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HEX Final Decision 2015-43 HEX NO. 2015 —43 HEARING EXAMINER DECISION PETITION NO. VA-PL20140001970 — Geneva B. Spencer, Trustee of the Geneva B. Spencer Revocable Trust Agreement, requests a variance from Section 3.5 D of Ordinance No. 05-14, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at Lot 12, Block 2, Silver Lakes Phase Two-A subdivision, on the east side of Collier Blvd, approximately one mile south of the Collier Blvd. and U.S. 41 intersection, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. DATE OF HEARING: November 13, 2015 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition,testimony at the hearing of the applicant and the public, 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: The subject of this request is a mobile home that was placed in the current location during the original installation in 1999. There have been no negative consequences found as a result of this installation. The front of the mobile home, including a balcony, encroaches approximately 7.1 feet into the 10-foot front yard setback. The encroachment projects into an existing utility easement and the applicant has obtained letters of no objection from the utility companies using the easement. The applicant provided a letter from their structural engineer indicating that it would be "...structurally impossible to remove approximately 3 feet from the front of this unit without endangering the integrity of the residence." The applicant was able to remove a section of a prior rear lanai addition that protruded into the rear setback, thus avoiding the need for a variance to the rear setback. The applicant also verified that taxes have been paid on the structure since approximately 2000. One letter of objection was received and three members of the public attended the hearing. One member of the public questioned the impact on the neighborhood's restrictive covenants, but did not state an objection to this specific variance request. [1 5-CPS-01417/1217228/1148 1 of2 DECISION: The Hearing Examiner hereby approves Petition No. VA-PL20140001970 filed by Carlo Zampogna, Esq., representing Geneva B. Spencer, Trustee, for a variance from Section 3.5 D of Ordinance No. 05-14, as amended, the Silver Lakes Mixed Use Planned Unit Development (MPUD), to reduce the minimum front yard setback from 10 feet to 2.9 feet for an existing mobile home with a front yard balcony on property located at 1063 Diamond Lake Circle, Naples, Florida, as shown in the Survey Sketch attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A- Survey Sketch LEGAL DESCRIPTION: Lot 12, Block 2, SILVER LAKES PHASE TWO-A, according to the Plat thereof, recorded in Plat Book 24, Page 54, 55, of the Public Records of Collier County, Florida. CONDITIONS: 1. 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. 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 TH ZONING MAP FOR INFORMATIONAL PURPOSES. - 2 3 - 2©1C po,s Date Mark Strain, Hearing Examiner Appro d as to rm and legality: Scott A. Stone Assistant County Attorney [15-CPS-01417/1217228/1]48 2 of Ji ✓w ss. a_ :om-: � � 777 N.W.72nd AVENUE UE 1 2804 DEL PRADO BLVD SOUTH SUITE 3025 SUITE NO.202 UNIT 1 MIAMI,FLORIDA 33126 PH: (305)262-0400 1 CAPE CORAL,FL.33904 '( -H. 17391940-2190 {{ FAX:(305)262-0-: MAP OF BOUNDARY SURVEY 1063 DIAMOND LAKE CIRCLE,NAPLES,FLORIDA 34114 ±24'ASPHALT PVMT _ TRACT R"(N.A"P.) F.N.D. B.O.B. S88°1742"E 2F.N.D. .- NO ID. 60'TOTAL RIGHT-OF-WAY NO ID. 35.00' S88•1742"E >.: FJC (A) (A). sa,. CONC. (A) 6 J. ,z,:),, DRIVEWAY 1 Pi=-a M ±16'PWY F.N.D. '` L.B.#5109 gm (A)6ALCONY , , ' LB#5109 394.94' SEWE- I46' r:,.... A CO'U.E. 5.50' -I I co WD.I Na�y �0 D 5.50' r10' PC. U.E. F.LP.1/2" 24 00- 1— —— NO CAP CABLE '(B) (B) BOX 0 I ——— 2.50' ONE STORY U.E.&D.E. MOBILE i, (C) (B)PAD HOME Y '' #1063 ' O' obi p.1". LOT-11 co h i BLOCK-2 O O BLOCK- U p LOT-13 C ^v. BLOCK-2 METER ° O COUNTER O P r X2.50' 1 U.E.&D.E. -- 2 Tb U.E.&D.E. 5.5 g5', s5 �' 5.49' 2.50' U.E.&D.E. ' i COVERED PLASTIC �' LANAI .... STEP (C) 'D.E i I &ME a) i 'D.E. F.I.R.5/8" 35"1 I F.I.R.`) 5/8 _,._ LB.#3964 S88°1742"E LB.#5109 1 11'TO WATER 4--TOP Of THE BANK t 11'TO — r WATER APPROXIMATE TRACT"CR4"(N.A.P.) EDGE OF WATER SILVER LAKES, PHASE ONE (07105/2015) P8. 20 PG 91 AND 92 ENCROACHMENT NOTES: A.NORTH SIDE OF THE SUBJECT PROPERTY,CONCRETE DRIVEWAY,BALCONY,MOBILE HOME AND BRICK PAVER ARE ENCROACHING INTO THE 10 FOOT UTILITY EASEMENT AND CONCRETE DRIVEWAY AND BRICK PAVER ARE ENCROACHING INTO THE RIGHT OF WAY OF DIAMOND LAKE CIRCLE. B. WEST SIDE OF THE SUBJECT PROPERTY,BRICK PAVE AND AIR CONDITIONER PAD ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT AND CABLE BOX LIES INTO THE SUBJECT PROPERTY. C.EAST SIDE OF THE SUBJECT PROPERTY,BRICK WALK AND PLASTIC STEP ARE ENCROACHING INTO THE 2.50 FOOT UTILITY AND DRAINAGE EASEMENT. D.SOUTH SIDE OF THE SUBJECT PROPERTY,BRICK PAVERS AND CONCRETE SLAB ARE ENCROACHING INTO THE 8 FOOT DRAINAGE AND MAINTENANCE EASEMENT. °"O4 LEGAL DESCRIPTION: DRAWN BY: AHV -..P0V S. 4.4$.... LOT 12,BLOCK 2,SILVER LAKES PHASETWOA,ACCORDING TO THE PLAT C'.G0 ,,,4T•i•• THEREOF,RECORDED IN PLAT BOOK 24,PAGE 54,55,OF THE PUBL/C SCALE: 1"=20' %A` NO.6770 �'; RECORDS OF COLLIER COUNTY,FLORIDA. •'" STATE OF CERTIFICATION: FIELD DATE: 07/06/2015 i ce?; GENEVA B.SPENCER, TRUSTEE . /••• 61"O<0910, y = ZAMPOGNA LAW FIRM SURVEY NO: 15-002658-1 L.B.#7806 SEAL Exhibit"A" SHEET: 2 OF 2