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Agenda 07/27/2010 Item # 6CAgenda Item No, 6C July 27, 2010 Page 1 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 6C Item Summary: Public petition request by Christopher J. Thornton, Esq. representing the Casa Grande on Vanderbilt Beach Condominium Association Inc. regarding pool renovation and related work. Meeting Date: 7/27/2010 9:00:00 AM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 7115/2010 11:14 AM ��1.1.7�•r i Office of the County Manager Leo E. Ochs, Jr. 3301 East Ts -• • ap ca nwiaa a4nz • (Z39) 252$383 • FAX: (239) 252-0010 July 14, 2010 Christopher J. Thornton, Esq. Becker & Poliakoff, P.A. 999 Vanderbilt Beach Road, Ste. 501 Naples, FL 34108 Agenda Item No. 6C July 27, 2010 Page 2 of 8 Re: Public Petition Request regarding Casa Grande on Vanderbilt Beach Condominium Association, Inc. Dear Mr. Thornton: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of July 27, 2010, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincere) /. Mike Sheffield Assistant to the County Manager MJS:bh cc: Jeffrey Klatzkow, County Attorney Nick Casalanguida, Deputy Administrator Growth Management Request to Speak under Public Petition Please print Agenda Item No. 6C July 27, 2010 Page 3 of 8 Name:Christopher J. Thornton representing Casa Grande on Vanderbilt Beach Condominium Association, Inc. Address. Becker S Poliakoff, P.A. H: \MaryJo \Public PetWon Request Form - 2008 new fo"n.doc Naples, Phone: 23g--gi3:2 32nn 111V 77. 20 — Date of the Board Meeting you wish to speak: Must circle yes or no: Is this subject matter under litigation at this ti Is this subject matter an ongoing Code Enforcement Note: If either answer is "yes ", the Board will discussion regarding the item after it is presented. Please explain in detail the reason you are reauesting e? Yes S I case? Yes IS hear the item but will have no to speak (attach additional page if necessary): See attached letter dated July 14 2010 Please explain in detail the action You are asking the Commission to take (attach additional page if necessary): See attached letter dated July 14 2010 H: \MaryJo \Public PetWon Request Form - 2008 new fo"n.doc BECKER &- POL[AKOFF ADMIMISTRATM OMCE 3111 STIRLING ROAD FORT LAUDERDALE, R 33311 954.967.7550 W AECKER- POUAKOFRCOM 9P®SECKER- POLAXOM..00M July 14, 2010 Six Mile Corporate Pkonda Item No. 6C 12140 Carina Commerce Co1eft buiti4a Fort Myers, Florida 33966 Page 4 of 8 Phone: (239) 433 -7707 Fax: (239) 433 -5933 999 Vanderbilt Beach Road, Suite Sol Naples, Florida 34108 Phone: (239) 552 -3200 Fax: (239) 514 -2146 Reply To: Naples Christopher J. Thornton, Esq. cthernton@becker-poliakoff.com VIA E -MAIL: LEOOCHS @COLLIERGOV.NET AND U.S. MAIL Leo E. Ochs, Jr., County Manager Collier County Manager's Office 3301 E. Tamiami Trail Naples, FL 34112 Casa Grande is a 26 -unit condominium in a 10 -story building at 9653 Gulf Shore Drive. The Association submitted a building permit application, permit number bEWIERSEY 2010- 041906, on April 27, 2010, for pool renovation work on an existing pool PXEW MIRKCM that was constructed in approximately 1983. The work involved in the permit PRA40F includes installation of a retaining wall and renovation and remodeling of the pool FAN. deck, stairs, terrace, ramp, and walkwa y s, and installation of pavers. During permit review, it was discovered by county staff that the original developer of the condominium had failed to satisfy certain conditions of a variance that was issued in 1982. Because these conditions had not been satisfied by the developer, the LEGAL AND BUSINESS STRATEGISTS RE: Casa Grande on Vanderbilt Beach Condominium Association, Inc. Public Petition Request for July 27, 2010 BCC Meeting nDea omcES Pool Renovation/Vxdance Issue BOG RAIpN Dear Mr. Ochs: ,,,-,. roRrwAUOn eucM MOMESTFAD Our Firm represents Casa Grande on Vanderbilt Beach Condominium MELBDORME• Association, Inc. ( "Association's. I an writing on behalf of the Association to MIAMI request to speak as a public petition item on the Board of County Commissioner's KA agenda of July 27, 2010. DRIANOD Ponv.wcle The reason that I am requesting to sneak is to ask the Board of Countv wASmA Commissioners to authorize staff in the Planning and Regulation Section of the TALUMAS$EE din Growth Management Division to issue a building Permit and allow the TAMPA GY Association and its contractors to Proceed with Pool renovation and related work WEST PALM KFACx while the Association ursues a variance petition that will propose the modification of certain conditions of a 1982 coastal construction control Iine variance that was scanted to the developer of the condominium Casa Grande is a 26 -unit condominium in a 10 -story building at 9653 Gulf Shore Drive. The Association submitted a building permit application, permit number bEWIERSEY 2010- 041906, on April 27, 2010, for pool renovation work on an existing pool PXEW MIRKCM that was constructed in approximately 1983. The work involved in the permit PRA40F includes installation of a retaining wall and renovation and remodeling of the pool FAN. deck, stairs, terrace, ramp, and walkwa y s, and installation of pavers. During permit review, it was discovered by county staff that the original developer of the condominium had failed to satisfy certain conditions of a variance that was issued in 1982. Because these conditions had not been satisfied by the developer, the LEGAL AND BUSINESS STRATEGISTS Agenda Item No. 6C July 27, 2010 Page 5 of 8 Casa Grande on Vanderbilt Beach Condominium Association, hic. 7/14/2010 Page 2 Association's building permit has not been issued and the pool renovation project has been stopped The Association was unaware that the developer had failed to comply with the variance conditions. In order to resolve the variance issues, the Association intends to proceed with a variance petition to modify the conditions of the 1982 variance. Because the variance process will take some time, and would likely result in the delay of the pool renovation work until next summer, and could result in disputes with the Association's contractor, the Association respectfully seeks the authority of the Board to proceed with the pool renovation work while the Association pursues the modification of the variance conditions. The condominium was developed by Union Properties of Southwest Florida, Inc. in 1982 -1983. The developer obtained a coastal construction control line variance, Resolution 82 -179, on November 9, 1982, attached as Exhibit A. The variance was for construction of a pool, wood deck, and restroom/storage building seaward of the coastal construction control line. One of the conditions of the variance was the relocation of an existing seawall approximately 50 feet landward as well as restoration of the intervening area as a natural dune community. The developer never did satisfy this condition of the variance, and the existing seawall remains. The Association has no objection to removing the old seawall, but would prefer not to replace it with a new seawall. The new seawall would be expensive, and it is doubtful that the DEP would permit such a seawall under current regulations. Therefore, the Association intends to proceed with a variance petition to modify the conditions of the 1982 variance. The Association's proposed plan for the modified variance is attached as Exhibit B. The proposed plan lines up the Association's vegetation line with that of its neighbors to the north and south at a location approximately 40 feet landward of the existing seawall. Thank you for your consideration. Please feel free to contact me if you have any questions. Very Yours �- Christopher J. Thornton For the Firm CJT /sdc cc: Ron Perri, President, Casa Grande on Vanderbilt Beach Condominium Association, Inc. Nick Casalanguida, Deputy Administrator, NickCasalaneuidaaa.eollier og v_net Jeffrey A. Klatzkow, County Attorney, JeflKlatzkow(i4collier ¢ ov.ri Michael Sheffield, MichaelSheffieldacollier ¢ ov.net ACTIVE: 30293511 WHEREAS, Union Properties of Southwest Florida, Inc., has Agenda Item No. 6C July • 7, z010 a variance from the Coastal Construction Control Line as required i9of8 Ordinance 75 -19 for the purpose of constructing a swimming pool, wood seawall deck and a restroom /storage building, and for relocating an existing to a landward position, regrading the subsequently exposed up- land to a natural dune•profile and planting the area _witb native coastal vegetation. NMREAS, the County Environmentalist has reviewed said petition and has prepared an Executive Summary regarding the petition, and WHEREAS, the Board of County Commissioners has examined the £xecu- tive Summary with its recommendations: NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commis- sioners of Collier County, Florida that Petition CCC1- 82 -21C be granted .subject to the conditions listed below: 1. The granting of this petition'is to permit the construction of a swimming pool, wood deck, and restroom /storage building, the .landward relocation of the existing seawall, the regrading of the subsequently exposed upland to a natural dune profile, and the revegetation of the area with native coastal plants: All -- -these activities are permitted seaward of the Coastal Construc- tion ,Control Line on Lots 19 and 20, Block "A ", Unit No. 1, Connors Vanderbilt Beach Estates, Plat Book 3, Pages 8 and 9. 2. The agreement attached as Exhibit A is hereby approved. 3. The construction of the pool, wood deck, and restroom /storage building shall be mitigated by the relocation of the seawall to a landward position and the restoration of the area seaward of the pool to a natural dune community. The relocation and restoration. shall be according to the attached description -(Exhibit B) which was prepared by the petitioner in consults- tion with the County Environmentalist. All activities shall conform to the standards of the Department of Natural Re- sources Division of Beaches and Shores. fails to mitigate the construction of the If the petitioner Pool and accessory structures in a reasonable period of time, the pool and other structures permitted by this variance shall be removed at the petitioner's expense. 4. No equipment or construction material shall be stored seaward i, 6. The granting of this variance does not relieve th�g�n p temno 6C from obtaining all other required governmental permits. July 27, 2010 Page 7 of 8 This Resolution passed after motion, second, and roll call vote as follows: COMMISSIONER Wenzel Motioned and aye COMMISSIONER Pistor Seconded and aye COMMISSIONER Kruse Aye COMMISSIONER Brown Aye COMMISSIONER Wimer Aye Done and ordered this 9th day. of November 1982. . c• "XTTEST'••. REAGAN, I Approved s t form B -JRT L. SAUNDERS Collier County Attorney CCCL- 82 -21C fficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: cz ' C..R. "R SS VDIER, CHAIRMAN OOiS21q 30 3'180 I 11T NU To vu PS i 7wI31gUqOQI3O3 3QIa0 y;eo ONIUWO OO S 6 :i Agenda Item No. 6C July 27, 2010 Page 8 of 8 +-Z �r N N oN �a pie pN mN GP tO �r mn DF �9 0 MMb /O It O rur� -J O Xf H r r� I �o D� ffN 1 y° O o° QO i G 4i � m o � � ti � W r � o OOiS21q 30 3'180 I 11T NU To vu PS i 7wI31gUqOQI3O3 3QIa0 y;eo ONIUWO OO S 6 :i Agenda Item No. 6C July 27, 2010 Page 8 of 8 +-Z �r N N oN �a pie pN mN GP tO �r mn DF �9 0 MMb /O It O rur� -J O Xf H r r�