HEX Final Decision 2015-20 HEX NO. 2015—20
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150000189 — Vanderbilt Beach, LLC, requests a variance from
Section 4.02.01, Table 2.1 of the Land Development Code, to reduce the side yard accessory
structure setback line from 15 feet to 11.44 feet on the south property line, and from 15 feet
to 8.05 feet on the north property line, to allow for reconfiguration of an existing stairway
and construction of a proposed arbor and freezer on property located on Gulf Shore Drive,
approximately 1,200 feet north of Vanderbilt Beach Road, in Section 32, Township 48
South, Range 25 East, Collier County, Florida.
DATE OF HEARING: May 14, 2015
STAFF RECOMMENDATION: Approval.
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 and the petition is approved.
ANALYSIS:
This site is developed as a private beach club consistent with an existing conditional use. The
applicant requested several side yard variances for changes and expansions that would be
inconsistent with the required setbacks under the Land Development Code (as demonstrated on
the attached Exhibit V3). No members of the public were in attendance. The applicant provided
copies of correspondence from adjoining and nearby property owners expressing no objection to
the requested variances.
DECISION:
The Hearing Examiner hereby approves Petition No. PL20150000189 filed by Karen Bishop of
PMS Inc. of Naples on behalf of Vanderbilt Beach, LLC, for a variance from Section 4.02.01,
Table 2.1 of the Land Development Code, to reduce the side yard accessory structure setback
line from 15 feet to 11.44 feet on the south property line to allow for extension of an existing
stairway and construction of a proposed arbor and freezer, and from 15 feet to 8.05 feet on the
north property line to allow for construction of an additional stairway and reconfiguration of an
existing stairway on property located at 9467 Gulf Shore Drive, Naples, Florida, as shown in the
Setback Detail attached as Exhibit V3.
[15-CPS-01415/1179399/1148 l of 2
ATTACHMENTS: Exhibit V3 — Setback Detail
Exhibit A—Legal Description
LEGAL DESCRIPTION: See Exhibit A.
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
or the Board of Zoning Appeals, as appropriate. 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 THE ZONING MAP FOR
INFORMATIONAL PURPOSES. I
5- 19- 20i5
Jaul
Date Mar Strain, Hearing Examiner
App d as tiorm and legality:
Sco A. Stone
Assistant County Attorney
[15-CP5-01415/1179399/1]48 2 of 2
Exhibit A
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LEGAL DESCRIPTION i
`-..T� (SCHEDULE 'A', CHICAGO TITLE INSURANCE COMPANY COMMITMENT OFFICE FILE NUMBER s
VA68.00001, DATED APRIL 18, 2008.)
A STRIP OR PARCEL OF LAND ALONG VANDERBILT LAGOON, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS' RUN SOUTHERLY ALONG n
I RUM THE QUARTER SECTION CORNER ON THE EAST LINE OF SECTION 33 IN SAID TOWNSHIP AND RANGE, f
THE LAST LINE LIOF NE SAID 72345 FEET 68.5 NG THE CENTERLINE OF THE RIGHT-OF-WAY ANGLE COUNTY ROAD WEST
SAID SECTION LINE FOR 7,
ALONG THE BY WESTERLY SIDE IN DEED RIGHT-OF-WAY 1356.59 FEET)72'06'10'
HENCE RUN TORTHE
ALONG THE WES p
EAST LINE OF SAID ROAD RIGHT-OF-WAY AND THE PLACE OF BEGINNING.
THENCE ALONG SAID END THEHAPPROXIMATE MEAN moo (1.5 N.G.V.D. FEE T TO THE FACE
OBSERVED AT OF ANUARY 21,
19031 THENCE BULKHEAD AND
THENCE R LINE) SAOBSERVED JANUARY 21, 1983 100.00 BULKHEAD A LINE APPROXIMATE MEAN
35'30 E FROMHTHE PLACE OF
N.G.V.D. CONTOUR LINE ,,
BEGINNING) THENCE 581'35'30'W 149.48 FEET TO THE PLACE OF BEGINNING.
1
BEARINGS ARE BASED ON THOSE SHOWN OR PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.RBILT BEACH ESTATES AS RECORDED IN
PLAT BOOK 3, PAGE 8 AND 9 OF THE PU
�i
THE ABOVE R'S VAND BIL PARCEL BEACH ESTATES OF A PARCEL MARKED 'NOT INCLUDED IN THIS HALF OF
AS tor XII,
RECORDED INK PLAT UNIT
NO. 1 CONNER'S VANDERBI
BOOK 3, PAGES 8 AND 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA,
A STRIP OR PARCEL OF LAND ON THE SD OAS OF OLLOWS GULF OF MEXICO, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST,..
WHICH IS MORE PARTICULARLY DESCRIBED
THE QUARTER SAID SECTION T ON FOR 68.5 FEET EAST THENCE RUN NORTHWESTERLY AT AN ANGLE
A OF 79 ROADR �TOIBEDST NW I T H
THE ESET LINE IN S O 7EC 1
COLD SECTION LINE FOR 7,234.5 FEET, ALONG THE CENTERLINE H OF THE RIGHT-OF-WAY RIGHT AND RUN NORTHWESTERLY . ' i
ALONG THE BY DEED RECORDED IN D0EFBOOK IDE PAGE 121) DEFLECT FEET,AND THE PLACE OF BEGINNING;
ALONG THE WESTERLY N8'24'30'W moo FEET) THENCE S81'35'30'11
281 FE CONTINUING
OR ALONG THE THE APPROXIMATEEMEAN HIGH ROAD (1.5ANNO V.D.NCOND CONTOUR AS OBSERVED
AS ED AT JANUARY
281 FEET MORE OR LESS TO
21, 19831 THENCE SOUTHERLY ALONG THE APPROXIMATE MEAN HIGH WATERLINE W
JANUARY 21, 1983, 100 MORE MORE LESS TO A
PLACE OF
BEGINNINGI'35'30'W FROM THE PLACE OF BEGINNING( THENCE
N81•35'30'E 278 FEET
ARE BASED ON THOSE SHOWN ON UNIT
COQIERC�NER' VANDEABILT BEACH ESTATES AS RECORDED IN
PLAT BLOCK 3, PAGES 8 AND 9 OF THE PUBLIC RECORDS
THE PARCEL ME DESCRIBED PARCEL IS ATHS PLAT'AS RECORDED PLATUBOOK 3,I PAGES 8RAND VANDERBIL T BEACH
THE PUBLIC ESTATES
RECORDS OF O A i
PARCEL MARKED 'NOT INCLUDED Ij
COLLIER COUNTY, FLORIDA. q
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