Agenda 10/25/2011 Item #16A14r-.
10f25rz011 Item MAU.
vw YY 0W.; Tq
Rewmmwdatoe that the Beard m Coaaty, Cmmmkroaen (BCG3 amuse the Of cisl
Imhrprelariom whkh food that the eoaverriw ma aide wtry gauge ion a milk room for a mo
KKce yard setback w I,ot 23, Mdikrra Merl up Bep ro id be a Seal e[wkh aMse) athe
trootyard xtback unit mw[t a from entry pngew Prmviddse9ectlw 3.5 ffsbk l) or the
Medlaerra IOUned unit laevtlapmwt (PUD}
OBJECTIVE; To have teas BCC affirm the Official Inmpretafion (1 i 2011 -P 1238) tlmt was
issued on Augtm 2, 2011 m aond above Pwmam m tla f3oand's hrod power n approve staff
actions
CONSmERATIONS: The subject dwelling was permitted! by Collier C unty mW covawcted
in 2007 with a from entry garage the[ is set back 23 feet fiom the from property line. The
approved Plant (arm finished home) also include a media room that is hiceld within 12 feet of
the foes property file. 5ecdw 3.5 (Table I) m the Mediwea POO (Ordinance Nmober: OILi)
provides far 12 -foot from Yard setback her side entry ®urges, and 23 -fool from yam setbacks for
£roes mhY gamgw. The Prospective purchases of this dwelling regnesld an Official
dekrmivaton (m order to gat "clean" We insurance coverage) containing that lire Ibfrmt
ierba:k for the media room complied with the PUD reference to a 23 -foot setback for from spry
Ismailia. Notably, the homes on the North side of the enact (which are based on she same basic
floor plan) reflect a unit 12 -foal lima yard Mosaic and a cordstata encepe.
AS a remelt, the petitioner requested m Official Intwprentm from the County which wmm issued
on August 2, 2011 (Attachment "A"), confirming that the home conforms with The is D from
yard setbacks and that tae 23-Pom setback fm limit may garages ease; to provide enough room
to park a cm in the driveway w dmad blocking the sidnvalk, thereby imeriermg with pedestrian
hmBc. As noted as the attached Official baetpre}arim4 the from entry gamga ot this case is set
back 23- feet from the front property fine as rryuired by the pUD. Basil upon staff's review of
the mercy Of the site, staff was able 10 determine that the media room don't trades a
circumstance where the sidcwatre can be blocked.
As part of the Official Interpretation process, the County provided both edvmtieed notice arm
mated mdce of the interpretation to property ounce; within 300 feet of the home. The appeals
period for the interpretation has lapsed withom obje tioo tom a nearby property owrcr or my,
Other third party. The vomprenvon k acemdingly cmaidered flood and von - appealable mdse
the Land Developmmt Code (LDC). Hoverter, the buyer's attorney has nonetheless oqu sekd
that as )art of their isvuavice of title msurmce to to buyer tat the Official ImerPrentiOn be
affirmed by the BCC.
3BSCAL IMPACT: The BCC's affirmation of the August 2, 2011 Official haerpontion by and
Mitrelfwill base nc fiscal impact on Collier Canty. hi addition, the exisoog dwelling wtl tam
have n be developed which w mt ream[ in errmpse on my Collier Cmuvty public ficflitiw.
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10/25/2011 Item 16.A.14.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This matter has been reviewed by the County Avomey's
Office and is legally Offrcient for Board action. A majority vote is required for approval. STW
RECOMMENDATION: That the Board of County Commission s BCQ affirm the Official
Interpretation (IMP - 2011 -PL -1238) met was issued can August 2, 2011,
PREPARED BY:
Raymond V. Bellows, Zoning Manager
Department of Land Development Services
Attachments: Official Interpretation Letter (INTP- 2011- PL- 1238)
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10/25/2011 Item 16.A.14.
COLLIER COUNTY "
Board of County commissioners
Item Number: 16A.14.
Hem Summary: Recommendation that the Board of County Commissioners (BCC(affirm
the Official Interpretation which found that the conversion of a side entry garage into a media
room for a zero lot line dwelling located on Lot 23, Mediterra Parcel 125 Rapist, to be
consistent with the minimum front yard setback requirement for a front entry garage as
provided in Section 3.5 (Table II of the Mediterra Planned Unit Development (PUD(.
Meeting Date: 10/25/2011
Prepared By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
10113/20114 20 57 PM
Approved By
Name: PailsJudy
Tiller Oprrations Analys4 CDES
Date, 10/1320114:37:53 PM
Name: LoreraWllllam
Title: Director -CDES Engineering Smices,C mp¢henarve
Dare 10113/ 0114:38.551W
Name: Marcellelemme
Title Exewtbe Secroma,Ttan rannaoon Planning
Dam: 10/142011929:18 AM
Name: FederNnrman
Tire. Administrator - Growth Management Dam Trampormati
Date: 10/14/2011 11:14:24AM
Name: WilliamsSteven
Tire'. Assistant Cori Aaorter unvy Attorney
Date. 1011 3:40:33 PM
Name: Klatskowleff
Packet Page -1354-
Title: Counn Albmey,
Dare 10/1420114:48.48 PM
Name: DeaksonMark
Title r Diregor -CoT Financial and MMt Sva.CMO
Dato 10 /172011 8x4921 AM
Tame: OchsLeo
Title'. Court, Manager
Date: 10 /1 7201 9:41:36 AM
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10/252011 Item 16.A.14.
10/25/2011 Item 16.A.14.
CoYlt"er County
Growth Management Division — Planning & Regulation
Department of Land Development Services
August 22011
Mc Jahn M. Petradomo
CheRy Passidom0. BA,
6215 AvenuetsooM
Naples, PL Ml 02
RE: IMP - 2011.1. 11238, argued for an Official Interpretation of Section 3.5 (Table D of the
Maintains Nand Unit Development (fractions Number: 01 -61) to determine whether or not the
conversion of a side entry garage into a media mom for a zero lot line dwelling loomed on tut 23,
Mediators Parce1125 Rental, is consultant with the minimum Lronl yard setback conwrement for a
front entry garage.
Dear Mr. Passidomo:
Purposes to Land Development Code (LDC) Section 10,02 02R, you have asked the Unit Development
Services Director to coder he official interpretation remaining m that the pxrimr of the subject dwelling
shown re a "media room' on the concoction plans approved by Colder County to be deemed consistent
with the required foot yard setback which will allow for the continued use as a media room, and Nat it
will not have to be converted back Into a side entry garage actual a audince is required.
In your application, you comread that the patio and zero lot line dwellings located on the north
side of Lucamo Way were all constructed with fire same 12 foot front Yazd setback for a side
entry garage that also exist on be subject dwelling. You also note that these dwellings were also
constructed to follow a uniform line of homes that form a cohesive streetscape appearance
utilizing a 12 foot front yard setback.
Based upon my review of the Pri docvmeno, it is my opinion that the intent of the development
standards contained in Section 3 5 (Table 1) of the Meditenn PL ID to require a larger front yard
setback for a front entry garage was to be consistent wit to MC provision [hat the distance
from the back of the sidewalk or the garage door must be at least 23 fce[ as allow room be park a
vehicle on the driveway without parking over to sidewalk. This is to ensure that parked vehicles
will not interfere wit pedestrian traffic.
I have also reviewed the building plans and the Certificate of Occupancy which indicate tat the
subject dwelling was intended to include a media room instead of a side entry garage.
Furthermore, this dwelling has existed in its current configuration including the "media roam'
since 2007.
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10/25/2011 Item 16.A.14.
Mr. John M. Passidomo
Ararat 22011
Page 2of2
Accordingly, under my interpretation of development standards contained in Section 35 of the
Machinate PUD, the subject structure is burned to be consistent with the front yard setback
Denouements provided in Table I of the PUD document because the dwelling has been setback
23 feet, 1 inch from the back of the sidewalk W the gamga doer. This is consistent with the Intent
of the LDC W prevent a vehicle parked in the driveway from blocking the sidewalk. As a result,
a variance would not be required for me subject dwelling as normally designed
Pleasant to Division 10.02.02.F. of the LDC thu in4ryremtien heas been sent W you via crtified mail,
raum mcelpt requesvA As this is a ate-speci6c interpretation, all Pmpeny owners within 300 feet of fe
subject Velour will receive civil petite and a copy of this interyrcmtion and appeal time frames will be
placed lame Naples frodybeare Within 30 days of reeepOf this lour, or within 30 days of publication
Of me Public
W me Bpar�W%wrry ownBer m aggrieved or adversely efficient party may appeal the
Zoning Appeals C ZA).
A request fee an appeal must be filed in wining and most state the basis for the appeal and include any
peednent Information, exhibits, or cede honor up Imfotmation In support of me appeal. The appeal must be
ompanled by a $1,000.00 applleamen and processing fu U payment is In hie form of a check, It
Should be made out to me Colder County Boned pf Commisaown; An appeal wan be hand delivered or
mailed to my attention at the address Provided. Please do not because to comfort me should you have any
further questions on this mane.
Maturity,
Raymond V. Bellows, Planning Manager, Zoning Services Section
Department of Land Development Serviwes
Cc Collor County Board of County Commossioners
Ian Ochs, County Manager
Cofer County Planning Commissime
Nick Cesalmgulda, Deputy Administrator, Comm. Development be Bmv. fire Div_
Bill Teem. Director, land Development Services Department
Jeff Matakow, County Murray
Hart Ashton Clara, Assistant County Attorney
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