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HEX Agenda 04/10/2025COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 April 10, 2025 2:00 PM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.PadrongCollierCou�FL.gov 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. 1. Pledge of Allegiance 2. Review of Agenda 3. Advertised Public Hearing 3.A. PETITION NO. PL20240010021 VA —1200 Michigan Ave - Request for a variance from Land Development Code Section 4.02.0l.A and Section 9.03.03.A.5 to decrease the required RMF-6 zoned front yard setback for a legal nonconforming corner lot from the required 12.5 feet to 3.5 feet on the west front property line for the development of the new principal residential structure inclusive of attached exterior stairwells and the porch, pool, and pool screen enclosure accessories on approximately 0.15 acres located at 1200 Michigan Ave, also known as Lot 1, Block F of the Bad Axe subdivision in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. (2025-s92) Page 1 of 232 3.B. PETITION NO. PL20240011048 CCSV - Beachmoor Condominium 9051 Gulf Shore Drive - To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for 95 feet for fences along the northern and southern property boundaries; 70 feet for a paver walkway; and 61 feet from the Coastal Construction Setback Line to allow for additional pavers in an existing paved area. The subject property is located on property at 9051 Gulf Shore Drive and further described as the Beachmoor Condominium recorded in condo book 16 page 18 City of Naples, Collier County, Florida, in Section 32, Township 48 South, Range 25 East. [Craig Brown, Environmental Services Manager] Commissioner District 2 (2025-1063) 4. New Business S. Old Business 6. Public Comments 7. Adjourn Page 2 of 232 4/10/2025 Item # 3.A ID# 2025-892 PETITION NO. PL20240010021 VA —1200 Michigan Ave - Request for a variance from Land Development Code Section 4.02.0l.A and Section 9.03.03.A.5 to decrease the required RMF-6 zoned front yard setback for a legal nonconforming corner lot from the required 12.5 feet to 3.5 feet on the west front property line for the development of the new principal residential structure inclusive of attached exterior stairwells and the porch, pool, and pool screen enclosure accessories on approximately 0.15 acres located at 1200 Michigan Ave, also known as Lot 1, Block F of the Bad Axe subdivision in Section 22, Township 49 South, Range 25 East, Collier County, Florida. [Sean Sammon, Planner III] Commissioner District 4. ATTACHMENTS: PL20240010021 - Staff Report - 1200 Michigan Ave (VA) Attachment A - Backup Package Attachment B - Conceptual Site Plan Attachment C - Legal Ad and HEX Sign Posting Page 3 of 232 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: APRIL 10, 2025 SUBJECT: PETITION VA-PL20240010021; 1200 MICHIGAN AVE PROPERTY OWNER/AGENT: Applicant: Mary Willkomm W&W Limited, Inc. 3771 Bateman Road REQUESTED ACTION: Owner: Kimberly Willkomm 27595 Imperial River Road Bonita Springs, FL 34134 Alva, FL 33920 To have the Collier County Hearing Examiner (HEX) consider a request for a variance from Land Development Code Section 4.02.0 LA and Section 9.03.03.A.5 to decrease the required Residential Multi-Family-6 (RMF-6) zoned front yard setback for a legal nonconforming corner lot from the required 12.5 feet to 3.5 feet on the west front property line for the development of the new principal residential structure inclusive of attached exterior stairwells and the porch, pool, and pool screen enclosure accessories. GEOGRAPHIC LOCATION: The subject property is a 0.15± acres legal nonconforming lot located at 1200 Michigan Ave, also known as Lot 1, Block F of the Bad Axe subdivision in Section 22, Township 49 South, Range 25 East, Collier County, Florida. (See location map on page 2). VA-PL20240010021 — 1200 Michigan Ave March 18, 2025 Page 1 of 8 Page 4 of 232 o UJ a m 1�3�i1S PN H1Z6 r TLU W z u O r •J IF J IR r fn ❑1 w ON )iuej;i-a3#iEoIPoo°.] Z w � O � c GA ca N C> Q a C) J r E C N M N O N 0) (6 a_ co w 0 N N c cz PURPOSE/DESCRIPTION OF PROJECT: The subject property is an approximate 0.15-acre legal nonconforming lot located in the Residential Multi-Family-6 (RMF-6) zoning district, subject to the design standards located in the Land Development Code (LDC) Sec. 4.02.0l .A. for principal structures, LDC Sec. 4.02.03.D. for accessory structures, and the LDC Sec. 9.03.03.A.5 for nonconforming corner lots. The applicant requests to reduce the required RMF-6 front setback for the proposed principal residential structure, the proposed accessory porch, the pool, and the screen enclosure. The subject property is currently vacant and is located approximately 1,300 feet east of the intersection of US-41 and Michigan Avenue, at 1200 Michigan Ave, Naples, FL 34103, within the Urban Residential Subdistrict as part of the Future Land Use Map (FLUM) of Collier County. (See Attachment B, Conceptual Site Plan) The subject property has been vacant and was sold to the current owner, Kimberly Willkomm, who is the daughter of the applicant of this petition, Mary Willkomm. The owner acquired the subject property on May 27, 2021, to develop a single-family home on the property, which was believed to be a legal interior lot. However, after conducting their due diligence and consulting with county staff, Kimberly and Mary discovered that the subject property is a pre-existing nonconforming corner lot, as it is adjacent to an existing abandoned Collier County Right -of -Way (ROW), according to the original plat of the Bad Axe Subdivision. However, the southern portion of the ROW was vacated 25 years ago and deeded to private owners in the year 2000, and is now Lot 2 of Top Gun Paradise Subdivision, see image below: 1 y� i MICH1GAN BLOCK F 5r � � • uyl � � ae ! 2 3 d .5 +4 , � � e a t--` —...- -- 11 — �• �4 11. $ Lor i '� LOrz rrIF- ,fir 43 � P � Measr�as�wau.�a r�Jp�rxrwEu.ap' �va�rorycwn,eo� LCYPRESS WOOaS DMVF IV law Pt'R CYPVWS9 LSOM5 ES Ia 7Eff+ Ta __ rPu raxK A A%X 3V Adapted image to show the vacated ROW, now Lot 2 of the Top Gun Paradise Subdivision, and the abandoned ROW adjacent to the subject property, Lot I Block F of the Bad Axe Subdivision; Source: Collier County Clerk, PB 70 PG 11 & PB 4 PG10 VA-PL20240010021 — 1200 Michigan Ave March 18, 2025 Page 3 of 8 Page 6 of 232 The reason the county has not vacated the abandoned ROW is that the area is planned for a joint Collier County and City of Naples water, sewer, and stormwater partnership project, which will serve and assist the county in a future capital project. Due to this, ROW remains adjacent to the subject property, as per the LDC Section. 9.03.03.A.5., the nonconforming corner lot rendered the west portion of the subject property as a front yard. Since the west front yard is the longer of the two front yards, the setback is reduced by 50%, yielding a minimum legal front yard setback of 12.5 feet, whereas the north front yard setback is 25 feet. The remaining east and south yards are side yards, with setbacks of 7.5 feet. Interior lots in the RMF-6 zoning district typically have a front yard setback of 25 feet, rear yard setback of 20 feet, and side yard setbacks of 7.5 feet. This verification reduces the buildable area of the subject property by 5 feet in width compared to a legal conforming interior lot in the RMF-6 zoning district. This 5-foot reduction equates to an overall reduction of 678.75 square feet of buildable area for the proposed residential development to be built on the subject property. This is a significant area that has created a hardship for the owner in designing and building a single-family residence. The hardship goes beyond the dimensions of the subject property when considering the time and finances invested by the owner for plans that can no longer be developed without seeking this variance. This lot would not have been sought if the owner had been aware of the limited building footprint. Therefore, the variance request is to reduce the 12.5-foot setback by 9 feet, resulting in a new 3.5-foot setback along the west front yard, to facilitate the development of the new principal residential structure and its associated accessories, including the porch, pool, and pool screen enclosure. This reduced setback will also allow for an attached uncovered exterior stairwell on the west side of the house to allow access to the main raised living area. Staff recognizes the need for a variance for the principal residential and accessory structures on the subject property. Further staff analysis is provided in response to the variance criteria and is included in the Zoning Division Analysis section below. SURROUNDING LAND USE AND ZONING: North: Developed single-family residential with a zoning designation of Residential Multi-Family-6 (RMF-6) zoning district. East: Developed single-family residential with a zoning designation of Residential Multi-Family-6 (RMF-6) zoning district. South: Developed single-family residential with a zoning designation of Residential Single-Family-4 (RSF-4) zoning district. West: Abandoned Right -of -Way (R.O.W.) with a zoning designation of Residential Multi-Family-6 (RMF-6) zoning district. VA-PL20240010021 — 1200 Michigan Ave March 18, 2025 Page 4 of 8 Page 7 of 232 SUBJECT PROPERTY Aerial Map — Collier Count), Propern, _-appraiser Base Zoning Map — Collier County GIS/ESRI VA-PL20240010021 — 1200 Michigan Ave March 18, 2025 Page 5 of 8 Page 8 of 232 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Residential Multi-Family-6 (RMF-6) Zoning District and the Urban Residential Subdistrict designated area, as identified in the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but deals with the larger issue of the actual use. As previously stated, the subject petition seeks a variance for a single-family residential dwelling, including attached exterior stairwells and the porch, pool, and pool screen enclosure accessories, which are authorized for use in this land use designation. This land use category is designed to accommodate residential uses, including single-family. The single-family residential use and accessory is consistent with the Future Land Use Map of the GMP. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff have analyzed this petition relative to these provisions and offer the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes, there are special conditions unique to this location, which are due to the lot being a legal non -conforming corner lot, as it is located adjacent to an abandoned right-of-way (ROW). The abandoned ROW is planned for a significant joint Collier County and City of Naples Water, Sewer, and Stormwater partnership project, and this may serve to assist the County in this future capital project. The subject property is condensed to a width of 50 feet, resulting in a nonconforming corner lot. Since the subject property is adjacent to developed residential to the east and the abandoned ROW to the west, this results in a nonconforming lot width, along with the west front yard setback reduced by 50%, which results in a smaller buildable area of 30 feet in width for a single-family residential dwelling comparable to what has been developed on neighboring properties in the same zoning district. b. Are there special conditions and circumstances which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which are the subject of the Variance request? The current owner of the property, Kimberly Willkomm, acquired the property on May 27, 2021, thereby receiving the conditions of the subject property that existed before the acquisition. The circumstances do not result from the actions of the owner. The condition of the subject property being adjacent to an abandoned right-of-way (ROW), resulting in a nonconforming lot, is not a result of the applicant or owner. C. 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? A literal interpretation of the provisions of this zoning code will cause unnecessary and undue hardship on the property owner and create practical difficulties for the owner to develop and construct a single-family dwelling on the property. VA-PL20240010021 — 1200 Michigan Ave March 18, 2025 Page 6 of 8 Page 9 of 232 d. Will the Variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promotes standards of health, safety, and welfare? If granted, the variance will be the minimum variance that will make possible the reasonable use of the land to promote health, safety, and welfare. The variance request incorporates all that will be required to develop the single-family dwelling on the RMF-6 zoned property. This includes the residential structure, the uncovered stairwell on the west side of the house that will provide access, the porch, the pool, and the pool screen enclosure. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Granting the variance will not confer any special privilege on the property owner compared to other properties in the same RMF-6 zoning district, as the property owner is developing an allowable residential use with accompanying accessories. For instance, the developed residential property west of the abandoned ROW, 1160 Michigan Ave, was permitted under permit number 85- 2268 with a side yard setback of 5 feet on both the east and west sides of the property. Since this was permitted before the ROW taking, these setbacks are legally nonconforming for the property west of the abandoned ROW. The request for the subject property is only 1.5 feet more than what the neighboring property allows with the nonconforming setbacks if they were applied to the subject property. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Granting the variance will be in harmony with the LDC's general intent, and there will be no nuisance to neighbors, as the only setback that would be adjusted is adjacent to the abandoned right-of-way (ROW) property owned by Collier County. This adjustment would not immediately impact any other neighboring property owners. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf courses, etc.? The owner's hardship is significant, not only because of the major financial investment but also because the lot, with a reduced footprint, is neither buildable nor feasible for her intended purpose of developing a residence. The applicant contacted zoning before the owner purchased the lot to affirm that the allowable footprint would be large enough for the home the owner wanted to build. Clearly, the owner would never have bought the lot if it could not accommodate the home she requested to develop on the property. h. Will granting the Variance be consistent with the Growth Management Plan? Granting the variance will be consistent with the GMP since a single-family residential development, along with its accessories, is an allowable use for the subject property in the Future Land Use Element and the GMP. VA-PL20240010021 —1200 Michigan Ave March 18, 2025 Page 7 of 8 Page 10 of 232 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECO NDATION: 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. RECO ENDATION: Staff recommends that the Collier County Hearing Examiner approve variance petition PL20240010021, a request for a variance from Land Development Code Section 4.02.0LA and Section 9.03.03.A.5 to decrease the required RMF-6 zoned front yard setback for a legal nonconforming corner lot from the required 12.5 feet to 3.5 feet on the west front property line for the development of the new principal residential structure inclusive of attached exterior stairwells and the porch, pool, and pool screen enclosure accessories, as depicted within Attachment B. Attachments: A: Backup Package Attachment B: Conceptual Site Plan C: Legal Ad and HEX Sign Posting VA-PL20240010021 — 1200 Michigan Ave Page 8 of 8 March 18, 2025 Page 11 of 232 Checklist Application Pre-App Notes Page 12 of 232 HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO 10 � i ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County _Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO ``"et PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. i j,/ Application, to include but not limited to the following: Narrative of request ZProperty Information ,"ZProperty Ownership Disclosure Form �,--,Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. ZDisclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control a/ Affidavit of fir��7�»"f ��oN Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) AY ; , NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio J'� Traffic Impact Study (TIS) Environmental Data Z Historical/Archeological Surveyor Waiver Utility Letter Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\ZoningStafffnfonwition\lobAidesorHelpGodes Page 13 of 232 t/ Boundary Survey —zother documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. 44 Submerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. They must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same orderfor all copies of backup materials to provide to the Hex/CCPC and the CI] must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. IjjV, awn Sig na u- rej Agent Representative Date Printedliarne of Signing Agent Representative Revised5/18/2018 Provide to Agents G.\CDFS Planning Servioes\Qjrrent\Z=% Staff InWrnatson�U Aides or Help Wdes Page 14 of 232 Cv per GU>NntV hRi11'lh (Ill le111 l �iinn�un 11 00W'I0hn10111 170l);arinirnl Need Help? r-iMr,li Pliblir, Portal Online Payrnf,rlt rjuide L f'errnittirig (Aul(Jes VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Cha ter 3 J. of the Administrative Code PROJECT NAME: APPLICANT CONTACT INFORMATION Name of Property Owner(s): Kimberly A. Willkomm Name of Applicant if different than owner: Mary S. Willkomm Address: 27595 Imperial River Road City: Bonita Springs State: FL ZIP: 34134 239-351-2325 Telephone: Cell: E-Mail Address: Kimberly@SWFioridaLaw.com Name of Agent: Mary S. Willkomm W & W Limited, Inc. Firm: 3771 Bateman Road Address: Telephone: Alva City: Fax: FL 33920 State: ZIP: 239-269-0357 Cell: Fax: PerfectNaples@gmail.com E-Mail Address: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Variance Application (VA) 3/27/24 Page 1 of 6 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www colhercouniyfl_gov Page 15 of 232 PROPERTY INFORMATION —71 Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 22771840001 Section/Township/Range: 22/ 49/ 25 Subdivision: Bad Axe (175000-Bad Axe Sub) Unit: Lot: 1 Block: F Metes & Bounds Description: Address/ General Location of Subject Total Acreage: .15 1200 Michigan Ave. -next to abandoned ROW Property: 1200 Michigan Avenue, Naples, FL 34103 ADJACENT ZONING AND LAND USE Zoning Land Use N RMF6 Residential S RMF6 Residential E RMF6 Residential W Abandoned ROW Undetermined since abandoned ROW cannot be used as a street Minimum Yard Requirements for Subject Property: ��' Front: 25/12f.t. Corner Lot: 9 Yes ❑ No Side: 7.5M. Waterfront Lot: ❑ Yes x❑ No Rear: 7.5 f.t. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Variance Application (VA) 3/27/24 Page 2 of 6 Page 16 of 232 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htt www.collier ov.net Index.as x? a e=774. Name of Homeowner Association: 1M. Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Variance Application (VA) 3/27/24 Page 3 of 6 Page 17 of 232 b) Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes D4 No If yes, please provide copies. Variance Application (VA) 3127/24 Page 4 of 6 Page 18 of 232 Pre Application Mrletii►g ants final 5iihmittal lliorpdrr'rrirrrt Chr,ckli;t for. Wrianre Chapter 3 I. of thv Admini0rative Ccjrly The tollowing Submittal Requirement Checklist is to be utilised during the Pre Application MQetinp and at time of application submittal. At time of submittal, the checklist is to be completed and Submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑ Pre -Application Meeting Notes Project Narrative Completed Addressin_ Checklist Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one S'/: " x 11" copy Survey of property showing the encroachment measure in eet Affidavit of Authorization signed and notarized Deeds/Legal(s) Location map Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial 0 ❑ Historical Survey or waiver request, if applicable Environmental Data Requirements or exemption justification Once the first set of review comments are pasted, provide the assigned planner with draft Agent Letter and address of property owners ® ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager, • Please contact the project manager to confirm the number of additional copies required. Page 19 of 232 C Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: ❑ Historical Review: -T Executive Director City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ' c,;A,ancy of SWFL: Nichole Johnson 1 ❑ 1 Parks and Recreation Director: Olema Edwards ie cency Management: Dan Summers; and/or EMS: Artie Ba ! y ❑ Other: f ab ! G I, - / i /-/ e s F F f Fo >� Pre -Application Meeting: $500.00 10D RZ Variance Petition: ❑ School District (Residential Components): Amy Lockheart ❑■ X Residential- $2,000.00 o Non -Residential- $5,000.00 0 5`ti and Subsequent Review- 20% of original fee Estimated legal Advertising Fee for the Office of the Hearing Examiner: After The Fact Zoning/Land Use Petitions: 2x the normal petition fee f�1cg r►'Eg Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Community Development Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 � lea s gnature �i') �/� S /, l//V� // Date Printed Name Variance Application (VA) 3/27/24 Page 6 of 6 Page 20 of 232 1E)Collier County GMCD Public Portal Land Development Code Administrative Code Zoning Pre -Application Meeting dates Petition Type: Variance (VA) Date and Time: Tuesday 9/17/24 at 1 : 30 ZOOM Property Information Assigned Planner: Sean Sammon Project Name: 1200 Michigan Ave (VA) PL#: 20240010021 Property ID #: 22771840001 Current Zoning: RMF-6 Project Addressy :1200 Michigan Av(5it Naples State: FL - Zip: 34103 Applicant: Mary S . Willkomm Agent Name: Mary S. Willkomm Phone: 239-269-0357 Agent/Firm Address: 3771 Bateman Road Property Owner: Kimberly A. Willkomm Please provide the following, if applicable: i. Total Acreage: 0.15 ii. Proposed # of Residential Units: iii. Proposed # of Affordable Housing Units: iv. Proposed Commercial Square Footage: City: Alva State: FL Zip. 34134 V. For Amendments, indicate the original petition number: vi. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vii. If the project is within a Plat, provide the name and AR#/PL#: viii. Is Project within an Area of Historical/Archaeological Probability? Pre -Application Meeting Notes 6/26/2024 Page 1 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 - tvtvtv.collicrcountvfl'C"v/ Page 21 of 232 Collier Countv J Meeting Notes >_Ie ra ry S,4 S a A-'7HcA e r Nc *17 -9 OP Pl+-6 r--Z_ ZA, !, a'7 J4. 3. e T�r}ch.zlJ �MA-rL Lea, uired: The most current Application Forms & the Property Ownership Disclosure Form are required for your submittal. Download from this link: https://www.colliercountyfl gov/government/growth-management/divisions/planning-and- zoninq- division/land-use-applications#1/ Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Pre -Application Meeting Notes 6/26/2024 Page 2 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • tt tti tv.collicrcount. ILA oN / Page 22 of 232 1200 Michigan Ave (VA)— PL20240010021— Pre-App Notes — Zoning — Sean Sammon September 17, 2024, 1:30 pm Applicant - I am requesting a Side setback variance to 7.5 for 1200 Michigan which is adjacent to no longer viable ROW. c PLEASE SEE ATTACHMENT FOR HISTORY AND DETAILS ON THIS PARCEL. Subject Property: ±0.15 acres located within the Residential Multi-Family-6 (RMF-6) Zoning District o Property is a pre-existing non -conforming lot due to lot width being 50' wide c Adjacent property - R.O.W. not vacated, county owned, possible water management, needs to be determined o Setback determination based on LDC Sec. 9.03.03.A.5. Nonconforming Corner lot - west property line is also a front yard, however, since it's the longer front yard, the setback may be reduced by 50%; therefore, minimum legal front yard setback for RMF-6 is 25 feet, the west front yard setback is 12.5 feet. c The Variance request appears to be requested from the west front yard setback Q& A with Applicant: c Q: How did this come to be? What is the hardship for this request? Typically land related ■ A: In summary. Mary is a real estate broker and general contractor, subject property is for her daughter. Parcel adjacent to the west is R.O.W., been vacated 25 years ago to the parcel to the south, 12' street dead ends. She called Collier County, there was no property ID. She talked to David Anthony, the master plat identified as Y2 of R.O.W., other half, to the south, was abandoned in 2000 and can no longer serve as a road connection. Before closing on property, became concerned the vacant lot may become a cell tower, No guarantee. wants to develop house for daughter, either a 1 story or 2 story gabled roof. Called zoning front desk, woman she spoke to told her west side setback would be 7.5 feet, however, no ZVL and nothing in writing. o Q: Are there any other variances for the subject property? ■ A: Not certain, maybe a pool, unscreened, will measure to inside lip of pool, any other accessory structures planned for future will be considered to be included. `r-t 6 -e- - S4(3 63 of 232 • Staff Recommendations & Findings o Provide a new and current survey of the property o Understand that the Variance request is the measurement from the property line to all other encroaching structures that apply. o Staff recommends providing a clear and exact site design of all impacts from the variance request. The variance will need to be the exact difference of the actual encroachment into the setback and use decimals (to tenths of feet, i.e. 20.3 feet) o Site Plan should include all encroaching structures, clouded with dimensions and measurement from the property line. Also, please make a table that includes the Required setback, the Actual/Proposed Setback, and the difference between the two/the Variance; survey can serve as the basis for the site plan. o Justification needs to focus on the land related hardship, such as limiting factors on the property that makes the proposed location the optimal location for proposed use, i.e., existing wetlands, vegetation/trees to remain, bodies of water, etc. • Variance Process will reference LDC Sec. 9.04.00 and LDC Sec. 8.10.00 o Application contents: ■ Appropriate submittal: Complete application & required property & zoning information and supporting documents o Narrative or detailed explanation of request: ■ Explanation why encroachment is necessary (explain Land Related Hardship) - THIS IS THE KEY ISSUE FOR THE APPLICATION & how existing encroachment came to be, if applicable • Cover all the details of the existing conditions on the property as mentioned above; dates of permits, structures built, & property ownership acquisition date, whichever applies o Provide responses to LDC Sec. 9.04.03 A - H, also included in the application o Provide a current survey of the subject property; identify any easements, etc. o Conceptual Site Plan (24"x36") and one 8.5xl 1 copy o Copy of last recorded deed, sale agreement, or notarized ownership 0 8.5"x11 " graphic location map of the site o Owner/Agent affidavit o The subject property is not in a historical/archaeological probability area 2 YA-6 'Q- -:� 4, )�" Page 24 of 232 o An Agent Letter shall be sent to property owners within 150 feet of the subject property's property lines covered by the petition following the initial staff review comments and prior to the resubmittal of the petition to the County. • Requires at least 1 advertised public hearing o Public Notice requirements LDC Sec. 10.03.06 F. • Mailed notifications & newspaper advertisements • One advertised HEX public hearing • Subject property < 1 acre, staffs responsibility to post a HEX Hearing advertisement sign no later than 15 days prior to scheduled hearing date o Final Decision Maker: Hearing Examiner, written decision complete 30 days after the scheduled hearing date • Any further questions, please contact me at Sean.Sammon@colliercountyfl.gov - (239)252-8422 3 P0,G e- �2 4-. Page 25 of 232 ThomasClarkeVEN From: Drew Cody Sent: Wednesday, September 18, 2024 2:26 PM To: Sean Sammon; Anthony Stolts Cc: ThomasClarkeVEN Subject: RE: 1200 Michigan Ave (VA) - PL20240010021 Good afternoon, This property is withing the City of Naples Utilities service area. The applicant will need to reach out to the City's Utilities (https://www.napLesgov.com/utilities) to ensure appropriate coordination. Please note that contacting the City's main government offices may cause confusion, delays, or misrouting of the applicant with parcels like this where the property is outside of the municipal boundaries but within the utility service areas established by the Florida state legislature. Drew Cody Supervisor - Project Management Public Utilities Engineering & Project Management Office:239-252-2917 Drew. Cody(@)-colliercountyfi.gov Collier Count offisoll From: Sean Sammon <Sean.Sammon@colliercountyfl.gov> Sent: Wednesday, September 18, 2024 1:44 PM To: Drew Cody <Drew.Cody@colliercountyfl.gov>; Anthony Stolts <Anthony.StoIts @colliercountyfl.gov> Cc: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Subject: 1200 Michigan Ave (VA) - PL20240010021 Drew and Anthony, We had a pre-app yesterday for a proposed house variance for the west front yard setback. Based on the adjacent R.O.W. to the west, this is a pre-existing nonconforming corner lot. The west front yard setback is therefore 12.5 feet, they are requesting up to a 5 foot variance for a west front yard setback of 7.5 feet. Attached is the research, do either of you have any notes for utilities to provide? Can you let me and Tom know either way by next Wednesday, September 25th? Thank you! Sean Sammon Planner III Zoning Office:239-252-8422 Col I ie ' Count) 2800 N. Horseshoe Drive Naples, FL 34104 Sean. SammonC@-colIiercountyfl.gov �., ©ADO® Page 26 of 232 Collier County Note l: Ifsite is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the fourpersons below in their Utilities and Planning Department along with a request that they send us a letter or email of "no objection " to the petition. Bob Middleton RMiddleton(&,napleseov com ,Allyson Holland AMHolland(Owplesaov.con?, Robin Singer RSin-errarnat2lesgov.com. Erica Martin eniartinCu�naples,zor.coni Note2: The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan (GMP) as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. Pre -Application Meeting Notes 6/26/2024 Page 3 of 5 Growth Management Community Development • Planning & Zoning 2500 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • wtvw.colliercountvfl.Cov/ Page 27 of 232 �7 Collier County ❑ Michele Mosca,AICP Community Development Planner III 252-2834 Michele.mosca@colliercountyfl.gov Craig Brown Environmental Review -Mgr. 252-2548 craig.brown@colliercountyfl.gov Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov David Roe Environmental Specialist 252-2915 David. Roe @colIiercountyfLgov El Lauren Murray Environmental Specialist 252-2306 Lauren.murray@colliercountyfl.gov John Houldsworth Engineering Subdivision Vend. 252-5757 john.houldsworth@colliercountyfl.gov Jocelyn Nageon De Lestang, P.E. Engineering - Stormwater 252-2434 ocel n.Na eondeLestan colliercount fl. ov Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov =; Cormac Giblin, AICP Division Director — Economic. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov Sarah Harrington Manager — Planning 252-4211 Sarah.harrington@colliercountyfl.gov J Jamie Cook Division Director- Development Review 252-6290 Jaime.cook@colliercountyfl.gov Lisa Blacklidge Development Review Manager- Planning 252-2758 Lisa.blacklidge@colliercountyfl.gov Christine Willoughby Planner III 252-5748 christine.willoughby@colliercountyfl.gov Brett Rosenblum-P.E. Development Review— Supervisor Project Mgr. 252-2905 brett.rosenblum@colliercountyfl.gov — Mark Templeton Landscape Review — Planner III 252-2475 mark.templeton@colliercountyfl.gov _ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Gino Santabarbara Impact Fees — Planner III 252-2925 Gino.santabarbara@colliercountyfl.gov Diane Lynch Management Analyst I 252-4283 diane.lynch@colliercountyfl.gov Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov Connie Thomas Client Services -Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email Pre -Application Meeting Notes 6/26/2024 Page 5 of 5 Growth Management Community Development • Planning & Zoning 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • t\\%%v.rollicrcountvtl.aov / Page 28 of 232 Collier Countv J Zoning Pre -Application Meeting Sign -in Sheet PL# 20240010021 Collier County Contact Information: Name Review Discipline Phone Email L Mike Bosi Division Director-Planning&Zoning 252-1061 Michael.Bosi@colliercountyfl.gov Ray Bellows Manager— Planning & Zoning 252-2463 raymond.bellows@colliercountyfl.gov Richard Henderlong Zoning -Planner III 252-2464 rchard.hen derlong@colIiercountyfLgov Laura Delohn Zoning - Vendor 252-5587 Laura.dejohn@colliercountyfl.gov l John Kelly Zoning -Planner III 252-5719 john.kelly@colliercountyfl.gov Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov Nancy Gundlach,AICP Zoning — Plannerlll 252-2484 nancy.gundlach@colliercountyfl.gov Eric Ortman Zoning— Planner III 252-1032 Eric.Ortman@colliercountyfl.gov .__ Sean Sammon Zoning — Planner III 252-8422 Sean.sammon@colliercountyfl.gov O!K' Maria Estrada Zoning Planner II 252-2408 Maria Estrads@colliercountyfl.gov J' Tim Finn, AICP Zoning - Planner III 252-4312 timothy.finn@colliercountyfl.gov Thomas Clarke Zoning - Operations Analyst 252-2526 thomas.clarke@colliercountyfl.gov Anthony Stoltz Utility Planning - Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov Drew Cody Utility Planning — Project Mgr III 252-2917 Drew. cody@col IiercountyfLgov Brandi Pollard Utility Impact fees 252-6237 brandi.pollard @coiliercountyfLgov —_ Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@colliercountyfl.gov Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Michael Gibbons Structural/Resident Plan Review 252-2426 michael.gibbons@colliercountyfl.gov :- Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov Sean Lintz Battalion Chief - N. Collier Fire 597-9227 slintz@northcollierfire.com Bryan Horbal Captain — N. Collier Fire 552-1367 Bryan.horbal@colliercountyfl.gov Daniel Turner Plan Examiner - N. Collier Fire 252-2521 Daniel.turner@colliercountyfl.gov _. Linda Naples Sr. Plan Examiner — N. Collier Fire 252-2311 Linda.napies@colliercountyfl.gov Shar A. Beddow Dep. Fire Marshal - Gr Naples Fire 241-1422 sbeddow@gnfire.org Thomas Mastroberto Gr, Naples Fire Site Plans Rev. III 252-7348 thomas.mastroberto@colliercountyfl.gov Heidi Ashton-Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek. perry@coIIiercountyfLgov James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov Parker Klopf GMP—Comp Planning — Planner III 252-2471 Parker. klopf@colIiercountyfLgov Jessica Malloy GMP-Comp Planning -Planner II 252-4329 Jessica. malloy@colIiercountyfLgov Stephenne Barter GMP—Comp Planning — Plannerll 252-7707 Stephenne.barter@colliercountyfl.gov Pre -Application Meeting Notes 6/26/2024 Page 4 of 5 Growth Management Community Development - Planning Se Zoning 2800 North Horseshoe Drive - Naples, FL 34104 - 239-2-32-2400 Page 29 of 232 Pre-App Zoom Attendance: 1200 Michigan Ave (VA)...-_PL202400.1.0021 Planner_Sean Sammon Meeting Date: Tuesday 9/17/24 at 1:30 ZOOM tnomas clarke (Host me' Sean.Sammon Q :� Mary's Whone 0 ':::p © EricOrtman Qestradamaria Page 30 of 232 Coi[;er County Growth Management Community Development Dept. ZONING STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING Meeting Date: Tuesday 9/17/24 at 1:30 ZOOM Zoning Operations Staff: Thomas Clarke 1200 Michigan Ave (VA) - PL20240010021 - Planner: Sean Sammon 0 Applicant Submitting Request: Mary S. Willkomm 239-269-0357 perfectnaples@gmail.com • Agent to list for PL# Mary S. Willkomm • Owner of property (all owners for all parcels) Kimberly A. Willkomm • Confirm Purpose of Pre-App: Standard Variance (VA) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): N/A • Details about Project: I am requesting a Side setback variance to 7.5 for 1200 Michigan which is adjacent to no longer viable ROW. PLEASE SEE ATTACHMENT FOR HISTORY AND DETAILS ON THIS PARCEL. Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor — Permitting Consuela.thomas@colliercountvfl.gov - Phone: 239-252-2473 Created April S, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Page 31 of 232 General Information: On the west side of 1200 Michigan Ave is '/2 of a Collier Cty 60' ROW parcel that is no longer viable because the other 1/2 of the ROW (that would have created a roadway connecting Michigan Ave to Cypress Woods Dr) was vacated in 2000 (Resolution No. 2000-74; OR Book 2658 and Page 1273) and now has a home constructed on it. Parker Klopf from Collier County Zoning has explained that because 1200 Michigan Ave abuts a ROW (even though it cannot be used as a through street), I need a variance to allow the standard 7.5' side -yard setback instead of the 12.5' setback that would be required if the side of the lot were actually on a street. My history with property: 1. Prior to my daughter buying the property at 1200 Michigan Ave in May 2021, I contacted the Collier County Zoning department to inquire about side setbacks on the lot if I were to include living area in the open gable roof area above a single -story home. I wanted to make sure that this living area, inside the vaulted gable, would not be considered a second floor thereby changing the side setback from 7.5' to 10'. I was told by zoning personnel that no, living area in the gable roof area above a one- story house would not be considered a second story, and even if the plan were for a two-story home, the side setback would still be only 7.5'. 2. I also contacted the county about the ownership of the vacant lot next to 1200 Michigan Ave because there was a 3' concrete pylon (painted yellow), cemented into the ground at the center of the adjacent vacant lot. I wanted to make sure that there was nothing planned for the vacant property that could adversely affect the value of the property at 1200 Michigan. The first few people at the county were unable to tell me who owned the vacant adjacent lot because there was no PID number associated with the property. I continued to inquire, and eventually reached David Anthony who, after reviewing the master plan, learned that the property adjacent to 1200 Michigan was '/2 of a ROW that was originally platted to create a roadway connecting Michigan Ave to Cypress Woods Drive. David further learned that the other half of the ROW (abutting Cypress Woods Dr) had been vacated in 2000 thereby making the remaining half on the Michigan Avenue side unable to be used as a ROW. In the vacancy for the other '/2 of the ROW, the resolution read: "Whereas, the petitioner is requesting the vacation of certain portions of 12t" Street North which were platted in 1955, and have never been improved. There are no plans to improve these rights of ways." I have attached this vacancy paperwork as well as other vacancies in the Bad Axe Subdivision. When I expressed an interest in having the ROW adjacent to 1200 Michigan vacated, David was incredibly helpful, guiding me on the process, emailing me the Page 32 of 232 paperwork for the procedure to get a property vacated, and even sending me the records on other properties in the area that had been vacated previously. Because of the history of the ROW, David expressed confidence that the ROW would be successfully vacated. After I had collected the letters of no objection from the required entities, (including local fire and police departments as well as from all area utility companies), I made a request about getting a letter of No Objection from county staff to vacant the now non -viable ROW property. Although the staff I had spoken with previously had expected the request would be approved, upon my formal request it was explained to me that due to a major infrastructure project scheduled for the area for sewer lines and drainage, county personnel did not want to consider vacating the parcel until the infrastructure project was completed since the land could possibly be utilized during the project. Staff gave me the contact information for the City of Naples personnel who would be scheduling the infrastructure project so that I could contact them regarding the schedule for the upcoming infrastructure project for Michigan Ave and the surrounding area. I contacted the City of Naples in June of 2021, and numerous times since then. I was informed by City personnel that the project was indefinitely delayed due to funding being used for emergency infrastructure repair after Hurricane Ian. Today, late August 2024, the project still has not started and will take up to two years to complete. In the meantime, I designed a house that would easily allow a garage to be added on the west side in the hopes that the ROW property (on the west side of 1200 Michigan) will eventually be vacated. In finalizing plans to be submitted for permitting, I contacted Parker Klopf to confirm that a bay window can project two feet into a side setback. Parker confirmed that it could, but when looking at the site, Parker told me that the property would be considered a corner lot (even though the ROW on the side property is non -viable for a street) and would therefore have a 12'5" setback instead of the 7.5" setback I was told prior to my daughter buying the property and for which we had designed the house. This variance request is to allow for a 7'5" setback for the property at 1200 Michigan Avenue. Thank you for your time and consideration, Mary Willkomm 239-269-0357 Page 33 of 232 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) Pre -Application Meeting Notes Project Narrative Completed AddressinL Checklist Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one 8'/z " x 11" copy ❑ ❑ Survey of property showing the encroachment measure in eet Affidavit of Authorization, signed and notarized Deeds/Legal(s) Location map Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial ❑ Historical Survey or waiver request, if applicable Environmental Data Requirements or exemption justification Li Once the first set of review comments are posted, provide the assigned planner with draft Agent Letter and address of property owners ® ❑ Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Variance Application (VA) 3/27/24 Page 5 of 6 Page 34 of 232 Planners: Indicate if the petition needs to be routed to the following reviewers: ❑ Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ City of Naples: Robin Singer, Planning Director ❑ Immokalee Water/Sewer District: ❑ Conservancy of SWFL: Nichole Johnson ❑ Parks and Recreation Director: Olema Edwards ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ School District (Residential Components): Amy Lockheart Q Other: {>�, oj� ❑ FEE REQUIREMENTS i,z"-Pre-Application Meeting: $500.00� -Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 0 5th and Subsequent Review- 20% of original fee _ vEstimated Legal Advertising Fee for the Office of the Hearing Examiner:.$;+25".-00f'`�'� After The Fact Zoning/Land Use Petitions: 2x the normal petition fee '� �' k.�; Ly �� ✓ �� Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: �j v Applicant �6ature r Pr,fnted Name - 4 Growth Management Community Development Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Date Variance Application (VA) 3/27/24 Page 6 of 6 Page 35 of 232 Narrative Page 36 of 232 February 20, 2025 Address: 1200 Michigan Avenue Re: Setback Variance Request on side of abandoned Collier County ROW History of hardship: In 2021, my daughter went under contract to purchase a legal, non -conforming 50' wide vacant lot at 1200 Michigan Avenue to build her home. During her Due Diligence period, I contacted Collier County Zoning staff and inquired about the side setbacks for the lot. I was calling specifically to see if I designed a home with living area in a gable roof, would it be considered to be a two-story home, and if so, would it change the side setbacks from 7.5' to 10.0'. I was told that no, the home would not be considered to be a two story, and even if it were, the side setbacks for 1200 Michigan would be 7.5' whether it were one-story or two. And note: unless stated otherwise for a specific lot, Collier County setback regulations allow un-enclosed and un- covered exterior stairwells to encroach 3 feet into the 7.5' side and front setbacks which means the subject lot could have had an exterior, un-enclosed, un-covered stairwell encroach 3 feet into the 7.5 foot side setback. Again, during her Due Diligence period prior to my daughter purchasing the lot, I spoke with several other people at the county trying to learn who owned the lot to the west of the lot since the lot was somewhat barricaded off and clearly not a residential lot. I was concerned that its intended use might be for a future cell phone tower or some other use that would adversely affect the value of the lot. Since the property had no Property ID number, I had to place several calls to find someone who could help me. I finally reached County Site Planning Staff who went back to the original platting of the subdivision and learned that the lot to the west of 1200 Michigan was an abandoned Right of Way (ROW) owned by Collier County, wherein the other half was vacated by the county 25 years ago. The vacated half was deeded to private owners back in 2000, and has since been combined with lots on either side of the vacated ROW, then subdivided into multiple residential lots, and re -platted by County Surveying Staff. After learning this, I went on to speak with County Site Planning Staff, as well as staff from several other County departments, about the county possibly vacating the remaining 1/2 of the ROW (that is next to my daughter's lot), and splitting the lot with the property owners on each side (as was done for the 1/2 of the ROW that was vacated in 2000 and has previously been the custom when the county no longer had a use for a property). County staff was extremely helpful throughout the process, sending me recorded information on the other half of the ROW that was vacated 25 years ago, as well as information on other ROW's that were vacated on Michigan Ave. I was given names and contact information Page 37 of 232 of the numerous agencies' representatives from whom I needed to obtain letters of no objection to the vacancy. While securing the necessary letters and paperwork to complete the process for the vacancy request, my daughter went ahead and purchased the lot next to the abandoned ROW. Even though successfully acquiring half of the abandoned ROW property adjacent to her property would have been very welcome, it was not necessary for my daughter to want to buy and build on the lot, as her concerns were that the buildable area on the lot was large enough to build her home on her lot and that the lot next door would not adversely affect the value of her lot. Ultimately, I was told by County Principal Planner that the county staff decided against issuing a Letter of No Objection to vacating the abandoned ROW because "the area is planned for a major joint Collier County and City of Naples Water/Sewer/Stormwater partnership project and this will serve and assist the County for this future capital project." Over the next year, my daughter spent a significant amount of time and money designing her home and obtaining all the necessary documents required to submit her plans for permitting. Then, for several reasons, my daughter elected not to build the home until earlier this year. A few months ago, making final adjustments on the plan prior to submitting to the county for permitting, I called County Zoning Staff again, but spoke with different staff from whom I spoke with in 2021. This time I called to ask about the regulations for setbacks for a bay window. Staff answered my question about the bay window, and then added that he thinks the county may consider the lot to be a corner lot with 12.5' setbacks on the west side (instead of an interior lot with 7.5' setbacks on both sides). He said that since the west side is next to 1/2 of a ROW, it may be considered to be a corner lot even though the other half of the ROW was vacated and deeded to private owners thereby making it impossible to utilize the half of the ROW next to my daughter's lot as a street. The larger setback would make it impossible to fit my daughter's house on the lot. After speaking with several county representatives from the Collier Zoning Department, including the County Zoning Manager, the consensus was that my daughter needed to apply for a setback variance to resolve the situation and to correct the hardship. There are special conditions which are unique to this location which are that the lot is a legal non -conforming lot and is located adjacent to an abandoned ROW. The circumstances do not result from the actions of my daughter. Page 38 of 232 A literal interpretation of the provisions of this zoning code will work unnecessary and undue hardship on my daughter and will create practical difficulties for her. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land to promote health, safety and welfare. Granting the variance requested will not confer on my daughter any special privilege in comparison to other properties in the same RMF-6 zoning district, since my daugher is developing allowable residential use with accessories. There will be no nuisance to neighbors since the only setback that would be adjusted is adjacent to the abandoned ROW property owned by Collier County and would not affect any other neighboring property owners. It is also worth noting that the property on the other side of the same abandoned ROW (at 1161 Michigan) has a grandfathered-in side setback of only 5' on the ROW for its principal structure, so my daughter's request for a 7.5' setback for the principal structures on the ROW side is actually a 2.5' foot larger setback than the property on the opposite side of the same ROW. HARDSHIP: My daughter's hardship is significant, not only because she has spent an enormous amount of money and time on the plans, but because the lot, with reduced footprint, is not usable for her intended purpose. As noted, I specifically called zoning before my daughter purchased the lot to affirm that the allowable footprint would be large enough for the home my daughter wanted to build. Clearly, my daughter would never have purchased the lot if it could not fit her home. My daughter's request is that this lot be granted a 9.0' variance from the LDC Sec. 4.02.01A and LDC 9.03.03.A.5, for a legal nonconforming corner lot from the required 12.5' west front setback to a new setback of 3.5' for the development of the new principal residential structure and its accessories and for the attached exterior stairwells required to give access to the main raised living area and from the raised rear porch down to the back yard, pool, and pool screen enclosure. Thank you so much for your time and consideration. Truly, Mary S. Willkomm 239-269-0357 PerfectNaples@gmall.com Page 39 of 232 OWNERSHIP INFORMATION Addressing Checklist w/ Property Appraiser's Sheet Property Ownership Disclosure Form Affidavit of Authorization Warranty Deed Page 40 of 232 zColliercounty Addressing Checklist GMCp Public Portal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a " are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. i Applicant Contact Information I 'Name of Owner/Agent: Mary S. Willkomm Firm [if agent]: W & W Limited, Inc. 'Address: 3771 Bateman Road Telephone: 239-269-0357 °City: Alva Cell: E-Mail Address: PertectNaples@gmail.com Location Information *State: FL -ZIP. 33920 Fax, ' Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 22771840001 Legal Description of subject property or properties [Attach list if necessary]: Bad Axe BLK F Lot 1 OR 1531 PG 300 Street Address(es) where applicable, if already assigned: 1200 Michigan Avenue, Naples, FL 34103 Addressing Checklist 6/14/2024 Page 1 of 2 Growth Mmwgement Commmity Develolnnrnt • 01>rratiom & Reglibtory Management 28W North Horwxhor Drive • Naples, Nl. WO+ • 2 W-M-24W • 111L1Y Lvllicr o� nid; tl,�uv/ Page 41 of 232 0 Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -approval of project name and/or street name may be requested by contacting us at GMD Add ressln colIiercount ov or 239-282-2482 prior to your submittal. Current Project Name: Proposed Project Name: _i2oo Ave Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-##gfff�L2017000####] Submittal Requirement Checklist ! Additional documents may be attached to this form and can include_ Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.col liercountVfl.gov/citvviewweb Questions? Email: Front. DeskO-colliercountyfl.gov Addressing Checklist 6/1412024 Page 2 of 2 t;roatli Management Commanily Development 9 Operations & Repilatory mmiagrneent 2800 Nordi Horseslum Drlve • Naples, El. 34104. 239.252-2400 Page 42 of 232 Parcel ID 22771840001 Collie County Property Ap, Iaiser Property Aerial Site Address Site Zone *nisciaimer 1200 MICHIGAN AVE ` Site City NAPLES *Note Open GIS in a New Window with More Features. 34103 Page 43 of 232 Cot e,r Count y Growth Management Community Development Department 2900 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 ) Email: GMDClientServices@colliercountyfl.gov www.coliiercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM :--�D This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership KIMBERLYA. WILLKOMM 100% b. If the property is owned by a CORPORATION, list the officers and stockholders and the erC.enLdPte UI SLUCR UWIIUU UV eaCfl: Name and Address I % of Ownership C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership 01/2023 Page t of 3 Page 44 of 232 Co er County e f 9- Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 { Email: GMDClientServices@colliercountyfl.gov www.colliercountyff.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the enerdi dnu/or nmiteu partners: Name and Address % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the tficers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: if any contingency clause or contract terms involve additional parties, list all individuals or z y or trusi: Name and Address Date subject property acquired 5/27/2Q21 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 45 of 232 Ct0e_ r County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIIentServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Ag nt/Ow er Signature MARY S. WILLKOMM Agent/Owner Name (please print) 1 2 ' 02 K ate 01/2023 Page 3 of 3 Page 46 of 232 AFFIDAVIT OF AUTHORIZATION • - • %1 WykIyZ11Il1l[IIIYA I, Kimberly A. Willkomm (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerm applicantQcontract purchaserand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorizeMary S. Willkomm to act as our/my representative in any matters regarding this petition including 1 through 2 above. "Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words 'as trustee': • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fact to in it are true. i �— Signature C re Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Q4sicatifresence or E] o line notarization this X day of beCern bAe ' , , 20�by (printed name of owner or qualifier) . W ; 11 lZe r.�..- Such Ron(s) Notary Public must check applicable box: Are personally known to me M Has produced a current drivers license 0 Has produced as identification. Notary Signature: CP\08-COA-00115\155 REV 3/4/2020 Notary Public State of Florida A& Tammy Mandaro Masclr W !!!! My Commission HH 303523 Expires 9/1012026 �w Page 47 of 232 INSTR 6068600 OR 5456 1,(, 71 (I (ORI)I n 1l : 10 I'M IIA(,1 s 3 CLERK Ot 1111 (IR(tlll (OtIRI ANI) (OMPIR011111, (oil lilt (OIINtY IIORIDA DOC@.70 S1,MS.00 RI( V7.00 INDX S).00 CONS V(35,0()0.()t) 14=,um•nl 11,cltmC'I 1Yina"nl t1j" I I111V h JAMES H. Si-FSKY, FSQUIRF Siegky & Piton 2800 Davis Blvd., #205 Xaples, FL 34104 Consideration: $265,000.00 rnrcrl It) lumhrr: 22771840001 Warranty Deed This Indenture, Madc this 27th daypfmay, 2021 A.U., Betwcen Harrison Hubschman anti• Susan Hubschman a/k/a Susan Ashbrook, both individually and as Trustees) of the Timothy Brian Hubschman Trust, dated December 1, 1983, as -'amended, and Harrison Hubschman and Susan Ashbrook a/k/a Susan Hubschman, 'as Guardians for Timothy B. Hubschman, Ward of the County of Collier, State of Florida, grantprs, and Kimberly A. Willkomm, a single w6man,- �ahoseaddress is: 13010 Positano Circle, Ufi,it lbl, Naples, FL 34105 of the County of Collier, state of Florida, grantee. r f «'itnesseth that the GRANTORS, for and inconsideration of the sum 9F --TEN DOLLARS ($10�~- �-------------------DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, suet&;ors end assigns forever, the following described land, situate, tying and being in the County of Collier State of Florida to wit: Lot 1, Block F, Bad Axe Subdivision, according to the map or plat thereof as recorded in Plat Book 4, Page 10, 'Pubiic Records of Collier County, Florida. .F Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2020. 2386;m,63 Page 48 of 232 0 OR 5956 PG 74 The Grantor warrants that the above described property is not the homestead of Grantor or any member of his family nor is such property contiguous to any such homestead property. The Grantor's permanent place of residence is Harrison Hubschma#1 Susan Ashbrook a/k/a Susan Hubschman 525 Soll Street 6740 Daniels Road Naples, FL 34109 Naples, FL 34109 and the grantors do hereby fully wnrrant t1ictitle to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the gran{ors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: Harrison Hubschman and Susan Hubschman a/k/a Susan Ashbrook, -1�oth individually and as Trustees of the Timothy Brian Hubschman Trust, dated December 1, 1983, as amended, and Harrison Hubschman and Susan Ashbrook a/k/a Susan HOschman, as Guardians for Timothy B. Hubschman, Ward r Printed N e: Witness #1 as to both 4r Printed ame: C as 5 Witness 2 as to bo h Printed N FretJerick 1. Patric f Witness #1 as to both Printed a Witness # as to b th 13$1,'Cy,3 Harrison Hubschman ,. Individually and as Trustee t P.O. Add r :.525-Sol ' ect. Naples, f L 34109 By (Seal) -: Surs'an Hubschman a/k/a Susan Jos rook, Individually and as Trus�,ee P.O. Addfes -. 524Soll Street, Naples, FL 34109 By: (Seal) Harrision.LHttbschman, Guardian P.O. Address: 525 Soil $treet, Naples, FL 34109 By: _(Sea!) Susan Ashbrook a/k/a Susan Hubschman, Guardian P.O. Address: 525 Soll Street, Naples, FL 34109 Page 49 of 232 4" OR tia4h YN, i ti "aa STATE OF Florida COi1NTY OF Collier 11me foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 27thdayot-May, 2021hy Harrison Hubschman, Individually and as Trustee and Susan Hubschman a/k/a Susan Ashbrook, Individually and as Trustee of the Timothy Brian Hubschman Trust,/dated December 1, 1983, as amended Who am --onally known l e 6r who have produced their as identification. r' N;' ;'.' •. FREDERICK J-PAT�ICK, ' _,_1 •! AN Commission#PG123355 Printed Nafoje Expires July29,2021 Notary Public Bonded ThruTroy F�ln tnruronce 9 57919 My Commission Expires: STATE OF Florida COUNTY OF Collier L� The foregoing instrument was acknowled,ged,before me by means of X physical presence or online notarization, this 27th dayo£May, 2021 by Harrision Hubschman, Guardian'and Susan Ashbrook a/k/a Susan Hubschman, Guardian for Timothy B. Hubschma �WaFd who are personally known tome or who have produced their �. as identification. =FREDER. PATRICK ::�'"CG 123355 Prin dryr,9,2621 NO�a yisyFa4alnran�nw89D-9B5.1919 My Comihission Expires: 2386eg6s Page 50 of 232 LOCATION INFORMATION Aerial Location Map without notes Aerial Location Map with notes Page 51 of 232 SURVEYS AND ENCROACHMENT REQUEST INFORMATION •Boundary Survey • Survey showing required setbacks for a legal non -conforming corner lot in RMF-6 • Picture of Subject Lot and Abandoned ROW to the West • Site Plan showing requested encroachment • Rendering showing requested encroachments Page 54 of 232 N M N O 9LS0'0b9'T9S:XV3 008b'0b9'T9S:ffNOHd OVL'91 rntrntox8zrm Vd3?Jd ntix NIAHAWIS and 03ad3ad CFF£OLIO£ 'Id 'Sd'IdVN s sv �n aaa•8mfaninsssedcuoo•,H,t�m dfINFIAV NVDIHDIW OOZZ Loro££ _Ta `H0VF1g W Vd i.Sam d0 J,3AbnS NV1dMIS ONV Al JVONf108 ZOT FIMIS II"I I2Pd.LI'HW m OSZ9 w WIZ U Lu mm } O_ W fif ¢O _m W OWO UM m Zw rz Q C >O wZ z U rc jUm Lw J ¢ z cn rfn W J W oZw¢wfn a Z w U a¢ _ r i� Z U O O W O O Z ? m 0, � w W Q _ i X ❑ Z Z Z J Z �Wp] 0� m Wow U W O UW Z F 2 K W OZ YMU Z Y KO. 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UuniJiy� m QU'a �aV.'mY �f0(iWIiJJJ�ZZOWWWWWWK(��Q OUWma gmrn O_N Wm�r�QgW 2 >�' i� >W�W� Q W r Z¢ ¢ [n=Lnm zfn0 h Da w Q U W Z � o W QW U O N o` M H X Z o w w m o O N O W 5:0 Jv�or z W o N 0 ¢ Q l=i Q W Q O D 00 O �aC7Z JZ maMO >_> V w V OP: Q ¢ Z U W N!2� Y N ULu M w O 5- U Z o O U O N w Y W J ¢ U w m U- N O r lLu wL N Z J Y J_Z O O O= J X LL W O J W W O w 0 Q¢ 0 W LL W 0 Z LL U322 O DU m w Q O w m LL LL LL LL J o 00 w W 0 0 d W r z iL N Y o U r cwn 5 O 0 m y I U O r O _O O to W IL (n 0 � N10=Ll LLo �� r JO Jm ^ w RZ89---2. 01° 7'00" 1 5.78 Nam o m 0 Lu J Lu w O Z W -W O p O WQ m H H O p W W ¢ Q� Ja0 W I > o I w W z a ¢yq LU = O z Y O S l Y M J W' W W m ~ O O� (� O }} r W W J c z>� U I"m �Of_ w J a zm � /1 Quo (n M J_ LL Z ON W¢ W' W0£ N01°07'00"W 135.75' mw¢=0oOw <Om LL0- O� yW WOW ZO O_ YM P 0 z LLI _ U J W�Ooa m a zw ui m¢ SECOND AVENUE - W Q � ofI-: _ 1, '0 U„ 0 o IJwZcn O 0 ' ' (NOT IMPROVED) E3 o � c c¢i xWx ¢O >oFo,-Q E m mWzo¢z w�wzwW p��H O ¢ 00 LL: d J > CD 0 K Z Z ViYZ W U no Z W W W W'}� zw�¢¢O i5OWLL FL.0 m 0 9Z=rr6 3ltlOS LLo a o af rn O W O �1JwU o O r� QmZLL WQ�W¢Wm C' W00�Ox Oy J Z Z¢ f n r z N V rl'f (O N C) O 9L50'0179'T99:XV.T 008VOb9195:FIN014d £94L'Ell YQYQO?ITilmHOJ(12 VdMid SI�I�I �TI1�`3�v11S ao� a3avd3ad £OZK Id 'SFIldVN S Sv dfINdL1F�' NFTOIH�IY�i OOZZ n �u tauBm,Sanznsssedmoa��w�+�0 A3IA Md1d311S 4Nd l�?JVO OO $TV££ "Id` VIVA T�T"[09Z9Vd SUMZOT FWAS '7IV2I.L C2IV.LI'III�I'NOSZ9 w W ¢o W Q J � -c-) r Qp wm w Hwo oW z o ! r 22 -- c Q U (D W� K>o wZ z U Q¢ p (Z7 w Z�lw�d N �Um �W J Q Z U LL J W p Z w Q w N a z z E ❑ Jw Z r Z ? O w mLL'o.p}WwQ a Oam 09 aWU z, LLwo �?rW ZIJLQ mpml w OZ Y} Z ULu zr o WNw�FU Q r� W Q Z N >o f, Q Z�W�WLL=WQ'QQQ fnZ OK � LL'OW JlwiJ '� J LLQo.z z< �W WK P c - \U\ ❑ /Z OLL�Q=-rmJ=Z- WQ mWmW W d' LL.UZWZW ZUW�OLLQ ofroQ K p Z p5JZQou }=LL'JQry WLowOQm ry �� - QOJ_pW OQLLJ KWQJ Q� WZ mwom Qmow LL_JJm Z7;o LLLLLLLLLLLL UQZpo U:i � OFU�mz LL. p a F Z W UQ E= dp U � W o Hwy 1i j>Lri ULLmJLL m QtD LY cf)�dci � �mUWIi�JJ�ZZOLLLLLLLLLLLL oOQ�w > _ _ - LL'[.ild i > Q �WQ�rzQ - .. . 0 �m_D�0wo y pa mm Zv)O v ww LL * N r m0 NO w _ CV (V o � �ro? ;ti Q F. ,..� N N� LuON�Q OY- JpLLw r �" W xy�"� O N w m p > > J U%MZ o N p RN _ QMWmLu GLYD _ Z 4: O W O N F NU Imo I.LI Z U z� o W Fzi U � W �Q N U > �' v N � �w OZN�O, O LL Q Lu LYUUrQ ow��mz Y Z ,W W O a c p Qrn rN W p J X Q w L.L L W p W W w J Y J o Z m �] W J d <- Z 4 I.I.L Q N W m 0 0 0 J 0 BE O O Q Q Q O W y� OU x> L.L ILL NQ w�_NC7wJ wUd(n m w w �Q0 F-i d 0 o C?.0 J OJ Cz H-I W%. __N_d� r- H Oo OZZZZY U �� O a3zwwwwr w 0 y W — — n m m W w W w>>> 0 0 p p p W W w w w OQQQ6-LL'LL'LY LY LL N ' Y O U r Q fa ui J co U cn Q a L^`�O ww OK" U m I U LL D a O o U'm`n m W wo r Cn O W ._ a pZm LL o o 01 ° 7'00" 1 5.78 I Wz LL om W m o w J w z = OU _ O 7.5 SETBACK LINE _ o O w F- ILLo g — — — 11 W Q g v% W o z ii a C9 m z ml w �I o m O w Q F O Z J J p w �„ p til m "L--- O O Z J Z�w Wm z x V -----� 12.55ETBACK LINE IJ U w JCL Z I zui ��m go �oN r m w LY O w J � 00E NOl°0T00"W 135.75' o jw m LL Q W m ¢� Z I -O Y &o o o o$ o� W o 0 O z a Its' zzz � o._ W Q x m m U) a w Lu O� Fn C �M o� M a¢Z �-, LLI J a W= Od m a m a SECOND AVENUE o U) 0 0 0 �Y -- �- ~w---------- 60.0'WW(p)------- _ J W W Z —, ZOLYZz Jm O L IxxQ^I O �' (NOT IMPROVED) o cn Onoof mo of< —m Lu ��W¢=m-W �mg a o�>c7oox � W U 'oZW>z 1 z p -j AOW p W u`S go m—mz) m > ,9Z=,63lV�SoUofwma A Wn v H O W O��mQLY W 0Lu0 pw cotD WLLQ W—j w¢wM WM mm C'wOOZizOm O J Z Z Q Q t n r z -: N M V 6 IL m WQ0-,17W S3,db'N1D33J3d 'r L<JECf69d- INIVId 31lS'i73SOdO7 ld � z r WWCs?I„IMPSAki4'W NOMIlLm' AWN � � 0 NI'O311WIlMAIM LA' �■ �A' W■ ONO 'llHAIL AlmaG IN Fh a° u~p {y l a � 4'I F w gam OS 3ta W H C1 w 0 cc!2 � �( fL {1'I L-_�_ N-----------------_--- _-__-_-_-__-_-_-__-_-_-__-_-_i--_- -------_—� -_ __-_-__ Z I i I 9.0 s 5.0 7-5 I I i I I I I I a w I � I y p w W I I z I ^J 1 I 6 al I I = w 1 a I I p¢p G Y u I ti3 Z C I � I I I I I I I I z C3 I — I w - � i I I s J I 75 I I o I I I w I � M o ¢ - I 7.5 ' 35.0 j 4.0 sal--------� � I � LL, I I z 112.5 2 z,a I z I I O w I I et L— I---------u-V C) I UTO MICHIGAN AYE w 50.0 AM ok -P 10 -P p Ar' % L'Y' r r 'p AY s A OR &A HISTORICAL ARCHEOLOGICAL STATEMENT Page 60 of 232 1200 Michigan Avenue Historical Survey According to the revised pre -application notes, an Historical Survey is NOT required for this variance application. Page 61 of 232 LETTER OF NO OBJECTION FROM THE CITY OF NAPLES Page 62 of 232 /gyp P ♦��APLFS 1♦�4i '_._�� ♦ ON THE � // �� PUBLIC WORKS UTILITIES TELEPHONE (239) 213-4745 • FACSIMILE (239) 213-4799 380 RIVERSIDE CIRCLE • NAPLES, FLORIDA 34102 January 7, 2025 Ms. Mary Willkomm W & W Limited, Inc. 3371 Bateman Road Alva, FL 33920 (239) 269-0357 (sent via email: PerfectNaples@gmail. com) Subject: Letter of No Objection — Variance Request for Reduction in West Front Yard Setback Site Address: 1200 Michigan Avenue, Naples FL 34103 (Parcel ID 22771840001) Collier County Planning Project Application Number: PL20240010021 Dear Ms. Willkomm, The City of Naples Utilities Department is in receipt of your email dated October 24, 2024, requesting a Letter of No Objection from our office regarding the following proposed variance: Reduction in proposed west front yard setback from 12.5 feet to 3.5 feet. The west property line currently abuts a County Right -of -Way (ROW), which is approximately 60 feet in width. This 60 foot ROW previously extended south to Cypress Woods Drive, but the southern portion of the ROW was vacated in Year 2000, and therefore construction of a public through street is no longer viable. The variance petition requests that the parcel be granted a 3.5' setback on the west side next to ROW. This parcel is located within the City's water and wastewater service area. The City owns and operates an existing watermain within the Michigan Ave ROW. At a future date, the City intends to construct a public sanitary sewer system within the Michigan Avenue ROW. The proposed reduction in the west front yard setback from 12.5 feet to 3.5 feet for the above referenced parcel will have no impact on existing City -owned utilities located within the Michigan Avenue ROW, or future utilities that will be constructed within the Michigan Avenue ROW. Therefore, this correspondence serves as our formal Letter of No Objection to the above referenced setback variance. Page 1 of 2 Page 63 of 232 If you have any questions or require any additional information, please contact this office at (239) 213- 4713. Sincerely, Michelle Baines, P.E. Public Works Deputy Director — Utilities Page 2 of 2 Page 64 of 232 PERMITS FOR HOME ON OPPOSITE SIDE OF ROW • Complete permit for home on opposite side of the same ROW showing grandfathered-in setbacks of only 5' • Closeup of section of permit that shows the grandfathered-in 5' setback Page 65 of 232 1, • t'r . F •y i L <, PBa�xa � �e i } i 1 F ... . . . f APPLICATION FOR BUILDING PERMIT COLLIER COUNTY, FLORIDA the following form by typing at Application Date _9L /-Z- Contr. Lic,�_- Parmit L Name ofOwner IA"RR 'dAl Project Name .lob Address U---rrr�—� _ �u :_ 11 C�MlGidi�'ias✓ l�Gc` Water Management Engineer _hL6P_A=f1 IA///, /-fA l/ Telephone Number Architect Zc - --L'.,9t,AZ2 Telephone Number 7 93 - /9.Y 2 Enctnaer IStructurall __ ____ Telephone Number CONTRACTORS: General Contractor: Name - General Contractor's Address , 1 A Z 2 S PURL JAG i/yA J Person to Contact AV Phone '6 Electrical Contractor: Name 5-elF -- ��,� Plumbing Contractor: Name :UpP/G.1s4 A/C•Mech. Contractor: Name l:nXip>TIDAt/�?D i5f!/Z GntC%� Roofing Contractor: Name Sit r' GENERAL LOCATION :lcheckOne) S 2 3 4 5 EL GAL: Subdivision Name , AND 4$1-1 J06, OR Tract Lot Block [ Unit (Private legal covenants may exist regulating this property. It is the owner's obligation to ensure that this construction would not violate these legal covenants,—Resotution 82.61-) ----------------------------------------- Complete Description: 0 J if attached sheets COMPETENCY STATE REGISTRATION NO. CARD NO. a 7 8 9 10 11 TYPE OF STRUCTURE: {Circle one) IngleFamll Mobile Home . Duplex . Multi -Family . Church . Motel/Hotel ommercial Industrial , Service Station . Office/Bank . School . Hospital Pool/Spa . Seawall/Dock , Miscellaneous -_ - __-__-__ - --- _-__---- --- - -------------------------------------------- CONSTRUCTION: IClrcte one) ew Alteration Addition -------------------------------------------------------------------------------------------------- PURPOSE OF CONSTRUCTION: Explain: G Jos Electrical: Amps !Examples: Frame Home, Concrete Block Structure (CBS), Interior Partitions, Bath Addition, Room Addition, Enclose Porch, etc.) ..------------------------.----------_-'-------- ------------------------------' ONO. of New Residential Dwelling Units �_ Maximum Height of Proposed Structure No. of Stories ------------------------------- EWER' !Circle one! eptic _ Collier County City of Naples Private System Name __-------- ---------------------------- - - -- - - - IA E_R: (circle one) Wall Collier County City of Na A Private System Name OCCUPANCY CLASSIFICATION: Residential Living Area ///J� Sq. Ft. Porch Areas 2/S Sq. Ft. Carport Areas Sq. Ft. Garage X 93 Sq. Ft, Total 14 Z .3 Sq. Ft. ENERGY CODE: E.P.I. Number _ ------------------------------- Contractor's COST OF CONSTRUCTION 7Ls4+d>>- i 1. Zone 2A Zone A Zone - lowest hgbitab finormfetretFtrrf. 2b. V Zone - lowerst horizontal support member Date Permit Approved _/_ I by___ not Assembly Business Sq. Ft. Sq. Ft. Educational Sq, Ft. Storage Sq. Ft. Hazardous Sq, Ft, Mercantile Sq. Ft. Factory Industrial Sq. Ft. Institutional Sq. Ft. Total _ Sq. Ft. Bench Mark Elevation Location Date Permit lasuod J�.,yI¢ by odd ws, cods7, ardlnencas end lC1,41 atipatetl III be quadrupted, plus a contractors may be sirq Sworn to and Subscribed before me Signature of Contract , , �, I �— this _ day of ,19_--_. V V \ "FAILURE TO COMPLY WITH THE Notary Public MECHANICS' LIEN LA'S CAN RESULT IN Banding Code Compliance THE PROPERTY' OWNER PAYING TWICE 3't°" FOR BUILDING IMPROVEMENTS." FS 713.135 Date Permit Iaeued: 8115185 Farr -it Number: 85-02268 &MOra1 Location: Two Data Permit Approved: 08/13/85 Oubdivision: Bad Are Water: City of Naples lob Addre&s: 1160 Mehl. an Avenue Sewer: Septic Project Name: S.D.C. Receipt No.: Type of Structure: Single -Family S.D.A. Number: $ Purpose: CBS residence - 200 amps Kvvber Of Dwelling Units: 1 Owner: Iverson, M/M, Richard Flood Zone: general Contractor: Owner Bench Mark Elevation: Geaeral Contractor's Phone No. 263-0084 Bench Mark Nail in: Tract: Lot: 16 Block: C Unit: Legal: DATE REC'D TIME FEUD TIME READY CALLED IN BY DATE REINSP. INSPECTOR PASSED FEE STRUCTURAL Slab: Tle Beam: 9/3/85 9/11/85 11:21 3:39 Tied Iverson 9/4/85 Herb D. Framing: 10/8/85 10:51 Thur hed Iverson Dick 9/12/e5 Herb D. Insulation: ROOFING 10/10/85 4:12 Fri Iverson 10/11/85 / Herb D. Herb D. MECH Tin Tab: 10/7/85 10:07 Tue Iverson 10/8/85 Gene S. Rough A/C: PLUMBING 1014/85 3:00 Mon Area 10/7/85 Frank T. Rough: Tub Set: 9/3/85 10/7185 11:21 Wed Iverson 9/4/85 Roy M. 10:07 Tue Iv Iverson 1018185 Frank T. Temporary Pole: Called Power Co. on: FINALRough: 10/7/85 10:07 Tue Iverson 10/8185 Gene S. Roofing: Plumbing: 10/29/85 10/29/85 9:58 Wed Dick 10/30/85 Roy M. Tap: 9:58 Wed Dick 10/30/85 FranFrankSewer T. Mesh -A/C: Electrical: 10/29/85 10/29/85 9:58 9:58 Well Dick 10/30/85 Frank T. Called Power Co. on: 10/31/85 Wed Dick 10/30/85 Gene S. Building: Septic: 10/29/85 9:58 Wed Dick 10/30/85 Roy M. Engr. Dept: 10/3/85 Total Reinspection Fee: 10/31/85 %Lc C.O. Issued on: 10/31/85 r rt�.A �4 Perkt UUmber: Application Dat4.•a.er...sr•.. Last Name of QSInHr. a ... , .. v . w r r .. • . First N�'lY.....e..r.e{..s.•eaa. Biddle initial ................ Project iiaYRE........e......•.ee•r.r Job Address ................... Ge0_Code...so.aa,rva..s..■e.a.. Gebnar.l 0.OTItYRCtOr.e.e...••{r.rot.• Cici4tCiaCto�e'a ACidr$"�.weiFs.{r.ts.es4 rikraoli to contaet....404.6,68.....A's Telephone Number............ General Loaation....a..e•a.......a• Subdivision...... .... Tract ar a+ot.e r..evw.....•...aa.e...a.. *Brliock.....F•O.O 1re..00rY9.F.e. Y nit . • r e . p f . 1 ..... e • • .... a ... . Legal Type of ritrllCtUXe.er.ea...•..s.as.• r_ Coast:ue;`�on.ra•e.....e.»a.,c....aa Purpose of Construction............ f Number of Dwelling Unita.........e, Occupancy i71fl93..e.•.eFr..r•......e Coat of Construction. Flood %oliH.....►•....r.Fr....a..•r. Bench Mark Elevation,..rar..... Bench Mark Flail in....... • ... Date Permit Approved.,......aa.•r*. 85-02268 08/07/85 Iverson, P1/14 Richard VOMIT 1160 Michigan Avenue Owner 1022 Sperling Avenue Dick Iverson 263-0084 Two Bad Axe Ib C Single -Family Neu CBS residence -- 200 amps 1 Septic City of Naples Residential $36.412 08/13/85 0 0 T'e aboq application has l�ee�x eMamined and is hereby approved subject to the p$yment of $_� a �% : as provided by the Coliiez Cour: y wilding Code. Paymeat Eiecei��ed by. Date Isaued:�//�'" Receipt Pao. j'` �A11 pros t!nder the approved building permit shall comply with all applicable laws, codes, ozdinances and additional stipulationa and/or Conditions of Permit. The approved permit sxp$rsa if wont authorized is not commenced within six (6) months from date of issue. The permit fee will be quadrupled, plus a maximum daily penalty of $500.00 if work is started without an approved permit. The permittee further understands that only Licensed co tractors may be employed and that the structure shall not be used or of edt� ! �nla/Ce �i icate of Occupancy in issued. r White Applicant Green Property Appraiser Yellow Record Section Pink Environmental Ha&lth Goldenrod Lobby File Cod* Corwk-sce Signature of "FAILURE TO CoMpLy WITH THE IVIEC [ANICS' LIEN LAW CAN RESULT IN FOR BUILDING IMPROVEMENTS." FS 71.3.135 Ak +. , BUILDING PERMIT APPLICATION g Permit Number. 85-02263 Application Data .............. Last Name of Owner 08/07/85 ................. Fiat Hmme.e.e.o Iverson. MAI ... ..eeeeee.e Richard Middle Initial ................ Project Name.......... e.e..e.....s. Job Addre9ee.....e..... ..... .. 1160 Michigan Avenue G*o-Code.6.................... General COIItrBCtOre.se..o.e a e...e• Contractor's Address.., ....... ... Owner 1022 Sparling Avenue Person to Contact .................. Telephone Numbsro Dick Iverson ............. General location ..............00006 263-0084 Two Subdivision,,,,-,,,, ...... '�E'aletaeoee.so....e...a•e•..es. Sad Axe ...........e. Block... 16 ... 6........ .o..oe.e.. ��ta C .e.ewe.ee.00s..e....►.e. Legal Description ............. of Structusre.•.......... •.... e Construction C _ onstruction...0......0...6....00ee Single-Fsly u. Purpose of Cotistructiosi..:......... New Number of Dwelling Units........... CBS residence - 200 amps 5eWar....e.........:::a::::::: 1 Septic - water.....ese.au........►ee.es Occupancy Cla®s City of Naples .................... Cost of Conetruc;=lon::.••. Residential •.•••••••••• Flood 2ofi6......................... $30,000 Beachi!srk Elevation:......... �114t^ Bench Mark Nail ist.....,...... Date Permit Approved. .............. Preliminary Approval Lend Zoned 4 Proposed Use P _ Approved by _ Date BUILDING DEPARTMENT Building Permit Approved By:�_ Date to 9 Electrical Permit $ Approved By: Date /1-2., / Plumbing Permit Approved 0y: Date , Mechanical Permit $� o Approved By: Date _ /i / rise Permit $ Approved By: Date � / / t� !swimming Pool or Spa Permit $ APprovad By: Date — "Building Code Compliance Department" $ Approved By: Date _ Permit S Approved By: Date FIRE DISThICT (Circle One) N. Naples — Eat Napier — rnerco Gallon Onto — Little Hickory/Banite Share. — Immokshm — eia Cyprex Fire Prevention Permit $ Approved By: 429'5-0 Checked By: _ Date__ Wi+iM: k1ldlne ti'eNdws Fire AaNlMroir �Wsrks 210f/14 m ij �iix0it! }�a6$�N iihME O+iAiAk9R1E 1Il�YIiMJ Last 114* t of 9/9 IFL`IIr�rsBgt YyiF R.i 0s4tsv R►46• ,&PO i4 *YbA �t}Ytf�� itt�t:P6�. sri:R♦fps.{r.Nis t Project�i� t>aNNNraNYlNrN4Nwa♦s9s?p are�Fl� +�tfS'd1Btt.NSN. s'>4YN4ff4►+NRN ` ppA 6� L f 1160 WitihtgaA Avatwo •►itt.Ot:�,i WB1Sr�itACNOf.r.O N.... Y.4wP 4'�rLi��i �tt:tater'a �d�tsese�.f..NNNsfpr..R. 102Z Spadinu aAvtaue ftritft to Dick 1wair an t ��tl�t'$� P.��uAIC�.NAc.....e.r.>r4rrsair iFit) KyJ iUt fYf.�EiDtt.s..aa.sare.brs.:>r4 sad Age "', F, i_ �L�E. t.'sJa,aw raw..►.+r..rw.er...v %R$.4ro..r.eR.rrHa.yr..,Rarwr\• Pb .pn R..RVr.A e• C M F;.F �. �. pp��Mae�...Ns.rii4a��a _ 4Stt�t'6w4.N.,Rw +L NA.. ra••6. arD ie. . _ ... _ & d� @k'¢A�'ttLi'�.Res...r..•a.Ro.a. linglei-Fasily �'i' ICE,'�,'DtAsasrogs.4.r.e.awRaoaaea I(kw L� cpaea( tat° r+'t79lfb LtlCi3Att.a.a.ea..,aw tJ x®K1Aaracw w 200 **PC _ NUM&Q'Y of r}5ri1lliag Vait9..•a. ♦a►raa 1 Septic P w��e•Aezosw.+>w.aaa.eas.4+wr ay! a City of 114ples - W.r,:lpAti±.� 4P'.92iiSR..b4,n=ar•a......-.i Re sidoltt?ati Cos,t,:,yot,{,`'�1°i(:�t;�YUC�:�oPJ.ao-•A.rr.A•c.sa. 130$ 00 �,- Flow** zona..as.a,4 i.a.,gf....a.aw,■- � t 1�i6Y�1j4uA ��r�ra %i%�f.�. PO.. a a r a r. e a• a . t;. �e:rrA.P�.$k`w'Gi$i 2,prria��d�.a.a•a.nr....a. Preliminary Approval Land Zoned Proposed U Approved by�� Lot Area Front Yard Set Rock ° } Rear Yard Set Back" Sida Yards Set Back Parking Spaces lnspact€on R -- s Approved By. do, date,& 1— .,PUBLIC 1YORKS DIVISION s Tatar Rlaoagatnent Department **tar Managomant Permit S Inspection Required: Yet 0No 0 Approved By: _ _ Data 1% } Criginetring bepsrtmant Right-of-W&VPermit $` Inspection Required: Yxafro j Approved BY: JDate SsaWal€/Dock Permit inspection Required: Yes d No ❑ Approved By: rM � Eow. Am IL do a z LA F3 0 J ry Y■ i Aftk 0 1 BUILDiNG PERMIT APPLICATION Permit Xumbelrt 85-02268 Application pate........ro..... 08/07/85 Last Name of Ottnarc......e...,...,.. Iverson, M/M first liaaaes................... Richard Middle Ynitixl................ Project �i0aor....►................ Job Addrasse... e........ ..e... 1160 Michigan levMnu• Goo —Code ...... 6..............a General Contractor ................. Oaacr Contractor'a Address, ....... 1022 Sperling Avanue Peron to Contact .................. Dick Iverson Telephone Number .............. 263-OG84 General Locatjon.e..r...... ♦...... . Two Subdivision ................... Bad Ass Tree t...... a .................. Lot... .... so* .............. 16 Block*...........s..a....r.... C i- Unit ........ .r................ Legal Description ............. Type of Structure.,....,...,..*...... Single —Family construction ....................... New Purpose of Construction :............ CBS residenea — 200 amps Number of Dwelling Units........... 1 rawer ......................... septic ` Watar.... 0.................... City of Naples t Occupancy Class .................... Reaident;ial Coat of Construction ............... $30,000 L. Flood 40ne.......................r. Bench Mark Elevation.. Bench Mark Nail in........, Date Permit Approved...... ••• Preliminary Approval Land Zoned I ' I" Proposed Use n` Approved by "x Date UTILITIES DIVISION WATER CONNECTION FEES REQUIRED: YES OR NO SEWER CONNECTION FEES REQUIRED: YES OR NO SEWER DISPOSAL APPROVAL LETTER DATED APPROVED BY: e Date NOTE: "YES" denotes need for paid receipt of connection fees prior to Issuance. j AUG 9 1985 S4N*,. & tdin# f 4"'. Fire YNleh: Utifld.t r%q! Hwol iaiete "1 ftwTr wort 21,011" y9Fy ii }ydmTna . l.}-- `4• xrswrlF rF�SR'7w MiF"�%`r, r.d Mt FM fn.�ysr F'wrt3 KtWdfRio NIX b #��,��1'��gi'e �tq@s♦rf at ter i:e Rda�rfsrdfRA g3�s�/�pt�ll:l`;i 7e��.�xiSd - ��4� �'S ry'l M��i Pfi ia3 Yb9yi�ryyNNl1 - ' �P�.��L.��.ii�NigiRAi RFCCO J@OAr iew r'.>fGpWi MK ��i la�`}i',4i�IFpaNrosvrfr NS Vsy Brh pMO ae ,t.e _x a�� M��1.L�'e��YiZ y�Mi�haQ y��Y,,�,� YMV/�"Y��,�ye!i lI1dS4+iS s�/'rd O4iF YlwtlrA A'i ��*`�4'ff'!�l�r��i�f..4 �'.gtr b"fiw1Ta;i dC'�B@rtlti - �!rhtx,tCS�>/d�, 1►��'��SsvdrA4Fa0c§;xnsbt jj��y. 1a'�ii1rMY d�� Mr'1Lr� l�,Y#�tYtta� '' �l"i1C+y $+L �iili�Cl�Cy�rsiyN�tita+t.aram�r�@AA �5wx� �'lyld`�5'liY?30 'i-','^: - r�w4P�� 1#A MR 4�l64MR is s►POf se °jT '� ". -. 7g •f 4Ei Csr rBsA ,i �ilo �.�� . �.'. �x�,„„.��'�15��tiNwi - ; s��sa FAb4ir@4stlq •dNt•R�iN�S"JKA '. ,_z. +�y♦�1klo-Rgaw yFCreY'S �D#sat q#f+i444lSIR 11 A6 - _ ir�s,O�O�CF �+ap gsas F.:aFarsRRf A69 �'a . e, � Wet �3'��«+u,►apwnartedx�rAR.asaaua4Rpra n. ��a�-�fi�7C��kisMtSaaere�ssc,oi„t y�y _�x;d•�'��,?�v��Ru��s�ru#b.®Rdk OrwW ls4MC Y@d! p �t `q � { u�i�rx'��i�iyMi lrN y4$9.II1#DgHb�p q#f'Fl OA Ri 1 1gbAQ4'� '�6 gW}��;b��4^�Yb� [gt{a� WOO cµf3M �r= Y :dL�� '°t '..1J RdSSAd&7,t�� SYrrj��i�l dil tB�lN%'k 1'IP %. '�-'.a - '7' .. Y��,t.(Cfi'�'.Cbro4x4a@tfrtEaaooA-teea�r#fa 1 y it •' 0.Fef��'`}Yf @fyT.Fbpptxw4►M.3 �lOheH iilM1 �!,��,�, ��j�<M/.t'LKIY$PA43 G'ifsb;l*iri n�`�'y4��4'.N �C%.tyggoefyNAPli'm fi.��0.R'k �� i �''d - ky„�` Cost Of ^�+ir�F¢'��6rMA•f pP g4fiRAF �' e'�.°►�.3� �it�iaF@##9re,ferii.oa�e�AK•nM�kerppA 'P.4�F�4x7P . h x 0=1' ft''tk 3�Y+Qkar t�f qr a as rsp " boibrat sktk IOU, "� 1 t a tr � a. $�sanwnnvFagvo IRYwaI.MW�+iW 4rrwwir..�•�,:�� _ "�5 NOOqq,jf}j K: __ nrtii.*P'IftoryAlp�rgv&t Unyd�Zonsed ry. �"}dPro,, Apprn4ed by w ;tnt te�sto Fsretii Gramm interceptor"Ralicn TankPow x wtptic s ink nr3lrtf�aid •� � srtft - In;psofcn R&gGlresl A rav Mtge s .— nit COMMENTS.- _ insp 'A I,ed: y"Al grYtrria! 9 arnrvr i' hd: E2 Na 0 0 tf s •..w COLLIER COUNTY GOVERNMENT COMNLCX OWNER -BUILDER RESIDENTIAL/COKRERCIAL 14 am effort to insure compliance with state And local lams, this form will bs N&da s part of the file for the job permitted. Your acknowledgement of the following laws In requested prior to the issuance of the permit. In accordance with the.exemption statutorily defined by 489.103 rlorfds Statutes a property owneer....& property owner way build or improve a farm outbuilding, a one or two-family residence or a commercial building an bis property under the following proviaions: 1) The building and improvements of the building must be for the occupancy or use of the property owner. 2) A commercial building must cost less than $25,000.00. 3) Within one year of permit completion you must not sell, 19608, offer to sell or lease more than one such structure. Collier County Ordinance 83-13 Section 105.2 (c) states: Any tamper -builder will be Teamed a maximum of one (1) owner -builder Permit for a single family or duplex home In any three (3) year period. You are hereby put on notice that you are responsible for all work per- formed on the project. All subcontractors hired must hold valid Occupatioual License and Certificate of Campcstency Cards required by law. (This My be verified by the Collier County Licensing Department 774-8292). Name of Omer ! / Nome Address ��'r'� Permit NP ;$ _0202e -- Sob Addresso~ Phone . �Date-6 Subdivision. Tract Lots'; Blank Unit Legal Description —_ �- — I hereby acknowledge that I have read and understand the state and local requirexents an this form, as applied to owner -builders d c ify that I qualify as the owner -builder for t above-- a tkou b. Owner-Bui der Signature Ste• Subscribed to and a�rorrp'b a` sa�y`"of� 19�. Iry Commiseian expires My fQBS""wio'� �` Au4 V. 1fR7 Ilatary Public .' ! I, 1 - . . •I�', •I a e fly; "o Distribution box/head pipe level: Distribution box/head pipe water tight: SEPTIC TAV, AlJD DRAINFIEL.DM•Ir"�'FCTION FORM r Request for Inspection/Date: W� 4Q.Q=~ Time:��rReceIved Permit No. Date Applied For: e)j?h� / 4A ri Builder/Owner:-J,4,t.';1.h , rvi . C-/,4._ Address of Job:_--%/16DO W l;dj; Contractors Phone: • _ _ W Subdivision Narrc:, Lot No: %(p Block No: iJn f t No: Zone Sect ion• --- Section: ------- Township: Range: Tank Size (Septic)' -�• --- Gals® Tank Size (retention): Gals. Drafnfield Size (Septic) sq. ft. Drainfleld Size (other)s ft. Outlet Invert Elevation Set: + r�"� (other)Sq. High water Table: Reviewing Sanitarian?±cd• . 1 1.. -_ a lost I1 d Tanks) ieve01: Ye Yes�_V`No. Yes-2LNo Outlet Invert Elevation;+d'_1_ Dimensions of bed/trenches: l.S_ft. by /,V Ft. Total square feet: Number of drainlines:" Length of drainline; 5 Drainlines graded to slope: Yes�No Dosing: Gravity�Mecl�anical Setbacks (bui ldrn "'�"'�-� g, property lines, wells, surface waters) observed: No Yes indicate the approximate location of following on adjacent plot: I. Hou e. ?. Stub Out 3. strtit t 'n4: A'd drainfield S 4. Wei Comments: Approved: Not Altiprrwed: fly: X I1i(Jl��irc,i,G��r[ ri xlf S_. Ae KOO: r at ALTAI, Ago rs ", low 11, Q oos PLIIASB MIAK I C}f@ CM8 PAYANLUO a r A B6 R6) OF R.00NTY Sil Mf�6lvN �� COLLIER COUNTY, FLORID433"2 PERMIT NUMBER i APPLICANT NAME ° f APPLICANT ADDRESS CITY I CHECK NUMBER sn .a TELEPHONE 113-113-8510-3221-2211 $ ��' PERMIT EXT 113-113-8510-3413-4135- $ MAPS AND PUBL 113-113-8510-3212-2121 $ COMPETENCY CARD 113-113-8510-3212-2122 $ " EXAM—/ / 113-113-8510-3419-4198 $ ADJ. & APPEALS 113-113-8510-3224-2249 $ _ REINSPECTION FEE 001-113-3110-3292 2920 $ �. " '"1 RIGHT OF WAY 8/3 113-2085 $ ":= SEPTIC TANK B/S 113-2086 $ WELLS B/S 113-2091 $ NORTH NAPLES F.D. B/S 113-2092 $ EAST MAPLES RD, B/S 113-2093 $ MARCO ISLAND F.O. B/S 113-2094 $ GOLDEN GATE F.D. B/S 113-2095 $ BMITA-LITTLE HICKORY PD. B/S 113-2097 $ CORKSCREW F.D. PREPARED BY_l TL i � s � ON-4- i LIM »it No, Owner or Issued to: Job Naar:® Contractor. _ _ _Owae�' fiiqh�ggxx Avenue Mock _ is - _� U.jt � SubdFlgis2D; �: ,s To a" :! Date, ' tAt 19 �z t S. 1 V - 4., i h � rk Mgt ot r ti m INFORMATION ON ADDRESSES OF, AND LETTERS TO, ALL NEIGHBORS WITHIN 150' OF ALL FOUR CORNERS OF SUBJECT LOT • Affidavit of Compliance • Evidence of Mailings, receipt, list of all neighbors that letters were sent to and copy of letter sent to neighbor Page 81 of 232 AFFIDAVIT OF COMPLIANCE: 1 hereby certity that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, 1 did Live notice by mail at least 30 days after receipt of letter indicating that the application is sutticient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Signature of State of Florida County of C-eilTet'-MA- Lee- S� The foregoin AM vi of compliance was acknowledged before me this o� day of �by S U� ll AA , who is personally k-UY�'1 known to me or who has produced (� L.. as identification. (Signature of Notary Public) �r.c�t- � ' ��i,�1,��- lit c 5 t >�at ✓ Printed Name of Notary (Notary Seal) F� A` BRANDI FOUNTAIN.REISINGER Notary Public, State of Florida Commission>< NH 270348 tly comm. expires June 01, 2026 Page 82 of 232 1200 Mlchlgan Ave Nei hbors within 150 ` of property Notification Letter Subject Property 1200 Michigan Avenue To the East: David Bradley Glass 1212 Michigan Avenue Naples, FL 34103 Janice Anderson 1236 Michigan Avenue Naples, FL 34103 To the West: Collier County Abandoned ROW Springcroft Prop LLC 1160 Michigan Avenue Mailing Address: PO Box 488 Bargersville, IN 46106 Joanne E Barcomb 1148 Michigan Ave Naples, FL 34103 To the North: Heather K. Nelson Paul H. Neils 1211 Michigan Ave Naples, FL 34103 Maria Gastaldello 1225 Michigan Ave Naples, FL 34103 U.S. POSTAGE PAID FORT MYERS, FL 33905 UNKEOSTdTFS FE9 21, 25 fOi ©L SE�V¢f • A MOUNT 0000 $ QV . 4 5 S23240500398-11 &�("4 1az .7 V /D3 Page 83 of 232 A) Say It-1)z Peggy Elise Singarella Fst 1231 Michigan Ave Naples, FL 34103 Wayne R. and Mae F Kopren 1 151 Michigan Ave Naples. FL 34103 To the South: Top Gun Paradise LLC 1159 Cypress Woods Drive Mailing Address: 1121 10"' Ave N. Naples, FL 34103 Top Gun Paradise LLC Cypress Woods Drive Vacant Lot: No Municipal Address Mailing address: 1121 10t' Ave N. Naples, FL 34103 Alden Rodriguez 1203 Cypress Woods Drive Naples, FL 34103 Garett Hyman 1219 Cypress Woods Drive Naples, FL 34103 Hedden Revocable Trust 1235 Cypress Woods Dr Naples, FL 34103 Page 84 of 232 aN01 N%13 a3� W & W l ,inlitedl 111C. 3201 Taniiatni 'frail North Suite 102 Naples, F 1, 34103 G 025 Maria Gastaldello 1225 Michigalt Ave Naples, FL 34103 Dear Ms. Gastaldello, ter, Kimberly Willkomm, I have madformal e a Please be advised that on behalf of my daugh lations as application to Collier County for a variance from the requirements of the zoning regu they apply to the following described property: 1200 Michigan Avenue, Naples, FL 34103, aka Bad Ave Block F Lot 1. daughter's request is that this lot be granted a 9•0' nonconforming corfrom lt from the required he LDC See. My � 4.02.01A and LDC 9.03.03.A.5, for a legal3.5'for the new al 12.5 west front setback to a new setback of 3.5' for the development tao.�fi-wells required dpto residential structure and its accessories and for from the raised rem porch down to the back give access to the main raised living area yard, pool, and pool screen enclosure. r__ &,.,, .o+hack adiaeent to vacant land owned b Collier Coun o _- __71 .,.,+ adversely affect you ro er interest. will In order to Pro" You an Opportunity to become fully aware of our intention, I hone,attempt� r° de contact you directly within the next few days. Please feel free to contact me by p e any questions regarding this request. email if you hav Sincerely, , Mom' S. I lkomm W & W Limited, Inc. 3201 Tamlami Trail North ,Suite 102, Naples, Ff, 34103 23 9--269-0357 perfectiNap IPsi6`Vmail,cc�m Page 85 of 232 WOO'l1b'WJ@7S31d`dN1O3Hb3d N LS£0-69Z-6£Z 9£LLSOIll3 *S'S).2it/W NV-ld 31lS a3SOdO�Id } N z WWO�II11mIIM m 00 `" O_ ONI`a311WI1M'8M WWON��IM AIN38WIN z w Ln U H > :b3allne o T- o ui I u v O y u C � O Y un U n a W N Z d' O V) F O w LL ZO ~O Z LL 0 U) U L.L Z W z W p o O z= u N z O n u r °a z z w co= o U) O W U) U D Y O Z w Q z m -j LU w LU a LU Q mU7 O �N wu a N a ' w Of --I----------------�---- i : � O Un I � I u i •CD w o w N 9.0 • u : u U) 5.0 7.5 I I � J = 0 W a NwZ xg I DQ�Q LO • w = > N L O W N Y Y z u Q U Q m W � I U � Z f� O p M d z U I Q I I m p I I I I : I p I I I LO I H I z I Z • I � I a I I I � I I O I U- W p, p Lo LO o I J I _ I m I �& p Q U- H I � I LnZw 0 Q Lu 0 0 LU I> Vl 0 ~ = Lu O W V) ZO p l Z U Q = O m Q w a 7.5 35.0 4.0 3.5 Lu zz z z 0 p U) 0 L.L O O N �12,5 J c`ni o J ^ o Ln J N I Y w U w U ' z Q m zQ zQ I O w O w : V) U V) I U N I • O w ---__—__—__—__—__—_ z z O 1200 MICHIGAN AVE 50.0 z N N NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner (HEX) at 2:00 P.M., April 10, 2025, in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610, Naples FL 34104, to consider: PETITION NO. PL20240010021 VA — REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.01.A AND SECTION 9.03.03.A.5 TO DECREASE THE REQUIRED RMF-6 ZONED FRONT YARD SETBACK FOR A LEGAL NONCONFORMING CORNER LOT FROM THE REQUIRED 12.5 FEET TO 3.5 FEET ON THE WEST FRONT PROPERTY LINE FOR THE DEVELOPMENT OF THE NEW PRINCIPAL RESIDENTIAL STRUCTURE INCLUSIVE OF ATTACHED EXTERIOR STAIRWELLS AND THE PORCH, POOL, AND POOL SCREEN ENCLOSURE ACCESSORIES ON APPROXIMATELY 0.15 ACRES LOCATED AT 1200 MICHIGAN AVE, ALSO KNOWN AS LOT 1, BLOCK F OF THE BAD AXE SUBDIVISION IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ME FEW 01111 0 a -A IV All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Page 87 of 232 Copies of staff report are available one (1) week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division; 2800 North Horseshoe Drive, Naples, FL 34104. As to any petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr, Naples, Florida 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Andrew W. J. Dickman, Esq., AICP Chief Hearing Examiner Collier County, Florida Page 88 of 232 oz we .i Collier County GROWTH MANAGEMENT COMMUNITY DEVELOPMENT Planning & Zoning Division 2800 North Horseshoe Drive Naples, Florida 34104 PUBLIC HEARING NOTICE 1200 Michigan Ave (VA) Petition Type: Variance Petition No.: PL20240010021 Planner Name: Sean Sammon Phone: (239) 252-8422 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property. Sperling CT z Sperling AVE e<�`r z z r � � Y Michigan AVE L r LL d a� Cy ress Woods DR Project o Location Hollygate LN liernin way PL e For more information, or to register to participate remotely: https://bit.ly/PubIic_Hearings *Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues — X0 For difficulties registering please call Ailyn Padron at (239) 252-5187 or email to ailyn.pad ron@CollierCountyFL.Gov. Hearing Examiner: Date: 4/10/2025 Time: 02:00 PM Location: GMCD Conference Room 609/610 2800 N. Horseshoe Dr, Naples, FL 34104 Meeting information: Individual speakers may be limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Hearing Examiner will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. See reverse for more information Page 90 of 232 Hearing Examiner to consider the following: PETITION NO. PL20240010021 VA - REQUEST FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4.02.01.A AND SECTION 9.03.03.A.5 TO DECREASE THE REQUIRED RMF-6 ZONED FRONT YARD SETBACK FOR A LEGAL NONCONFORMING CORNER LOT FROM THE REQUIRED 12.5 FEET TO 3.5 FEET ON THE WEST FRONT PROPERTY LINE FOR THE DEVELOPMENT OF THE NEW PRINCIPAL RESIDENTIAL STRUCTURE INCLUSIVE OF ATTACHED EXTERIOR STAIRWELLS AND THE PORCH, POOL, AND POOL SCREEN ENCLOSURE ACCESSORIES ON APPROXIMATELY 0.15 ACRES LOCATED AT 1200 MICHIGAN AVE, ALSO KNOWN AS LOT 1, BLOCK F OF THE BAD AXE SUBDIVISION IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Page 91 of 232 - _ - � • `� ;} a lam" � �ti � c' 1 �/' , i 4 � .:' � 00 �. { Fly. 7 • —��' ;_ . • - e Ik t or um • 116 • • • ` ,fir . �R„ • � � ' _. op cn 131 IF r�I • H / \ 1 i s• n, �.,► !� '�'''I 1 9,w'! `e YYY!""" '-U,t, '..� t'l - _ i�, r •)�`X>ii�,: A` "�i �. �� '�'' �. � �• �+, 0�` �' '�:.4r� .,. i2 �• '� '-� ,1�� 'Ire"�� `�R i i 40, - -.1 j��..-�'. -� `�.�Y��i�t�"?�e::.•Pl � iii1�1'Si i • J e�'�. 1 � �� i I I I l , - ffif Ir �TL( M.N.nip ♦ �" '!'.l•"... Lii 'an t �• ?s'.M1. , _ " \: .. 4/10/2025 Item # 3.13 ID# 2025-1063 PETITION NO. PL20240011048 CCSV - Beachmoor Condominium 9051 Gulf Shore Drive - To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for 95 feet for fences along the northern and southern property boundaries; 70 feet for a paver walkway; and 61 feet from the Coastal Construction Setback Line to allow for additional pavers in an existing paved area. The subject property is located on property at 9051 Gulf Shore Drive and further described as the Beachmoor Condominium recorded in condo book 16 page 18 City of Naples, Collier County, Florida, in Section 32, Township 48 South, Range 25 East. [Craig Brown, Environmental Services Manager] Commissioner District 2 ATTACHMENTS: PL20240011048 Beachmoor Condo CCSV CRB Staff Report_JC Attachment A - Back up Package Attachment B - Conceptual Site Plan Attachment C- Legal AD and HEX Sign Post Page 95 of 232 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: APRIL 10, 2025 SUBJECT: PETITION CCSV-PL20240011048 (9051 Gulf Shore Drive) Owner: The Beachmoor Condominium Owner Association, Inc. 9051 Gulf Shore Drive Naples, FL 34108 REOUESTED ACTION: Agent: David Morris, P.E. Q. Grady Minor & Associates, LLC 3800 Via Del Rey Bonita Springs, FL 34134 To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal Construction Setback Line (CCSL) Variance, in accordance with Land Development Code (LDC) section 9.04.06, for 95 feet for fences along the northern and southern property boundaries 70 feet for a paver walkway; and 61 feet from the Coastal Construction Setback Line to allow for additional pavers in an existing paved area. GEOGRAPHIC LOCATION: The subject property is located at 9051 Gulf Shore Drive and is further described as the Beachmoor Condominium, recorded in Condominium Book 16, Page 18, City of Naples, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The proposal consists of installing a fence/gate and installing pavers seaward of the CCSL. The condominium is currently addressing site modifications through an insubstantial change to the site improvement plan under application PL20230018146. Page 1 of 7 Page 96 of 232 The proposed improvements require a public hearing before the Hearing Examiner to consider approval of a Variance to build the seaward of the Coastal Construction Setback Line (CCSL). The aerials provided by the petitioner depict the subject property, including both existing and proposed structures, in relation to the CCSL, as well as other beachfront properties adjacent to the subject property along Gulf Shore Drive and Vanderbilt Beach Road. The applicant proposes two six-foot fences with a gate on the dune walkover that will extend 95 feet beyond the CCSL. The fences and gate will be placed approximately 121 feet from the Mean High -Water Line (MHWL). The applicant also proposes to relocate a 157-square-foot paver walkway to align with the dune walkover. The realigned paver walkway will begin 70 feet beyond the CCSL and extend 25 feet to the dune walkover. The pavers will be approximately 121 feet from the Mean High -Water Line (MHWL). Lastly, the applicant proposes to add 39 square feet of new pavers to expand the existing paved area. The new paver walkway will be 61 feet beyond the CCSL and approximately 145 feet from the Mean High -Water Line (MHWL). The illustrations for the proposed improvements are provided in the Application and Supporting Documents (Pages 63, 66, and 67). Trade Winds 100t"VE N AVE LLa oon AVE 99WAVE N 98th AVE N ti Sayside AVE y p 96th AVE N Project 9 5th A Location- 94 N 451 f r-rTT--fTTT T 93rd AVE N �—I� 92nd AVE N 91 st AVE N e►'6rll S - t� c SITE PLAN The Aerial/Construction Site Plan is ten pages long and is provided in the Application and Supporting Documents. (Pages 59-68). The site plan on page 68 is a close-up of the proposed improvements seaward of the CCSL. Page 2 of 7 Page 97 of 232 SURROUNDING LAND USE & ZONING: Subject Parcel: Condominium development with a zoning designation of RT-VBRTO. North: Condominium development with a zoning designation of RT-VBRTO. South: Vanderbilt Beach Road, followed by Pelican Bay PUD. East: Gulf Shore Drive, followed by One Naples MPUD. West: Gulf of Mexico. .a - � --s, •I�pe fi� 4O=25�_3' - � �, a � � � • GAL 4 Mao EM `1 � � r Aerial exhibit provided by Collier County GIS. GROWTH MANAGEMENT (GMP) IMPACT: Conservation and Coastal Management Element of GMP. OBJECTIVE 10.4: Restore and then maintain, when appropriate, developed coastal barriers and developed shorelines by establishing mechanisms or projects that limit the effects of development and restore the natural functions of coastal barriers, including beaches and dunes. Staff comment: The policies below primarily address the need for dune restoration on developed shorelines. The applicant has provided a dune restoration plan approved by PL20200002200 that must be completed before a certificate of occupancy. Page 3 of 7 Page 98 of 232 Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Staff comment: The proposed project requires the removal and treatment of invasive exotic plants from the beach dune vegetation; dune restoration will be required prior to the final inspection for the improvements. Policy 10.4.3: Collier County shall prohibit activities that would result in man -induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based on available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach erosion. Staff comment: The proposed project will not impact the existing beach dune vegetation and not create beach erosion. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Staff comment: The proposed project includes dune restoration of disturbed areas that has been reviewed and approved for CCSL permit (PL2020000220). Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Staff comment: The proposed project includes dune restoration of disturbed areas that has been reviewed and approved for CCSL permit (PL2020000220). Staff has included a condition to the CCSL Variance approval to ensure this policy is implemented. Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction Setback Line except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction will be as far landward as is practicable, and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. Staff comment: The proposed structure aligns with the contiguous and adjacent structures on neighboring properties and will follow the natural dune profile, thereby further enhancing the overall beach dune system. GMP Consistency Summary;, The proposed variance is consistent with applicable provisions of the Growth Management Plan Objective 10.4. for the reasons stated above. Page 4 of 7 Page 99 of 232 STAFF ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.06. Staff has analyzed this petition relative to these provisions and offers the following responses: A. The coastal construction setback line shall be that coastal construction setback line established by the Department of Environmental Protection of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12, inclusive, recorded on October 31, 1974, as Clerk's Instrument No. 365665 in the public records of Collier County, Florida. Staff Comment: The proposed structures and improvements are seaward of the CCSL. B. Setback lines established under this Land Development Code shall be reviewed upon petition of affected riparian upland owners. The Board of County Commissioners (BCC) of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by the petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave up rush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled Staff Comment: The applicant proposes to install a fence with a security gate and pavers (157 sq ft) at the dune walkover; these structures are approximately 121 linear feet from the Mean High - Water Line. Additionally, the applicant proposes adding 39 square feet of pavers to the existing walkways. These pavers will be approximately 145 feet from the Mean High -Water line (MHWL) (Application and Supporting Documents, page 63). C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Staff Comment: The petitioner has provided a dune enhancement plan as required by the GMP policies in Objective 10.4 and LDC section 3.03.06. (Application and Supporting Documents, pp. 69, 99-105). D. If in the immediate contiguous or adjacent area, a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. Page 5 of 7 Page 100 of 232 Staff Comment: The properties located both north and south of the subject property have similar beach access structures that extend beyond the Coastal Construction Zone Line (CCSL). The installation of the fence, gate, and pavers is consistent with other structures in the area. Based on the review of the information provided, staff believes the proposed structures will not create or be affected by erosion. Please refer to the attached Application and Supporting Documents, specifically pages 114-116, for the applicant's variance justification responses. This Variance petition was not required to be reviewed and approved by the EAC. RECOMMENDATION: Staff recommends the Collier County Hearing Examiner (HEX) approve the CCSL Variance for Petition CCSV- PL20240011048 with the following conditions: Standard conditions: a. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems, and an approved FDEP permit shall be obtained and copies provided before issuance of a Collier County Building Permit. b. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Chapter 3, between May 1 — October 31, sea turtle nesting season, without first submitting and obtaining any required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. c. The Petitioner shall notify the Environmental Planning Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL (239-252-2400). d. Outdoor lighting associated with construction or development within 300 feet of the high tide line shall comply with Chapter 3 of the Collier County Land Development Code. e. Petitioner shall utilize only native coastal dune vegetation for all on -site landscaping seaward of the 1974 Coastal Construction Control Line. f. The Petitioner shall re -vegetate the dune, where it is devoid of coastal dune vegetation, and in any areas disturbed by the proposed improvements. Re -vegetation shall be completed, according to the plan submitted to and approved by Collier County Environmental Staff, before the issuance of a Certificate of Occupancy. g. Minor revisions to this variance approval, including changes in siting and structures, may be approved in writing by the County Manager or their designee. Site -specific conditions: Page 6 of 7 Page 101 of 232 h. All invasive exotic plants listed on the Florida Exotic Pest Plant Council's (FLEPPC) list, Categories 1 and 2, must be removed from the existing beach dune vegetation. i. Any gopher tortoise and or gopher tortoise burrow(s) located on site must be protected in accordance with LDC 3.04.02. j. All areas seaward of the CCSL, outside the footprint of approved structures and improvements, shall be left in their natural condition or landscaped using exclusively native coastal dune vegetation. Application and Supporting Documents Page 7 of 7 Page 102 of 232 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a variance or parking exemption. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified The said notice contained the laymen's description of the site property of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance. (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this V day of March , 2025 by Dra ri known tDme r who has produced (Signature of Notary Public) Printed Name of Notary who is ersonally as identification. (Notary Seal) Notary Public Slate of Florida of !1 Brandon L Marcus MyHH 56472ian Exp. 4/712026 Page 103 of 232 HEARING PACKAGE CHECKLIST Return this form with printed materials A. Backup provided by the County Planner The Planner is responsible for all required data included in the printed packets of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN `BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. x Application, to include but not limited to the following: X Narrative of request X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control Affidavit of Representation Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) NIM Information (Sign in sheet, notes, minutes and transcript/or summary) ✓ Include 3 thumbnail drives of video and/or audio Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Page 104 of 232 x Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Submerged Resource Surveys may be included here if required. CD with only one pdf file for all documents in the same order as the packets are put together. Thev must be in the same order. I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for all copies of backup materials to provide to the Hex/CCPC and the CD must contain the documents in one pdf file (not multiple files) in the same order as the printed materials. It is the agent's responsibility to ensure no documentation is left out. 29avid Atomic Signature of Agent Representative David Morris Printed Name of Signing Agent Representative 3/18/2025 Date Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\JobAides orHelp Guides Page 105 of 232 GradyMinor Civil Engineers • Land Surveyors . Planners . Landscape Architects September 19, 2024 Client Services Collier County Growth Management 2800 N. Horseshoe Drive Naples, FL 34104 RE: Beachmoor Condominiums Coastal Construction Setback Line Variance Petition Submittal 1 Dear Client Services: This CCSL Variance Petition proposes to add 6 linear feet of fence on each side of a previously permitted man gate & dune walkover (Collier County CCSL Permit CCSLP — PL20200002200). The proposing fencing extensions will serve as added security to deter unauthorized entry onto private property by walking around the man gate between landscaping and said man gate. The man gate is also proposed to be aesthetically enhanced. The proposed fence extensions have been highlighted on the included SIPI site plan. Dune restoration is included in the previous permit. The only other work proposed seaward of the CCSL line is the relocation/shifting of a +/-149 SF paver walkway approximately 6' to the south to line up with the rear entry to the building, the addition of +/-8 SF of pavers to said relocated walkway, and the addition of +/- 47 SF of pavers by the NW corner of the westernmost covered parking spaces to mirror the same paver configuration by the SW corner of the westernmost covered parking spaces. In support of this application, please find the following items: 1. Cover Letter 2. CCSL Variance Petition Application 3. Addendum 4. Application Fees — To be paid online. 5. Addressing Checklist 6. 81/2"xI 1" Plot Plan 7. DEP Permit — To be provided prior to construction. 8. Aerial Photograph — See SIPI Plans. 9. Affidavit of Authorization 10. SIPI Plans 11. Survey 12. Man Gate Architectural Plan 13. Existing Permit CCSLP — PL20200002200 Q. Grady Minor and Associates, LLC Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com G:\Engineering\PROJ-ENG\B\BCSDPA\Civil\03Desim and Permitting\00 CCSL\Variance\CL - Client Services.docx Client Services Beachmoor Condominiums Coastal Construction Setback Line Variance Petition March 6, 2025 Page 2 of 2 Please feel free to contact me should you require any additional information. Sincerely, Dominic M. Strollo II Project Manager DMS:jlt G:\Engineering\PROJ-ENG\B\BCSDPA\Civil\03Design and Permitting\00 CCSL\Variance\CL - Client Services.docx Page 107 of 232 GO [ ier COunty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 ENVIRONMENTAL PLANNING (239)252-2400 FAX (239)252-6358 www.col I iergov. net/esd COASTAL CONSTRUCTION SETBACK LINE VARIANCE PETITION APPLICATION PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED/DUE DATE For Staff Use Only ASSIGNED PLANNER Date of Public Hearing: BCC Approval: Yes ❑ No ❑ Conditions of Approval: ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF OWNER(S) The Beachmoor Condominium Owners Association, Inc. MAILING ADDRESS 9051 Gulf Shore Dr., Naples, FL 34108 TELEPHONE # FAX # E-MAIL ADDRESS: stepmar@optonline.net NAME OF AGENT Dominic Strollo — O. Grady Minor & Associates, LLC MAILING ADDRESS 3800 Via Del Rey, Bonita Springs, FL 34134 TELEPHONE # (239) 947-1 144 FAX # E-MAIL ADDRESS: dstrollo@gradyminor.com PROPERTY INFORMATION Legal Description of Property: THE BEACHMOOR CONDOMINIUM RECORDED IN CONDO BOOK 16 PAGE 18 CITY OF NAPLES, COLLIER COUNTY, FLORIDA. Street Address of Property: 9051 Gulf Shore Dr., Naples, FL 34108 Present Zoning: RT-VBRTO Present Use: Multi -Family Residential - Condominiums COASTAL CONSTRUCTION SETBACK LINE VARIANCE REQUEST LDC 9.04.06 Proposed Construction/Activity: (2) 6 LF fence extensions next to Dune Walkover, +/- 149 SF of relocated brick pavers, and +/- 47 SF of new brick pavers Ground upon which petitioner relies for the granting of the variance. Please include relevant LDC section: See Addendum included with this Variance request. Page 108 of 232 Co*jer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 ENVIRONMENTAL PLANNING (239)252-2400 FAX (239)252-6358 www.colliergov.net/esd 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line A. The coastal construction setback line shall be that coastal construction setback line established by the DEP of the State of Florida pursuant to F.S. § 161.053 and recorded in Coastal setback line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The BCC of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. C. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. D. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the BCC. E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. F. Reserved. G. Procedures for obtaining variance. A written petition requesting a variance from the established setback line shall be filed with the BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; C. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. I have read and understand the applicable sections of the Collier County Land Development Code. Page 109 of 232 ,P) Collier County Addressing Checklist GMCD Public Portal Land Development Code Administrative Code Please complete the following and upload via the CityView Portal with your submittal. Items marked with a * are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information *Name of Owner/Agent: Dominic Strollo Firm [if agent]: Q. Grady Minor and Associates, LLC *Address: 3800 Via Del Rey *Telephone: (239) 947-1144 *City: Bonita Springs Cell: *E-Mail Address: dstrollo@gradyminor.com Location Information *State: FL *ZIP: 34134 Fax: (239) 947-0375 *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: See attached list. Parent Parcel ID: 27480040003 S 32 / T 48 / R 25 *Legal Description of subject property or properties [Attach list if necessary]: HE BEACHMOOR CONDOMINIUM RECORDED IN CONDO BOOK 16 PAGE 18 CITY OF NAPLES, COLLIER COUNTY, FLORIDA. Street Address(es) where applicable, if already assigned: 9051 Gulf Shore Dr. Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colhercountyfl.gov/ Page 110 of 232 Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -approval of project name and/or street name may be requested by contacting us at GMD Add ressing(a)colliercountyfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Beachmoor Condominiums Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] PL20200001993 Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. ❑x List of additional folio numbers and associated legal descriptions. ❑ E-mail from Addressing Official for any pre -approved project and/or street names. ❑ Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development • Operations & Regulatory Management 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colhercountyfl.gov/ Page 111 of 232 - o-� S_1fP ay DR Street i4ames - - _ parcels Aertats 2023 Urban 16IN A Aerlats2423Rurall2frf ,.S�i 1 '•. -- d- M1 -.... - Co]Iler County c. v Y - Folio Number: 23470040004 Name: CULLEN J DAVIS REV TRUST r Street# & Name: 9051 GULF SHORE DR Build# / Unit#: / 101 rF �ababnrBeneRD, Legal Description: BEACHMOOR, i;A THEACONDOMINIUM UNIT 101 �'ti'anyardR`Raarn_- 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 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Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Dean Thurman Non Profit Bonnie Kaminski -Cox Non Profit David N Galloway Non Profit Lisa Esteve Non Profit Kris McCormick Non Profit If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Page 1 of 3 Page 114 of 232 Co*e,r County 0 e f f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, JLUL.RI IUIUCI J, UCI ICI lual ICJ, UI i.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired 6/6/1 978 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 115 of 232 Co*er Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signature Lisa Esteve Agent/Owner Name (please print) 12-13-2024 Date 01/2023 Page 3 of 3 Page 116 of 232 _ f � r02PC 03713 DECLARATION of Cot4DC)mmiuM FOR THE BEACHMOOR, a condominium 9051 Gulf Shore Drive Naples, Florida 33940 MADE this 6 day of 197%, by LIMITED BEACM40OR ASSOCIATES/ a Florida limited partnership, called Developer, the owner of feo simple title to the Land described herein, and in and by which Developer makes the following •y declarations: - i 1. SUBMISSION TO CONDOMINTg UA1 OWNERSHIP. Developer hereby su�.n.Lts to tha coil 0111 rn ox oir,lership and use the land described in Arti=isle 3 hereof, the improvements now and hereafter situated thereon, and the easements and righ+:s appurtenant thVreto (the "Condominium Property"), pursuant to Chapter 718, Florida Statt:':es, 1977, as amended to the d�ite hereof (the "Cord:orminium Act") . 2. NAME ARID ADDRESS. The no.m..e. by which this condominium is to ba lde-ntHl-ediss T -L] HrAC12100R, A CONDONINIUM, sometimes herein called the "Condominium". The street address is: 9051 Gulf Shore D"rive, Naples, Florida 33940. r 3. Tj-.F LhND. The land sub-mitted to Condcmini- m (the "Land") i.•s 7. M.uai.cd in Collier County, Florida, and is described i.n Exhibit "A" annexed hereto as a part hereof".` A survey of the Land is annexed hereto and made a part hereof as Sheet 1 of Exhibit "C" . 4, DESCRIPTTCN OF COMD0� 1-11NIUM PROPERTY. The description of the improvements comprising pare R the condominiu:-n property, consisting of 33 apartment units located in one building, including an identification of each "Unit" (as defined in the Condominium Act and herein) by number, constituting a graphic description of the building in which units are located, is annexed hereto and made a part hereof, as Exhibit "D". Exhibit "C", consisting of the land survey, and Exhibit "o" consisting of a description of the improvements thereon, together with this Declaration, identify the "CorNnon Elements", "Limited Common Elements", each Unit (as those terms are defined Page 117 of 232 82 �.l�. 882 PG 0379 herein), and their relative locations and approximate dimen- sions❑ and plot (site) plan of the improvements is annexed part hereof as Exhibit "C". The improvements are further described as: A. RESIDENTIAL SUILI3ING one building , The improvements include wxt ll typlca loors together with a ground floor. Each building also contains Common Elements such as, but not limited to, a non --resident manager's office, social room with kitchenette, mail room, Meng and women's restrooms, lobby area, two mechanical and electrical rooms and a trash room. The build- ing also contains Limited Common Elements, such as but not limited to, the balconies outside the apartment units and 17 parking spaces_ B • OTHER ID;PRDt7E�iEidT5 • In addition to the residential building �S tuated therPo ,. z the Cox7rls-)rni.nium, Property also incine: -s irLlprovern,` nt3, oth4_- than the, iesidcr�tti.,7 building, co;isisting of the Covi i"etA parking area tvhi_ch has space for 7 covered parking spaces, a d a�ml pool. and 26 additional uncovered parking spaces, and all and structures ar:d improvements tnhich are not part of or located wi.thi_n tiie residential building, such as wires, cablos, drains, PiPez, ducts, conduits, valves and fittings. 5. U111T.3 , C0 1!'101.; RM12,MFTS A21D LT:•i�. ED CDi+L'tixr'N I:Lf_i.T;i�T� . The Co;Yuoiai xn um will consist_ of -"Units" CoiF1iA� 21 i �iiiellt 3 and "Li?.:iter? CorzZi:7t7 E14a]%4n I.S tr3Fi5 + , as those are herenx dcrinea, A. LT14I'1'S . T11C tc-r-,, "Uili" r as used herein, shall raecn and the 13 separate dwellings in the Condominium which are locatcl and individually described in Exhibit "D" hereto, excluding hol,ever. : (1) all spaces a»d improvements lying beneath th u- dccorat:ed and/or- unfinished inn.e_ surfaces of the perir :cteJ7 1 << 1 1s and floors, artd a;0o ve tk:Q lowest horizontal plane of the u-_ per structural elcment of each Unit; and (2) all spaces and improve-ments lying beneath the undecorated and/or unfinished inner surface of all. interior columns, bearing stalls and/or -bearing partitions: and (3) all pipes, ducts, vents, wires, conduiLs and other facilities, equipy.nent and/or fixtures running through any interior trail or horizontal or vertical partition of :a Unit, for the furnishing of utility services, heating and coolinany?/or ventilation to Units, Conunon Elements and/or Limited Common Elements. - 2 - Page 118 of 232 B. COMMON rLEr]r;NTSOR 982 PC 038 . " used herein s]a The term Common Elements", as ' mean and comprise all of the real property of the Condominium except units including, without limitation: (1) easements through Units plumbing, wiring and other ffor conduits, pipes ducts, vents, for the furnishing of acilities, equipment and/or fixtures and/or ventilation to utility services, heating and cooling Units and Common Elements; and (2) easements of support in every portion of a Unit which contributes to the support of other Units and/or Common Elements; and (3) installa- tions for the furnishing of utility services to more than one Unit or to the Common Elements or to a Unit other than the Unit containing the installation; and (4) the property and installations in connection therewith required for the furnishing of services to more than one Unit or to the Common Elements; and (5) fixtures owned or held for the common u:e, benefit and enjoyment of all owners of Units in the Condominium; and (6) the riparian and/or littoral right appertaining to the Land, if any. C. LxIM��rr} CpA;P7�N rr,EIrITS. "Limited Corrur�on Elea=n''s"� a s tl]: te. in �----- - c x`], s11r 1 and cd.ap):isu the Coiw,r_ n Elements t�•hi.ch are re, her �. r e: n, or assigned or g:� anted separately he�=e{z:flra, to3: tiz2 use of a certain Uil:_t or. Un:i.ta i:o the exclu"ie:n o:. at:.litir Units, coi,si.z 4ixag of the fnllo'sailig: (1) To etch Unit in the Con&)minicun, the grotuid floor or cot>t-_red autoMObile parking space assigned and res:rued by the Eca-,a 0 Dz ,:: Z. rs�rts of the_. Condoirt.-MiX.-u for iuc ti;l i L . (2) To all U11ii.,.; i.7] iho Ca::cso:ui+�ium bt]i_ldi;3St for the collmcr•1 ]a7_-w and ell j oyni en t of she ov3:lars and Ui t�ly '�7?7. _ i i3 '"' = [? L2: -F i?{? their invitees, the .1-ob Y, tra:'h room, A. z� e►7�, elz;vato s, stai"sways and w,F"::te chu,!-..as ❑I. ji, :1h bit "D" hei:ul o as can "LCE" for tha Un servc:'' r ;.->>_ov _aed that, no-Uhing ha_-w:r xi cc3zztaiz7e0 s13a11 be construe l ::o [?t'� i_r I]�' C the el.-`,vaZ o 1[];3}J?.� it trash TC)bz-as or gent-.::-.1 tst '�_3.1t:y r-o-n s a}aav3 -hC� fi:-st f100-: of each btu-:,?-d_.:1R as a Likli te. Cc:_:cra,):t for a —y Units nxcept 1Uni-r. on such floor. r ( 3) Thu balconi* eci , parchr:n o?- tJrraco ; adjacent to caclz u. it. 6. APPt]RTEWAx,CES TO UNITS. These shall be. ap,`i, u tencuitr and puss wi.43i :::�i:ie, fu each Unit t11W riyl1ts, :hares, ar,d interests provided by the Condnininium Act which sha].1 ba dc,:)ma,,c3 to inclt!de, without limitations, the following: I I -3- Page 119 of 232 &R. 882 N% - -03$44 A. An undivided share in the Common Elements and in the "Common Surplus,) (as that term is elsewhere herein defined). The undivided share in the Common Elements and the Common Surplus of the Condominium building is that proportion of the total set forth, as a fraction, in the schedule which is annexed hereto and made a part hereof as Exhibit "B"I and B. The right to use exclusively, or in common with certain other Units where so specified, those portions of the Common Elements designated and/or reserved herein and/or granted elsewhere to a certain Unit or Units as Limited Common Elements; and C. An exclusive easement for the use of the air space occupied by the Unit as it exists at any particular time (as shoran on Exhibit "D" hereto) and as it may lawfully be altered or reconstructed from time to time, which easement shall be terminated automatically in any air space which is permanently vacated from time to time; and D. Non-exclusive casements to be u,jad and enjoyed in commnon with t:he owners of all Units in the Condominium, for use of those_ CoMmon Elemr�nts not designated elsewhere herein as Limited Comrtzon Elements, including without limitation, easements for. (1) The furn? shing an ' maintc:aance of public Utility SerViCes to all palts of t'11Y rCak PrOpOrty Of the Condominiora over, across, in and throucjh the Land, b,*ildings and other :;_mprovei-a an. is , as the fixtures and equipment therefor now e):i.rst an6/or may be modified or relocatcd, and (2) Vehicular and pedcstri.a.n access over, across, V,,o,,, in and thro :gh the drives, entries, gaic^, walks, grounds, �:_.� othc_r porti.oi F if any, of the Common Ele eats as are int_Cn.(j anu/or provided fox pedes'rian and veh:icca�.ar traffic the Condominium; and (3) Recreational pur_po.ses, in and.to the swimming pool and z elated fixtures and equipm,,:nt; and E. An exclusive easement for the unintentional and non -negligent encroachment by any Unit upon any other Unit or Common Element, or vice versa, for any reason not caused by or resulting from the willful or negligent- act of Developer or any Unit owner_ or owners, including without limitation, encroachments caused by or resulting from the original construction of improvements, which exclusive easement shall -q- Page 120 of 232 exist at all times during as an easement appurtenant improvement. to the extent O.R. M r,U` 038;5 the continuance of such encroachment, to the encroaching [snit or other of such encroachment; and F• An exclusive easement for the use of the area of Land and air space occupied by the air conditioning compressor, and the equipment and fixtures appurtenant thereto, situated in and/or on Common Elements of the Condominium but exclusively serving and individually owned by the owner of the Unit, as the same exist in and on the building which exclusive easement shall be terminated automatically in any air space which is permanently vacated by such air conditioning compressor, and the equipment and fixtures appurtenant thereto; provided, that the removal of same for repair and/or replacement shall not be construed to be a permanent vacation of the air space which it occupies; and G- The right to membership in.th, "Association" (elsewhere herein defined), upon the tcrms and conditions snt forth else=. here herein. -_ --- -7. CG "MC]y EXpENSES AND COMMON 5E3r'k'I Uri • The term "Cr,:t?mur. Expenses", as uv d herr�i`�;; s'� 11 mean all expense;= for which all the ournors of Units in the Corgi• lonini,nn (except the Association) shall be liable to the Association. The tc_"m "Common SL:rpIus", as used; herei_n,_ shall tear the excess of all receiptu ref the Association, including w:?,Lh,)ut limi.t,,tion._ assessrne:zi s t rents, proms i is and revei;t�- s on accrsun t of tho Common Ei _.�n��izts, a.rcr- the amount of th;n Co:rzlon ExPense-. All of the owners of Units (except Ghe Association) ion) shall share the Coi inon Expc'_ ses ancl, shall ❑wn the Caiivlor! Surplu.a in 1_hS -propor- tions or perciai:tclges set fart1i in t3)e hC.reto and made a part h2rc-of as Ee hibit "13" - . C !' ':r RTGfi:. OF UVIT O[A?NERS , 'the o� .par oroxonars or each Unit��? a-t 1 bacor.o a meF�saex uoi in :Dh :rs of the ArsnciE:,:;_ari automatically- upc:i,, and sii-waltancot,sly with delivery of a deed of conveyance o fee title thereto from D:!vel pnr o_ , in a conveyance by a grantee or a remote g_-i;ntec of Develope-r- , a deed whir.iz has b,, en approved by the Association and others;,,ise complies 1,Titi'i the terrt: and conditions of this Dacia.: ;tics-r., the Articles of Incorporation and By -Laws of the Association. There shall be appurtenant, and pass with title, to each Unit one (l) vo'e as a member of the Assoc .c. tion, which may be exercised by the owner (s), or the duly constit-uted proxy of the owners), from time to time, of each Unit at all meetings of members and in conjsj7c4ion with all matters upon which members of Page 121 of 232 OR22Pw 0383g� the Association are entitled to vote. The qualification of of and manner !� members of admission to membership in the Association, the termination f of such membership and voting by members shall be as provided for in the Articles of Incorporation and Sy -Laws of the Association. 9. NAME Or ASSOCIATION, The entity responsible for the operation of�the Condoniiium shall be THE BEACHMOOR CONDOMINIUM, OWNERS ASSOCIATION, INC., Florida +i ## a corporation not. for profit (the "Association") , a copy of the Articles of incorporation of which i, annexed hereto and made a part hereof ' as Exhibit "E". subject to the rights preserved to Developer herein and in the Condominium Act to administer and manage the Condominium Property initially, the Association shall administer and manage the Condominiuun Property; providr�d that the Association may, to the extent permitted by the Condominium Act, by Cvntractr partially or wholly delegate its maintenance, manage:asnt and _opc? -ational dutic s and obl.igatior_:a . . 1Q. B�'-LAMS {3P ASSbCT?x'f'La1I. A copy of tl-7: Sy --Laws of th Association i.z a71ae::eoi rL��_�to and ra::ds a part hereof as - r%xhil.)ic �,P" _ .. 11. .2]NZIUJ?•'TENT ❑?;' Drr:T.,ARAT!oN, . Excen fO 'amendments %tilti ch Devclopar is ciL' i or.i�e�'cnci%a;: all _ ,Tated el -wher' herein: to rnahe and e-Kcr-_p _ as may he el et;hara herein or in the Condlnl 0.1"'U.31, Act c-kherwisc specifically proficad, this liaclarat:�On mI_y -anie:,ded only in the following auinner : A. N0':"ICI tdo :ice of the S1� J� t'C ; 3ii ttE:�� Clr any proper ad 'C-h1 S e C c•-?, 4i ? an shall. 17e i1lC lu :mod in t1z I7C7'i.x_r n of rsn� m ,.c: � .. - s a.,r_ wh i.c�.t such pzv�-p cc�.d a,m..aad.-a �at is to b coilside�_ _a. - - - - -- -� -: 171ZOPQf;AI . A mendmcnt.s to this ne:claraii� -an may jai pry p^s��d by tins Lnar« or Directors (thy: "Board") of the Associa4.ti nn 1 � by resolutJ_an a,3o17ted by a 1„ajo77ii-y vote of the Directors pr ran- at any regular- or special meeting of the board at which a cluo�-ti-:l is p2:csent or, in the alternative, by a written i instr•ur�ler. t sign^d by a majority of thY Hoard, or by the oer.1e3:7o r of a majority of the Units, wh--the-1.- by vo .a ow such o,.-mers as members of the Association at a special or regular meeting of the members or by written instrument signed by them. � C. ADOPTION. Any amendment to this Declaration so- - proposed by tFe hoard or members of the Association shall be transmitted to the president of the Association or, in the absence of the president, to a Vase President or other acting chief - r 6- Page 122 of 232 .f. '.. � 0384 e officer, who shall thereupon call adspecial vote meeon such 01 the emember�' of the Agxa�ided�nthatconsider proposed amendment may b® ti�oposea amendment; p Of the members cansiflexed and voted upon at an annual meeting to be held proposed f the e�ssociation if the next such meeting the The o n the time hereafter limited andif nof1suchce finecting�P With ent shall be included in t bey °f the member' amendm annual meeting, as the case may # nor later than special or shall be held not sooner than thirty ipt lathe Association Of tfp} days from the date of receipt by shah by in the sixtyshall be called the propose d amendment, Notice of the meeting an farm and shall Ue delivered and the meeting such meter. d as provided for in the Tay -Lams of then fined°bytiuc held member may, in writing _ pr°video that any such meeting in the manner provided when Ve notice Of any Waiver, �� its tsar in the By-La«s of the Association and such filing for shall be n or Secretary Of the F'r�SoCiati.o+ lr.seting delivereca t❑ the dvring or after such: 7 to such n1er�er• records, %ti�hethex befor-e, giving notic4 �xivalent of g and shall. become 1. construed to be thm-n he adopter=, such m£c; i.nq of The grOPOs"u anleadm�nt may ^ 2/3rds per �; ve r 13Y and upon the affirmative vote G ant effec i , U its to Vhich not less than GG members otrrri'lg appurtenant; PrO--led?thout a formal of the Common Tal-em�ents are cpd may be adopted, and that an1l �,meradT� e. t so rf'rb p an instxu+`xiun: exacu`-m rnlaer. s own ' ng my or11� zrcmber„ Y . ,ems of a deed by the Coirxao:� 3 �,:Lt:h tl-e for_mal�....,-�� 7/3� cis percent of acl-MO '--cdg� fo:.ego?.V g its to r�li?_vl=. not loss th�Not� = �h. Mina the Dec�_r i nrl or rr,, rt Stan- �4,T -� at nits 7 -L. c- n.ant • 1 C ; o t:11 4 r'z7t i i4J ap )u_ r_ rt m 1itul, PC G r ri❑ Or adcl� �woxi o�_ amenaa- r . provi_si_c�n5 for ame,Idjaent izz the Cando - a }��:�\r1S7.0175 any o �h�-r i „ as CI.YxS:,z4d in a,endmYia'4 ; v:n parcel 4 tl } change any ,+Condcln-.n_ s thereof and all LLIl G'SS the reccs� c: ow ner [ ) do•n-�_niu''� A�;t} t. Ss the shall ao�n in thu exocutio�� and the Co�� °i ],i i� Uh record ow+nu rs at the am.ezzdn^nt' or ; nst ac};nowle3gr�,ent ; nst a.1yn�tncx or ago discriminate ago- of the Condomini��n (2) rising pars all affected ❑ nits and [I:sii: buildin° co�aP " owners of in the exeMItion any °r t1le record o shall join property, unless thereon of all lren5 ❑x record ovrnexs t o f the amendment' and ackno'" ledgm'; n the share Of Common Elements appurtenant (3) Chanor the share of any Unit owner ill the to any Uni-t or Units, Common Surpl.u5• ►j Page 123 of 232 0.R. (0182 PO 0385 88 D • EFFECTIVE DATE AND r2r;CpRDING EVIDENCE OF AMENDMENT. knowledge it members oL t e AssocYati nv and ersons aviny actual knowledge of the adoption of any amendment to this Declaration, such amendment shall be effective as of the date of adoption or otherwise as may be specified in the resolution or instrument creating the ame ndment. without actual As to non-members of the Association the same shall knowledge Of an amendment to this Declaration, "' effective at the time the affected person acquires actual knowledge thereof or at the time of filing the amendment or certificate Of amendment in the Public Records of Collier County, Florida, Whichever occurs first. The President of the Association or, in the absence of the President, a Vice President or other acting chief executive officer of the Association, shall cause to be filed in the Public Recorder Of Collier County, F.lorida,the Original amendment to the Declaration, if it is in -l1e form of an instrument executed and acknowledged by Unit owners and the holders Of liens thereon, or a certificate of amendment, if it is a certification by the proper officers of the AssociatQlz •chat Loch amendment was adopted by the Association at a meeting Of the memo>2rS, A true and correct copy of each such am_.ndM37"L or certificate of amendment shall be delivered forth•, i.-th of ter adoption thereof to the record oTaners of all Ur_its and to the record ot;.jers Of all l-.ens on Unites, by the President, Vice President or other acting chief executive officer of the Assoc i a tlon . but delivery of such copies shall not bo a condi L ion precedent to the effect' ve7ess a:F any such amanc'rrent. 12. MATIT T 1NANC2, REP 4�TR? t T., D REPLACE!'11"N'.7s . Responsibi li Ly for rzuint i rt._c , rf37a ctnCf rE2PE7 ;ZcI ke'n:EZ �oj1 Condominium Propa-_-ty and pro;�erLv c,L Unit located or situated within the Condominitt-n ch.-_Il be as follows: A UNIT.2' . Each Unit, and tho fixtures, equipment- and appliances conipra.si.ng a part thereof, located tll3rein or exclusityely serving tlic same (not including, however, Limited Common Elemerit ?, shall be maintained,kept in good repair and replaced by and at the expense of the owner(s) thereof. All maintenance, repairs and/or r_eplucements for which Unit owners are responsible and obligated to perform, which if not performed or omitted would affect other Units or Common Elements, shall be performed promptly as the need arises. Notwithstanding the obligation of Unit owners for maintenance, repair and replacement of and in Units, the proceeds of all insurance awards or payments under insurance carried by the Association for loss of or damage to or within Units shall be applied against repairs and replace- ments to the extent that such award or payments exceed the deductible provisions of such insurance. Page 124 of 232 ��pp �e f O,R.L2PG 03S6 H. CCMI�10N ELEMT TS. The Association shall he responsible for, and shall assess against and collect from the owners of all Units in the Condominium the costs of maintaining repairing, replacing and keeping in clean erl all of the Common Elements except certain ofdthedLimitednCommons Elements specified below. The Association shall, at the expense � of the owners of all Units in the Condominium, repair any and all incidental damage to Units resulting from maintenance, repairs and/or replacements of or to Common Elements. C. LIMITED rOM1,10N ELEMENTS. The Associatiation shall be responsible or perloria�Yng necessary maintenance, repairs and replacements, and keepilig in clean and orderly condition, all of those COrmon Elements designated elsewhere herein as Limited Common Elements, and the expense for the necessary maintenance, repairs and replacements of these limits common elements shall he borne equally by the unit owners. 13. ' fTLJRI.?'�CE . a force Insurance shall be carried and kept in � i all : ii<<a in accordance with the following provisions: 4 A. DUTY AND A[JTrInRITY TO OBTAIN. The Assoc: titian shall obtain a;'d k�eN in i:arce at H11 times tine insurance covei age which it is required hereby to carry and may obtain and keep in force any or all of such other or additional insurance coverage as it is authori%od hereby to carry. All insurance obtained by the Asscri.atioll shall_ be purchased for the benefit of the Associaticn and the Unit owners and their mortgagees. The owner(s) � of each Unit rnaY, at the expense of such owner is j , obtain insurance coverac, aga i_n5 is damage to and loss of the contents of the Unit, personal li;:ibi_lity for injury to and heath of persons and damage to and loss a'--' personal property of others, and against additional living cypen se , provided that all such insurance purchased by Unit ovnie s �'h:.11 be ❑btainsd from the insurer from which the Association purchases coverage against the same risk, liability or peril, if the Association has such coverage, if the same is required by the iissociation's insurer; and provided that each Policy of such insurance purchased by a Unit ournar shall, where such provision is available, provide that the insurer waives its right of subrogation as to any claim or claims against other Unit owners, the Association, and their respective employees, agents, guests and invitees. i� S. REQUIRED COVEIA.GE. The Association shall purchase and carry insurance coverage as follows: il �h Page 125 of 232 02. S32 PG 0 3& 7 90 (ly CASUALTY INSURA covering all of t11e u�" �n s NCE. Casualty insurance Condominium, includis, 93 and other improvements of the 9 without limitation Units and Common Elements, in er amount equal to the maximum insurance replace- meRt value thereof, exclusive casts, as determined annual" of excavation and foundation p,ssociativn; such insurance Y by the Board of Directors of the to afford protection against: covered by th(al Loss or damage by fire or other hazards endorsement; anatandard extended coverage or other perils dissimilar natur(b) Such other risks of a similar or e as are or shall be customarily covered with respect to buildings and other improvements similar, in construction, location and use, to the building and other improve-ments of the Condominium, including tai tliavt limitation vandalism, mal C'Ous mischief, Windstorm, water damage and war risk i.ilsurunce, if alrai_lable; and (c) Public liability insurance, in such amounts, with such coverage and in such forins a ; shall, ba required ley the DoG rd of Directors of the Association to protect the Association and the owners of all Units, including without limi ration, hired zzutom-obi"e, non --maned automobile off ejr�ploy._e coverage, Crater damage and legal liability, With cross--l.iabiliIL-y endorwe,rents to corer liability of all. Unit owners an a c-r-01110 0 each Unit owner; and (d) Worl:I�z.I1's comrensation insurance to meat the regnirena. no:.s of Jail; and (Q-) Flood insurance, if the saire shall be necessn,ry Under the laws of 0-,e United States for federall;, relaters mortgage lenders to male: mortgage loans on Units. C . OPTIONAL COVED iGE . The Association may purchase and carry suchot c:r insurance coverage, other than title insurance, as the Board of Directors of the Association, in its sole discretion, may determine from time to time to be in the best interests of the Association and Unit owners, or as an institutional leader may reasonably require while it holds a mortgage enciaabering any Unit. D. PREMIUMS. Premiums for all insurance obtained and Purchased by t e Association shall be paid by the Association. The cost of insurance premiums, and other incidental expenses incurred by the Association in administering and carrying out the all be assessed provisions of from thetUnit Article, owner.sashagainst and common Expenses. -14-- i N Page 126 of 232 OR V32 FG 03E8 91 E' ASS— All policies of insurance obtained and purchased by the As;ociation shall be for the benefit of the Association, the owners of Units and their mortgagees, as their interests may appear, and shall provide that all proceeds covering casualty losses shall be paid to the " herein identified, Insurance Trustee", as or to its successvr,and the proceeds from insurance against any casualty lags shall be held for the use mortgage -es, rtgagees, the Association, Unit Owners and their respective moas their interests may appear, to be applied or distributed in the manner herein provided. The Association hereby constituted and appointed agent for all Unit owners, is with authority to negotiate and settle the value and extent of any and all, losses covered under any policy of casualty insurance, and the Association is granted full right and liability authority to ex4ou in favor of any insurer, a release of out of any occurrence covered by any policy ar.pOliczes Of casualty insurance and resulting in loss of or damage to insured property. F. itv5tl:t R. All. POrsOns bnneficial?y interested in the intsur;+.i ce coves e Obtained, purcha.Led and maintained by the As socz,� ta.cn shall be bound by the Az eo :iation' s select -'on Of its insurer(s) grad the rnci�nt of i_r _:u_:ence coverage carried and kept: a. - force by tba Association. G . INSUPU NCR' TRUSTITC . The A_-socir.'_-i.on shall have tilt right, priortO cy unorlr tf(i accurreriwE of any event caus:.:zg or resulting in the need for the same to derri_g;iate .an Ins "_ante T)_u.,.*, =c and all. Parsons bc;x�.fici_al jv interesGes3 irl si_ch insuran{ :: coo:,.raga shall bn b., +-ili.d. by the AUsoc .a cion' s s�?.nc::l.s�n of the ar. surance Trustee. (1) (,)U:1I irTClI`1.'IQNS, RTGi:':.'S NOT) DUTTE.S. The Insuxa.ncn T_ustce sl GlM be a kan.Z 1714kl doing business in the State of Florida. The insurance Trustee ohzz.11 not be liable for the payment of r �•c�±� it� ns, the renewal of any policy or policies Of casualty insurance, th-a suffi.c}.encv of coverage, t2-o form or content: of policies, nor for the failure to collect any insurance proceeds. The soli duty of the I]1sUrance Trustee shall be to receive such proceeds of casualty insurance as are paid and to hold the same in trust for the purposes herein stated, and for the benefit of the Association, Unit owners and their respective mortgagees, to be disbursed as here -Lei provided. The Association shall pay a reasonable fey: to the Insurance Trustee for services rendered hereunder and shall pay such costs and expenses as the Insurance Trustee may incur in the perfoz-mance of its duties hereunder; such fees and costs to be assessed against and collected from Unit owners as a Common Expense. The 1. 1 j. Page 127 of 232 �! 92 i Insurance Trustee shall be liable only for its willful misconduct, bad Faith or grass negligence may come into the and then only for such money as possession of the Insurance Trustee when mortgagees, as their . insurance bute ins when the Insurance Trustee is required to distriIf and proceeds to Unit owners and their � respective interests may appear he Insurance Trustee may rely Association . upon certificate of the president and Secretary of the , executed under oa Trustee anon request tth and provided to the Insurance f o the Association; such certificate to certify the name or mortga ee s names of the owners of each Unit, the ; 9 ) thereof. and the respective percentages of any distribution which is to be made to such ownerts} and Mortgagee (s) , as their respective interests may a when insurr: �7ce procc�ea y pPear. . If and any castz ]-t_y 3.osy the Trustee for hoidcr {sa of any mo�rtgageto the eor mortgages enGiimberanc� a Unit :;la�_j.l not p pa? tic iri ,� a27 , • have the i.ght t❑ de 4erz2ine o �- thV -alld m?_n�± "on or. re�s�:r.' ir or cpIncement n2 ally ?-n�'s ori�cl=ilr�g �'. aald shall azv c h Pn1Y in :z•. "zn�• r r, ave t he right. to elect 1:a oc�es to the reduc t';.o j of nd �b-.:e ']nF:.:,s securcd )-y r+'icll ma%_trlave (;,} , Unless the i.a3sur-anc �7rocecct.s d3 S Y :�] boor, to z:ti.13 pt•717L11: {,; } of the u'.k } t r-� I7u 's?O , .�.1: ��,C�1 3_I•l.�'.L1ti::1L'w �3?"4w:" �•Ci.^� h�iV•�^.. �]•ar rl• first '� ,1-i•_r3 to the 11 _ p any �: �1i^ 1Y .� �". E��7 c}7.: 2_'C-plar•r°T..'.:Z eat car I..eCQ11; ..3">.1.,^.4�.�}:1 ❑1 - "'+s �7 �{ iu; L1c11 �`' at �. �c :� :d o bn to c,-, C; ii7 �.l 4. } of �:?le i]:x:�_'- and the �z.yr by ' 3 [ �. } l_: • mil. La:i!_?J3 C]1. �crG. r o f ❑ r d a Y r, s nc, 7 . par:; Ofr_ t'?- Com to?i ma, 4o repc ir, C1s x 4t��v:: L• ... _:.:s+ ;3��_..... _sc:.� pYa� 3 �: i.�T. :"i .. R: f` .�,.r�+ k•� r}' �'7.1 r; i ?"7 f�TT 1-y nn ii � L+ Z _ � . T x _ (v` 2l�ti bV YZ� .i ]1wi?r� r �i J . i-�7 :7 r• o 0..,.-Rc?gc-a L.o ��1� anj/oz p;y7rsoll-11 px C'3p'er-y Ui7C]il T1h_.Ch :_li� r E7'_=.L t.- �?7 GE3 ?'..:5 i_i1.3�?i.?::il�:C:, Lhall be a and pai.L? P-s ic-il.-lo;•:._ . c1 i C0-7- 'r0N rLTM-7- TTS C'•?:T ;s , Thy- pa.occads r�.. L-o the Zri sL_: _ z : coalC..: tltt7ALi 3CCS. L�� it Jto real tp-trL,2-z-,--Y rleiPnts GnuY shall k� z�.pplid o the l I rep l4.r.-erlcn'.: or re=ns-tructi.on of such Loss or dnAaage. If arch j 1 inaura:ace pro ca do .:.ceed the cast of the repair_, zenlacc.:jcn w ax i recon ;truc- ion of sncli Common Elements, the excess shall ha paid by th Insurance Trustee to the o mers of all Units, and their respective rior::gagoes, as their interests may appe;___ r in shams or proportions equal to the undivided interest appurtenant to each Unit in the Common Elements. If the insurance proceeds shall be insufficient to pay the cost of the repair, replacement or reconstruction of such Common Elements, the Association shall deposit with the Insurance Trustee, from ■ Page 128 of 232 OR G32 PG 0390 any Association Reserve Fund which may have been established, the difference between the total Cost of repairing, replacing f or reconstructing such loss or damage and the amount of the insurance proceeds, If no such Association Reserve Fund has been established, or if any such Association Reserve Fund has been established and is Trustee such difference, insufficient to pay to the Insurance the Association shall assess the j amount of the difference against, and collect it from, all Unit owners as a Common Expense. Trustee for loss (2) UNITS. The proceeds paid to the Insurance of or damam ge to a building, constituting Common }• Elements and one or n4ore units thereof, shall be first applied to the repair, replacement or reconstruction of Common Elements, then f: to the repair, replacement or reconstruction of any Unit or � Units in the building which have been destroyed or damaged. If such insura�jce proceeds exceed the cost of the repair. replacement or reconstruction of such CorwDon Elements and Units, the excess shall be paid by the Insurance Trustee to the � owners of the damaged or destroyed Units and their respective mortgagees, as their interests may appear, in shares or proport�oils equal to the undivided interest appurtenant to each such Unit in the Common Elements. If the insurances proceeds shall be sufficient to pay fo; the repair, replacement or reconstruction of the COMMon Elements but shah be insufficient to pay tha cast o;. the: repair, repla.ceme;it or reconst'ructtica of the damag-Ld or destroyed Unit, or Units in such building, tha Association shall asse:;s the amount of the dif:=crence against, and collect they sitrite from, the owner(s) of the Unit(s) dainaged � or destroyed, in 'p-coportion that the amount of damage :sustained � to each suc": Unit btu -s to tho total d*:ficit, and deposit such SUM With the insurance Trustee to be applied by the Insurance Trustee toward the total cost of repairing, replacing or recons::ruc4.inr all of such damaged or destroyed Common Elements and Units. If the insurance proceeds skull be a.nstzfficicnt to pay the cost- of the repairs, r_eplaccaments, or reconstruction of the Coraron Elements (to which tha Insurance Trustee is required first to apply such proceeds before applying any part thereof t to the repair, replacement or reconstruction of Units), the difference between the total cost:, of repairing, replacing or reconstructing the Common Elements and the amount of the insurance proceeds shall he assessed by the Association against, and collected from, all Unit: owners, as a Common Expense, and in such event, the cost of repairing, replacing or reconstructing the Unit or Units destroyed or damaged shall be assessed by the Association against, and collected from, the ;. owner(s) of such damaged or destroyed Units. 3-- a Page 129 of 232 + 94 U.N. 02 M 0391 i x. DEPnSITS TO INSURANCE TRUSTEE AFTER DMIAGE. Within sixty (60) days alter a oss of or -- covered by casualty insurance, the Associationashallnobtaum Pnoperty estimates of the cost of cInce,th same, including the cost of g, replacing or restoring the professional fees and any construction bond which the Board of 13ireetors may require. If, from such estimates, it shall appear that the insurance proceeds payable for such loss or damage will be insufficient to pay the cost of such repair, replacement or reconstruction, the additional money required to pay the total cost thereof, whether it is to be paid by one or more Unit owner,, shall be deposited with the Insurance Trustee not later than thirty (ap) days from the day of which the Insurance Trustee receives the insurance proceeds. 14. RECONSTRUCTION OR REPAIR AFTER CASUALTY. Whether, and the nanneriri �iiizl�; ally or a1.1 0� he Car,dnn:iiiausa P; ope ■ damn+ ,q ed or destroyed by cG sualty shall b4 rc:p:a iced. rncari�, W� u: teCi , or replaced shtil7 be determined as foliolls: shall be A. RrSIDENTIAL BUILDINGS if the residontial. building!� danagU:z or destr�71 d, re �a jr o:: recc.istruc-' ion t hlf eof, or terrni3.zt,t:, On of the Condominium, shall be in accordance with ' the following: (1) TOTAL D%STRTJ'`T::ON ❑P nt?ZF•'.]:M^. If the ra: idenf-_i_). b��:L Lu .ng a:��h Ca�inriii;, i, 4at`Ty des'.:r0-��>_d ar so &Mag:Z^d that 1:0, U171 t therein is habitable, neither the buiJ_ri__i J nor any of t ]i:a irrnroveraants Crmmorr rz �• r,•�ta �: E:ha.11 lie 3-cconstructed, and she Condominium shall be term-rkatt:d unless the a'...-,ers of Uni_t_:3 to which 66 - 2./3_rds percent or the l z; �-e appurtenant agz- - e in writ g, with; sir-ty (G a ) mays after tj,e date of such destruction, to :reconst_.uct thti szrae and un lc.: s the then applicable zoning and ❑ ther regulatory lay:: and o;.-d�.:,ances shall a:ll o,� the catm0 to be ro-constructt-ed, or uiilass any policy or policies of casualty insurance covc-ring the samn shall requ:4,-n reco:astruct.ion thereof as a coadz.t.-*.on precedent to the paymant of proceeds thereunder. (2) DAMA%GE TO AND DESTRUCTION OF PART OF BUIT,DINIG. If part, but not al �_, of the resid4ntaa3 bu � �_dzi�g �s darnag�a and/or destroyed, and one or more of the Units in the building remains habitable, the damaged or destroyed Common Elements and/or Units shall be repaired or reconstructed so that the building and/or Unit shall be restored to subs tanti.aIly the same condition as existed prior to such damage or destruction, unless within sixty (60) days after the casualty it is determined by , agreement in the manner elsewhere herein provided that the Condominium slkall be terminated. Page 130 of 232 0.Q.S"2rG 0392 i 0' CQW10N F,LLLjrNTS . constituting part o Damaged or destroyed improvements t IG reconstructed and/or 'L:Onunon Elements shall be repaired, destruction of the Unitreplaced sunless, in the event of total destructio», the Condomini , or b y agreement after partial Condominium shall be terminated. 1 C. CERTIFICATE. The Insurance Trustee may rely upon i a certificate executed y the president and secretary of the Association to determine whether or not damaged or destroyed Condominium Property, shall be repaired or reconstructed. 3 D. FLnt`S AND SPECIFICATIONS Repair or reconstruction of Condominium and prop r y sllal e substantially in accordance with the plans and specifications pursuant to which the sarae was ❑rig-- inally constructed; provided that the Board of Directors of tl:e Association may original glans aauthor,-7,e reasonable variations from tlje nd specification,,.: zz may appear to them to be necessary or desirable. E. R_ES-P0M!B1T,7Tv. If the damage or destrurt._1.on shall be linAted on7:Y o.. arc o:.='r%�:� o Units for which the rc, cpoi7:,i.bility of main (eriance and repair is that o, the affected Uiiit owners, then such Unit otrners shall be re:.}a:�nsil3'_e for cerrying out th rept►5.3: or. rL{'oi'-sLruct^.on th-arr.of. . In alloth-r instances of daniagc or de:;tr.%Actiont the As oGyF.t .oaf sliull LG rosponGible foa: J. ticz=ryyr a_,d rcconzt.z ti.ot ion t:h�--reof. . - F. CQl`ST"'ti:)C•_'•?'d J PUNDS. 7,,11 funds for the payment of are(.ret oiz�t u .� i ti. 4 z�� .s, consist:;-ng of insurance r moor_ vcz r xld/o:,: fUlleis co)l_ectod by the Assoc ation from Unit own: rs, r hl --11 33� d .�uyr ---it of SZCil costs iil tba iv_llo�•:_i: t:�r�r� �r: �~ ASFZ0C!4 TTMq . If the total funds assessed 'cagainlst and eo17 rcterf L::om al ;: aw:� sxs by the Association for f pa.y,ment cr_ repairand rcQon,,-truct!oji costs i& more thall Twen1.y---'lt«, Thy.: usana (.fi25, 000.00) Do? lass, than all such suits i shall h:: depos_ Led by the and disbursed by tr�-� S;z:.'urc once Tr ;'ice. in all other: cases,the 7issociatior shall hold such sung.- so assessed and collected and shall_ disburse the same in pavmant of the coat-- of reconstruction and -repair. (2) INSURANCE TRUST4712. The proceeds of insurance collected on accoun� of a casuz-.lty, and the sums assessed against and collected from Unit oane:rs by the Association an1d deposited with the insurance Trustee shall constitute a construction fund � which shall be disbursed in payment of the costs of repair and reconstruction in the following manner: l I• ..15- Page 131 of 232 ORU Mtn D 33 96 (a) UNIT DWNLR. The portion of insurance proceeds representing damage or w a.ch the responsibility of repair and reconstruction is upon one or more, but less than all, Unit owners shall be paid by the Insurance Trustee to the affected Unit owners and, if any of such Units are mortgaged, to the affected Unit owners and their mortgagees jointly. (b) ASSOCIATION - LESSER DMAGE. If the amount of the estimated costs of reconstruction anil repair which is the responsibility of the Association is less than Twenty -Five Thousand t$25,000.00y Dollars, then the construction fund shall be disbursed in payment of such costs upon the order of the Association; provided however that upon request to the insurance Trustee by a n"Ortgagee which is a beneficiary of an insur"ce policy, the proceeds vi which are included in the constru.ti-oil fund, such fund shall be disbursed in the manner hereaftOr provided for the roconstructioa and repair of major damage. (c) Ansoc-T.ATTON - MJnR DAMAGE _ _. Z-L t b o amount of the E.'.4thnat r-, CQ.�i:4 O� rts'CC]il��'�'l;[�t�01Y�c7:1d r�pi� 1. r" Which is the responsibility of the Associatiou is more than Twenty-Fiv4 Thousand ($25, 000.00) Doll.uL_s, their th:: construction fund shall be disbur seal in paymen :: of such costs in the munnr-,r- regW.rnd by the Board of p,-.rCc Lor s of the Association and upon approval1 of an architect regi.sterod to pra.cti ca in Florida and employed by the As ocirat-:-c)-n "Co supervise the work. (d) SURPLUS. It shall be prest}in2d thast the first i��c+*�ir �s c�is�burscd in palTi5FTY of costs of recOnstruct;_cn and repair_ 41,T-1 t b-2 z_.:o_n insul_anca pr-Dceeds. If the::-- is a balance in the cc_, '• :emu.: t: +.uzz fund. of 4c?: pay-av:- 7t of all cosh of t%a3 recaps=:::tic oay and repai_r for cvlzicl� the fund is established, such balance: shall be distributed to the beneficial owners of the fund in LI-je many=-er else br-_re- herein:r tated; except, however, that the part aL a distribution to a beneficial owner 1,710.ch is not in e..c:ess of aSSL5smen'4s paid by sucl] otimo- : into the const.ruc-Lion fund sjjFjl not ba made payable to any morig :ge::. (e) CERTIFICATE. Notwithstanding the provisions herein, the lnsuranca 'Trustee shall not be required to determi.z)e whether or not sums paid by Unit owners upon assessments shall be deposited by the Associati-ail with the Insurance T,rusten, nor to deter" Ine whether the disbursements from the construction fund are to be upon the order of the Associ..-� tioz-z or upon approval of an architect:, or others-.,ise, nor whether a disbursement is to be made from the construction -1G- Page 132 of 232 4&W #V6 0- a- C,J2 F is 09 4 9 ■ fund nor to determine the to determine whetiaer payee nay the amount to be than the assessmealts surplus funds to be distributed paid,less nor Trustee may rely upanFaid by owners. its President certificate Instead, the Insurance and statingand �ecretar of the Association made by and stating that the sums toas to any or all of ue and such matters Provided that when °f the Payeeaandathedamount poobpeerly payable as payee. the Insura mortgagee is herein required to benamedas payee; and further Tru ,tee si!all also name the mortgagee a mortgagee urther provided that: when the Association, or which is the beneficiary the proceeds Of whit y of an insurance requires, the a h are included in the constructionofund, so shall ?�e First approval of an architect named by the Association Obtained by the Associati 1on. 5 • USr rrt�rCTldi.Ts. shall be i_n accow -' .;"� Lh Use Of the Condominium property the Condo -mini ex; nce,w 1 t114 foilowin P Y sts . g Pi �'�'i ;ions so long a A. UNITS. �ac3a o f a single famil l• r, -, Ls the Units shea].l bL ❑Gcup _& r) only by �' sorvs..nt.. and sma iaa lln r nur•ao.,-�, 7 guests, as a residence and for un;.t F nor c ;ab? ds_videa or : ubdividcd into a Y port.i_oz1 th - cold of ot.hezwi:sr, ►:zarasferred- Comm � �� The COM,i4n Elements and Limited i!seci Dial forth:�y are inte!zd,_ri iz1 the furi7isilig of the servic;;oand faci_litiec Pl I s _gar which for -the E_1�n�'7:i its C.,thr Li+7rni L'. NIT T5PT3C�'� NO nL1].sallc' 2L' shall n - - the Co:, �� _ : �_�_=1:�t�,� ,,_-;'� 1��.. a�].at•:t,c? upon Yr + or aaly l,se Car pit:ctice which is the souiCC' ❑i c3 ri: t[7�14;�kcef` to rpr; or trhzcla i nter re.res With the peaccft??_ pc;s ,,=s8 ion resident- , Alland pr03.3er uce or the Coiac o:�:in41= pr:)pc lrt:y by a clear. �;,k' i a _-ts of the Condomi niLlm p3_op:�rty shall Le kept in :;�-:�,-; �•, �►, Shall be1 condition, and no rubbish, refurc- c_r garbage alJ.citaE cl �o accunr.late nor, shall any fixe h,�Iz�-rd b,, allowed to . do use shaall be made of any unit or Cf the Common ::lc ;aL tat=s or Limited Co! Mon El eme;) is Which would increase the gale of. -ills Ll}:L6]1CO upon the Carl=xazninium property. D. LAt,'tM USE„ No immoraj, improper, offensive or unlawful use sliaZi be made of tile Condominium property or any part thereof; and all valid laws, zoning ordinances and regulatio,Z Of all governmental. bodies having jurisdiction thereof shall be observed. The responsibility of mcGt_i.ng tine requirements of governmental bodies Pertaining to maintenance, replacement;, modification or repair of the Condominium property shall be the same as i, elsewhere herein specified. Page 133 of 232 r` A 0.11.MPG 0395 98 I Who are permThere � CIiILUR�-N , � • itte ere is no agc restriction on children f children shall cu occupy the that the lonely Supervisediand�cariewevere taken toCinsuxe � Y do riot became a nuisance to other residents. F* PETS. No pets are to be allowed at the Condominium. G • NOTHING TO }3E No signs, advel—nEGTt'f� UPON T�UILaIr;G OR CDr�;;o"J tasemc�nis ar notices ❑f any type, par exterior antennas re aerials shall be erected upon the common elements, �I and no screening ax glassing nhall be the units thedded toShore Drive. sides of units faciingaeasterlyttowardshGulff However ' owners can screen in or glass in the parches of theirunits an the other side of the building � facing towards the Gulf o f Mexico, H - RLCllL%TxG".I" . Reasonable regulations concerning tl.e use of the Canaa`` u411 f to time. by the As� �'. Dp�r�y M-Y be wede and amended f e-� tisre Usc�ciation in -he manner pr_ovidr-d by its Arti.clus of 7racoa.�3orati.on and By. -Saws. E_me3-VI-ncnt s1ral Copies of such .• .;ulawior_z Gr_�# be ft+.lrlished by the Assoc.i_z_tio:1 to all, unit and raS3dent ; of t ILe Conoomin Burn uA7c.z regtae.t. � • PROVISO. P�: ovidoel however.•, that: until. Dave lo-_3��r, hi3u CQ:i��'Ul�{r�C� Z]j Qf t ile CC7.7%�iiz1!.�,�r!d iwprovc-mn nts aurl sale.; of a.11 a the Units of the Condcmini.u:n, the rnz�.- ownea:s nor, thr� P,:3soci.at7on, nor the use of tre Cendomini.0 property Shall twlith the Cvmpl.,_�ta_on of i.;:n. cont.e nnlai-0:d irpr[.-�ern__rL: and. Vale of t units. ` i]l�[rel.c� _e1- ;n1v ne.l: such us�-_ of the unr:al_d units any! common areas ac may racil.if a -c ne uc:. coraplc:•` _on a_nd includw.azc hut: net l itaitnd to ra.zi.±;_.c naAicr-t o5, a sale.i oft:ict:, t:Y: shop: il;g of t12C p::,opert:v and the dIS111-a v of signs. t3 • RUL) r ADD RE- ULATTOINS. TS.iC: �1 [�YoClc? �:`. A:�. i:.�i5: G:�:?it its F3ozrd ni= D? xecta�_s, teas crie-a1lt:ki�a�ity to adopt rules' and regui a- tiori:� to preserve the iui4 foci �_p ?: arance of the C �r_•c .- minitam, P :ot_ect the Condominwum proj?e t y against daraega_ or dest:rt= :..ion and residrnt:s of the Candan«. �itsn ag; �.nst accic.-�:- i=.l in ur--;_ Page 134 of 232 1% 16, MA INTENANCR pF OR = PC 0396. maintain a commu�zi t Cot•1AzUNITY INTERF5T5. Irl order to 99, value of units Y of conge,11.1 reand to protect the by any owner• tho transFcr of sicl other than ❑fotitic to ❑r possession of units ing provisions so long as the Condominiuttnr shalleexsubj istsct to the fallow - which pro- visions each Owner covenants to observe: A • TRANSPt11S SUBJECT TO APPROVAL. any interest 'ale h. No unit v teir_�17� weer may dispose of a unit or except to another y sale without approval of the Association unit owner. i tease. No unit oiiner may transfer possession or otllery ise dispa1e o a without approval unit or any interest therein by lease of the Association except to another unit owner. If nny unit o {3) Gifu 17etTx�; wnc:r s f t c, 1nher;.i-.ance or other Transfers. heritance os: ot_i�er `— IT. Penner Y ; ev3.�� , �.n shall be nubjoct to the apj row:MeatytluzMC0 oof hisoownership n. ciatinzl t�Iliclais-ic�c i,=-w�.c �- •- � • Ths app� o-vL�l of th� A�so- obt.a:�n�d i n the ful for-�Il� i%.4,i:ifer of unitts sI ali 1.J3 louring mataner; voti to LCF� :i.c:�� (a) Sale. A unit ini:cndS.ng in male a bona- f 3.dc r ::?_� cg h ; s (Jive t unit or any i.n'- thcror .n -hall �:h A -»cc e. i0n no �:4.cY of su4h intclit-4 Dom, to-- get1i ar vrii.h the Mims and ads?-,: cs s or the int endco. p' ur- :; and Ci u C �ii ;i3 otl3 y� 1it C}'L'1'1 :L] U17 cc37.,2erning the i n•- tcnc�cci p:x.-�ol��st:y as ' ' t F ::cOc:ia f-Lion may reasollably rcrvaize. Such notice, at the unit omr7..'r's optioll, Mav i)-,c: ud.— ExOemand by t:Iie unit o`v;r�?r that the Ausociatir�:l Ali_7"i3ch c: piY?"C �'7c'iEC'Y. if t1le p-C?i t]f: `��d j,J 1i.;_C]lzG�' r �_w llo al-i,p oved►; and if such demanid ? s made, the notice sha]_? bC accompan .cd by an :_-Xecuted copy of the propo;;ed con L:.z a.ct to soli.. (b) Lease. A unit ownor izitending to snake a bona fide lease of hi.s unit or any interest thrjrein shall give to the Associationi notice of such intention, toc;ether with the name and address of the intended lessee, such other information concerniiig the intended lessee as the Association may reasonably require, and an executed copy of the proposed lease, which lease shall provide that it is subject to approval by the Association. No unit owner shall submit a proposed lease that is for a period of .less than thirty (30) days. (c)- Gift. Devise or Inheritance; other.Trans- fers. A unit owner t..ho has acquired his title by rift, devise, inheritance or in any other mant"ier not hereto- fore: cozisi_dered, shall give to the Association notice of the acquisition of his title, together with such Page 135 of 232 information concerning the may reasonably require, and instrurients 'evidencing the 0-ft. C97. VG unit owner as the a certified copy owner's title. 0397JLOO Association of all (d) Failure to Give Notice. If the notice to the Association herein required is not given, then at aevney time after receiving knowledge of a transaction or nt transferring ❑wnership or possession of a unit, the Ave or tiara approve or at its election and without notice may lion pr4Ve the transaction or ownership. If the Association the transaction or oFmer- ShiPr the Association shall proceed as if it had re- ceived the required notice on the date of such disapproval. (2) Certificat:ef �7,-a�,a3_. (a) sale. If the proposed transaction ws a sale, then, withil: twenty I20j days after receipt: of such notice and znfcrmati can, the Association must cithsi approve or dx:.;E'DdrOvc the p---opooed transaction. xf apj?rQ�C�ir tIi' ia1�7]-o[' 1 shall be si:ac ;. td in a certificate executed by the prc,:er ❑fi i.;_r��-s of :.1sv Association in recO gable f0r1a and Shull hce deli.verad to the purch�.L.,-7 *.: and Shall be recOrdo d in the Public Records of Collier County, Florid- (b) I�et.ae. Tf trk+e . ..propo=c d tr_��n^ac,tinr t iCs.Ecsr t1Ln, I.L}}j.� '4W�n'Gj(20) d?u rLC.3p SuCh n0t-ce _on, he Aspoci,ttwGn Ius}r a approve or di.:s�•.p•,,;:o�tn the propose..! transzcti.on. If approved, the appr_ovz:.l sliaz_J_ be str-ted in a certi.fi.ca-,- executce 1)y the proper Of the 5,11 9-oi-a and t hz. Z.l ba c!•,21_ivered to the (c) Gi_ >r, i]Cvi_:,p o; InhQ-irwa»ce; ❑i:hr_--- Tr_ar — �rs. Yf 1:I1G Llni.t o�-*.aer ait*ing notice has a.cqu.i:_Gri his tit -le h. q:ift , devi_--e, y.►i�[ i.ta':,:? or ot-hnr marne-, then, with- in tx•,e.at y (20) dz-yr, after_ ]_eca-i pt of such noti.eu a_�a informe,'L '.on, t:h2 As,-ociati cra inu::t or des .Lp]:ove the cont%nuance of. the 13n}.t owner's ox-nicr- ship of the unit. If approved, the approval shall be upon such t cr]ns and conditions (pert:a ping to the Pri- mary Qccupant of the Unit and the voting of the Associa- tion membership appurteni,.n - to thL- unit) as the Associa- tion may reasonable require, and the approval shall be stated in a certificate executed by the proper officers of the Association and shall be delivered to the unit owner and shall be recorded in the Public Record: of Collier County, Florida. --20- Page 136 of 232 ti 0 Purchaser. 1 3) �rova I O f .fit. 032 PC 03,98 Inasmuc Cor orate ar Ficlttciar Owner or res��e tin al pu> po.- as the conuoir, ltilum n"ay lae used on y-for such use. if the unitand a corporation cannot occupy a unit for ration, the aPProval owner ar Pui^haler of a unit is a nit f conditioned by re9uir.ol ownershiz be also be a y the9 that the Primary the cOccupant oofgthe lUnit 1�Proved b by $ Trustee or n Association. The approval of ownership owner why they hold of le gal be conditionedaup upon ro y Occupant lofeaf[lnit shall also primar Association. P val of the primary Occupant by then be Considered Any change in the Primary Occupant of a Unit shall subject to the provision., transfer of provisions title to the unit which shall be of this Article 16. C■ DISAPPROV disapprove a try �� ASSSo�ATION. If the Assvca alien shall dispos�.d of in the followo3 ersnip of -a unit, the matter shall be g manner; Sale. Tf if the not(ljice or_ sale the proposed transaction is a sale and then, wit±1in t�-renty C 'Ven by the �t�zit oFr:tct- sha11 so demand, and in iax, t ) days after it of such notice ifled Mail t- ,.. he t -ooc atidn shall delivur or marl by c k; - .o unit o�vracr an agreki�tent to purchase b;� the Assaci atiorz, or a purch��ser a ,,o;r purchases and tv trhvm the un� ipowne�dmustith�l]Asth�xu��an zpon�r�ha folla,�i_;=g terms: to TI�e Pl ice to b1: paid by the Purchaser, . in be ri.c". nt'fj,ed i_n the a'-';I:Ccme in t�r4 disc ]'+ ^^�} ^I y� .}. /. nt, shr-t11 5� that sta�:cd. Pl roved co!jt�7act to sell (b) The purcha-C,2 pricrj sllr-11 be paid in cash. (c) Tile sale sh ? l be closcd within Lh3.;:ty n 3 0) days after f ` _ the deliv % y or mai -irig of said a.g�: a ,.-- 1_ hacz . (d) If the Associa uion sha' 1 fail to provin.e a purc!'zt ser upon the demzi�ld of the tug i.f otvn.jr in the manner provided, o-,: if a PUrclai ser_ Zurn:ishe:d bythe Association shall defact].t in hiL a reeraent to sue, g purcha.. � the prepoL-ed transaction shall be deemed to have been approved and the Association shall furnish a certificp.t:e of approval as elsewhere provided. (2) Lcase. If the Proposed t?ransaction is a lease, tha unit ❑t•::ier shaifl zap advised ofthe disapproval in writing, and the lease shall not be made. (3) Gifts, Devise or Inheritance; Other Trans fern the unit owner r�iv�zig II()t1cw has acquzre�x; title�ia-`�"�-' If y devise or inheritance, or in any athcr manner, then, withinthinthin thirty (30) days after receipt from the unit owner of the notice and information required to be furnished, the Association shall -21-- Page 137 of 232 6.1.G2 VG 0399 deliver or mail by certified snail to the unit owner an agreement Association to purchase the unit concerned by a purchaser approved Associationor by the A�,Cociation, who will purchase the unit and to whom the unit owner must terms: sell the unit upon the following i02 (a) The sale price shall he the fair market value determined by agreement between seller and purchaser within thirty (30) days from the delivery from or mailing of such agreement. In the absence of agreement as to price, the price shall be determined by arbitration in accordance with the then existing rules of the American Arbitration Association, except that the arbitrators shall be two appraisers appointed by the American ArbiLrati.on Association who shall base their deterMinution upon the average of their appraisals of the unit; and ajudgment of specific performance of the sale upon th,. award renCe7:ed by the arbitratoru im; y be esltercd in ji7ly cou.-t of Compcuent juri;-idic: ion. Tile expense of the azbj.trat .on shall be Pao d by the pur- chaser. (b) The purchase Price s;17a11 be paid in cosh. _ (c) The nal.e sh:,11 be closed within ten GLC) days f0 a.[]winC thy: deternii.nati ou of the Cale Write . - - - - (d) A Cent:i.fisa-L-n of the Associat-ion eXC1, tC? by its or Vice Prcis idan - acid approving th,:: p7urcli�.r_ shall ba rc_c-,j-dcr? 1-11 the Public Records of: Col �.-.G. _Coun'4y, r .�oriiii-7. , at thW e:'1�'c71sE� of th- p1 r-hr`_-Inr— (e) If the Asses ati_o-n s11:: ll fail tO pYQV'? 1` as i:eq-aired by this in:-It,--ument, or if a pl.l>:cl-n c-:az furnished by tha Assoc .::tion shall default in ll:i.s act?70eillerl4 to purcha.so, t:hcn rlc-L-wi•Z:listaneing the di sap;p_ oval, such owner- ship shall be deemed ;.o have been approvefl, and the P.ssociat Losi shall furnish a certificate of approval as elsewhere provided, which shall be rero_d d in the Public Records of Collier Colinty, Florida, at the expense Of the unit owner. D . r}�CBP T.'1Dha . The foregoing provisions of this Article shill not aPpj—Y-,:c a pu:=Cllase or trallsier by an Institutional Lender or other iaortgagcri which acquires its title as the result of v;rning a xaortc;age %ipon the ,snit concerned, and this shall be so whether the title is acquired by deed from the mortgagor or its successor in title or through foreclosure proceedings; nor shall such provisions aPPly to a transfer, sale or least by an 1 -22-- Page 138 of 232 institutional Lender or title. Neither r athcr mortgagee which so acquires its ..hall Buell rzovisinns require the approval of a purchaser who acquires the title to a unit at a duly advertised public sale with open bidding which is provided by law, such as but not limited to, execution sale, foreclosure sate, judicial sale or tax sale. ruxthery the Provisions of this Article shall not apply to the acquisition of title to a unit through devise or inheritance by any person who is a natural child or sur- viving spouse of the immediately preceding owner of the unit- E. UNAUTHORIZED Tr,A]1SACTIONS, Any sale or lease which not authors e� d pur be suant tote terms of this Declaration shall be void unless subsequently approved by the Association. F . N0T1C1 x T - .. OF alr�, OR suxT. (1) Notice of Lien. A unit owner shall give notice to the ed M03-'.tio11 [�1 e��Lry 1.] C'11 upon ilia unit other than for per - days ma3-��ganc:�:, ta�:cs and ,,^►�eci.a7_ ;-rep•, :. a . .;ments within five, (5 ) days oft.e : the �,t:i:c 1.1ell. (2) I�oti.rc� of 5ti� i.t . A uni.t 01•7 er B11,1.l give notice to the 11s;,a^ia Lion of every suit orother proceeding which may affect the title to his unit; such no -rice to be gi.v:n t9it-hi.n five (a) days after the unit: o nnex receives kn-owledge th-_,r. of . ( 3 ) rai l ter? to Cor:��?,tr. Fai, mre t.-o comply with th:'_ Ar4a_C7_e 7_G (I)-tho Val idity of any ludic i.al. Sale. 17. AND Each Unit Dirnar F,'17all be C C7iTC ' 17Y ^:lilcl �17u.LJ. CGi y7 �.s' Y7� i:il the te:nas of the lleCl c ]:r'. Cy O1Z of C[7src U;i:tr .iyx:, the Artie] en of 711C Q7:j�Ji �tio l and I3y-Lawn of the Association, r.nd any and all regl'• .ilt.ic>l)s adopted pursuant theretor ; -they mvmy b� ataDnOcd fror:; tin3 to Ulna. Faililre of tha Unit o;• ,er to comply th,-.rewith ul-ol.1 entitle the Assn _iaticon or othar Uni � ot• nor_ s '.:a the follo-wing , ulief in addition to the remed.:i e.E; p.: ovi.ded by the Conjonminier:, Act: Is. NPGLTG7NCB. A Unit rs;al)er shall be liable for the expense of any rrma.zrlE7-,:7amnc'a, •).epair or renlac:.reant= rendered. necessary by his act, neglect or carelessness or by that: of any rrciabc� of his faLni_l.y or his or their guests, employees, agents, lesoces or other invitees, but only to the extent that such expense is not lnet by the nroc. ed.,, of insurance carried by the Association. Such liability shall include any increase in fire insurance rates occasioned by use, misuse, occupancy o;: abandonivent of. a Unit or its appurtenances, or of the Common Elements. B. COSTS AND ATTORNEYS FEES. In any arising because o an alluc-jT, tall ure of a Unit with the t+erELS Of the DCClarati.0l7, the Articles and By-.r,aws of the Aosoclat ion, and any and all adopted pursuant thereto, as they may be amends proceeding owner to comply of Incorporation regulations tl from time to Page 139 of 232 r �r. II � time, the prevailing OR 022 FG 0401 104 party s1�a11 be entitled to recover the costs of the pracoeding and such reasonable attorney fees as may be awarded by the Court. I C. NO L'T11xVEp, OF R1011TS. The failure of the Association or any Unit ❑weer to en orcc� an provision of the Condominium, Act Covenant, restriction or other rovision ion and o ._ ► this Declaration, the Article&� of adopted Laws of the Association, or the regulations p pursuant thereto, right to do so thereafter.shall not Constitute a waiver of the 1$. ASSL'SSAiENTS-, LZAIIxLTTY LIEN AND ENFORCEMENT. To provide they iuncneCeSyar of the Condamiiaiuni, the Association theon right to make, levy and collect assessments againsttheowners ofallUnits. The following provi�;ians shall govern the making, levying �zn1 col.lcensos of such assessments and the payment of the he As o.nd ex`?�enses of vperi,ting and mariagin;� the Condominium by the Assaca_ation. A. DLTi?1yMTI�A+�� r ASSESSMENTS. Assessments by the �i . Assoc:�at:�.cyr. �.ci<<��t,c�� owae:tit a iiiiy t; r�i1C� his Unit shall be the Enact .cnr�l share of the total assessments to be made against all Owners of Units and their Units as is set forth in thw Schedule 4nnexed hereto and made a part hereof as Exhibit "B". Should th:, Assoc7 at: on become the owner of any Unit(s) , he - assessmei-it which would otherw i-s e be due and payable to the i As^ociati_ea:,j icy tlle of such Unit (o) , reduced by an amoi?n:: of incc.:ne Vh"_ch May bee derived front the leaning of such Un (s) by the �',�" �Cc`:i�f+Ti 11 , wha..� be appvr. i.7 nne d and the assessment. the?-c:{aL Ovind rotablY among •the ov ae:� s of a .l Units which are � not ovnr d by the Eititiaciati.nal � paned upon their proporti.ona---L intcareCts 5.)1 t.h Com�on Elern,n#:s ehc�it.sive thcrei_n to eny Unit or Urej_%s owne-d by the Association. D� TTI'Lrr rOR PAYMENT. The aesessinent levied against the owner of eau Unit- 13.it shall be pzyahle in quarterly, or Stich a- in,,s :allyn =Its, and at euch tiro^ as shall froth t:ime to tir,»: bc! f ixcd by the Board. C. ANNUAL BUDGET. The Board shall, in accordance with the By -•Laws• of on, establish an Annual Budget. in advance for each fiscal year, which shall correspond to the calendar year, which shall estimate all eJ pences for the forth - coining ynar required for the proper operation, management and mai.ntenai-,ce of the Condom- initun including, when deemed necessary or advisable by the Board, a reasonable allowance for contingencies and reserves and shall estimate all income to becollected during the year. Upon adoption of each annual budget by the Board, copies thereof shall be delivered to each Unit owner, and the assessinent for the year shall be based upon such Budget. Failure to deliver a copy of the Budget to a Unit owner shall, however, not affect the liability of such owner for such assessment. Should the Board at any time and from time to time, determine, in the sale discretion of the Board, that the - assessments levied are or may prove to be insufficient to pay Page 140 of 232 1 1� {{�fnnr� �r+ n the costs of operatio ► R au 1-SG 0'j0 {{ the event of emer n and management I levy such additional oaos' the °f the Conclrarniniur , or. in 105 tile shall have the authority to ` to be necessary. or assesUments as it shall doom RVB annual budget, mayP when The IIaaxd, in establishing each include therein a deemed in or desirable, reserve fund for suit ep be collected and maintained as personalproperty the replacement o Units, s, for the JoIntcu eoandlements benefitand of the owners of all llnits. • GENERAL Opr TI�qG establishing each 1arl]llkl Rr,9r The Board, when or desirable, include therein budget rna�r, w'ien deemed necessary maintained as a a sum to be collected and of financial stability urirat:ing reserve to provide a measure such sums may 1�e useciytouring periods of special stress when existing as a ]rCStllt ❑ n:pet deficiencies from time to tire; owners of Units delinquerric payment of asses,smcnts by placing f i.zlan,cialac a r-e-"'lt of cMe;-gcnca es or for other rroason amount �tJ_locat�ed tstres`' upon tha A;iZ0c3.aLio17. The annual therefor shall not e„uch a�.�r:r_ati.ng rw;erve and collected annual ass• ri ce d fire pe':c:rnt (5.1) of th�� current ester' oa7f levies? against Units. Upon ar-' rual opethe owners of all in the oper.�lti,ng reserve of an amount equal L❑ tt,*4nty» I assecsn.4nt, o Iin ft:r_ther DaYments shall. becollectedal owners ofrom tho r off: Units as a contribution to such operating reserve, unless it ;hall be reduced belon the tWenty•-^ive pc_rceni (25 ) level_, 1.2� S�}lic;a c,;rer►t the annut.l. n,;aewsment against each ai:�.r.r and/or U.j it s 1•ra l l be i.n �+ /a�i � y to an �t ftpl3n t zrhi_c31 tva._1_lceeazed �o c:3tOr,- the Y*pera 1�,, .ng ,ual t�•:un-4y•-fine pc.-7cent {25;,} of th_ cua:rcnt. annua:. aarioun;: of said z) ,;;eL; . All I[loi]jC S �. CDeYi `'.C� j by iIIa r s oci.a L iot srral,:� ;sil•P.�.tcaaa the separate property of the h sociac.ion and si'ch monies may b� e � ' r } applied by the l AssOcia;:i.nn to payment of aiiy e.%Tdanse of operating and manag?.ng the Condominium, or to t11e proVer undertaking of all acts aizd ' du::ies iM ,oSnd upon it by virtue of this Declaration, the Articles and Dy-Laws and as the monies for -Innual assessments _ are paid to the Associati-nar by any Unit owner., the same r:aay be ' co -mingled with monies paid to the Associatio% by the other owners of Units.Although all funds and other assets of the Assoc.Luti.on, and an increments. thereto or y profits derived I{ therefrom, or from the leasing or use of Common Elements, including without limitation, Cor,mon Surplus, shall be held for the benefit of the members of the Association. No member of the Association shall have the right to assign, hypothecate, pledge or in any manner transfer his member -,;hip interest therein, except as an appurtenance to his Unit. L Page 141 of 232 106 G • DFY L1 4OUENCY OR DEFAULT. asses.,rtent ax taki-r ion- �=� xec a e to hea ssociati.onYshal l be in default if r�Qt paid to the Association on or before the due date thereof. tVhen in default, the ent a or installments thereof shall hear interest latuthe ratesofents ten percent (10%) per anntun until the same, and all interests due thereon, has been paid in full. H • PtR50IZAL LIABILITY ❑F UNIT Oi•MIER. The owner(s) of each unit sI .. �ti...... a as the c�1se ma be Y i--Rle: � j a- tly and severally, �' r to'the AsEOciation for the payment of all assessments, regular ❑r special., interest on such delinquent assessments or installuiet)ts thereof as above provided, and for all costs of collecting the assessments and interest thereon, or not, a a-ca.,r otj.e =,ttorncy's fee, whet her suit be brought en ity lets) or 'j.L. xEawse coding duo while such parson(s) or entity D;•diZ (;;) c'1 Uil�f:.• LXA:�IT,T'I'�' xi07.' S[1k?�7r,C"'1 ' TO WAIVER. No owner of a Unit m�3y e:,c.ia}at hip::;e , f �:om �i j;f i y`'�c r u�iy asaessme:�:: levied against such ❑�.,rner ant h's UAi.t; by Waiver of the use or enjoyment Ofanyof t}ze Corrt}ilQTl r or by ahando:unent of the Unit, or. in �x�Iy Q c17L�:" Iliia17I1L-'-';�� a L"17.11 rOR Tho knsoci ation is here,'-y arantcd a u.�0n -cawh Unit ter, nits anpurtemant undivided interest n Co-,L-non EjeTaents alld upon any exclusive night to u^^ J a parking space const:itut.J.nq Limited Common Elc=ents appurtenant to any such un _ t, wbi.ch 1 i.-n shall and does secure the m-)iii.as due for all: �� c<!';inCSRICAl{:.`: levi-d aggro.--t the Unit and the owner(E) then^of r alid (2) In tcre__ t, if ails', which may beco:na due on delinquent --Sr--3srnents owing to AsGocia-ion; and (3) costs and expo-nsr ; iisc ?_t Cii3i� a read,onaL-le- at t'oriiey' 6 fee, which may bs incurred },y the Association iki enLoxcing its lien upon the Unit and its The lien gran-ed to the AssociaLion may. be and foreclosed in the C3_r_eu:;_t Court in and for - coll_Lor Coun-Ly, r1oyi.da, and in any suit for the foreclosure of '. said lien, the Associe.tion shal.l be entitled to rental from the owner of any Unit from the; date on which the payment of any assessment or install-ment thereof be -came delinquent and she-.11 be entitled to the appointment of a Receiver for said Unit. The rental required to be paid shall be equal to the rental charged on comparable type of Units in Naples, Florida. f The lien of the Association shall also secure all advances for taxes, and payments on account of superior mortgages, Liens or encumbrances made by the Association to preserve and protect its lien, together with interest at the rate of ten percent (10%) per annura on all Stich advances made for such purpose. -26-- _=� Page 142 of 232 0.a. j1,112 F`w 0,104 107 K. Rrconw1,,c ANT) PRTORITr of LTEN. The lien of the Association sha be eikoct.lve Lrom anu after recording in the public Records of Collier County, Florida, a claim of lien stating the description of the Unit encumbered thereby, the name of the record OWIiex, the amount and date when due, and shall continue in effect until all sums secured thereby shall have been Tully paid. Such claims of lien shall include only assessments which are due and payable when the claim of lien is recorded, plus interest;, costs, attorney's fees, advances to pay taxes and prior encum)-)r_ances and interest thereon, all as above provided. Such claims of lien shall be signed and verified by an officer or agent of. the Association. Upon full payment of all slims secured by such claim of lien the same shall be satisfied of record. The lien of the n:tsociation shall be subordinate to the lien of any mortgag,) or any other lien recorded prior to the time of recording the Associ.ation's claim of lien, except that the lien of the Acsoci, t:ion for tax or special assesoment j advances wadc by Association where any ta7•i.r►g aui-11or.ity hav:_z:g jurisdiction levies any tax or _,pecial u3Mt'asmen - against t3,E Condo.ninium as an entirety instead of levying the same against eac}1 Unit and its appti-rtenan-C undivided interest i.sx Common Elements, shall be priur in lien, righC: and dignity to the 1J en of all mortgages,, lieri.s and whether or not � recorded pri.nr to the Association: s clai.m of lion then-cior, an,? the Asc sQc:lRtioal s claim of .lien for collection of such por':io�1 of any tax or special a.sressment. shall specifically design-1;n that the saiac secuY cs a;i as,se ;,rr:4:i1 levied pursuant to this = Declarat-.Lqn. L EFF7LC_` Or FQDE ,05'J r, OR JUDTCTPT, S,1 F In t.11=� e�*cz� 4 that any_aC.y ao� , i xin �a. cari7aiatia3i sha acquire title to any Unit and its appv:rtenvi.,t undivided i.ntere.nt in Co:=On dements by viri.ue of ariy forocl.osure or judicial sale, such pe;r. soil, is TM W. corporation so acquiring -title shall only be liable and obligated far assessments as shall accrue and beco ne duc and payable for the Unit and i�,:s appurtenant undivac?ud inL�rest in Car�•nia.1 Ele:ne;lts Subsequent to the date _ of acquisition of such title, and shall not be liable for the payment of any assesEraents which were in defav:lt and delinquent at the time it acquired such title, except that such person, firm or corporation shall acquire such title subject to the lien of any assessr�s;it by Association representing an appvy ti_onmer:t oT taxes or special assessment levied by tax authorities against the Condominium in its entirety. In the event of the acquisition of title to a Unit by foreclosure or judicial sale, any assessment or assessments as to which the: party so acquiring title shall not be liable shall be absorbed -27- i, Page 143 of 232 G.R. 22 M 0405 108 and paid by all owners of all Units as a Common Expense, although nothing as releasingherein containedashall bpecvnstrued the: Party Personall 1 assessment Pram the payment y fable for such delinquent collection of such thereof or the enforc�+ment of payment by means other than foreclosure. l''l • EFT'I;CT ❑F 'VOLUNTARY any Unit proposes to se TR11tJ When the owner of the same xn c provisions of this Declaration, ompliance with other the Association, upon written request of the owner of such Unit purchaser a statement verif • shall furnish to the proposed P ying the status of payment of any assessment �;�hich shall be (iue and the owner at such halt payal)le to the Association by Such statement shall be executed by any officer omenent�azt of the Aand statement ssociation nd any Purchaser may rely upon and the I�suoci;.ti.on t an co��rluding the proposed purchase transactioii, shall be bound by such statement. In tllc--�' evcrlt that a Unit. is to be. sold at thet tirzc t.lie:y p3y:1l: ;1t; of any uF=,r:s31t= aga* nc; the oime�: of the Unit and ❑ni.4 due to thc� Association s not a claim oa l',al] he in default (��:lethex or lien has becin record -ad by the Association) , then the pa_viceccl:= of st^-c}1 slay{11 b.. a 7 � first to Pa.yn�?n'. oi: �,ny then dali)kqi,entasscssment:porc}inseallmen;: thereof due to the As Dci a t.i-on before payment: of the balance of such to the ntivnn,- o f i.hc-- ❑;iW L res;po.,siblc for payment of I71 any vollIn tary conVcyanco of a Unit, the grantee shalt_ hry t+_f_nt_'.} r.;,�3 ;dire a.?.y lip:}314 with the gra.ltor for all Unpaid s.e�s�:� e= '- a;,;is' ran::or to the time ;i,.� ac1 � the r,� �-� made prior. Oi suc,l.c� :�► cOni►i? &'1cr r wit.}7bu� prejudice to the right-s of tho recovc-r K-ro :t i.l,e grantor the araoun t : pai.a by the g,_a„' n -Lh,:!zcfo.; . Institution of a suit: at law to atterlot to effect . Gollr;,u 4i_on of the payment- of any del_incluent: assessment shall_ not be (lecried to be an clection by the Association which shall prevent its thc--�:caftez se^}Ling enforcement of the collection of any su3:zs re.waining owing to it by foreclosure, nor shall proceeding by foreclosure to attempt to effect such collection be deemod to be an election Precluding the institution of sui.t at lazy to attem!Dt to effect collection of any sum then remaining owing to it. -xa- 1 :._J Page 144 of 232 N. MAINTEN A1rrCIi t _ 109 nfi5]sSS�fD contained in t t3s Dec: arati11 NTH 01� UNSOLD UrIITS. Anything notwithstanding# until all of Of Condominium to tic contrary and title transferred to the unit' have been sold liable or obligated to pat itswners# the Developer shall not be expenses On any unsold unit Pro expenses of the common been sold or the Do.Velope. r has Untilallthe units have of the Condominium to the turned oyez the operation occurs, the Develo Association, �1hichever first Per Shall be responsible for and control the maintenance and repair of the condominium does agree to keep the Condominium proper manner and further PrvpertXrmpintainedhinpthelopex agroes, if necessary, to supplementassessments received owners of sold units so as to insure that the As: aciat?_vn shall have sufficient financial resources with last a it maretaOld- Thnd e the Condominium property until the J_a:.at uni;.:s maintenance a� ,. tt�e the further_ agrees that the �SG'n alil, irt� Shall not he increased more than fifteen (15%) perceri:, in any aaie f:fiscal year. The fiscal year is from 1. January through 31 Decefisr. 19. ALTERAT.T 03,; ; :7F _..i:ex AND T4If}?T?OVY.MrENT a TO WHITS AVID Co; . -iON zhFi�._� 7TIi :��,±F7 7 , 'ems- 1_• dLill,t UtTi7C:i 170i wti4- EISSOCZd'L- o:k fit _. a i �7?7fi # � rl;}r_ U JGIgf'i1 LS on add i tiojis to units or CO3rui1Oi1 E:Lc:meniv, e,ccePt 3.11 cu*-Ilpliarice with the A.- un1 .sn the E111it ow.iea_ s 1 r, f } alia fir. �, submit plans for such t'or'.ti to ih1, 13oarr,, and the 13oa.xd, by majority vat -- shall «nd co noc-ni: thnr_r;to, no alteration of or Or addi -lion. to c^. Unij r Or to any L:ii:l'_ted Common Element to wj-i _cif the OW-ier has fin exc].vo-. re right of use, sli:tll be made, corer i=ructed ; erected Or ins-a.11ed which shall: (]_ ) remove, in or in pare, rep? ace, r:_r.-�aute, or o4her_rris,. affect e_iiy f.;oliunan, b-caring tra.11 or pure: tioil, pipe, duct, wire or conduit, or 0,bstru,c't any easerne)� t he-s:ain provided for, or (7. ) xemovo, or C' ]al1q'v the sty!(,-., patt--c n, ntaterial , te. turc or . outs=.d4 cola • of any dome, windoa, screaa, fixture, equip-In--nt or app1 _anca in or on an exterior- Unit or bui_ldincj wall, or (3) cover, from - i_3is:i to ❑r autsicte, the glass or other transparent and/or i::Lanslucen,4 material JJa any exterior do:a:: or winder.,, with, or apply or affix thereto, any material or substance v h—,-ch shz.:11 render the same opaque or change the exterior cojor thereof, except interior draperies, curtains, shades or shutters which are lined, bachad, covered or painted on the side visible from the exterior with a neutral color material, o3: (4) affix to or over any exterior door or window, or ❑therviuc install on the exterior, of any Unit or building, r -29- Page 145 of 232 i iollo any screens or glass, or arl awning or any protective or anyydStorm or hurricane shutter or enclosure, fixture decorative modify or alter the or aI?Pl�arlce, or panel , panelling, trim, erterivr- vt an (5) otherwise change, it t}iereby differs in appearance y Unit ar building so that of the building. There shall from any other Unit car portion substantial improvements or be no material alterations or except in the folloi.Iin additions ter,❑ t}le Common EJemcnts xestrictians against cl�zmging subject to the foregoing Units and/or bur ldin g the eXtelrior appeararic:e of to make or calls❑ to 5 ► the Association shall have the right be made alterations, improvements and/or additions to t}ie Coltlmala Element additional real property, sr except the acquisition of -of Units to which 56 which have been aPProved by the owner -appurtenant, The cost z/3rciy Percent of the Common Elements are .additiol:^ shall 't of such alterations r ll be asces4ec3 against ► improveln:_nts and/oy -ohmerr, o,: all i nJits as 9 �t and collected from the n • on x Otwithstz ndti s� forth to the Ci7nu?"ci��, ;I1e g `any P:=avis:�o:� h�reina,�ov, set i Association may 330az-d or. Di;-ecf_a; s of the � -,glassing of rapt a khacic apProvod ]i,3.11 :[-or Coil!)C311? � ,'7�',�• and fo?-- e-_ac1.Q in9 �7alcon-Les Uj'-Jit .'�of�►thn C} zYvz-s a Units in th3 Colldc- +illium Play screen enc - ;c. th:a ?� . lcozlic��; of their approvc;+ ba. ,J-.c: pl-zzll the.',:fifEo - Grit [1 its ire �zccor d�ll.ce -with ca-.d r h J'.sL' zl)eci_iicr c0ns,_'Ilt from the �j{7ca�C� �:� ll:L^CC`_f-[�:�fi O� t.d'' II:L;DC1c�.f:J.U�±, J7�DV?.CiF"�d tilcc'•: .�UICh iiscreanirlg o_ e,�c� 1 o�.t,z e corgi: v �_a;;- ili to the ap pro v.-,d f C. 1:7yc=i21 133 6?\Ti ionion hernj.nc .'I-r) e to th'-. co--J .-r;_r Jr L+ � Lh oa d of D:7--rec ttors of 'i h::. aDPrOve a model, ntyl.e and color of StU rla :'i`f'.ii i Lam! E_G c3 S'�c:aiUt 33lu—'.ter for U-so in tie LCondo::lin_;.v'Tl. Sur.1r :�I-02:FC1 Shutt.:,^ ;:}1311 b3 of ha typ:-, and design whic:ii i" aff iled direcit-1v ovsr a doer (.,z- window opellinq. No startle exco-pl; of the st;�Illdzz -d InOeL�1, Colo?- algid st.yl.e adop4:(xz by 1--ha Bo zd of Dirr:ctors S`lall be i1sed in or upon the Concom illium. T110 PW. Ods 0' use of v;_Ga:Fie shutters shall be subject to r. ogula tiun by the Loa)--d of Directors of the Condominium. 20. ` EM.13'NT,IFYON. The Coudoii,_J.nium ini'.;' I7 termirlatad in th►o 'following'followinia<<liiiex � �.ri au:�itic�rs to the manner provided by the Condominium Act: A, D]ESTRUCT.MN. Ili the event it is determined in the manner elsewhere �i6reLi provided that the im1-)rovements sIlall not -30m • e �Yw Page 146 of 232 be reconstructed because of total 1.11 the Condominium plan of °wnex to destruction ar major damage, without agreement. P will be ther,by terminated B. I�GItrT;Tg}:tdT. The Condominium may any time by the aPPiovZ. in y be terminated at Wr�txl]g of all a the owners of knits in the Condomin ivan, and by all moat their moa tgc,gGs . If the pro o� gagees vho have recorded meeting of the members 1' .�cd termination is submitter� to a meeting gives notice of the oVosaiatxon, the notice of which pts Lord termination, and if the approval Of the owners of Units t❑ which not lest than 65 -- 2/3rds percent of the Common Elements are appurtenant, and of the record owners of all n'03- Ludge�: upon Unit ^ t�Utained not: later: than thizt in the Condominium, are neeting, taken the aPp3.o,,i17g nyner0) days from the date of such all of the. Deli -ts of irh4 oth��' Ownersforthe eni udtending on y the ai}:t�.et:.]3 4:]� c': v f?:o]n tll p J ,- -- •• r Gate of such rrek. c;:in Sur-h [l3 r ,C�T'7[']'D', . Th% opt' c.-'.7 nhall hu, ere..c:�_ec: by c clip �,_..�; ra;, -; s laatJ_i17 .�y aex is i_fi ed tna 1 La e�nch of i:31G� l L'CG`rC' 15'i:!?. 's: S Q]: i:]]'--: U:]I tL 'l !7 �?a 71i .-Ch a yG'i� Ct cI13 cI +I C :ti''?lY`'. to purchase si_g)icd by tha reco3.d armrr,. o�: vC' ._s who aurc p3Yi ic3.l�:ai:�? ._1 i:i7r 'urc]] sc:. Eucl] cn-gr--. .)acn shZ:11 ind.-,.c;'t:a 'Which]:v e'--ckl ';:gat 2 n r?.7 t3pii: a all. C."ned by otAers bu -c;:e►itnhP.11 efft?c C e �,G"�7i.:....'�{; 4C'._'i.._ .'.:'i: 1�.]:°'::i?•_ ?i?4'i.:L� [s? Y. it � cnt.. hi.s purcltruc:r. (2) F;alc each Un•' t -:' •-r!1:_ 1L.d. by r g:•"02"uC'r,'i. ]:1e'L.�'?:;?ti3 t'Zi`... se3l.cr Ga:eA ]�;:::r-:1 �� rrit:h:i:3 t]li?-ty (30) u.ayE: Bolt the deli'v�r:r or YA ?.7.-'_ezg o^ S1331i ate' .;:C-1'l�l'1�, c-nd in tho bsei)c:e ` .. [:a of:l.. as to PKI cc_ , i_ : SI A3.1. b cue::c}_: + i nrrd aS� k?^r�? t:: atann in acc"o dance With tha t.7C:n . �, r3r.:� l:� rules of the Ain? ::.?"c^.n Arbi'wrai:ion Ar,-,oc a.4;:olt, exc:-pr.: thai: ; ;,-� i[ IJ�.l _ _LV: s :'hrx3i be tuo arjprtlioers appoint -.ad by the �•rl�r i_c: }:1 :��.: ]7 _ �;: u: pi.3 1�,s o��t won trha shall base thul_Y a4te�r;ti3lr::t :1 t] Son an avur. Zcfe of their apl?rai uals of th3 U:. t:: and a jti :: ;•:c�c��i of specific pea-'Form;nce of the sale upon tha. award r, _ridcxud by the arbitrators ors may be cantered in any co,i.L.— Of co.-nl _ tent jurisdiction. 'rho exp---jlse at the arbitration shall ba paid by tha Page 147 of 232 (3) PAYMENT. The purchase price shall be paid in cash. (4) CLOSXNG. The sale shall be closed within ten (10) days follow is n1-Tie determination of the sale price- C. CERTIFICATE, The termination of the Condominium in either of t7e or oUng manners shall be evidenced by a certificate of the Association executed by its President and Secretary certifying as to facts effecting the terminationr which certificate shall became effective upon being recorded in the Public Records of Collies" County, Florida. D. STINRES OF OVNIMRS AFTFIZ TEP.M:CI.ATION. After __� _ ter-mi-nc' tion 0-t th Cca:ict niiEum, tiie i3n�t aernex s steak own the Condominium Property and all assets of the Associat:Lon as t:.cnp..nts in c=-aon in r.ndi.vided shaa:ec r and their es and and lienor^ shall ll&vtc mortCja9 - 15.eai- upon z:1-ie ro.,pectiv;a undivided sha3:es of the Unlit owrl"r_s. Y as Such un i vicaf�d�shares } of t hleeGaminonown, rle; Zrl�tha apn11 ��te�ant to the the Lndiv .dc1(1 shores forth in Exhi-;,;it O 717C:: =� �Jj� l.:J )?« lC]Y to the terll1:.Tir2i: LC]''- iL � LrC�: iI$n lic:? ctu. not be L. �e11!`T�=;�:iI:?`_�'. This Article 20 V...03- ilk- LI:1it ❑@peers and a:: 7[1ati-f•C: [ G' i iG'C l:'•_3:[?�� to ap�3YiJCrt? tCx:Tl �lli'��:7 Q!1 shr-11 all ownT.'s Of. by agreemn_n 4 . iI 2 ,ir. n t7J'I�� :i❑ SET,lJ- %� 17L'Lr l�i]�i_ ~lk7 title r xj(��,'ti: �7 _ r -U_ any hl i;Cr[i� 5:: �l1s:C:h Q +i75v.Lllf:G' ri gh-a to lea—s:Y r. ti I1u111. i]i.vL. t• c , Person, filly or corpo�tt»iont sh�_Z.1 C'-wa ony U-n-it -r it a_l_ j 'lily' :: lcl U?l�. is i 13 an.), } i G �YTR to ;je in itr£ OWn or - t jzpon an;: tc ;:ts �:nd canditicns as ;, shy h L':lii the best i-1j.t0?7e�F;tc, and as to the sale aj_ such r IIL of "i rL'i:lT5a1r i�I- C77: i=.p-? oval r c:: any Li9 rir,]7�: O.. 3 ] , " granted to the As.;0cl at -,Oil shz:l� net ILL' re;; �I,,,-'::ion hc2:�' n gran Inunnex. or oficective ill and' 22. Sr'Vr]�T=B7CLITV, The i.nva'4di-ty in whOlc or in Part A Sian or any F.rt�cle' sul�arof to r C:oVG,Eli: 0" restx!.c 4 r provisat]n O this of and hr4se or tti'Ordr or other sentcnce r Clause, Phrase alx3 the Articles of Incorporation, DecIz,.- a.tion of Condominium c►ulatzons of the Assoca.ata-an shah. not affect By_,,: and re ortions thereof, the validity of the remaining P I3ILxTX QF DECLARATION Or CONDOMIMUM. 13. APPLICA or any ntnex person w 107I gist All present or future otimexs► -32- ! Page 148 of 232 ORBUFG 0410 use the facilitie$ o subject to then f the Condominium in any manner, are acquisition Provisions of u this Declaration, and the me3rL 1 occupancy ofoany 3 rental of any Unit, or the mere act of Unit, shall signify that the provisions of this Declaration all res acts. of Condominium are accepted and ratified in respect.. C- CONS'i'RVC�'xpN. The provisions of this Declaration shall be �� z;��— Creatin y construed to effectuate its purpose of 5 a uniform plan of Condaminivan ownership. The Florida Corldomini to time hereafter Act, as the same may be amended from time In the event of , is hereby adopted and made a Declaration and any conflict between the provisions tofethis � Caizcly-inir.iwit net the Cnndamzlli u.�i Act, the I�rovisions of the shall prevail. D. PAR'Ttr,`�bY this D a a�� The rc-;trictions and burdens r • 1 constti i=tlt� C431daminium are "'Leildcd to and �►lr'_?.?- tut - co�re3zun rulallillg With Co11.:ti a an crr h the land, and shall aPFtlztenn� tt:tit:bl_e ;ervYtude tz)otl oti�.ch Clnii: and its Doclaratioil ia�idtvxd `.� filter est. i n CG3lz:rn slelzier.�:: and thi^ acid ass; r uzilld be bindi_ilc� rzpo.l DcVo?.open-, its succe:sv:- : Jn� r �l1Cl urci� w]-1 Pa�'t;.e:, who mz -.v slib�eGltten l.;r beeo*ne ownors of Unite e re-ve fil t�7. Condlorai tip Tlr and tI1e ?.i= ~ it71�ireg4. L'�7rt'_^G3]L'ZItLV��3, succMSso:::; and na 7 �iN,.��.iT,•� fare oi.�� mac_ .. aLic.z o = [:andaa� 11 i g :I duly iiLZ��ZC`r?.� C:d n to �, C'tieCil wed, by iti t7s�d"i:?zC:: , ail tha date set . iC]z'th .Rb")%ro . LIMITED, I3EACIU'OOR Limited DY : t1 a72:Vi: Gene IL smam or rLORIDA COUNTY Cr COLL?.LR BEFORE NIi, the under --signed autilori-` y, personally appeared tIARVIN It. MEIT, I�t'@ ddknown to be a General partner in Beachmoor. Associates/ a orf da Li=sited Partnership, and who acknowledged before rr2 that he did, as a General Partner, execute the foregoing Declaration of Condominium as the act and deed of said General Partnership and that the same was executed for the purposes therein expressed. -33- I Page 149 of 232 G.R. FL2 IT 0411 IN WITNESS tdF �i.4 seA1 on this the / �Iday 1 have hereunto set my hand and V , of 1978. NQ1'nitY Y'[]HLIC My Commission expires: 1:OTA.%Y t UC STAR LY FLM-IDA AT IA4.!; �•S CO1iFt PSSIQ'� lxal[ :S OCT . iS 1ST M+= j TM a.NjA-. _,, , ter'.. {r.�}1'.,y�d'• r • '••.....• a r IVV S iR TE a.� . '�rff.�e,H!„ataaa - 4 Page 150 of 232 0.R. CS2 r' 0412 Legal Description of :1 1 5 The Reachmoor, a condominium Lots 1 and 2, Block A, CONNER'S VANDERBILT II" Per plat thereCff ESTATES Np. 1, andof in Plat Rook 3, Collier poles r cou 9r Pnblic Records of EXHIBIT "A" Page 151 of 232 AR�f 1�F �r -77 Ar.V-V-A111n� O.R. lull c 3 COIASCRMOULE of US 6, Co INTERESTS INTERESTS IN COMMON ELEMEN`�'S, CODSMQN Sii1ZZ'I,IJS & CC1I��3QN E3(PENST;S 11PPURTFNANT TQ []t1ITS n THE PE11C71M0DR, a Candami.ni�ut EIni is Nos. 3.01, 102, 103 Nos. 201, 202, 203 Nos. 3++01, 302, 303 '%"o N. C'01, 1 0211 403 NOS. 501, 502, 50, NOS, 601, 602, �iQ3 Nv;. 701, 7020 703 Nos. Sol, 002, 8-03 1\10 ;. 501, 902, 903 PE-1., PH--2, PTT--3 Exhibit "$" Fractional Undivided Share Per. Unit 1/33rd 1/33rd 1/33rd 1/33rd 1/33rd 1/33rd l/33rd 1/33rd 1/33rd 1/33rd 1/33rd Page 152 of 232 DUO od US 110 4L F-f", E L7�. iy a Li g T . 4Fay *t WvV • - .. .... .. at� �..- .. - � .tea--.ti 4.•1�w.1L � • .� QuiT-��Arrt Dn:n I'1760 ail .� THIS QUIT -CLAIM OECD. cacruted this A -!S way of —�. 1y78, by and between the CITY or NAP[.ES, 4 ELC�RIDA, n municipal corporation. art of party the first part, and COLLIER CCU.NTY and THE COLLICR CouNTY WATER-SE1.EA DISTRICT, parties of the second part: • NITN ESSETH; That for and in consideration of the sum of One and 00/100.Dollar (51.00), in hand paid by the said parties of the second part to the party of the first part, the party of the first part hereby remises, releases and quitclaieet. Unto the said parties of the second part, all the right, title, interest, claim and demand which the said party of the first Part has in and to all water lines, water transmission facilities, treater meters and appurtenances of the City of Naples, togetrer with all easements -for purposes of installing and maintaintnq the same, lying within the geographical boundaries of the pro- perty set forth on Exhibit "A" attached hereto and made a part hereof by re(Vjt': :'4C•_ TO F.W, J,N,: 0 10M) the same to the proper use and benefit QC VIC par•r.ies of the second part.��- IN tt1'rNe 5,S Wt::.:AEGF, the said party of th- first part has signed and sealed these presents the daya�td year °irst above written: t CIT7(t MAPLES, FLORIDA R. B. Anderson, :ijyor ATTEST: C_ Janet L. Davin �u r City Clerk N e Prcpdred br: John I. Flrt-chcr, City Attorney i3� ri,i:ith Strect Soi:th 0 llaF.lcs, Ftorida 33940 I r� 1 t Page 155 of 232 STATE n!' i t O;11uA, 25 r - 110 760 I E1FE3rIIY tcrrtr•v officr that ch tTria da r duly authorir-eq in Y bvfore f aforesaid to State tifnrricl take ackn�l a.�anr! Sn Zhu CD.�rr[y . , $• ANol'RSOy i+rrsonally a ; } Pe, «d and 1A4F1 L. Clerk of the CitybAVz5, N of N, aynr and Ci• T'les. respectir�lY. known to he th Persons dvscribcd In and awho exeeut nd acknaw]eil ed the forerroir. 9cd befaro , 9 nent, tir•tt they inftru ex,.euted rl,o sane, WITNESS m Y hand and seal afar -said, this in the Count 6 � uY of an J d St:at❑ - -arch , Zg�g Not If publzc i Ys L t c s j { +1 Y � h E • as _� Page 156 of 232 F r t t f r LAWYERS' ABSTRACT SERVICE, INC., A Florida Corporation Naples, Florida HEREBY, certifies that the entries contained in this ABSTRACT QF TITLE or Continuation Abstract of Title being pages numbered 1 to 260 inclusive, are the only matters of record in the office of the Clerk of the Court of the County of Collier, State of Florida, affecting the title of the land described in the caption of this Abstract. THAT all of the records of Monroe County, Florida, and Lee County, Florida, relating to the lands and property in Collier County, Florida, have been transcribed and constitute part of the Collier County Records and this Abstract of Title All Judgments and Decrees, if any, for the recovery of sums of money, all United States Internal Revenue tax liens and all Petitions in Bankruptcy, whether voluntary or involuntary, properly appearing of record in the offices of the Clerk of the United States District Court for the Southern District of Florida, for the period from the 1st day of January, A.D. 1924, to and including the 31st day of December, A.D. 1944. THAT this is a full, true and complete Abstract of Title or Continuatior, Abstract of Title to the lands described without any exception unless specifically indicated herein and shows the status of all taxes and assessments against said lands including Judgments, Decrees, Lis Pendens Notices Foreign Judgments and Judgment Lien Record. This Search covers the period of time fron-, ; Earliest Public Records to and including December 21, 1980. IN WITNESS WHEREOF, the said Lawyers' Abstract Service Inc., has caused these presents to be signed, by its duly Authorized Officer at Naples, Florida. LAWYERS' ABSCT SERVICE INC. 117832 1t uthorized Sign t 1 's f I rk f t ■ e S if ie Js to Page 158 of 232 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) BeachmMOondominlums I. sieve "agg"t (print name), as Prewer" (title, if applicable) of me Beachmw CondoftrAn owners Assodetbn. Inc. (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerQapplicantEDcontract purchaserFland that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true: 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize 0.cam'm- and aas dows,u.c to act as ourlmy representative in any matters regarding this petition including 1 through 2 above. *Notes. • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (LC.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the ,riartnerghip, • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner' of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words as trustee'. • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the fact st d in it are tr U2Y -cOgnia4le V Piate STATE OF FLORIDA COUNTY OF COLLIER Trig .foregoing 'nstrufttent was ackngyvJpged before me by means of physical presence o nG a nota . tlo t 's day of U C>� 201f-� by (printed name of owner or qualifier) 5 I�� mo Such person(s) Notary Public must check applicable box: so O`Are personally known to me Q Has produced a current drivers license Has produced as identification Notary Signature: CP10thC0A-0e11511S5 REV 3/&2020 Notary Public State of Florida l� Elizabeth Megan Lynch lift My Commission HH 461385 Expires 1214/2027 Page 159 of 232 L AO l a39VMN 133HS VdOSOB :3000 80f OMO'lON-A00-VdOS08 3WVN 31U £ZOZ d38W3030 31VO Fags 600Z000t7LOZ 'dTS of ObuegO jelluelsgnsul 'd'I'S suzniuiuuopuoD aoouzgolcag IVllIW8N5 ' doulKspesg O O u O O N O O �O{ V � Nw N cz -0 C M--I O cz • L.L cr UC/) W �+ U U -0 O CZ 4- j U r J M 4-j O 4— U N C/) a : � � a N 3 m s .0 bi rc w Q o ° w N sa i; a o h a a o Z O O o z 0.0 o O Q �, UU oM oC O L-L e O � Q1011000 a co - 2 U) z < LU � a w Z o 0 m O .x ,0.! MH HIM aaa ° 888 v 88Se ss� a vov/s/SaA'mFl—�5=6dus99�raas�3aulriunens�s�ma io�lw��raa5've�9�Orv3—foaa�owxl3xrv�x3�o TsN a o� :a �g � 4 2 a� N �P O w O sa V w �g w O w O CZ � 9p 8e V w 08 m@ 0 0 a v H 3 g zo e$ o a5 ale ` g9 Y Y Qo 9 3 - PH g#&:�� oa a ."� _ a ag "e a a . . ph 4 �a its z S sec U� _ ff o i' M �Y e a - =�a ' __! 6 �w „I R� z e es as 2ez azga ? as Waec�a�a as $i ., A Un z w a§ paa 3saaY �i¢geeEH.. . a �¢a r s T ti q m,$$mm%s�9sea�a�6a€�asea8:4��"re�e:?'e�Y$$�d33iEm �'S 3s��Y'33�44ffiYxa�$§€$ra �S€�aa$psa3e»z�"��.k�Ess$s�i;�s3e i� vok %0%. I IAt- - II r I g �= I � G o `1 m U Wp I I o o i�8 3 3 I I o I I I a I I I I - - ObObH;�81) eb3pNb^ C t o Woo J��o vest x3 , mO_ f x 'Al I I I I S I i �I I 'y I II I Y r 1 5 � c � moa of xj t� es I Z 0 < do I cz A o Is s ri A W � H \g, .sa a � F�tl \ zov/s/�� SaA'mFl-�5=6dus99�raas�3aulriunens�s�maio�lw��raa5've�9�Orv3-foaa�owxl3x x3�o Ts o� N a o� :a e I a II v ae II II ti K t � 91 Il + w o a s t 3- IIIIII�IIIII "a � e� �� es � I L 8 RUR o 3 ' o wW a ��z s0 e�j iNH cz sHE P 6 .7 of €Fs tl� W 5 6R �$� O I No: gy a €g 2�y E eyw 34 3 p4 _ �y p E �oll�w� I mom €k s$Al a :Ea Y� 3 1 w lw --1'-Imf I' -I' I lop 8 012 8 ^er §® a ap as zl z I o 1 ------------------------- I man SimrFoaaar \ I A z w zeZ/ZI/Zl O u%e © s6 II II ai II II II II II II II II II II R I II I s 1 a I II II I I I 1 1 k 3 k ~ am ff 2 m W 20 Z H o U o z� ER w ff� 00 Up: O U OM w + VO w¢ m� I W I z I � i i 8 I II II II I\ 1\ 11 11 11 1\ 11 11 1 1\ 1 xviw 3\rnixomrr \\ EX EDGE OF VEGITATION PROPOSED 6 LF OF FENCING ON EACH 6 SIDE OF MAN GATE (BY OTHERS) RELOCATED PAVER WALKWAY (157± S.F.) / Lo m I / NEW PAVER / WALKWAY (39± S.F.) � I o w / Oui U U d \ X W PROPOSED VERTICAL BATTENS SCREENING (BY OTHERS) THE BEACHMOOR, \ A CONDOMINIUM (MULTI -STORY BUILDING) CCSL LINE BEACHMOOR CONDOMINUMS CCSL CLOSE UP EXHIBIT 0 © GradyMinor W E Q 0 5' 10' SCALE: 1" = 10' Civil Engineers . Land Surveyors Planners . Landscape Architects u u u. 6rnth,1fln or. com COTIGev c01.nty Growth Management Department Development Review Dvis!on December 21, 2020 Blair A. Foley, P.E. 120 Edgemere Way S. Naples, FL 34105 RE: Insubstantial Change No. PL20200001993 Beachmoor Condominium (SIPI) Dear Applicant: This is in response to your submittal of plans showing an Insubstantial Change to PL20140002009 to construct a dune crossover at the existing dune walk through location at The Beachmoor Condominium. This office has reviewed the plans and has no objection to the changes shown unless noted under stipulations. STIPULATIONS: • 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. SIGNAGE RESTRICTIONS: • Please be advised that any permanent sign (wall, ground, monument, directory, etc.) requires a separate building permit and must meet the provisions of the Collier County Land Development Code, Section 5.06.00, and/or the applicable provisions of the governing Planned Unit Development (PUD) document, regardless of any sign placement, dimensions, or color depicted on the site and/or architectural plans approved by this letter. Please contact Annis Moxam at (239) 252-5519 to coordinate possible addressing changes. "Be advised that this project has been reviewed by staff in accordance with the applicant's description of work as identified in the cover letter. The applicant bears full responsibility for identifying all proposed work. and buildinq permits for any work shown changed on the plans but not identified in the cover letter may be rejected pending further staff review." Sincerely, Deae2o#U"r Realeu# Diuid " Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 Page 170 of 232 Cdbe-r COU14ty Growth Management Department Development Review Division COASTAL CONSTRUCTION SETBACK LINE PERMIT CCSLP — PL20200002200 This permit authorizes the owner (or authorized agent) of 9051 Gulf Shore DR. Naples, FL 34108 to 1. remove exotic vegetation from the dune 2. replant native vegetation after exotic removal in open areas of the dune and 3. to construct a dune walkover not to exceed five feet in width seaward of the CCSL on an individual parcel of land. All activities shall be in accordance with the approved Dune Walkover Dune Protection and Restoration Plan created for Beachmoor Condominium by Turrell, Hall & Associates on December 4, 2020 as well as the following conditions. GENERAL CONDITIONS: 1. This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. The ownerlagent shall obtain the required permits from the Florida Department of Environmental Protection, Division of Beaches and Shores prior to the start of any site alterations. 3. 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. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. SPECIFIC CONDITIONS: 4. This permit is effective on Friday, December 11, 2020. If it is necessary to use a vehicle on the beach for completion of the project, a Vehicle on the Beach Permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season (May 1st through October 31st). 5. The ownerlagent shall be required to re —vegetate the dune where the dune is devoid of coastal dune vegetation. (CCLDC 3.03.06. B) 6. Protective barricades shall be in place prior to commencement and remain in place until construction is complete. 7. All exotic vegetation shall be removed from the parcel prior to the completion of the permitted work. 8. Appropriate coastal dune or strand vegetation shall be required as the only stabilizing medium in any coastal barrier dune or strand vegetation restoration program. (CCLDC 3.03.06_D) . Property Owner: THE BEACHMOOR CONDOMINIUM 9051 Gulf Shore DR, Naples FL 34108 Authorized Agent: Turrell, Hall & Associates Inc., Nick Pearson 3584 Exchange Ave. Naples FL 34104 Phone: 239-643-0166 By utilizing this permit, the ownerlagent acknowledges having read and understands and agrees to the conditions of this permit. Sincerely, Deue re a Rewew D&ai" Growth Management Department 2800 N. Horseshoe Dr. Naples, Florida 34104 239-252-2400 cc. FDEP, P.O. Box 2549, Ft. Myers, Florida 33902 Maura Kraus, Collier County Parks & Rec Department �[ir,r C'-c�ttrxtS' . _ ;d For. Permit Issuance PL20200002200 Date:1211112020 Page 171 of 232 LISTED SPECIES SURVEY REPORT DECEMBER 2020 PREPARED FOR: THE BEACHMOOR CONDOMINIUM 9051 GULF SHORE DR. NAPLEs, FL 34108 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. >< Marine & Environmental Consulting PHoNE:239-643-0166 WWW.THANAPLES.COM Page 172 of 232 The Beachmoor Condominium Listed Species Survey Report December 2020 I. Introduction Turrell, Hall & Associates, Inc. (THA) has performed a preliminary listed species assessment at the property of 9051 Gulf Shore Dr. in Naples, Florida. The property where the project site can be found is located within Section 32, Township 48 S, and Range 25 E in Collier County at coordinates N 26.254326, W-81.82342 and is approximately 1.69 acres in size. This document addresses state and federally listed species that may be associated with the proposed project lands and the effect, or lack thereof, of this project on these species. Listed species that could potentially be found at the project site: • Gopher tortoise (Gopherus polyphemus) • Nests associated with any listed sea turtle species The goal of this assessment was to provide an accurate count and location of any of the above species or evidence thereof. The result of the analysis in this document is a determination that the development activities proposed are not likely to adversely affect any of the above listed species. The reasoning behind this conclusion is further discussed in the Results & Discussion section below (Section III). This document is based on information compiled from the South Florida Multi -Species Recovery Plan ("SFMSRP"), Statewide Programmatic Biological Opinions, wildlife surveys, field inspections, and other sources of information. Gopher Tortoise The gopher tortoise is a medium sized tortoise that generally reaches a total length of 10 to 12 inches in length and which is fully adapted for life in upland habitats. They commonly utilize habitats such as sandhills, upland scrub, xeric oak hammocks, or disturbed sites such as pastures or developed building sites to dig burrows. Gopher tortoises tend to gravitate towards habitats containing a sparse canopy with an open understory as this allows for easy navigation of habitat and burrows can often be structurally supported by tree roots. Gopher tortoises typically avoid dense forests as abundant roots can act as insurmountable obstacles for burrow excavation. Gopher tortoises construct burrows of usually 5 to 15 feet in length (though they can sometimes be much longer) to avoid predation and for shelter from inclement weather such as cold temperatures. Habitats containing or being actively utilized by gopher tortoises are easily identified by the burrow apron of fresh (often white) sand that is excavated from the burrow which is often "decorated" with droppings in and round the burrow entrance. Sea Turtle Nests Nests constructed by any one of the 6 sea turtle species that inhabit U.S. waters, which are all considered endangered under the U.S. Endangered Species Act, are protected. Nests can be identified by a buildup or mound of sand. More recent nests may still contain tracks from the mother sea turtle. In more developed areas such as beaches within the City of Naples or Collier 1 Page 173 of 232 The Beachmoor Condominium Listed Species Survey Report December 2020 County, nests may be marked with stakes and caution tape. Nests are most typically be found during the nesting season, which ranges from May 1st to October 31st. 2 Page 174 of 232 The Beachmoor Condominium Listed Species Survey Report December 2020 II. Methodology The basic objective of any wildlife survey is to obtain evidence that wildlife species are utilizing the subject site. The site may serve as a primary or secondary feeding/foraging or nesting zone or merely be adjacent to those sites for a particular listed species. Before any survey is carried out, a number of publications and references are consulted, including The Official List of Florida's Endangered Species, Threatened Species, and Species of Special Concern, Florida Fish and Wildlife Conservation Commission (FFWCC) Wildlife Methodologies Guidelines, The Standardized State -Listed Animal Survey Procedures for SFWMD ERP Projects, and the Florida Natural Areas Inventory (FNAI), and Collier County aerial photography. Additionally, prior to arriving on -site, aerial photos and FLUCCS mapping of the site are consulted and a system of meandering transects are plotted throughout the project site, intended to be followed during any site visit(s). During a site visit, a slow pace along the transects is maintained, stopping every few minutes to look and listen for movement, calls of any animals, burrows in the ground, tree cavities, and other direct or indirect evidence of utilization. Any evidence found is located with a GPS and noted in anticipation of the need for further investigation prior to clearing. If a burrow or sea turtle nest is found during any survey period, it is noted and located with a hand-held GPS. All burrows are examined, and the activity status is determined and recorded. Burrows are classified according to Wildlife Methodology Guidelines of the FWC as: Potentially Occupied - readily apparent, recent utilization of the burrow by tortoises. This is apparent from tracks or drag marks, recent excavation, and open, maintained burrow entrances. Abandoned - no evidence of recent utilization and deteriorated status of burrow entrance. Leaf litter, cobwebs, and debris covering the burrow and/or entrance point towards evidence of a lack of utilization. Other Species - burrow shape is clearly not consistent with a crescent shape, tortoise tracks are not present, a signature apron of white sand and/or decorations are absent from the burrow entrance, etc. 3 Page 175 of 232 The Beachmoor Condominium Listed Species Survey Report December 2020 III. Results & Discussion The initial survey was conducted on September 11th, 2020 and a follow up assessment was conducted on 11/19/2020. Both surveys were conducted according to guidelines of the Florida Fish and Wildlife Conservation Commission. The project site consists of a multi -family high rise development with parking areas and landscaping, which comprises the majority of the 1.69-acre parcel. A portion of the rear (west) yard consists of a coastal dune and beach habitat which faces the Gulf of Mexico. This habitat is vegetated predominantly with beach naupaka (Scaevola taccada). To the north of the project site is additional multi -family high-rise development, to the east is a mixed use commercial and residential development, and to the south is a public beach facility. The conditions present at the time of the survey can be seen below in Table 1. Table 1: Conditions uresent during the listed species survey at the subject property: Survey Date Time Surveyedv Temperature Wind Conditions (mph) Weather 9/11/2020 9:00 a.m. -10:00 a.m. 80 5 -10 Fair 11/19/2020 1:30 .m. - 3:00 .m. 78 10 -15 Cloud During both survey periods, no direct or indirect evidence of listed species utilization was observed. Because no evidence of listed species or utilization was observed during the initial and secondary site visits, no additional site visits were conducted. While the project site contained no sea turtle nests or burrows, it should be noted that the habitat composition of some areas of the site are consistent with that which may be utilized by both sea turtles and gopher tortoises. Therefore, it is possible that the surrounding area (outside of the survey area) may still be utilized. However, considering the project site was void of listed species or evidence thereof, negative effects to listed species are not expected to occur as a result of the proposed project. If there is reasonable concern that tortoises may wander into the work site during construction, silt fence may be utilized to limit such movements until work has concluded. 4 Page 176 of 232 The Beachmoor Condominium Listed Species Survey Report December 2020 IV. Conclusion Based upon this survey, it is THA's opinion that construction at the proposed work site will not impact any listed species (specifically gopher tortoises or nesting sea turtles). 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O 4a m FmQ �oQo dL) H� o [V W .'1 a If7 N m o } ! m � O LO LLI L\ N m N O 0) ^(0 LL 12/13/22, 3:44 PM Permit Details DEP - BEACHES AND COASTAL MANAGEMENT SYSTEM SUMMARY REPORT - PERMIT December 13, 2022, 3:43 pm Permit#: C0000475 Section: Coastal Engineering Permitting Section Emergency: No File Type#: Permit Permit Type: CCCL - Coastal Construction Control Line Consultation Date: ATF: No Received: 04/18/1994 First Entry: 11/23/1994 County: CO Assigned: Tony McNeal Inspector: Closed: 01/03/2000 Inactive#: 0918-0316P User Id: 4689 Staff: Notes: Fileid: 13660 PERMIT STATUS: Status 30 Deadline* 90 Deadline Completion Authority Complete? Waived? Closed 12/02/1994 01/31/1995 11/02/1994 Staff Yes No REQUEST FOR ADDITIONAL INFORMATION: Request Date Receive Date I Notes Error 05/17/1994 1 11 /02/1994 1 No AVER: Request Waive Until indefinite AGENT: Status Agent Name Company Other Info Phone Other Phone? OWNER: Status Owner Name Company Other Info Phone Other Phone? Collier County Current Owner Conrecode, Tom 2800 N. Horseshoe Drive 813-643-8480 0- NAPLES, FL 33942 LOCATION: PROJECT NAME AND ADDRESS: Name Address Defaulted? Vanderbilt Beach Road W. 600' Vanderbilt Beach Road Yes RANGE MONUMENT: County I From I Dir/Dist To Dir/Dist Notes CO I R 029 N0000/N0230 GEOGRAPHIC LOCATIONS: SPZ Easting Northing DatuCrn GeoType GeoSRID GeoX GeoY GeoZ hftps:Hprodapps.dep.state.fl.us/bcros/secure/PermitDetails/getPermit/l3660 1/3 Page 194 of 232 12/13/22, 3:44 PM Permit Details EAST 1386317.63 698958.82 INAD831 2001 3086 1 617054.938489343 251880.891763732 DESCRIPTION Action Addition New New New New New New Temporary Description Paved Area more than 144 Square Feet Fill Other Minor Walkways, Boardwalks And/Or Stairs Landscaping Revetment or Toe Scour Protection Subgrade Utilities (e.g. Septic tanks, Drainfields, Wells, Electrical & Sewer lines etc Walls - Sand Retaining FINAL ORDER Action# Original Mail Date: Notes: Intent Date: Publish Date: Issue Date: 01/31/1995 Expiration 01/31/1997 Date: NOTICE O PROCEED: Issue FLC TABLE: Receive Date I Action Date I Approved Notice to Proceed Issued? Yes Petitioned? No PCC Required? FLC Rquired? FCR Rquired? Yes FINAL CERTIFICATION REQUEST (FCR): Construction I Request II Request Received FI Request FI Received I— Violation? Comments Status C 1 1 112/21/1999 No Decision Approved Approved Approved Approved Approved Approved Approved Approved FINAL ORDER (HISTORY): Action I Mail Date I Intent Date I Publish Date I Issue Date I Expire Date I Petition? IResolve Date nNotes MONITOR: Status Period Description Due Date Compliance Date FEE: Code Transaction Amount Date Doc # Paid By Comments Credit (Money �CCCL Permit $220.00 04/18/1994 441801 Collier County Received) Fee Credit (Money CCCL Permit $220.0011/01/1994 466337 Collier Fee County Received) https://prodapps.dep.state.tl.us/bans/secure/PermitDetails/getPermit/13660 2/3 Page 195 of 232 12/13/22, 3:44 PM Permit Details Total Total Total Total Credit Total Debit Refund Levied Assurance I Balance $440.00 $0.001 $0.00 $0.00 $0.001 $440.00 LINK TO FILES: Links MODIFICATIONS: Modification C0000475 LINK TO VIOLATIONS: VioVComp# I Mitigation? MICROFILM: RoII16 Batch16 Begin16 End16 Images16 Fiche16 Ro1135 Batch35 Begin35 End35 I Images35 FicheM Adjunct 13660 49 1235 1319 85 2 295 49 7 7 1 21 1 4 NOTES: https://prod apps.dep.state.fl. us/bcros/secure/PermitDetails/getPennittl 3660 3/3 Page 196 of 232 12/13/22, 3:42 PM Permit Details DEP - BEACHES AND COASTAL MANAGEMENT SYSTEM SUMMARY REPORT - PERMIT December 13, 2022, 3:41 pm Permit#: C0000543 Section: Coastal Engineering Permitting Section Emergency: No File Type#: Permit Permit Type: CCCL - Coastal Construction Control Line Consultation Date: ATF: No Received: 09/21/1995 First Entry: 10/20/1995 County: CO Assigned: Inspector: Closed: 01/10/1996 Inactive#: 0670-8357N User Id: 5597 Staff: Notes: Fileid: 13747 PERMIT STATUS: Status 30 Deadline* 90 Deadline Completion Authority Complete? Waived? Closed 10/21/1995 12/20/1995 09/21/1995 Staff Yes No REQUEST FOR ADDITIONAL INFORMATION: Request Date I Receive Date I Notes Error WAIVER: Request Waive Until Indefinite AGENT: Status Agent Name Company Other Info Phone Other Phone? E. W. Cleveland, Inc. Current Agent Cleveland, Barbara Post Office Box 1347 941-775-7000 0- NAPLES, FL 33939 Status Owner Name Company Other Info Phone Other Phone? Beachmoor Condominium Owners AssoCurrent Owner Meldon, Thomas E. 9051 ulfshInc. 0_ 0_ 9051 Gulfshore Drive NAPLES, FL 33940 LOCATION: PROJECT NAME AND ADDRESS: Name Address Defaulted? Beachmoor Condominium 9051 Gulfshore Drive, Naples Yes RANGE MONUMENT: County I From IDir/Dist To Dir/Dist Notes CO I R 029 IN02601SO040 https://prodapps.dep.state.fl. us/bems/secure/PermitDeta ils/getPermit/l 3747 1/3 Page 197 of 232 12/13/22. 3:42 PM Permit Details GEOGRAPHIC LOCATIONS: SPZ Easting Northing I) Pm GeoType GeoSRID GeoX GeoY GeoZ EAST 386318.59 698954.09 INAD831 2001 3086 617055.263083604 251879.454425206 DESCRIPTION Action Description Addition Decks, Porches, and Balconies attached to Major Structure FINAL ORDER Action# Original Notes: NOTICE TO PROCEED: Issue Mail Date: Intent Date: Publish Date: Issue Date: 10/18/1995 Expiration 10/18/1996 Date: FLC TABLE: Receive Date I Action Date I Approved Decision Approved Notice to Proceed Issued? Petitioned? No i PCC Required? FLC Rquired? FCR Rquired? Yes FINAL CERTIFICATION REQUEST (FCR): Construction I Request lI Request Received FI Request FI ReceivedlViolation?l Comments Status C 112/19/1995 o FINAL ORDER (HISTORY): Action I Mail Date I Intent Date I Publish Date I Issue Date I Expire Date I Petition? Resolve Datel nNotes MONITOR: Status Period Description Due Date ComplianceDate FEE: Code Transaction I Amount Date Doc # Paid By Comments Credit (Money CCCLPermit $220.00 09/22/1995 104664 E.W. Fee Cleveland Received) Total Total Total Total Credit Total Debit Refund Levied Assurance Balance $220.00 $0.001 $0.001 $0.001 $0.001 $220.00 https://prodapps.dep.state.fl.us/bems/secure/PermitDetails/getPermit/l 3747 2/3 Page 198 of 232 12/13/22, 3:42 PM LINK TO FILES: Links -8006354 MODIFICATIONS: Modification CO000543 L NK TO VIOLATIONS: Viol/CompkI Mitigation? Permit Details MICROFILM: RoI116 Batch16 Begin16 End16 lmages16 Fiche16 Ro1135 Batch35 I Begin35 End35 I Imagcs35 Fiche35 Adjunct 13747 5 792 837 46 1 200 $ 256 256 2 1 No NOTES: https://proda pps.dep.state.fl.us/bcrostsecure/PermitDetails/getPermit/13747 3/3 Page 199 of 232 THE BEACHMOOR CONDOMINIUM DUNE WALKOVER DUNE PROTECTION AND RESTORATION PLAN December 4, 2020 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHoNE:239-643-0166 WWW.THANAPLES.COM Page 200 of 232 Beachmoor Condominium Dune Walkover and Restoration December 2020 1 INTRODUCTION The Beachmoor condominium, located at 9051 Gulf Shore Dr in Naples FL 34108, just north of the Vanderbilt Beach Rd. public beach entrance is proposing to construct a dune walkover within an existing footpath for access to and from Vanderbilt beach. The project site is located in Section 32, Township 48 S, and Range 25 E within Collier County. The applicant is proposing a private, 5' wide by 35' long (175 square feet total) pile supported boardwalk to traverse an existing footpath that is already utilized for beach access by the residents of the Beachmoor condominium. Although the walkway itself will only minimally and temporarily impact vegetation for access of construction equipment, exotic vegetation removal is required as part of the Site Improvement Plan (S1P) and Coastal Construction Setback Line (CCSL) permit. This document specifically provides information concerning the coastal dune vegetation protection and restoration for the proposed Beachmoor condominium dune walkover project. Turrell, Hall and Associates, Inc. conducted an ecological site assessment for the subject property. The goals of this assessment were to: • Map and classify existing vegetation associations on the property • To identify uplands and wetlands on -site • To research the presence or absence of state or federally listed species by completing a threatened and endangered species survey. • To assess the construction staging area and devise a replanting plan. The existing footpath is approximately 5' in width. Because the proposed dune walkover is 5' in width, installation should not impact any vegetation besides minor trunming as needed. The proposed project is located entirely over uplands and will not impact any listed species per a survey conducted on September 14 and November 19, 2020. Specifically, no gopher tortoise burrows were observed within proximity of the project site, no sea turtle nests were documented within the area, and no shorebird nesting was documented nearby either. Page 201 of 232 Beachmoor Condominium Dune Walkover and Restoration December 2020 2 EXISTING CONDITIONS The proposed dune walkover will cover only about 175 square feet. However, the dune restoration area encompasses a much larger area- at roughly 3,000 square feet. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify all of the vegetative communities occurring within the site boundaries. The attached FLUCFCS exhibit shows the subject property, its vegetative cover, and depicts the approximate limits of any wetland and upland areas. A general description is provided below in Table 1 along with any site -specific nuances that may be relevant to the assessment. 'P�ikl- 1 • FT TT('F('q fnr hahi+A+S fcnmd on Site yFLUCFCS Code Description Acres Jurisdictional Wetlands 134 Multiple Dwelling Units, High Rise 1.17 No 181 Swimming Beach 0.27 No 322 Coastal Scrub 0.18 No 322E4 Coastal Scrub 90% exotics 0.07 No Total: i 1.69 2.1 Vegetation Associations All major vegetative communities were field located. The site consisted of a multiple dwelling unit high rise development, a swimming beach, and a coastal scrub. The boundaries of each habitat can be seen on sheet 2 of the attached exhibits. A general description is provided below along with any site -specific nuances that may be relevant to the assessment. 134 - Multiple Dwelling Units, High Rise This area consists of developed and maintained land associated with a multi -family, high-rise development (3-stories or higher). 181- Swimming Beach This area consists of a public sandy beach without vegetation, used for recreational purposes. 322 - Coastal Scrub This habitat is typically found in the coastal zone and consists primarily of saw palmetto, sea grape, railroad vine, sea oats, and sea purslane. This area on -site is currently dominated by sea grape (Coccoloba uvifera) and beach naupka (also known as Scaevola taccada or simply scaevola). All exotic species (including Scaevola) will be removed as part of the proposed project. 2.2 Vegetative Impacts The Beachmoor Condominium is an existing multi -family development situated on the landward side of the dune habitat that faces the Gulf of Mexico. Access to the beach from the condominium is achieved via a single, natural grade footpath that traverses the Coastal Scrub dune habitat on site. The only impacts to vegetation proposed as part of this project will be negligible, temporary Page 202 of 232 Seachmoor Condominium Dune Walkover and Restoration December 2020 trimming impacts for access of construction equipment to the dune walkover location. All other vegetative impacts will be associated with removal of exotic vegetation, which primarily consists of scaevola. All exotic vegetation will be replaced with appropriate native species. The type and number of dune plants that are anticipated to be planted can be seen on exhibit 4. Page 203 of 232 Beachmoor Condominium Dune Walkover and Restoration December 2020 3 PROPOSED CONDMONS The condominium and all livable structure will remain as -is. The only change proposed which requires this dune restoration plan is the construction of a 5' wide by 35' long dune walkover. In total, the project will consist of 175 square feet of decked structure within an existing footpath. Additionally, to satisfy county requirements of maintaining only native vegetation within all dune habitats found on site, an approximately 3,000 square foot area will be cleared of exotic vegetation and re -planted with native vegetation. All work will occur outside of sea turtle nesting season. No other alterations to dune habitat are proposed as part of this project. 3.1 Staging and Work Area Staging for the project will occur within a parking area that is located to the east of the dune walkover. Ample access from the parking area to the work site already exists and so no additional impacts to vegetation or dune habitat are expected to occur with the dune walkover project. If required, silt or construction fencing will be utilized to confine construction and staging to the specified areas. 3.2 Re -Planting Plan There is no vegetation in danger of being impacted by staging or construction with the exception of some minor trimming within the existing footpath for access of equipment to the dune walkover site. Trimming should be minor enough so that plantings are not required. There is a significant area of the dune habitat that has been taken over by the invasive scaevola plant, as seen on the attached FLUCFCS exhibit. All scaevola and other exotic species will need to be eliminated from the site and replaced with appropriate native species in order for a C.O. to be issued for the dune walkover. If machinery is necessary for exotic removal to occur, all applicable local permits will be obtained (including vehicle on the beach permits) as required. Access to the site will be either through the existing footpath on site or the public beach access located approximately 300 feet to the south. All vegetative debris will be removed from the site and disposed of at the landfill or other approved disposal site(s). Plantings will be installed following completion of the construction activities and exotic vegetation removal, when potential for accidental impacts to the plantings has been minimized to the greatest extent possible. The proposed re -plantings will occur during the rainy season if possible or watered with a temporary irrigation system. Any temporary irrigation will be removed once the plantings have been deemed established. Follow up removal of recruiting scaevola will need to occur in perpetuity after planting of the sea oats. Table 3: Ve etation to beplanted: #planted/#impacted I Common Scientific Plant PlaUniola n ting Name Name Sizes Locations 100 / 0 Sea Oats aniculata Page 204 of 232 Beachmoor Condominium Dune Walkover and Restoration December 2020 The proposed restoration will consist of installing plantings per Table 3 above over 100% of the area that is currently dominated by scaevola. If any of the above plant species are not available for purchase, suitable alternatives may be substituted as needed upon approval. Plantings should reach a minimum of 50% coverage or better after 1 year. 3.3 Monitoring Plantings will be monitored until well established. Monitoring will occur quarterly for a single year to provide documentation to County and State reviewers that plantings have established. An annual summary will be provided at the conclusion of the 4th monitoring event documenting status of the plantings, removal of temporary irrigation (if utilized), and any re -planting that was necessary during the year to replace vegetation that did not survive. The photographs included in this report show the existing condition of the vegetation between the seagrape portion of the dune habitat and the sandy beach. If the success criteria below are not met, then additional monitoring will occur until the success criteria has been met. 3.4 Success Criteria The intent of the restoration plantings proposed is to restore the dune plantings to proper, natural conditions following construction activities. A minimum of 80% of the restoration plantings proposed will be required to survive in order to adequately replace the scaevola that is currently present and provide the correct vegetative coverage density for the dune habitat to be maintained. Any plantings that do not survive the first year will be immediately replaced. Any non-native vegetation that becomes established will be removed. The quarterly monitoring reports will document the survivorship of the plantings as well as the percent coverage of the dune area to demonstrate that the area has been fully restored. Coverage by sea oats must reach/maintain a minimum of 50% vegetative coverage in order to discontinue annual monitoring. 5 100/0 Sea purslanSesuvium e onc�lacastr cnt 1 gal 3' centers 50/0 Sea Grape Coccoloba uvi fera 3 gallon 5' centers Page 205 of 232 Beachmoor Condominium Dune Walkover and Restoration December 2020 View of beach and dune habitat consisting primarily of scaevola, facing south e 3 i8 n �y View of beach and dune habitat, facing northeast 6 Page 206 of 232 w N N ptl u°ss6uini� - $ ( rn,•rdny ° L x m i♦ Z z E r 41010 r- LL N O f9 s �o Z 0 -. 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Planners . Landscape Architects Name of Applicant: Beachmoor Condominiums Variance Petition Application LDC 9.04.06 Collier County Application No. PL20240011048 Specific Requirements for Variance to the Coastal Construction Setback Line Date Prepared: 12/13/2024 Agents: David Morris, P.E., Q. Grady Minor & Associates, P.A. Below find the information required in section 9.04.06 of the Collier County Land DevelopmentCode: Section G Procedure for obtaining variance: A written petition requesting a variance from the established setback line shall be filed with theBCC or their designee. The petition shall set forth: a) A description of petitioner's property to include the information requested on the currentCollier County request for a coastal construction set back line variance form. • The Coastal Construction Setback Line Variance Petition Application is filed along with this written petition. b) A description of the established setback line and the line which petitioner wishes to be varied. • The 1974 State of Florida or Natural Resources and Coastal Construction Control Line (Per the revised Map or Record, recorded May, 1980, Coastal Setback Line Book 1 Pages 13-25, Collier County, Florida) c) The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County Growth Management Plan, Conservation and Coastal Management Element. The Beachmoor Condominium is desirous of securing their property and enhancing a previously permitted dune walkover (SIPI - PL20200001993, CCSLP - PL20200002200) with the addition of a man gate and fencing. The gate and fencing (6 LF on each side of the man gate) will also serve as a means of security for the site so as not to allow unauthorized entry onto private property from the beach. In addition, the existing brick paver walkway from the building to the dune walkover is being shifted slightly to the south so that it aligns with the rear exit of the building. Additional brick pavers are also proposed in the same location so that the bricks are symmetrical on both sides of the covered parking at the rear entry to the building. The proposed relocated Paver Walkway (157 SF) and 6 LF of fencing is approximately 95' West of the CCSL. • The proposed New Pavers (39 SF) are approximately 70' feet west of the CCSL • The proposed is consistent with the Collier County Growth Management Plan, Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 • Fax. 239-947-0375 3800 Via Del Rey EB 0005151 • LB 0005151 • LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com G:\Engineerin2\PROJ-ENG\B\BCSDPA\Civil\03Desi2n and Permitting\00 CCSL\Variance\2024.12.09 Variance Justification.docx Client Services Vanderbilt Beach ADA Viewing Platform December 13, 2024 Page 2 of 3 Conservation and Coastal Management Element as there would be no adverse impacts to natural resources including dune habitat and native vegetation (Goal 1) as all proposed improvements are landward of the dune habitat and existing vegetation line. There is no native vegetation in danger of being impacted by staging or construction activities (Goal 6) as all proposed improvements are landward of the existing vegetation line. The proposed improvements will have no adverse impacts on coastal resources (Goal 10) including natural beach dynamics and function as all proposed improvements are landward of the existing dune habitat and vegetation line. Collier County's Conservation and Coastal Management Element is divided into thirteen (13) separate goal areas. These are summarized as follows: The applicable responses to each element are listed after each item in italics. 1. Protection of natural resources: There will be no adverse impacts to natural resources including dune habitat and native vegetation as all proposed improvements are landward of the dune habitat and existing vegetation line. 2. Protection of surface and estuarine water resources: This project does not affect this element. 3. Protection of -groundwater resources: This project does not affect this element. 4. Protection of freshwater resources: This project does not affect this element. 5. Protection of mineral and soil resources: This project does not affect this element. 6. Protection of native vegetation and wildlife habitat: a. There is no native vegetation in danger of being impacted by staging or construction activities as all proposed improvements are landward of the existing vegetation line. b. No lighting is proposed. c. No sand material will be moved from the beach seaward of the 1974 Setback. d. The delivery and staging of materials and construction will be undertaken or supported from the landward side of the project and will not disturb native vegetation & wildlife. e. An environmental assessment of the native vegetation was conducted and a FLUCFCS Map was generated and is included with this variance request. Additionally, a gopher tortoise survey was completed as part of this project, and there are no burrows. 7. Protection of fisheries and wildlife: a. A gopher tortoise survey was completed as part of this project, and there are no gopher tortoise burrows. b. The work in this area will be completed outside of sea turtle nesting season. 8. Maintenance of existing air quality: G:\Engineering\PROJ-ENG\B\BCSDPA\Civil\03Design and Permitting\00 CCSL\Variance\2024.12.09 Variance Justification.docx Page 216 of 232 Client Services Vanderbilt Beach ADA Viewing Platform December 13, 2024 Page 3 of 3 This project does not affect this element. 9. Management of hazardous material and hazardous wastes: This project does not affect this element. 10. Protection of coastal resources: a. This project will have no adverse impact as stated above. b. The proposed improvements will be designed to comply with local and state sea turtle lighting requirements for sea turtle protection. The siting of the project will not have a negative impact on their potential for interaction with the natural functions of the beaches and dunes. c. The delivery and staging of materials and construction will be undertaken or supported from the landward side of the project and will not utilize the beach for access. 11. Protection of historic resources: This project will not affect this element. 12. Hurricane evacuation and sheltering: This project does not affect this element. 13. Avoiding duplication of regulations: Not applicable. G:AEngineering\PROJ-ENG\B\BCSDPA\Civil\03Design and Permitting\00 CCSL\VarianceA2024.12.09 Variance Justification.docx Page 217 of 232 lei R d 0 1 11 11 50 s a up 1 1 11 i s S I & :! 11 L spa A 1w 10 1 N 6 :e a eve : 1 R C', Cl) C14 0 00 N 01 0) cu CL _ �wupa ww. �" , 1 ' i° aoowu�-va as av:o �m5 S N3WW00 fHY 01 SNO1103tl 00 MLNS 03OSS1 W p�StN a a /� * _ '_36 d'JVnVQ N`I aNVDIUWM -i�dd ��1�H�d�B S1N3WWOO fHv O1 SN01103YNOJ 4zow 03HSS1 3d'WIOM �o4PSM 1nA/`\ 1' ddV ONY M31" 311S HOA 03nSSI KHZ2 03HSS1 W S1lVi34 3iVS SS3OOb' HOV39 ""o wivanPen•iouwwwo0 ... R` mmm ANVNIWIl3Yd NOd O3OSSI K x 03OSS1 W '8 NOIS 1N3nnNOW 3ONHb1N3 N011dlUOS3O 31VO 310N u o I = z z = * z z 0 I� �, - -- --- ---J' :. ' Z o} H IL---------------------------------- J L------ ------------J-1- - - - - - - - - - - - - I W F ai � II W � W Q Q � W ul W" J Fl I z r,.-. --- -.. --- - -- -- --- - lo - I:. ♦•I: � �-- I I z YJww a w ol J1... U NAP I x ��-.� I � I paw ■ ■ — — — Sm o gg� "So =F ao�� <IS` OV W w'-pooii h.- = �� I I 3Sso�o��o��o �?Qa�ooa= �„�� €°ea�p€ Wp�3�9m —M: ':�j"OHN woo 1`58i! w g3Wm °�`>M � '\ �09�€ oap;� Ewa �onN No MOM : m m.a Fa�Hx 21-MwHN =3 I O I I r W I �cs " s- i I--.s .z -� ,.c-, i !Y II I I Variance Addendum: Ground upon which petitioner relies for thegranting of the variance The Beachmoor Condominium is desirous of securing their property and enhancing a previously permitted dune walkover (SIPI — PL20200001993, CCSLP — PL20200002200) with the addition of a man gate and fencing. To enhance the aesthetics from the beach, the man gate will be included in an arch design that is shown on the architectural plans included with the SIR — PL20230018146 submittal. The gate and fencing (6 LF on each side of the man gate) will also serve as a means of security for the site so as not to allow unauthorized entry onto private property from the beach. In addition, the existing brick paver walkway from the building to the dune walkover is being shifted slightly so that it aligns with the rear exit of the building. An additional +/-47 SF of brick pavers are also proposed in the same location so that the bricks are symmetrical on both sides of the covered parking at the rear entry to the building. The proposed is consistent with the Collier County Growth Management Plan, Conservation and Coastal Management Element as there would be no adverse impact to water qualityvolumetrics, native vegetative communities, or wildlife habitat. Proposed improvements are all landward of the existing dune and vegetation line. The minimal increased impervious area has been accounted for on the SIR plans. Page 220 of 232 (CHAPTER S, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter S E. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Urnpenhour, Senior Planning Technician WHO ON OATH SAYS THAT HEISHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COL COUNTYILANDkVVELOPIMaENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PLMA001 Q. Grady Minor and Associates, LLC ATU OP APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 38CO Via Del Rey, Bonita Springs, FL 34134 CITY, STATE Z I P The foregoing instrument was sworn to and subscribed before me this 1$ day of February . 20 25 by Sharon Urnpenhour , personally known to me et, who predueeO es and who di&did not take an oath. Signature of Notary Public ""T'`"! •, CELENAM. MARSHALL *: .+= MY COMMISSION # HH 600388 a EXPIRES:October 6, 2028 'iFOF FLO: My Commission Expires: (Stamp with serial number) Rev. 314/2015 Celena M. Marshall Printed Name of Notary Public Page 221 of 232 PUBLIC HEARING NOTICE BEACIIMOOR CONDOMINIUMS (CCSVI PETITION 0:PL20240011048 HEX: AJ,It11. 10. 202; - 1,011 PAI- [;ROWTII MANAGEMENT BI11L[11NG.2800 � I10RS65110E I]RIVE N0RTH, ROOM 609/61U. NAP1,F5, FI.34104 CRAIG BROWN: 239.252.2546 _ t Page 222 of 232 ._.."'•••,"""��a;e�'��I��IIIIIIIIIIIIIIIIII��YII Page 223 of 232 EX EDGE OF VEGITATION PROPOSED 6 LF OF FENCING ON EACH 6 SIDE OF MAN GATE (BY OTHERS) RELOCATED PAVER WALKWAY (157± S.F.) / \ NEW PAVER \ WALKWAY \ (39± S.F.) o / o 4, w uj of Of >w / oui ova �< M to X W W / / / o .'. _ PROPOSED VERTICAL BATTENS SCREENING (BY OTHERS) THE BEACHMOOR, / / \ A CONDOMINIUM / / \ (MULTI -STORY BUILDING) CCSL LINE-� A BEACHMOOR CONDOMINUMS ©GradyMinor w e CCSL CLOSE UP EXHIBIT Q 0 5' 10' Civil Engineers . Land Surveyors SCALE: 1„ _ ,� �, Planners . Landscape Architects u. 6rnth,1flnor. eoi POSTARMYSIN Collier County GROWTH MANAGEMENT COMMUNITY DEVELOPMENT Planning & Zoning Division 2800 North Horseshoe Drive Naples, Florida 34104 PUBLIC HEARING NOTICE Beachmoor Condominiums (CCSV)Petition Type: Coastal Construction Setback Line Variance Petition No.: PL20240011048 Planner Name: Craig Brown Phone: (239) 252-2548 This is to advise you of an upcoming public hearing because you may have interest in the proceedings, or you own property located near the vicinity of the following property. Bayside AVE Project Location 100thAVE N 99th AVE A For more information, or to register to participate remotely: https://bit.ly/PubIic_Hearings *Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues ❑� Q For difficulties registering please call Ailyn Padron at (239) 252-5187 or email to ailyn.pad ron@CollierCountyFL.Gov. Hearing Examiner: Date: 4/10/2025 Time: 02:00 PM Location: GMCD Conference Room 609/610 2800 N. Horseshoe Dr, Naples, FL 34104 Meeting information: Individual speakers may be limited to five (5) minutes on any item. Persons wishing to have written or graphic materials included in the agenda packets must submit materials a minimum of ten (10) days prior to the respective public hearing, to the county staff member noted above. All material used in presentations before the Hearing Examiner will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division, located at 2800 N. Horseshoe Drive, Naples, FL 34104, (239) 252- 2400, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available upon request. This petition and other pertinent information related to this petition is kept on file and may be reviewed at the Growth Management Community Development Department building located at 2800 North Horseshoe Drive, Naples, Florida 34104. See reverse for more information Page 226 of 232 Hearing Examiner to consider the following: A RESOLUTION APPROVING, WITH CONDITIONS, VARIANCES FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR THE CONSTRUCTION OF A BEACH DUNE WALKOVER FENCE/GATE APPROXIMATELY 95 FEET SEAWARD OF THE CCSL AND THE RELOCATION OF A 157 SF PAVER WALKWAY TO LINE UP WITH DUNE WALKOVER APPROXIMATELY 70 FEET SEAWARD OF THE CCSL AND THE ADDITION OF 39 SF OF PAVERS APPROXIMATELY 61 FEET SEAWARD OF THE CCSL. THE SUBJECT PROPERTY IS THE BEACHMOOR, A CONDOMINIUM WITH A STREET ADDRESS OF 9051 GULF SHORE DRIVE, LOCATED IN SECTION 32 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (PL20240011048) Page 227 of 232 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour, Senior Planning Technician WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COL COUNTY LAND D VELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20 4001 048 / Q. Grady Minor and Associates, LLC ATU OP APPLf T OR AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 3800 Via Del Rey, Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 18 day of February 20 25 by Sharon Umpenhour personally known to me or whe-produeed 04_1__�Za ��and who didfdid not take an oath. Signature of Notary Public CELENA M. MARSHALL =• MY cOMMISSION M HH 600388 EXPIRES: October 6, 2028 4�OF iti°` My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Celena M. Marshall Printed Name of Notary Public Page 228 of 232 @: i -�4 ® IIII' IIIII IIIII ' III III III III .I A c , �+ �■ �T� IIIII � III��a5,, Is.11l�lll 1910 .,,I,,�i iI�IJi f PUBLIC HEARING NOTICE BEACHMOOR CONDOMINIUMS (CCSV) PETITION#: PL20240011048 LW6 HEX: APRIL 10, 2025 -1:00 P.M.GROWTH MANAGEMENT BUILDING, 2800 HORSESHOE DRIVE NORTH, ROOM 609/610, NAPLES, FL 34104 CRAIG BROWN: 239-252-2548 PUBLIC HEARING NOTICE BEACHMOOR CONDOMINIUMS (CCSV) PETITION #:PL20240011048 HEX: APRIL 10, 2025 -1:00 P.M. GROWTH MANAGEMENT BUILDING, 2800 HORSESHOE DRIVE NORTH, ROOM 609/610, NAPLES, FL 34104 CRAIG BROWN: 239-2S2-2548 ,.., i, `a - • �� 4, Page 229 of 232 Page 230 of 232 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED Sharon Umpenhour, Senior Planning Technician WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER,COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL2024001104 Q. Grady Minor and Associates, LLC S OF APPLICANT O AGENT STREET OR P.O. BOX Sharon Umpenhour, Senior Planning Technician NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE 3800 Via Del Rey, Bonita Springs, FL 34134 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 14 day of March 20 25 by Sharon Umpenhour personally known to me or who ptedeee4 asidefitifiem►efl and who cdid not take an oath. Signature of Notary Public CELENA M. MARSHALL MY COMMISSION#HH600388 'O EXPIRES: October 6, 2028 .7�fOF O: My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Celena M. Marshall Printed Name of Notary Public Page 231 of 232 ►'D �1 uE apRIL GROWTH MANA HORSESHOE DRR CRAIG BRC '11j11 fill IIII IIII ' nmhi num ' IIII � • IIII IIIII i()I ,llllilll.:-��lullllll� IIII •� I III ' • 'IIIIII oi�� IIUI!IIIII IIIl�IBm II:IIIIIIL ,,,, IIII'IIIII IIIIIIIIII �° -�- IIIII�. IIIII PUBLIC HEARING NOTICE BEACHMOOR CONDOMINIUMS (CCSV) 47 00 r■ ■® Ir•R ; Page 232 of 232