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HEX Final Decision 2014-21 HEX NO. 2014—21 HEARING EXAMINER DECISION PETITION NO. VA-PL20140000891 —David Burke requests a variance from LDC Section 4.02.03 to reduce the rear yard accessory structure setback line from 10 feet to 7 feet, and from LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on the west side of the property, to allow for construction of a proposed pool and tiki hut on property located at Sorrento Gardens Unit No. 3, Block H, Lot 8 in Section 15, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: August 14, 2014 STAFF RECOMMENDATION: Approval of the variance as to the rear yard setback, but denial of the variance as to the side yard setback. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.03 of the Land Development Code has been met for the rear yard setback variance, but not for the side yard setback variance, and the petition should be approved only for the rear yard setback variance. ANALYSIS: Three letters of support were received for this application: two from abutting neighbors and one from a resident less than 500 feet away. Sufficient justification was provided to approve the rear yard setback variance needed for the swimming pool and tiki hut, but such justification was not provided for the side yard setback variance. During discussion with the applicant regarding the side yard setback, it was affirmed that the distance between the swimming pool and the tiki hut (shown as 17 feet) could be reduced and the tiki hut could move closer to the swimming pool. This relocation would place the tiki hut structure outside of the side yard setback, and eliminate the need for a side yard setback variance. The applicant acknowledged that his elderly grandparents, one of whom uses a wheel chair, reside at the residence and the rear yard setback variance is needed as a safety precaution to provide ample travel distance (shown as 8 feet) between the swimming pool and the home. [14-CPS-01328/849621/1]11 1 of2 DECISION: Petition No. VA-PL20140000891 filed by David Burke, with respect to the construction of a proposed pool and tiki hut on property located at 1185 Pompei Lane, Naples, Florida, as shown in the Survey Sketch attached as Exhibit "A", is hereby approved for the following variance only: • From LDC Section 4.02.03 to reduce the rear yard accessory structure setback line from 10 feet to 7 feet. However, the following requested variance is denied: • From LDC Section 4.02.01 to reduce the side yard setback line from 7.5 feet to 3 feet on the west side of the property. ATTACHMENT: Exhibit A—Survey Sketch LEGAL DESCRIPTION: Lot 8, Block H, SORRENTO GARDENS, according to the Plat thereof, recorded in Plat Book 6,page 38, of the Public Records of Collier County, Florida. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. 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 TH ZONING MAP FOR INFORMATIONAL PURPOSES. -Zo l'-( AlCia e'`) Date Mark Strain, Hearing Examiner Apr ed as t form and legality: Scott A. Stone Assistant County Attorney [14-CPS-01328/849621/1]11 2 of SURVEY SKETCH OF SPECIFIC PURPOSE SURVEY COPYRIGHT 2013: F.L.A. SURVEYS CORP. SKETCH OF PROPOSED IMPROVEMENTS PAGE 1 OF 2 NOTES SEE REVERSE SIDE FOR PAGE 2 OF 2 BOUNDARY INFORMATION AND OTHER THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNERSHIP. IMPROVEMENTS SHOWN WERE TAKEN THE SPECIFIC PURPOSE OF THIS SURVEY FROM BOUNDARY SURVEY BY THIS IS TO SHOW PROPOSED IMPROVEMENTS ON FIRM DATED 11/22/2013. THE SURVEY OF A PROPERTY PREVIOUSLY NOT FOR FENCE CONSTRUCTION SURVEYED BY THIS FIRM. PROVIDED BY CLIENT NOT FOR CONSTRUCTION 10.0" REAR YARD STREET ADDRESS: .NOT FOR DESIGN FIR 5/8' ACCESSORY 1185 POMPEI LANE FIR 5/8' N,89'4 7'00T, 75.00' (P) NO ID STRUCTURE NAPLES, FLORIDA #LB 4273 N.89°51'29'E 74,93' CC) 0.7'SW SETBACK LINE 4' CLF 0.0', PLAT BOUNDARY 1'5' Y -''fir-* REE UN _ I 5` UE 7 GTE �p�' CORNER + E "`" '0.4 PROPOSED 28'. PROPOSED 15' X rQo.———_ — ____„:„---117- '_„°� X 14' POOL -A N 11✓5' WOOD DECK "�-- _.L i's! b ;WITH TIKI HUT t .6.0, t--17,9'-- [ 7.5' SIDE YARD B, E, 1 1.,..4...._.r..), - 280' I ' ]4 LOT 9 SETBACK LINE 8.1' al' `'• 7.5' SIDE YARD/ w BLOCK H S,. SETBACK LINE 7.8' ' f 1 I ^4 o a0' U � N I SINGLE STORY SCALE 1" = 30' °o o as RESIDENCE a p LOT 7 BOCK H o~ #1185 o 0 W " "" 3 ' CI tiv ff A/C Z CI �0 Ch 8.1' 37.6' OQ O 2 � I ■0 CS 2L4' tj a . Z ti LOT 8 I h q BLOCK H 31)0' 0. J FIR 5/8' CONC I Q #LB 4273 DRIVE I FIR 5/8' 0- RIGHT OF 614 r,,, #L B 4273 ^ Z S.89'50 36'W, 7503' CM) a I N.89'47'00'E, (BOB,) y FIR 5/8' II S89'47'00'W 7500' (P.) fI 620,00' (P) 619.49' CM) NO ID 3Gy0' / \3d(0' EDGE OF PAVEMENT\ I I I CENTERLINE-. _i _ _ _ I _ - POMPEI LANE 60' ROW AND F. DY,rit,, Na 3859 LEGAL DESCRIPTION : ,t,4'1-47-e v,oalbPt LOT 8, BLOCK H, SORRENTO GARDENS, ACCORDING TO THE PLAT fit suRVEy THEREOF, RECORDED IN PLAT BOOK 6, PAGE 38, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CURRENT SETBACK LINES CSBL) SHOWN WERE PROVIDED BY CHRISTINE WILLOUGHBY OF THE CERTIFIED TO : COLLIER COUNTY PLANNING DEPARTMENT AND MUST BE VERIFIED PRIOR TO DESIGN OR DAVID BURKE AND DENNIS G, GORMAN CONSTRUCTION. QUALITY CONTROL 10' REAR ACCESSORY STRUCTURE SBL 7.5' SIDE SBL BY : DYSARDO DATE :_ 5/09/2014 I CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. 0 7 15 30 50 CERTIFICATION GRAPHIC SCALE I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE. NOTE ��74 IN COMPLIANCE WITH F.A.C. BY • SURVEY DATE :_5/09/2014 IN COMPLIANCE (2) (d) C4) (IF LOCATION OF EASEMENTS OR RIGHT-OF-WAY OF RECORD, CLINTON W. FINSTAD;PE, CFM, PIS #2453 LELAND F. DySARD, PIS #3859 OTHER THAN THOSE ON RECORD PLAT, IS MARY E. FINSTAD, CFM, PSM #5901 REQUIRED, THIS INFORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTE' IF APPLICABLE, FENCES SHOWN MEANDER FLORIDA STATUTE 5J-17.05 (3) (c): TWO SITE BENCHMARKS REQUIRED FOR CONSTRUCTION ON OR OFF LINES. (APPROX. LOCATION ONLY) NOTE: PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. 3884 PROGRESS AVE., SUITE 104 REVISIONS NAPLES, FL 34104 F.L.A. SURVEYS CORP. 239-403-1600 FAX 403-8600 PROFESSIONAL LAND SURVEYORS & MAPPERS—LB 6569 239-404-7129 239-580-2795 239-250-2792 239-825-8504 PROJECT NO: 9220 BONITA BEACH ROAD, STE 200 DRAWN BY: 1 LFD PARTY CHIEF: N/A BONITA SPRINGS, FL 34135 14-85119 EXHIBIT "A"