HEX Final Decision 2019-08 HEX NO. 2019—08
HEARING EXAMINER DECISION
PETITION NO. VA-PL20180002673 — Amanda and William Carey request a variance
from Section 4.02.01 A., Table 2.1, to reduce the minimum front yard setback from 25 feet
to 13.4 feet for an existing single family home, from 25 feet to 11.4 feet for a roof overhang
on the home, and from 25 feet to 16 feet for a proposed pool screen enclosure expansion for
property located at Lot 1, Block 6, Bonita Shores Unit No. 1, also known as 108 2"d Street
in Bonita Springs, on the southwest corner of Valley Drive and 2nd Street, approximately
500 feet south of Bonita Beach Road, in Section 5, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 0.26± acres.
DATE OF HEARING: February 14, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No objections have been received concerning this application. The hearing was attended by the
applicant and additional members of the public, no opposition was noted.
The principle structure was permitted in 1976. Part of the lot improvements were damaged
during Hurricane Irma, necessitating the need for partial rebuilding. In the process of permitting
repairs, it was discovered that the principle structure's setback is inconsistent with current
setback standards. As a result, the applicant proceeded with a variance request for the existing
principle structure as well as a replacement accessory structure. The accessory structure will not
exceed the setback established by the existing principle structure and as included in this variance
request.
This is a corner lot created at the intersection of two internal neighborhood streets with localized
traffic. The distance from the edge of pavement to the principle structure on the side of the lot
with the setback issue is approximately 40 feet. Because a corner lot has two front yard
setbacks and those setbacks are measured from the right-of-way line and not the asphalt, one of
the front yard setbacks was found insufficient.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180002673 filed by William
Carey and Amanda Carey, for a variance from LDC Section 4.02.01 A., Table 2.1, to reduce the
minimum front yard setback from 25 feet to 13.4 feet for an existing single family home, from
25 feet to 11.4 feet for a roof overhang on the home, and from 25 feet to 16 feet for a proposed
[18-CPS-01821/1461489/1]30 1 oft
pool screen enclosure expansion, on property located at 108 2nd Street, Bonita Springs, Florida,
and further described herein, as shown in the proposed site plan attached as Exhibit "A", and as
subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—proposed site plan(revised 11/27/18)
LEGAL DESCRIPTION: Lot 1, Block 6, BONITA SHORES UNIT NO. 1, according to the
Plat thereof, recorded in Plat Book 3, page 1, of the Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
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Date Mar Strain, Hearing Examiner
Appr ed as to orm and legality:
aria
Scott A.• e
Assistant County Attorney
[18-CPS-01821/1461489/1]30 2 oft
Proposed Site Plan
108 2nd St
Bonita Springs, Fl 34134
Revised 11/27/18
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