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HEX Final Decision 2017-36 HEX NO. 2017—36 HEARING EXAMINER DECISION PETITION NO. CCSL-PL20170002036 - Rob Longwell and Pamela Gibson Longwell request a variance from the Coastal Construction Setback Line to allow for the construction of a new single family residence approximately 31 feet 10 inches seaward of the Coastal Construction Setback Line to replace the existing single family residence, located at 10073 Gulf Shore Drive and described as Lot 33, Block A, Re-subdivision of part of Unit No. 1 Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: December 14, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition and testimony at the hearing, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application. The existing variance for this property authorized a protrusion of 50 feet beyond the Coastal Construction Setback Line. This application reduces the seaward protrusion to 31 feet, 10 inches and the proposed structure is in line with contiguous and adjacent structures. DECISION: The Hearing Examiner hereby approves Petition No. CCSL-PL20170002036 filed by Brett D. Moore, P.E. of Humiston & Moore Engineers on behalf of Rob and Pamela Longwell, for a variance from the Coastal Construction Setback Line to allow for the construction of a new single family residence not to exceed 31 feet 10 inches seaward of the Coastal Construction Setback Line to replace the existing single family residence, on property located at 10073 Gulf Shore Drive, Naples, Florida, and further described herein, as shown in the Site Plan attached as Exhibit"A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A— Site Plan LEGAL DESCRIPTION: Lot 33, Block A, a Re-subdivision of part of CONNER'S VANDERBILT BEACH ESTATES, Unit No. 1, according to the map or plat thereof as recorded in Plat Book 3, Page 18, Public Records of Collier County, Florida. [17-ENS-00593/1382942/1]46 1 of 3 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal System and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 3. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Chapter 3, between May 1 — October 31, sea turtle nesting season, without first submitting and obtaining any required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 4. Petitioner shall notify Environmental Planning Staff one week prior to commencing work seaward of the CCSL (Coastal Construction Setback Line), and again contact Staff within one week following completion of work seaward of the CCSL. (239-252-2400) 5. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development Code. 6. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 7. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. Re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Staff,prior to the issuance of a Certificate of Occupancy. 8. Minor revisions to this variance approval (including changes in siting and structures) may be approved, in writing, by the County Manager, or his/her designee. Site specific conditions: 9. Six (6) existing Coconut Palms may remain on the property seaward of the CCSL. No additional Coconut Palms may be planted seaward of the CCSL. 10. All areas seaward of the CCSL, outside of the footprint of approved structures and improvements, shall be left in their natural condition, or landscaped using native coastal dune exclusively. [17-ENS-00593/1382942/1146 2 of 3 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 THE ZONING MAP FOR INFORMATIONAL PURPOSES. 1 2 12-- to -�.O t'0 t A/ t0•1 AL-Ns Date Mar Strain, Hearing Examiner Approed as to form and legality: o ,,_Cil ,4�.,-, eidi F.Ashton-Cicko Managing Assistant County Attorney [17-ENS-00593/1382942/1] 3 of 3 Exhibit "A" � rcn � O3L K1Od7fD Page of CM O j I (d) ,C6'c17l M Z5,10.ZIN (w� �� MZSI T T mT I�� ,92',61.0 IN o Z n or-r-iz o ___io �-1 m 0 1 I co � z' � � I 0 ( r) —_— —(96.am°,OVIANO .172]00011 354-.-3NOz 00011 Q — L/1 c/V - (9e.WW1,0'r1-AWVA7i3 00073 3518-.3.t XVI 000v: g :: f • � � O � o O v1 /' cn � T— _ Z v � o co rn rl ZO °' N n oorc C-5 rT 'U ] . oL � R oa 41 a i � c 0 of r– C7 .co'„ czn - Z _ _ c —_a • l'-8' C7 \- r STORAGE IM h. POOL ABOVE / Z JL]l I r 91 I = COASTAL ;ONSLINECTION CONTROL PAM I p z APPROVED SEPTEMBER 18, 1974 H1 I SEE SURvEYOR'S NOTE/6,AND m 2010 GENERAL PERMIT LINE FLORIDA , AO TVIE9TIVE CODE 62B-34.760 _X II. EFFECTIVE DATE OF APRIL 7,2070 ---• – – – – . _ml u – – STORAGE STORAGE SPACE SPACE i L. 1-- ( .. STORAGE SPACE. 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