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HEX Agenda 05/08/2025COLLIER COUNTY Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 May 8, 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. PL20240010366 BD - 228 Bayview Avenue - Request for a 25-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow construction of a boat docking facility protruding a total of 45 feet into a waterway that is 203± feet wide pursuant to LDC Section 5.03.06.H The subject property is located at 228 Bayview Avenue, further described as Lot 38, Block B, Conner's Vanderbilt Beach Estates Unit No. 1, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 (2025-1389) 3.B. PETITION NO. PL20240009438 VA — 261 Oak Avenue - Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet for a cut -in boat slip on the northern property line of a lot with 360 feet of Page 1 of 138 water frontage, located within a Residential Single-Family-3 (RSF-3) zoning district, at 261 Oak Avenue and further described as Lot 18 and the North 1/2 of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 (2025-1390) 4. New Business 5. Old Business 6. Public Comments 7. Adjourn Page 2 of 138 S/8/2025 Item # 3.A ID# 2025-1389 PETITION NO. PL20240010366 BD - 228 Bayview Avenue - Request for a 25-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to allow construction of a boat docking facility protruding a total of 45 feet into a waterway that is 203f feet wide pursuant to LDC Section 5.03.06.11 The subject property is located at 228 Bayview Avenue, further described as Lot 38, Block B, Conner's Vanderbilt Beach Estates Unit No. 1, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: Staff Report 04152025 Attachment A - Proposed Dock and Site Plan Attachment B - Boundary and Topographic Survey Attachment C - Applicant's Backup, Application and Supporting Documents Attachment D - Public Hearing Sign Posting Page 3 of 138 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MAY 8, 2025 SUBJECT: BD-PL20240010366, 228 BAYVIEW AVENUE DOCK FACILITY PROPERTY OWNER/APPLICANT: AGENT: 228 Bayview Realty, LLC Mark Oreus 3838 Tamiami Tr N #300 Greg Orick II Marine Construction, Inc. Naples, FL 34103 3710 Prospect Ave Naples, FL 34104 REQUESTED ACTION: The petitioner requests a 25-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow the construction of a boat docking facility protruding a total of 45 feet into a waterway that is 203± feet wide, pursuant to Section 5.03.06.H of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located at 228 Bayview Avenue, also known as Lot 38, Block B, Conner's Vanderbilt Estates Unit No. 1, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property comprises 0.22 acres that was recently razed to allow for the construction of a 3-story single-family dwelling, presently under construction as per Building Permit No. PRFH2O231148058 was issued on January 24, 2024, within a Residential Single-Family-3 (RSF- 3) Zoning District. The petitioner desires to replace an existing dock facility with a shore - perpendicular dock facility with two boatlifts, one for a 42-foot vessel and the other to be decked over for the keeping of two 14-foot personal watercraft (PWCs), that will protrude 45 feet into the Vanderbilt Lagoon waterway as measured from the seawall which has been determined to be the most restrictive point as per LDC Section 5.03.06.C.1. The existing dock facility was allowed to protrude 33 feet into the waterway using a prior Boat Dock (BD) petition, specifically BD-95-16 for which the Collier County Planning Commission issued Resolution No. 96-42. BD-PL20240010366; 228 Bayview Ave Page 1 of 8 0/15/2025 Page 4 of 138 LU in u 0 Q J � 17.. a 31 m U. ca co rry cn tD m C, LO cn eh a rr r. 6-0 ;. 964 WO -s 1 cd - - — 0 u E: 0 CL J U i CD co C) CD N C) N. E 3 z O CL 41 a) ns a- 11O �O M 0 0 O N O U-) N � NO 0-4 N 00 m 0 LO m co a SURROUNDING LAND USE & ZONING: North: Bayview Avenue (Right -of -Way) then a single-family dwelling located within an RSF-3 Zoning District East: A single-family dwelling located within an RSF-3 Zoning District South: A single-family dwelling located within an RSF-3 Zoning District and Vanderbilt Lagoon (waterway) West: A single-family dwelling located within an RSF-3 Zoning District Collier County GIS ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to the granting of this request. The property is located adjacent to a man-made canal. The proposed docking facilities will be constructed waterward of the existing seawalled shoreline. The shoreline does not contain native vegetation. A submerged resources survey provided by the applicant found no submerged resources in the area 200 feet beyond the proposed docking facility (Submerged Resource Survey exhibit sheet 7 of 7). BD-PL20240010366; 228 Bayview Ave Page 3 of 8 0/15/2025 Page 6 of 138 This project does not require an Environmental Advisory Council Board (EAC) review, because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on specific criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be met: Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Criterion met. A three-story single-family dwelling is presently being constructed on the subject property as per Building Permit No. PRFH2O231148058, issued on January 24, 2024. The subject project is to allow the replacement of an existing dock facility by approving the construction of a new residential dock facility with two boat lifts: one for a 42-foot vessel and the other to be decked over for the keeping of two 14-foot personal watercrafts (PWCs). 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) Criterion met. The applicant's agent states: "Without the boat dock extension, a vessel would not be able to be moored shore parallel or launched while at MLWL due to the water depth within a 20' protrusion of the MHWL/property line, as shown in the bathymetric survey and cross section drawing." Staff Concurs, based upon Attachments A and B. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel, thus impeding vessel traffic in the channel.) Criterion met. The applicant's agent states: "Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on BD-PL20240010366; 228 Bayview Ave 0/15/2025 Page 4 of 8 Page 7 of 138 navigation. The proposed dock and lift have been designed not to impede navigation, and its protrusion is consistent with the neighboring docks along the shoreline." Staff concurs. 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) Criterion met. The applicant's agent states: "The waterway width is 203' and the proposed dock facility protrudes a total of 45' from MHWL measured at wet face of seawall, which is 22.17% of the waterway width. Thus, the dock facility does not protrude more than 25% of the waterway width and maintains more than 50% of navigable waterway width." Staff notes that the provided plans reveal the clear distance between the proposed dock facility and the dock facility on the opposite shore is 160 feet, which accounts for 78.82 percent of the width of the waterway; therefore, staff concurs with the applicant's agent that both parts of this criterion are satisfied. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Criterion met. The applicant's agent states: "The proposed dock location and design will not impact or interfere with the use of any neighboring docks. The nearest existing neighboring dock is approximately 21.2' from the proposed dock." Staff concurs. Secondary Criteria: Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include the type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Criterion met. The applicant's agent states: "Shoreline configuration would allow a boat to be lifted from a Parallel position relative to the shoreline, but after many design attempts due to the close proximity of the neighboring docks, a 42' boat can only Dock Safely perpendicular to the shoreline." Staff notes that the subject property has 80 feet of shoreline; a 42-foot boat slip plus a 10-foot wide PWC lift totals 52 feet, plus 30 feet to satisfy the side setbacks of 15 feet, totals 82 feet exceeding the available shoreline. Staff therefore concurs. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area. BD-PL20240010366; 228 Bayview Ave Page 5 of 8 0/15/2025 Page 8 of 138 Criterion met. The applicant's agent states: "The design of the proposed boat dock is for recreational vessels to be maintained safely without incident. No excessive deck area is being proposed, as shown in the site plan." Staff concurs. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Criterion not met. The applicant's agent states: "Vessel LOA combined is 70' feet (1 ea. 42' long Boat & 2 ea. 14' long PWC), which is more than 50 percent of the linear water frontage, being 80' long." Staff concurs. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) Criterion met. The applicant's agent states: "Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along the shoreline as shown in the aerial drawing. The proposed dock facility is within the property's riparian lines and will not impact the view of the neighboring waterfront property owners." Staff concurs that, due to flood zone requirements, most structures in this area are elevated. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The submerged resources survey provided indicates that no seagrass beds exist within 200-feet of the proposed dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated. Criterion not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawalled basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with five of the five primary criteria. With respect to the six secondary criteria, one of the criteria is found to be not applicable, the request meets four of the remaining five secondary criteria. CONCURRENT LAND USE APPLICATIONS: None. BD-PL20240010366; 228 Bayview Ave 0/15/2025 Page 6 of 8 Page 9 of 138 APPEAL OF BOAT DOCK EXTENSION TO BOARD OF COUNTY COMMISSIONERS: As to any boat dock extension 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 Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of 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. STAFF RECOMMENDATION: Based on the above findings, the staff recommends that the Hearing Examiner APPROVE Petition BD-PL20240010366, to allow for the construction of the proposed dock facility as depicted within the plans contained in Attachments A and B, subject to the following: 1. A Certificate of Completion for the proposed dock facility shall not be issued before a Certificate of Occupancy is issued for the principal structure on the subject property. Attachments: A. Proposed Dock and Site Plan B. Boundary and Topographic Survey C. 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GMCD Public Portal Online Payment Guide E-Permitting Guides BOATHOUSE ESTABLISHMENT PETITION OR BOAT DOCK FACILITY EXTENSION Land Development Code Section 5.03.06 Chapter 3 B.1 or 13.2 of the Administrative Code THIS PETITION IS FOR (check one or both, if applicable): ❑ BOATHOUSE FV DOCK EXTENSION APPLICANT INFORMATION Name of Property Owner(s): 228 BAYVIEW REALTY LLC Name of Applicant if different than owner: Address: 228 BAYVIEW AVE Telephone: 239-949-5588 E-Mail Address: toddc@brcrp.com Name of Agent: Mark Oreus City: Naples Firm: Greg Orick II Marine Construction Inc Address: 3710 Prospect Ave Telephone: 239-949-5588 E-Mail Address: Permits@orickmarine.com Cell: City: Naples Cell: PROPERTY LOCATION Section/Township/Range:29 /48 /25 Property ID Number: Subdivision: CONNER'S VANDERBILT BCH Unit:1 Block: B Lot: 38 Address/ General Location of Subject Property: 228 BAYVIEW AVE - Middle of Gulfshore Dr Current Zoning and Land Use of Subject Property: 0 - Vacant Residential State: FL Zip: 34103 State: FL Zip:34104 27482000009 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Planning and Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 •239-252-2400 www.coll iercountyfl.gov Paqe 1 of 7 Page 16 of 138 ADJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 0 - VACANT RESIDENTIAL S Vanderbilt Lagoon E RSF-3 1 - SINGLE FAMILY RESIDENTIAL W RSF-3 1 - SINGLE FAMILY RESIDENTIAL DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): Propose a 25-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width. Which would allow construction of a boat docking facility that is to house a 42' boat and two 14' PWC's protruding a total of 45 feet into a waterway that is 203± feet wide 1. Water Width: 203 ft SITE INFORMATION Measurement frornOplat ❑✓ survey ❑ visual estimate other(specify): 2. Total Property Water Frontage: 80 ft. 3. Setbacks: Provided: 15 ft. Required: 15 ft. 4. Total Protrusion of Proposed Facility into Water: 45 ft. 5. Number and Lengths of Vessels to Use Facility: 1. 42 ft. 2. 14 ft. 3. 14 ft. 4. ft. 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. ft. 7. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway oT eacn: E-21.2' - 20' Protrusion W-31.1 - 20' Protrusion Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Paae 2 of 7 Page 17 of 138 1. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? •22 Acres 2. 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 ❑� No (If yes, please provide a copy.) DOCK EXTENSION PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel(s) described without an extension.) 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, and whether or not a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 3 of 7 Page 18 of 138 DOCK EXTENSION SECONDARY CRITERIA 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) BOATHOUSE CRITERIA The following criteria, pursuant to LDC section 5.03.06 F, shall be used as a guide by staff in determining its recommendation to the decision maker. The decision maker will utilize the following criteria as a guide in the decision to approve or deny a particular Boathouse request. In order for the request to be approved, all of the criteria must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. 4. Maximum number of boathouses and covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 4 of 7 Page 19 of 138 ASSOCIATIONS Complete the following for all registered Homeowner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner/Civic Association: N/A Mailing Address: Name of Homeowner/Civic Association: Mailing Address: Name of Homeowner/Civic Association: Mailing Address: Name of Homeowner/Civic Association: Mailing Address: City: City: State: ZIP: State: ZIP: City: State: ZIP: City: State: ZIP: Name of Homeowner/Civic Association: Mailing Address: City: State: ZIP: Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 5 of 7 Page 20 of 138 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ Dock Extension ❑ Boathouse Chapter 3 B. 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 or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ® ❑ Property Ownership Disclosure Form ® ❑ Affidavit of Authorization, signed and notarized ® ❑ Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); ® ❑ • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. • Roof Structure on Dock Signed and sealed survey ❑ ❑ Chart of site waterway ❑ ❑ 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. Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 6 of 7 Page 21 of 138 PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director Historical Review: ❑ Addressing: ❑ Parks and Recreation: ❑ City of Naples Planning Director: ❑ I School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: ❑ Other: ❑ FEE REQUIREMENTS: ❑ Boat Dock Extension / Boathouse Petition fee: $1,500.00 ❑ Pre -Application Meeting fee $S00.00 ❑ Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) All fees are collected at the time of application. Property Notification letters, if required by The land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. 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. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. `The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Public Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Peiner or Agent _/ / "I a emits Printcd Name 1211112024 Date Boathouse Establishment Petition or Boat Dock Facility Extension (BD) 3/24/24 Page 7 of 7 Page 22 of 138 GREG 0111CIC MARINE CONSTRUCTION IFamity Owned and Operated For Over 30 Years 0 ce #oeoao1 License #C28961 Wednesday, December 11, 2024 Collier County Growth Management Zoning Division 2800 N Horseshoe Dr. Naples, FL 34104 Re:PL20240010366 228 Bayview Ave (BDE) Project Narrative This project is to request for a 25-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width. Which would allow construction of a boat docking facility that is to house a 42' boat and two 14' PWC's protruding a total of 45 feet into a waterway that is 203± feet wide, pursuant to LDC Section 5.03.06 located at 228 Bayview Ave, Naples, Florida 34103. This lot property is located on the Central East side of the Vanderbilt Lagoon which currently contains a BDE Approved Docking Facility (BD-95-16, CCPC Resolution 96-42 previously approved at 33' Protrusion). The subject property is located within Section 29, Township 48, and Range 25 in Collier County and can be identified by folio #27482000009. The property Currently has a Single family Residence under construction under issued permit number PRFH2O231148058. 2815 Bayview Drive, Naples FL 34112 Office: (239) 949 — 5588 • E-Mail: info@orickmarine.com www.orickmarine.com Page 23 of 138 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coiliergov.net Coiev County z: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM 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 CI L.CI I L d VZ VI �OUL.II III LCI CJL. I Name and Address I % of Ownership I b. If the property is owned by a , list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership See Attached for Limited Liability Company 100 C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CILCIILdKN U! IIILCICZ�L. I Name and Address I % of Ownership I Created 9/28/2017 Page I of 3 Page 24 of 138 Co ey County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Cl e f. 9. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the eneral and/or limited 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 I: racers, siocKnoiaers, Qenenciaries, or partners: Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or of M-t1J, 11 d GUFPU1dL1U11, IMFUJef5111p, Ur LfUSL: Name and Address Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Page 25 of 138 Cother County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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 Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 11 /7/2024 Agent/Owner Signature Date Kenneth D. Goodman Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Page 26 of 138 228 Bayview Realty, LLC a Florida limited liability company Kenneth D. Goodman, Manager 3838 Tamiami Trail North, Suite 300 Naples, FL 34103 100% Fee Ownership The sole member of the LLC is Todd V Chaffee, Trustee of the Todd V Chaffee 2011 Irrevocable Trust dated March 28, 2011 1029 West State Blvd Suite A Fort Wayne, IN 46808 The beneficiaries of the trust are Todd V. Chaffee and his descendants, but have not specified percentage ownership of the trust assets. Page 27 of 138 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240010366 1 KENNETH D GOODMAN (print name), as MANAGER (title, If applicable) of 228 BAYyIEw REALTY LLc, a Florida limited liability company (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant❑contract purchaser=and that: 1. 1 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 Greg Drick Il Marine Construction Inc 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. Ares, 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 1 have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 11/7/2024 Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of Ophysical presence or ❑ online notarization this day of NOVEh1BER 20 za by (printed name of owner or qualifier) KENNETH D. GOODMAN Such person(s) Notary Public must check applicable box: ❑x Are personally known to me ❑ Has produced a current drivers license ❑ Has produced�_/f�% as identification. Notary Signature: MARIA STOCKING gW'v -- Notary Public -State of Florida Commission 1 HH 401704 e; M Commission Ex iras ,� Y P May 22. 2027 CP108-COA-00115\155 RE\' 31d12020 Page 28 of 138 3 z w J ot O � c� d z I Q TAoo ti0606 000 It N N N N N N „sr ter. 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II I�IIIi i IIII \/�AA/�AA II �� I, ii i I III I VA//VA//VA II 4 I „ I III IIII /VA//VA//VA/ 4 II 11 I /vvivvivvi II II I /A/A/A/ li Iill i lyiV I I I I I I I\\//\\ Primary Criteria 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property; consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than two slips; typical multi -family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) Response: Criteria Met: The upland property is a Single Family Residential zoned lot that per the LDC is allowed two boat slips. Proposed dock consists of 2 slip Dock with one being a platform lift, which is appropriate for a single-family dwelling. We are requesting a 25-foot extension from the allowed 20-foot protrusion, for a total 45- foot protrusion. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described without an extension.) Response: Criteria Met: Without the boat dock extension, a vessel would not be able to be moored shore parallel or launched while at MLWL due to the water depth within a 20' protrusion of the MHWL/ property line, as shown in the bathymetric survey and cross section drawing. Page 33 of 138 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) Response: Criteria Met: Proposed dock facility does not intrude into any marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock and lift have been designed not to impede navigation and its protrusion is consistent with the neighboring docks along the shoreline 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether or not a minimum of 50 percent of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Response: Criteria Met: The water way width is 203' and the proposed dock facility protrudes a total of 45' from MHWL measured at wet face of seawall, which is 22.17% of the water -way width. Thus, the dock facility does not protrude more than 25% of water -way width and maintains more than 50% of navigable water -way width. 5. Whether or not the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) Response: Criteria Met: The proposed dock location and design will not impact or interfere with the use of any neighboring docks. The nearest existing neighboring dock is approximately 21.2' from proposed dock. Page 34 of 138 Secondary Criteria 1. Whether or not there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) Response: Criteria Met - Shoreline configuration would allow a boat to be lifted from a Parallel position relative to shoreline but after many design attempts due to the close proximity of the neighboring docks, a 42' boat can only Dock Safely perpendicular to the shoreline. 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) Response: Criteria Met - The design of the proposed boat dock is for recreational vessels to be maintained safely without incidence. No excessive deck area is being proposed outside of the normal 20' limits, as shown in the site plan. 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Response: Criteria Not Met - Vessel LOA combined is 70' feet (1 ea. 42' long Boat & 2 ea. 14' long PWC), which is more than 50 percent of the linear water frontage, being 80' long. Page 35 of 138 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) Response: Criteria Met - Proposed dock facility will not have an impact on waterfront view of neighboring properties and will be consistent with existing dock facilities along shoreline as shown in the aerial drawing. The proposed dock facility is within the property's riparian lines and will not impact the view of the neighboring waterfront property owners. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 1 must be demonstrated.) Response: There are no sea grass beds located near proposed dock facility as shown in the results of submerged resource survey conducted by Bayshore Marine Consulting and provided for review. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Response: This is a single family proposed dock with two vessel mooring areas with lifts and is not subject to the requirements of the Manatee Protection Plan as stated in the above referenced code of 5.03.06 E.11. 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U C SY d R b r 0 ti V 34 6� � ty • m 3 � O c' os- 2so / / ea � a, W p'OZ OOOM i o o' N000 03SOdONd LL 16 0' � ce 62 tpY Ut °EY U in 301M �,fOZ - ry NOOOVI z a� z m� Zw O N U 71 3 � SO Q o ON O Z 4yww LLo Za W O000❑ J �v,LLLL LLoam �mw 00 v O co a SUBMERGED RESOURCE SURVEY REPORT DECEMBER 2024 228 BAYVIEW AVE. NAPLES, FL 34108 FOLIO #27482000009 BAYSHORE MARINE CONSULTING, LLC NICK@BAYSHOREMARINECONSULTING.COM 239-404-7982 Page 39 of 138 228 Bayview Ave. Submerged Resource Survey December 2024 1 INTRODUCTION Bayshore Marine Consulting, LLC (BMC) has been contracted to provide environmental services in the form of a Submerged Resource Survey (SRS) at 228 Bayview Ave. in Naples, FL 34108. The site is located within Section 29, Township 48 S, and Range 25 E of Collier County and can be identified by folio #27482000009. This resource survey will provide planning assistance to both the property owner and regulating agencies during any project review process. The subject property consists of a 0.22-acre parcel that can be found approximately 0.65 miles north of Vanderbilt Beach Rd. and 0.15 miles east of Gulfshore Dr. The property currently contains an under -construction single-family residence, a seawall shoreline, and a dock facility with a single boat lift. The property is neighbored to the north, east, and west by single-family homes and to the south by the waters of the Vanderbilt Channel. The SRS was conducted on December 91h, 2024, between approximately 2:00 p.m. and 3:00 p.m. Site conditions consisted of mostly clear skies with mild winds. Water clarity was poor, allowing for submerged visibility of approximately 2 feet. The ambient air temperature was approximately 80 degrees Fahrenheit and wind speeds averaged 0 to 10 mph from the northwest. The average ambient water temperature was approximately 75 degrees Fahrenheit. Low tide occurred prior to the site visit at approximately 1:41 p.m. and reached approximately 0.7' above the Mean Low - Water Line. High tide occurred following the site visit at approximately 8:02 p.m. and reached approximately 1.9 feet above the Mean Low -Water Line. 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within or around the riparian area of the subject property. Ordinarily, if seagrasses are present within the vicinity of a proposed project area, an analysis will be required regarding species, percent coverage, and impacts projected by the project. The presence of seagrasses may be cause for re -configuration of the project design so as to minimize impacts. The scope of work performed during a typical submerged resource survey is summarized below. BMC personnel will: • Complete a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources. • Identify submerged resources within the vicinity of the project site and delineate the approximate boundary limit of the resources. • Estimate the percent coverage of any resources found. 3 METHODOLOGY BMC has intentionally designed the methodology of the SRS to cover the entire property's shoreline and riparian area. The components utilized for this survey included: 1 Page 40 of 138 228 Bayview Ave. Submerged Resource Survey December 2024 • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto a recent aerial photograph. • Physically swimming the transects while using snorkel equipment, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Documenting and photographing all findings into this report The surveyed area was evaluated by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. 4 RESULTS The substrate found within the surveyed area consists of a silty muck material with scattered macroalgaes. Depths increase gradually with distance from the shoreline from approximately 4 to 9 feet. During the submerged portion of the survey, no seagrasses, living shellfish, or other resources were observed in any capacity on the benthic surface. Oysters can be seen on some of the dock piles and seawall panels within the survey area. A list of species observed during the SRS can be seen below in Table 1. Table 1: Observed species of wildlife and vegetation within the vicinity of the project site Common Name Scientific Name Eastern oyster Crassostrea vir inica Common barnacle Balanus s . Red marine algae Gracillaria s . Acanthophora marine algae) Acanthophora spicifera 5 CONCLUSION The submerged resource survey was conducted and completed throughout the riparian area of the subject property and yielded no results besides oysters on the seawall and dock piles. No seagrasses or other resources were otherwise observed anywhere within the vicinity of the survey area. Seagrass impacts are therefore not expected as part of any marine construction project within the riparian area of this parcel. 2 Page 41 of 138 6 PHOTOS 228 Bayview Ave. Submerged Resource Survey December 2024 `S u Photo 1: Existing dock facility and seawall shoreline at subject property. Photo 2: Waterway surrounding Submerged Resource Survey area. M Page 42 of 138 • w� s. - w s w� -,•� r T i. r • �1:.:� CCam', �. - -+L _ � � wv IF KW W4 pm �1^ rr • •11 f 4 �� • ► s • .I r IS I L I a BmSQ .: a Ailill 91 a c� 00 M O co N (0 d C:1Bayshore Marine Consulling\2453 - Crick, 228 Bayview Realty LLC - 228 Bayview\CAD\SRS seLtlwg LOCATION MAP 12/9/2024 C'\Bayshore Marine Consultmg12453 - O—k, 228 Bay—w Realty LLC - 228 Bay—MCAD\SRS set.dwg EXISTING CONDITIONS 121912024 0 o � F- LU w LL 0 Z � `O w J a U 1f7 N O 1 OF w • z cn \ 3: "A W] U O C/)U� J w ❑ U LU z U Q Q • ❑cozQ ww=w APOA wOf w�a 2O❑w mcow> ❑w>0� 00 Of Of ❑ O w cn z cn m O LU LU V a OW w� �cn ow LU c� LU 2 m U) OD M O LO N c0 d C:�Bayse��Tpeliaa�O.daeattifi�N8960ir�q,9dCo,322®BeMv�6 �&cr9W-@e9R6 John Kelly From: Nancy Gundlach Sent: Wednesday, April 23, 2025 2:50 PM To: John Kelly Subject: Public Hearing Sign Posting for PL20240010366, 228 Bayview Avenue Boat Dock Extension I, Nancy Gundlach, Planner III, posted the required public hearing sign for PL20240010366, 228 Bayview Avenue Boat Dock Extension on April 22, 2025. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 Coley C-014nty Nancy Gundlach Planner III Zoning Office:239-252-2484 Nancy. Gundlach(a)colliercountyfl.gov Collier Count, offloom Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Page 46 of 138 Page 47 of 138 5/8/2025 Item # 3.13 ID# 2025-1390 PETITION NO. PL20240009438 VA — 261 Oak Avenue - Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet for a cut -in boat slip on the northern property line of a lot with 360 feet of water frontage, located within a Residential Single-Family-3 (RSF-3) zoning district, at 261 Oak Avenue and further described as Lot 18 and the North''/2 of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 2 ATTACHMENTS: 1. Staff Report VA 04172025 2. Attachment A - Proposed Dock Plans 3. Attachment B - Boundary Survey 4. Attachment C - Permit PRFH2O230520199, abridged 5. Attachment D - Applicant's Backup, application and supporting documents 6. Attachment E - Public Hearing Sign Posting 7. Attachment F - Public Correspondence Page 48 of 138 Collier County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION- ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: MAY 8, 2025 SUBJECT: VA-PL20240009438, 261 OAK AVENUE — TALLIDES DOCK FACILITY PROPERTY OWNER/APPLICANT: AGENT: Stergios Tallides PO Box 111554 Naples, FL 34108 REQUESTED ACTION: Jeff Rogers Turrell, Hall & Associates, Inc 3584 Exchange Ave Naples, FL 34104 To have the Collier County Hearing Examiner consider a variance from Land Development Code (LDC) Section 5.03.06.E.6 to reduce the required eastern side yard/riparian setback of 15 feet to 7.3 feet for a cut -in boat slip on the northern property line of a lot with 360 feet of water frontage. GEOGRAPHIC LOCATION: The subject property is located at 261 Oak Avenue, also known as Lot 18 and the North'/2 of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The subject property is at the end of a cul-de-sac and comprises 0.5 acres located within a Residential Single-Family-3 (RSF-3) Zoning District. The subject property was razed and Building Permit No. PRFH2O230520199 was subsequently issued on August 18, 2023, for the construction of a new 2-story single-family dwelling unit. The property owner would like to take advantage of a cut -in boat slip that has existed on the property since 1968; however, a Variance is now required due to a 7.7-foot encroachment into the eastern side yard/riparian setback. Historical photographs provided by the applicant reveal that the cut -in slip previously had a boathouse as well; no boathouse is requested as part of this petition. VA-PL20240009438; 261 Oak Ave - Tallides Page 1 of 8 4/17/2025 Page 49 of 138 It7Iwl Al I l4lith �i�'4'le. N 4ithAVE N I Pint ANT 1 II TT=,T7 71I AY'F 1 PROJECT �l r 91rd LOCATION Ls, uuthha `i FI IstAVEN i y s 'ti E ti r u RAF-31T `� •° � � {�� ce PINC AVENUE L SISITE TU}N r qG)T(TO R F-31ST F ,AK AVENUE Location Map Zoning Map Petition Number- PL 0240009438 L. VA-PL20240009438; 261 Oak Ave - Tallides Page 2 of 8 4/17/2025 Page 50 of 138 MIT Vr OVVPI)RAL .)\'p7L1 261 Oak Avenue WAI Desedpika A, 0 1 lit d a7 16 W fd7AlAl AtC01% aKYII' UK PAT =3) LOT 1e AAp IK Nd1a1 1/1 or to? FYI stow c ~ .S ter K" EUM WT Na 2 AfL'1' VW 11 IK PLAT 3M(Y AS ACCWV N PLAT 8" d PALE 17, PAX MMRPS a IXa 0 eoWN ntlew. . MM -n M111 "Me 11 • Son WNAW Lot td iMPOl1 / ^ mn a . +a Wlwof i]b # IMI aoa . Iw�N . 11 Pet (M AN 0 • W W " M n! I I-) C • lM Nlat WAW r �, Y i . NLR QI •4/ p r Q • MW e1LL KU q . MA w.w \ Jj 1IyyG •,1,AgdW or 011I K P1 saw OF • Wim 1AIo0a \ \ 7G1 \ �1WWM • uZL�_ANlf�arIt. t6fiew d 1MN QMUN ab adN(� \ P.c .. /OIIYfM IO�aIZ YtMAOIt Nwp maw ffY. K . PW W a. orlahDM b N.lwl.. WA � . fAm lov ■ . m14 vofo P11f W-11 wo Am• . aa,111G >OIAZ \HIV' 0. M w4M "rim WMAJ! \ r \r c the fhrM 112 of \ \ Lot 17. OW I I�OYO ,w Oak Avenue N � ^9'•�' �i 1 OI. �1th H IF JAW a .....1 ... w ..�.. sTt W TALUDEs: u01aa: S PN me me PA u JIM a, lu, �t WWAIft r.ffl �r01Wa'l aersLO. (w10) now 4w 1`4 on Aemobdv of Lot 17, BbaA I EM. L ' L === "m I� e NO pr iWM10-�pl cm M-w V NMI IK M .d Nf,Lalra tw IMI eft M flAf.,. 1 Ia me lace M aIYNI A N71 mf 11MMf .I flog Di Ilal signed I° David C. e olalamr �o David I Holman Datr:2022.41V � c1" A01,1 M1A "IN (AIIn7 urfi) - •Wt M 1•we1w4I e41 (pl1p. MIA1L ff uM .I I[Iare a a WA . N II A�f71AC7 YqT AeA7QI . •.• AtN904S. rM. STEXW TAUDES slur aclwnN tNMOI• A� UII�t Matlf IrtliRmaTt1 �' if"Aaa�a GRAPNC SCIIE ss nAr ssa ar r l� a1oR n rau lamte caaf m NM aB#JM APE AW ON n[ KM AWWM WOMICx PAPA 01 IOU (MC A TR10O k AMOIATES. WN IRTI LAt ■ M1Aaa 7allf At' M. I Id' le AO io VA-PL20240009438; 261 Oak Ave - Tallides Page 3 of 8 4/17/2025 Page 51 of 138 SURROUNDING LAND USE AND ZONING: North: Vanderbilt Lagoon waterway, then submerged lands within a Residential Single-Family-3 (RSF-3) Zoning District and Special Treatment Overlay (ST) East: A single-family dwelling located within an RSF-3 Zoning District South: Razed/Unimproved residential property located within an RSF-3 Zoning District West: Vanderbilt Lagoon, then Twin Eagles Beach & Bay Club within a Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay (VBRTO) Collier County GIS VA-PL20240009438; 261 Oak Ave - Tallides 4/17/2025 Page 4 of 8 Page 52 of 138 Collier County GIS GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses, including single-family, multi -family, duplex, mobile homes, and mixed -use projects. As previously noted, the subject petition seeks a variance to reduce the required side riparian setback for a residential dock facility, which is an authorized accessory use within this land use designation. Therefore, the use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ZONING DIVISION ANALYSIS: The decision to grant a variance is based on the criteria in LDC Section 9.04.03. Staff has analyzed this petition relative to these provisions and offers 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? The applicant's agent states: "The proposed project consists of constructing a new docking facility and boatlift within an existing cut -in boat slip. The proposed variance request is due VA-PL20240009438; 261 Oak Ave - Tallides 4/17/2025 Page 5 of 8 Page 53 of 138 to the existing cut -in slip location that the applicant is just looking to utilize for their vessel as well as to construct a new dock to provide safe access and routine maintenance." Staff concurs and notes that, absent a Variance, the existing cut -in slip could not be used as the side/riparian setback requirement for dock facilities is now 15 feet. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of the Variance request? The applicant's agent states: "Yes, the applicant purchased this property in 2022, and the existing cut -in boat slip was constructed in or just prior to 1968. The applicant is only proposing to utilize the cut -in without making any dimensional changes to it which was originally designed to accommodate a smaller vessel compared to modern day vessels." Staff concurs and notes that any legal nonconforming status the dock facility may have enjoyed was lost when the dock facility was removed, thus leaving only a cut -in slip. C. Will a literal interpretation of the provisions of this zoning code work cause unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The applicant's agent states: "If the applicant is not granted this variance request, then the cut -in boat slip would have to be re -purposed, or a reconfiguration of the proposed project would be required." Zoning staff agrees that, absent the requested Variance, the proposed project could not move forward as the slip cut -in slip cannot be used as intended, which would cause an undue hardship 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 promotes standards of health, safety, and welfare? The applicant's agent states: "Yes, the proposed dock design is to utilize the existing side yard setbacks and not extend further out into the waterway. The only new encroachment beyond the seawall is the applicant's vessel extending out past the existing cut -in slip but has been minimized the encroachment as much as possible." Staff concurs and notes that per LDC Section 5.03.06.E.1, the dock/vessel combination can protrude up to 20 feet without requiring a Boat Dock Extension (BD). 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? By definition, a variance bestows some dimensional relief from the zoning regulations specific to a site. LDC Section 9.04.02 allows relief through the variance process for any dimensional development standard. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case- VA-PL20240009438; 261 Oak Ave - Tallides 4/17/2025 Page 6 of 8 Page 54 of 138 by -case basis. 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? The applicant's agent states: "The proposed project will be utilizing an existing cut -in boat slip that has been in place since or just prior to 1968. The applicant proposed dock design and with the vessel extending out past the seawall limits then requires the side yard variance. As proposed, it is our opinion that there will not be any new impacts to the immediately adjacent property owner nor cause any new impacts accessing their property by boat." Zoning staff concurs and notes that the cut -in slip will remain even if a variance is not approved; approval is only necessary to fully use the cut -in slip as part of a lawful dock facility. 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 applicant's agent states: "The subject waterway is a natural waterway that over the development of Collier County has been man -altered. This section of Vanderbilt Lagoon is considered by the State of Florida to have sovereign submerged lands (state lands) which then has in some cases more restrictive dock construction standards to ensure the preservation of the waterway even though there are numerous other marinas and single- family dock facilities." Staff concurs and further notes that an unused cut -in slip could serve to impair the goals and objectives of the regulation. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, approval of this Variance will not affect or change the requirements of the GMP concerning density, intensity, compatibility, access/connectivity, or any other applicable provisions. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not typically hear variance petitions. Since the subject Variance doesn't impact any preserve area, the EAC did not hear this petition. CONCURRENT LAND USE APPLICATIONS: None. PUBLIC NOTICE: Notice Requirements for variance petitions are contained within LDC Section 10.03.06.F.2. The required Agent Letter was sent to all property owners located within 150 feet of the subject property on or about March 12, 2025, as evidenced by an executed Affidavit of Compliance contained within Attachment C. VA-PL20240009438; 261 Oak Ave - Tallides Page 7 of 8 4/17/2025 Page 55 of 138 Notice of the Hearing Examiner meeting was provided by posting on the Clerk of Court's website and through a mailed notice to owners within 500 feet of the site on or about April 18, 2025, and the posting of a public notice sign on the site on April 18, 2025. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE petition PL20240008511 to reduce the side yard setback from 15 feet to 7.3 feet along the eastern side property/riparian line as depicted within the proposed dock plans contained within Attachments A and B, subject to the following condition of approval: A Certificate of Completion for the subject dock facility shall not be issued before a Certificate of Occupancy is issued for the principal structure on the subject property. Attachments: A. Proposed Dock Plans B. Boundary Survey C. Building Permit PRFH2O230520199 (abridged) D. Applicant's Backup, application and supporting documents E. 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OWNER INFORMATION: TALLIDES, STERGIOS 9 LOMAN 9 IOMAN BERGEN, NJ 07047 F.1110 I:199]&�Ikvf 11114W6J0aim 111111 ! SETBACKS: FRONT: 30' REAR: 25' p/ 10' acc LEFT: 7.5' RIGHT: 7.5' FLOOD ZONE: AE SEWER: Sewer WATER: New CONTRACTOR INFORMATION: CERTIFICATE #: KNAUF-KOENIG GROUP, LLC C30803 5640 TAYLOR ROAD C-3 NAPLES, FL 34109 (239)592-9900 PRFH2O23052019901 Page 69 of 138 INSPECTION JOB CARD To schedule inspections call 239-252-3726 or visit https://cvportal.colliercountyfl.gov/cityviewweb PRFH2O23052019901 SETBACKS: FRONT: 30' REAR: 25' p/ 10' acc LEFT: 7.5' RIGHT: 7.5' SPECIAL: FLOOD ZONE: FZAE INSPECTION OUTCOME COMMENTS 101 - Pile Caps 102 - Grade Beam To include the Utility Footing Rebar (UFR) 103 - Floating Slab Soil Treatment 104 - Tie Beam 106 - Columns 107 - Truss/Sheathing/Bucks 108 - Framing All rough trade inspections must be passed prior to scheduling. 109 - Insulation 111 - Dry-in/Flashing 115 - Building Final 118 - Lintel Beam 119 - Fill Cells 120 - Flood Vent Relief Small garage (2 car) 3 smart vent Bug Garage (5 car) 7 smart vent. 121 - Elevated Structural Deck 124 - Steel In Stairs 125 - Elevator Pit 131- Tenant Sep/ Rated Drywall 5/8" Type X Garage Ceiling 134 - Roofing Final 135 - Shutters Final 136 - Impact Glass 151 - Shearwall/Nailing 152 - Shearwall/Water Barrier 153 - Shea rwalI/Stucco Lath Page 70 of 138 PRFH2O23052019901 154 - Soffit Coverings In Please do NOT complete Soffit installation prior to inspection. progress 200 - Plumbing Underground 201- Plumbing Rough -in When applicable a shower pan liner test is required. 202 - Plumbing Stack 203 - Sewer Tap 204 - Plumbing Final 300 - A/C Rough 301- A/C Final 501 - Electrical Rough 502 - Electrical Final 505 - Temporary Power Residential 508 - TV/Telephone Rough 509 - TV/Telephone Final 801- Site Drainage Type I Stormwater Plan. Signed & Sealed by PE. FFE(12.00' NAVD) - COR(3.71' NAVD) = 8.29' NAVD Impervious Area = 57.23% MummeChristian 06/15/2023 4:17 PM 802 - Landscaping 810 - Exotic Vegetation Removal 814 - Erosion/Silt The 814 - Erosion/Silt must be passed before any other inspections are scheduled. OPEN CONDITIONS Condition Type: Condition Description: NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to Informational one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department?s Environmental Services at (239) 252-2400 for additional information. Inspection Hold Notice of Commencement: Upload to the condition on the portal. Informational BDT ? Blower Door Test will be uploadable after the PASS of the 109 insulation inspection. Per Plans Envelope Leakage no greater than 6.00 ACH50 Page 71 of 138 PRFH2023052019901 Informational Energy Calculation Summary Sheet will be uploadable after the PASS of the 109 insulation inspection. Informational FEMA - All equipment must be above flood plus one foot. Any materials used below flood level must comply with FEMA regulations Informational A Survey is required and must verify that improvement(s) meet setbacks, easements, and elevation requirements per Chapter 62, Collier County Code of Laws and Ordinances. Throughout the duration of the permit, please review the survey conditions for when to upload the survey. CO Hold Soil Compaction Test. Upload to the condition on the portal. CO Hold Any required County impact fees will be due prior to issuance of a temporary or final Certificate of Occupancy CO Hold Waiting for Duct Leakage Test documentation. Upload test documentation to the condition on the portal. Per Plans Duct Leakage no greater than 0.030 Qn CO Hold Provide weld procedure specifications & welder operator performance qualification records per FBC-B 2204.1 & 2204.2. Upload to the condition on the portal. For Steel Columns. CO Hold Engineering Certificate/Letter (Structural). Upload to the condition on the portal. Engineers Letter/Certificate of Compliance and Inspection Reports required for pilings. CO Hold until receipt of Engineers Report. Inspection Hold Permit is on inspection hold until the following deferred items are submitted as a revision: Truss Layout CO Hold PLEASE NOTE: FEMA released an updated Elevation Certificate form on Friday, July 7, 2023. To obtain Elevation Certificate form, please use this link: https://www.fema.gov/flood-insurance/find-form/underwriting At the time of permit application, the permitted structure is in the special flood hazard area. An Under Construction Elevation Certificate is required within 10 days of passing a 103 or 133 inspection of slab or other foundation system. Prior to obtaining County approval of the Under Construction Elevation Certificate, the permit holder?s construction activities are at his/her own risk. Under Construction Elevation Certificates must verify the slab meets minimum elevations per the Florida Building Code and Chapter 62, Collier County Code of Laws and Ordinances (e.g., BFE +1 or 18? above the crown of the road, whichever is higher, and the elevation established by the SFWMD permit). Flood zone:AE; BFE:11' NAVD; COR:3.71' NAVD(per SP); Prop. FFE:12.0' NAVD(Per SP by Robert Vayda stmp 05/11/2023); Garage#1 Iw pt@5.67; 3 flood vents (200 ea/600 total) for 585 sqf required ; Garage #2@5.75' (7 smart vents ; 1341 sqf vs 1400 sqf provided); All Equipment to be above 12' NAVD (Per statements on A3). CO Hold > Elevation Certificate. PLEASE NOTE: FEMA released an updated Elevation Certificate form on Friday, July 7, 2023. To obtain Elevation Certificate form, please use this link: https://www.fema.gov/flood-insurance/find- form/underwriting Flood zone:AE; BFE:11' NAVD; COR:3.71' NAVD(per SP); Prop. FFE:12.0' NAVD(Per SP by Robert Vayda stmp 05/11/2023); Garage#1 Iw pt@5.67; 3 flood vents (200 ea/600 total) for 585 sqf required; Garage #2@5.75' (7 smart vents ; 1341 sqf vs 1400 sqf provided); All Equipment to be above 12' NAVD (Per statements on A3). Inspection Hold Sub Contractor (Electrical) Upload to the condition on portal. Inspection Hold Sub Contractor (Mechanical) Upload to the condition on portal. Inspection Hold Sub Contractor (Plumbing) Upload to the condition on portal. CO Hold Sub Contractor (Septic) Upload to the condition on portal. Inspection Hold Sub Contractor (Roofing) Upload to the condition on portal. Page 72 of 138 PRFH2O23052019901 CO Hold Please contact the Inspection/CO section at 239-252-2406 or email us at inspections@colliercountyfl.gov to have this condition resolved prior to paying CO fees. This will generate the Mandatory Curbside Solid Waste Collection fee based on the total permit fees due. NOTE: If you are unable to schedule your inspection, please contact the inspection desk at 252-2400. NOISE ORDINANCE: Collier County Codes of Laws and Ordinances 54-92(f) Construction Sound. NOISE LIMITATIONS are in effect at all times. Work permitted, RESIDENTIAL Areas — 6:30 AM to 7:00 PM Monday thru Saturday; NON-RESIDENTIAL Areas (more than 500 feet from Residential Area) 6:OOAM to 8:OOPM Monday thru Saturday. No Work on Sundays or Holidays. RADIOS, LOUDSPEAKERS, ETC. — Must not disturb peace, quiet and comfort of neighboring inhabitants. FREE CABLE LOCATIONS — Call 48 Hours prior to digging/FPL 434-1222/UTS 1-800-542-0088/PalmerCATV 783-0638 and all other applicable utilities. Per currently adopted building code ordinance, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional stipulations or conditions of this permit. This permit expires if work authorized by the permit is not commenced within six (6) months from the date of issuance of the permit. Additional fees for failing to obtain permits prior to the commencement of construction may be imposed. Permittee(s) further understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied until a Certificate of Occupancy is issued. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRACTOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEP AT (239) 344-5600. NOTICE: In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. Page 73 of 138 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT 20231088617 2023-044290 05/19/2023 $375.00 Payment Method ACH $375.00 $0.00 knauf koenig group Ilc 5640 taylor rd 3 naples, FL 34109 Fee Description Reference Number Zoning Review - Application PRFH2O230520199 COA PRFH2O230520199 Structural - Application PRFH2O230520199 Fee Electrical - Application Fee PRFH2O230520199 Mechanical - Application PRFH2O230520199 Fee Plumbing - Application Fee PRFH2O230520199 Cashier Name: cvmanager Batch Number: 12040 Entered By: Isabela.Fajardo Amount Paid Check Number $375.00 3028645074 Original Amount GL Account Fee Paid $75.00 $75.00 131-138326-343990 $100.00 $100.00 107-138920-322540 $50.00 $50.00 113-138900-322110-000000 $50.00 $50.00 113-138900-322110-000000 $50.00 $50.00 113-138900-322110-000000 $50.00 $50.00 113-138900-322110-000000 Page 74 of 138 Collier County Payment Slip - Permits - Application May 19, 2023 A sufficiency review for permit application PRFH2O230520199 has been completed. A payment slip has been generated and the outstanding balance is required to be paid in full within 14 calendar days as per Building Permit Fees — Resolution NO. 2021-193, section KK. Failure to make the payment in full within 14 calendar days, permit application PRFH2O230520199 will be set to a "Denied" status and is considered closed. A new permit application covering the proposed construction shall be obtained before proceeding with the work. Contact: Ashley Bassett 5640 Taylor RD, Unit 3 Naples, FL 34109 Owner: TALLIDES, STERGIOS Permit Location: 261 Oak AVE, Naples FEES: Description jApplication Number jPermit Number I Fee I Paid Fee Zoning Review - Application PRFH2O230520199 PRFH2O23052019901 $75.00 $0.00 COA PRFH2O230520199 PRFH2O23052019901 $100.00 $0.00 Structural - Application Fee PRFH2O230520199 PRFH2O23052019901 $50.00 $0.00 Electrical - Application Fee PRFH2O230520199 PRFH2O23052019901 $50.00 $0.00 Mechanical - Application Fee PRFH2O230520199 PRFH2O23052019901 $50.00 $0.00 Plumbing - Application Fee PRFH2O230520199 PRFH2O23052019901 $50.00 $0.00 Total: $375.00 $0.00 Bonds: Item Type Balance Job Description: CONSTRUCT 2 STORY SINGLE FAMILY HOME Total Owing: $375.00 Page 75 of 138 COLLIER COUNTY IMPACT FEE CALCULATION Application Date: Application #: Address: Residential - Living Area Square Footage; Commercial - Total Area Square Footage IMPACT FEE SF Addition EMS SF Addition Government Buildings SF Addition Jail SF Addition Law Enforcement SF Addition Libraries SF Addition Community Park SF Addition ROAD SF Addition Regional Park Water - Residential TOTAL DUE PRIOR TO C.O. May 12, 2023 PRFH2O230520199 261 Oak AVE, Naples 7062 0 # UNITS/SQ. FT. 1 1 1 1 1 1 1 1 0.3 RATE TOTAL $17.26000000 $17.26 $113.57000000 $113.57 $71.71000000 $71.71 $74.14000000 $74.14 $40.58000000 $40.58 $133.89000000 $133.89 $1,774.00000000 $1,774.00 $386.35000000 $386.35 $3,382.00000000 $1,014.60 $3,626.10 IMPACT FEES MUST BE PAID PRIOR TO ISSUANCE OF A TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY, BUT CAN BE PAID ANY TIME AFTER PERMIT ISSUANCE. ONCE THE PERMIT IS ISSUED, THIS CALCULATION SHEET CAN BE SUBMITTED TO THE CASHIER FOR PAYMENT, OR A PAYMENT SLIP WILL BE PROVIDED PRIOR TO ISSUANCE OF THE C.O. IMPACT FEE CREDITS ARE NOT INCLUDED. COUNTY STAFF WILL PROCESS CREDITS ONCE THE PERMIT IS ISSUED. Impact Fee Administration 239-252-2991 Page 76 of 138 Collier County Growth Management Department BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermittingDept@CollierCountyFL.gov Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. • • • B.3. Building Type: ❑x 1&2 Family Dwelling/Townhouse nRes. 3+Units/Multi-Family ❑Commercial C1Mobile/Manufactured Home ❑Guest House C.1. Parcel/Folio #: 27581400005 C.6. Subdivision Lot #: 233800 - CONNERS VANDERBILT BCH EST #2 C.2. Job Street Address: 261 OAK AVE C.7. Project Name: TALLIDES C.3.OwnerName: TALLIDES, STERGIOS C.8. SDP/PL#: C.4.Owner Phone: 2395929900 C.9. Jurisdiction: ❑x Collier County ❑City of Everglades C.5.Email: ASHLEY@KKGBUILD.COM • • • • • D.1. Permittee Type: [@Contractor []Design Professional ❑ Owner Builder D.2. Contact Name: ASHLEY BASSETT D.3. License: CGC1512289 DA. Company Name: KNAUF KOENIG GROUP D.S. Company Address: 5640 TAYLOR RD #3 D.9. Company Phone: 2395929900 D.6. Qualifier Name: MATT KNAU F D.10. Fax #: N/A D.7.Email: ASHLEY@KKGBUILD.COM For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. ❑■ Yes Section E. Perosure,mit 6500000.00 E.2. Permit Type: ❑Alum Structure ❑Awnings ❑X Building*[] Carport/Shed 0 Cell Tower❑ Demolition[] Detached Garage []Electrical ❑Fence ❑ Fire ❑Gas ❑Marine ❑Mechanical [:]Plumbing [:]Pool ❑Roof ❑Shutters/Doors/Windows ❑Sales/Const.Trailer❑Screen Enclosure ❑Solar❑Sign/Flagpole []Water Feature E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. CONSTRUCT 2 STORY SINGLE FAMILY NEW HOME E.4. Occupancy Type: See Instructions E.5. Construction Type: ❑ 1A ❑ IB ❑ I1A ❑ IIB ❑ III A ❑ III B ❑ IV ❑ VA ❑ VB See Instructions E.6. Is Structure in a Flood Zone: ❑ No El Unknown ❑ Yes, additional form required. See Instructions E.7. Is Structure Fire Sprinkled: 0 No ❑ Yes E.8. Type of Water Supply: El Collier County ❑Well ❑CityofNaples ❑Ave Maria ❑ City ofEverglades ❑Immokalee ❑Other E.9. Type of Sewage Disposal: 0 Sewer ❑ Septic E.10. Vegetation Removal: ❑ Yes ❑x NO A Vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acre. E.11. Private Provider: E] No ❑ Yes ❑ Plan Review & Inspections ❑ Inspections Only E.12. Threshold Building: El No ❑ Yes E.13. Repairs from Disaster Event: E] No ❑ Yes Name of Disaster Event: E.14. Change of Occupancy: E] No ❑ Yes E.15. Is this a Permit by Affidavit: E] No ❑ Yes E.16. Subcontractors: Check All that Apply: ❑X Electrical © Plumbing ❑X Mechanical ❑X Roofing ❑ Septic ❑ Electric from house Section F. Area o• Only) Total Number of Stories: 2 Floor (Story) work is being performed on: 2 # Bedrooms: 5 # Bathrooms: 6 1 /2 Living /Int. Sq. Ft.: 7062 Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: 3942 Total Sq. Ft.: 11004 PLEASE DO NOT WRITE BELOW, FOR STAFF USE ONLY PMR Date: Days Review: Sets of Plans: PAGE 2 1.2023 Page 2/4 Page 77 of 138 Co ier County BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Growth Management Department PermittingDept@colIiercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department. NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additional information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE OWNER OR AGENT OF OWNER, certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER OR AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupancy is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application to provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review and Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. 1, THE OWNER OR AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furthermore, I, THE OWNER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property. Job Street Address: 261 OAK AVE Signature of Owner or Agent of Owner (An original signature is required) State of FL County of COLLIER MATT KNAUF Print Name of Owner or Agent of Owner The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization this 12 MAY 20 23 , by (printed name of owner or agent of owner) MATT KNAUF Such person(s) Notary Public must check applicable box: 8 Are personally known to me ❑ Has produced a current drivers license ❑ Has produced a)2� Notary Signature: as day of ASHLEY MARIE BA88ETT Notary Public State of Florida Commit HH370655 *s 4/2/2027 NOTICE OF COMMENCEMENT INFORMATI614 Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner and a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Building Permit Application 1.2023 Page 3/4 Page 78 of 138 Co ier County BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 Growth Management Department PermittingDept@colIiercountyfl.gov Secton I. A Required Page for ALL Building Permit Applicatons ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY THE QUALIFIER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department. NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additional information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not a clearing permit. WORK IN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. I, THE QUALIFIER, certify that I have not performed any work or installation prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The permit application or approved permit expires if work is not commenced within 180 days from the date of issuance. I, THE QUALIFIER understand that the structure cannot be used or occupied until a certificate of occupancy is issued. By signing this permit application, I, THE QUALIFIER, agree that I have been retained by the property owner to provide contracting services for the trade for which I am listed. Furthermore, it is my responsibility to notify the Building Plan Review and Inspection Division should I no longer be THE QUALIFIER responsible for providing said contracting services. I, THE QUALIFIER, agree that I understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Job Street Address: 261 OAK AVE Signature of Qualifier (An original signature is required) State of FL County of COLLIER MATT KNAUF Print Name of Qualifier The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this 12 MAY , 20 23 , by (printed name of qualifier) MATT KNAUF Such person(s) Notary Public must check applicable box: ❑x Are personally known to me ❑ Has produced a current drivers license ❑ Has produced � , Notary Signature: day of ASHLEY MARIE IBASSErr Notary Public State of Florida commp HH370655 Bow 4/2/2027 NOTICE OF COMMENCEMENT INFORMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500 between an owner and a contractor related to improvements to real property consisting of single or multiple family dwellings up to and including four units. For A/C repairs or replacements, a notice of commencement is required for improvements more than or equal to $15,000. The applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof. In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 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Backup provided by the County Planner The agent is responsible for all required data included in the digital file 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 NOT 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 X Affidavit of RepFesentati Authorization X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) X mina Information (Sign in sheet notes, minutes and transcript/or s r„ ✓ ;,;elude _R thumhpp;' drawp,; ef.,i.dee a d/ r audi Agent Letter & Mailing List Traffic Impact Study (TIS) Environmental Data Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\IobAides orHelp Guides Page 109 of 138 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. X flash drive with only one pdf file for all documents 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 flash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. Signatu e o Agen epresentative Jeff Rogers Printed Name of Signing Agent Representative 4/2/2024 Date Revised 5/18/2018 Provide to Agents G:\CDES Planning Services\Current\Zoning Staff Information\lob Aides or Help Guides Page 110 of 138 TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue • Naples, Florida 34104-3732 . 239-643-0166 • Fax (239) 643-6632 • tuna@thanaples.com January 30, 2025 Collier County Growth Management 2800 Horseshoe Dr. Naples, FL 34104 RE: Tallides Dock - 261 Oak Avenue (folio 27581400005) PL20240009438 - Variance Application To Whom It May Concern, Turrell, Hall & Associates, Inc. is submitting a Variance application request for a newly proposed single-family docking facility utilizing an existing seawall cut -in boat slip located at 261 Oak Avenue in Naples, FL. This variance petition is requesting for a side yard setback to be 7.3-feet from the eastern property line by utilizing the existing cut -in boat slip for the storage of the applicant's vessel on a new boatlift and the associated dock. The subject property is zoned residential single-family which allows two boat slips as outlined within the Collier County LDC. Historically the cut -in boat slip has been in the current location prior to 1968 which the applicant would like to utilize by constructing a new docking facility and boatlift. The driving factors for this variance are due to the applicant's vessel size overhanging the existing cut -in slip dimensions and proposed docking structure to be built around the cut -in providing safe access and providing access to all sides of the vessel for maintenance purposes. The cut -in slip dimensions are small based on today's typical vessel sizes, but it is still useful to have safe storage and access to the vessel for typical routine maintenance. As proposed, the stern of the boat on the new lift would extend out into the waterway which would be setback approximately 11.4-feet and the new dock within the cut -in would not extend out past the existing seawall but would only provide a setback of 7.3-feet. The existing side yard setback encroachment by the cut -in boat slip will not be decreased with the proposed project but maintained it's the newly proposed dock configuration which is why we are subject to the Variance process. Additionally, all the historical aerials provided within the attached applicant reflect a boathouse structure that seems to be similar in size providing the same approximate setback as the project is proposing. As proposed the project has been fully permitted by both the State and Federal permitting agencies with no objections to date. If you have any questions, please contact me via email Jeff@thanaples.com or at the office 239- 643-0166. Thank you. Page 111 of 138 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: Jeff Rogers Firm [if agent]: Turrell, Hall & Associates, Inc. *Address: 3584 Exchange Ave. *Telephone: (239) 643-0166 *E-Mail Address: Jeff@thanaples.com *City: Naples Cell: Location Information *State: FL *ZIP: 34104 Fax: *Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 27581400005 *Legal Description of subject property or properties [Attach list if necessary]: CONNER'S VANDERBILT BCH EST UNIT 2 BILK I N1/2 OF LOT 17 & ALL OF LOT 18 Street Address(es) where applicable, if already assigned: 261 Oak Ave. Naples, FL 34108 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 112 of 138 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 Addressing(cDcolliercountvfl.gov or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Proposed Street Name: Latest Approved Project Number [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 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. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.colliercountvfl.qov/citvviewweb Questions? Email: Front. Des k(a-)col I iercou ntyfl. gov 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 • xx x� x� xollicrcountvfl.gov- / Page 113 of 138 r -s, a•— 1 � r� 1 d 1 1 ■" i P lir ti 1 1 e' r L 1 ' P ° L . yT i- 1 6 _ 1 4 1 , ^ 1 , ■ 1 1 Y , 1 i 1 1 u L 1 e 1 e � a Co er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM 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 a C. ercentage or sucn interest: Name and Address % of Ownership Stergios Tallides 100 If the property is owned by a CORPORATION, list the officers and stockholders and the erc,en d9t: u1 bwuvw11Cu IJy CCll.l 1. Name and Address I % of Ownership I If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the oT interest: Name and Address I % of Ownership I 01/2023 Page 1 of 3 Page 115 of 138 9 e. Goer County 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 a eneral and/or limited 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 racers, stocknolders, uenencianes, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of g- Date subject property acquired ❑ Leased: Term of lease , or trust: Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Page 116 of 138 r Coer County 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, 1 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/ ner ignat e D to Agent wner Name (pteAe print) 01/2023 Page 3 of 3 Page 117 of 138 Co 1'er County Growth Management Community Development Department Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides 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 Chapter 3 J. of the Administrative Code PROJECT NAME: 261 Oak Ave - Dock Name of Property Owner(s) APPLICANT CONTACT INFORMATION Stergios Tallides Name of Applicant if different than owner: Address: Steve Tallides 3584 Exchange Ave. City. Naples Telephone: (239) 643-0166 Cell: E-Mail Address: Jeff@thanaples.com Name of Agent: Jeff Rogers Firm: Turrell, Hall & Associates, Inc. State: FL ZIP: 34104 Fax: Address: 3584 Exchange Ave City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: 239-784-0081 Fax: E-Mail Address: Jeff@thanaples.com 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.colliercountyfl.gov Page 118 of 138 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 27581400005 Section/Township/Range: 3/ 48S 25E Subdivision: Conners Vanderbilt Beach EST Unit: 2 Lot: 1 /2OF17 $18 Block: I Metes & Bounds Description: Total Acreage: 0.5 Address/ General Location of Subject 261 Oak Ave. Property: Vacant Residential HuJACENT ZONING AND LAND USE Zoning Land Use N RSF-3 Vanderbilt Lagoon S RSF-3 Vacant Residential E RSF-3 Single -Family Residence W RSF-3 Vanderbilt Lagoon Minimum Yard Requirements for Subject Property: Front: f.t. Corner Lot: ❑ Yes 0 No Side: _1 5 _ f.t. Waterfront Lot: ❑- Yes ❑ No Rear: 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 119 of 138 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 http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association. Naples Lions Club Mailing Address: 400 Oak Avenue Name of Homeowner Association: Mailing Address: Name of Homeowner Association: City: Naples state: FL ZIP: 34108 City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: 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 120 of 138 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 0 No If yes, please provide copies. Variance Application (VA) 3/27/24 Page 4 of 6 Page 121 of 138 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 Addressing Checklist Property Ownership Disclosure Form Conceptual Site Plan 24" x 36" and one 8 %" x 11" copy ❑ ❑ Survey of property showing the encroachment measured in feet Affidavit of Authorization, signed and notarized Deeds/Legal(s) Li Location map EJ 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 EJ 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 122 of 138 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 ❑ Other: ❑ FEE REQUIREMENTS Pre -Application Meeting: $500.00 Variance Petition: o Residential- $2,000.00 o Non -Residential- $5,000.00 o Sth and Subsequent Review- 20% of original fee Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 After The Fact Zoning/Land Use Petitions: 2x the normal petition fee 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 11 /21 /2024 Applicant Signature Jeff Rogers Printed Name Date Variance Application (VA) 3/27/24 Page 6 of 6 Page 123 of 138 >___74111110�v�TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULTING 3584 Exchange Avenue • Naples, Florida 34104-3732 • 239-643-0166 • Fax (239) 643-6632 *Jeff@THAnaples.com 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. The applicant/owner of the subject property purchased it in early 2022 consisting of a vacant single-family lot with a new concrete seawall and the shoreline included the subject cut -in boat - slip. The cut -in slip has been in place since prior to 1968, see attached exhibits which include numerous historical aerials for your reference. The proposed project consists of utilizing the cut -in slip by constructing a new docking facility along the subject shoreline which will extend inside the cut -in as well and the installation of two new boatlifts. Due to the cut -in slip existing dimensions the applicant's vessel will not completely fit within, which will result in the vessel extending out past the cut-in/outer seawall. Based on this the access dock due to the existing cut - in location being only 9.8-feet away from the eastern property/riparian line will be within the required setback of 15-feet. As proposed the dock on the eastern side of the cut -in will only be setback 7.3 feet from the shared property/riparian line. Please see attached exhibits specifically sheet 5 of 10 with the proposed dimensions. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The proposed project consists of constructing a new docking facility within the existing cut -in boat slip that has been on -site dating back to at least 1968. The applicant is just trying to utilize the cut -in but due to modern day vessel sizes being larger than in the past the applicant's vessel on a boatlift will extend out past the existing outer seawall therefore resulting in the vessel being with the required side yard setback. As proposed the vessel will be approximately 11-feet from the shared riparian line which the required setback is 15-feet. Additionally, the dock that is proposed to surround the cut -in specifically on the east side of the slip will only be 7.3-feet from the shared property/riparian line. 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. The proposed project consists of constructing a new docking facility and boatlift within an existing cut -in boat slip. The proposed variance request is due to the existing cut -in slip location that the applicant is just looking to utilize for their vessel as well as to construct a new dock to provide safe access and routine maintenance. Page 124 of 138 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. Yes, the applicant purchased this property in 2022, and the existing cut -in boat slip was constructed in or just prior to 1968. The applicant is only proposing to utilize the cut -in without making any dimensional changes to it which was originally designed to accommodate a smaller vessel compared to modern day vessels. 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. If the applicant is not granted this variance request, then the cut -in boat slip would then have to be re -purposed, or a reconfiguration of the proposed project would be required. 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. Yes, the proposed dock design is to utilize the existing side yard setbacks and not extend further out into the waterway. The only new encroachment/bay beyond the seawall is with the applicant's vessel extending out past the existing cut -in slip but has minimized the encroachment as much as possible. 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. No, the applicant is only proposing to utilize an existing cut -in boat slip with the vessel extending out past the seawall line and a dock surrounding the cut -in slip. The dock is being proposed to provide and ensure safe access as well as routine maintenance to all sides of the vessel. Based on the design the dock and vessel both will then be within the side yard setback. The subject property is a residential single- family lot with riparian access to the Vanderbilt Lagoon therefore a dock and at least 2 boat slips are allowed. 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. The proposed project will be utilizing an existing cut -in boat slip that has been in place since or just prior to 1968. The applicant proposed dock design and with the vessel extending out past the seawall limits then requires the side yard setback variance. As proposed it is our opinion that there will not be any new impacts to the immediately adjacent property owner nor cause any new impacts accessing their property by boat. 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. The subject waterway is a natural waterway that over the development of Collier County has been man -altered. This section of Vanderbilt Lagoon is considered by the State of Florida to have sovereign submerged lands (state lands) which then has in some cases more restrictive Page 125 of 138 dock construction standards to ensure the preservation of the waterway even though there are numerous other marinas and single-family docking facilities. h) Will granting the variance be consistent with the Growth Management Plan? Yes, besides the proposed dock design being within the side yard setback all other design criteria will be met. Additionally, a residential single-family property is also authorized to have at least 2 boat -slips and therefore the project is consistent with the Collier County Growth Management Plan. Page 126 of 138 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20240009438 I, `� ��'� �'� !C!� 1 ded (print name) as OW nee— (title, if applicable) of I !L k�a ?Ql 4 PC 31rlab (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant =contract purchaser=and 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 Turreii, Hall & Associates, Inc. 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 facts si to +n it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoin� instrument was acknowleged before me by means of M physical presence or online notarization this day of +Vf3�f�'1rX.( 20a, by (printed name of owner or qualifier) Slt OS Tili.AA Such person(s) Notary Public must check applicable box: i Are personally known to me © Has produced a current drivers license rl Has produced as identification. Notary Signature: %L CP\08-COA-00115\155 REV 3/4/2020 LEONIE JEAN4ACQUES Notary Public State of Florida $. C6mm#'I4H532283 \� Expires 5/27/2028 Page 127 of 138 Notification of Variance to Property Owners and Associations within 150 feet >9:t -0004ft 7 Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Suite B Naples, FL 34104 Office: 239 643-0166 3.12.2025 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: The subject property is located at 261 Oak Avenue and further described as Lot 18 and the North % of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. [PL20240009438] It is our intent to ask the County to allow us to request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet for a cut -in boat slip on the northern property line of a lot with 360 feet of water frontage, located within a Residential Single-Family-3 (RSF-3) zoning district on the aforementioned property. You are encouraged to contact the sender of this letter in the event you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, f K6a-- Jeff Rogers Turrell, Hall & Associates, Inc. Jeff@thanaples.com Page 128 of 138 Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to rep resent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA Petition: PL20240009438 I Buffer: 150' 1 Dale: 3/10/2025 1 Site Location: 27581400005 N NAME i NAME2 NAMES NAM NAMES NAME6 DUNNING, ROSEMARIE MATTHEW PALUMBO DAVID PALUMBO 283 OAK AVE NAPLES. FL 34108-0 KANAR.COUNLBM ELANIE 272 OAK AVE NAPLES. FL 34108-2321 KILLEEN. CAME ON KATHRYN LISE DOERING 291 OAK AVE NAPLES. FL 34108-0 MEHTA. RAJ KUMAR SUZANNE BEDIRIAN MEHTA 288 OAK AVE NAPLES. FL 34108-0 M ICHAEL B ELISA SCHWARTZ JOINT REVOCABLE TRUST 12225 WORTHINGTON RD OWINGS MILLS. MD 21117--0 TALLIDES. STERGIOS PO BOX 111554 NAPLES. FL 34108—A TURRELL. TODD T 12387 COLLIER'S RESERVE OR NAPLES. FL 34110—A LEGALI LEGAL3 LEGAL4 CONNER'S VANDERBILT BCH EST UNIT 2 BLK I LOT 19 CONNER'S VANDERBILT BCH EST UNIT 2 ELK I LOT 15 CONNER'S VANDERBILT BCH EST UNIT 2 ELK I LOT 20 CONNER'S VANDERBILT BCH EST UNIT 2 ELK I LOT 14 CONNER'S VANDERBILT BCH EST UNIT 2 ELK I LOT 16, S1/2 OF LOT 17 CONNER'S VANDERBILT BCH EST UNIT 2 ELK I N112 OF LOT 178 ALL OF LOT 18 CONNER'S VANDERBILT BCH EST UNIT 2 UNDIVIDED BLK E (UNDERWATER) FOLIO ADDRESSTYPE 27581440101 U 27. 20004 U 27581480009 U 27581280005 U 27581360006 U 27581400005 U 27580040000 U POList_150 Page 129 of 138 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. of State of Florida County of Collier The foregoing Affidavit of Com-plliance was acknowledged before me this {Z'TW day of ,t} , 202iK% who i ersonally (Iao—wn-me or who has produced as identification. Z� "0 (Signatur of otary Public) Printed Name of Notary EPublliiMa j�c_Sttpate or Florida i nF3�79r1)Sevcik HH 508577pires 3/26/2028 Page 130 of 138 INSTR 6229909 OR 6106 PG 3370 E—RECORDED 4/2/2022 10:33 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $31,150.00 REC $18.50 CONS $4,450,000.00 CONSIDERATION: $4,550,000.00 Prepared without review or opinion of title bv. Joshua A. Rudnick Attorney at Law Woods, Weldenmiller, Michetti & Rudnick, LLP 9045 Strads Steil Court Fourth Floor Naples, FL 34109 239-325-4070.:.,. File Number: gilmdur Parcel Identification No. 2"758iDb05' t [Space Above This Line For Recording DataL- Warranty Deed (STATUTORY FORM - SECTION 689,02, F.S) This Indenture made this 24th day ofM`I ffc-h,1022, between Barry Gilmour and Wendy Gilmour, husband and wife, Individually and as Co -Trustees of the Gilmour 10I6rida Trust dated January 31, 2018 whose post office address is 1983 Ashgrove Court, London, ON N6K 452, Canada; grantors,.and Stergics Tallides, a married man whose post office address is 9 Loman 9 IOMAN f the County of BeJeti, We of New Jersey, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other le good and valuable considerations to said grantor in ha*iWb' ,said grantee, the receipt whereof is hereby acknowledged, has granted, bargained„ and sold to the said grantee, arid gratltee ,heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit,, -- Lot 18 and the North 112 of Lot 17, Block 1, t b��er's`�Yanderbilt Beach Estates, Unit No. 2, according to the map or plat thereof, as recorded in isublic�Recbrds of Collier County, Florida. Subject to ad valorem taxes for the year 2022 and subseque tyeats; pning, building code and other use restrictions imposed by governmental authority; outstanding oil; a"' nd mineral interests of record if any; and restrictions, reservations and easements common to the sul ivisio(n; jxrovided however, that none of them shall prevent use of the property for residential purposes. TOGETHER WITH all the tenements, hereditaments and appurtenan thereto belonging or in anywise appertaining. �< TO HAVE AND TO HOLD the above described premises, with the appu `enari�es, unto the said grantee, its successors and assigns, in fee simple forever. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever.' " "Grantor" and "Grantee" are used for singular or plural, as context requires. DouhleTimell' Page 131 of 138 *** OR 6106 PG 3371 *** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of (as to both): liar Gilmour, Individually and as Co -Trustee of the Gil�our Florida Trust dated January 31, 2018 t J Wendy it ur, lndividually and as Co -Trustee of the Gilmour lorida Trust dated January 31, 2018 State of Florida County of Lee _ The foregobig• instrument was acknowledged and witnessed;Aiefore" me by means of (X] physical presence or [ ] online notarization, this OVdday of March, 2022 by Barry GiW0ue attd,Wandy Gilmour, individually and as Co -Trustees of the Gilmour Florida Trust dated January 31, 2018, who are personally known or [X] have produced a driver's license as identification, `- �tatvput SUSAN E. RIC14EY (Notary Sea]] . , COMMISSIQa # GG 934857 Notary Pubttc Expires December 25, 2023 0 ,fig pTFor vti Bonded ThreSudgel NotarySeivfces} ,a Printed Name: � t��I My Commission Exp es � Fr'arranty Deed (Start,toq Form) - Page 2 DoubleVmO Page 132 of 138 John Kelly From: Nancy Gundlach Sent: Wednesday, April 23, 2025 2:53 PM To: John Kelly Subject: Public Hearing Sign Posting for P1_20240009438, 261 Oak Avenue Variance I, Nancy Gundlach, Planner III, posted the required public hearing sign for PL20240009438, 261 Oak Avenue Variance on April 22, 2025. Respectfully, Nancy Gundlach, AICP, PLA, CSM Planner III Zoning Services Division (239)252-2484 Nancy.Gundlach@colliercountyfl.gov 2800 N. Horseshoe Drive, Naples, FL 34104 Covier C014nty Nancy Gundlach Planner III Zoning Office:239-252-2484 Nancy. Gundlach(a)colliercountyfl.gov Collier Count, [IMMOM Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Page 133 of 138 I AWI iGT- .u:u�1: ,�' __ ( -ate- ��r'W��. .�.� .•. ') i�-'•!• L. mill mor- r • , 239. 437 . NAPES �F, 07 W-11. ft 41 � � � � � � • � �� .. "#��`. ?'- v. , � lg::- T-g'. i`• .'•ire ' -•,Zv�,y� y� _: � e y j�. - Wo ATTACHMENT F — Public Correspondence VA-PL20240009438 261 Oak Ave Conditional Letter of No Objection • Palumbo — 283 Oak Ave Page 135 of 138 John Kelly From: Sent: To: Subject: Good morning Mr. Palumbo, John Kelly Wednesday, April 23, 2025 1:50 PM Matthew Palumbo RE: 261 Oak Ave Petition Number PL20240009438 Your letter has been received and will be included within the formal meeting package that will be provided to the Hearing Examiner approximately seven days before the meeting. I have also spoken to the applicant's agent and he has assured me that he'll discuss your requests with the property owner before the meeting. As County staff, I'm unable to impose such restrictions; however, the Hearing Examiner will be basing his Decision upon the Staff Report and any testimony provided at the time of the public hearing. Again, your letter will be included with the Staff Report as an attachment; therefore, your noted conditions will have been made known to the Hearing Examiner before the commencement of the public hearing. I'll strive to provide you with a URL so that you can review the meeting package once it has been published; likely on 5/02/2025. Feel free to contact me if I can be of further assistance. Respectfully, John Kelly Planner III Zoning Office:239-252-5719 2800 N Horseshoe Dr. Naples, Florida 34104 John. Kelly(@colliercountyfl.gov From: Matthew Palumbo <Matthew@stonehilllaw.com> Sent: Wednesday, April 23, 2025 9:03 AM To: John Kelly <John.Kelly@colliercountyfl.gov> Cc: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Subject: 261 Oak Ave Petition Number PL20240009438 -S Collier Count, Offloom EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Mr. Kelly, My name is Matt Palumbo and my family resides at 283 Oak Ave Naples, we directly abut the petitioner at 261 Oak Ave along the northly property line. Please find attached a letter regarding this variance application. I plan to participate in the hearing remotely. Matt Page 136 of 138 781 808 6083 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Page 137 of 138 To: Jeff Rogers Turrell, Mall & Associates, Inc. Marine & Environmental Consulting 3584 Exchange Ave. Naples, FL. 34104-3732 Phone: (239) 643-0166 Fax: (239) 643-6632 Frornc Matthew & David Palumbo 283 Cfak Avenue Naples, FL 34108 Phone: (781) 808-6083 RE: 261 Oak Avenue — Varia-ce Dear Mr. Rogers, We received your letter dated March 12, 2025 of your client's intent to request a variance to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet fora cut -in boat slip along our shared property line. Upon request, you emailed us the proposed plans on March 27, 2025 and explained to us the plans and answered our questions on a phone call. Based on our review of the proposed plans, we are not opposed to the variance with the following conditions: 1. A canopy cover not be permitted over the cut -in boat slip. 2. A boat lift will be mounted on top of the pilings and we request no such boat lift %Bill exceed 7.5' above the seawall cap. 3. The petitioner install landscaping at the height equivalent to a boat positioned at the highest point on the lift. Along the northerly property line Please feel free to contact me if you'd like discuss further. Since-e{y, / Matthew Palumbo 283 C a k Ave Naples, FL 34108 Page 138 of 138