HEX FInal Decision #2025-05HEX NO. 2025-05
HEARING EXAMINER DECISION
DATE OF HEARING.
February 279 2025
PETITION.
Petition No. VA-PL20230015856 — Feaser Screen &Pool - 8967 Lely Island Cir. -Owners'
Agent Sarah Knaak, of Knaak Design Group, on behalf of owners Debra and Michael Feaser,
requests a variance from Ord. No. 9245, Section 3.07, Table II A, Side Yard Setbacks for a
single-family detached dwelling unit on the north side from 10 feet to 4.7 feet, and on the
south side from 10 feet to 9.85 feet, and from the Rear Yard Setback Accessory, from 10 feet
to 9.65 feet for the screen enclosure on a 0.24 +/- acre property in the Lely Island Estates
subdivision, also described as 8967 Lely Island CIT., in Section 34, Township 50 South, Range
26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
To have the Collier County Hearing Examiner (HEX) consider an application for tluee after -the -
fact variance from Ord. No. 92-15, Section 3.07, Table II A, Side Yard Setbacks for a single-
family detached dwelling unit on the north side from 10 feet to 4.7 feet, and on the south side
from 10 feet to 9.85 feet, and the rear yard setback accessory, from 10 feet to 9.65 feet for the
screen enclosure.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County Code 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 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 public hearing was conducted in the following mariner: the County Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative, public comment and then
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rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing. There were two letters of no objection from the neighboring property owners.
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.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 fr°om the public hearing reflects that yes, the irregular
pie shape of the lot did not result in any action from the applicant.
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 this variance request?
The recor°d evidence and testimony from the public hear°ing reflects that no, this variance
r°equest does not address special conditions and circumstances that do not reszdt from the
applicant's action, such as pre-existing conditions relative to the property.
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 yes, it is possible
that the existing pool screen enclosure would have to be demolished and reconstructed out
of the 10 foot side and rear yard setbacks if a literal interpretation of the zoning code here
applied.
4. Will the Variance, if granted, be the minimum Variance that will make possible the
I easonable use of the land, building or structure and which promote standards of
health, safety, and welfare?
The record evidence and testimony f °om the public hearing reflects that yes, the Variance
proposed �voirld be the minimum Variance to allow reasonable use of the existing pool
screen enclosure. The pool screen enclosure has existed within the required 10 foot side
and rear yard setbacks for two years without complaint or issue. Approval of the Variance
would not negatively impact standards of health, safely, and welfare.
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.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that yes, a Variance
bestows some dimensional relief from the zoning regulations specific to a site. However,
LDC Section 9.04.02 provides relief through the Variance process for any dimensional
development standard, such as the requested reduced side and rear yard setbacks. As such,
other properties facing similar hardships would be entitled to make similar requests and
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 recor°d evidence and testimony fi°om the public hear°ing reflects that yes, as previoZrsly
stated, the existing pool screen enclosure has been encroaching for the past hvo years. The
neighbors have not complained about the enclosure. As such, the granting of the variance
will be in harmony with the general intent and purpose of the Land Development Code and
will not harm public safety, health, and welfare.
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 fi°om the public Bearing r•ejlects that there are no
natural conditions or physically induced conditions, such as natural preserves, lakes, golf
courses, etc. that ameliorate the goals and objectives of the regulation.
8. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
The record evidence and testimony fi°ona the public hearing reflects that approval of this
variance will not affect or change the requirements of the Gr olVth Management an
(GMP).
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
The subject property is in the Urban Residential Subdistrict on the County's Future Land Use Map
(FLUM) of the Growth Management Plan GMP's Future Land Use Element (FLUE). The GMP
does not address individual variance requests but deals with the larger issue of the actual use. As
noted, the petitioner requests reductions from the required 1046ot side and rear setbacks for an
existing encroaching screen enclosure. The subject use is consistent with the FLUM of the GMP.
The requested Variance does not impact this property's consistency with the County's GMP.
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
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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-PL20230015856, filed by Sarah
Knaak of Knaak Design Group, representing Debra and Michael Feaser, with respect to the
property legally described as located on a 0.24 +/- acre property at 8967 Lely Island Cir., in Section
34, Township 50 South, Range 26 East, Collier County, Florida, for the following:
• A Variance request from Ord. No. 92-15, Section 3.07, Table II A, Side Yard Setbacks for
a single-family detached dwelling unit on the north side from 10 feet to 4.7 feet, and on the
south side from 10 feet to 9.85 feet, and the rear yard setback accessory, from 10 feet to
9.65 feet for the screen enclosure.
Said changes are frilly described in the Zoning Map attached as Exhibit "A" and the Boundary
Survey attached as Exhibit "B", and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B — Boundary Survey
LEGAL DESCRIPTION.
The subject property is located on a 0.24 +/- acre property at 8967 Lely Island Cir., in Section 34,
Township 50 South, Range 26 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 fiom 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.
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.
Page 4 of 5
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.
February 28, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
«A»
Location Map
Petition Number: PL20230015856
Zoning Map
VA-PL20230015856 (Feaser Screen &Pool)
Revised: January 28, 2025
Page 2 of 6
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NOTE: -ELEVATIONS SHOWN ARE N.A.V.D.88
-BENCHMARK USED = N0. X-718 ELEVATION =6.7J' N.A.V.D.88
-SETBACK INFORMATION SHOWN WAS PROVIDED BY CLIENT.
THIS FIRM DOES NOT WARRANT ITS ACCURACY
SETTiACK REQUIREMENTS
NORTH SIDEYARD- SETBACK REQUIRED IS 10'. VARIANCE PROPOSED IS 4.70'
SOUTH SIDEYARD- SETBACK REQUIRED IS 10'. VARIANCE PROPOSED IS 9.85'
REAR YARD ACCESSORY- SETBACK REQUIRED IS 10'. VARIANCE PROPOSED IS 9.65'
Accepted By:
Property Address:
8967 Lely Island Circle
Naples, FLORIDA 34113
7VgyEyOE[] SEgTmULTgM 11�RE6V CERTIFY THAT THIS 60UNOAFD SURVEY IS A T0.LE AtiD CORRECT REFRESEIRATIO'!
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Mlguol Espinoaa Date:2024.10,03 "�'�
STATE OF FLORIDA '12:17:43 -04'00 P.S.rL No. 6101
NOT VALD N'ITHOVT kJ AVMEtRiG ELECT0.0fiIC EIOIIATUFE A`iDAUTHENTICATED ELEOT0.CN'�C SEAL A!ID! OR THIS VAP I]
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Property Address:
General Notes:
1.) The Legal Desafption used to pedorm this survey eras supplied by others. This survey does not determine or is not to impFy o';mership
8967 Lely Island Circle
2.) This survey only shoes above ground improvements. Underground utilities, footings, or encroachments are not located on this sun'ey map
3.) The minimum relatn•e dstanw acarary for this type of Survey is 1 fool in 10 000 feet. The accuracy obtained tr/measurement and calwlation
Naples, FLORI DA 34113
of dosed geomaMc figures eras found to exceed this requirement Well -Identified feaNres as depicted on the Survey flap were measure to an
estimated horizontal positional ecarrary of 1110 foal
4.) If there is a septic tank, well, or drain field on Ihis survey, the location of surh items eras shovm to us try others and the infomiatlon eras not
Flood Information:
Yedfiad
5.) Examinafion of the abstract of tNe volt have to be made to determine recorded inswments, if any, affect Ihis
property. The lands shovm herein vrere not abstracted for easement Or other recorded
Community Number• COLLIER
•
enambrances not sho•;n on the plat
COUNTY/ 120067
6.) WaNfence ties shm•,n are from the inside face of the craMence to the property Gne.
7.) Fence ormershlp is not detertrrined.
Panel Number: 12021 C0604
0.) Bearings referencedto line notedBRalso are assumEd.
9.) Dimensions shann are platted and measurad unless othervdse shovm.
UffIX• 11
•
10.) No identification found an property comers unless noted.
Date of Firm Index: 05/16/2012
11.) Not valid unless sealed vnth the signing surveyors embossed seal.
12.) Boundary survey means a droving and/or graphic repres�falion of the survey vrork pedormed in the field,
Flood Zone: AE
could be dra';m atashD':.n scale and/or not to scale.
13.) ElevaOons if sho':�n are based upon NGVD 1929 unless othenrise rroted.
•
Base Flood Elevation• 7.0'
14.) This isa BOUNDARY SURVEY unless othervise noted.
Date of Field Work: 06/23/2023
15.) This survcy is exclusive far the use of the padies to vrhom it is certified. The ceNficatlons do not extend
to any unnamed padies.
Date of Completion: 06/27/2023
1s.1 This survey may be used for constructionlpermitting purposes
Legal Description:
Lot 110, of LELY ISLAND ESTATES,
according to the plat thereof, as recorded in Plat Book 17, Page 26, of the public records of
Collier County, FLORIDA
Printing Instructions:
Certified To:
While viewing the survey in any PDF
Reader, select the File
Michael Feaser and Debra Feaser
Drop -down and select "Print". Select a color printer, if available;
Self
or at least one with 8.5" x 14" (legal) paper.
its successors and/or assigns as their interest may appear.
Select ALL for Print Range, and the #
of copies you would like to
print out.
Under the "Page Scaling" please make sure you have selected
"None".
"Auto
Please co below for olic re oration ur oses onl
py p y p p p p y'
Do not check the -rotate and Center"
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Check the "Choose Paper size by PDF"
checkbox, then click OK
This policy does not insure against loss ordamage byreason olthe foltov.�ng
exceptions: Any rights, easements, interests, or claims {vhich may exist by reason
t0 pflnt.
of orretlected by, the fotlotving facts shown on the survey prepared by
Miguel Espinosa Land Surveying LLC, dated 06/27
,forA4E.
2 23 bearing Job # 8-121306
a. PAVER DRiVEWAYENCUMBERSIO'UTILITYEASEAfENTAND
EXTENDS BEYOND EAST PROPERTY LINE.
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M.E. Land Surveying, LLC
NLE LAND
P.O. Box 970685 Miami, FL 33197 ME LAND
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Phone: (305) 740-3319 —
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Fax: (305) 669-3190 i
LB#: 7989
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