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HEX Final Decision 2024-25
HEX NO. 2024-25 HEARING EXAMINER DECISION DATE OF HEARING. Apri125, 2024 PETITION. Petition No. VA-PL20230013525 — 5238 Texas Ave —Request for an after -the -fact variance to reduce the required 10400t 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 3ingle-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. GENERAL PURPOSE FOR THE PETITION. The petitioner is requesting an after -the -fact variance to reduce the required structure -to -structure separation for an accessory utility building from 10 feet to 3.8 feet. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County of Ordinances, Sec. 8.10.00 of the all Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative/translator, public comment and then rebuttal by the Petitioner and/or Petitioner's representative/translator. There were no objections for this item at the public hearing. 5. The petitioner seeks to remedy a construction error related to Building Permit No. PRBD20211050976, issued on June 24, 2022, and was processed as an owner/builder Page 1 of 5 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 pIan depicting a 1046ot separation was submitted by Wermitting 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. Available collective actions are limited to removing the offending structure or approving a variance for the same. 6. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.I 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence and testimony from the public hear°ing reflects that t1�e subject property abuts a preserve area for the Whistlers Cove PUD. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which are the subject of the Variance request? The record evidence and testimony ji°om the public hearing reflects that the subject property abuts a preserve area for the Whistlers Cove PUD. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony from the public hearing reflects that the owner/applicant states that he has spent near°ly $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 i-nould result in financial hardship. County Zoning staff agrees that a literal interpretation of this zoning code presents practical difficultiesfor the owner/applicant. 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony fi°om the public hearing reflects that granting of the requested variance will not have adverse impact to health, safet3�, and �-t�elfare. The owner/applicant needs a variance to reduce the required 10 foot structure4o-structure 1 The Hearing Examiner's findings are italicized. Page 2 of 5 separation by 6.2 feet, allowing the existing shed/Zrtility/stor°age building to remain J.6 feet from the residence. S. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record evidence and testimony from the public hearing reflects that by definition, a variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. As such, other properties facing similar hardships would be entitled to make similar requests and i->>ould be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony from the pZrblic hearing reflects that 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 fitr•ther• notes that there is sufficient space beN)een the residence and the utility building to escape using a rear i44ndow in the event of afire. County Zoning staff did consult Tidth fire officials and the Building Department, but neither had safety concerns. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The r•ecor•d evidence and testimony fi°orn the public hearing reflects that the subject property abuts a preserve area for the Tr histlers Cove PUD. 8. Will granting the Variance be consistent with the GMP? The record evidence and testimony from the public hearing reflects that approval of this hariance will not affect or change the regztirements of the GMP with r°espect to densit��, intensio), 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 doesn't impact any preserve area, the EAC did not hear this petition. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's Page 3 of 5 representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20230013525, filed by the owner/applicant, Osmath Diprena and Djoulie Adeka, with respect to the property legally described as 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, for the following: • 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. Said changes are fully described in the Zoning Map attached as Exhibit "A", the Map of Survey attached as Exhibit `B", and the Building Permit PRBD20211050976 attached as Exhibit "C" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Zoning Map Exhibit B — Map of Survey Exhibit C — Building Permit PRBD20211050976 LEGAL DESCRIPTION. 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. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. As a condition of approval, the owner/applicant/builder must obtain a Certificate of Completion for Building Permit No. PRBD20211050976. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 4 of 5 APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT, DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. May 17, 2024 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 r \ \, 4� Z � O � 0 N O / N o 0 N � o�CQ - i T�1T-TT TiTm � N VA-PL20230013525; 5238 Texas Avenue Page 2 of 7 04/11 /2024 C� W ^. xM_ 00 0 IILM �V) w J Q, d(4 z zw �Z W xQ U m H 1400 �M N F � O� 4 Y w u "i • 8 . volo n�n�ar m �in a j l l Z�F 3mm >mn I Y px�p� i� (a),co'ae ■ VA-PL20230013525; 5238 Texas Avenue Page 3 of 7 04/11 /2024 CC1ier County Growth Management Department BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@CollierCountyFL.gov Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. Res. 3+Units/Multi-Family C.6. Subdivision Lot #: NAPLES MANOR LAKES BLK 9 LOT 11 Home j IGuestHouse C.2. Job StreetAddress: 5238 Texas AVE C.7. Project Name; C.3.OwnerName: OSMATH DIPRENA C.B. SDP/PL#: CA, Owner Phone: 239-810-5861 C.9. Jurisdiction: x®Collier County [:]City of Everglades C.5. Email: Em• ® • • • • D.1. Permittee Type: Contractor ®Design Professional Owner -Builder D.2. Contact Name: YOALYS MARTIN D.3. License: n/a DA. Company Name: self D.5. Company Address: D.9. Company Phone: D.6. Qualifier Name: OSMATH DIPRENA D.10. Fax #: D.7. Email: ipermitting@gmail.com For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. ® Yes 12000.00 —� E.2.PermitType: ®Alum Structure�AwningsE]Building* Carport/Shed []Cell Tower[]Demolitiorl] Detached Garage ®Electrical[]FenceE]Fre ®Gas Marine E]Meri nical ®Plumbing®Pool ®Roof Shutters/Doors�ndows [].Sales/Const.Trailer�ScreenEndosure©Solar �[: ]Water WaterFeature E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. NEVI-STOBAG.E_,_------w__.____.___._---------_________.__.__.__.--- E.4. OccunancyTyoe: RESIDENTIAL See Instructions E.5, Construction Type: [I IA � IB ©IIA [IIIB ®III A [I III B ®N El VA El VB see Instructions E.6. Is Structure in a Flood Zone: No Mx Unknown � Yes, additional form required. See Instructions E.7, Is Structure Fire Sprinkled: El No ® Yes E.8. Type of Water Supply: M Collier C E.9. Type of Sewage Disposal: El Sewer E E.10. Vegetation Removal: ® Yes CIO E.11. Private Provider: E.12. Threshold Building: E.13, Repairs from Disaster Event: E.14. Change of Occupancy: E.15, Is this a Permit by Affidavit: E.16, Subcontractors: Check All that Apply: Sel No Well ®City of A Vegetation Removal Affidavit is No E.8. Type of Water Supply: M Collier C E.9. Type of Sewage Disposal: El Sewer E E.10. Vegetation Removal: ® Yes CIO E.11. Private Provider: E.12. Threshold Building: E.13, Repairs from Disaster Event: E.14. Change of Occupancy: E.15, Is this a Permit by Affidavit: E.16, Subcontractors: Check All that Apply: Sel No Well ®City of A Vegetation Removal Affidavit is No 0 Yes No ®Yes No © Yes No ❑ Yes IAve Maria C"JCity of :m Other for any new structure of addition on all parcels larger than 1 acre. Plan Review &Inspections � In Name of Disaster Event: Yes Total Number of Stories: Floor (Story) work is being performed on: #Bedrooms: #Bathrooms: Living /Int. Sq. Ft.: Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: 600 Total Sq. Ft.: 600 PMR Date: PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY Days Review: Sets of Plans: PAGE 2 1.2020 Page 2/4 DepartmentGrowth Management cof rer county BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PetmittingDept a@colliercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF.COLLIER CQUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: in addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit maybe subject to deed, and other restrictions that may limit or Impair the landowner'sAghts. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYSi This permit does not authorize construction or installation of any structure or utility; above or below ground, within any right,of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department. . NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST), There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additional information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits,prior to commencement of expires if work is not commenced within 180 days.from the date of issuance. 1, THE OWNER OR construction. The approved permit and/or permit application AGENT OF OWNER understand that only licensed contractors may be employed and that tHe.structure cahhotbe used or occupied until a certificate of occupancy is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application to provide contracting services for the.trade,for.whicWhe of she isalisted: lainderstand it is the responsibility of the property owner to notify the Building Plan Review and Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her.services. 1, THE OWNER OR AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and.Ordinances. Furthermore, I, THE OWNER OR AGENT OF OWNER understand the owner is responsible for•altconstruction work on the property. J -1 2 OF -r& -r A V AflY ed before me by means of �"pt name of owner or agent of owner) Such persons) Notary Public must check applicable box:. Are personally known to me )� produced a currnt�v Has produced Notary Signature: NOTICE OF COMMENCEME FORMATION Per Florida Statutes 713.135, once of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exceptions. For A/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500. The applicant shall file with the Issuing authority prior to the first inspection either a certified copy of the recorded NOC or.a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The Is authority shall not perform or approve subsequent inspections until the applicant files by mall, facsimile,, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Page sra Building Permit Application 1.2020 BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Perm[ttingDept@colllercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there maybe 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 entles such as the Water Management District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS:'Theland subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner, or any.applicant acting on behalf of the landowner,is cautioned to seek professional advice. WARNING OF WORK IN THE COUNTY RIGHT•OF-WAYS: This permit does not authorize construction_ or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes, This restriction specifically prohibits fencing'sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work. therein. If such Improvements are necessary, a'sepa'rate permit for'thahpurpose must be obtained from the Growth Management Department: NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one, (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit.. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concem`(ACSC), and Special Treatment Oveday{ST). There maybe additional restrictions related to clearing native vegetation -and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additional information, Issuance of a Demolition Permit for a structure doesnot authorize removal of vegetation beyond the footprint.of the structure; A Demo Permit is not a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that SubstantialDamage/Substantiai improvement.requirem ents will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation, CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. 1, THE QUALIFIER, certify that I have not performed any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this Jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain -permits prior'to commencement of construction: Th'e.perr11 riit application or approved permit expires if work is not commenced within 180 days'from the date of issuance:1, THE QUALIFIER'und'erstand that the'structure canhot be used or occupied until a certificate of occupancy Is issued. Bysigning this permit application, 1, TH1. E QUALIFIER, agree that l have beensetalned by the property owner to provide contracting services for the trade for which I. am listed.'Furthennore, if is my responsibility to notify the Building Plan Review and Inspection Divisipn should I no longer be THE QUALIFIER responsible for providing said contracting services. 1, THE QUALIFIER, agree that I understand the review and issuing of this permit does not exempt me from con lying with all County'Codes and Ordinances. Job Street Address' Signature of Qualifier (An origaminnal signa a is required) State of p { County of The fore o' g instrumenLw s acknowledged before me by 20 �, by`(pririted name ofqudiifie Such person(s) Notary Public must check applicable box: rHas rsonally known to me oduced`a'currgutdrivers license oduced r G' �/ Notary Signature: 14 Print Name of Qualifier l 7 . qV physi' al res nc m 131 online notarization this evil day of /'ALL et NOTICE OF COMMENCEMENT I F RMATION Per Florida Statutes 713 135, a N t e of Cojnrnencement (NOC) is required for construction of improvements totaling an $2,500 witti'cunain exceptions. For A/C Repairs or Replacements a notice of commencement is required for improvements more than,or equal to $7,500:'The applicant shall file with the issuing authority pnorto'the first Inspection, either a certified copy of the recorded NOC or a notarized statementthat.the NOC has been filed for recording, along with a copy thereof. In order to.compty with the state requirement; permits will be placed in inspection hold until proof of the NOC; is'filed with the building permitting and inspection department, The issuing authority shall not perform or approve subsequent Inspections until the applicant files by mail,, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. i - WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT.IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE REICORDING _YOUR NOTICE OF COMMENCEMENT, A'NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB, SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. - AUTHORIZATION FORM 2800 N. HORSESHOE DRIVE, NAPLES, rL 34104 (239) 252-2400 Email to: PermltHngDept@colliercountyfl.gov orFax to:239-252-3990 Expires 8/31/2021 TIME JOB -SPECIFIC for Job Address:��� To ADD an Authorized Persons) To REPLACE an Authorized Person(sj as the qualifier and License Holder for ,authorize the following individuals) to act as my agent in submitting and/or obtaining permits. SELECT and Option and PRINT Name of Authorized Persons) Below; add move Authorized Pers n Portal Account Name o El El El 11 El ® El El El Qualifier's State of � County of The foreg ing instrument was cknowledged before me by means of I _� , 20.�by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box:171 Are pe Wally known to me H produced a current driv as produced i' Notary Signature! r Authorization Form 8.5.2021 'as identification. 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Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Date: December 01, 2021 Contact Name: YOALYS MARTIN Address: 3210 22ND AVE NE City, State Zip: NAPLES, FL 34120 Dear Applicant: Outstanding Corrections PERMIT NO: PRBD2021105097601 APPLICATION NO: PRBD20211050976 JOB SITE ADDRESS: 5238 Texas AVE, Naples, Single Family Email:lpermitting@gmail.com 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/CityV!ewWeb/ 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. 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: !-OC-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 I I 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 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). iPermitting Services Corp. 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 Reiected Review: RESIDENTIAL Review Reviewed BV: 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 Reiected Review ZONNING Review Review Reviewed By: Stefanie Nawrocki Correction Comment 1: Please see corrected plans setback and dimension. Rejected Review Engineering Review Review Reviewed BV: Christian Mumme Correction Comment 1: Please see attached stormwater Plan by owner. 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Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Date: May 193 2022 Contact Name: YOALYS MARTIN Address: 3210 22ND AVE NE City, State Zip: NAPLES, FL 34120 Dear Applicant: Outstanding Corrections PERMIT NO; PRBD2021105097601 APPLICATION NO: PRBD20211050976 JOB SITE ADDRESS; 5238 Texas AVE, Naples, Single Family Email:lpermitting@gmail.com 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:239-252A301 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 aria) 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). iPermitting Services Corp. 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 sgft. Growth Management Department www.coll iercou ntyfLgov 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Fax (239) 25M358 The stormwater plan worksheet must be completed if the building permit does not require a certified site plan. This form is not necessary for building permits that require a certified site plan. Some information required to complete this worksheet may be available from sources such as the property appraiser's website. Lot Size Impervious Area See definition on page 1 1 Lot width 60 ft 2 Lot depth 135 ft 3 Lot Area (multiply lines 1 and 2) 8100 ft2 4 Existing impervious area (see definition ft2 includes house, driveways, pool decks, etc.) 2089 5 Proposed additional impervious area 400 ft2 6 Total lot impervious area (add lines 4 and 5) 29aq, ft2 stormwater Plan Type 7 Percentage of impervious area (line 6 divided ( .�s— , by line 3) $ Required stormwater plan (compare line 7 to Table 1 for stormwater plan thresholds): Type I Stormwater Plan (See LDC section 6,05,03 DA) ❑ Type II Stormwater Plan e LDC section 6.05.03 D.2) Page 4 of 4 Approval of Construction Documents Building Plan Review & Inspection 2800 N. Horseshoe Dr, Naples, FL 34104 239-252-2400 Residential Permits coi[' er c_ 114 ty build It! REVIEWED FOR CODE COMPLIANCE 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) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 Receipt Number: 2022982364 Transaction Number, 2022-063434 Date Paid: 06/24/2022 Amount Due: $984,38 Payment Details: Payment Method Cash Amount Paid: $1,000.00 Change / Overage: $15,62 Contact: DIPRENA, OSMATH 5213 MARTIN ST NAPLES , FL FEE DETAILS: Fee Description Zoning Review -Additional Reviews Inspection Fee Site Engineering Structural - Review Fee Electrical - Review Fee BCAI DBPR Surcharge Reference Number PRBD20211050976 PRBD20211050976 PRBD20211050976 PRBD20211050976 PRBD20211050976 PRBD20211050976 PRBD20211050976 Cashier Name: AlinaHarris Batch Number: 11150 Entered By: JenniferGonzalez Amount Paid $1,000,00 DJOULIE ADEKA 34113 Check Number Original Amount GL Account Fee Paid $37.50 $37,50 131438326-343990 $675.00 $675.00 113-138900-322110-000000 $150.00 $50,00 $150.00 $50.00 131-138327-322490 113-138900-322110-000000 $50.00 $50,00 113-138900-322110-000000 $13,13 $8.75 $13,13 $8,75 113-000000-208820 113-000000-208800 C�7 01011 qZeZ•i0i ► I wd PERMIT #: PRBD20211050976 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 ISOFT�, 600 PERMIT TYPE: Building SETBACKS: FRONT: REAR: 10' Accessory LEFT: 7.5' RIGHT: 7.5' FLOOD ZONE: AE SEWER: WATER: CONTRACTOR INFORMATION: SUB CONTRACTOR INFORMATION: DIPRENA, OSMATH DJOULIE ADEKA 5238 TEXAS AVE NAPLES, FL 34113 DIPRENA, OSMATH DJOULIE ADEI{A 5238 TEXAS AVE NAPLES, FL 34113 CERTIFICATE #: PRBD20211050976 PRBD20211050976 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb SETBACKSa FRONT: REAR: INSPECTIONOUTCOME 107 - Truss/Sheathing/Bucks 10' LEFT: 7.5' Accessor y RIGHT: 7.5' SPECIAL: FLOOD FZAE ZONE: COMMENTS 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- Shea rwall/Nailing 152 - Shearwall/Water Barrier 153 - Shea rwall/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 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 ar•e 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:OOAM to 800OPM 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 4344222/UTS 1-800-542AO88/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.