HEX Minutes 10/24/2024 DraftOctober 24, 2024
Page 1
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida, October 24, 2024
LET IT BE REMEMBERED that the Collier County Hearing
Examiner, in and for the County of Collier, having conducted
business herein, met on this date at 1:02 p.m., in REGULAR
SESSION at 2800 North Horseshoe Drive, Room 609/610, Naples,
Florida, with the following people present:
HEARING EXAMINER ANDREW DICKMAN
ALSO PRESENT:
Michael Bosi, Planning and Zoning Director
Raymond V. Bellows, Zoning Manager
Tim Finn, Principal Planner
John Kelly, Senior Planner
Maria Estrada, Planner II
Ailyn Padron, Management Analyst I
October 24, 2024
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HEARING EXAMINER DICKMAN: Good afternoon,
everyone. This is the Collier County Hearing Examiner meeting of
October 24, 2024.
Let's all rise and say the Pledge of Allegiance.
(Pledge of Allegiance.)
HEARING EXAMINER DICKMAN: All right. Thank you,
everybody.
My name is Andrew Dickman. I'm the appointed hearing
examiner for Collier County for this area of applications that fall
under the code that are my jurisdiction.
I am not a County employee. I'm an -- I'm an attorney, Florida
Bar attorney, for over 20 years. I have been appointed by the Board
of County Commissioners to act in this capacity, to be an impartial
decision-maker on all of these applications.
Obviously, County staff is here to my right. We have our court
reporter here.
I have not had any meetings with the County or anybody to that
effect on any substantive issue on any matter here.
When we say quasi-judicial hearing, I'm here in the capacity of a
quasi-judge. So just like you would not go talk to the judge
personally by yourself, you know, I have maintained that same kind
of impartiality.
What -- the documents I have reviewed is everything that's in
the record that's been provided. It's available to the public. I've
read everything. I have looked at it. I am very familiar with
everything. I just want everyone to know that I don't have private
meetings with anybody outside of this arena about any topics, so no
one is prejudiced in that manner.
So my job is to basically hear each petition on its own merits.
Each petition, whatever it may be, has its own criteria that's in the
code that has to be -- that it has to be analyzed and reviewed by.
October 24, 2024
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And so my job will be to listen to the evidence and testimony that's
brought here today, look at what's in the record that's made available,
and then within 30 days render a written decision.
I will not be making decisions here today. I take everything
back and I put it together in a formal decision, and my office will be
issuing that.
The process that I like to follow here is, again, it's -- it's
informal, but it's formal. So I don't want you to be nervous, if you're
worried about speaking publicly, but at the same time I like to keep a
process set up so that there is a record. You know, we do have a
court reporter, as I mentioned, who keeps a verbatim
record -- verbatim transcripts of everything that's going on, in the
event that somebody needs to look back, you know, in time and look
and find out what happened.
We follow the same procedure. So I typically like to have the
County introduce the agenda item, the petition, using this podium in
the middle.
And then after that -- we'll just go over some basic things, the
petition itself, any -- any specific items that they want to point out.
They'll talk about the -- what kind of notices were put out, any
recommendations or conditions that they're recommending.
Then we will ask the applicant or the applicant's representative
to use this other podium next to the court reporter. And come up and
be sure to, you know, state your name and address and things like
that, and then go through the application, which would be your -- the
case in chief.
And then we will allow for public comments. And at that time,
public comment could be someone that's here personally, live. And
if you're here to speak as a member of the public, there are speaker
cards over here on the table. If you could fill one of them out and
give them to the young lady over here.
October 24, 2024
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This is also a hybrid meeting. So the County has done the
public the very favor of allowing folks that can't get here - it's a very
large county - so they can attend via Zoom. And usually that works
out pretty well. Sometimes there's some -- some IT issues on one
end or the other. But, either way, the County has offered that up, so
we may get some public testimony via Zoom.
Once I close the public hearing portion, then it's closed. I will
allow the applicant or the applicant's representative some time for
rebuttal, if necessary, after that.
I may ask some questions. If I -- if I'm not -- if I'm not looking
at you while you're speaking, please don't take offense of it, because I
have the reports in front of me and I'll want to glance down at them.
I'm listening to everything.
That's the most important thing here, is that -- you can say
whatever you want to say at the podium, this is your time, but I
would ask that you try to focus your attention on the criteria and the
facts related to the particular case. That's going to be most helpful
for me, because once this hearing is over with, then you cannot reach
out to me and contact me and say, "Oh, by the way, I have this other
piece of information I want to give you." I will not do that. The
hearing will be over. We're set. We're done. So we try to get
everything -- we take our time and try to get everything done here
today.
Please silence any phones. If you're going to have any
conversations with anybody, please step out in the hallway.
We do have a rather large agenda. I'm personally not going to
apologize for that, because I didn't create the hurricanes. But, at the
same time, it is -- you know, I do ask for everyone's patience as we
go through these things. I do appreciate everyone being here. And
I certainly do hope that everyone got through the storms safe and
sound, with as little damage as possible.
October 24, 2024
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I do some work up in the Tampa Bay area, and those cities up
there are not doing very well. And I remember that very fondly
during -- not so fondly, actually -- during Ian, and Irma before that,
and so we all know how they're -- how they're feeling. So I hope
everyone here, you know, fared well through the storm.
I know that's just part of life in Florida. Unfortunately, we
quickly forget about it after the hurricane season is over with, but it
does come around, and sometimes it comes around with a -- with a
ferocious roar.
So a lot of these things on the agenda today had to be rolled over
onto this agenda. So I apologize if anybody had to wait a long time
to get here, because I know you're waiting to get your decision one
way or the other. So I appreciate your patience on that.
With that, anyone who is going to speak here today to -- you
know, on the record, you have to do so under oath. And with that, I
will ask everyone who is going to speak here today to stand, raise
your right hand, and our court reporter will administer the oath.
(Oath administered.)
HEARING EXAMINER DICKMAN: All right. Great,
everybody. And, yes, I echo that. I usually say that. The court
reporter has full authority to stop everything if somebody is talking
loudly or too -- too -- you can't understand them, or they're using
hand gestures, or things like that, that can't be recorded. It's very
important to have the record. I look at the transcripts sometimes
when I need to go back and look and see what happened. So it's
really, really -- probably the most important thing here is to make
sure that we have a clean, verbatim record of the proceedings.
So with that, unless anybody has anything else, why don't we get
started.
MR. BELLOWS: Under your Item Number 2, review of
agenda, I do have a continuance on Item 3-E.
October 24, 2024
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HEARING EXAMINER DICKMAN: Okay.
MR. BELLOWS: It's going to the November 14th -- the
applicant is here to explain why there's a need --
HEARING EXAMINER DICKMAN: Okay. Why don't we
handle the continuance request first? Is the applicant here?
MR. BELLOWS: Yes.
HEARING EXAMINER DICKMAN: Yep. Hi. Come on
up.
MS. TAYLOR: Hi. How are you?
HEARING EXAMINER DICKMAN: Fine, thanks.
MS. TAYLOR: This one?
HEARING EXAMINER DICKMAN: Yes, ma'am. This one
is fine.
MS. TAYLOR: This one, okay.
HEARING EXAMINER DICKMAN: Hi.
MS. TAYLOR: Hi. Penny Taylor, P-E-N-N-Y,
T-A-Y-L-O-R.
HEARING EXAMINER DICKMAN: Good to see you,
Ms. Taylor.
MS. TAYLOR: Nice to see you-all.
I am the state program coordinator for the grants for -- for
Community Foundation.
HEARING EXAMINER DICKMAN: Okay.
MS. TAYLOR: And I'm here on their behalf.
We are planning to replace a manufactured home on a -- on a
piece of land in Golden Gate that already has a destroyed
manufactured home on it.
HEARING EXAMINER DICKMAN: Uh-huh.
MS. TAYLOR: It appears - and I won't get into too much - it's
been grandfathered in. And so we were going merrily along until we
had two hurricanes in October, and we did not give proper
October 24, 2024
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advertising. And so we are, you know, respectfully asking that this
be continued to November the 14th.
HEARING EXAMINER DICKMAN: I have no problem with
that. I'm very big in favor of making sure we dot our i's and cross
our t's, and notice to the public is a big part of that, as you well know.
So, yes, I have no objection to that whatsoever. So we'll go to the
next meeting? Is that --
MR. BELLOWS: Yes.
HEARING EXAMINER DICKMAN: -- where we're going to
put it?
MR. BELLOWS: November 14th.
HEARING EXAMINER DICKMAN: November 14th. Date
certain; right?
MR. BELLOWS: Date certain.
MS. TAYLOR: Date certain.
HEARING EXAMINER DICKMAN: All right.
MS. TAYLOR: Thank you very much.
HEARING EXAMINER DICKMAN: It's good to see you.
MS. TAYLOR: Thank you.
HEARING EXAMINER DICKMAN: I'm sorry for the
hurricane damage that you had.
MS. TAYLOR: Well, it's not -- I didn't have hurricane damage,
but, you know, up the road it's -- it just gets increasingly worse --
HEARING EXAMINER DICKMAN: Well, it's --
MS. TAYLOR: -- and things slow down.
HEARING EXAMINER DICKMAN: Yeah, and it creates a
big logjam of time. Everybody's doing other --
MS. TAYLOR: Yeah.
HEARING EXAMINER DICKMAN: -- things, and that
becomes a priority. I understand very much, so --
MS. TAYLOR: Thank you.
October 24, 2024
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HEARING EXAMINER DICKMAN: So it's great to see you.
All right. So 3-E is off the agenda.
Do we have any other things that we have to deal with,
business?
MR. BELLOWS: No other changes to the agenda.
HEARING EXAMINER DICKMAN: All right. Then we'll
go right to 3-A.
MS. ESTRADA: Hello? Okay. I wasn't sure it was on or
not.
Good afternoon, Mr. Dickman. For the record, Maria Estrada,
Planner II in the zoning division.
Before you is Agenda Item 3-A. This is a request for an
insubstantial change to Ordinance Number 19-34, as amended, the
Vanderbilt Commons Planned Unit Development, PUD, by amending
Section 5.17.C so that that section no longer applies for lots 5 and 6.
The subject approximately 2.7-acre parcel is part of the 15-acre
PUD, which is in the northwest quadrant of the intersection of
Vanderbilt Way and Buckstone Drive, approximately 1,200 feet west
of Collier Boulevard.
The property is in Section 34, Township 48 South, Range 26
East, in unincorporated Collier County.
The petition was reviewed by staff based upon reviewed criteria
contained within LDC Section 10.02.13.E.1, A through K, and
10.02.13.E.2.A. And staff believes this petition is consistent with
the review criteria in the LDC as well as with the GMP.
The applicant conducted one neighborhood information meeting
held on Tuesday, August 27th, 2004 {sic}. No members of the
public attended in person or by Zoom.
With respect to the public notice requirements, they were
complied with as per LDC Section 10.03.06.H. The property owner
notification letter and newspaper were -- ad were taken care of by the
October 24, 2024
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County on Friday, September 6th, 2024. And the public hearing
signs were placed by the applicant on Wednesday, September 11th,
2024. But due to the hurricane, the applicant edited the sign on
October 16, 2024, to comply.
So there has no -- there has been no public opposition pertaining
to this petition. Therefore, staff recommends that you approve this
petition for an insubstantial change to the Vanderbilt Commons PUD.
And this concludes staff's summary.
HEARING EXAMINER DICKMAN: Thank you. Appreciate
that.
Hi.
MS. HANSEN: Hi. Good afternoon. I'm Rachel Hansen,
certified planner with The Neighborhood Company.
We do have a short presentation if you would like us to go
through it. But, otherwise, I think Maria did a very thorough job of
describing the request for the insubstantial change. So if you have
any questions -- otherwise, I would be happy to go through --
HEARING EXAMINER DICKMAN: If you wouldn't mind,
just give me a little bit of your background, just so I can --
MS. HANSEN: Sure.
HEARING EXAMINER DICKMAN: -- establish you as
a -- as an expert.
MS. HANSEN: Absolutely.
I actually worked as a planner in comprehensive planning for
Collier County from 2021 until March of this year.
I was AICP certified in November of this year -- or last year,
rather. Excuse me.
And I have -- prior to working for Collier County, I worked for a
regional planning commission in Rock Island, Illinois.
HEARING EXAMINER DICKMAN: Okay. Great. Thank
you.
October 24, 2024
Page 10
MS. HANSEN: Yeah.
HEARING EXAMINER DICKMAN: I'll see you as an expert,
then.
MS. HANSEN: Great. Thank you.
HEARING EXAMINER DICKMAN: All right. Why don't
you go ahead and take a few minutes just to get on the record some
information --
MS. HANSEN: Sure.
HEARING EXAMINER DICKMAN: -- yourself.
MS. HANSEN: Absolutely.
Do I have a --
MR. BOSI: Just say, "Next slide."
MS. HANSEN: Okay.
HEARING EXAMINER DICKMAN: Yeah.
MS. HANSEN: Great.
MS. PADRON: Just give me a signal.
MS. HANSEN: Okay. Sure. Sounds good. Thanks, Ailyn.
So just a brief overview of the subject property. Maria already
went through most of this. But it's 2.5 acres. It's about a quarter
mile west of the intersection of Collier Boulevard and Vanderbilt
Beach Road.
The zoning is Vanderbilt Commons mixed use PUD. And the
future land use designation is the urban mixed use district and the
Vanderbilt Beach, Collier Boulevard commercial subdistrict.
Next slide, please.
This is just an overview map. So the subject property is lots 5
and 6, which you see outlined in black. The entire PUD is outlined
in red.
Next slide.
So here's just some context. This PUD was originally approved
under Ordinance 2005-19. It permitted a maximum of 53 residential
October 24, 2024
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units and 200,000 square feet of commercial uses.
There was an amendment that was adopted in 2019. And
during the process of that amendment, a condition was placed, which
is that Section 5.17.C that required garages for the first floor units of
any residential development.
A site development plan for multifamily was approved in 2020,
and it did not include garages in that, as part of that plan.
The Bellavista at Vanderbilt Way Apartments were built without
those garages. They were, obviously, properly permitted by the
County. They were built in -- they were built pursuant to that SDP
that was approved in 2020.
Next slide.
So, again, our request is to change the PUD, specifically Section
5.17.C, to exclude lots 5 and 6 from the condition which requires
garages. And I just want to note that this request has no impact on
any approved uses or on the approved residential density. And
actually, the number of units that were built was 48, so slightly less
than the 53 that were approved.
HEARING EXAMINER DICKMAN: Okay. So my
understanding, then, is that this -- this is already built. It happened.
Nobody really, you know -- I guess the -- the restriction here or the
condition wasn't caught or followed, and so we're doing some
cleanup here.
MS. HANSEN: That's correct.
HEARING EXAMINER DICKMAN: Is that a good, fair, and
accurate description?
MS. HANSEN: Yeah.
And, in fact, the -- the -- our client, the builder, purchased the
property after that SDP without the garages was approved.
HEARING EXAMINER DICKMAN: Gotcha, okay. And,
then, so the parking is where for the -- for those residences?
October 24, 2024
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MS. HANSEN: Actually, if you want to go to the -- I think the
next slide has some aerial photos.
So that is -- you can see the -- the parking is primarily in front of
the building. I think the next one might show it a little closer.
Yeah.
HEARING EXAMINER DICKMAN: Okay. So that's the
residence?
MS. HANSEN: Yes, that's correct.
HEARING EXAMINER DICKMAN: So they're residential
apartments? They're not condominiums?
MS. HANSEN: Uh-huh.
HEARING EXAMINER DICKMAN: Okay. So the parking
is all ground-level surface parking?
MS. HANSEN: Correct.
HEARING EXAMINER DICKMAN: Okay. All right.
Okay. So we're just making a minor change to legalize that and --
MS. HANSEN: Correct.
HEARING EXAMINER DICKMAN: -- make it consistent
with the approved ordinance. Okay. Great. I understand what's
going on.
Let's go to public comment.
Are you done?
MS. HANSEN: I'm done.
HEARING EXAMINER DICKMAN: All right. Great job.
MS. HANSEN: Thank you.
HEARING EXAMINER DICKMAN: And congratulations on
your AICP and for your years with Collier County.
MS. HANSEN: Thank you.
HEARING EXAMINER DICKMAN: I don't how you did it,
but, you know, it must have been torture.
Let's go to the public.
October 24, 2024
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MS. PADRON: Good afternoon. We have no speakers for
this petition.
HEARING EXAMINER DICKMAN: No speakers for this
petition.
Okay. Anybody have any last words that they want to say?
Anything?
Okay. This is pretty straightforward. I get what happened. I
get what's going on. I will get a decision out as quickly as possible.
Thanks for being here. Appreciate it. Good job.
All right. Okay. We're going to 3-B; right?
MR. BELLOWS: Yes.
HEARING EXAMINER DICKMAN: Am I talking too fast?
MS. PADRON: Hi, Tim. Let us know when you're ready.
MR. FINN: Yeah, I'm -- I'm ready, Ailyn.
MS. PADRON: Thank you.
MR. FINN: For the record, I am Tim Finn, Planner III.
This is for Petition Number PDI-PL20240004116, Naples
Preserve Villas, LLC, requesting an insubstantial change to the Onyx
RPUD, Ordinance 16-24, for, Number 1, the modification of
Exhibit B, Table 1, residential development standards to add internal
development standards for a platted townhouse development; and,
Number 2, a deviation from the LDC 4.07.02.G.1, open space
requirements, which requires residential PUD districts to provide a
minimum 60 percent usable open space to allow 40 percent usable
open space.
The subject 8.72-acre parcel is located on the east side of Santa
Barbara Boulevard, approximately one half mile north of Rattlesnake
Hammock Road, in Section 16, Township 50 South, Range 26 East,
in Collier County, Florida.
The project is compliant with the GMP and LDC; therefore,
staff recommends approval.
October 24, 2024
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The applicant has complied with all hearing notices by our
operations staff. The advertisements and mailers went out on
September the 6th.
The hearing advertisement and property signage were
constructed at the property by the applicant per the affidavit of
posting notice included in Attachment L of the backup materials.
And this concludes my presentation.
HEARING EXAMINER DICKMAN: Okay. Tim, can you
hear me? This is Andrew Dickman.
MR. FINN: Yes, I can hear you.
HEARING EXAMINER DICKMAN: All right, great.
Thanks for being available.
So we're talking about two different -- two -- two requests.
One's an insubstantial change, and then also a deviation. Is that
correct?
MR. FINN: Yeah, right. This all goes under the PDI. So it's
one deviation and some minor adjustments to the internal
development standards.
HEARING EXAMINER DICKMAN: Okay. Got it. Thank
you.
All right, great. Hi.
MS. EMBLIDGE: Good afternoon. I'm Margaret -- oh, sorry.
HEARING EXAMINER DICKMAN: Yeah, that's a little --
MS. EMBLIDGE: I'm a little loud, aren't I?
I'm Margaret Emblidge. I am the planning director for LJA
Engineering.
I do have my AICP, but I've had it for a very long time, so --
HEARING EXAMINER DICKMAN: So have I.
MS. EMBLIDGE: And I --
HEARING EXAMINER DICKMAN: My number's probably
lower than yours.
October 24, 2024
Page 15
MS. EMBLIDGE: Well, we might talk about that later, but --
HEARING EXAMINER DICKMAN: Yeah, okay.
MS. EMBLIDGE: Anyway, I don't know if you need any other
credentials for me to go through.
HEARING EXAMINER DICKMAN: No, that's fine. I
recognize you.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: What was your -- okay.
So what was your -- you're with the engineering --
MS. EMBLIDGE: Yes, yes. We were formerly Agnoli,
Barber & Brundage, but --
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: -- we were merged with LJA in March of
this year.
HEARING EXAMINER DICKMAN: Okay. Yeah, I think
that's fine.
Thank you.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: Nice job.
MS. EMBLIDGE: So, well, first off, I want to clarify that the
acreage for the property is actually 7.79 and not 8.72. I know that
there were some revisions at one point with a survey and such, and
I -- Tim, I apologize for not catching this previously, but you'll see on
the survey that's in the backup documents that it's 7.79.
HEARING EXAMINER DICKMAN: Okay. Yes, we'll just
get back to that. Maybe Tim or somebody could be verifying that
while you're moving forward.
MS. EMBLIDGE: Sure. I -- you know, Tim if you want to
look at the survey while we're proceeding, that would help.
Anyway, I -- I'm happy to go through a presentation --
HEARING EXAMINER DICKMAN: Yes.
October 24, 2024
Page 16
MS. EMBLIDGE: -- and --
HEARING EXAMINER DICKMAN: Just real quickly on
the -- okay. Just thinking about the acreage. Part of this is the
percentage of unusable open space. Change the acreage, does that
change the calculations and anything --
MS. EMBLIDGE: It doesn't change what we presented, what
we have in our application.
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: So this -- this -- we could still proceed with
what we have been relying on for --
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: -- the required usable open space.
HEARING EXAMINER DICKMAN: Gotcha. Okay, great.
MS. EMBLIDGE: Okay?
HEARING EXAMINER DICKMAN: Thank you.
MS. EMBLIDGE: So the request, as, you know, Tim
highlighted, is to amend the Ordinance 16-24.
You can go forward. And one more. Another. Thank you.
So I think it's important for us to discuss the request, because it
was mentioned.
This is -- there's two -- it's twofold. One is to revise the
development regulations table to accommodate a platted townhouse
subdivision. Previously there was an approval, a site development
plan approval, for this property that was specific to a
condominium-style development, which does not have internal lot
lines, does not have platted rights-of-way and so on. And I don't
have any --
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: So I can still go on.
HEARING EXAMINER DICKMAN: Just back up.
MS. EMBLIDGE: And so the -- so, again, the -- the
October 24, 2024
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amendments to that table, the development regulations table, reflects
the proposed townhouse, platted townhouse development. And with
that, staff had recommended that we eliminate the column that refers
to multifamily, which is the unplatted-type development, and so we
have done that.
We also added some additional footnotes, which I'll get into
later.
The second request, being the open space deviation, this is a
little -- I'll use a technical term. This is a little wonky.
If we could go to -- let's see -- I'll jump ahead. If we can go
to -- I think it's Slide 7. Is it 7?
Okay. This is what I'm looking for. I hope this is 7.
So this shows a comparison of the site development plan that
was previously approved by the County and the proposed plat plan,
which is actually already going through the County review at this
point. And if -- looking at it, you can see that there really isn't any
difference between them. There are no changes to the required
buffers.
We have a recorded conservation easement on the preserve area
that's on -- it would be on your right-hand side of this plan, which is
the south side of the property.
HEARING EXAMINER DICKMAN: South is on the right?
MS. EMBLIDGE: It's on the right.
HEARING EXAMINER DICKMAN: Is north up?
MS. EMBLIDGE: Not -- no. North is on the left side.
HEARING EXAMINER DICKMAN: Okay, gotcha.
MS. EMBLIDGE: Okay. Sorry about that.
HEARING EXAMINER DICKMAN: No problem.
MS. EMBLIDGE: Okay. And so the biggest change here is,
again, we are creating lot lines for the townhomes. We're creating a
specific area for the amenity center. And, again, the -- all the
October 24, 2024
Page 18
buffers, every -- anything related to potential external impact, there's
no change in those. Everything that is being changed is internal to
the property.
HEARING EXAMINER DICKMAN: I have a weird pointer
here, but I'm trying to figure out how to use it, but never mind.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: So describe for me
where the -- are all of these townhouses now?
MS. EMBLIDGE: Yes, sir.
HEARING EXAMINER DICKMAN: The whole thing?
MS. EMBLIDGE: That's correct.
HEARING EXAMINER DICKMAN: Okay. Got it. Okay.
MS. EMBLIDGE: That's the -- the number of units that was
approved, and we're not changing --
HEARING EXAMINER DICKMAN: Uh-huh.
MS. EMBLIDGE: -- is 48 units, and we'll continue to have
that, but only in -- they will be fee simple ownership versus
condominium.
HEARING EXAMINER DICKMAN: And the common area,
the activity center, or whatever you called it --
MS. EMBLIDGE: Right.
HEARING EXAMINER DICKMAN: -- where is that in --
MS. EMBLIDGE: The clubhouse is your upper left-hand
corner.
HEARING EXAMINER DICKMAN: Right, okay. Okay.
MS. EMBLIDGE: Nothing else on this?
HEARING EXAMINER DICKMAN: No, nothing else.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: I understand.
MS. EMBLIDGE: All right. And --
HEARING EXAMINER DICKMAN: It's not that wonky.
October 24, 2024
Page 19
MS. EMBLIDGE: Yes. It's a new technical term.
So we'll go to the next slide, please.
So this slide shows a -- depicts all the changes that we're
proposing in the development regulations table. And as I previously
mentioned, we created a new column for the platted townhouse
development and eliminated the first column, which is related to the
multifamily condominium-style development.
Go to the next.
HEARING EXAMINER DICKMAN: So these are going to be
fee simple ownership on each lot --
MS. EMBLIDGE: Correct.
HEARING EXAMINER DICKMAN: -- with their own
property ID number that the property appraisal will --
MS. EMBLIDGE: Yes, sir.
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: And so this next slide is actually the
continuation of the development regulation and including the
footnote. And because of the platting, there are some specific
setbacks that we had to clarify in these notes that are -- that reflect
where we have certain zero-foot setbacks to the lot line in some
cases, but they are not zero foot to the right-of-way. And also we
have the scenarios again that do not apply to the perimeter. So these
are just simply footnotes that clarify some of the setbacks that go
with that -- that platted plan.
HEARING EXAMINER DICKMAN: Okay. So these
townhouses, essentially they're going to have front yards and rear
yards, but no side yards; correct?
MS. EMBLIDGE: Well, they'll have -- they will -- some have
shared side yards, but they're connected. And then there are some,
not all of them, that will have a zero or -- I'm sorry -- a 6-foot side
setback.
October 24, 2024
Page 20
HEARING EXAMINER DICKMAN: Depending where they
are, if --
MS. EMBLIDGE: Yeah.
HEARING EXAMINER DICKMAN: -- they're on the corner
or something like that?
MS. EMBLIDGE: Correct.
HEARING EXAMINER DICKMAN: Gotcha.
All right.
MS. EMBLIDGE: Okay?
HEARING EXAMINER DICKMAN: Yeah, I'm with you.
MS. EMBLIDGE: And so we can go to the next slide.
So, again, getting back to the deviation for the open space.
HEARING EXAMINER DICKMAN: Uh-huh.
MS. EMBLIDGE: We asked for this deviation simply because
the definition of usable open space eliminates -- or does not allow us
to include street right-of-ways.
HEARING EXAMINER DICKMAN: Uh-huh.
MS. EMBLIDGE: And the various other elements that are
highlighted in bold at the bottom of the screen, those areas can be
part of usable open space in certain situations. And it was -- they
were part of the site development plan, open space, which all told,
they -- the open space per the site development plan was 4
acres -- 4.67 acres. Because we can include those areas, we needed
to ask for a deviation. However, we are still committing to
providing 4.67 acres of open space even though it's not -- it doesn't
meet the definition.
I know that that's another wonky --
HEARING EXAMINER DICKMAN: It's okay. I'm with you.
So explain to me how you think -- so you -- so there's no
argument that streets, right-of-ways, are really not open space; right?
Like, how would you think that that can be open space?
October 24, 2024
Page 21
MS. EMBLIDGE: I'm not saying that the right-of-ways are.
HEARING EXAMINER DICKMAN: Yeah.
MS. EMBLIDGE: I'm saying that the elements within the
right-of-ways, they include sidewalks and --
HEARING EXAMINER DICKMAN: Swales, sidewalks --
MS. EMBLIDGE: -- some landscape areas. Those are the two
elements that we're wanting to be -- well, is why we had to have the
deviation, because they're technically within the platted right-of-way.
HEARING EXAMINER DICKMAN: I see what you're
saying. I guess it could go to impervious surface ratios and stuff like
that, you know, because not the whole thing's -- not the whole
right-of-way is paved.
MS. EMBLIDGE: Correct.
HEARING EXAMINER DICKMAN: Yeah.
MS. EMBLIDGE: And also, sidewalks are considered usable
open space.
HEARING EXAMINER DICKMAN: Walking is important.
MS. EMBLIDGE: Yes.
HEARING EXAMINER DICKMAN: Gotcha.
MS. EMBLIDGE: Okay?
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: So we'll go to -- actually, I think that I have
gone through those requests at this point, so we'll go to --
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: -- let's see. Go three slides up. It's one
more.
So, in conclusion, it's our -- the applicant's position, and staff is
supporting this, is that this request does comply with the Land
Development Code regarding insubstantial changes.
As stated, we're not increasing units. There's no additional
impact. All the changes are internal to the development. And the
October 24, 2024
Page 22
deviation is just addressing a conflict between certain regulations
within the Land Development Code.
HEARING EXAMINER DICKMAN: Okay. I understand.
So changing from 60 to 40, but the actual overall acreage is not
changing.
MS. EMBLIDGE: That's correct, sir.
HEARING EXAMINER DICKMAN: All right. I guess I
want to hear back -- are you finished --
MS. EMBLIDGE: Yes, sir.
HEARING EXAMINER DICKMAN: -- for now?
Okay. You don't have to "sir" me.
MS. EMBLIDGE: Uh-huh.
HEARING EXAMINER DICKMAN: Tim, are you there?
Can you hear me?
Did you have a chance to look at the survey? I mean, does that
change anything for you, the 7.79 acres?
MR. FINN: Yeah. Andrew, can you hear me?
HEARING EXAMINER DICKMAN: I can, yes.
MR. FINN: Yes, yes, yes. I did verify their latest survey. It's
7.79 acres.
HEARING EXAMINER DICKMAN: Okay. Thank you.
And it doesn't affect anything that -- as far as the analysis, your
conclusions, or anything like that?
MR. FINN: This will not, no.
HEARING EXAMINER DICKMAN: Okay, great.
MR. FINN: It's the same.
HEARING EXAMINER DICKMAN: Okay. For the record,
that's Tim Finn, county planner extraordinaire, coming in remote.
Something else?
MS. EMBLIDGE: No. Just another clarification on the -- why
the 8.72 was originally part of the -- when the project was first
October 24, 2024
Page 23
approved, because it included some right of -- parts of right-of-way
of the Santa Barbara that was actually, I guess, contribute -- donated
to the County.
HEARING EXAMINER DICKMAN: That's one way to put it.
MS. EMBLIDGE: Anyway, so --
HEARING EXAMINER DICKMAN: Yeah.
MS. EMBLIDGE: -- that's where the difference is.
HEARING EXAMINER DICKMAN: So you lost some Santa
Barbara right-of-way, I gotcha.
MS. EMBLIDGE: And it's fine.
HEARING EXAMINER DICKMAN: Either through domain
or through whatever.
MS. EMBLIDGE: Yeah, it was worked out.
HEARING EXAMINER DICKMAN: Got to have that. Got
to have it.
All right. Let's go to the public; right? See what we have.
MS. PADRON: We have no speakers.
HEARING EXAMINER DICKMAN: No speakers here. Do
you want to rebut that? That's a trick question.
MS. EMBLIDGE: I'm happy to close out and --
HEARING EXAMINER DICKMAN: Okay.
MS. EMBLIDGE: Unless you have any more questions.
HEARING EXAMINER DICKMAN: I don't.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: I think I understand
everything, but go ahead and do your closing.
MS. EMBLIDGE: Okay. Well, my closing is is that we
would respectfully request that our amendment be -- amendments be
approved. And we look forward to your decision --
HEARING EXAMINER DICKMAN: All right.
MS. EMBLIDGE: -- in a timely manner.
October 24, 2024
Page 24
HEARING EXAMINER DICKMAN: Timely. They're
always timely, I guarantee that. Sometimes they're -- they're never
late.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: Sometimes they're
timelier than others. We'll see.
MS. EMBLIDGE: Yes, yes. And I always refer to folks as
"sir" and "ma'am."
HEARING EXAMINER DICKMAN: I understand.
MS. EMBLIDGE: That's just the way --
HEARING EXAMINER DICKMAN: That's okay. I
appreciate that.
MS. EMBLIDGE: Okay.
HEARING EXAMINER DICKMAN: I just -- I'm approaching
my 60th birthday and it's starting to hit me hard, so --
MS. EMBLIDGE: I'm sorry.
HEARING EXAMINER DICKMAN: -- anything that refers to
that makes me feel bad.
MS. EMBLIDGE: How about "young man"?
HEARING EXAMINER DICKMAN: Yeah.
Thank you. Very nice presentation.
MS. EMBLIDGE: Thank you.
HEARING EXAMINER DICKMAN: And, you know, good
job.
Anything else from anybody before we go on? I think I have
everything I need for that application. That was pretty
straightforward.
Thanks. Thank you, Tim, for being here virtually. He's long
gone now.
You guys want to move on to C?
Maria again. I knew she was here for a reason.
October 24, 2024
Page 25
MS. ESTRADA: Good afternoon, Mr. Dickman.
For the record, Maria Estrada, Planner II in the zoning division.
Before you is Agenda Item 3-C. It's for a sign variance project,
Number PL20240005230. This is a request for you to approve a
sign variance from the Land Development Code, Section
5.06.04.F.4.a, which requires on-premises wall signs to have a
maximum allowable display area for wall signs that shall not be more
than 20 percent of the total square footage of the visual facade,
including windows of the building or unit to which the sign will be
attached, and shall not in any case exceed 150 square feet for the
subject unit, up to 24,999 square feet in area, to instead allow one
sign that will be a total of 238.7 square feet for the 21,009 square feet
subject commercial unit at 3725 Tamiami Trail East, Naples, Florida
34112, located approximately 700 feet southeast of the intersection of
Tamiami Trail East and Palm Drive in Section 13, Township 50
South, Range 25 East, Collier County.
The petition was reviewed by staff. Based upon the review
criteria contained within LDC Section 5.06.085.1, A through F, staff
believes this petition is consistent with the review criteria in the LDC
as well as with GMP.
With respect to the public notice requirements, they were
complied with as per the Section LDC 10.03.06.F. This property
owner notification letter and newspaper ad were taken care of by the
County on September 20th, 2024. And the public hearing signs were
placed by the applicant. And due to the hurricanes, it was edited and
placed on October 16th, 2024, to comply.
We have received no public comments pertaining to this
petition, and staff recommends that you approve this petition as
described in accordance with the attachment to the staff report.
There is one condition in association with the recommendation
to approve. This approval would be strictly to the fitness -- Planet
October 24, 2024
Page 26
Fitness sign, and any new change of business will -- would have to
comply with another sign variance itself.
HEARING EXAMINER DICKMAN: Okay.
MS. ESTRADA: And that concludes the staff presentation.
HEARING EXAMINER DICKMAN: Okay. Just wanted to
see the language on that. Thank you very much.
MS. ESTRADA: You're welcome.
HEARING EXAMINER DICKMAN: Is the applicant here?
Come on up, sir.
Good afternoon. You can use this one over here, yeah.
MR. GREAVES: Good afternoon. How are you guys this
afternoon?
HEARING EXAMINER DICKMAN: Well.
MR. GREAVES: Well.
This sign that --
HEARING EXAMINER DICKMAN: Name and --
MR. GREAVES: Excuse me. I'm sorry.
My name is Keishaun Greaves. I'm a native of Tampa, Florida,
so I was directly affected by the hurricane, so I was very grateful that
you guys gave us the two weeks.
HEARING EXAMINER DICKMAN: Okay.
MR. GREAVES: And I work at Southeastern Lighting
Solutions.
HEARING EXAMINER DICKMAN: Okay. Any
presentation you want to make, or --
MR. GREAVES: No. She --
HEARING EXAMINER DICKMAN: Okay.
MR. GREAVES: -- pretty much said everything I was going to
say.
HEARING EXAMINER DICKMAN: Then my
recommendation is to say you would like to adopt the staff
October 24, 2024
Page 27
recommendation --
MR. GREAVES: Yes.
HEARING EXAMINER DICKMAN: -- and the staff report.
MR. GREAVES: (Nodding head.)
HEARING EXAMINER DICKMAN: All right. There you
go.
MR. GREAVES: Thank you.
HEARING EXAMINER DICKMAN: All right. Let's go to
public comment.
MS. PADRON: We have no speakers again.
HEARING EXAMINER DICKMAN: All right. All right.
No speakers again.
The applicant is here. He has listened to the County staff's
professional staff report presentation, which is in the record. He's
adopting it, along with the condition that they -- that they have put in
there, that this is only applicable to the Planet Fitness sign. So any
change in business or need that requires a change in the sign would
have to come back -- or come into compliance in the LDC or come
back for an amendment or something like that. Correct? So that's
all been adopted.
Anything else from the County that we need clarification on?
MR. BOSI: Nothing further from the County. Mike Bosi.
HEARING EXAMINER DICKMAN: Okay. These are going
very smoothly.
I understand this one. I will get an order out as expeditiously as
possible. Thank you for being here, sir.
MR. GREAVES: Thank you.
(Comment by reporter.)
HEARING EXAMINER DICKMAN: Yeah. If you could
give her your name and the spelling so we can get it in the record.
MR. GREAVES: My name is spelled K-E-I-S-H-A-U-N.
October 24, 2024
Page 28
Last name Greaves, G-R-E-A-V-E-S.
HEARING EXAMINER DICKMAN: And you are with
Southeastern Lighting Solutions; right?
MR. GREAVES: Yes, sir.
HEARING EXAMINER DICKMAN: And you're from
Tampa?
MR. GREAVES: Yes, sir.
HEARING EXAMINER DICKMAN: What high school did
you go to?
MR. GREAVES: Lennard High School out there in Ruskin.
HEARING EXAMINER DICKMAN: Oh. I'm East Bay High
School.
MR. GREAVES: Oh, right off of Big Bend Road. Okay.
HEARING EXAMINER DICKMAN: I grew up 11 miles
south of Ruskin, out in the woods.
MR. GREAVES: Out there in the woods, going towards
Parrish.
HEARING EXAMINER DICKMAN: Yes, sir.
MR. GREAVES: Yes, sir. It's a pleasure to meet you.
HEARING EXAMINER DICKMAN: Ruskin is a different
place now.
MR. GREAVES: It's not the same, yeah, not the same.
HEARING EXAMINER DICKMAN: It's good to see you.
MR. GREAVES: Likewise.
HEARING EXAMINER DICKMAN: All right. Last, but not
least, 3-D. Leave the lawyers for last, as usual.
Hey, John.
MR. KELLY: Good morning, Mr. Dickman.
For the record, John Kelly, Planner III. And I was born in
St. Pete.
HEARING EXAMINER DICKMAN: So a different high
October 24, 2024
Page 29
school?
MR. KELLY: Sorry. That was in Virginia, so.
Before you is Agenda Item 3-D, as in David. This is
VA-PL20240006022. It's a request to have you consider a variance
from Collier County Land Development Code Section 4.02.01.A,
Table 2.1, to allow a reduction in the front yard setback from 20 feet
to 22.8 feet -- I'm sorry, that was from 30 feet to 22.8 feet, for the
proposed construction of a new residential structure to replace the
existing residential structure located on a 0.3-acre property at 230
Seabreeze Avenue in Section 29, Township 48 South, Range 25 East,
of unincorporated Collier County, Florida.
The location is within a residential single-family 3 zoning
district.
Public notice requirements were as per LDC
Section 10.03.06.F.2. The agent letter was sent by the applicant on
or about September 27, 2024, as per a notarized affidavit. The
property owner notification letter and newspaper ad were satisfied by
the County on October 4, 2024. And posting of the public hearing
sign was by myself; however, it was slightly delayed due to it being a
snipe sign and Hurricane Milton. So the sign was placed on October
11, 2024.
This petition was reviewed by staff based on the review criteria
contained within LDC Section 9.04.03 and is consistent with the
Growth Management Plan and the Land Development Code.
Staff notes that the subject lot is of a triangular shape and that
the subject variance is being pursued to address the reduced building
envelope.
As per public comment, no telephone calls have been received
in response to advertising for the subject property; however, five
letters of support were received and are contained within Attachment
D of the staff report.
October 24, 2024
Page 30
It's staff's recommendation that the Collier County Hearing
Examiner approve petition PL2024000 -- sorry -- 20240006022, as
previously described, to allow for the construction or redevelopment
of the single-family dwelling unit and accessory structures as
depicted within Attachment A of the staff report.
That concludes staff's presentation.
HEARING EXAMINER DICKMAN: Thank you, John.
Appreciate that. Thank you.
Mr. Brooker, how are you today?
MR. BROOKER: Doing well. You?
HEARING EXAMINER DICKMAN: Sorry to keep you. I
don't know why they do that. They always make the lawyers go last.
Billable time, I guess.
MR. BROOKER: It's the staff. Hard on us lawyers.
For the record, Clay Brooker, C-L-A-Y, B-R-O-O-K-E-R.
Before I launch into this item, an informational item you may be
interested in, Mr. Dickman. I'll test your memory. Two years ago,
roughly, you granted an insubstantial change to the Mediterra PUD
for an access point --
HEARING EXAMINER DICKMAN: I remember that.
MR. BROOKER: -- on Veterans Memorial Boulevard.
HEARING EXAMINER DICKMAN: Yes.
MR. BROOKER: That was appealed via petition for writ.
And Judge Foster just recently, within about a month or two, upheld
your decision.
HEARING EXAMINER DICKMAN: The wheels of justice
move swiftly.
I do remember that one. That was contested. It was an
interesting case.
MR. BROOKER: Yeah.
HEARING EXAMINER DICKMAN: The judges, they --
October 24, 2024
Page 31
MR. BROOKER: Very impressive.
HEARING EXAMINER DICKMAN: -- do what they do.
Hopefully, my record was clean.
MR. BROOKER: It was very clean and very helpful.
HEARING EXAMINER DICKMAN: Okay. Before you get
started, I have a question for you about this.
This is the oddest looking -- I mean, it's not the oddest piece of
property I have ever seen, but, you know, there are some -- I'm kind
of curious about that little embayment at the end of the -- the
right-of-way. Like, how do you determine ownership of that, and
whose is that? Don't know?
MR. BROOKER: I don't know. And --
HEARING EXAMINER DICKMAN: And is that --
MR. BROOKER: -- I notice it has a little flag or some little
piece there.
HEARING EXAMINER DICKMAN: Yeah.
MR. BROOKER: Yeah.
HEARING EXAMINER DICKMAN: Somebody built it,
obviously, back in the day. And it looks like it's split between your
property and another property. So it's -- it's a little bit of a -- another
little oddity. But it has no bearing on this application today, but I'm
always fascinated with these interesting-looking lots.
MR. BROOKER: And there is some history to this one, as I'll
get --
HEARING EXAMINER DICKMAN: All right. Let's go.
MR. BROOKER: -- into in a minute.
HEARING EXAMINER DICKMAN: Let's go.
MR. BROOKER: As I mentioned, my name is Clay Brooker
with the law firm of Cheffy Passidomo, 821 Fifth Avenue South in
Downtown Naples.
We represent the owner of the property located at 230 Seabreeze
October 24, 2024
Page 32
Avenue for this front yard setback variance request.
Shown here is an aerial of the subject property in its current
condition at the dead-end of Seabreeze Avenue.
The applicant desires to demolish this existing home and build a
new home on the property.
The home shown here was originally built in 1958, before the
current 30-foot front yard setback existed.
HEARING EXAMINER DICKMAN: Wait one second.
Hang on. I messed that up. Here, you got to take this away from
me.
Sorry. They gave me a very complicated pointer.
MR. BOSI: It didn't work. Yeah, it doesn't work.
HEARING EXAMINER DICKMAN: Sorry. My bad.
MR. BROOKER: No worries.
HEARING EXAMINER DICKMAN: They shouldn't give me
technology like that.
MR. BROOKER: It's like the fight over the remote control in
your home.
MS. PADRON: There you go.
HEARING EXAMINER DICKMAN: I didn't know that's --
MS. PADRON: That may not --
HEARING EXAMINER DICKMAN: Just taking a little break.
MR. BROOKER: I don't care if it's on; there's no one in the
audience.
MR. BOSI: Okay.
MR. BROOKER: Yep.
HEARING EXAMINER DICKMAN: Yeah, there you go.
We can see it up there.
For the record, the hearing examiner did this. I take full
responsibility for it.
There we go. Almost. All right.
October 24, 2024
Page 33
MR. BROOKER: Okay. Are we back up?
MS. PADRON: Yes.
MR. BROOKER: All right.
HEARING EXAMINER DICKMAN: Good. Here we go.
MR. BROOKER: All right. The home shown here was
originally built in 1958, before the current 30-foot front yard setback
existed. Ultimately the County adopted the 30-foot front yard
setback, rendering portions of the existing house legally
nonconforming, because they encroached into the newly imposed
front yard setback.
Next slide, please.
Shown here is an illustration of the new home, which diagrams
in blue the proposed encroachments into the front yard setback area.
This is Exhibit A to the "nature of petition" element of the
application.
At the north is the largest proposed encroachment, 7 feet 2.5
inches. Then as you move south, the encroachment reduces to 6 feet
8 and a half inches, then to 4 feet 9 and a half inches, and 3 feet 6
inches. Finally at the southeastern corner of the new home, the
encroachment is back to 6 feet 5 and a half inches. So, again, the
largest encroachment is at the north corner, of 7 feet 2 and a half
inches.
Next slide, please.
Interestingly, back in 1986, the County granted a front yard
setback variance to the predecessor owner of this property.
That owner sought approval of three additions to the home, but
the additions expanded or increased the amount of legally
nonconforming encroachments that already existed, so the County
required the predecessor owner to seek a variance, which the Board
of County Commissioners unanimously approved.
Shown here is a comparison of the existing variance approved in
October 24, 2024
Page 34
1986 on the left and the proposed variance requested today on the
right.
You will note that the variance requested today reduces the
amount of the encroachments into the front yard setback, both in
terms of the extent of the linear encroachment into the setback area,
which, as existing, encroaches 12 feet, and the overall area of
encroachment. The table in the upper right-hand corner explains that
the variance requested today reduces the overall area of
encroachment by 68 square feet.
Next slide, please.
Shown here is a snip from the minutes of the Board of County
Commissioners meeting which approved the existing variance back
in 1986. You'll note that the approval was unanimous,
demonstrating that each of the commissioners concluded back then
that the criteria for granting the variance were met. Again, the
request before you today reduces the amount of encroachment
approved back in 1986.
Each of the criteria for the variance request is addressed in our
application. I'll refrain going through each of them one by one. But
the overarching special or unique circumstances that, in my opinion,
justifies this variance is not one that was created by the applicant.
Rather, it arose from the old 1952 Conners Vanderbilt Beach Estates
plat. That plat created the odd triangular shape of this lot, with an
unusually long, curved front yard along Seabreeze Avenue.
Then later, the County adopted a 30-foot front yard setback for
the RSF-3 zoning district, which is this property's zoning district. So
a 30-foot swath of land along the long front yard of this odd-shaped
lot became unbuildable. As a result, the buildable area of this lot is
disproportionally burdened as compared to other lots up and down
Seabreeze Avenue.
Notably, the County staff, planning staff, agrees. In the staff
October 24, 2024
Page 35
report, staff opines that the variance criteria are met and staff
supports the application.
Next slide, please.
Finally, the application package contains several letters of
support from neighbors. I am not aware of any neighbor objecting to
this application.
I should also note that the neighbor immediately next door to the
west, at 196 Seabreeze Avenue, called me on October 7th to inform
me that he had no objection. I don't think he wrote a letter of
support, but for the record I wanted to note his verbal support here.
That concludes my presentation. Thank you for your attention.
And I'm happy to answer any questions you may have.
HEARING EXAMINER DICKMAN: That was -- that was one
question I had, was going to have, is it seems like when that house,
the 196 address -- you answered that. Because everything else
around it has submitted a letter of support or nonobjection. I'm not
sure what they're called. But, either way, that's always important to
have.
Question regarding the prior variances that were granted: In
your opinion, what will be the -- if I were to approve this, what would
be the -- would those be no more -- they'd be void -- voided by this?
MR. BROOKER: That's a good question. I would think that
any variance granted today would supersede, override, and essentially
void out the 1986 variance.
HEARING EXAMINER DICKMAN: Typically they all run
within the land, but --
MR. BROOKER: Yeah.
HEARING EXAMINER DICKMAN: -- they were predicated
on the structure that was being presented at that time, but now you're
presenting a different structure; correct?
MR. BROOKER: Correct.
October 24, 2024
Page 36
HEARING EXAMINER DICKMAN: So you wouldn't have a
problem with me establishing that as a -- a finding of fact or a
conclusion of law or something to --
MR. BROOKER: No.
HEARING EXAMINER DICKMAN: -- that effect? You're --
MR. BROOKER: Not at all.
HEARING EXAMINER DICKMAN: -- just interested in the
variances that you're asking for.
MR. BROOKER: Right.
HEARING EXAMINER DICKMAN: Right.
MR. BROOKER: And I would -- I would expect, frankly, that
if --
HEARING EXAMINER DICKMAN: Yeah.
MR. BROOKER: -- if there is an approval, that that diagram,
that initial diagram I showed you, would be an exhibit to the
approval, so it approves just that --
HEARING EXAMINER DICKMAN: Right.
MR. BROOKER: -- dimensional encroachment.
HEARING EXAMINER DICKMAN: Right, right, right.
Okay. Yeah, I just don't want any confusion down the road
where someone sees these in the record, land records or something,
and say we've got all these variances that have been approved, and
blah, blah, blah, whatever.
But very straightforward. These are -- this is sort of your, you
know, kind of typical reason why you would want variances, because
you have an odd-shaped lot. And this happens from time to time.
So I understand everything that's going on.
Why don't we see if there are any public speakers for this item.
Open to public comment.
MS. PADRON: We have no speakers.
HEARING EXAMINER DICKMAN: Okay. All right. I
October 24, 2024
Page 37
don't guess you want to --
MR. BROOKER: I can rebut that? Yeah, I --
HEARING EXAMINER DICKMAN: Yeah, right. Doing
really well.
Okay. So anything else from the County? Anything left?
MR. KELLY: No, sir.
HEARING EXAMINER DICKMAN: All right, John. Nice
job.
Nice job, sir. Sorry to keep you waiting. It's --
MR. BROOKER: No worries.
HEARING EXAMINER DICKMAN: Hopefully it wasn't too
torturous.
MR. BROOKER: Not at all.
HEARING EXAMINER DICKMAN: And I'll get that order
out as expeditiously as possible.
MR. BROOKER: Thank you, sir.
HEARING EXAMINER DICKMAN: Have a great day.
Congratulations on your win up in court.
MR. BROOKER: Thank you.
HEARING EXAMINER DICKMAN: Yeah.
MR. BROOKER: It's a long-winded --
HEARING EXAMINER DICKMAN: It's a long process. I
get it.
MR. BROOKER: Yeah.
HEARING EXAMINER DICKMAN: I have been there. I
understand.
What else do we got? Anything else? All done?
MR. BOSI: Nothing else from the County, other than you have
a busy agenda on the 14th of --
HEARING EXAMINER DICKMAN: How many items do we
have then?
October 24, 2024
Page 38
MR. BOSI: I believe there's eight, but there are two
companion -- there's -- there's four that will be together.
HEARING EXAMINER DICKMAN: Four.
MR. BOSI: Well, there's two and two, so --
HEARING EXAMINER DICKMAN: Okay.
MR. BOSI: -- there's two companions.
HEARING EXAMINER DICKMAN: We can do that.
MR. BOSI: Yeah.
HEARING EXAMINER DICKMAN: All right. And maybe I
will have a less complicated pointer by then?
MS. PADRON: Yes.
MR. BOSI: Yes.
HEARING EXAMINER DICKMAN: I might have to buy my
own and --
MR. BOSI: No, no, no.
HEARING EXAMINER DICKMAN: -- charge it to the
County?
MR. BOSI: Staff will reach out.
HEARING EXAMINER DICKMAN: Don't give me buttons.
MS. PADRON: Absolutely.
HEARING EXAMINER DICKMAN: All right. You all have
been great.
Thank you, everyone at the County, for setting all this up. This
is always a lot of work for this, but I'm sure the public appreciates the
ability to have a hearing examiner -- not to have to go to some of the
other venues.
Anyway, have a great day. We're adjourned.
*******
There being no further business for the good of the County,
October 24, 2024
Page 39
the meeting was adjourned by order of the Hearing Examiner at 2:12
p.m.
COLLIER COUNTY HEARING EXAMINER
_______________________________
ANDREW DICKMAN, HEARING EXAMINER
These minutes approved by the Hearing Examiner on ____________,
as presented ______________ or as corrected _____________.
TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS
COURT REPORTING BY MARIANNE E. SAYERS, COURT
REPORTER AND NOTARY PUBLIC.