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HEX Final Decision #2025-41HEX NO. 2025-41 HEARING EXAMINER DECISION DATE OF HEARING. October 95 2025 PETITION. Petition No. VA-PL20250002073 —Request for a variance from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space per every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; for the benefit of a property located in the Estate (E) Zoning District at 4840 Teak Wood Drive to allow horse boarding, subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for Applicant's Home -Based Business. The property is further described as the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, according to the plat thereof recorded in Plat Book 9, Page 45 of the Public Records of Collier County, Florida, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To have the Collier County Hearing Examiner (HEX) consider a variance request to reduce the required parking for the accessory home -based business uses specified herein from 5 parking spaces to zero. This is a petition for a variance from Land Development Code (LDC) Section 1,05,04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space for every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; to allow horse boarding as an accessory use subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for applicant's home based business. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. Page 1 of 7 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were two public speakers, Denise and David Welsh, neighboring property owners of 4911 Teak Wood Dr, in opposition to this Petition. There was one public speaker, Richard Giovannelli, of 121 Sunrise Court, neighboring owner to the south of the subject property, in support of this Petition. Additionally, there was one public speaker, Thomas Eppley, a licensed massage therapist and vendor for the Applicant, and he shared that he has been providing services for the horses at the subject property for approximately three years, detailed his weekly visits, the hours of operation, and confirmed that, to his knowledge, no horse shows have taken place on the property. 5. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.1 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? The record evidence and testimony fi°om the public heap°ing reflects that yes, the applicant's agent argues that the subject lot exceeds the 2.25-acre minimum lot size for properties within the E Zoning District, and the fact that there is sufficient area for paved parking without using the driveway or right -of --way justifies the Variance request. Additionally, it is felt that given the E Zoning District allolvs for limited agricultural uses as a right, this is a special circumstance not applicable to other residential zoning districts. County staff concurred. 2. Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which are the subject of this variance request? The r°ecord evidence and testimony from the public hearing reflects that yes, the applicant's agent stated that the applicant did not create the lot or the LDC provisions that i°egztire parking for all uses, principal and accessory. County staff concurred. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? The record evidence and testimony fi•om the public hearing reflects that the applicant's agent stated, "Yes. Section 559.955, Florida Statutes, allol��s for honaebased businesses, and the property has sufficient cient room to accommodate all required parking on improved spaces outside of the right-of-way and the driveway, but because of the limitations on paper 1 The Hearing Examiner's findings are italicized. Page 2 of 7 in an Estates zone, County staff has issued ZLTR-PL20230016528 (zoning letter) requiring ca parking variance. " County staff concurred. The variance reduces the LDC required parking but the owner may provide parking beyond the LDC required parking, provided the owner complies with Section 559.995, Florida Statutes including the requirement that "as viewed from the street, the home -based business use is consistent with uses of residential areas that surround the property. " 4. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety, and welfare? The record evidence and testimony fi°om the pZrblic hearing reflects that the applicant's agent stated, "Yes, the variance is the minimum variance that will make possible the reasonable use of the land because it provides for a hone -based business iVithin the livestock linits applicable to all Estates zoned lots, and many estates lots, including the neighboring lot, have horse barns and vehicles in excess of residentially zoned lots. Thus, there is no appreciable difference behveen the use of this lot and other Estates zoned lots. For example, even an employee and/or independent contractor that takes care of horses is a use that can take place on an Estates zoned lot, provided the underlying operation was not commercial. " Couivy staff concurred. 5. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? The record evidence and testimony from the public hearing reflects that the applicant's agent stated, "No. Section 559.995, Florida Statutes, applies to all properly in Collier County. Additionally, the underlying agricultural use (and the intensity of the use) is permitted by right in all Estates zoned lots. " County staff concurred and further notes that other properties facing a similar hardship would be entitled to nake a similar request and would be conferred equal consideration on a case -by -case basis. 6. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? The record evidence and testimony from the public hearing reflects that the applicant's agent stated, "Yes. The purpose card intent of the estates district (E) is to provide land for low -density) residential development in a semi -rural to rural environment, ivith limited agricultural activities. 'Because the limitation on the number of horses (2 per acre) is being follolved and because, as this is a home -based business, the residential use is being maintained, the resulting use is low-densiiy residential in a semi-rraral environment tivith limited agricultural activities. " Counny staff concurred Page 3 of 7 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? The record evidence Lind testimony fi om the public hearing reflects that tBe applicant's agent stated, "No. " Staff noted that the provided site plan incorporates a hedge parallel to all property lines and a double hedge row between the principal use and accessory use areas. 8. Will granting the Variance be consistent with the Growth Management Plan (GMP)? The record evidence crud testimony from the public Bearing reflects that the applicant's agent stated, "I'es. The home -based business is rural in nature and thus conforms 1vith the applicable Urban Golden Gate Estates Sub -element Policy 3.2.1: Rural character protection provisions shall provide for the preservation of such rural amenities as, but not limited to, hooded lots, the keeping of livestock, the abilio� to grow crops, wildlife activity), and loly-density residential development. " County staff further noted that the subject Variance will not affect or change the requirements of the GMP concerning density, intensity, compatibility, access/connectivity, or any other applicable provisions. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. The record evidence and testimony fr•orn the public hearing reflects that the subject property is designated Estates, Mixed Use District, Residential Estates Subdistrict lvithin the Urban -Golden Gate Estates Sub -Element of the Golden Gate Area Master Plan. This land use category is designed to accommodate single family residential development at a maximum density of one unit per 2.25 acres, or one unitper legal non -conforming lot of record. The petitioner seeks a Variance for parking required for accessory uses that are to be conducted as part of a home -based business. The Gr•olvth Management Plan (GMP) does not address individual variance requests related to land use. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03 of the Land Development Code to approve this Petition with conditions. All petitions for a variance from the County's LDC are reviewed on a case -by -case basis and are not precedent setting. Conditions may be attached to the approval of a variance if rationally related to the subject matter of the variance, and to ameliorate potential adverse effects. The subject variance from the county's parking requirements is to facilitate the operation of a home -based business for horse boarding and the sale of farmed eggs. Horse boarding includes boarders riding their horses on the property in a lighted and fenced riding area, and it requires delivery of horse feed and other necessities. There are vendors and at least one employee associated with the home - Page 4 of 7 based business. A public residential road is the only access to the subject property, and there are residences nearby. Therefore, approval of the Petition with conditions is appropriate. Florida law governs the regulation of home -based businesses by local governments in residential areas under Section 559.955, Fla. Stat. This is by no means a plenary preemption of local regulations. For example, the statute allows "...a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business[;] "...the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence[;]" "...the local government may regulate heavy equipment [- commercial, industrial, or agricultural vehicles, equipment, or machines at the business which is visible from the street or neighboring property ]" "... [t]he Y -] g g P p tY [� home -based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential Prp �'[�o er ]" "...business activities [must] comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors[;]" and "...business activities [must] comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids." Sec. 559.955 (3)(a4), Fla.Stat. Logically, except for the parking variance, a condition or conditions requiring adherence with these provisions is prudent. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20250002073, filed by Zachary W. Lombardo, Esq, representing the owner/applicant Isabella Fuerst Taylor, with respect to the property legally described as located at 4840 Teak Wood Drive, AKA: the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, in Section 4, Township 49 South, Range 26 East, Collier County, Florida, for the following: • A Variance request from Land Development Code (LDC) Section 4.05.04, Table 17 — Parking Space Requirements, for a horse boarding stable, from one space for every two stalls to zero; and for the on-site/off-site sale of farmed eggs from one space to zero; to allow horse boarding as an accessory use subject to the limitation of 7 horses in the Estates zoning district on 3.55 acres; on-site/off-site sale of farmed eggs, subject to the limitation of 25 total fowl or poultry in the Estates zoning district, to allow for applicant's home based business. Said changes are fully described in the Site Plan attached as Exhibit "A" and the Sketch of Boundary Survey attached as Exhibit "B" and are subject to the conditions) set forth below. ATTACHMENTS. Exhibit A Site Plan Exhibit B —Sketch of Boundary Survey Page 5 of 7 LEGAL DESCRIPTION. The subject property is located at 4840 Teak Wood Drive, AKA: the West 180 feet of Tract 115, Golden Gate Estates, Unit No. 95, in Section 4, Township 49 South, Range 26 East, Collier County, Florida. Property ID No.: 41832000004, CONDITIONS. 1. Except for the subject parking variance, the Petition is approved but the home -based business shall adhere to Sec. 559.955, Fla.Stat. 2. The hours of operation for horse boarding and visitation, as well as any egg sales, shall be between 7:00 A.M. and 30 minutes after sunset, seven days a week. 3. There shall be no parking on the public right-of-way to the front of the subject property, consistent with County Code and Sec. 559.955, Fla.Stat. 4. Routine deliveries associated with the home -based business must be conducted using vehicles smaller than a tractor trailer, and must be able to ingress and egress the subject property without obstructing the public roadway, for example by backing into the property. 5. There is to be no outside storage of any commercial heavy equipment visible from the street or neighboring property, pursuant to Sec. 559.955, Fla.Stat. 6. There shall be no storage of boarder's horse trailers. 7. Pursuant to Sec. 559.955, Fla.Stat., there shall be no more than two employees or independent contractors on the property at one time who do not reside at the property, except in the case of emergencies 8. Pursuant to Sec. 559.955, Fla.Stat., the home based business shall comply with local ordinances with respect to noise, vibration, heat, smoke, dust, light glare, fumes, or noxious odors which apply to a residence where no business is conducted. 9. There will be no horse shows or rodeos conducted at the subject location. 10. Pursuant to Sec. 559.955, Fla.Stat., the home based business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids shall comply with local ordinances that apply to a residence where no business is conducted. 11. The maximum number of vehicles associated with the home -based business permitted on the property at any given time shall be limited to seven (7) vehicles. Ali vehicles must be parked within designated parking area not visible from the street or neighboring residences, This limitation is subject to temporary adjustment in cases of extraneous circumstances, such as a severe weather event or medical emergency. 12. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Page 6 of 7 APPEALS. This decision becomes effective on the date it is rendered. An appeal of this decision shall be one in accordance with applicable ordinances, codes and law. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. /v November 7, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 BIT "A" 11/7/25, 11:OOAM PDF.js viewer 41832000004 / 4840 TEAK WOOD DR SITE PLAN O L J PARKING SPACES e (6 Parking Spaces) ■ LANDSCAPED HEDGE L1 ° L1 © rl N © �� https://colliercofl.portal.civicclerk.com/event/117/files/attachment/12351 1 /1 WAgH ol llW7o]W WAN CRMARK LAND SL1 RVICCE,S, INC. 11011.6 C. Boug"M NlpWIorid134109 La 17502 TFL 23PS91O771 BenLhmlNlydYrvan.mm SKETCH OF BOUNDARY SURVEY PROPERTYADDRESS CERTIFIEDTO FLOOD ZONE INFORMATION 4840 Teak Wood Drive Justin Armstrong Community Number. 120067 Napies, FL 34119 Panel: 0402 Suffix: H ENective Date: 05/16/2012 Flood Zone: AH BFE: 12.5' NAV,D. 1988 LEGAL DESCRIPTION AS FURNISHED The West 180 feet of Tract 115, GOLDEN GATE ESTATES, UNIT NO.95, according to the plat thereof as recorded In Plat Book 9, Page (s) 45, of the Public Records of Collier County, Florida. TRACT 113 TEAK WOOD DRIVE 1ST AVE, N.W. (P.) (IMPROVED) ROAD 60' WIDE FND. PK --------Y------- NO I.D. OPPOSITE P.R.M, (NOT FND.) L-1= N 89°40'S0" W 150' D. N 89'41'33" W 149.98' M. L-2 = S 88°2330 W 180.10 D, S 88023'45" W 180908' M, L-3 = S 89°40'SO" E 180' D. S 89'43'37" E 180.24' M. L-4 = S 00.19'11" W 827.09' M. L-5 = N 00'19'09" E 833.19' M. L-6 = S 89'39'44" E 179.99' M. t � 0' 50, 100' GRAPHIC SCALE SCALE: 1"=100' TRACT 116 1650' P. & 1650.09' M. B.R. FND, PK, ELEV_= TRACT 114 W W f FND 5/8" LR. NO LI m SAND AREA L-2 t- J rml►v.l FND. PK NOI.D. L-1 _ — — FND. NO 1 FND 5/8" LR. NO I.D. REMAINDER OF TRACT115 GOLDEN GATE ESTATES UNIT N0.32 BEARING OEAIiINGS SHOWN HEREON ARE BASED UPON A PLATTED BEARING OF SOUTH 89'40'SO° EAST FOR THE CEATcRUNE OF TEAK WOOD DRIVE A55HOWN ABOVE. NOTES: ].LEGALDESC IPnON►ROVIDEO6YOTmum NOE%AMINATN)110FTMMADEaYSURVEYOR. ,THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED. IT IS NOT ACERTIFIGTION OF TITIF, ZONING, CASEMENTS, FREEDOM FROM ENCUMBRANCES OWNERSHIP OR RRiHTS-0E-WAY. i UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. WALL TIES ARE TO THE FACE OF THE WALL TIES ME NOT TO DC USED TO RECONSTRUCT BOUNDARY lM'ES. FENCE OWNERSHIP NOT DETERMINED. 4. NOT VALID WITHOUT THE SIGNATURE B ORIGINAL RAISED SEAL OF A FLORIDA UCENSEDSURVEYOR AND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED. OF EASEMENTS OR RIGHTS-0FWAY OF RECORD, OTHER THAN THOSE ON RECORD PLAT IS REQUIRED,TTIIS INFORMATION MUST BE FURNISHED TO THE >PER, PER, FLORIDA STATUTE L-ll.OS2 tt2}1(dJ40F7HE FLORIDA ADMINISTRATIVE LOGE. l FT1ONS TO SURVEY MAPS OR RfPORT5IY O7HF0. THAN THE SNiNIA'G PARTY OR PARTIES IS PROHIBITED WITHOUT Y/RIRD: CONSENT OF iHESIGryrYO 10. THE f.E.MA FLOOD ZONE INFORAM710ry INDICATED HEREON I] RASED ON INTFAPREfA710N OF MAPS SUPPIRiD W THE FEpERAL GOVERNMENT. D l5 THE RESPOILSIBIUTY OF7HE OWNER AND/OR CONTRACTOR TO VERIFY FLOOD ZGAE IKfORMATION µ0 BUIIDIKG REST0.ICTIOKS PPIORTO ANY CONSiRUCTIOK OR PLINKING. 1L EIF/ATIONS SHOWN HEREON ARE BASED UPOR NAV.D. 191a LEGEND SURVEY# 19402 DRAwN ar: ADCED SEPTIC i TRACT127 S 89°40'S0" E 421.75' P. S 89°34'03" E 441,451 M. TRACT 128 o Uhl W � I HER CERTIFY THAT A SURVEY OF THE HEREON DESCR18ED PROPERTY WAS MADE UND-cq MY DIRECDON PER STANOAR05 OF PRACTICE AS PER CHAPTER 51-17.053, F.A.C. &PURSUANT TO SECTION 472.027, FLORIOA NAMES. Kenneth�F�� KENNETH BARRIO PROFESSIONAL SURVEYOR AND MAPPER PSM N0. 6348 STATE OF FLORIDA POLE AE, ACaSS EASEMEM E EASE M.N.W. MEµ NIGH WATER UNE P.RM. PGMANEM REfERFNCE MONUMENT x0.1R7 EXISTING EINAiWN aA BEARING REFFMNCE D.H. ONII HOLE N NORTH P.T. POINT OFTµGFNCYiK PARKEM(AION NAZI %® PROPOSED EIEVATION C CALCULATED EO.W. EDGE OF WATER NBD, RAIL RDISK P.0.E PUBLIC UItIOY FASFMFL7 qy POWER