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Agenda 07/27/2010 Item #17FAgenda Item No. 17F July 27, 2010 Page 1 of 53 EXECUTIVE SUMMARY VA- PL2009 -045, Sara Barrera is requesting an after - the -fact variance of 8 feet from the required minimum front yard setback of 25 feet in a Residential Multi- Family (RMF -6) Zoning District as provided for in Section 4.02.0l.A. Table 2.1, of the Collier County Land Development Code. The 0.34± acre site contains a single- family dwelling that encroaches 8 feet into the required 25 -foot front yard setback reducing the front yard setback to 17 feet. The subject property is located at 202 Washington Avenue, in Section 33, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. OBJECTIVE: To have the Board of Zoning and Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced 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 .34± acre property has an existing single - family home that has been in existence since 1960. The applicant purchased the 1,100± square -foot home in July 2007. In October 2008, the applicant's husband enclosed the existing carport to create a 340± square -foot bedroom for his expanding family. The applicant indicates that they chose the carport for the addition because there was an existing slab that helped to reduce the cost of construction. They also considered that there were obstacles to constructing this addition elsewhere on this site, including a load bearing wall that would make it difficult to construct a door opening, and an existing, active septic tank. The site plan entitled `Boundary Survey' dated September 24, 2009, and prepared by H. L. Bennet & Associates, Inc., illustrates the location of the existing carport that was converted into a bedroom. (See the attachments at the end of the Staff Report.) The minimum RMF -6 front yard setback as provided for in Section 4.02.0l.A. Table 2.1 of the Collier County Land Development Code (LDC) is 25 feet. This variance request seeks an after - the -fact variance for a 17 -foot front yard setback to allow the existing conversion of the carport to remain. It should be noted that this variance request will not encroach further than the previously approved carport that was constructed with the dwelling. There is an open Code Case, case number CESD20080005775. (Please see the attachment at the end of the Staff Report.) There are seven other variances granted within this neighborhood. As previously stated, this bedroom addition along with the encroachment has been in existence since 2008. The applicant has submitted four letters of support from adjacent neighbors. To date, no Page I of 3 VA-PL-1009-045 6 -22 -10 Agenda term No. 17F July 27, 2010 Page 2 of 53 known complaints (other than the Code Enforcement complaint) have been received from any neighboring properties. If this variance is approved, the property owner is required to obtain after - the -fact building permits which are double the regular permit fees. FISCAL IMPACT: The Variance request by and of itself will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Urban Mixed Use District, High Residential Subdistrict on the Immokalee Area Master Plan (LAMP) Future Land Use Map of the Growth Management Plan. This land use category is designed to accommodate residential uses including multi - family, single - family, and duplexes. As previously noted, the subject petition seeks a variance for 'a single-family ]ionic 'that is located within a single- family subdivision, which is an authorized use in this land use designation. Therefore, the single - family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION: The CCPC heard petition VA- PL2009 -045 on June 2, 2010, and by a vote of 6 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: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (SW) RECOMMENDATION: Staff recommends that the Board of Zoning Appeals approve the request for VA- PL2009 -045 as depicted on Exhibit A of the attached resolution. Page 2 of 3 VA-Ni 2009 -045 6 -22 -10 Agenda Item No. 17F July 27, 2010 Page 3 of 53 PREPARED BY: Nancy Gundlach, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: 1) Staff Report 2) Resolution 3) Application Page 3 of 3 vA- PI2009 -045 6 -22 -10 Agenda Item No. 17F July 27, 2010 Page 4 of 53 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17F Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members VA- PL2009 -45, Sara Barrera, requesting an after - the -fact variance of 8 feet from the required minimum front yard setback of 25 feet for the Residential Multi - Family (RMF -6) Zoning District as provided for in Section 4.02.01A. Table 2.1, of the LDC. The 0.34 acre site contains a single family dwelling that encroaches 8 feet into the required 25 -foot front yard setback to 17 feet. The subject property is located at 202 Washington Avenue, Section 33, Township 46 South, Range 29 East, Immokalee, Florida. Meeting Date: 7127/2010 9:00:00 AM Prepared By Nancy Gundlach Planner, Principal Date Community Development & Environmental Services Zoning & Land Development Review 6/2512010 4:02:53 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 6/28/2010 7:51 AM Approved By Ray Bellows Manager - Planning Date Community Development & Environmental Services Zoning & Land Development Review 612812010 8:56 AM Approved By William D. Lorenz, Jr., P.E. Director - CDES Engineering Services Date Community Development & Environmental Se rvices Engineering & Environmental Services 612812010 10:46 AM Approved By Steven hdilliams Assistant County Attorney Date County Attorney County Attorney 6/2912010 11:41 AM Approved By Norm E. Feder. AICP Administrator - Transportation Date Transportation Division Transportation Administration 7/1120/0 3:14 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 71612010 1:39 PM Approved By Heidi F. Asnton Section Chief /Land Use - Transportation Date Agenda Item No. 17F July 27, 2010 Page 5 of 53 County Attorney County Attorney 7/812010 11:37 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 71812010 3:02 PM Approved By Jeff Klatzkow County Attorney Date 7/912010 1:34 PM Approved By Mark lsackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 7/10/2010 3:04 PM Agenda Item No. 17F AGENDA ITEMIP-47, 2010 Page 6 of 53 Cadep, r County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION HEARING DATE: JUNE 3, 2010 SUBJECT: VA- PL2009 -045, 202 WASHINGTON AVENUE PROPERTY OWNER/AGENT: Owner /Applicant: Sara Barrera 202 Washington Avenue Immokalee, FL 34142 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider an application for an after - the -fact variance from the required minimum front yard setback of 25 feet in a Residential Multi - Family (RMF -6) Zoning District as provided for in Section 4.02.0l.A. Table 2.1, of the Collier County Land Development Code (LDC). The 0.34± acre site contains a single - family dwelling that encroaches 8 feet into the required 25 -foot front yard setback reducing the front yard setback to 17 feet. The requested action (if approved) would allow a home at 17 feet from the front yard setback. GEOGRAPHIC LOCATION: The subject property is located at 202 Washington Avenue, in Section 33, Township 46 South, Range 29 East, Immokalee, Collier County, Florida. (See location map on following page.) PURPOSE/DESCRIPTION OF PROTECT: The .34± acre property has an existing single family home that has been in existence since 1960. The applicant purchased the 1100± square -foot home in July 2007. In October 2008, the applicant's husband enclosed the existing carport to create a 340± square -foot bedroom for his expanding family. The applicant indicates that they chose the carport for the addition because there was an existing slab that helped to reduce the cost of construction. They also considered that there were obstacles to constructing this addition elsewhere on this site, including a load VA- PL2009 -045 Date: 5 -15 -10 Page 1 of 9 O LL v't` "fo rf 4y s� s Q eo'i s4� J Q / LV IF s �_a Sa L V Z SQ L O O V °o N J a a z 0 a Fl LLJ W 19 J •- 1 6Z TI "O m ry ry u O w o F Z O O � II o ry y n ry ry I Sa L V Z SQ L O O V °o N J a a z 0 a n d g aaF kW wm -,g a5 nY a In € ;9 F 4 / -1 g � El / �% // m •R�r4h s ? h A �o F m; nn >Ee� oa °w an`o'n U H 1�0 h� N � rE� K n �J n Li O N O � �zn NUy ENO «n Z z< a SJ f w q �b�ne� si 6 . m d �L ZH Vw VIR OOF TF O� BoNiu�Q i3 Li g� w 3 $ � n o s mi m� o r o a ° ^ate 3amz 3 gw omd �. UdI Agenda Item No. 17F July 27, 2010 Page 9 of 53 bearing wall that would make it difficult to construct a door opening, and an existing, active septic tank. The site plan entitled "Boundary Survey" dated September 24, 2009, and prepared by H. L. Bennet & Associates, Inc., illustrates the location of the existing carport that was converted into a bedroom. (See the Site Plan on the previous page.) Attachment A: Floor Plan depicts the bedroom addition. (See the attachment at the end of this Staff Report.) The minimum RMF -6 front yard setback as provided for in Section 4.02.0l.A. Table 2.1 of the LDC is 25 feet. This variance request seeks an after -the -fact variances for a 17 -foot front yard setback to allow the existing conversion of the carport to remain. It should be noted that this variance request will not encroach further than the previously approved carport that was constructed with the dwelling. There is an open Code Case, case number CESD20080005775. (Please see attached Attachment B: Code Case Detail Report at the end of this Staff Report.) There are seven other variances granted within this neighborhood. As previously stated, this bedroom addition along with the encroachment has been in existence since 2008. The applicant has submitted four letters of support from adjacent neighbors. To date, no known complaints (other than the Code Enforcement complaint) have been received from any neighboring properties. If this variance is approved, the property owner is required to obtain after -the -fact building permits which are double the regular permit fees. vA- PL2009- 045 Date: 5 -15 -10 Page 4 of 9 Agenda Item No. 17F July 27, 2010 Page 10 of 53 SURROUNDING LAND USE & ZONING: North: Single - family residences with a zoning designation of RMF -6 East: Single - family residence with a zoning designation of RMF -6 South: L=okalee High School with a zoning designation of RSF -3 West: Single - family residence with a zoning designation of RMF -6 AERIAL VA- PL2009- 045 Date: 5 -15 -10 Page 5 of 9 Agenda Item No. 17F July 27, 2010 Page 11 of 53 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Mixed Use District, High Residential Subdistrict on the Immokalee Area Master Plan (IAMP) Future Land Use Map of the Growth Management Plan. This land use category is designed to accommodate residential uses including multi - family, single - family, and duplexes. As previously noted, the subject petition seeks a variance for a single - family home that is located within a single - family subdivision, which is an authorized use in this land use designation. Therefore, the single family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: Section 9.04.01 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: a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No, there is no land- related hardship. There are no special conditions or circumstances peculiar to the location, size and characteristics of the structure or building involved. However, there is an active septic tank located on the northwest side of the house and a load bearing wall along the rear elevation (northeast side of the house) that could not easily accommodate an opening for a building addition - if it were to be located in either of these locations. Furthermore, the applicant located the bedroom addition in a car port area where there is an existing roof and concrete slab to take advantage of. 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? No. There are no 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 this Variance request. 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? No. The applicant will still have use of the dwelling. However, a literal interpretation of the code could prevent the applicant from having the bedroom addition. VA- PL2009 -045 Date: 5 -15 -10 Page 6 of 9 Agenda Item No. 17F July 27, 2010 Page 12 of 53 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? No. The Variance requested would not be the minimum Variance to allow reasonable use of the existing bedroom addition. Conversely, the bedroom addition has existed on the site for nearly two years. Furthermore, approval of this Variance would not have a negative impact on standards of health, safety and welfare. 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? Yes. By definition, a Variance bestows some dimensional relief from the zoning regulations specific to a site. However, LDC Section 9.04.02 provides relief through the Variance process for any dimensional development standard, such as the requested reduced front yard setback. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case by case basis. f. 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? The proposed encroachment would have an impact on the neighbors by allowing the dwelling to be within 17 feet of Dade Street. However, the applicant has submitted four letters of support from neighbors located on all four sides of their property. 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.? No. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan, ENVIRONMENTAL ADVISORY COUNCIL (EACI 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- PL2009 -045, revised May 11, 2010. VA- PL2009 -045 Date: 5 -15 -10 Page 7 of 9 Agenda Item No. 17F July 27, 2010 Page 13 of 53 RECOMMENDATION: Staff recommends that the Collier County Planning Comrnission (CCPC) forward Petition VA- PL2009 -045, to the Board of Zoning Appeals (BZA) with a recommendation of approval. VA- PL2009 -045 Date: 5 -15 -10 Page 8 of 9 PREPARED BY: NANC Gi. L , AICP, PRINCIPAL PLANNER GROWTH A MENT DIVISION REVIEWED BY: RAYM D V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION 4 OWIAM D. L NZ, r., P.E., DIRECTOR TH MANAGEMENT DIVISION APPROVED BY: NICK CASALA GUIDA, ADMINISTRATOR GROWTH MANAGEMENT bIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN Attachments: Attachment A: Floor Plan Attachment B: Code Case Detail Report Agenda Item No. 17F July 27, 2010 Page 14 of 53 lip, ► _a 1 5-6-10 DATE 05- 06'-7-01-0 DATE DATE 6 -3- /0 DATE Tentatively scheduled for the July 27, 2010, Board of County Commissioners Meeting VA- PL2009- 045 Date: 5 -10 -10 Page 9 of 9 Agenda Item No. 17F July 27, 2010 Page 15 of 53 EXISTING STRUCTURE LIVING ROOM KITGH�:N ttRlIEG 5% icre EB BWIRSD fD:1UltE m am oEn:cTa GH aunt* tl1E L.CIt w .9 1 I SuTT01 ooGR oeu[ ¢.�o RamueBT f FM I PW swR BAY SWR SM1 n c �c� u GELLING FM PREMIRE GBEY = CFYNG E.UI PUME IMG MST. (EAR niwRSRm Br oBRan) EXISTING STRUCTURE LIVING ROOM KITGH�:N FLOOR PLAN Attachment A icre g B H .9 1 I I NEW BEDRgOM = 'r FLOOR PLAN Attachment A Agenda Item No. 17F July 27, 2010 CdW. ffgcvnet Report Title: Code Case Details Page 16 of 53 te: 21212009 10:55:40 AM Case Number. CESD20080005775 Case Number: CESD20080005775 Case Type- Site Development Priority: Normal Inspector: MARIARODRIGUEZ Status: Open Date& Time Entered: 4/15/2008 3:32:21 PM Entered By: wolfelinda Case Disposition: Case Pending Jurisdiction: Building Review and Permitting Origin: Anonymous Complaint Detail Description: caller states owners have enclosed lanai and made a room,no permits, also are adding an addition to the home no permits, also enclosed the garage,no permits.. doing alithe work on weekends. Icw Location zmT IN 202 Washington AVE Immokalee, FL 63860760006 Property OwnerIBARRERA, SARA Business Management & Budget Office Attachment B #58 6126108 I Code Case Details Aaenda Item No. 17F July 27, 201D Execution Date 2 /2/2009F'6!) 570 MAI Dose Assigned Required Completed Outcome Comments Initial Inspection josephgiannon 4/16/2008 6/18/2008 Violation(s) on site I found wortk being profonned no one e Found on site ( NEED SEE IF ANY PERMITES /TO REVISIT) #58 6117/08 JG Record Violations josephgiannon 6/18/2008 6/18/2008 Complete e Attach Peture(s) josephgiannon 6/18/2008 7/1/2008 Complete e Generate Notice of Violation josephgiannon 6/18/2008 6/26/2008 1 Complete e Re- Inspection MariaRodrigu 6/19/2008 6/18/2008 Non- THE PHOTOS ARE IN THE G -DRIVE ez Compliant ON 6/19/08 AT THE TIME OF SIGNING OF THE NOV I TRIED TO MAKE CONTACT WITH THE HOMEOWNER BUT. NO ONE WAS HOME TO SIGN THE NOV. I POSTED IT AT THE COURT HOUSE AND ON THE PROP. JG #58 6/26108 Re- Inspection MariaRodrigu 6/19/2008 6/18/2008 Non - ez Compliant CE Meeting josephgiannon 6/21/2008 7/1/2008 Complete I HAD A MEETING WITH THE OWNER MR. e BARREA ON 6/21/08 HE REMOVED THE BEGINNING OF THE WALL AND I WILL GIVE HIM 2 WEEKS TO RECIEVE PERMITS AND HE KNOWS. HE THIS CASE WILL BE GOING TO COURT JG #58 6121108 Re- Inspection MariaRodrigu 7/19/2008 8/21/2008 Non- ez Compliant Re- Inspection MariaRodrigu 7/19/2008 8/21/2008 Non- ez Compliant Re- Inspection MariaRodrigu 8/19/2006 12/11t2008 Non - ez Compliant Re- Inspection MariaRodrigu 10/22/2008 11/18/2008 Non- On site 10 -22 -08 spoke to Sara Barrera ez Compliant property owner who stated that they were waiting on the Eng to give them the Blue prints for the addition. I advised Sara that she also needed to go to Zoning to see if the set backs were correct. Nov was never served or mailed therefore will reserve and mail NOV. Personal Service Attempt MariaRodrigu 10/28/2008 10/28/2008 Complete On site 10 -28 -OB and spoke to Son (Joe ez Barrera) who stated that he was 17 years old and lived in the house. I explained the NOV he signed it and a copy was given to him. MR/49 CE Staff Review IlianaBurgos 10129/2008 10/29/2008 Complete scanned signed NOV into g dr IB. CE Phone Call josephgiannon 11/12/2008 11/24/2006 Complete I recieved a phoine call from MR Barrera who e stated that he was going tomorrow to submitt for his permit. will continue to monitor reck for next week on CDPLUS for the permit # . MR/49 Business ht.'nagement & Budget Office 2 Code Case Details Agenda item No. 17F July 27, 2010 Execution Date 2/2/2009a1b�.t5�46X1,1 Desc Assigned Required Completed Outcome Comments Re- Inspection MariaRodrigu 11/13/2008 11/18/2008 Escalate to On 11 -18 -08 researched on CD PLUS and ez 6/18/2008 Legal property owner has not submitted any permits NOV Issued 6/1812008 with the county will escalate to legal. MR/49 Assign Hearng Type MariaRodrigu 11/1812008 12/11/2008 Code ez Enforcemen t Board Hearing CE Case Research MariaRodrigu 11/24/2008 1/8/2009 Complete CASE ez Re- Inspection MariaRodrigu 12/2/2008 Pending ez CE Supervisor Review (CE) kitchelisnow 12/11/2008 12/11/2008 Complete Re- Inspection MariaRodrigu 1/512009 Pending ez CE Legal Review jenniferwaldro 1/6/2009 1/6/2009 Rejected se reviewed frowarded to JW44 for review n ks93 1/6109 - Rejected packet. See front checklist for needed corrections. Returned to KS93. JW44 CE Staff Review MariaRodrigu 1/7/2009 1/7/2009 Complete Open Case report; in process of legal review ez and correction for CEB MR/49 `er Initial Case information wolfelinda 1/9/2009 4/15/2008 Complete Supervisor Review (CE) kitchelisnow 1/9/2009 1/9!2009 Complete corrections made forward for approval ks93 CE Director Review (CE) jenniferwaldro 1/9/2009 Pending n Violation Description Status Entered Corrected Amount Comments Building Permit LDC NOV Issued 6/18/2008 $0 NOV Issued 6/18/2008 NOV Issued 6/1812008 Improvement Prior to Building Permit NOV Issued 6/18/2006 $0 Title Reason Result Compliance Fine /Day Condition Business Management & Budget Office 3 mom LO N O z�m N c N Q ZIP LL y�a° vo��; o P� z I w° >$ 1 L' CL �e 0 mim mmm1R7m W I- 6Z tld I I v ry _ W I l I i z c I c� G Z O N Q O ci 0 0 N' ailz z w! all CAT County Agenda Item No. 17F 4P July 27, 2010 Page 20 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PROJECT NUMBER Project #: VA- FL20090000045 Rev: 2 PROJECT NAME Project Name: 202 WASHINGTON AVE DATE PROCESSED Date: 10/5/09 DUE: 10119/09 APPLICANT /AGENT INFORMATION NAME OF APPLICANT(S) SARA BARRERA ADDRESS 202 WASHINGTON AVE TELEPHONE # _ CELL # 239 - 200.6136 FAX # E-MAIL ADDRESS: JOEYBARRERA43QYAHOO COM NAME OF AGENT SARA BARRERA ADDRESS 202 WASHINGTON AVE TELEPHONE # _ CELL # 239 - 200-6136 FAX # _ E -MAIL ADDRESS• PROPERTY DESCRIPTION Legal Description of Subject Property: Section /Township /Range ,I 1A.4/7?Q Property I.D. #: 636607650006 Subdivision: new market Unit _ Lot: Z Block: %4, Metes & Bounds Description: n_ew rr O&Ot subd bik 34 lot 7 Acreage: 34 Address of Subject Property (if different from Petitioner's address): BE AWARE TIIAT COLLIER COUNTY-F, AS LOBU IST pErr LATIOMS. OUP-DE If OUR SFF ACCf7kDI(i(.,LY t NM ENSURIi 6F'AT YOU ARE IH COMPLIANCE WITH - ,HEraE -- REGIUL ATI0N3. • • E f . Collier County Government Department of Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 239.252.2400 239.643.6968 fax • {rte U Monday, March 23, 2009 Re: Variance Petition Application, Nature of Petition Agenda Item No. 17F July 27, 2010 Page 21 of 53 Project #: VA- PL20090000045 Rev:I Project Name: 202 WASHINGTON AVE Date: 5/5/09 DUE: 5/19/09 Dear Zoning Review Staff, This Variance3 Petition Application is being submitted in request for a variance on my residential corner property located at 202 Washington Avenue, lmmokalee, Florida 34142. In October, 20081 completed the addition of a bedroom on the southeast side of my single family home in Immokalee. The southeast side of the addition is 17' from the Dade Street RIW. This encroaches on the dictated setback of 25' by 8'. The hardship in this case was initially created because constructing the addition onto the northeast side (rear) of the house would have required additional structural framing due to the fact that the rear wall of the house is load bearing and could not easily accommodate an opening into a bedroom addition. Also, there was an existing concrete slab on the southeast side of the house along Dade Street which was used for the foundation of the addition saving a considerable amount of construction costs. The addition was not located on the northwest side of the house because there is an active septic tank in this location, as indicated on the site plan, which would have required relocating, thus increasing the costs of the project. Therefore, I am requesting a variance in the frontage setbacks to Dade Street from 25' to 17'. I initially purchased the property on July 24, 2007. Thank you. Sara Barrera �e Agenda Item No. 17F L County July 27, 2 2010 '�./fJ Page 22 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING S LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 ASSOCIATIONS Complete the Following for all registered Association(:) that could be affected by this petition. Provide additional shuts IF necessary. Information can be found on the Board of County Commissioner's website at httn.--//www.collieroov.net/­index.aag)25ipgae=774 v�t/­IndexasaXZaaae =774 NAME OF HOMEOWNER ASSOCIATION: t� MAILING ADDRESS CITY STATE _ ZIP _ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS , CITY _ STATE " ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _ CITY _ STATE _ ZIP _ NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _ CITY 4 STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY _ STATE _ ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY _ STATE ZIP ( — AC`SACENT ZONING AND LAND USE Minimum Yard Requirements for Sub &ct Property Front: 25,feet Side: tar' Rear. 7.Y Corner Lot: Waterfront Lot: Yes ® No ❑ Yes ❑ No E ADVISED THAT SECTION 10.03.05.0.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO OEMIOVE THERP PUBLIC i- 9RAR11WG SIGI'3 (S) AFTER FINAL AC71ON SS T.A€t N gy THE 90AP.D OF COUNTY CCPMMISSIONER& BASED ON TI-LC S.OAFzZ'S F €MAL ACTION ON -rH!S 11-EfIA, PLFAS, REMOVE M,LL rUr1rC HEkRIN'.- ADVERTfS1N0 S€W S) IMPASDIA T ELT. Zonin Land Use N bmf -c sin le famif homes S rsf -3 what is another Property E rmf-6 single family homes W rmf -6 single family homes Minimum Yard Requirements for Sub &ct Property Front: 25,feet Side: tar' Rear. 7.Y Corner Lot: Waterfront Lot: Yes ® No ❑ Yes ❑ No E ADVISED THAT SECTION 10.03.05.0.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO OEMIOVE THERP PUBLIC i- 9RAR11WG SIGI'3 (S) AFTER FINAL AC71ON SS T.A€t N gy THE 90AP.D OF COUNTY CCPMMISSIONER& BASED ON TI-LC S.OAFzZ'S F €MAL ACTION ON -rH!S 11-EfIA, PLFAS, REMOVE M,LL rUr1rC HEkRIN'.- ADVERTfS1N0 S€W S) IMPASDIA T ELT. A Agenda Item No. 1 i F �..�E;ie� July 27, 2010 CW { Page 23 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 341 o4 WWW.COLLIERGOV.NEF (239) 252 -2400 FAX (239) 643 -6968 NATURE OF PETITION 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, r building involved. � �e C� IV � 6a� � 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. yes 1 would say so. our house was built in early 60's roads where built later in the 70's because thg 2_32o county took 40 feet from both sides dude and woshongton i have looked around and have not seen this y anywhere else. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create proctical difficulties on the applicant. yes. it would repose dernmition of our very needed bedroom 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. it would be the least amount of impact on he land 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 some zoning district. Yes. but only a smoil portion on this land 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be V injurious to the neighborhood, or otherwise detrimental to the public welfare. Agenda Item No. 17FF F July 27, 2010 Comity Page 24 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING S LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 Yes this would be In horrnony and compliance with the zoning code and in no way be Infurfous to thr nieahborhood rw L Agenda Item No. 17F CAW of 53 July 27, Page 25 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW _.. __ . NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 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. it would be In agreement of the growth management plan 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 ® No If so, please provide copies. C Agenda Item No. 17F �+ � y July 27, 2010 � Page 26 6 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING ✓E LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 VARIANCE PETITION WA) 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 websife for current form) 15 X Review Fees: Pre-Application moetinR notes is $2,000.00 Residential Completed Addressing Checklist, Signed by Addressing De ortment 1 X ❑ .Conceptual Site Plan 24" x 36" and one 8 'h " x 11 " CO 15 ❑ $100.00 Survey of property showing the encroachment (measured in feet) I After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee Li Owner /Agent Affidavit signed & notarized Deeds le al's 1 3 ❑ $500.00 Location mop 1 (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). Aeriol photographs (taken within the previous 12 months min. scaled ]"=200'), showin FLUCCS Codes Le end and project boundary S EIS Review ❑ Electronic copy of oil documents and plans (CDROM or Diskette) 1 ❑ - -4istorical Survey or waiver request 1 .rvironmental Impact Statement (EIS) and digital /electronic copy of EIS or exam fion ustificaTion Yyithin 30 days oft r r raipt of the first review comment letter, provide Property Owner Advisory Letter and Certification 3 1 ❑ 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 now pre-application meeting will be required.) Review Fees: ® $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 ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $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: - ❑ 09/23/09 Agent/Owner Signature Date Agenda Item No. 17F July 27, 2010 C e.'r Canty Page 27 of 53 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 2S2 -2400 FAX (239) 643.6968 AFFIDAVIT We /l, — being first duly sworn, depose and say that well am /arc the owners of the properly described Mrein and which is the subject maker of the proposed hearing; that all the answers to the questions in this application, inch/ding the disclosure of interest information, all sketches, data, and other supplementary mutter attached to and made a port of this application, are honest and true to the best of our knowledge and belief. Well understand Ihol the information requested on this application must be complete and accurate and tirot the content of this form, whether computer generated or County printed shall not be uttered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /f further authorize to act as ourlmy representative in a matters m regarding this Petition. Signature of Properly Owner SQ/a- 3a r -/ e /-,x Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this Z% day of . �_%��� 2007, by SRr2 �rE - who is personally known to me or has produced Ac'o (r as identification State of Florida County of Collier \\\\µtHHlllllllryt7jr ( nahure of Notary Public - Sfaie of Florida \aRod;igue? 10N dOp`'6R : o (Print, Type, or Stamp Commissioned Name of Notary public) Project #: VA- PL20090000045 Rev:2 Project Name: 202 WASHINGTON AVE fto Date: 10 15/09 DUE: 10/19/09 Agenda '.tern No. 17F July 27, 2010 Page 28 of 53 rk Prepared by and return to- — Roger B. Rice, PA 9010 Strada Stell Court Unit 207 Naples, FL 34109 239 -593 -1002 File Number: 07 -463 Barrera Will Call No.: 2395931002 4051932 OR A* 2!tT- G �,� 2 RECORDED in OFFICIAL RECORDS OfFO631IElDtCGDM, PL 0726/2007 at 02:59PH DWIGHT I. BROCE, CLERK CONS 31336.00 RIC FEB 1a. 1 DOC•170 219, J ReW ROGER B RICH 9010 STRADA STILL CT #2D7 NAPLES FL 34109 Above This Line For Recording Warranty Deed This Warranty Deed made this 24th day of July, 2007 between Betty Collins, a single woman whose post office address is 13370 Hamlin Avenue, Clewiston, FL 33440, grantor, and Sara Barrera, a married woman whose post office address is 202 Washington Avenue, Immokalee, FL 33934, grantee: (Whenever used herein the terms "grsntor" and "gran(ce" include all the partim to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stun of TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida to -wit: Ij Lot 7 & 8, Block 34, New Market Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 104, Public Records of Collier County, Florida Parcel Identification Number: 63860760006 GRANTORS WARRANT THAT THIS IS NOT THE GRANTORS HOMESTEAD PROPERTY. THE GRANTORS HOMESTEAD PROPERTY IS: 13370 HAMILTON AVE, CLEWISTON, FLA 33440 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006, SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTimeo LA OR; 4`HrHp3,�,g Page 30 of 53 In Witness Whereof, grantor has hereunto set grantors hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 1 91Y��ie Wi /tne 9Nam 12 �• _ itness Name :h �: ✓C� Betty Colly,�s- State of Florida County of Collier The foregoing instrument was acknowledged before me this 24th day of July, 2007 by Betty Collins, w spar onally C known or [X] has produced a driver's license as identification. Notary Public [Notary Set<ll Notary Pub ic. - gtcu of I orldo Y.. _f✓iyConmiss1 nE*# 'jcI '�" i..ommisslon � UU /5o9A3 �' Printed Name: C V.: Loni�c717y 14oanunl hlofaryAssn.� My Commission Expires: Warranty Deed - Page 2 DoubleTiMm Prepared by and return to: Anastacio and Maria Rodriguez 208 Washington Avenue Immokalee, Florida 34142 4193529 ORN381j�6�g(;°8 RECORDED in OFIICIAL RECORDS ofFCO4U!HrCOM' , IL 01/25/2008 at 01:49PI DWIGHT I. FROCK, CLERK COTS 5000.00 RIC FEE 18.50 DOC -.10 35.0 Retn: ANASTACIO RODRIGUEZ 208 WASHINGTON AVE INIOKALII PL 34142 Above This Line Fw Reewding Warranty Deed This Quit Claim Deed made this o$ day of 1.�—J 2008 between Sara Barrera, a married woman, whose post office address is 202 Washington Avenue, Immokalee, Florida 34142, grantor, and Anastacio Rodriguez and Mar' ez, husband and wife, whose post office address is 208 Washington Avenue, I ti�J 42 grantee: (Whenever used herein the terms " Or" and "grantee" inc �e a the parties to this instrument and the heirs, legal representatives, and si mil` n he suress rs and assigns of corporations, trusts and trustees) v \ Witnesseth, that said grantor, r d c si eat' e T N NO 1100 DOLLARS ($10.00) J and other good and valuable co ' r to to ' in h said grantee, the receipt whereof is hereby acknowledged, does her ise, release, and q ' clai t aid grantee, and grantee's heirs and assigns forever, all the right, till rest, claim and de grantor has in and to the following described land, situate, lying and b ' J Collier County, , o -wit: CIRC�� Lot 8, Block 34, New Market Subdivision, according to the map or plat thereof, recorded in Plat Book 1, Page 104, of the Public Records of Collier County, Florida. Parcel Identification No. (p 3 ? Q�01 (D ` O n THE GRANTOR WARRANTS THAT THIS NOT THE GRANTORS HOMESTEAD PROPERTY. THE SUBJECT PROPERTY IS VACANT LAND. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoWeTime' Ok 11 Agenda Item No. 17F OR; 4381 Me' 1449() * ** In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: QxQQ �� eZ•� (Seal) Sara Barrera W'incss Name:" M. �'1Q%�' Witness Name: State of Florida �ZER CO County of Collier 0 The foregoing instrument was ac]mow dg this of 2008 by, Sara Barrera, who [j is personally ]mown r [ ha uce ense a iden 'fication. n 0 [Notary Seal] raj P lic ion ELENA Y. LINDNER Newry Pd o • tuft of nolla *0Mw gwE*VM od 1?, ni11 Caswladw / On ?26M 1wrl11Yal*1tllat/NOIryA�. R.Ntr aced - :k Double7ime' INSTR 4409878 OR 4549 PG 2248 RECORDED 3/25/2010 3:24 PM PAGES 2 Agenda tern No. 17F DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT .!uly 27, 2010 REc $18.50 Page 33 of 53 1 Prepared by w/o opinion and return to: Ana5t2eip and Maria Rodriguez 208 Washington Avenue Immokalee, Florida 34142 ISpoce Above This Line For Recording Data] *Corrective Warranty Deed This Warranty Deed made this day of March, 2010, between Sara Barrera, a married woman whose post office address is 202 Washington Avenue, Immokalee, Florida 34142 grantor, and Anastacio Rodriguez and Maria Rodriguez, Husband and Wife whose post office address is 208 Washington Avenue, Immokalee, Florida 34142, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the J following described land, situate, lying and being in Collier County, Florida to -wit: Lot 8, Block 34, New Market Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 104, Public Records of Collier County, Florida Folio No.63860760103 {THIS IS A CORRECTIVE WARRANTY DEED TO CORRECT THE FOLIO NUMBER OF THE PREVIOUSLY RECORDED WARRAN'T'Y DEED DATED 7125/09 AND RECORDED IN O.R. BOOK 4381, PAGE 1948, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The Grantor warrants that the subject property is not the Grantor's homestead property. The subject property is vacantland Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoublerinnO * ** OR 4549 PG 2249 * ** 5d Agenda Item No. 17F July 27, 2010 Page 34 of 53 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Sah Barrera Wi ss Name � tit Lj n _ e • az C W tness Name: � State of Florida County of Collier The foregoing instrument was acknowledged before me this 2`;A.K day of March, 2010 by Sarah Barrcra, who U is personally known or [XI has produced a driver's license as identification. [Notary Seal] Notary .', %•x ELENA 4. LMDNER �a tr'a�`C p�+*� Romq rueac - sole or jai Printed Name: F =ur mE�.swrr.pn ?¢ i Cmmmktloe 0 DD 725046 My Commission Expires: 81 "7°A Tr"'upaRalklWMObrYAtq. State of FLORIDA Countyaf COLLIER ; " r , All I HEREBY CERTIFY THAT this js Fy' }B neCt, t_ COPY Of a docurnertt recordeo in theb rIAL RECORDS of Collier C-qunbf, T S and official seal this Date DWIGHTE.BROCKCLE3K By: Narrenry Decd - Page 2 r� •D.0 -' DoubieTime° COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET AT vA 'a/,��? = s'51N. AMANCE Agenda Item No. 17F July 27, 2010 2800 NORTH HORSESHOE DRIVFPage 35 of 53 NAPLES, FLORIDA 34104 (239) 4032400 FAX (239) 643 -6968 PETITION PRE - APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date:-/— XA-Oftme: / _zm —Assigned Planner: jOl, 4S1� - .(nz"7ff Project Name: Project Applicant Name: t6yeP_n�r4r7vP�{} Phone:--960 — eo L5 Firm: Current Zoning: Owner Name:_ Owner Address: Gf) YIP A-< _ Phone: _ Meeting Attendees: (attach Sign In Sheet) NOTES: r • If telephone pre - application meeting is held, direct the petitioner to coordinate with Linda concerning the requirement for the petitioner to send the notice letter to the surrounding property owners or to give them that information that Linda typically provides them 1 r C Agenda Item No. 17F Hage :i6 of 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 # F O COPIES NOT REQUIRED REQUIRED Com feted Application (download from website for current form) ¢� Pre-Application meeting notes Com feted Addressing Checklist, Signed by Addressing De artment 1 Conceptual Site Plan 24" x 36" and one 8 /2 " x 1 1" copy S is Survey of property showing the encroachment (measured in feet) I Owner /Agent Affidavit signed & notarized X Deeds /Legal's 1 Location map 2 Aerial photographs (taken within the previous 12 months min. scaled I 5 V'=200'), showing FLUCCS Codes, Legend, and project boundor Electronic copy of all documents and plans (CDROM or Diskette) 1 Historical Survey or waiver request Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 J� Within 30 days after receipt of the first review comment letter• 1 provide Property Owner Advisory Letter and Certification y(0 Project Narrative o c—A c - - - t S X - - -• • -•­• r­uv= w noun amger, riammng Director, City of Naples 295 Riverside Circle, Naples, FL 34102 FEES: a- 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: Agent/Owner Signature Date 2 Agenda Item No. 17F July 27, 2010 Page 37 of 53 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. cn Lo 0 00 r� s m IL r 01 Q O N M^ W N �.1 h N rl M G� G� x 0 H 0 r.. N O N LU W O C C6 V II r- W cW G W 0 W a 0 d v oG C d Q _o d 7 d 0 c a rn c 0 N W O C i O II. d c O N v! N 1 w W z z Q J CL A W z 0 V) N Q O C O Y Q u PI d O N 0 N E N fA d Q .6 W co Ln ON N 1 N Ln N 1 0% M N m` -fi E D z v C O a a 0 N 0 v v 0 w W W x z z 0 m U Mv Jan 20 09 10.33a FIRC- YJ!!!Jf 01!13!09 10:21 AM Page 7 of 8 COLLIER COUNTY GOVERNMENT AODUIRL ADDRESSING DEPARTMENT .. Agenda Item No. 17F 9416577737 JUly'dF-' —3010 From: RamirezHeather Page 39 of 53 2600 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 341 D4 E ADDRESSING CHECKLIST Please complete the tonowing and rapt to the Ark6esaprS Depantrnent at 239- 252 -5724 or submit In person to the Addressing Department at ttra above address. Form must be Signed Iry Addressing oarsarxrr M9 i0ni , Please allow 3 dav6 for proCe_ccr..+ !Qr to a ileatbn Not all Iterns win apply to every piojaeL trews In hold type are required. Forms older than 6 months win require additional review, and approval by the Add'eaniig Department 'TM14 TYPE (check patitiion Type Or d:.w. ample* a WiDaVis Ad&esskV Chei XWiO la each FletRlon ry,) Q t3L (scaring Permit) ❑ BD (9oatDook Fidension) ❑ Camrvevoircus Permmit - [] CU (Condititmal Use) ❑ tip (Excavation Parrott) ❑ FP (Final Plat ❑ Ut1141-oL1-he.Adjul" ❑ PNC (Project Name Charge) ❑ PPL(Plans B_Ptet Review) ❑ PSP (Prelimifnary Subdivision Plat) ❑ PUD Rezore Cl RZ (Standard Rene) SIP (Site Development Plan) SDPA (SDP Amendment) ❑ SDPI (Insubstantia .Change.tr SIB ❑ SIP (Site Imptovemers Plan) . ❑ SIP,(Insubstantat Charge to SIP) ❑ SNR (Street Name Change) ❑ SNC(9treet.Name.Chatge— Urplattadf [],)'DR (Transfer of Development Rights) VA (Variance) EJ VRP (Vegetation Removal Pemw) ❑ VRSFP (Vegetation Removal& Spa Fill Permit) [3 OTHER LEGAL DESCRIPTION of subject property or properties (copy na'&Vd?y descnpton may be allachao) N2XA---� 4St.t bd &kkC_ 3-C1_ FOLIO (Property ID) NUMBER(3) of above rarsa h to, p asswiate With. kaga/ rpripp If rope titan o* (o�j�Co�'1 CnbpoCo STREET ADDRESS or ADDRESSES (as appfkabie, d akvudy assgrrso • LOCATION NIAP nut be attached srmvirp exact location of projectisite in miatiOn to nearest public road right- ot.Yay • SURVEY (copy - Deeded only for unptatted properties) PROPOSED PROJECT NAME (d appicaere) PROPOSED STREET NAMES (rrappkcabliV SITE DEVELOPMENT PLAN NUMBER (hr exjsWV pro*tsJsites only) SOP - or AR a Page 1 of 2 r ]an 20 09 10132a FIRC 941SS77737 To: 6577737 Front: RaamirszReather 02/13/09 10:21 AN Page .a of 9 ADDR64 M CHECIdIST - PACE TM Agenda Item No. 17F July 2P,•AID Page 40 of 53 Projector dmbprnent names proposed for, or already appearing it, condom in d>cur rents (d application; etdkate whetter proposed or existing) Pleme Check One: ❑[�Cheeldlst is to be Faxed back 11 l n /mo-,ally Pi 4w lip J APPLICANT NAME GtXa_ PNO"234— aoo— (a13tQ FAx 234— (y5i- t137 Signature on Addressing Cheddist does not Corti bh to Project W4W Street Narne apProW and is subject to further review by the Addressing Depamment Ffl STAF 115E-IDW Primay.MM*W t bS-1�� Address Nunber t to Address Number Address Number - Amove<rbyebLnvu,8 �CQrv.., o+de: O IF OLDER THAN 6 MONINSr FORM MUST BE UPDATED OR NEW FORM SUBMITTED 6crtrMpocation FWMVAdtle5sinUChed"2jwmM.0x Page 2 of 2 Zo o IN ! ' it 1r E'� 4t v rte. ab IVK =� rj js 3i�clv 7 I ii i �%Ir� •� >� iM,��I.0 S �� � 4 .J lY T 2 L J � 2J >QfF.y +• _ 11 �Iq � ti/ I�cp; lw;x�j ;x'0,43'✓; a:, 38 �rlt.t: �;ii j I.e'I; —mil ...�— - illp FT- low CR •on - loop l 'd 9666 ON i� . t { ILHb LL667 dddH c0�d A:3 8311100 WdtiS'� 6006 W 'lt'P - v LL CD Li CD C'S �irAF m zgt� - o > Y 00 Y�a� n ��QQ558gC$g5�r�� x ■o.o@o ©4omg � o ig 'oo8w wow Wo�;� • � �u Y�� � �� �yy vj y8 0O� i-7 "�'m CSC Nv� ]G W yW, W ¢ pp YL mNIC °1< VJ ay�=1 k"n van vvvMAW� a 4 ICYI� 'T�i �,r qy -oW� �o �Eg3w_Mz 5 P 96 +a's'h x vs'm n P � a $o � .•ryh2 \ � �f� a r n <w 1 V Agenda Item No. 17F July 27, 2010 Page 44 of 53 ^the members of the Collier County Board of Commissioners This petition is for the Barrera Family residence of 202 Washington Avenue, lmmokalee Florida 34142 Additional Comments on why we added an addition to the home without pulling the proper permits 4 Sara Barrera will explain why my husband added an addition to the home located at the above address We have been renting to own this house for about eight years, paying Mrs Col /ins ,450 for rent and x`50 for insurance on the house. Everything was going well until we heard that Katrina was going to hit our southwestern area. We quickly packed a small portion of our belongings and left to Texas to stay with some family members until the storm passed. When we arrived back home, to our rs on;e, we found that our home was in total ruins due to the storm. The whole roof blown away and everything in the house was wet. By the water lines on the walls it looked like 1 ft of water -had entered the home. The house smelled of mold and mildew and you could see the mold building up on the walls FEMA came and helped us with money for food and clothing, since all our belongings were wet. They also inspected our home and realized that our home was unlivable. FEMA was going to set up a mobile home for us to live in, nevertheless, it never happened. They did help us with paying for the repairs to the roof. It was at this point 1'hat we found out thru our landlord, Mrs Collins, that the so called `insurance" we were baying for all these years, didn't even exist. Due to the fact that the house was still under Sur landlord's name, there was nothing further that FEMA could do to help us- 9nce again, we had to move to a family member's house, and stay there until we later Sought a house and moved to Lehigh. Another situation took us by surprise, / became ?regnant and had to quit my job due to my pregnancy. We couldn't keep paying the louse, as my husband was the only one working, but kept staying there Agenda Item No. 17F July 27, 2010 Page 45 of 53 In good faith, we borrow money from our neighbor with the agreement that as soon we finished paying off the home, we would sell him the lot next to his house. We decided to buy the house from Mrs Collins and pay her off. As soon as we bought the house, we started repairing what was still damaged from the Katrina storm. By this time, walls of the house were badly damaged with mold and mildew. When we were forced to move to Immokalee due to no being able to keep up with the payments, we moved to the 202 Washington home. By this time, the only livable rooms of the house were the kitchen and the livingroom. So, in our desperation to stay in the home, without risking the family's health or wellbeing, not to mention the new addition to the family, we decided to close in the carport to make it into another livable room. It seemed simple, not knowing that a# we were going to run into all these problems My husband did not know that we needed permits to close in the tarpon. Had he been a sub - contractor he would of known that permits were needed. With all this said and done, we are mercifully pleading to the Collier County Commissioners, that they grant us the ability to keep a much needed room and not tear it down. Sincerely, The Barrera Family Agenda Item No, 17' July 27, 2 Page 46 of 53 Lsue �� � �WNk PYJ4?— OA6- tw"� wxnjL t,s lcx — e9 pOcwlq-� �gc.at� e Ones O^eQ tg1�bc r c ��rerc� s Agenda 'tem No. 17F July 27, 2010 Page 47 of 53 f �GlziQ vs ��S S c c� c e cep �kbpc - _ (s U \Df- M, / ? 4 ti Agenda Item No. 17F July 27, 2010 Page »3 of 53 i i - �' I • AV • Agenda llem No. 17F July 27, 2010 Page 49 of 53 OR Ccn'�y Cc� «l�rt�ss_�ce mc� �5 �c�ce regvesk. P 4e"- \- e,i CX�& �a- 4 �Vop� • Agenda Item No. 17F July 27, 2010 Page 50 of 53 RESOLUTION 10- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -045, FOR A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE 25 -FOOT SETBACK A DISTANCE OF 8 FEET ON PROPERTY LOCATED AT 202 WASHINGTON AVENUE IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, HEREINAFTER DESCRIBED IN 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. 2004 -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, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance to permit a variance of 8 feet from the required 25 -foot front yard setback to allow an existing setback of 17 feet, as shown on the attached Exhibit "A ", in the Residential Multi - Family (RMF -6) Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; 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: VA- PL2009 -045 /202 Washington Avenue Rev.4 /19/10 1 of 2 Agenda Item No. 17F July 27, 2010 Page 51 of 53 Petition Number VA- PL2009 -045 filed by Sara Barrera with respect to the property hereinafter described as: Lot 7, Block 34, New Market Subdivision, according to the plat thereof in Plat Book 1, Page 104, Public Records of Collier County, Florida Folio No. 63860760006 be and the same hereby is approved for a variance to permit a variance of 8 feet from the required 25 -foot front yard setback, as called for in Land Development Code Section 4.02.0LA, Table 2.1, to allow an existing setback of 17 feet, as shown on the attached Exhibit "A ", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of , 2010. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA M , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams S-r I . Assistant County Attorney Attachment: Exhibit "A" - Site Plan CP \09 -CPS- 00955/29 IN FRED W. COYLE, Chairman VA- PL2009 -045 /202 Washington Avenue Rev.4 /19/10 2 of 2 Y R+ j E .. . a A t .d YI EN' PPP ■J�OISV Q��psd}Try� Mf 2� i� y,� y A � @p a At e � ° �� �yr h � b All r 84 V 4h d�♦ W � 10, 4. \\ i 9 V N z �M w 6 Ntl m t '// 5�f�.1� b� / t•. I j � d � ' � a Al i d N LR TZ x W Agenda Item No. 17F July 27, 2010 20D • Sunday, July 11, 2010 • Naples Daily News r aoe 53 of 53 r . , , , NOTICE OF PUBLIC HEARING 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, July 27, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI- DA, RELATING TO PETITION NUMBER VA- PL2009 -045, FOR A VARIANCE TO PERMIT AN ENCROACHMENT INTO THE 25 -FOOT SETBACK A DISTANCE OF B FEET ON PROPERTY LOCATED AT 202 WASHINGTON AVENUE IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST, IMMOKALEE, HEREINAFTER DESCRIBED IN COLLIER COUN- TY, FLORIDA. Petition: VA- PL2009 -045, Sara Barrera is requesting an after- the -fact variance of 8 feet from the required minimum front yard setback of 25 feet in a Residential Mul- ti- Family (RMF -6) Zoning District as provided for in Section 4.02.01.A. Table 2.1, of the LDC. The 0.34 +/- acre site contains a single family dwelling that encroaches 8 feet into the required 25 -foot front yard setback reducing the front yard setback to 17 feet. The sub "ect property is located at 202 Washington Avenue, in Section 33, Township 46 Soutz Range 29 East, Immokalee, 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: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. In- dividual speakers will be limited to 5 minutes on any Item. The selection of an II • victual 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 min - utes 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 proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, -which record includes the testimony and evi- dence upon which the appeal is based. If You are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OE COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By Martha Vergara, Deputy Clerk (SEAL) July 11 2010 N IRS C99