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HEX Final Decision 2015-29 HEX NO. 2015—29 HEARING EXAMINER DECISION PETITION NO. VA-PL20150000006 —Don and Victoria Strumillo request a variance from Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum accessory structure side yard setback from 25 feet to 2 feet for a renovated pool and pool deck, and a proposed new pool screen enclosure and colonnade, and from 25 feet to 19 feet for a permitted lanai expansion; and a variance from Section 5.04.03 of the Pelican Bay PUD, Ordinance No. 77-18, as amended, to reduce the minimum tract boundary setback line from 25 feet to 2 feet for a renovated pool and pool deck, and a proposed new pool screen enclosure and colonnade, and from 25 feet to 19 feet for a permitted lanai expansion, on property located at Lot 9, Pointe Verde at Pelican Bay, in Section 4, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: July 23, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicants 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: No objections were received for this application. This property is within the Pelican Bay Planned Unit Development (PUD) which includes development standards for all properties within the PUD. While there was sufficient analysis to support these variances, it should be noted that the PUD does also provide for alternative setbacks based on clustering of units and common architectural elements. The staff report included letters and other correspondence supporting this variance request from land owners within the area. DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20150000006, filed by Christopher Kalina of Infinite Renovations, LLC, on behalf of Don and Victoria Strumillo, for the following variances: 1. from Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum accessory structure side yard setback from 25 feet to 2 feet for a renovated pool and pool deck, and a proposed new pool screen enclosure and colonnade; and [15-CPS-01420/1197379/1]39 1 of2 2. from Section 4.02.03 A., Table 4 of the Land Development Code, to reduce the minimum accessory structure side yard setback from 25 feet to 19 feet for a permitted lanai expansion; and 3. from Section 5.04.03 of the Pelican Bay PUD, Ordinance No. 77-18, as amended, to reduce the minimum tract boundary setback line from 25 feet to 2 feet for a renovated pool and pool deck, and a proposed new pool screen enclosure and colonnade; and 4. from Section 5.04.03 of the Pelican Bay PUD, Ordinance No. 77-18, as amended, to reduce the minimum tract boundary setback line from 25 feet to 19 feet for a permitted lanai expansion. These variances are approved as to the property located at 6950 Verde Way, Naples, Florida, as depicted in the Screen Enclosure Exhibit attached as Exhibit"A". ATTACHMENTS: Exhibit A—Screen Enclosure Exhibit LEGAL DESCRIPTION: Lot 9, POINTE VERDE AT PELICAN BAY, as recorded in Plat Book 20, Pages 45 through 46, inclusive, 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 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. - 28 20 l S 1°)6E1 -J Date Mark Strain, Hearing Examiner Apprived ved as to orm and legality: ,`=- Scott - . •ne Assistant County Attorney HS-CPS-01420/1197379/1139 2 of 2 / ,_ / � '/, / ..**"...'*\; •■ .,••,^r•, m I m • N " z z �� v `. i ,• „,,,,_,,,, 4 ,<. ,11*,<> . �` O O `,��- ,li T'Q9C O e 1...-1 s ii 1.4. ilii)), . >0 `?",40 (---... ._si / 111111H11111. s M 0 Z (J) , mZm \� , Z Z O ` C \, A W , D /xi °i Z \ D• I; m p \ z / n \ , O \ / r • TI O / C 71 , c m 4.., IL0g4Y / V. .,.,,,., RV Irt O. MOW ME ! EX1 1::::"I= r. ' STRUMILLO RESIDENCE Oi ~ E PREPARED FOR MR.&MRS.STRUMILLO ""=--......-.7:"....' �''t 6950!SCREEN ENCLOSURE EXHIBIT NAP VERDE WAY w,..TALIn"...= =......... NORTH NAPLES,COLLIER COUNTY,FLORIDA