning Mike Bosi Division Director Completed 04/17/2024 4:12 PM
Hearing Examiner Andrew Dickman Meeting Pending 04/25/2024 9:00 AM
3.D
Packet Pg. 193
VA-PL20230013525; 5238 Texas Avenue Page 1 of 7
04/11/2024
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: ZONING DIVISION- ZONING SERVICES SECTION
GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
HEARING DATE: APRIL 25, 2024
SUBJECT: PETITION VA-PL20230013525; 5238 TEXAS AVENUE - DIPRENA
_____________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Osmath Diprena and Djoulie Adeka Osmath Diprena
5238 Texas Ave
Naples, FL 34113
REQUESTED ACTION:
To have the Collier County Hearing Examiner consider an after-the-fact variance to reduce the
required structure-to-structure separation required by Land Development Code Section 4.02.03.D
for an accessory utility building from 10 feet to 3.8 feet.
GEOGRAPHIC LOCATION:
The subject property is located at 5238 Texas Avenue, also known as Lot 11, Block 9, Naples
Manor Lakes, in Section 29, Township 50 South, Range 26 East, Collier County, Florida. (See
location map below)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property comprises 0.19± acres located within a Residential Single-Family-4 (RSF-4)
Zoning District. The petitioner seeks to remedy a construction error related to Building Permit No.
PRBD20211050976, issued on June 24, 2022, was processed as an owner/builder application
submitted via a permitting service. The permit was initially rejected as the original site plan
depicted a separation of 8.5 feet between the existing residence and the proposed 20-foot by 20-
foot utility/storage building. The error was acknowledged, and a corrective site plan depicting a
10-foot separation was submitted by iPermitting Services Corp. Upon completion of construction,
a Map of Survey was obtained, which reveals the as-built separation between the “shed” and
residence is 3.8 feet. As per the owner/applicant’s provided Narrative Statement, this discrepancy
was the result of a language barrier (See Attachment C). Available corrective actions are limited
to removing the offending structure or approving a variance for the same.
3.D.a
Packet Pg. 194 Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Page 2 of 7 VA-PL20230013525; 5238 Texas Avenue 04/11/2024 3.D.aPacket Pg. 195Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Page 3 of 7 VA-PL20230013525; 5238 Texas Avenue 04/11/2024 3.D.aPacket Pg. 196Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
VA-PL20230013525; 5238 Texas Avenue Page 4 of 7
04/11/2024
SURROUNDING LAND USE AND ZONING:
North: Texas Avenue (Right-of-Way) then a single-family residence located within an
RSF-4 Zoning District
East: A single-family residence located within an RSF-4 Zoning District
South: Preserve area of the Whistler’s Cove Planned Unit Development (PUD)
West: A single-family residence located within an RSF-4 Zoning District
Collier County GIS
3.D.a
Packet Pg. 197 Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
VA-PL20230013525; 5238 Texas Avenue Page 5 of 7
04/11/2024
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located within the Urban Residential Subdistrict of the Urban Mixed-Use
District on the County’s Future Land Use Map (FLUM) of the Future Land Use Element (FLUE)
of the GMP. The GMP does not address individual variance requests but deals with the larger issue
of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The
requested Variance does not have any impact on this property's consistency with the County's
GMP.
ZONING DIVISION ANALYSIS:
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 provisions and offers the following responses:
a. Are there special conditions and circumstances existing which are peculiar to the
location, size, and characteristics of the land, structure, or building involved?
No, however, the owner/applicant advises the subject property abuts a preserve area for the
Whistlers Cove PUD.
b. Are there special conditions and circumstances that do not result from the applicant's
action, such as pre-existing conditions relative to the property, that are the subject of
the Variance request?
No, however, the applicant advises the subject property abuts a preserve area for the
Whistlers Cove PUD.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary and
cause undue hardship for the applicant or create practical difficulties for the applicant?
The owner/applicant states that he has spent nearly $20,000 to construct the subject
shed/utility/storage building, for which the only corrective actions are removal or obtaining
an approved variance. Removal of the shed would result in a financial hardship. Zoning staff
agrees that a literal interpretation of this zoning code presents practical difficulties for the
owner/applicant.
d. Will the Variance, if granted, be the minimum variance that will allow reasonable use
of the land, building, or structure and promote standards of health, safety, and welfare?
Yes, the owner/applicant needs a variance to reduce the required 10-foot structure-to-
structure separation by 6.2 feet, allowing the existing shed/utility/storage building to remain
3.8 feet from the residence.
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 same zoning
district?
By definition, a variance bestows some dimensional relief from the zoning regulations
3.D.a
Packet Pg. 198 Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
VA-PL20230013525; 5238 Texas Avenue Page 6 of 7
04/11/2024
specific to a site. LDC Section 9.04.02 allows relief through the variance process for any
dimensional development standard. As such, other properties facing similar hardships would
be entitled to make similar requests and would be conferred equal consideration on a case-
by-case basis.
f. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code and not be injurious to the neighborhood or otherwise
detrimental to the public welfare?
Yes, the presently offending 400 square foot shed/utility/storage building is located within a
required rear yard, abuts a natural preserve, and is therefore not visually disruptive. The
owner/applicant further notes that there is sufficient space between the residence and the
utility building to escape using a rear window in the event of a fire. Zoning staff did consult
with fire officials and the Building Department, but neither had safety concerns.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.?
Yes, the subject property abuts a preserve.
h. Will granting the Variance be consistent with the Growth Management Plan?
Yes, approval of this Variance will not affect or change the requirements of the GMP
concerning density, intensity, compatibility, access/connectivity, or any other applicable
provisions.
SUMMARY FINDINGS:
Staff finds that the subject 400 square foot accessory shed/utility/storage building does not satisfy
the requirement for a 10-foot structure-to-structure separation as the provided survey reveals that
it was constructed 3.8 feet from the existing residence. The only means of abating the existing
condition is the removal of the offending structure or a variance. Staff is reluctant to recommend
approval of such a variance as the owner/applicant should have been aware of the required
structure-to-structure separation given the rejection of their building permit during the review
process. However, staff notes that the applicant was using a permitting service. It appears that
corrections required for the building permit to be issued were acknowledged and submitted by the
permitting service, not the owner/applicant. Given that the applicant’s native language is Creole,
staff believes that it is entirely possible that there was an issue with verbal and/or written
communications. Absent any public objection or evidence to the contrary, staff is compelled to
recommend approval given the unobtrusive location of the offending accessory structure.
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.
CONCURRENT LAND USE APPLICATIONS:
3.D.a
Packet Pg. 199 Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
VA-PL20230013525; 5238 Texas Avenue Page 7 of 7
04/11/2024
There are no concurrent land use applications under review at present.
PUBLIC NOTICE:
Notice Requirements for variance petitions are contained within LDC Section 10.03.06.F.2. The
required Agent Letter was sent to all property owners located within 150 feet of the subject
property on or about March 11, 2024, as evidenced by an executed Affidavit of Compliance
contained within Attachment D.
Notice of the Hearing Examiner meeting was provided by newspaper advertisement, mailed notice
to owners within 500 feet of the site, and posting of a public notice sign on the site at least 15 days
prior to the hearing.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner approve petition PL20230013525 to
reduce the required 10-foot structure-to-structure separation to 3.8 feet to allow for the continued
existence of a newly constructed 20-foot by 20-foot accessory shed/utility/storage building. As a
condition of approval, the owner/applicant/builder must obtain a Certificate of Completion for
Building Permit No. PRBD20211050976.
Attachments:
A. Map of Survey
B. Building Permit No. PRBD20211050976
C. Applicant’s Backup - Application, Narrative, Agent Letter, etc.
D. Public Hearing Sign Posting
3.D.a
Packet Pg. 200 Attachment: Staff Report 04112024 [Revision 1] (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
MAP OF SURVEY
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AASTRACT NOT FURNISHED AT IIM€ OF SURVEY,
1 STORY CBS.
RESIDENCE
FFE=7.6 (NAVD 1988)
4
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@ CoPYRIGHT MEL HATToN LAND SURVEYoRS, INc. (2025)
MEL HATTON
LAND SURVEYORS, INC.
#313 EAST GRACE STREET. P1INTA GORDA rI.oRIDA 34960,ffi
EOP-
TEXAS AYENUE
OSMATH DIPRENA
DJOULIE ADEKA
PORCH
3.D.b
Packet Pg. 201 Attachment: Attachment A - Map of Survey (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.c
Packet Pg. 202 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.c
Packet Pg. 203 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.c
Packet Pg. 204 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.c
Packet Pg. 205 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.cPacket Pg. 206Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 207Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 208Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 209Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
BUILDING SUPPLY P
COR.
RAYMOND
SINCE
1957
Roof Covering:
Scale :
Date :
Drawn By:
1/4" = 1'-0"
April 19, 2022
MISAEL GONZALEZ
OSMATH DIPRENA
Address:
RBS# :RBS# :
Builder:Builder:Owner :Owner :
County :County :
City :City :
Address:
Lot :Lot :
Block :Block :
Sub :Sub :
Model :Model :
Roof Covering:
Scale :Date :
Drawn By:
220240644220240644
DIPRENA STORAGE
COLLIER
NAPLES
5238 TEXAS AVE
.
.
.
.
Job InformationJob InformationJob InformationJob Information
Raymond Building Supply CorpRaymond Building Supply CorpRaymond Building Supply CorpRaymond Building Supply Corp
North Fort MyersNorth Fort Myers
North PortNorth Port
Tel (941) 429-1212
RevisionsRevisionsRevisions
Date# Remarks
Date:Date:
Signed:Signed:
Hanger KeyHanger KeyHanger KeyHanger Key
Your Signature WILL Acknowledge:Your Signature WILL Acknowledge:Your Signature WILL Acknowledge:
(D)=HHUS28-2
(C)=HUS28
(A)=LUS24
(E)=HGUS28-2
(F)=HGUS28-3
(G)=GTWS3T(H)=THGBH3(I)=THGBH4(J)=THJA26
(K)=SUL26
(L)=SUR26
(M)=HHUS46
(N)=THA422
FBC 2020 7TH EDITION/ TPI 2014FBC 2020 7TH EDITION/ TPI 2014FBC 2020 7TH EDITION/ TPI 2014FBC 2020 7TH EDITION/ TPI 2014
WIND =MPH170
GRAVITYGRAVITY WINDWIND
NaplesNaples
220240644
Int.
SHINGLE
Unless Otherwise Noted.Unless Otherwise Noted.
*** All Hangers are HUS26*** All Hangers are HUS26
CCC
ASCE 7-16ASCE 7-16ASCE 7-16
EnclosedEnclosedEnclosed
Cat II Residential 1.0Cat II Residential 1.0Cat II Residential 1.0
Tel (239) 731-8300
Tel (239) 348-7272
7751 Bayshore Rd.
Fax (239) 731-0383
N. Fort Myers, Fl. 33917
ReturnOne Approved Placement Plan
start until RETURNED!!Scheduling will NOT
Wind Load Type :
Building Type :
Building Exposure :
Usage :
= Hanger Symbol Denotes= Hanger Symbol Denotes
Truss - to - Truss Connection.Truss - to - Truss Connection.
20
1010
40
5
5
10
24
DURATION=1.25
MWFRS and COMPONENTS & CLADDING
TC LLTC DL
BC DL
TOTAL
PSF
PSFPSF
PSF
PSF
PSF
PSF
TC DL
BC DL
TOTAL
Spacing:" O.C.
***=HUS26
Accordance with this Placement Plan.
and Trusses. Trusses will be made in STRICT
It is YOUR responsibility to check this plan.
CONTRACTOR'S responsibility.
Connections.
@ 45. Jacks requiring an angle other than this
are to be cut in field by OTHERS.
by Truss Plant are to be FIELD FILLED by
Contractor.
kind will be accepted unless SPECIFICALLY
AUTHORIZED in writing by Truss Plant
Management.
8) Hip Jacks & Corner Jacks are DOUBLE beveled
7) NO back charges or crane charges of any
6) Truss Plant supplies only TRUSS to TRUSS
5) Any Valleys or Ceiling drops NOT provided
4) ALL permanent and temporary bracing, is
3) Erection of trusses per TPI Bulletin BCSI-B1
2) Verification of ALL Dimensions, Conditions,
1) Authorization for FABRICATION.
MWFRS and COMPONENTS & CLADDING
Bottom Chord Analyzed with 10 PSF Non-Concurrent
Live Load and 20 PSF Concurrent Live Load on
Trusses Designed with Storage as Specified on
Layout See Shop Drawings for Specifics.
Reactions Over 5000 Lbs and Uplifts
Over 1000 Lbs are Listed on the Layout
24Spacing:" O.C.24Spacing:" O.C.
Unless Otherwise Noted.Unless Otherwise Noted.
Reactions Over 5000 Lbs and Uplifts
Over 1000 Lbs are Listed on the Layout
Reactions Over 5000 Lbs and Uplifts
Over 1000 Lbs are Listed on the Layout
12
6
4 3/16
24"
2x4
2 x 4
Typical EndTypical End
Square Cut
20'20'20'20'7'6'7'U = 1046#U = 1046#
U = 1046#U = 1046#
5 1/2" WOOD TIE BEAM
5 1/2" WOOD TIE BEAM
8'-0" FLAT CLG
8'-0" FLAT CLG
NOTE: NO MECHANICAL EQUIPMENT LOADS
IN OR HUNG FROM TRUSSES
ie: AIR HANDLERS OR WATER HEATERS
NOTE: SEAT PLATES, NOT REQUIRED
FOR THIS JOB.
08'00"00 ELEVATION
BEARING WALL & BEAM HEIGHTS
A01
CJ1
CJ3
CJ5
CJ5
CJ3
CJ5
CJ3
CJ1
CJ1
CJ3
CJ1CJ1CJ3HJ10CJ5HJ10
HJ10CJ3CJ3CJ1CJ1CJ5HJ10CJ3CJ1CJ5CJ5CJ5A01A02
EJ7
EJ7
PAGE NO: 1 OF 1
3.D.c
Packet Pg. 210 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13 OH RIGHT RAKE = 2'2"13User Defined Camber of 0"1 at Center Line of Truss
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"HIPS
JOB #: 220240644
20
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 2 TOTAL= 2 SEQ = 95249
20'
7'6'7'
3"8 6'10"4 5'6"12 7'3"8
2'2'
4"33'10"34'9"15T2
7'0"6
428#
248#
2'0"6
127#
182#
1'10"8
127#
182#
2'0"6
428#
248#
7'0"6
6
12
4X6(A2)
6X8
2X4 5X6
5X5
4X6(A2)
R=1823# U=1045# W=5"8
(Rigid Surface)
R=1823# U=1045# W=5"8
(Rigid Surface)
8'
Top chord 2x4 SP #2 Dense T2 2x4 SP SS;
Bot chord 2x4 SP #2 Dense
Webs 2x4 SP #3
Special loads
------(Lumber Dur.Fac.=1.25 / Plate Dur.Fac.=1.25)
TC: From 62 plf at -2.13 to 62 plf at 7.00
TC: From 31 plf at 7.00 to 31 plf at 13.00
TC: From 62 plf at 13.00 to 62 plf at 22.13
BC: From 4 plf at -2.13 to 4 plf at 0.00
BC: From 20 plf at 0.00 to 20 plf at 7.03
BC: From 10 plf at 7.03 to 10 plf at 12.97
BC: From 20 plf at 12.97 to 20 plf at 20.00
BC: From 4 plf at 20.00 to 4 plf at 22.13
TC: 247.99 lb Conc. Load at 7.03,12.97
TC: 181.70 lb Conc. Load at 9.06,10.94
BC: 428.34 lb Conc. Load at 7.03,12.97
BC: 126.60 lb Conc. Load at 9.06,10.94
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS.
Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.
Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / A01 20' Stepdown Hip Girder THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =0.2500
3.D.c
Packet Pg. 211 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13 OH RIGHT RAKE = 2'2"13User Defined Camber of 0' at Center Line of Truss
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"HIPS
JOB #: 220240644
20
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 2 TOTAL= 2 SEQ = 95252
20'
4'9"4 4'2"12 2'4'2"12 4'9"4
3"4 8'8"12 8'8"12 3"4
9'9'
2'2'
4"34'10"35'9"156
12
3X4(A1)
3X4
4X6(R)
4X6
4X6(R)
5X6
3X4
3X4(A1)
R=962# U=472# RL=287/-287# W=5"8
(Rigid Surface)
R=962# U=472# W=5"8
(Rigid Surface)
8'
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP #2 Dense
Webs 2x4 SP #3
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS with additional C&C member design.
Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.
Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.
Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / A02 20' Stepdown Hip THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =0.2500
3.D.c
Packet Pg. 212 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"JACK
JOB #: 220240644
1
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 8 TOTAL= 8 SEQ = 95238
3"4
8"12
1'2'4"310"31'9"156
12
2X4(A1)
R=377# Rw=448# U=268# RL=80/-68# W=5"8
(Rigid Surface)
R=-39# Rw=49# U=56# NAILED
R=-117# Rw=128# U=167# NAILED
8'
8'6"11
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP #2 Dense
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS with additional C&C member design.Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / CJ1 1' Jack THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =1.0000
3.D.c
Packet Pg. 213 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"JACK
JOB #: 220240644
3
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 8 TOTAL= 8 SEQ = 95240
3"4 2'8"12
3'2'4"31'10"32'9"156
12
2X4(A1)
R=325# Rw=330# U=157# RL=141/-91# W=5"8
(Rigid Surface)
R=45# U=13# NAILED
R=47# U=55# NAILED
8'
9'6"11
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP #2 Dense
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS with additional C&C member design.Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / CJ3 3' Jack THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =1.0000
3.D.c
Packet Pg. 214 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"JACK
JOB #: 220240644
5
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 8 TOTAL= 8 SEQ = 95242
3"4 4'8"12
5'2'4"32'10"33'9"156
12
2X4(A1)
R=384# U=164# RL=202/-113# W=5"8
(Rigid Surface)
R=87# NAILED
R=119# U=122# NAILED
8'
10'6"11
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP #2 Dense
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS with additional C&C member design.Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / CJ5 5' Jack THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =0.7500
3.D.c
Packet Pg. 215 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 2'2"13
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"EJACK
JOB #: 220240644
7
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 8 TOTAL= 8 SEQ = 95246
3"4 6'8"12
7'2'
4"3 3'10"34'9"156
12
2X4(A1)
R=456# U=181# RL=262/-136# W=5"8
(Rigid Surface)
R=127# NAILED
R=182# U=181# NAILED
8'
11'6"11
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP #2 Dense
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS with additional C&C member design.Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.Bottom chord checked for 10.00 psf non-concurrent live load.
Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / EJ7 7' End Jack THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =0.5000
3.D.c
Packet Pg. 216 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
TC LL REF
TC DL DATE
BC DL DRWG
BC LL
TOT.LD. O/A LEN.
DUR.FAC.
TYPE
**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!**WARNING!** READ AND FOLLOW ALL NOTES ON THIS DRAWING!
**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.**IMPORTANT** FURNISH THIS DRAWING TO ALL CONTRACTORS INCLUDING THE INSTALLERS.
Trusses require extreme care in fabricating, handling, shipping, installing and bracing. Refer to and follow the latest edition of BCSI
(Building Component Safety Information, by TPI and WTCA) for safety practices prior to performing these functions. Installers shall provide
temporary bracing per BCSI. Unless noted otherwise, top chord shall have properly attached structural sheathing and bottom chord shall have
a properly attached rigid ceiling. Locations shown for permanent lateral restraint of webs shall have bracing installed per BCSI sections B3,
B7 or B10, as applicable. Apply plates to each face of truss and position as shown above and on the Joint Details, unless noted otherwise.
Refer to drawings 160A-Z for standard plate positions.
ITW Building Components Group Inc. shall not be responsible for any deviation from this drawing, any failure to build the truss
in conformance with ANSI/TPI 1, or for handling, shipping, installation & bracing of trusses.
A seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for theA seal on this drawing or cover page listing this drawing, indicates acceptance of professional engineering responsibility solely for the
design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.design shown. The suitability and use of this drawing for any structure is the responsibility of the Building Designer per ANSI/TPI 1 Sec.2.
For more information see this job’s general notes page and these web sites:
ITWBCG: www.itwbcg.com; TPI: www.tpinst.org; WTCA: www.sbcindustry.com; ICC: www.iccsafe.org
OH LEFT RAKE = 3'
DESIGN CRIT=FBC7THED2020/TPI-2014 FT/RT=20%(0%)/10(0)PLT. TYP.-WAVE
20.0psf
10.0psf
10.0psf
0.0psf
40.0psf
1.25
SPACING 24.0"HIP_JACK
JOB #: 220240644
91013
MG
04-19-2022
REV. 20.02.01D.0218.16QTY= 4 TOTAL= 4 SEQ = 95244
5'4"1 4'6"11
4"11 9'2"8 3"9
9'10"132'9"15
3"14 3'9"144'9"111'5"12
-9#
-92#
2'9"15
90#
94#
2'9"15
173#
238#
2'9"3
4.24 12
2X4(A1)
2X4
5X5
R=393# U=593# W=7"12
(Rigid Surface)
R=302# U=217# NAILED
R=66# U=48# NAILED
8'
11'6"6
Top chord 2x4 SP #2 Dense
Bot chord 2x4 SP SS
Webs 2x4 SP #3
Special loads
------(Lumber Dur.Fac.=1.25 / Plate Dur.Fac.=1.25)
TC: From -0 plf at -2.93 to 61 plf at -0.10
TC: From 2 plf at -0.10 to 2 plf at 9.90
BC: From 0 plf at -2.93 to 4 plf at -0.10
BC: From 2 plf at 0.00 to 2 plf at 9.90
TC: -91.77 lb Conc. Load at 1.48
TC: 94.20 lb Conc. Load at 4.31
TC: 238.43 lb Conc. Load at 7.13
BC: -9.38 lb Conc. Load at 1.48
BC: 89.95 lb Conc. Load at 4.31
BC: 173.40 lb Conc. Load at 7.13
170 mph wind, 15.00 ft mean hgt, ASCE 7-16, CLOSED bldg, Located anywhere in roof, RISK CAT II, EXP C, wind TC DL=5.0
psf, wind BC DL=5.0 psf. GCpi(+/-)=0.18
Wind loads and reactions based on MWFRS.
Wind loading based on both gable and hip roof types.
In lieu of rigid ceiling use purlins to brace BC @ 48" oc.
Bottom chord checked for 10.00 psf non-concurrent live load.Deflection meets L/360 live and L/240 total load. Creep increase factor for dead load is 2.00.
Plates sized for a minimum of 4.00 sq.in./piece.
Job:(220240644) / HJ10 9'10"13 Hip Jack Girder THIS DWG. PREPARED BY THE ALPINE JOB DESIGNER PROGRAM FROM TRUSS MFR'S LAYOUT
SCALE =0.5000
3.D.c
Packet Pg. 217 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 :
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT / BUILDING REVIEW & INSPECTION DIVISION
2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428
Outstanding Corrections
Date: December 01, 2021 PERMIT NO: PRBD2021105097601
Contact Name: YOALYS MARTIN APPLICATION NO: PRBD20211050976
Address: 3210 22ND AVE NE
City, State Zip: NAPLES, FL 34120
JOB SITE ADDRESS: 5238 Texas AVE, Naples, Single
Family
Email:Ipermitting@gmail.com
Dear Applicant:
Plans submitted with the referenced permit have been reviewed.We are unable to approve your permit application for the
reason(s) indicated below.
Corrections will need to be submitted through the GMD Portal at https://cvportal.colliercountyfl.gov/CityViewWeb/
Once the documents are completely uploaded you must click the 'OK' button each time.
For Applications Submitted through the GMD E-Permitting Portal:
·Resubmittals must be submitted in the same session and the changes must be clouded.
·Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected
sheets). Submittals containing just the corrected sheets will be returned as Insufficient.
·A written letter of response summarizing the changes made to address each correction comment must be
included in your resubmittal. Failure to include a written letter of response could result in a rejection.
·After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified
through this process.
JOB DESCRIPTION: NEW STORAGE
5238 Texas AVE, Naples, Single Family
Rejected Review: Residential Review
Reviewed By: William Craft
Phone:239-252-2634 Email:William.Craft@colliercountyfl.gov
Correction Comment 1: FBC-R 7th 2020 R803.2.2 - Allowable spans -
The minimum thickness and span rating for wood structural panel roof sheathing shall not exceed the values set forth in Table
R803.2.2.
Regardless of design approach or standard utilized, the minimum allowed sheathing shall be 19/32? for wind speeds over 150
mph.
per Sheet 2 of 3 references 1/2".
Correction Comment 2: FBC-B 7th 2020 107.2.1 - Information on construction documents. - Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the
provisions of the code and relevant laws, ordinances, rules and regulations, as determined by the building official.
Sheet 2 of 3 calls for the interior to be stucco over sheathing. The exterior is unknow. Clarify.
Correction Comment 3: As of January 1, 2020, the Product Approval/NOA index sheet is a required form. Please see links
below for form and instructions.
EXAMPLE & INSTRUCTIONS: https://www.colliercountyfl.gov/Home/ShowDocument?id=87550
BLANK FORM: https://www.colliercountyfl.gov/home/showdocument?id=76659
Missing soffit material. revise index sheet and product approval to provide.
3.D.c
Packet Pg. 218 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
Correction Comment 4: FBC-R 7th 2020 R802.10 - Wood Trusses - Truss design drawings, prepared in conformance to
Section R802.10.1, shall be provided to the building official and approved prior to installation.
No truss layout plan was noted within submission. Provide truss layout plans and details by the truss manufacturer.
Correction Comment 5: FBC-R 7th 2020 R806.1 - Ventilation Required & R806.2 - Minimum Vent Area. - Enclosed attics and
enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters shall have cross ventilation
for each separate space by ventilating openings protected against the entrance of rain or snow.
Provide the attic vent calculations to include soffit.
Correction Comment 6: FBC-R 7th 2020 R807.1 - Attic Access - Buildings with combustible ceiling or roof construction shall
have an attic access opening to attic areas that have a vertical height of 30 inches (762 mm) or greater over an area of not
less than 30 square feet (2.8 m2).
Provide location of attic access.
Rejected Review: Zoning Review
Reviewed By: Stefanie Nawrocki
Phone:239-252-2313 Email:Stefanie.Nawrocki@colliercountyfl.gov
Correction Comment 1: The new storage building must maintain a minimum 10' separation to the main house. Please revise
certified site plan.
Correction Comment 2: Accessory buildings shall not occupy an area greater than five (5) percent of the total lot area in all
residential zoning districts. Nothing herein contained shall serve to prevent the construction of an accessory building
containing an area of less than 500 square feet provided all yard and building spacing requirements can be met.
This lot allows for a maximum of 500 Sq Ft of detached accessory building. Please revise plans.
Rejected Review: FEMA Review
Reviewed By: Andrew O'Rourke
Phone:239-252-2722 Email:Andrew.ORourke@colliercountyfl.gov
Correction Comment 1: Proposed improvement is located within Flood zone AE with base flood elevation (BFE) of 7' NAVD.
Further FEMA pending Zoning.
Rejected Review: Engineering Review
Reviewed By: Christian Mumme
Phone:239-252-1301 Email:Christian.Mumme@colliercountyfl.gov
Correction Comment 1: -Per LDC Section 6.05.03, please provide a Type I or Type II stormwater plan that identifies the total
lot area, and total impervious (existing plus proposed). If 40% or less of the total lot is impervious area then a Type I
stormwater plan is required and must verify directional flow (flow arrows) of stormwater generated from the proposed
improvements will not impact adjacent properties.
If more than 40% impervious area, a Type II stormwater plan signed and sealed by a registered professional engineer is
required for the excess impervious area.
Please note that per LDC Section 6.05.03, pools are considered impervious area.
Please see link below for a guide for stormwater requirements.
http://www.colliercountyfl.gov/home/showdocument?id=72831
3.D.c
Packet Pg. 219 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
ATTENTION:
Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their
status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved.
When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the
Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section,
104.5.1.1 to 104.5.1.4 (as amended).
3.D.c
Packet Pg. 220 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
TO: COLLIER COUNTY GOVERNMENT
BUILDING REVIEW AND PERMITTING DEPARTMENT
2800 HORSESHOE DRIVE
NAPLES, FL 34104
PERMIT NUMBER: PRBD2021105097601
ADDRESS: 5238 TEXAS AVE
DESCRIPCTION OF WORK: NEW STORAGE
Rejected Review: RESIDENTIAL
Review Reviewed By: WILLIAM CRAFT
Correction Comment 1: Please see CORRECTED PLANS
Correction Comment 3: Please see index sheet
Correction Comment 4: Please see truss design and manufacture
Correction Comment 5: See attached corrected plans
Correction Comment 6; Please see correction on plans
Rejected Review ZONNING Review
Review Reviewed By: Stefanie Nawrocki
Correction Comment 1: Please see corrected plans setback and dimension.
Rejected Review Engineering Review
Review Reviewed By: Christian Mumme
Correction Comment 1: Please see attached stormwater Plan by owner.
3.D.c
Packet Pg. 221 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
3.D.cPacket Pg. 222Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 223Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 224Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.cPacket Pg. 225Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT / BUILDING REVIEW & INSPECTION DIVISION
2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428
Outstanding Corrections
Date: May 19, 2022 PERMIT NO: PRBD2021105097601
Contact Name: YOALYS MARTIN APPLICATION NO: PRBD20211050976
Address: 3210 22ND AVE NE
City, State Zip: NAPLES, FL 34120
JOB SITE ADDRESS: 5238 Texas AVE, Naples, Single
Family
Email:Ipermitting@gmail.com
Dear Applicant:
Plans submitted with the referenced permit have been reviewed.We are unable to approve your permit application for the
reason(s) indicated below.
For Applications Submitted through the GMD E-Permitting Portal:
·Resubmittals must be submitted in the same session and the changes must be clouded.
·Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected
sheets). Submittals containing just the corrected sheets will be returned as Insufficient.
·A written letter of response summarizing the changes made to address each correction comment must be
included in your resubmittal. Failure to include a written letter of response could result in a rejection.
·After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified
through this process.
JOB DESCRIPTION: NEW STORAGE (20x20)
5238 Texas AVE, Naples, Single Family
Rejected Review: Engineering Review
Reviewed By: Christian Mumme
Phone:239-252-1301 Email:Christian.Mumme@colliercountyfl.gov
Correction Comment 2: Driveway appears not to be shown on construction plans and does not appear to be shown in
calculations. The driveway appears to be concrete in an arial image and classifies as an impervious area and must be shown
on construction plans and added into impervious area calculations. If the added driveway puts your percentage over 40% then
a type II stormwater plan must be submitted.
ATTENTION:
Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their
status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved.
When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the
Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section,
104.5.1.1 to 104.5.1.4 (as amended).
3.D.c
Packet Pg. 226 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
TO: COLLIER COUNTY GOVERNMENT
BUILDING REVIEW AND PERMITTING DEPARTMENT
2800 HORSESHOE DRIVE
NAPLES, FL 34104
PERMIT NUMBER: PRBD2021105097601
ADDRESS: 5238 TEXAS AVE
DESCRIPCTION OF WORK: NEW STORAGE
Rejected Review Engineering Review
Review Reviewed By: Christian Mumme
Correction Comment 1: Please see attached stormwater Plan by owner showing the concrete
driveway 420 sqft.
3.D.c
Packet Pg. 227 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
3.D.c
Packet Pg. 228Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.c
Packet Pg. 229 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
Approval of Construction Documents
Building Plan Review & Inspection
2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2400
Residential Permits
These electronic documents have been reviewed for Code Compliance by the Building Plan Review & Inspection
Division of the Collier County Growth Management Department. The documents are available for download from
the GMD Public Portal. These specific documents, listed as “Approved Plans (PR)” on the Portal, must be
available for Inspectors to review on the job site in either electronic or paper form as the approved version in
accordance with the Florida Building Code Section 107.3.1. Other supporting documents may be required on site
as needed to meet code requirements.
Permit Number: PRBD2021105097601
Job Site Address: 5238 Texas AVE, Naples, Single Family
Permit Description: NEW STORAGE (20x20)
5238 Texas AVE, Naples, Single Family
Permit Issuance Date: 06/24/2022
Document List:
Portal File Type Portal File Name
1.Approved Plans (PR)Truss Engineering (Alpine Output - Drawing (Received).pdf)
2.Approved Plans (PR)Truss Layout (220240644 11X17 (Received).pdf)
3.Approved Plans (PR)Product Index Sheet (Index Sheet Non Impact0 (Received).pdf)
4.Approved Plans (PR)Construction Plans (Corrected Plans _e-signed_01-27-2022 (1)
(Received).pdf)
5.Approved Plans (PR)Sub 3 NEW Storm Water Plan (Stormwater plan revsion.pdf)
3.D.c
Packet Pg. 230 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:2022982364
Transaction Number:2022-063434
Date Paid:06/24/2022
Amount Due:$984.38
Payment Details:Payment Method Amount Paid Check Number
Cash $1,000.00
Amount Paid:$1,000.00
Change / Overage:$15.62
Contact:DIPRENA, OSMATH DJOULIE ADEKA
5213 MARTIN ST
NAPLES , FL 34113
FEE DETAILS:
Fee Description Reference Number Original
Fee
Amount
Paid
GL Account
Zoning Review - Additional
Reviews
PRBD20211050976 $37.50 $37.50 131-138326-343990
Inspection Fee PRBD20211050976 $675.00 $675.00 113-138900-322110-000000
Site Engineering PRBD20211050976 $150.00 $150.00 131-138327-322490
Structural - Review Fee PRBD20211050976 $50.00 $50.00 113-138900-322110-000000
Electrical - Review Fee PRBD20211050976 $50.00 $50.00 113-138900-322110-000000
BCAI PRBD20211050976 $13.13 $13.13 113-000000-208820
DBPR Surcharge PRBD20211050976 $8.75 $8.75 113-000000-208800
Cashier Name:AlinaHarris
Batch Number:11150
Entered By: JenniferGonzalez
3.D.c
Packet Pg. 231 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
PRBD20211050976
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRBD20211050976 PERMIT TYPE: Building
DATE ISSUED: June 24, 2022
BUILDING CODE IN EFFECT: FBC 7th Edition 2020
JOB ADDRESS: 5238 Texas AVE, Naples, Single Family
FOLIO #:
JOB DESCRIPTION: NEW STORAGE (20x20)
5238 Texas AVE, Naples, Single Family
OWNER INFORMATION:
DIPRENA, OSMATH DJOULIE ADEKA
5238 TEXAS AVE
NAPLES, FL 34113
AREA OF WORK (SQFT): 600
SETBACKS:
FRONT: REAR: 10' Accessory LEFT: 7.5' RIGHT: 7.5'
FLOOD ZONE: AE
SEWER:
WATER:
CONTRACTOR INFORMATION:CERTIFICATE #:
SUB CONTRACTOR INFORMATION:
DIPRENA, OSMATH DJOULIE ADEKA
5238 TEXAS AVE
NAPLES, FL 34113
DIPRENA, OSMATH DJOULIE ADEKA
5238 TEXAS AVE
NAPLES, FL 34113
3.D.c
Packet Pg. 232 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
PRBD20211050976
INSPECTION JOB CARD
To schedule inspections call 239-252-3726
or visit https://cvportal.colliercountyfl.gov/cityviewweb
SETBACKS:
FRONT:REAR:10'
Accessor
y
LEFT:7.5'RIGHT:7.5'SPECIAL:FLOOD
ZONE:
FZAE
INSPECTION OUTCOME COMMENTS
107 -
Truss/Sheathing/Bucks
108 - Framing
109 - Insulation
111 - Dry-in/Flashing
115 - Building Final
133 - Monolithic Slab
134 - Roofing Final
135 - Shutters Final
136 - Impact Glass door only - Windows Non impact
151 - Shearwall/Nailing
152 - Shearwall/Water
Barrier
153 - Shearwall/Stucco Lath
154 - Soffit Coverings In
progress
Please do NOT complete Soffit installation prior to inspection.
501 - Electrical Rough
502 - Electrical Final
801 - Site Drainage
802 - Landscaping
810 - Exotic Vegetation
Removal
814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspections
are scheduled.
OPEN CONDITIONS
Condition Type:Condition Description:
3.D.c
Packet Pg. 233 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
PRBD20211050976
NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400.
NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are
in effect at all times. Work permitted, RESIDENTIAL Areas – 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL
Areas (more than 500 feet from Residential Area) 6:00AM to 8:00PM Monday thru Saturday. No Work on Sundays or Holidays.
RADIOS, LOUDSPEAKERS, ETC. – Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE
LOCATIONS – Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable
utilities.
Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes,
ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not
commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the
commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must
be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION, CONTACT DEP AT (239) 344-5600.
NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be
found in the public records of this county, and there may be additional permits required from other governmental entities such as
water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED
AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND
TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY
BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
3.D.c
Packet Pg. 234 Attachment: Attachment B - Building Permit PRBD20211050976 - Dig Signatures Removed (28475 : PL20230013525 VA 5238 Texas Ave Diprena
C-a CrountY
COLTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
collie .n et
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(2?91 252-24OO FAX: 1239) 252-6354
VARIANCE PETITION APPLICATION
Variance lrom Setbocks Required lor d Particulor Zoning District
LoC section 9.04.00 & Code of Laws section 2-83 - 2-90
Chapt er 3 J. of the Administrative Code
A f, a) i3.,-ti 5J 5
fo be completed bY stoff
APPTICANT CONTACT INFORMATION
Name of Property Owner(s):o*\t/te-.o
Name of Applicant if different than owner:
Address | 5J3? Te.-,,s Av.- Cit v:/vlz L'li: State:ft- np. 3tll3
Telephone:i 3a- t 16t' .,{.1 Cell:Fax:
E-Mail Address: O ,tb
Name of Agent:
Address
I (
Firm:
,,5N? fi^,;s Aue City t i).le:state: FL zP 3q(-<
Telephone:;t3i-t tCrS'(61 Ce[:Fax:
E-Mail Address:t rr'4 an i l. co(
BE AWARE THAT COLI-IER COUNTY HAS TOBBYIST REGULATIONS. GUIDE YOURSEtF ACCOROINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
4/27 /2018 Page L of 6
3.D.d
Packet Pg. 235 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
C-o C-ounty
COttIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
.colliersov,net
28OO NORTH HORSESHOE DRIVE
NAPLES, FI.ORIOA 34104
123912s2-24oo FAX: (239) 2s2-6358
PROPERTY INFORMATION
Provide a detailed legal description ofthe property covered by the application: (lf spaceis
inadequate, attach on separate page)
Property l.D. Number:62257960009 section/Township/Range: ?J 50-J 26
Subdivision:5O83OO . NAPLES MANOR LAKE unit:-Lot: 11 Block'
Metes & Eounds Description:
-
Total Acreage: 0'19
Address/ General Location of Subiect Property:5238 TEXAS AVE
9
ADJACENT ZONING AND tAND USE
Land Use
N VACANT LOT RESIDENTIAL
s PUD BESiDENTIAL
E RSF'4 NES DENTIAI
W RSF 4 FESIDENTIAL
Minimum Yard Requirements for Subject Property:
Front:25
side: 7 5
Re"r' 10
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.
412112018 Pagc 2 of 5
Zoning
Corner Lot: ves ! ruo E
waterfront Lot: ves I f'lo E
3.D.d
Packet Pg. 236 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
C-a er C-ouuty
COLTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
llierPov.net
28OO NORTH HORSESHOE DRIVE
NAPLES, TLORIDA 34104
l2r9l 252-24OO FAX: (2391 252-63s8
ASS0CTATTONS
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 htto://www.collie rsov. net/lndex.asp x? oas.e=7 7 4.
Name of Homeowner Association:NAPLES MANOR HOMEOWNERS ASSOCIATION INC
Mailing Address . IJ50l GEORGIA AVENUE City: sLvERsPRrNGs State: MD ZIP' 2os02
Mailing Address:City:
-
State:
-
zlP:
-Name of Homeowner Association:
Mailing Address:City:
-
State:
-
ZIP:
-Name of Homeowner Association:
Mailing Address:City:
-
State:
-
ZIP:
-Name of Homeowner Association:
Mailing Address:citv: state: zlPi
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 1.8 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 LOC 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.
412112078 Page 3 of 6
Name of Homeowner Association:
3.D.d
Packet Pg. 237 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Co et Covmty
COTLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliersov.net
28OO NORTH HORSESHOE DRIVE
NAPLES, FI-ORIDA 34104
ergl2s2-24oo FAx: (239) 2s2-53s8
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) Willgranting the variance be consistent with the 6rowth Management Plan?
4. Official lnterpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes r No lf yes, please provide copies.
4/2712018 Page 4 of 6
3.D.d
Packet Pg. 238 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Co C-oun$er
28OO NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 2s2-2400 FAx: (239) 2s2'63s8
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. lncomplete submittals will not be accepted.
NOT
R EQUIR EDREQUIREMENTS FOR REVIEW # oF coPtEs REQUIRED
ADDITIONAL REqUIREMENTS FOR THE PUBLIC HEARING PROCESS:
. FollowinB 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.
websiteication (download current form from countComleted A
1NotesPre-Appl:cation Meeti
Pro ect Narrative
1hecklistImleted Ad
1ure FormwnershiPtoe
ual Site Plan 24" x 36" and one 8% " x 77" copConce
2showinthe encroachment (measured in feetofro peSu
2ned and notarizedAffidavit of h riz ation s
3Deeds/Le t's
1
5
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with leBend
included on aerial
1or walver r uestHistorical 5u
3
tr1Once the first set of review comments ore posted, provide the assiSned
lanner the Pro Letter and CertificationrtOwner Adviso
1 EElectronic copy of all documents and plans
*Please advise: The Office ofthe Hearing Examiner requires all
materaals to be submitted electronically in POF format.
4/27/2018 Pagc 5 of 6
COTTIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.collierqov,net
I
Location map
tr D
Environmental Data Requirements or exemption justification
n
tr
3.D.d
Packet Pg. 239 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Co ev Qounty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
Planners: lndi.ate if the petition needs to be routed to the following reviewersi
28OO NORTH HORSESHOE DRIVE
NAPIES, FLORIDA 34104
(239) 2s2-2400 FAX: (239) 2s2-6358
!I Bayshore/Gateway Triangle Redevelopment
II Executive Dirp.lor tr Historical Review
n City of Naples: Robin Singer, Planning Director lmmokalee Water/5ewer District
E Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra
!Emergency Management: Dan Summersj and/or
EMS: Artie Bay
School District (Residential Components)r Amy
Lockheart
tr Other Gteuren Iv *pc.s F. u-a
FEE iEQUIREMENTS
t/ Pre-ApplicationMeetingr S5OO.oOr' Varianc, Petition:y' Residential- S2,OOO.OO X )-
o Non-Residential-55,000.00
o Sth and Subsequent Review. 20% of original feey' Estimated Legal Advertising Fee for the Office of the Hearing Examiner: S1,125.00
Z- Alfer:tetact zoning/Land use Petitions:)x the ormalpetition fee
Listed Species Survey (if EIS is not required): S1,000.00
Firc Code Plons Review Fees ore collected ot the time ol opplicotion submission ond those lees ore set lorth by the
Authotity hoving jutisdiction. The Lond Development Code requires Neighborhood Notificotion moilers for
Applicotions heoded to heoring, and this fee is collected prior to heoring.
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 rnay result
in the delay of processing this petition.
All checks payoble to: Boord of County Commissioners
The completed application, all required submittal materials, and the permit fee shall be submitted to;
Growth Management Department
Zoning Division
ATTN: Eusiness Center
2800 North Horseshoe Drive
Naples, FL 34104
Aooo licant Signature
Printed Name
(
4/27 120L8 Page 6 of 6
I
!
n
gtJX-z+
Date
3.D.d
Packet Pg. 240 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Addressing Checklist (Rev 10/2022) Page 1 of 1
Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
www.colliercountyfl.gov
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]
*LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary]
STREET ADDRESS(ES) where applicable, if already assigned.
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_Addressing@colliercountyfl.gov 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####]
3.D.d
Packet Pg. 241 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.d
Packet Pg. 242 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.d
Packet Pg. 243 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Co t Coun w
Growth Management Community Development Department
2800 North Horsesho€ Drive, Naples, Florida 34104
Phone: (239) 252-1035 | Email: GMDClientservices@colliercountyfl.gov
www.colliercounMl.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. lf 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
pe rce nta e of su ch interest
b. lf the property is owned by a CORPORATION list the officers and stockholders and the
percentage of stock owned b each:
lf the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
c
Name and Address % of Ownership
DIPRENA, OSMATH/DJOULIE ADEKA 100
Name and Address % of Ownership
0t12023 Page 1 of 3
3.D.d
Packet Pg. 244 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
r Coun w
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1035 | Email: GMOClientservices@colliercounMl.gov
www.col liercountyf l.gov
general and/or limited a rtners
lf 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
e
officers, stockholders, beneficiaries, or artners
Date of Contract:
f. lf any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation,artnershi , or trust
! Leased: Term of lease years /months
lf, Petitioner has option to buy, indicate the following:
% of Ownership
Name and Address % of Ownership
Name and Address
Page 2 of 3
d. lf the property is in the name of a GENERAL or LlMlIgQ iA8l!-E-ts5llg list the name of the
g. Date subject property acquired
Name and Address
07/2023
3.D.d
Packet Pg. 245 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Cfr r Coun ty
Growth Management Community Development Department
2800 North Horseshoe Drive, Naples, Florida 34104
Phone: (239) 252-1036 | Email: GMDClientservices@colliercounMl.gov
www.colliercountyf Lgov
Date of option:
Date option terminates:
Anticipated closing date:
or
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 outhorized ogent/opplicont for this petition, I ottest thot qll oI the informotion indicoted on this checklist is
included in this submittol pockoge. I understond that fqilure to include oll necessory submittdl informotion moy
result in the deloy of processinq 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. col I iercountyf Lgov/cityviewweb
Questions? Email: GMDclientservices@colliercountyfl.gov
z-22+
DateAgent/Owner Signature
Osmath Diprena
Agent/owner Name (please print)
otl2023 Page 3 of 3
3.D.d
Packet Pg. 246 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)P1202300r3525
ADEXA DJO!L Et,(print name), aS OWNER (title, if
(company, I la licable), swear or affirm
and that
applicable) of
under oath, that I am the (choose one) owner applicant Econtract purchaser
1. I have full authority to secure the approval(s) requested and to impose covenants and restriclions 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. I 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 that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
5. We/l authorizeosM^rH DTPEENA to act as our/my representative
in any matters regarding this petition including'1 through 2 above
Wotes:. lf the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.. lf 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.". lf the applicant is a paftnership, then typically a paftner can sign on behalf of the partnership.. lf the applicant is a limited partnership, then the general paftner must sign and be identified as the "general
painer" of the named paftnership.
. lt the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's status, e.9., individual, corporate, trust, paftnership, 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.
l)7-
Signature Date
STATE OF FLORIDA
COUNry OF COLLIER
7
cknowleged before me by means of Elpnysicat presence or Eonline notarization this
2C&L, by (Winled name of owner or qualiller) aDEKA DJouLrE
The fo regoing instrument was a
day of
Such person(s) Notary Public must check applicable box:
! Are personally known to me
E las p roduced a current drivers license DnlvERs LlcENsE
E Has produced
Notary Signature
.jlrr,;.t.. RENALoPAUTJg7Fii?! Ndr.rv pubti. - slate of Florlda
ni #J-i; a;mitron , HH 28742E
'?F'.fr uv io,nt. erqres Jul 11 2026
Bonded th'augh t{atrc'ttl t'ottry Attn
u$v trtalox FlollrN qlnoJql papuog
9Z0Z 'Ir tnf rirldx! ururot ,tw ..^.r,o...
8ztt8z HH, uoueru,JuJoi Jrr+\\.i.
epuqJ ro arers .nqnd &";* .'ii€.ij.]
]nYd 0lyN3! l-1fl^gry:
cP\0&coA-001l5\155
REV 3/4/2020
as identification
3.D.d
Packet Pg. 247 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)P1202300r3525
(title, if
applicable) of (company, lf a licable), swear or affirm
under oath, that I am the (choose one) owner applicant flcontract 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 honesl and lrue;
3. I 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/l authorize ADExaDJoLT E to act as our/my representative
in any matters regarding this petition including'l through 2 above-
*Notesi
. lf the applicant is a corporation, then it is usually executed by the corp. pres. orv. pres.. lf 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.". lf the applicant is a paftnership, then typically a pafiner can sign on behalf of the paftnership.. lf the applicant is a limited paftnership, then the general partner must sign and be identified as the "general
partner" of the named paftnership.
. lf the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's sfafus, e.9., individual, corporate, trust, painership, 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.
tr3p14;[l^-.D;f4_4"e o/ - ?-2.&_
SlgnEtur€Date
STATE OF FLORIDA
COUNTY OF COLLIER
fi ttas p roduced a current drivers license oFlvERsLlcENSE
E Has produced as identi
(print name), aS owNER
Notary Signatu
."F*+,
,?^f8ir.,
8on
Not ry londa
c istion H H 118 28
Com €r35 26c
ded trhrough
RENAIO PAUt
Publi( . State o
cP\0&coA-001l5\155
IiNi,V 3t4t2020
on
The foregoing instrument was acknowleged before me by means of Ephysical presence or I online notarization this
a-'
-day
otf,a1aa4L-' 2024 . by (printed name of owner or qualifier) osMA-q DrPq'\a
Such person(s) Notary Public must check applicable box:
! Are personally known to me
3.D.d
Packet Pg. 248 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
Project Narrative
This request for a variance is because after obtaining permit PRBD20211050976 for a (new storage shed)
I tried to submit the spot survey to the zoning department and found that there was an issue with the
Setbacks.
The requested variance is from the required 10-foot structure-to-structure separation required by LDC
Section 4.02.03.D. The unfortunate encroachment occurred because of a language barrier and
comprehension of what the site plans stated when it came to the approved setbacks. I built the
structure where I believed it would be the most convenient for me and my wife to access the building,
but it didn’t meet the approved 10-foot structure-to-structure separation which I didn’t know. The
shed building is 3.8 feet away from the residence and I was told by staff that I have an option to submit
for a variance for the extra 6.2 ft that we are missing to comply to the regulation. This is the first building
I’ve ever built at my residence and because of my ignorance and miss understanding of the county
regulations I placed the building in the wrong spot. Unfortunately, we cannot move the building now
because it wouldn’t be cost effective nor possible to move the building without just taring the building
down and starting over. Were deeply sorry for creating such a situation but we are requesting approval
so that we don’t lose all the money we invested into this structure.
Sincerely , Osmath Diprena
3.D.d
Packet Pg. 249 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
NATURE OF PETITION
[DOCUMENT TITLE]
1.To whom this may concern my name is Osmath Diprena and I am the owner of 5238 Texas Ave which
was built back in 1976 (76-1329 ) and I’m asking for a variance because I’m unable to meet the 10-foot
required separation from structure to structure for my utility shed . I did apply for a permit
(PRBD20211050976) for a utility shed which was applied for, reviewed, and approved on 6-24-2022.
Were asking for a reduction of the required 10-foot separation from structure to structure to be reduced
to 6.2 feet. The property was purchased on 3-29-2021, but I had started building the structure on 7-9-
2023 after obtaining the required permits to build (PRBD20211050976). The encroachment is a result of
me not reading the plans correctly and I placed the utility building in the wrong spot. This came to light
when I submitted the spot survey and staff rejected the spot stating I needed to apply for a variance for
the additional 6.2 feet that I was off.
2. There has been no site alterations, including and dredging and filling that has occurred on this
property.
3. a) There are no special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved other than this property backs up against
the Whistlers Cover preserve.
b) There are no special conditions and circumstances which do not result from the action of the
applicant such as a pre-existing condition relative to the property which is the subject of the variance
request other then the preserve which was there before we built and wanted to stay as far away from as
possible to show were environmentally friendly.
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. Yes, the interpretation of the
provision will still create a hardship because I have spent almost $20,000 to build the structure and it’s
not feasible to move or relocate and the variance is the only route I can take.
d) If the variance is granted 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. Yes, this does
because we have no encroachment issues when It comes to the property lines and there is enough space
from the back window of the house to the utility building wall if there is a fire or emergency there is
enough room 3.8 feet for them to get out without issue. So, there is not health, safety and welfare issue.
e) Granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, building, or structures in the same zoning district. No this will
not create any special privilege.
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. Yes I believe that it
will still be harmony with the intent of the zoning code and will create no injurious to the neighborhood
nor will it be detrimental the public welfare.
g) Are there natural conditions or physically induced conditions that ameliorate the goals and
objections of the regulations such as natural preserves, Lakes, golf course, etc. There is a preserve in the
3.D.d
Packet Pg. 250 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
NATURE OF PETITION
[DOCUMENT TITLE]
rear yard of the property that we were hoping to help preserve that will not be affected being were
farther away then required.
h) Granting the variance will be consistent with the Growth Management Plan.
4. To my knowledge there hasn’t been an official interpretation or zoning verification rendered on this
property with the last year.
Were hoping we can get the variance because this does create a financial burden because it took my
wife and I a very long period to come up with the money to start this job. Were $15,000 into this project
and for us to move the structure would have required us to tare down the building and start all over.
Connecting the roof line could have a structural integrity issue cause the roofs were not originally
created for such and I wouldn’t want when it rains that the pitch of the roof caused rainwater to go into
my home and cause another issue. We did take into consideration there was a preserve in the rear yard
and wanted to be as far away from the preserve as possible to be environmentally friendly. I do hope
you understand that we have wayed our all options and felt that this one was the best and hope we can
get an approval.
Thank you for your time Osmath Diprena
3.D.d
Packet Pg. 251 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.dPacket Pg. 252Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.dPacket Pg. 253Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.dPacket Pg. 254Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.dPacket Pg. 255Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
MAP OF SURVEY
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3.D.d
Packet Pg. 256 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.dPacket Pg. 257Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
3.D.dPacket Pg. 258Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena / Adeka)
1
NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPE
ANNORAT, ELME 5205 TEXAS AVE NAPLES, FL 34113---0 NAPLES MANOR LAKES BLK 8 LOT 22 62257480000 U
ARMENDARIZ, BERTHA RAUL LOREDO ALBERT LOREDO 5250 TEXAS AVE NAPLES, FL 34113---0 NAPLES MANOR LAKES BLK 9 LOT 14 62258080001 U
CORGELAS, LUCNER MARLINE CORGELAS LYNDSAY & WADLINE CORGELAS 5201 TEXAS AVE NAPLES, FL 34113---7854 NAPLES MANOR LAKES BLK 8 LOT 1 62256640003 U
DE LA CRUZ, FRANCISCA 5242 TEXAS AVE NAPLES, FL 34113---7855 NAPLES MANOR LAKES BLK 9 LOT 12 62258000007 U
DIPRENA, OSMATH DJOULIE ADEKA 5238 TEXAS AVE NAPLES, FL 34113---0 NAPLES MANOR LAKES BLK 9 LOT 11 62257960009 U
HERNANDEZ, CIRILO 4442 24TH PL SW NAPLES, FL 34116---0 NAPLES MANOR LAKES BLK 9 LOTS 8 & 9, OR 1931 PG 113 62257840006 U
HERNANDEZ, NORBERTO 5210 FLEMING ST NAPLES, FL 34113---7838 NAPLES MANOR LAKES BLK 8 LOT 4 62256760006 U
MYRTHIL, JOSEPH A & SUZE 5208 FLEMING ST NAPLES, FL 34113---7838 NAPLES MANOR LAKES BLK 8 LOT 3 62256720004 U
MYRTHIL, MITIS & SILVINCIA 5205 PERRY LN NAPLES, FL 34113---0 NAPLES MANOR LAKES BLK 8 LOT 21 62257440008 U
SALINAS, PEDRO 5206 FLEMING ST NAPLES, FL 34113---7838 NAPLES MANOR LAKES BLK 8 LOT 2 62256680005 U
SANTIAGO, ADOLFO MARTINEZ LOURDES LOPEZ HERNANDEZ 5246 TEXAS AVENUE NAPLES, FL 34113---0 NAPLES MANOR LAKES BLK 9 LOT 13 62258040009 U
SPT DOLPHIN WHISTLERS COVE LLC %RYAN LLC 200 E BROWARD BLVD STE #1410 FT LAUDERDALE, FL 33301---0 32 50 26 ALL N + E OF TRAIL LESS PAR BEG AT INTERS OF N SEC LI WITH NELY R/W LI OF TAM TR RUN E 188.80FT, S 58 00439840006 U
VINCENT, EMMANUEL & ROSE 4466 LAKEWOOD BLVD NAPLES, FL 34112---0 NAPLES MANOR LAKES BLK 9 LOT 10 62257920007 U
Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than
CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.
POList_150
3.D.d
Packet Pg. 259 Attachment: Attachment C - Applicant's Backup (28475 : PL20230013525 VA 5238 Texas Ave Diprena /
3.D.ePacket Pg. 260Attachment: Attachment D - VA-PL20230013525 - 5238 Texas Ave - Public Hearing Sign Posting 04 05 2024 (28475 : PL20230013525 VA 5238
04/25/2024
COLLIER COUNTY
Collier County Hearing Examiner
Item Number: 3.E
Doc ID: 28476
Item Summary: Petition No. BDE- PL20230013185 – 1139 Chokoloskee Dr – Request for a 62-foot boat dock
extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow
construction of a boat docking facility protruding a total of 82 feet into a waterway that is 1,573± feet wide. The
subject property is located at 1139 Chokoloskee Drive¸ northwest of the intersection of Chokoloskee Drive and
Parkway Village in Chokoloskee, in Section 36, Township 53 South, Range 29 East, Collier County, Florida.
[Coordinator: John Kelly, Planner III] Commissioner District 5
Meeting Date: 04/25/2024
Prepared by:
Title: Planner – Zoning
Name: John Kelly
04/04/2024 11:38 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
04/04/2024 11:38 AM
Approved By:
Review:
Growth Management Community Development Department David Merino GMD Approver Skipped
04/08/2024 8:29 AM
Operations & Regulatory Management Michael Stark Review Item Completed 04/09/2024 2:55 PM
Zoning Ray Bellows Review Item Completed 04/11/2024 9:41 AM
Zoning David Merino Review Item Skipped 04/15/2024 12:00 PM
Hearing Examiner (GMD Approvers) David Merino Review Item Completed 04/15/2024 3:27 PM
Zoning Mike Bosi Division Director Completed 04/16/2024 8:27 AM
Hearing Examiner Andrew Dickman Meeting Pending 04/25/2024 9:00 AM
3.E
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BD-PL20230013185 – 1139 Chokoloskee Drive Page 1 of 9
April 1, 2024
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: APRIL 25, 2024
SUBJECT: BD-PL20230013185, 1139 CHOKOLOSKEE DRIVE DOCK
_________________________________________________________________________
PROPERTY OWNER/APPLICANT: AGENT:
Garwin & Jody Brown, Nick Pearson
and Pavlo Joannou Bayshore Marine Consulting, LLC
2613 NE 28th Ct. 2025 Monroe Ave
Lighthouse Point, FL 33064 Naples, FL 34112
REQUESTED ACTION:
The petitioner requests a 62-foot boat dock extension from the maximum permitted protrusion of
20 feet allowed by Section 5.03.06.E.1 of the Collier County Land Development Code (LDC) for
waterways greater than 100 feet in width to allow a boat docking facility protruding a total of 82
feet into a waterway that is 1,573± feet wide, for the benefit of the subject property.
GEOGRAPHIC LOCATION:
The subject property is located at 1139 Chokoloskee Drive, northwest of the intersection of
Chokoloskee Drive and Parkway Village in Section 36, Township 53 South, Range 29 East, Collier
County, Florida. See Attachment A for a complete legal description. (See location map on the
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property comprises 0.46 acres located within a Village Residential (VR) Zoning
District, upon which a duplex is being constructed per Building Permit No. PRFH20230313405,
issued on August 28, 2023, and is in “Inspect” status. The rectangular lot measures 111 feet by
220 feet, located on the western edge of the island of Chokoloskee. The parcel’s waterfront consists
of 90 feet of vertical seawall, and the remainder is comprised of a boat ramp. The remnants of a
destroyed dock, mostly aged pilings, remain. The petitioner desires to fully remove said remnants
and construct a similarly situated dock facility with four slips, two for each dwelling unit. The
proposed dock facility will be respected within the required 15-foot side/riparian setbacks.
3.E.a
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April 1, 2024
SURROUNDING LAND USE & ZONING:
North: Single-family residence, Village Residential (VR)
South: Single-family residence, Village Residential (VR)
East: Single-family residence, Village Residential (VR)
West: Barefoot Beach Boulevard (Right-of-Way), then a single-family residence
located within the Lely Barefoot Beach PUD
Collier County GIS
--Remainder of Page Left Blank--
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April 1, 2024
Collier County GIS
ENVIRONMENTAL EVALUATION:
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to an ST overlay zone, which will require an ST-
permit for the proposed docking facilities prior to issuance of the building permit. The proposed
docking facilities will be constructed waterward of the existing seawalled shoreline. The shoreline
does not contain vegetation. A submerged resources survey provided by the applicant found no
submerged resources in the area 200 feet beyond the proposed docking facility. Exhibit sheet page
6 of 8 provides an aerial with a note stating that no seagrasses were observed within 200 feet.
This project does not require an Environmental Advisory Council Board (EAC) review because it
did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article
VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances.
STAFF ANALYSIS:
In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve,
approve with conditions, or deny a dock facility extension request based on certain criteria. In
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order for the Hearing Examiner to approve this request, at least four of the five primary criteria
and four of the six secondary criteria must be met:
Primary Criteria:
1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use and zoning of the subject
property. Consideration should be made of property on unbridged barrier islands,
where vessels are the primary means of transportation to and from the property.
(The number should be appropriate; typical single-family use should be no more than
two slips; typical multi-family use should be one slip per dwelling unit; in the case of
unbridged barrier island docks, additional slips may be appropriate.)
Criterion met. A duplex is actively being constructed at the subject location via Building
Permit No. PRFH20230313405. LDC Section 1.08.02 provides the following definitions:
Duplex: A freestanding building which contains only 2 swelling units.
Dwelling (also called dwelling unit): Any building, or part thereof, constituting a
separate, independent housekeeping establishment for no more than 1 family, and
physically separated from any other rooms or housekeeping establishment which
may be in the same structure. A dwelling unit contains sleeping facilities, sanitary
facilities, and a kitchen.
Dwelling, multi-family: A group of 3 or more dwelling units within a single
building.
Based upon the subject criterion and the provided definitions, staff opines that a duplex is
comprised of two dwelling units and not three therefore four slips (two for each dwelling
unit) are appropriate.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type, and draft as that described in the petitioner’s application is unable to
launch or moor at mean low tide (MLT). (The petitioner’s application and survey
should establish that the water depth is too shallow to allow launching and mooring
of the vessel(s) described without an extension.)
Criterion met. The applicant’s agent states: “As it stands, the proposed vessels would likely
have issues getting on and off the lifts at dead low tide without an extension. The water
depths at the site are such that the proposed configuration is the optimal design available
for ingress, egress, and storage of vessels on boat lifts. Any other lift configuration within
the typical protrusion limit inside the applicant’s riparian area poses even greater issues
with water depths or public navigation.” Based upon Attachment B, Cross Sections AA
and BB, staff concurs.
3. Whether the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude
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into any marked or charted navigable channel thus impeding vessel traffic in the
channel.)
Criterion met. The applicant’s agent states: “There is no marked channel at or adjacent to
the proposed project location. Therefore, no marked or navigable channels will be affected
by the proposed project…” Staff concurs.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width
between dock facilities on either side is maintained for navigability. (The facility
should maintain the required percentages.)
Criterion met. The subject waterway is 1,573 feet wide and the proposed protrusion is 82
feet or 5 percent of the waterway. There is no dock facility on the opposite shore, nor is
there expected to be one; therefore, approximately 95 percent of the waterway remains
clear for navigation.
5. Whether the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not
interfere with the use of legally permitted neighboring docks.)
Criterion met. The applicant’s agent states: “There is only one neighboring dock facility
that is near the proposed dock. This dock belongs to the north neighbor and is
approximately 110 feet away at the nearest point. This distance is great enough so that
neither the subject property owners nor the north neighbor should have any issues
navigating to and from their respective docks. The south neighbor does not presently have
a functioning dock. However, the dock proposed under this petition should not impact their
ability to build or use a dock, should they desire to do so.” Staff concurs.
Secondary Criteria:
1. Whether there are special conditions related to the subject property or waterway, not
involving water depth, that justify the proposed dimensions and location of the
proposed dock facility. (At least one special condition related to the property must
exist; these may include type of shoreline reinforcement, shoreline configuration,
mangrove growth, or seagrass beds.)
Criterion met. The applicant’s agent states: “The unique condition of this property
primarily relates to the shoreline configuration at the site, which consists of a vertical
seawall, a boat ramp, and a very long and slight slope of ground elevations waterward of
the MHWL (i.e., a very large plane of shallow water depths). Although water depths
themselves can be problematic in designing any dock, in this case, it is the extent to which
the shallow waters extend that makes this site particularly difficult. In essence, it is the
extension of the shoreline that is the difficulty here. Dredging to ample depths would be
very expensive and environmentally damaging. So, the clear remedy to correct for the
topography in the site’s riparian area is to build a dock similar to that which is proposed
and to that of some of the surrounding properties.” Staff concurs.
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2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
for loading/unloading and routine maintenance without using excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
Criterion met. The applicant’s agent states: “The proposed facility will utilize only 480
square feet of decking, which is substantially smaller than many of the docks in the area.
The main access walkway is 4 feet in width, and the fingers are only 2 feet in width. The
only area of substantial decking is the terminal platform, which we opine is needed for
loading, unloading, storage of recreational water-dependent items, launching of kayaks or
paddleboards, and other recreational uses. This configuration is also consistent with aquatic
preserve rules, which comprise some of our state's most restrictive construction guidelines.
We therefore believe the decking proposed is not excessive…” Staff concurs.
3. For single-family dock facilities, whether the length of the vessel or vessels in
combination described by the petitioner exceeds 50 percent of the subject property’s
linear waterfront footage. (The applicable maximum percentage should be
maintained.)
Criterion not met. Staff notes that the subject criteria does not specifically address
duplexes; therefore, this situation is somewhat unique. The proposed dock facility has been
designed to accommodate four 25-foot LOA vessels, which would exceed 50 percent of
the 110-foot shoreline.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the
view of a neighboring property owner.)
Criterion met. The applicant’s agent states: “The proposed dock will be located in a similar
configuration to that which was on the site historically. It will also be similar in design to
the surrounding docks. The dock is consistent with zoning and the future land use of the
site. Therefore, our opinion is that any change in views caused by the project will be
minimal and certainly not major.” Staff concurs.
Google Earth
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5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
beds are present, compliance with subsection 5.03.06.J of the LDC must be
demonstrated.)
Criterion met. The submerged resources survey provided indicates that no seagrass beds
exist within 200 feet of the proposed dock, and the proposed dock facility will not impact
them.
6. Whether the proposed dock facility is subject to the manatee protection requirements
of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
Criterion is not applicable. LDC Section 5.03.06.E.11 stipulates that “multi-slip docking
facilities with ten or more slips will be reviewed for consistency with the Manatee
Protection Plan (MPP).” The proposed project is for a private four-slip docking facility
serving a duplex in Chokoloskee. The proposed facility does not have more than ten slips
and is not subject to review for consistency with the MPP.
Staff analysis finds that this request complies with all five of the five Primary Criteria and four of
the six Secondary Criteria, with the sixth criterion being not applicable.
CONCURRENT LAND USE APPLICATIONS:
None.
APPEAL OF BOAT DOCK EXTENSION:
As to any boat dock extension 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 Ordinances within 30 days of the Decision by the Hearing Examiner.
An aggrieved non-party may appeal a decision of 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.
STAFF RECOMMENDATION:
Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition
BD-PL20230013185 to allow for the permitting and construction of the proposed dock facility as
depicted within Attachment B.
Attachments:
A. Legal Description
B. Proposed Dock and Related Plans
3.E.a
Packet Pg. 269 Attachment: Staff Report 04012024 [Revision 1] (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
BD-PL20230013185 – 1139 Chokoloskee Drive Page 9 of 9
April 1, 2024
C. Building Permit No. PRFH20230313405
D. Applicant’s Backup - application and supporting documents
E. Public Hearing Sign Posting
3.E.a
Packet Pg. 270 Attachment: Staff Report 04012024 [Revision 1] (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
3.E.b
Packet Pg. 271 Attachment: Attachment A - Legal Description (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 25.813187LONGITUDE:W -81.363987SITE ADDRESS:1139 CHOKOLOSKEE DR.CHOKOLOSKEE, FL 34138CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg LOCATION MAP 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:01 OF 08LOCATION MAPBROWN DOCK2304712-12-23N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:26084760007SECTION:36TOWNSHIP:53 SCOUNTY:COLLIERRANGE:29 EEVERGLADES CITYCHOKOLOSKEE3.E.cPacket Pg. 272Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
3.0'2.6'2.8'2.6'2.8'2.8'1.6'1.7'1.4'2.1'3.2'3.1'2.6'3.1'2.9'3.0'2.1'2.6'2.9'3.1'2.6'2.3'1.9'2.0'2.4'2.1'1.6'1.2'0.8'1.6'1.5'1.2'1.5'1.3'1.3'1.2'1.1'1.6'0.6'0.4'1.5'1.1'1.2'1.5'1.6'0.6'1.1'+0.9'0.5'0.5'1.4'0.3'0.6'1.2'0.9'1.3'+0.9'2.8'1.7'3.1'RIPARIAN LINESPROPERTYLINEEXISTINGSEAWALLSCALE IN FEET8040200CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg EXISTING CONDITIONS 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWN.S.P.12-12-232304702 OF 08BROWN DOCKEXISTING CONDITIONS·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·TOTAL PROTRUSION FROM MHWL:0'1573'0'110'0.67'-1.81'SITE ADDRESS:,FL34138CHOKOLOSKEE1139 CHOKOLOSKEE DR.EXISTINGBOAT RAMPMHWL111'222'216'36'90
'26'14'10'EXISTINGSEAWALLRIPARIAN SIDESETBACKS15'
15'DEPTHS ATMLW110
'3.E.cPacket Pg. 273Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
3.0'2.6'2.8'2.6'2.8'2.8'1.6'1.7'1.4'2.1'2.6'2.9'3.1'2.6'2.3'1.9'2.0'2.4'1.6'1.5'1.2'1.3'1.3'1.2'1.1'1.6'0.6'0.4'1.5'1.1'1.2'1.5'1.6'0.6'1.1'+0.9'0.5'0.5'1.4'0.3'0.6'1.2'0.9'1.3'+0.9'2.8'1.7'3.1'C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/23/2024AA
04
MHWL 0.67' NAVDSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg PROPOSED DOCK 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED PROJECTBROWN DOCK03 OF 082304712-12-23N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-1.810.67'110'01573'48048082'SITE ADDRESS:,34138FLCHOKOLOSKEE1139 CHOKOLOSKEE DR.PROPOSED DOCKAND BOATLIFTSRIPARIAN LINERIPARIAN LINEBB0582' MAXIMUM PROTRUSIONFROM MHWL16'
25'
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.EXISTINGSEAWALL10'10' X 10'LIFTS (TYP.)10'
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15'RIPARIANSETBACKRIPARIANSETBACK1234SLIP #DEPTHS ATMLW18'
54'
65'3.E.cPacket Pg. 274Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
0.6
'1.2
'1.3
'1.5'1.3'PROPOSEDFIXED DOCKMHWL 0.67' NAVDMLWL -1.81' NAVDSTRINGERCAP TIMBEREXISTINGSEAWALLSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg CROSS SECTION AA 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION AABROWN DOCK04 OF 082304712-12-23N.S.P.DOCK PILEDECKING10' TERMINALPLATFORM82'10'2' ACCESSWALKWAY2' ACCESSWALKWAYBOAT LIFT (TYP.)ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE3.E.cPacket Pg. 275Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
MHWL 0.67' NAVDMLWL -1.81' NAVDSTRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET1052.50CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg CROSS SECTION BB 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION BBBROWN DOCK05 OF 082304712-12-23N.S.P.DOCK PILEDECKING25' VESSEL LOA (TYP.)4' WIDEACCESS WALKWAYBOAT LIFTAVG. 1.3' DEPTH
AT MLW
3.E.cPacket Pg. 276Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/23/2024TYPICALTRANSECTPROPERTYLINESCALE IN FEET12060300CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg SRS 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWSUBMERGED RESOURCE SURVEYBROWN DOCK06 OF 082304712-12-23N.S.P.10'200
'200'NO RESOURCESOBSERVED WITHIN200' OF PROJECT3.E.cPacket Pg. 277Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/23/2024DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORSCALE IN FEET3001507537.5CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg ADJACENT DOCKS 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWADJACENT DOCKSBROWN DOCK07 OF 082304712-12-23N.S.P.148'174'44'20'82'110'3.E.cPacket Pg. 278Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/23/2024SCALE IN FEET6003001500CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg WATERWAY 2/23/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWWATERWAY WIDTHBROWN DOCK08 OF 082304712-12-23N.S.P.1573'82'3.E.cPacket Pg. 279Attachment: Attachment B - Proposed Dock Plans (28476 : PL20230013185 BD 1139 Chokoloskee Dr
PRFH2023031340501
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT
PERMIT #: PRFH2023031340501 PERMIT TYPE: Building
DATE ISSUED: August 28, 2023
BUILDING CODE IN EFFECT: FBC 7th Edition 2020 w/ 2022 sup2
JOB ADDRESS: 1139 Chokoloskee DR, Chokoloskee
FOLIO #:
JOB DESCRIPTION: New construction of a Duplex
[ROOFING TYPE: Metal
1139 Chokoloskee DR, Chokoloskee
OWNER INFORMATION:
BROWN, GARWIN & JODY PAVLO JOANNOU
2613 NE 28TH CT
LIGHTHOUSE PT, FL 33064
AREA OF WORK (SQFT): 5000
SETBACKS:
FRONT: 35' from AE REAR: 30' from MHWLPrincipal/ 20' accessory LEFT: 15' RIGHT: 15'
FLOOD ZONE: VE
SEWER: Sewer
WATER: New
CONTRACTOR INFORMATION:CERTIFICATE #:
PRINCE BUILDING CORPORATION
231 NORTHWEST 110TH WAY
CORAL SPRINGS, FL 33701
(305) 923-1046
LCC20200001798
3.E.d
Packet Pg. 280 Attachment: Attachment C - Building Permit No. PRFH20230313405 (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
HEARING PACKAGE CHECKLIST
A. Backup provided by the County Planner
The agent is responsible for all required data included in the digital file of information for the Hearing Examiner
(Hex) or the Collier County Planning Commission (CCPC). DO NOT 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.
_ X__ Disclosure of Property Ownership Interest (if there is additional documentation aside from
disclosure form)
____ Affidavit of Unified Control
_ X_ Affidavit of Representation Authorization
_ X__ Drawings (may include Cross-Section (for BDEs generally), proposed Boat Dock(s) with
Water depth, location maps etc.)
____ NIM Information (Sign in sheet, notes, minutes and transcript/or summary)
✓ Include 3 thumbnail drives of video and/or audio
____ Traffic Impact Study (TIS)
____ Environmental Data
____ Historical/Archeological Survey or Waiver
____ Utility Letter
_ X__ Deviation Justifications
3.E.e
Packet Pg. 281 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\Job Aides or Help Guides
_ X__ Boundary Survey
_ X__ 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.
_ X_ Submerged Resource Surveys may be included here if required.
_ X__ flash drive with only one pdf file for all documents
I understand that by submitting the above materials, it is the agent’s/applicant’s responsibility to ensure all materials are in the same
order for flash drive must contain the documents in one pdf file. It is the agent’s responsibility to ensure no documentation is left out.
________________________________________ ____________________
Signature of Agent Representative Date
________________________________________
Printed Name of Signing Agent Representative
03/18/2024
Nicholas Pearson
3.E.e
Packet Pg. 282 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Application Form
3.E.e
Packet Pg. 283 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
THIS PETITION IS FOR (check one): DOCK EXTENSION BOATHOUSE
APPLICANT INFORMATION
PROPERTY LOCATION
Section/Township/Range: / /
Subdivision:
Property I.D. Number:
Lot: Block:
Address/ General Location of Subject Property:
Current Zoning and Land use of Subject Property:
PETITION NO:
PROJECT NAME:
DATE PROCESSED:
Boat Dock Facility Extension OR Boathouse Establishment Petition
Land Development Code Section 5.03.06
Chapter 3 B of the Administrative Code
State:
Name of Property Owner(s):
Name of Applicant if different than owner:
Address:
Telephone:
E-Mail Address:
Name of Agent:
Firm:
Address:
Telephone:
E-Mail Address:
City:City: State:State: ZIP:ZIP:
Cell:Cell:
City:City: ZIP:ZIP:
Cell:Cell:
Unit:
3.E.e
Packet Pg. 284 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY
AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
DESCRIPTION OF PROJECT
Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other
pertinent information):
SITE INFORMATION
ft. Measurement from: plat survey
ft. other (specify)
Provided: ft.
Required: ft.
ft.
1.ft.
2.ft.
4.Total Protrusion of Proposed Facility into Water:
visual estimate
6.If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d.
ft.
7.List any additional dock facilities in close proximity to the subject property and indicate the total protrusion
into the waterway of each:
5.Number and Lengths of Vessels to Use Facitlity:
1.Water Width:
2.Total Property Water Frontage:
3.Setbacks:
GIS software
3.E.e
Packet Pg. 285 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
To your knowledge, has there been an official interpretation or zoning verification rendered on this property
within the last year? Yes No (If yes, please provide copies.)
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining
its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following
criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for
the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary
criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a
narrative response to the listed criteria and/or questions.
1.Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the
waterfront length, location, upland land use, and zoning of the subject property; consideration should be
made of property on unbridged barrier islands, where vessels are the primary means of transportation
to and from the property.
(The number should be appropriate; typical, single-family use should be no more than two slips; typical
multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island docks,
additional slips may be appropriate.)
2.Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type,
and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide
(MLT). (The petitioner’s application and survey should show that the water depth is too shallow to
allow launch and mooring of the vessel(s) described without an extension.)
3.Whether or not the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any marked or
charted navigable channel thus impeding vessel traffic in the channel.)
4.Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway,
and whether or not a minimum of 50% of the waterway width between dock facilities on either side
of the waterway is maintained for navigability. (The facility should maintain the required percentages.)
5.Whether or not the proposed location and design of the dock facility is such that the facility would not
interfere with the use of neighboring docks. (The facility should not interfere with the use of legally
permitted neighboring docks.)
9. Official Interpretations or Zoning Verifications:
8. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant
shall be responsible for erecting the required sign. What is the size of the petitioned property?
Acres
3.E.e
Packet Pg. 286 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
SECONDARY CRITERIA
1.Whether or not there are special conditions, not involving water depth, related to the subject property or
waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at
least one special condition related to the property; these may include type of shoreline reinforcement, shoreline
configuration, mangrove growth, or sea grass beds.)
2.Whether the proposed dock facility would allow reasonable safe access to the vessel for loading/
unloading and routine maintenance, without the use of excessive deck area not directly related to these
functions. (The facility should not use excessive deck area.)
3.For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by
the petitioner exceeds 50% of the subject property’s linear waterfront footage.(The applicable maximum
percentage should be maintained.)
4.Whether or not the proposed facility would have a major impact on the waterfront view of neighboring
waterfront property owners. (The facility should not have a major impact on the view of either property owner.)
5.Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are
present, compliance with LDC subsection 5.03.06 J must be demonstrated.)
6.Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection
5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.)
ASSOCIATIONS
Required: List 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.
Please use the current mailing addresses for each association as registered by the Florida Department of
State, Division of Corporations.
City: State: ZIP:
City: State: ZIP:
City: State: ZIP:
City:State: ZIP:
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:State: ZIP:
3.E.e
Packet Pg. 287 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Dock Extension
Boathouse
Chapter 3 B. 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 or processed.
REQUIREMENTS FOR REVIEW REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Property Ownership Disclosure Form
Signed and sealed survey
Chart of site waterway
Site plan illustration with the following:
•Lot dimensions;
•Required setbacks for the dock facility;
•Cross section showing relation to MHW/MLW and shoreline
(bank, seawall, or rip-rap revetment);
•Configuration, location, and dimensions of existing and proposed facility;
•Water depth where proposed dock facility is to be located;
•Distance of navigable channel;
•Illustration of the contour of the property; and
•Illustration of dock facility from both an aerial and side view.
Affidavit of Authorization, signed and notarized
Completed Addressing Checklist
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.
3.E.e
Packet Pg. 288 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
3.E.e
Packet Pg. 289 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Nick Pearson
12/20/2023
3.E.e
Packet Pg. 290 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Narrative Statement
3.E.e
Packet Pg. 291 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
BAYSHORE MARINE CONSULTING, LLC
www.Bayshore-Marine.com ● NICK@BAYSHOREMARINECONSULTING.COM ● 239-404-7982
Page 1 of 1
1139 Chokoloskee Dr. - BDE Petition #PL20230013185
Narrative Description of Project
Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing
facility, any other pertinent information):
The property at 1139 Chokoloskee Dr., owned jointly by Garwin and Jody Brown (husband and wife), and
Pavlo Joannou since June of 2022, is an approximately rectangular 111’ x 220’ lot with waterfrontage along
the property’s west side, which is also the west side of the island of Chokoloskee. The parcel is currently
vacant but is zoned VR for village Residential and is the future location for a duplex . The parcel’s
waterfrontage consists of approximately 90 feet of vertical seawall and the remained of shoreline is
comprised of a boat ramp within a riparian area that is a total of approximately 110’ wide. There are
currently no dock facilities at the site with exception to a number of piles that were historically used for a
similar dock to which is proposed. The original dock appears to have been built sometime between 1940
and 1963, based off aerial imagery. The old dock appears to have largely been destroyed sometime in the
late 1990’s. The waterway on which this property occurs is natural and considered state-owned.
The proposed project consists of removing the remnants of the historic dock and replacing it with a new,
pile supported wood dock that will protrude 82’ from the MHWL, which is considered the most restrictive
point from which to measure from at this location. The total over-water area of the dock will amount to 480
square feet. The dock will provide mooring for 4 boat slips (2 slips for each unit of the planned duplex).
The typical side setbacks required for properties with over 60’ of water frontage is 15’. The proposed dock
will meet this requirement and will be constructed entirely inside of the riparian area between the side
setbacks at the subject property.
The body of water off Chokoloskee in which the dock proposed under this petition is located has
historically always been very shallow. The need for additional protrusion arises therefore, primarily out of
a need for greater water depths. The dock that is proposed, therefore in many ways mirrors the few
surrounding docks in the area.
All neighboring structures in the area are far enough away so that navigation difficulties should be
completely avoided if the proposed dock is constructed. Nor should public navigability be altered or
blocked by the project.
As previously stated, the project more or less mirrors historic and current dock structures in the area.
Additionally, the use is in harmony with the current zoning for the lot. Therefore, the views of neighbors
should not be majorly affected by the project. Furthermore, considering the appearance of the remains of
the historic dock at the site, the new dock would likely constitute an overall improvement to the view of
the area. The applicant has also been in communication with his surrounding neighbors in advance of this
petition, and according to him, all are in support of the project.
There are no seagrasses or submerged resources located nearby the project site. Therefore, no submerged
resources will be affected by the project as proposed.
With consideration to the details above, we believe that this BDE petition would allow the property owner
to make reasonable use of the waterway and docking facility for mooring and other water -based
recreational activities while also maintaining the ability to safely ingress and egress with the applicants ’
vessels.
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Property Information
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Ownership Disclosure Form
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COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
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:
Name and Address % of Ownership
b.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
c.If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
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Packet Pg. 298 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. 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 % 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: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
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Packet Pg. 299 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
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. 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 Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
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Warranty Deed
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Affidavit of Authorization
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PL20230013185
Garwin Brown
X
Nick Pearson / Bayshore Marine Consulting, LLC
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PL20230013185
X
Pavlo Joannou
Nick Pearson / Bayshore Marine Consulting, LLC
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Nick Pearson / Bayshore Marine Consulting, LLC
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Petition Exhibits
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NOTES:THESE DRAWINGS ARE FOR PERMITTINGPURPOSES ONLY AND ARE NOT INTENDEDFOR CONSTRUCTION USE.LATITUDE:N 25.813187LONGITUDE:W -81.363987SITE ADDRESS:1139 CHOKOLOSKEE DR.CHOKOLOSKEE, FL 34138CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg LOCATION MAP 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:01 OF 08LOCATION MAPBROWN DOCK2304712-12-23N.S.P.COLLIER COUNTYSUBJECT PROPERTYSTATE OF FLORIDANESWPID #:26084760007SECTION:36TOWNSHIP:53 SCOUNTY:COLLIERRANGE:29 EEVERGLADES CITYCHOKOLOSKEE3.E.ePacket Pg. 313Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
3.0'2.6'2.8'2.6'2.8'2.8'1.6'1.7'1.4'2.1'3.2'3.1'2.6'3.1'2.9'2.9'3.1'2.6'2.3'1.9'2.0'2.4'1.6'1.5'1.2'1.3'1.3'1.2'1.1'1.6'0.6'0.4'1.5'1.1'1.2'1.5'1.6'0.6'1.1'+0.9'0.5'0.5'1.4'0.3'0.6'1.2'0.9'1.3'+0.9'2.8'1.7'3.1'CHOKOLOSKEE DR.RIPARIAN LINESPROPERTYLINEEXISTINGSEAWALLSCALE IN FEET8040200CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg EXISTING CONDITIONS 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWN.S.P.12-12-232304702 OF 08BROWN DOCKEXISTING CONDITIONS·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·TOTAL PROTRUSION FROM MHWL:0'1573'0'110'0.67'-1.81'SITE ADDRESS:,FL34138CHOKOLOSKEE1139 CHOKOLOSKEE DR.EXISTINGBOAT RAMPMHWL111'222'216'36'90
'26'14'10'EXISTINGSEAWALLRIPARIAN SIDESETBACKS15'
15'DEPTHS ATMLW110
'3.E.ePacket Pg. 314Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
3.0'2.6'2.8'2.6'2.8'2.8'1.6'1.7'1.4'2.1'2.6'3.1'2.6'2.3'1.9'2.0'1.5'1.3'1.3'1.2'1.1'1.5'1.1'1.2'1.5'1.6'0.6'1.1'+0.9'0.5'0.5'1.4'0.3'0.6'1.2'0.9'1.3'+0.9'2.8'1.7'3.1'C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/22/2024AA
04
MHWL 0.67' NAVDSCALE IN FEET4020100CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg PROPOSED DOCK 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWPROPOSED PROJECTBROWN DOCK03 OF 082304712-12-23N.S.P.·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOTINTENDED FOR CONSTRUCTION USE.·ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW·APPLICANT OWNED SHORELINE (APPX LF):·EXISTING OVERWATER STRUCTURE (APPX SF):·WIDTH OF WATERWAY, MHW TO MHW (APPX):·TIDAL DATUM:··MHW (NAVD)=··MLW (NAVD)=NOTES:·PROPOSED OVERWATER STRUCTURE (APPX SF):·TOTAL OVERWATER STRUCTURE (APPX SF):·TOTAL PROTRUSION FROM MHWL:-1.810.67'110'01573'48048082'SITE ADDRESS:,34138FLCHOKOLOSKEE1139 CHOKOLOSKEE DR.PROPOSED DOCKAND BOATLIFTSRIPARIAN LINERIPARIAN LINEBB0582' MAXIMUM PROTRUSIONFROM MHWL16'
25'
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15'RIPARIANSETBACKRIPARIANSETBACK1234SLIP #DEPTHS ATMLW18'
39'3.E.ePacket Pg. 315Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
0.6
'1.2
'1.3
'1.5'1.3'PROPOSEDFIXED DOCKMHWL 0.67' NAVDMLWL -1.81' NAVDSTRINGERCAP TIMBEREXISTINGSEAWALLSCALE IN FEET201050CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg CROSS SECTION AA 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION AABROWN DOCK04 OF 082304712-12-23N.S.P.DOCK PILEDECKING10' TERMINALPLATFORM82'10'2' ACCESSWALKWAY2' ACCESSWALKWAYBOAT LIFT (TYP.)ALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATE3.E.ePacket Pg. 316Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
MHWL 0.67' NAVDMLWL -1.81' NAVDSTRINGERCAPTIMBERALL PILES TO BEWRAPPED FROM 12"ABOVE MHWL TO 6"BELOW SUBSTRATESCALE IN FEET1052.50CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg CROSS SECTION BB 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:CROSS SECTION BBBROWN DOCK05 OF 082304712-12-23N.S.P.DOCK PILEDECKING25' VESSEL LOA (TYP.)4' WIDEACCESS WALKWAYBOAT LIFTAVG. 1.3' DEPTH
AT MLW
3.E.ePacket Pg. 317Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/22/2024TYPICALTRANSECTPROPERTYLINESCALE IN FEET12060300CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg SRS 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWSUBMERGED RESOURCE SURVEYBROWN DOCK06 OF 082304712-12-23N.S.P.10'200
'200'NO RESOURCESOBSERVED WITHIN200' OF PROJECT3.E.ePacket Pg. 318Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/22/2024DIMENSIONS SHOWN AREAPPROXIMATED BASED OFFTHE AERIAL IMAGE AND ARESUBJECT TO MINOR ERRORSCALE IN FEET3001507537.5CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg ADJACENT DOCKS 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWADJACENT DOCKSBROWN DOCK07 OF 082304712-12-23N.S.P.148'174'44'20'82'110'3.E.ePacket Pg. 319Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg 2/22/2024SCALE IN FEET6003001500CREATED:JOB NO.:DESIGNED:C:\Bayshore Marine Consulting\23047.00 - Brown - 1139 Chokoloskee Dr\CAD\PERMIT-COUNTY\Collier BDE set-BMC.dwg WATERWAY 2/22/2024THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SHEET NO.:NESWWATERWAY WIDTHBROWN DOCK08 OF 082304712-12-23N.S.P.1573'82'3.E.ePacket Pg. 320Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown
Primary Criteria
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Page 1 of 2
PRIMARY CRITERIA
The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in
determining its recommendation to the Office of the Hearing Examiner. The Hearing
Examiner will utilize the following criteria as a guide in the decision to approve or deny a
particular Dock Extension request. In order for the Hearing Examiner to approve the
request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the
6 secondary criteria, must be met. On separate sheets, please provide a narrative response
to the listed criteria and/or questions.
1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in
relation to the waterfront length, location, upland land use, and zoning of the subject
property; consideration should be made of property on unbridged barrier islands, where
vessels are the primary means of transportation to and from the property. (The number
should be appropriate; typical, single-family use should be no more than two slips; typical
multi-family use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
The subject property is zoned VR for Village Residential. This zoning designation
allows for the construction of “single-family dwellings, duplexes, and multi-family
dwellings” per Chapter 2.03.02(F). The future upland use of the site is a duplex, which
appears to be a multi-family use, which ordinarily would warrant 1 slip per dwelling
unit. However, considering the projects location on Chokoloskee, which is a known
“fishing village” type of area, it would seem that 2 slips per dwelling unit would not
be entirely inappropriate for the proposed use. We therefore believe this criteria is
met.
2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general
length, type, and draft as that described in the petitioner’s application is unable to launch
or moor at mean low tide (MLT). (The petitioner’s application and survey should show
that the water depth is too shallow to allow launch and mooring of the vessel (s) described
without an extension.)
As it stands, the proposed vessels would likely have issues getting on and off the lifts
at dead low tide without an extension. The water depths at the site are such that the
proposed configuration is the optimal design available for ingress, egress, and storage
of vessels on boat lifts. Any other lift configuration within the typical protrusion limit
inside the applicant’s riparian area poses even greater issues with water depths or to
public navigation. This criteria is therefore met.
3. Whether or not the proposed dock facility may have an adverse impact on navigation within
an adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
There is no marked channel at or adjacent to the proposed project location.
Therefore, no marked or navigable channels will be affected by the proposed project
and the criteria is met.
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4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width
of the waterway, and whether a minimum of 50 percent of the waterway width between
dock facilities on either side of the waterway is maintained for navigability. (The facility
should maintain the required percentages.)
The waterway at this location is approximately 1,573 feet in width. The proposed dock
facility will protrude a maximum of 82’ from the face of the seawall or Mean-High-
Water line, which also corresponds with the property line and the most restrictive
point from which protrusion is measured. The proposed 82’ would comprise about
5% of the total waterway width, leaving 1,495 feet, or about 95% of the waterway
remaining for navigation. This criteria is therefore met.
5. Whether or not the proposed location and design of the dock facility is such that the facility
would not interfere with the use of neighboring docks. (The facility should not interfere
with the use of legally permitted neighboring docks.)
There is only one neighboring dock facility that is near to the proposed dock. This
dock belongs to the north neighbor, and is approximately 110’ away at the nearest
point. This distance is great enough so that neither the subject property owners nor
the north neighbor should have any issues in navigating to and from their respective
docks. The south neighbor does not presently have a functioning dock. However, the
dock proposed under this petition should not impact their ability to build or use a
dock, should they desire to do so. This criteria is therefore met.
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Secondary Criteria
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SECONDARY CRITERIA
1. Whether or not there are special conditions, not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
The unique condition of this property primarily relates to the shoreline configuration
at the site, which consists of vertical seawall, a boat ramp, and a very long and slight
slope of ground elevations water-ward of the MHWL (i.e. a very large plane of
shallow water depths). Although water depths themselves can be problematic in
designing any dock, in this case, it is the extent to which the shall ow waters extend
that makes this site particularly difficult. In essence, it is the extension of the shoreline
that is the difficulty here. Dredging to ample depths would be very expensive and
environmentally damaging. So, the clear remedy to correct for the topography in the
site’s riparian area is to build a dock similar to that which is proposed, and to that of
some of the surrounding properties. This criteria is therefore met.
2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The proposed facility will utilize only 480 square feet of decking, which is
substantially smaller than many of the docks in the area. The main access walkway is
4’ in width, and the fingers are only 2’ in width. The only area of substantial decking
is the terminal platform, which we opine is needed for loading, unloading, storage of
recreational water-dependent items, launching of kayaks or paddleboards, and other
recreational uses. This configuration is also consistent with aquatic preserve rules,
which comprise some of the most restrictive construction guidelines of our state. We
therefore believe the decking proposed is not excessive and that this criteria is met.
3. For single-family dock facilities, whether or not the length of the vessel, or vessels in
combination, described by the petitioner exceeds 50 percent of the subject property’s linear
waterfront footage. (The applicable maximum percentage should be maintained.)
With regards to this criteria, there are no set standards for duplexes, which is the
planned use for the subject property. However, if the subject property’s use is treated
like a single-family zoned property, then the (4) 25’ LOA vessels proposed do exceed
50% of the subject property’s 110 linear feet of shoreline. In that circumstance, this
criteria is not met.
4. Whether or not the proposed facility would have a major impact on the waterfront view of
neighboring waterfront property owners. (The facility should not have a major impact on
the view of either property owner.)
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The proposed dock will be located in a similar configuration to that which was on site
historically. It will also be similar in design to the surrounding docks. The dock is
consistent with zoning and the future use of the site. Therefore, our opinion is that
any change in views caused by the project will be minimal, and certainly not major.
This criteria is therefore met.
5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
seagrass beds are present, compliance with LDC subsection 5.03.06 J must be
demonstrated.)
There are no seagrass beds present within a 200’ area around the project. Therefore,
no impacts to seagrasses should occur as a result of the proposed project. This criteria
is therefore met.
6. Whether or not the proposed dock facility is subject to the manatee protection requirements
of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11
must be demonstrated.)
Section 5.03.06 of Collier County’s Land Development Code (LDC) stipulates that
“multi-slip docking facilities with 10 or more slips will be reviewed for consistency
with the Manatee Protection plan (MPP)”. The proposed project is for a private, 4-
slip dock associated with a duplex on Chokoloskee. The proposed facility does not
have more than 10 slips and so is not subject to review for consistency with Collier
County’s MPP, and this criteria is therefore not-applicable per county staff’s usual
interpretation of code.
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Boundary Survey
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L2 L3 L4L5
L6L7 L8L9L10L11L12L13L1
L14
LINE #BEARING DISTANCE
L1 N.63°12'01"W.11.67'
L2 N.78°58'08"E.6.08'
L3 S.85°10'33"E.7.79'
L4 N.10°25'31"E.10.38'
L5 N.59°53'32"W.18.11'
L6 N.49°35'38"W.8.43'
L7 N.31°00'20"E.19.28'
L8 N.24°22'15"E.15.78'
L9 N.21°21'41"E.16.63'
L10 N.39°36'46"E.10.45'
L11 N.32°34'11"E.9.07'
L12 N.38°36'54"E.15.88'
L13 N.38°35'56"E.3.67'
L14 S.63°14'07"E.35.90'
LINE TABLE
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22-9293
SKETCH OF BOUNDARY & TOPOGRAPHIC SURVEY
CHOKOLOSKEE ISLAND, COLLIER COUNTY, FLORIDALEGAL DESCRIPTION:
SURVEY NOTES:
’
CERTIFIED TO:
SURVEYOR'S CERTIFICATE:
SURVEYOR'S REFERENCES:
MEASUREMENT ABBREVIATIONS:A PORTION OF LOT 10, SMALLWOOD'S DIVISION, P.B. 1, PG. 27, C.C.R. SECTION 36, TOWNSHIP 53 S., RANGE 29 E.SKETCH OF BOUNDARY & TOPOGRAPHIC SURVEYKNOW WHAT'S BELOW
ALWAYS CALL 811
BEFORE YOU DIG
It's fast. It's free. It's the law.
www.callsunshine.com
8 1 1 Licensed Business No. 6633STONERSURVEYORS ● MAPPERSTEL (954) 585-0997www.stonersurveyors.com4341 S.W. 62nd AVENUE, DAVIE, FLORIDA 33314SITE NOTES:
ABBREVIATIONS
LEGEND
LOCATION MAP
THIS
SURVEY
N.E. 1/4, SEC. 36,
TWP. 53 S. 29 E.
N.W. 1/4, SEC. 31,
TWP. 53 S. 30 E.
MEAN HIGH WATER LINE NOTES:
LEGAL DESCRIPTION: (WATERWARD BOUNDARY LINE AS OF JULY 1, 1975)
“”
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Packet Pg. 328 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Submerged Resource Survey
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Packet Pg. 329 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
SUBMERGED RESOURCE SURVEY REPORT
JULY 2023
1139 CHOKOLOSKEE DR.
CHOKOLOSKEE, FL 34138
FOLIO #26084760007
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Packet Pg. 330 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
Table of Contents
1 Introduction ......................................................................................................................................... 1
2 Objective .............................................................................................................................................. 2
3 Methodology ........................................................................................................................................ 3
4 Results ................................................................................................................................................. 4
5 Conclusion ........................................................................................................................................... 5
6 Photos .................................................................................................................................................. 6
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Packet Pg. 331 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
1
1 INTRODUCTION
Bayshore Marine Consulting, LLC (BMC) has been contracted to provide environmental services
in the form of a Submerged Resource Survey (SRS) at 1139 Chokoloskee Dr. in Chokoloskee,
FL 34138. The site is located within Section 36, Township 53 S, and Range 29 E of Collier County
and can be identified by folio #26084760007. This resource survey will provide planning
assistance to both the property owner and regulating agencies during any review processes for
the proposed project.
The subject property consists of a 0.46-acre parcel that can be found on the west side of the
island of Chokoloskee facing Chokoloskee Bay. The parcel is currently vacant but is the future
construction site of a 2-family-family residence. The shoreline of the property is comprised mostly
of vertical seawall, accounting for roughly 90’ of the property’s 110’ width. The remainder of
shoreline is comprised of a boat ramp. The parcel is neighbored to the north, south, and east by
single-family homes. The immediate area surrounding the subject property only contains a few
dock facilities, but the few that are present extend off shore a comparable (or further) distance to
that which is proposed.
The SRS was conducted on July 24th, 2023, between approximately 2:00 p.m. and 3:00 p.m. Site
conditions consisted of mostly clear skies with a slight breeze. Water clarity was poor, allowing
submerged visibility of approximately 1 foot. The ambient air temperature was approximately 94
degrees Fahrenheit and wind speeds averaged 5 - 10 mph from the north. The average ambient
water temperature was approximately 85 degrees Fahrenheit. High tide occurred prior to the site
visit at approximately 7:47 a.m. and reached approximately 2.9 feet above the Mean High Water
Mark. Low tide was achieved following the site visit at approximately 3:01 p.m., reaching
approximately 0.7 feet above the Mean Low Water Mark. High tide was again achieved following
the site visit at 7:50 pm, reaching approximately 2.5 feet above the mean low water mark.
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Packet Pg. 332 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
2
2 OBJECTIVE
The objective of the SRS was to identify and locate any existing submerged resources within 200
foot area of the proposed docking facility. Ordinarily, if seagrasses are present within the vicinity
of a project area, an analysis will be required regarding species, percent coverage, and impacts
projected by the proposed project. The presence of seagrasses may be cause for re-configuration
of the project design so as to minimize impacts. The scope of work performed during a typical
submerged resource survey is summarized below:
• BMC personnel will conduct a site visit and swim a series of transects within the project
site in order to verify the location of any submerged resources.
• BMC personnel will identify submerged resources within the vicinity of the project site and
delineate the approximate boundary limit of the resources.
• BMC personnel will produce an estimate of the percent coverage of any resources found.
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Packet Pg. 333 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
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3 METHODOLOGY
BMC intentionally designed the methodology of the SRS to cover the entire property’s shoreline
as well as a 200 ft. wide area surrounding the project site. The components utilized for this survey
included:
• Reviewing aerial photography of the surveyed area.
• Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto
aerials. (See attached Exhibits)
• Physically swimming the transects while using snorkel equipment, GPS locating the limits
of any submerged resources found, and determining the percent coverage within the area.
• Documenting and photographing all findings
The surveyed area was evaluated systematically by following the established transect lines
throughout the project site as shown on the attached exhibit. Neighboring properties, docking
facilities, and other landmarks provided reference markers which assisted in maintaining correct
positioning over each transect.
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Packet Pg. 334 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
4
4 RESULTS
The substrate found within the surveyed area consists of silty muck material with somewhat
frequent shell debris and macroalgae. Depths increased gradually with distance from the
shoreline from approximately 1 to 6 feet. During the submerged portion of the survey, no
seagrasses, living oysters, or other resources were observed in any capacity on the benthic
surface. Oyster debris could be seen on some of the seawall panels and dock piles within the
survey area. Accordingly, no impacts to submerged resources are expected to occur as the result
of the proposed project. A list of species observed during the SRS can be seen below in Table 1.
Table 1: Observed species of wildlife and vegetation within the vicinity of the project site
Common Name Scientific Name
Sheepshead Archosargus probatocephalus
Eastern oyster Crasostrea virginica
Caulerpa Caulerpa sp.
Common barnacle Balanus sp.
Acanthophora Acanthophora spicifera
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Packet Pg. 335 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
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5 CONCLUSION
The submerged resource survey was conducted and completed throughout a 200-foot wide area
surrounding the project site and yielded no results. No seagrasses or other resources were
observed anywhere within the vicinity of the project site. Accordingly, negative impacts to
submerged resources are not expected as a result of the proposed project at this location.
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Packet Pg. 336 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
1139 Chokoloskee Dr.
Submerged Resource Survey
July 2023
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6 PHOTOS
Photo 1: Seawall at subject property, facing North.
Photo 2: End of boat ramp and historic dock piles, facing west.
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Packet Pg. 337 Attachment: Attachment D - Applicant's Backup (28476 : PL20230013185 BD 1139 Chokoloskee Dr Brown / Joannou)
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Packet Pg. 338Attachment: Attachment E- BD-PL20230013185 - 1139 Chokoloskee Dr - Public Hearing Sign Posting 04 05