HEX Final Decision 2024-28HEX NO. 2024-28
HEARING EXAMINER DECISION
DATE OF HEARING.
May 309 2024
PETITION.
Petition No. VA - PL20240001875 — 626 Maple Drive -Request for a variance from Land
Development Code Section 4.02.02 E, to reduce the requi Dred minimum lot area for
conditional uses in the VR zoning district from 1 acre to ±0.54 acres for the development of
a church to be located on Lots 17, 18, & 19, Block 3, Palmetto Park Subdivision, also
known as 626 Maple Drive, Immokalee, FL 34142 in Section 9, Township 47 South, Range
29 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a variance from Land Development Code (LDC) to reduce the required
minimum lot area for conditional uses in the VR zoning district from 1 acre to ±0.54-acres for
the development of a church. The Petitioner seeks a Variance to allow for a Conditional Use, the
companion item Petition No. CU-PL20230004316, to redevelop a church destroyed by a fire on
the subject property.
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 Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with
ali County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
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5. 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.1
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 hearing reflects that yes, at the time
the sanctuary was initially constructed, it tivas tinder the authority of the Innnokalee Area
Zoning Code ivhich did not establish a one -acre minimum for a nonresidential use. The
�0.54-acre site has supported the church facility since 1978.
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 from the public hearing reflects that yes, the
acre site was initially developed in 1978 for the church sanctuary use and was
continually utilized for religious i-Worship until the structure was destroyed by afire in
2022. At the time of initial construction, the proopero) was regulated by the Irnmokalee
Area Zoning Code, which required no minimum lot size for the church use. However, the
site is nou) tinder the authority) of the Collier County Land Development Code, which
does require a one -acre minimum for the proposed non-residential use. The historical
zoning code changes are not the fault of the property owner.
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 Dearing r°eflects that yes, thout the
Variance crud companion Conditional Use, the church will be unable to r ebuild the
sanctuary building to support the congregants who reside in the Inmokalee community.
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 from the public hearing reflects that yes, the Variance
request redzrction of �0.46-acres to allotiW the char°ch to be located ors the existing
acre lot is the minimum variance necessary to re-establish the church use on the property
that existed on the parcel for approximately 46 years.
5. 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?
1 The Hearing Examiner's findings are italicized.
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Tlie record evidence and testimony from the public hearing reflects no, the Variance
r°equest is not the result of the property owner but rather a combination of zoning code
changes since initial construction and the untimely f re in 2022 that completely destroyed
the church sanctuary.
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 crud testimony from the public hearing reflects that granting the
variance will be in harmony with the intent and purpose of this code and ia)ill not be
injurious to the neighborhood or otheridse detrimental to the public welfare.
7. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The record evidence and testimony fr°om the public hearing reflects that there are no
natural conditions that ameliorates the Variance; however, the Variance will permit the
re-establishment of the historic church use on the site, and the church building will
comply ivith required setbacks and landscaping buffer requirements.
8. Will granting the Variance be consistent with the GMP?
The record evidence and testimony fi°orn the public hearing reflects that the church use is
a permitted use in all land use categories in the hnimokatee Area Master Plan.
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.
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
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.
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DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20240001875, filed by D.
Wayne Arnold, AICP of Q. Grady Minor & Associates, representing Lilly Bass Church of God
in Unity, Inc, with respect to the property legally described as ±0.54-acres lot is located on Lots
17, 18, & 19, Block 3, Palmetto Park Subdivision, also known as 626 Maple Drive, Immokalee,
FL 34142, in Section 9, Township 47 South, Range 29 East, Collier County, Florida, for the
following:
• A Variance request from Land Development Code (LDC) Section 4.02.02 E to reduce the
required minimum lot area for conditional uses in the VR zoning district from 1 acre to
±0.54-acres for the development of a church.
Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Conceptual
Site Plan attached as Exhibit "B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B — Conceptual Site Plan
LEGAL DESCRIPTION.
The subject property is �0.54-acres lot is located on Lots 17, 18, & 19, Block 3, Palmetto Park
Subdivision, also known as 626 Maple Drive, Immokalee, FL 34142, in Section 9, Township 47
South, Range 29 East, Collier County, Florida.
CONDITIONS.
• All other applicable state or federal permits must be obtained before commencement of
the development.
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.
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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.
June 25, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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VARIANCE IS BEING REQUESTED FROM LDC SECTION 4.02.02 E.
ZONING DISTRICT REQUIREMENT ACTUAL SITE DIMENSION VARIANCE REQUEST
VR FOLI0:65073520002 PL20240001875
MINIMUM LOT SIZE = 1 ACRE EXISTING LOT SIZE = ±0.54 ACRES ±0.46 ACRES
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VARIANCE
CONCEPTUAL SITE PLAN
REVISED APRIL 30, 2024
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