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Agenda 04/24/2012 Item #17C4/24/2012 Item 17.C. EXECUTIVE SUMMARY VA- PL2010 -2285, Lot 80 Plantation Island, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. nR_TF(`TTVF To have the Board of Zoning and Appeals (BZA) review staff's findings and recommendation of approval along with the Collier County Planning Commission's (CCPC) recommendation of approval regarding the above referenced variance petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The applicant is requesting a Variance to permit the construction of an approximately 1,800 square -foot, stilt mobile home. Approximately 3,000 square feet of mangroves exist along the western boundary of the site. In order to erect the prefabricated structure on the site, as depicted in the Plan entitled, "Beattie Residence, Landscape /Clearing Plan" dated October 27, 2011, approximately 1,497 square feet of these mangroves along with predevelopment vegetation totaling 2,056 square feet would need to be removed from the western portion of the property. The subject property is located in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area, and is also subject to LDC Section 4.02.14, Design Standards for Development in the ST and ACSC -ST Districts, and specifically Subsection 4.02.14.C.4, which precludes the destruction or alteration of mangrove trees and salt marsh grasses. However, as noted in LDC Subsection 9.04.02.B.1, an agreement reached in 2005 between the Board of County Commissioners (BCC) and the Department of Community Affairs authorized the use of a Variance process to deviate from this requirement "for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation... within Units One, Two and Three of the Plantation Island Subdivision..." Because the subject property is located within Unit Three of the Plantation Island Subdivision, it is eligible for such a Variance request. There has been one other Variance granted within the neighborhood on Lot 77 Otter Avenue to impact 139.4 square feet of mangroves. FISCAL IMPACT: The Variance request by and of itself will have no fiscal impact on Collier County. Page 1 of 3 VA- PL2010 -2285, LOT 80 PLANTATION ISLAND April 9, 2012 Packet Page -1304- 4/24/2012 Item 17.C. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is located in Plantation Island, which is designated as Urban, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. As residential uses are an authorized use in this land use designation, the proposed mobile home use on the site is consistent with the Subdistrict and, therefore, deemed to be consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition VA- PL2010 -2285 on March 1, 2012, and by a vote of 9 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval. Because the CCPC recommendation for approval was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: The Petitioner is requesting a Variance to allow the construction of a home within the Plantation Island Subdivision, Unit Three. The granting of such a Variance is permitted specifically under LDC §9.04.02.B. I. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04.02.A. requires that "based upon the evidence given in public hearing, and the findings of the Planning Commission" you "should determine to the maximum extent possible if the granting of the Variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare." Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. In granting any Variance, the Board of Zoning Appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with the zoning. code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Page 2 of 3 VA- PL2010 -2285, LOT 80 PLANTATION ISLAND April 9, 2012 Packet Page -1305- 4/24/2012 Item 17.C. Criteria for Variances 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are special conditions and circumstances which do not result from the action of the applicant, such as pre- existing conditions relative to the property which is the subject of the Variance request. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will be the minimum Variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is necessary for Board approval. - STW RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve the variance request for VA- PL2010 -2285 to allow removal of approximately 1,497 square feet of these mangroves along with predevelopment vegetation totaling 2,056 square feet. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning & Land Development Review Attachments: 1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 5) Application Page 3 of 3 VA- PL2010 -2285, LOT 80 PLANTATION ISLAND April 9, 2012 Packet Page -1306- 4/24/2012 Item 17.C. COLLIER COUNTY Board of County Commissioners Item Number: 17.C. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. VA- PL2010 -2285, Lot 80, Plantation Island, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. Meeting Date: 4/24/2012 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 3/28/2012 8:45:14 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/29/2012 10:33:09 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/30/2012 9:08:33 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 3/30/2012 10:12:53 AM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 4/11/2012 9:20:37 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/11/2012 12:48:04 PM Packet Page -1307- Name: KlatzkowJeff Title: County Attorney Date: 4/12/2012 9:13:41 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/13/2012 11:57:56 AM Name: OchsLeo Title: County Manager Date: 4/14/2012 2:21:07 PM Packet Page -1308- 4/24/2012 Item 17.C. 4/24/2012 Item 17.C. AGENDA ITEM 8 -C Co er CoH.nty STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: MARCH 1, 2012 SUBJECT: VA- PL2010 -2285, LOT 80 PLANTATION ISLAND PROPERTY OWNER/AGENT: Owner: Mr. Robert Beattie 9140 Carribean Boulevard Miami, FL 33157 Agent: Richard L. Wu 2190 Kerry Forest Parkway D4 -164 Tallahassee, FL 32309 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9.04.02.B.1, Variances for Site Alterations within the Plantation Island... Subdivision, to allow up to 2,500 square feet of site alteration/clearing in a mangrove and predevelopment vegetation area to permit a principal structure in the Mobile Home (MH) Zoning District. GEOGRAPHIC LOCATION: The subject 0.16± acre site is located on Lot 80, Plantation Island, east of Everglades City, at the southwest corner of Plantation Drive and Hawk Lane, in Section 24, Township 53 South, Range 29 East, Collier County, Florida. (See the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Variance to permit the construction of an approximately 1,800 square -foot, stilt mobile home. Approximately 3,000 square feet of mangroves exist along the western boundary of the site. In order to erect the prefabricated structure on the site, as depicted in the Plan entitled, "Beattie Residence, Landscape /Clearing Plan" dated October 27, 2011, VA- PL2010 -2285, LOT 80 PLANTATION ISLAND Packet Page -1309- 4/24/2012 Item W.C. ■ N�NNN���NN /� - � �36 M IOM / 7 if MW 8 6 u i 6Z 'ifS D • m 0 O � � D OQ U p 0n� C�. m OlS p U d a 0 oa 0 O Do A yk J' M z 196 LS6 'N'S v 5L -1 c?l uz Q c� z z O N INil i LO co N O O N J a z 0 w 0. \� MENN�NNN� .IIIIIIIIIN© NIIIIIII►� ©r ,� : .111 fill � �Ni�r �►NIIMI� ►� ��r� 1111111► %�' �36 M IOM / 7 if MW 8 6 u i 6Z 'ifS D • m 0 O � � D OQ U p 0n� C�. m OlS p U d a 0 oa 0 O Do A yk J' M z 196 LS6 'N'S v 5L -1 c?l uz Q c� z z O N INil i LO co N O O N J a z 0 w 0. 4/24/2012 Item 17.C. � § | «■ $ % ; { ;! [&- § || || §a| | Ld - ! _ FFF � § §� |, z | 7ULn § § || . ; ■ -■- | LU § d 2� � § 2 x � ] \/� §. �{\ (// �4■ - -- c -� §/| . »2t ° }$ \ \ E\ | . - � ( . 6� � qEa -- ; • \ k k\ \ \E @ - � I i � � ! � � \ � 2 � � � § | «■ $ % ; { ;! [&- § || || §a| | - ! 4/24/2012 Item 17.C. approximately 1,497 square feet of these mangroves along with predevelopment vegetation totaling 2,056 square feet would need to be removed from the western portion of the property. The subject property is located in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area, and is also subject to LDC Section 4.02.14, Design Standards for Development in the ST and ACSC -ST Districts, and specifically Subsection 4.02.14.C.4, which precludes the destruction or alteration of mangrove trees and salt marsh grasses. However, as noted in LDC Subsection 9.04.02.B.1, an agreement reached in 2005 between the Board of County Commissioners (BCC) and the Department of Community Affairs authorized the use of a Variance process to deviate from this requirement "for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation... within Units One, Two and Three of the Plantation Island Subdivision..." Because the subject property is located within Unit Three of the Plantation Island Subdivision, it is eligible for such a Variance request. There has been one other variance granted within the neighborhood on Lot 77 Otter Avenue to impact 139.4 square feet of mangroves. SURROUNDING LAND USE & ZONING: North: undeveloped with a Mobile Home (MH)zoning designation in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area East: undeveloped with a Mobile Home (MH)zoning designation in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area South: undeveloped with a Mobile Home (MH)zoning designation in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area West: undeveloped with a Mobile Home (MH)zoning designation in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area VA- PL2010 -2285, LOT 80 PLANTATION ISLAND 1 -30 -12 D.— A ..E o Packet Page -1312- 4/24/2012 Item 17.C. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): As noted, the subject property is located in Plantation Island, which is designated as Urban, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. As residential uses are an authorized use in this land use designation, the proposed mobile home use on the site is consistent with the Subdistrict and, therefore, deemed to be consistent with the GMP. ANALYSIS: Section 9.04.03 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as general guidelines to assist in making their recommendation of approval or denial. Staff has analyzed this petition relative to these provisions and offers the following responses: VA- PL2010 -2285, LOT 80 PLANTATION ISLAND 1 -30 -12 P.- r Packet Page -1313- 4/24/2012 Item 17.C. a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The subject property is located in a platted mobile home subdivision in Plantation Island, which is an area characterized by mangrove forests. As previously noted, the proposed mobile home is a prefabricated structure, and as such, cannot have its 60 x 30- foot dimensions simply altered as a non - prefabricated home could. Consequently, the applicant is restricted by both the dimensions of his lot and the dimensions of his mobile home unit. Therefore, the applicant is requesting that a portion of the site containing mangroves and other predevelopment vegetation be altered. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre - existing conditions relative to the property, which are the subject of the Variance request? Yes. Although a plat has never been recorded, according to a Property Appraiser's records, the parcels in the neighborhood were created in 1970. Nevertheless, the creation of the subject parcel, and its purchase by the applicant in 2000, predate the adoption of the County's Area of Critical State Concern (ACSC) and Special Treatment (ST) area design standards, which prevent the applicant from removing the 2,056 square -feet of mangrove trees and other predevelopment vegetation necessary to accommodate his mobile home on the site. Therefore, the conditions requiring this Variance request are pre - existing. C. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. A literal interpretation of the applicable LDC provisions would create practical difficulty for the applicant by preventing the location of his mobile home on the property. Moreover, no other dwelling type is allowed in the MH Zoning District. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Variance requested would be the minimum to make possible the reasonable use of the mobile home. As previously noted, the proposed location of the structure was carefully planned in order to minimize its impact on the mangroves while still maintaining the necessary front, side and rear yard setbacks that would afford sufficient area for the site's septic system. Furthermore, Subsection 9.04.02.B.1 potentially allows site alterations up to 2,500 square feet, and the applicant is requesting to impact 2,056 square feet of mangrove area, which is within the 2,500 square foot limit. It is staffs opinion that the Variance, if granted, would not adversely impact the standards of health, safety and welfare. VA- PL2D10 -2285, LOT 80 PLANTATION ISLAND 1 -30 -12 Packet Page -1314- 4/24/2012 Item 17.C. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. A Variance by definition confers some relief from the zoning regulations specific to a site. However, Subsection 9.04.02.B.1 entitles property owners to request a Variance from the requirement of Subsection 4.02.14.C.4 for site alterations up to 2,500 square feet within Units One, Two and Three of the Plantation Island Subdivision. As such, other properties in the vicinity facing a similar hardship would be conferred the same consideration. Furthermore, approval of the Variances would enable the applicant to place a mobile home on his property, which is a privilege that many property owners in the neighborhood enjoy. L Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variance would allow the applicant to remove 1497 square feet of mangroves and other predevelopment vegetation totaling 2,056 square feet in order to locate a mobile home on his property in a manner that is harmonious with the purpose and intent of the LDC. Doing so would not be injurious to the neighborhood or detrimental to the public welfare due to the fact that extensive mangrove clearing has already occurred throughout the neighborhood, prior to the adoption of the LDC language prohibiting it without a Variance. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes, Staff conducted a site visit and observed that half of the site had prohibited Brazilian Pepper vegetation present. Staff also observed that the site previously had been filled, likely from the fill that was dredged from the canal during its construction. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this Variance petition would not affect or change the requirements of the Growth Management Plan. As previously noted, the proposed use is permitted within the land use designation of the GMP in which it is located. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions. Since the subject variance doesn't impact any preserve area, the EAC did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA- PL2010 -2285, Lot 80 Plantation Island, revised February 1, 2012. \IA PH nn.n nn— 1 ^1 On PH HAITI I �Ll 1G 1 A\Rl Packet Page -1315- 4/24/2012 Item W.C. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- PL2010 -2285, Lot 80 Plantation Island to the Board of Zoning Appeals (BZA) with a recommendation of approval to permit dredging and filling of up to 2,056 square feet of mangroves and predevelopment vegetation, as depicted on the Conceptual Site Plan attached to the Resolution as Exhibit A. VA- PL2010 -2285, LOT 80 PLANTATION ISLAND 1 -30 -12 [Dona R of 0 Packet Page -1316- Mau)( aw� NANCY G WAIEMENT H, AICP, PRINCIPAL PLANNER GROWTH DIVISION REVIEWED BY: /�� K /1// ' RA OND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION -VILLIAM D. LREN Jr., P.E., DIRECTOR GROWTH MANAGEM NT DIVISION APPROVED BY: NICK CASALANGUIDA, DEPUTYADMlNISTRATOR GROWTH MANAGEMENT DIVISI Attachments: A. LDC Section 9.04.02 B.1. B. Resolution 4/24/2012 Item 17.C. DATE 1 -30.12 DATE I - 3 1,- Z.0 t DATE -j7 -)l DATE Tentatively scheduled for the April 24, 2012 Board of County Commissioners Meeting VA- PL2010 -2285, LOT 80 PLANTATION ISLAND 1 -30 -12 0— o ..c o Packet Page -1317- 4/24/2012 Item W.C. A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off -street parking facilities; and for site alterations, regardless of predevelopment vegetation, on lots within the Plantation Island Unit One, Plantation Island Unit Two and Plantation Island Unit Three Subdivision (unrecorded.) A. B. Variances for signs. The variance procedure for signs is provided in section 5.06.00, the Collier County Sign Code. Variances for site alterations, regardless of predevelopment vegetation, on lots, within the Plantation Island Unit One, Unit Two and Unit Three subdivisions (unrecorded). 1. Pursuant to the A§ 380.032(3) Agreement between the Board of County Commissioners and the Department of Community Affairs dated April 26, 2005, regarding Plantation Island Subdivision within the Big Cypress Area of Critical State Concern, a variance from the requirement of subsection 4.02.14 CA. of the Land Development Code shall be authorized for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation, on a group of adjacent lots under common ownership, including on a single lot if only one lot is owned, within Units One, Two and Three of the Plantation Island Subdivision (unrecorded) located in Section 29, Township 53 South, Range 29 East, in Collier County, Florida utilizing the procedure as set forth in section 9.04.03 of the Land Development Code and where the proposed development is designed consistent with Big Cypress Critical Area regulations to have a minimum adverse impact on the critical area's water storage capacity, surface water and estuarine fisheries as authorized by Rule 28- 25.011, Florida Administrative Code Attachment A Packet Page -1318- 3WOS al, / 7 Ow AL � g � 4 � � 6L 'if5 a rc � b z n ° � p v Vi a0 v z 0 a � 0 f oQ� 0 0 d z ¢ L3 d O o.::4 Po O O b0 Jy g L96 'a'S $3 SL -1 ef�M,Alp 4 13 z z 0 N I7 LI II u�, tn N N 0 s N J a z 0 w o. mile Irom,,. -.� 11111111111►' . o 11111 3WOS al, / 7 Ow AL � g � 4 � � 6L 'if5 a rc � b z n ° � p v Vi a0 v z 0 a � 0 f oQ� 0 0 d z ¢ L3 d O o.::4 Po O O b0 Jy g L96 'a'S $3 SL -1 ef�M,Alp 4 13 z z 0 N I7 LI II u�, tn N N 0 s N J a z 0 w o. - >so AN mo. riz I N!tl� r� m,� n f ^`o � vym rn o^ A `C x ®' m R on Z en vM N M m r. r ySs 1 re R• ED ° M 0 m om: - Ll x riz I N!tl� r� m,� n f ^`o � vym rn o^ A `C x ®' m R on Z en vM N M m r. 4/24/2012 Item 17.C. rr E34 A � � r ySs 1 =6 0M, ED M 0 m om: - Ll x 4/24/2012 Item 17.C. rr E34 A � � Packet Page - ED M 0 m - Packet Page - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285 GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the LDC, pursuant to subsection 9.04.02.13.1 thereof, to allow dredging and filling of, and related impacts to, 1497 square feet of mangroves, on a single lot within Unit Three of the Plantation Island Subdivision (unrecorded), utilizing the procedure set forth in Section 9.04.03 of the LDC; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number VA- PL2010 -2285 filed on behalf of Robert Beattie by Richard L. Wu with respect to the property hereinafter described as: Lot 80, Plantation Island, all waterfront mobile home sites Unit 3 (Unrecorded Plat) per Official Record Book 2685, Page 765 of the public records of Collier County, Florida, lying in and being part of Section 24, Township 53 South, Range 29 East, (the "Property "); Plantation Island / VA- PL2010 -2285 Rev. 4/09/12 Page 1 of 2 Packet Page -1321- 4/24/2012 Item 17. be and the same hereby is approved. for a variance from LDC subsection 4.02.14.C.4 to allow dredging and filling of 2056 square feet of mangroves as shown on the attached Exhibit A wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- PL2010 -2285 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote; this day of .2012. ATTEST: DWIGHT E. BROCK, CLERK BY: , Deputy Cleric Approved as to form and legal sufficiency: Steven T. Williams 6�? i e' Assistant County Attorney Attachment: Exhibit A - Site Plan C.1".i 1 -CPS -011.20'.23 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Plantation Island / VA- PL2010 -2285 Rev. 4/09/12 Paae 2 of 2 Packet Page -1322- FRED W. COYLE, Chairman AW 4/24/2012 Item 17.C. H s Fro 911 L 2 V W ` = yR rc+ .c 3 M W F¢ uU�N ww1 *�H �1 iiY Q 9 ' a ! i W _ N d 4 a y � ' ¢ � = I �,� vggt i ti Packet Page -1323- K X d e. 3 3 .. f f X 'WU RICHARD LEE WU REGISTERED ARCHITECT- FLORIDA CERTIFICATE #AR0012785 2910 KERRY FOREST PKWY. D4 -164 - TALLAHASSEE, FL 32309 (239) 216 -6943 September 12, 2011 Department of Land Development Services COLLIER COUNTY 2500 North Horseshoe Drive Naples, FL 34104 Attn.: Mr. Mike Levy Re: Proposed Modular Residence — Variance Petition Lot 80 Plantation Island, Collier County, Florida Dear Sir: 4/24/2012 Item 17.C. VA- PL2010 -2285 REv:l LOT SO PLANTATION ISLAND DATE: 9/26/11 DUE: 10/10/11 I, Richard Lee Wu, as Agent and Architect for the property owner Robert Beattie, am submitting a Variance Petition for the subject project. We are asking Collier County to grant a variance for site alterations to remove mangrove vegetation, clear and fill for building pad and septic system per Section 9.04.02 of the Land development Code. This authorized variance for site alterations of up to 2,500 square feet in the Plantation Island Subdivision has been reviewed by the State of Florida, Department of Community Affairs, Big Cypress Area of Critical State Concern and their office has no objection to this variance. Attached is the Petition along with the Checklist items and documents. Sincerely, RICHARD LEE WU, ARCHITECT Richard Lee Wu, AR0012785 cc: Mr. Robert Beattie Attach. Packet Page -1324- 4/24/2012 Item 17.C. Coo er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net VA- PL2010 -2285 REV:1 PROJECT NUMBER LOT 80 PLANTATION ISLAND PROJECT NAME DATE: 9126/11 DATE PROCESSED DUE: 10/10/11 '4:APPLICA'flT /AGENT INFORMATION ' NAME OF APPLICANT(S) ROBERT BEATTIE ADDRESS 9140 CARRIBEAN BOULEVARD, MIAMI, FL 33157 TELEPHONE # 305- 255 -6268 CELL # 305 - 898 -2212 E -MAIL ADDRESS: mbmgt @bellSOuth.net NAME OF AGENT RICHARD L. WU ADDRESS 2190 KERRY FOREST PKWY D4 -164 FAX # 305 -255 -6932 TELEPHONE # 850 -894 -3887 CELL # 29-216 -6943 FAX # 850- 893 -7011 E -MAIL ADDRESS, riwuac304 @earthlink.net PROPERTY ` DESCRIPTION Legal Description of Subject Property: LOT 80, PLANTATION ISLAND ALL WATERFRONT MOBILE HOMES SITES UNIT 3 (UNRECORDED PLAT) Section /Township /Range 24 // 53S i1 29E property I.D. #: 01214920852 Subdivision: PLANTATION ISLAND Unit 3 Lot: 80 Block: Metes & Bounds Description: Acreage: 0.177 AC Address of Subject Property (If different from Petitioner's address): 80 HAWK LANE BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Packet Page -1325- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/24/2012 Item 17.C. CO eY C .Mnty 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.calliergov.net ASSOC,Il TIONS , Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.collieraov.net/index.aspx?paae=774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY CITY CITY CITY STATE ZIP STATE ZIP STATE ZIP STATE ZIP CITY STATE ZIP ADJACENT ZONINGAND LAND USE Minimum Yard Requirements for Subiect Property: Front: 251sT Corner Lot: Yes ® No r) Side: 7.5 FT Waterfront Lot: Yes n No ❑ Rear: 10 FT BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. 8/30/2010 Packet Page -1326- Zoning Land Use N MH VACANT S MH VACANT E MH VACANT W MH VACANT Minimum Yard Requirements for Subiect Property: Front: 251sT Corner Lot: Yes ® No r) Side: 7.5 FT Waterfront Lot: Yes n No ❑ Rear: 10 FT BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. 8/30/2010 Packet Page -1326- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/24/2012 Item 17.C. Co ber County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net E`OF PETITION .NATUR Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property, when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment come to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1 -8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. PROPERTY IS BELOW FLOOD ELEVATION AND HAS A PARTIAL MANGROVE COVER. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. SEE ITEM 1 ABOVE. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. YES, IT WOULD MAKE THE PROPERTY UNBUILDABLE. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. YES S. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. NO 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. YES Packet Page -1327- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/24/2012 Item 17.C. (:;o er county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. NO 8. Will granting the variance be consistent with the growth management plan? YES 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes FN� No If so, please provide copies. PUBLIC PARTIOIPATION:REQU R1+MENTS NEIGHBORHOOD INFORMATION MEETING LDC Section 10.03.05 F.3. "Any applicant requesting variance approval or parking exemption approval must provide documentation to the Zoning Services indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted at initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. 8/30/2( Packet Page -1328- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 4/24/2012 Item 17.C. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net VARIANCE1'ETITION (VA) APPLICATION .:.' SUBMITTAL CHECKLIST � THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. " REQUIREMENTS " # OF `COPIES REQUIRED '. �.: ' NOT.; , REQUIRED Completed Application (download from website for current form) X Completed Addressing Checklist, Signed by Addressing Department 1 X Conceptual Site Plan 24" x 36" and one 8 1/2 " x 1 1" copy ❑ • ❑ Survey of property showing the encroachment (measured in feet) 2 ❑ Owner/Agent Affidavit signed & notarized 1 Deeds Le al's 3 • ❑ Location map 1 • ❑ Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 Q ❑ Electronic copy of all documents and plans (CDROM or Diskette) 2 ❑ Historical Survey or waiver request 1 A Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 ❑ Within 30 days after receipt of the first review comment letter provide Property Owner Advisory Letter and Certification 1 X Project Narrative X FEES: ❑ Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: N $2,000.00 Residential ❑ $5,000.00 Non - Residential ❑ $2,000.00 Sign Variance ❑■ $100.00 Fire Review ❑ After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee 0 $925.00 Estimated Legal Advertising Fee - CCPC Meeting Q $500.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2,500.00 EIS Review ❑ $1,000.00 Listed Species Survey (If EIS is not required) OTHER REQUIREMENTS: El 710"er Signature Packet Page -1329- 4/24/2012 Item 17.C. VARIANCE PETITION - (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COYER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMIMALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Completed Application (download from website for current form) Completed Addressing Checklist, Signed by Addressing Department I Conceptual Site Plan 24" x 36" and one 8 t/2 " x 11" copy Survey of property showing the encroachment (measured in feet) 2 Owner Agent Affidavit signed & notarized (Planner, CAO) 2 Deeds /Legal's 3 Location map i Aerial photographs (taken within the previous 12 months min. scaled 1 " =200') showing FLUCCS Codes, Legend, and project boundary 5 Electronic copy of all documents and plans (CDROM or Diskette) Historical Survey or waiver request tI Environmental Impact Statement (EIS) and digital / electronic copy of EIS or exemption justificatiori_ 3 Electronic copy of EIS (copy for Planner and Environmental) 2 Within 30 dcXs after receipt of the first review comment letter. provide Property Owner Advisory Letter and Certification 1 Project Narrative ED LJ bend copy of review package To Kpon singer, nannng crcrecror, urn or ,.aPMb 295 Riverside Circle, Naples, FL 34102 FEES; ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees• ❑i $2000.00 Residential ❑ $5000.00 Non - Residential ❑ After- The -Fact Zoning /Land Use Petithm 2x the normal petition fee $100.00 Fire Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (over- or under- payment will be reconciled upon receipt of invoice from Naples Dally News). ❑ 2500 -00 EIS Review ❑ $1,000 Listed Species Survey (if EIS is not required) OTHER REQUIREMENTS: Packet Page -1330- 4/24/2012 Item 17.C. WU RICHARD LEE WU REGISTERED ARCHITECT - FLORIDA CERTIFICATE #AR0012785 2910 KERRY FOREST PKWY. D4 -164 - TALLAHASSEE, FL 32309 (239) 216 -6943 NARRATIVE Re: Proposed Modular Residence — Variance Petition Lot 80 Plantation Island, Collier County, Florida I, Richard Lee Wu, as Agent and Architect for the property owner Robert Beattie, am submitting a Variance Petition for the subject project. We are asking Collier County to grant a variance for site alterations to remove mangrove vegetation, clear and fill for building pad and septic system per Section 9.04.02 of the Land development Code. This authorized variance for site alterations of up to 2,500 square feet in the Plantation Island Subdivision has been reviewed by the State of Florida, Department of Community Affairs, Big Cypress Area of Critical State Concern and their office has no objection to this variance. Upon County approval, the owner will submit for a modular, single - family building permit to build a residence for his personal recreational and retirement use. Thank you for your consideration in this matter. Packet Page -1331- COLLIER COUNT( 3OVERNMENT GROWTH MANA( E MENT DIVISION/ PLANNING AND I XGULATION C ICT County 4/24/2012 Item 17.C. 2840 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net VARIANCE PETITION PRE.) &PLICATION MEETING NOTES & SUBMITTAL CHECKLIST ❑ Dimensional Dom; • °_ Time: ��" Ili Assigned Planner. 1 j/ Project Name: rj 7", \ 10 ,i /7 I Project Addr /Locati Applicant Name- Firm: V 4 Current Zoning:_ Owner Name:: Owner Address:_, Phone: Meeting Attendees: (attach Sign In Sheet) NOTES: vd j N-, 31fi _�8 Packet Page -1332- 4/24/2012 Item 17.C. VARIANCE PETITION - (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. ❑ Send copy of review package to Robin Singer, Planning Director, City of Naples 295 Riverside Circle, Naples, FL 34102 FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: ® $2000.00 Residential ❑ $5000.00 Non - Residential ❑ After - The -Fact Zoning /land Use Petitions 2x the normal petition fee ® $100.00 Fire Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ 2500.00 EIS Review $1,000 Listed Species Survey (if EIS is not required) OTHER REQUIREMENTS. E-1 El Packet Page -1333- REQUIREMENTS COPIES REQUIRED REQUIRED Completed Application (download from website for current form) Completed Addressing Checklist, Signed by Addressing Department 1 Conceptual Site Plan 24" x 36" and one 8 1/2 " x 1 I" copy Survey of property showing the encroachment (measured in feet) 2 Owner /Agent Affidavit signed & notarized (Planner, CAO) 2 Deeds /Legal's 3 Location map Aerial photographs (taken within the previous 12 months min. scaled 1"=200'), showing FLUCCS Codes, Legend, and project boundary 5 i Electronic copy of all documents and plans (CDROM or Diskette) _ Historical Survey or waiver request 1 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 Electronic copy of EIS (oopy for Planner and Environmental) Z Within 30 days after receipt of the first review comment letter. provide Property Owner Advisory Letter and Certification 1 /\ Project Narrative ❑ Send copy of review package to Robin Singer, Planning Director, City of Naples 295 Riverside Circle, Naples, FL 34102 FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: ® $2000.00 Residential ❑ $5000.00 Non - Residential ❑ After - The -Fact Zoning /land Use Petitions 2x the normal petition fee ® $100.00 Fire Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ 2500.00 EIS Review $1,000 Listed Species Survey (if EIS is not required) OTHER REQUIREMENTS. E-1 El Packet Page -1333- COLLIER COUNT' GOVERNMENT GROWTH MANAG E *=-NT DIVISION/ PLANNING AND F 3ULATION 4/24/2012 Item 17.C. GO er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieEgov.net PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. `Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient" Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. Packet Page -1334- C. 11 LL LU :1- CL C C 0 0 E CL to :E Lb 11 L C� LM z CO) z CY) 5 2 O a) E 0 C:) L . i- LU —j E a z LU n Z z cl Ann LU (D (D 0 0 T I I t� CY) 5 2 O a) E 0 C:) L . i- cl Ann %t T I I t� LU co LU 6- [\j z 0 ix. ej C-6 tj ul Iz 0 IN > C) z �'j �j D o 7, CY) 5 2 O a) E 0 C:) L . i- COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE Dl 4I24I201 Z Item 7.C. GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6724 WW W.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and tax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting please allow 3 days for processing. Not all items will apply to every project . Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months:.-will require additional review and approval by the Addressing Department PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) • BL (Blasting Permit) If ❑ SDP (Site Development Plan)• • BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Pemtit ❑ SDPI (insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) 9 VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject roperty or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 6a I Z1L4R0-o '850- STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of projectlsite in relation to nearest public road right- of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES {if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing prolectstsites only) SDP or AR # Packet Page -1336- VA- PL2010 -2285 REV:1 LOT 80 PLANTATION ISLAND DATE: 9/26/11 DUE: 10 /10 /11 COLLIER COUNTY GOVERNMENT 29N NORTH HoRSEsHOI 4/24/2012 Item 17.C. GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application: indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back Personalty Picked Up APPLICANT NAME: L. Wv PHONE FAX �4'W% Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) 0!n 1 c 14q ZM`B -5 ?� Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -1337- a °j a U e .-d L _0 I� c• X 0. h QS .y ss, :3 E Q tb G .G v a G O U N N al V L O U ri. II. t0 N 'O O a d N a v CL E `O a N d n d N A) C f0 f0 O C C O W O c l0 O n a C IC d m YJ O c0 t O N E a m c m� o O pj o ' c 'w E t N � d N N A � CL° a Q a� a 0 CL T C 0 O U d 0 U N L_ N N M n CL T Y N 0 a Z, c O .o U v 0 0 N O ►:' 0 N O N M .41 N N O N CD w R $a Uzi all a R s (M /21 ,00 3NV1 NMVH •103 M ,of ,LZ .Zo s z-,° C) CV C4 ao Fir oV m n zViC\1 s a O �. � ui 0 C7 0 m o o: 3 @ �j zHww� V n e \�, N ' E--4u2 F0 zap U cV N @ 11 ol zw.00 ZET E N N �WAt(� W I _ ��9v �z Z a o (a) ,00 os 3 �or —ca .ZO N w O N ax x n a W W Z Q •a Al M E O a W O o° ma g Z as W oY@ � �o � a05 Alp U V' m H �R 'Sa �/� ��jfFFc� to U n g n leg .2 bR V1 IMO eso z hall a � H ¢- �a o z r a a ales �e eea�e`•Orc4�u�sc IN 4/24/2012 Item 17.C. AFFIDAVIT Well, being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We /i understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised unfit this application is deemed complete, and at/ required information has been submitted. As property owner Well further authorize RICHARD L. WU to act as our %my representative in any matters regarding this Petition. 'g4.t Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner foregoing i, strument was acknowledged before me this _4_ day of 20c by who is personally known f-oTne ar has produced identification. State of Florida County of Collier 14 jSi re afNotory Public - State of Florida) `' DONNA T. FLOWERS * * MY COMMISSION # DD 939170 EXPIRES: March 10, 2014 �7rE QF Fl du§ °! Bonded Thm BtAgg Notary Services as (Print, Type, or Stamp Commissioned Name of Notary Public) Packet Page -1340- VA- PL2010 -2285 REV:1 LOT 80 PLANTATION ISLAND DATE: 4/26111 DUE: 10/10111 State of FLORIDA Count] of COLLIER i HEREBY CERTIFY THAT this is a true and correct r,apyb fa docum� recorded_in the OFFICIAL hand t'.ECQROS of Cotner Cpunty !V1 DES �OiL end affi jai seal ttti3 Date, 1. WtGN7 E. SR '4" �OF COURTS -ti Folio Number: 0 12 14920R'52 2647143 1R: 2666 PG: 0" 4/24/2012 Item W.C. RECOECB6 a OE41CIAi P.ECu?p$ 41 COLLIIR COOktt, rn 06!12122000 at 01:16.,K uM1v. " ^:? E, 8I FEC 7E9 6.00 WH BIRD ;D 1!1::t;i 4.i1S5 QUIT CLAIM DEED 11 vium lo: Monroc Dixon, Esq, Mine. 6419.1111ird Road Address. Miami. Fiondu 1. , 15.3 '1,11r:.lo:,trutncni Prepared Ilv. None: 'Moll, nc Dixon. P.eq Address. (A 19-111 lid Rmid Wool. Florida 31155 t�t of ' ,"4,' _ .AD, 2000by THIS QUIT- CLAI1t DUD cscutcd 111is ° > dp ru.r.EN, M, MARTIN, un enrcnlurricd wido -. hcrcinaf?cr .ailed the lieci . it' R06ERT FIEATFIE, „h,yK p nst r`I1icc ,ddres c: °1140 Carihbenn ! 1;,:!., Minn,i. b!mida 1015" hcreinuftcr called the second Paris N1'(TNESSET}I: 'That Uu lirst Ictnc. Ihr arn" in mnsulCratien of the sum i S 1;1 of) in hand paid b, file second party. the r&Cipt ,d,en:,!f is hcrch1 ael:nnalnlerd, d:xs IurcM'rrmisC, rcicav: and gwlrlimll unto the. scco ;d party fr•,rever, nil the right, title, vuctest, claim and demand which the said firs) part, has in And to the follo,,ing dcscrihcd lot, piax or parcel of land. sillime, icing and bring in Copier County, State nl'hlnrida, to -wit: I.,,t R0, Unit 3• of the unrecorded Plat of 1'lmtinlian island, being a part of Section 24. Township 51 Soulh, lianec 2') Earl. collirr cowmw. 1:Iomb_ ;ts Iawhcr sho,yn in the records of file propct,v appuliscr under V='Iu' TO IIAVE AND TO liOhll.lhe:omc !occther ,rill, all and .61pular the appurtcwllwcs thereunto ho!onpinp or in aoe,visc ,qq,c aininc. nl all dw csuac. rich!, tide. inanrst, lien, cfpwy and claim „itatsocvcr of the said first parr}•, either in Iaiw or cguily to the only proper usc, boueGt and hehaof of the stud second party fcreyer. IN WITNESS \VI'i ERE.OF, the said iu'l pa:'ty Ims signed and scaled these presents tilt day uad . MW first :those wnticn. Srtitisca J a,,:: dehve'rd ,n the pr -nee ot1 Signai'or I rintrd J;'.. F t i'•- y,- 41j;tlatUR , I n•trd iQxnm SPATE OF FLORIDA COUNTY Of' MIAMI -DADS I nn ui N unc. I II l I N A4 PIANO � Add!..;, :t0 I S. \v , 17 t I fIEREUY CERTIFY. thAl on t!ds dad. hc!i,rc me, an officer du!� ;m1ho-Ind in h',c State :uorc +aid ;u„i iu file Co;mty atares:eid to talc arknn,dalctrtcr!s, pe-s:.r,.d;c app,unicd EILF EN M. NIAR'I1 ' un uni-moln ied N'idoN', lno"11 to me to be the p - 'm desalt d in mid - ho e ,..ulyd Ihr forcini;•e uv!•m n: nl , 1 ackr yl .i4cd ! c nr: Ihr . -n � V>cc cd ,tr. <an:c. 'Lot 1 icli.,! upon !;,c foilnninc ,n of ic!cnt,hC,t,n•• ul me ant.,. ,,soled Pcr—1 01m:u1, 1111 " %r 1." a „!Alen. \Vi0!ess me hppd and e!:i�Tnt sea in the Ctwnn' and S;;:!c L”! nfnresat:l "• na\ n1 ?votar: }? uh!,_r .,6,.t t, S, a, • f ft 1 i Nolar\'Sivna!mc _ t -- ��� Printed Notarc Signature Mown.. wizen F•y�C. 'h.�4 1,!YCokiwsss!ON I CC?`,;giii fXi"vs N� 'Ij F >ixacr�. a 0 Packet Page -1341- h �.J U 1 a N �P N O N (D A � 1 • � iii «an V N ` _ N � Qi Y � d 1 e A 9 gar R R A ITITITI • • 1YMwnd NOIIYIMYL .�. i J ''� F— z RS a J 4 n �wvx 2 S 3W 1My a !f J Lij cv S ��yggg ; z . . : a - - z h �.J U 1 a N �P N O N (D A 4/24/2012 Item 17.C. 26D)) Wednesday, April 4, 2012 u N A P L E S DA I LY NEWS MTV et A&WITI ulr, 0 ueTlc1; e NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County. Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public -hearing on Tuesday April 24, 2012, in the Boardroom, ' 3rd Floor, Administration Building, Collier; County. Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting wilt begin at 9:00 A.M. The title of the proposed resolution is as follows: LOT 80 PLANTATION ISLAND - A RESOLUTION OF THE •BOARD OF ZONING APPEALS OF COWER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285, GRANTING A VARIANCE FROM. SUBSECTION 4,02.14.0.4. • OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY. HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties. are invited to. attend and be heard.: NOTE: -till Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda Item 'to be addressed. individual speakers will be limited to 3 minutes on any item. The selection of an i individual to speak on behalf of an. organization or group is. encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a. minimum of seven days prior to the public hearing. All material used in presentations before .the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need.a record of the proceedin s pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings : is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation iii order to participate in this proceeding, you are entitled, at, no cost to you; to the provision of- certain assistance. Please contact the Collier County Facils 'Management Department, located ,at 3335 Tamiami Trail, East, Suite #101, Bur ding W, Naples, Florida 341 1Z {239)252 -8380; assisted listening devices for the 'hearing: impaired are available in the County rommissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA . FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohh, Deputy Clerk , (SEAL) Aoril4.2012 __ _ -_ _ - - -- - -_ -_ ___No._1-941343 Packet Page -1343-