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Agenda 01/13/2009 Item #17AAgenda Item No. 17A January 13. 2009 Page 1 o'60 EXECUTIVE SUMMARY VA- 2008 -AR- 13568: Robert Oster, Trustee, represented by Clay Brooker, Esquire, is requesting a 14 -foot 1.25 inch variance from the required rear yard setback of fifteen feet as specified in the Naples Bath and Tennis Club PUD (Ordinance No. 81 -61) to allow a rear yard accessory structure setback of 10.75 inches to allow construction of a screen enclosure over an existing pool and patio. The subject 0.32 -acre parcel is located on the west side of Airport- Pulling Road (CR 31) and approximately % mile south of Pine Ridge Road (CR 896). More specifically the property is located at 540 Bald Eagle Drive, in Section 14, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above referenced Variance petition and render a decision pursuant to Section 9.04.00 of the Land Development Code (LDC). CONSIDERATIONS: The petitioner is requesting a proposed variance of 14 feet l Y inches from the required rear yard accessory structure setback of 15 feet, to allow a setback of 101/4 inches, as provided for in Section 5.5.5.0 in the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ordinance No. 81 -61). The requested action (if approved) would allow construction of a screen enclosure over an existing pool and within 10% inches from the rear property line which is adjacent to a common area that includes a lake. The petitioner also seeks approval of an after -the -fact variance to allow a rear yard setback encroachment of 14 feet 1.25 inches for a pool and patio deck that has existed for over 25 years. According to the petitioner's agent, the applicant purchased the property in 2006, and the applicant has stated that the pool and patio deck already existed in their present location; staff has verified that statement via aerial photos from the Collier County Property Appraiser website. The petitioner also contends that there was a screen enclosure around the patio deck at one time, but it was removed. According to the petitioner's agent, based upon conversations with neighbors, the screen enclosure was removed between 1994 and 2000. In the year following the purchase of the property, the applicant intended to re- install the screen enclosure and hired a contractor to do so. The applicant learned of the encroachment for the First time when the County refused to issue a permit for the installation of the screen enclosure due to the encroachment. According to Collier County Property Appraiser records, a permit for the house was issued in 1979, with the house construction done in the next year (Permit Number 79- 4713). Two years later, the County issued Permit Number 82 -4271 for the pool, followed by Permit Number 82- 5105 for the screen enclosure. A certificate of occupancy for the screen enclosure was issued on March 1, 1984. VA- 2008 -AR- 13568: Robert Oster, Trustee Page 1 of Executive Summary for January 13. 2009 A'-nda .ten td0. 17A January '13.2099 P�ge 2 of 60 As described in the staff report. Section 9.04.01 of the LDC gives the BZA the authority to grant variances. Staff has analyzed this petition relative to the provision of Section 9.04.03.A through H and has provided a response as noted in the attached staff report. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: Approval of this Variance would not affect or change the requirements of the Growth Management Plan. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this Variance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition as they do not normally hear Variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCP(.) RECOMMENDATION: The CCPC heard petition VA- 2008 -AR -13568 on December 4, 2008, and by a vote of 8 to 0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approved subject to the following condition: The variance granted is limited to what is depicted and described in the applicant's site plan, prepared by Barnett Design Studio, 1ne., entitled, "Proposal for Screen Enclosure Site Phan " last revised as "Screen Submittal " on October 11, 2007. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a variance to allow a rear yard accessory structure setback of 10.75 inches. The granting of such a variance is permitted under LDC Section 9.04.02. The staff report and recommendations of the Planning Commission are advisory only and are not binding on [lie BZA. Decisions regarding variances are quasi - judicial, and all testimony given VA- 2008 -AR- 13568: Robert Oster, Trustee Page 2 of 4 Executive Summary for January 13, 2009 r.gen a !t =m No. 17A January 13, 2009 Pale 3 of L0 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 the BZA may question the Petitioner or staff to ensure 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" the BZA "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 the BZA consider denying the variance, to assure that that the 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. Approval of this request requires three affirmative votes of the BZA. 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. 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 properly 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 pt'esen es, lakes, golf course, etc. S. Granting the variance will be consistent with the GMP. This matter is quasi - judicial and does not require a supennajority. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for BZA action. - STW VA- 2008 -AR- 13568: Robert Oster, Trustee Page 3 of 4 Executive Summary for January 13, 2009 Agenda !tem No. 17A January 13, 2009 Page 4 of 60 RECOMMENDATION: Staff recommends that the Board of Zoning Appeals (BZA) approve Petition VA- 2008 -AR- 13568 subject to the following condition: The variance granted is limited to what is depicted and described in the applicant's site plan, prepared by, Barnett Design Studio, Inc., entitled, 'Proposal for Screen F.nclosure- Site Plan "last revised as `Screen Submittal" on October 11, 2007. PREPARED BY: Kay Deselem, ACIP, Principal Planner Department of Zoning and Land Development Review VA- 2008 -AR- 13568: Robert Oster, Trustee Page 4 of 4 Executive Summary for January 13. 2009 Page 1 of 2 Agenda Item No. 17.A January 13. 2009 Page 5 of 60 file: / /C:AA,,endaTest \Exoort\ 121- .lanuaty% 2013.% 202009 \17. %20SUMMARY%20AGEND... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17A Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members VA- 2008 -AR- 13568: Robert Oster, Trustee represented by Clay Brooker, Esquire, is requesting a 14 -foot 125 inch variance from the required rear yard setback of fifteen feet as specified in the Naples Bath and Tennis Club PUD (Ordinance No. 81 -61 ) to allow a rear yard accessory structure setback of 10.75 inches to allow construction of a screen enclosure over an existing pool and patio. The subject 0.32 -acre parcel is located on the west side of Airport - Pulling Road (CR 31) and approximately mile south of Pine Ridge Road (CR 896). More specifically the property is located at 540 Bald Eagle Drive, in Section 14, Township 49 South, Range 25 East, Collier County. Florida- (CTS) Meeting Date: 1/13,'2009 9.00.00 AM Prepared By Kay Deselem, AICP Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review /2812008 12:18:29 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 12/912008 8:25 AM Approved By Ray Bellows Chic` Planner Date Community Development & Environmental Services zoning & Land Development Review 1219/2008 9:17 AM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services 12,'9!2008 8:59 AM Environmental Services Admin. Approved By Steven Williams Assistant County Attorney Date Attorney's Office Attorney's Office 12/1012008 10:11 AM Approved By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 12/18!2008 2:32 PM Approved By Joseph K. Schmitt Community Development & pafe Environmental Services Adminstrator Community Development & Commumty Development & Environmental Services 12/18!2008 3:45 PM Environmental Services Admin. Approved By -- Nick Casalanowda BAPO Director D,rL Trensper` r~n Services ;_.[ -.. Approved By file: / /C:AA,,endaTest \Exoort\ 121- .lanuaty% 2013.% 202009 \17. %20SUMMARY%20AGEND... 1/7/2009 PaL *e 2 of 2 Agenda It?m No. 17A January 13, 2009 Page 6 of 60 Susan Istenes, AICP Zoning & Land Development Director Date Community Development 8 Zoning & Land Development Review 12/1912008 10:20 AM Environmental Services Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 12/19,'2008 3:56 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 1211912008 4:59 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12(29;2008 10:25 AM Commissioners file: / /C:AA,,endaTest \Export\ 12 I - .lanuary ; %2013. ° /, 202009 \17. "ln?OSU MMARl'0io20AGEND... 1/7/2009 Agenda Item No. 17A .January 13, 2009 Page 7 of 60 fA: Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 4, 2008 SUBJECT: VA 2008 -AR- 13568, ROBERT OSTER, TRUSTEE VARIANCE PROPERTY OWNER/AGENT: Owner: Robert Oster, Trustee Living Trust Agent: Clay C. Brooker, Esq. Robert Oster Living Trust Cheffy, Passidomo, Wilson & Johnson, LLP 540 Bald Eagle Drive 821 Fifth Avenue South, Suite 201 Naples, FL 34105 Naples, Florida 34102 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a variance of 14 feet P/a inches from the required rear yard accessory structure setback of 15 feet, to allow a setback of I0% inches, as provided for in Section 5.5.5.0 in the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ordinance No. 81 -61). The requested action (if approved) would allow construction of a screen enclosure over an existing pool and within 10' /a inches from the rear property line which is adjacent to a common area that includes a lake. GEOGRAPHIC LOCATION: The subject PUD is located on the west side of Airport Road, between Pine Ridge Road and Golden Gate Parkway. The specific lot and subject property for this variance is located at 540 Bald Eagle Drive, in Section 14, Township 49 South, Range 25 East, Collier County, Florida. (See locution map on following page) Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 1 of 8 A;gerir +a '13m No. 1 %A Jam- -�ry 13, 20n9 P", ;e 8 of 60 PURPOSE /DESCRIPTION OF PROJECT: This application seeks approval of an after -the -fact variance for a residential lot that is zoned PUD and is located in the Naples Bath and Tennis project that was approved in Ordinance Number 81 -61, a copy of which is included in the application material. The relief sought is to allow a rear yard setback encroachment of 14 feet I % inches for a pool and patio deck that has existed for over 25 years. In addition, a proposed variance of 14 feet 1' /o inches from the required rear yard accessory structure setback is sought to enclose the existing pool and deck with a screen cage. According to the petitioner's agent, the applicant purchased the property in 2006, and he has stated that the pool and patio deck already existed in their present location; staff has verified that statement via aerial photos from the Collier County Property Appraiser website (see below). Property Appraiser 2001 Aerial Photo The petitioner also contends that there was a screen enclosure around the patio deck at one time, but it was removed. According to the petitioner's agent, based upon conversations with neighbors, the screen enclosure was removed between 1994 and 2000. In the year following the purchase of the property, the applicant intended to re- install the screen enclosure and hired a contractor to do so. The applicant learned of the encroachment for the first time when the County refused to issue a per it for the installation of the screen enclosure due to the encroachment. According to Collier County Property Appraiser records. a permit for the house vN as issued in 1979. with the hou,Cc construction dnnC ill the neCt ye;ir ( Permit Ntimher 79-713). Tvn,in veaiG later, the County issued Permit Number 82 -4271 for the pool, followed bv Permit Number 82- 5105 for the screen enclosure. A certificate of occupancy for the screen enclosure \� as issued on Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 2 of 3 Agenda Item No. 17A January 13, 2009 Page 9 of 60 March 1, 1984. SURROUNDING LAND USE & ZONING: North: Common Area Tract I (a lake) within the Naples Bath and Tennis Club, with a zoning designation of PUD East: A single - family home within the Naples Bath and Tennis Club, with a zoning designation of PUD South: Bald Eagle Drive, then a recreational tract (tennis courts) within Pinewood subdivision West: A single- family home within the Naples Bath and Tennis Club, with a zoning designation of PUD COMMON pREp rRACr Subject Property L'if a�P e.9la.:+?a'rae r2x rae P,d 'J9 3 t.CG a'J 'a Nss ir' H90" °?V 6a a. s,y1 - r Excerpt from Condo Book 9 Page 13 3?! 1 f.SA .P' Cy'95 CASE rr' fy uu7y 5c 27 '�,P�r: c =m¢s s•. :1343 Jo' C> ar, s,r3' ez . J GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• The subject property is located within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the GMP. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units per acre (DU /A). This district is intended to accommodate a variety of Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 3 of 8 Agenda Item No. 17A January 13. 2009 Page 10 of 50 residential and non- residential uses, including mixed -use developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the FLUM and described in the Future Land Use Element (FLUE), so it is subject to a 1 DU /A reduction from the base density of four DU /A and is not eligible for any density bonuses. Therefore, the current project density of 3.36 units per acre would not be consistent with the FLUE if the PUD was a newly proposed project. Base Density 4 du/a Traffic Congestion Area -1 du'a Total Eligible Density 3 du /a However, this is an existing and developed project. The Naples Bath & Tennis Club PUD was approved pursuant to Ordinance Number 81 -61. The PUD was therefore deemed consistent with the 1989 FLUE via Policy 5.9 ( "improved property"). Pursuant to FLUE Policy 5.1, changes to this PUD may be deemed consistent with the FLUE so long as the overall density or intensity of use is not increased. The GMP does not address individual variance requests, but deals with the larger issue of the actual use. The variance proposed will not increase the density, therefore the petition can be deemed consistent with the GMP. 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? Yes. County records indicate that the pool and patio have existed since approximately 1982 with the benefit of the required county issued permits. Further, county records show that a screen enclosure was permitted by the County in 1982. According to the petitioner, the screen enclosure received a certificate of occupancy from the County in 1984. The petitioner has indicated that some time between 1994 and 2000 the screen enclosure was removed for unknown reasons by a predecessor owner. The applicant desires to re- install the screen enclosure as it existed for over ten years. The rear yard of the lot abuts a common area tract, comprised of a lake and upland buffer (grassy) area; there are no residential lots abutting the setback line where the variance would be applicable. 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. As previously explained, the petitioner purchased the property in 2006 with the pool and deck already in place and with the expectation of replacing the screen enclosure that iiad been removed. The owner assumed that the screen enclosure was still permittable. Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 4 of 8 Agenda Item No. 17A January 13, 2009 Page 11 of 60 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. As stated above, the pool and patio were installed by a predecessor owner. The applicant will be forced to bear undue hardship if a variance is not granted because he would be required to remove the pool and patio and obviously would not be able to construct a screen enclosure. The petition provides the following statement relative to the need to receive a variance to allow construction of a screen enclosure: ... failure to grant a variance will create practical difficulties on the applicant. Animal feces appear frequently in or near the pool, resulting in a sanitary hazard. In addition, the applicant's wife has an allergic reaction to certain insect bites (sometimes requiring a trip to the emergency room). A screen enclosure will provide general safety from the pool and keep animals and insects out of the pool /patio area, thereby relieving the applicant of these sanitary and health difficulties. Staff believes the explanation constitutes an adequate practical difficulty to allow staff to support the variance to allow construction of a screen enclosure within the prior footprint, to support the variance to allow the existing deck and pool to remain. Although a fence could be placed along the rear property line, the fence would block the petitioner's view of the lake and would not resolve the insect problem. 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 site is currently occupied by a single- family home, thus a "reasonable use of the land" does exist. Even if the deck and pool were required to be removed if a variance is not approved, the petitioner would still have "reasonable use of the land." 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? By definition, a variance grants an exception to a zoning regulation that would otherwise apply. However, the circumstances of this petition warrant the variance approval. In addition, while variances are site specific and do not set a precedent for other variances, it should be noted that the County has granted two other variances to allow reduced rear setbacks to allow construction of a pool/deck /enclosure in Resolution # 90 -507 and Resolution #99 -79 (copies attached) on lots 14 and 18. The lots affected by those two actions are reflected on the next page as V -2 and V -6. Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 5 or 8 Agenda Item No. 17A January 13, 2009 Page 12 of 60 V13 MAPLES 6G.TM & TENNIS CLUB` Subject pro[erty 1 14 V) ,c UNIT B _ — - 22 �� -�— BALD E ".G-E DPI4'E Excerpt from Zoning Base Map (Subject property is Lot #20) The aerial seems to indicate the possibility that accessory structures on other lots may not meet the required rear lot setback; however staff is limiting the discussion in this staff report to the lot identified in this petition and is not evaluating the validity of any other existing structures on other lots. f. will granting the Variance be in harmony with the general intent and purpose of this Land Development lode, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The homeowner's association as well as the abutting neighbor on both sides has provided statements of no objection to granting of this variance (copies have been included in the application material). Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 6 or 8 Agenda Item No. 17A January 13, 2009 Page 13 of 50 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. No other lot owner or home owner would be negatively impacted if the variance requested is granted because the setback for which the reduction is sought is bordered by common area which is developed as a lake. The petitioner could not seek to meet the required setbacks by procuring additional land. h. Will granting the Variance be consistent with the Growth Management Plan? Yes. The subject site is located within the Urban (Urban - Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the GMP which allows the existing residential development and the overall PUD zoned project was deemed consistent with the 1989 FLUE via Policy 5.9 ( "improved property "). Pursuant to FLUE Policy 5.1, changes to this PUD may be deemed consistent with the FLUE so long as the overall density or intensity of use is not increased. The variance proposed will not increase the density, therefore the petition can be deemed consistent with the GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. Since the subject variance does not impact any preserve area, the EAC did not hear this petition. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- 2008 -AR -13568 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following condition: 77te variance granted is limited to what is depicted and described in the applicant's site plan, prepared by Burnett Design Studio, Inc., entitled, "Proposal, for Screen Enclosure — Site Plan " last revised as "Screen Submittal " on October ll. 2007. PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Page 7 of 8 Agenda !tern 111o. 17A �'anuary 13, 2009 Page 14 of 60 REVIEWED BY: STEVEN T WILLIAMS DATE ASSISTANT COUNTY ATTORNEY RAYMOND V. BELLOWS, ZONING MANAGER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN DATE Staff report for the December 4. 2008 Collier County Planning Commission Meeting Tentatively scheduled for the .January 13, 2009 Board of County Commissioners Meeting Attachments: Site Plan Resolution 90 -507 Resolution 99 -79 Oster Variance, VA- 2008 -AR -13568 December 4, 2008 CCPC Face 8 or 8 Agenda Item No. 17A January 13, 2009 ' Page 15 Of 60 - RESOLUTION 90- 507 RELATING TO PETITION NUMBER V- 90 -14, FOR A VARIANCE ON PROPERTY 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 Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 2.5 foot side yard variance from the required 10 foot side yard setback and a 5 - foot rear yard setback variance from the required 15 foot rear yard setback as shown on the attached plot plan, Exhibit "A" in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 11.1.b of the Zoning Regulations 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 'y of Collier County, Florida, that the Petition V -90 -14 filed by Gale Graham of Gulfside Pools, Inc., representing Robert Hall with respect to the property hereinafter described as; Lot 14, Unit "S ", Naples Bath & Tennis Club, Section 14, Township 49 South, Range 25 East, Collier County, Florida be and the same hereby is approved for a variance of 2.5 foot Agenda !tern No. 17A January 13 2069 Page 15 of 60 from the required 10 foot side yard setback and a 5 foot rear yard setback variance from the required 15 foot rear yard setback as shown on the attached plot plan, Exhibit "A" of the PUD zoning district wherein said property is located, subject to the following conditions: EXHIBIT "B" BE IT RESOLVED that this Resolution relating to Petition Number V -90 -14 be recorded in the minutes of this Board. Commissioner _Shanahan offered the foregoing Resolution and moved for its adoption, seconded by Commissioner i __Saunders and upon roll call the vote was: AYES: Commissioner Shanahan, Commissioner Saunders, Commissioner Volpe, NAYS: Commissioner Goodnight, and Commissioner Hasse ABSENT ANn NOT VOTING: ABSTENTION: Done this 2a day of October , 1990. o: ATTEST: '?, BOARD OF ZONING APPEALS JAMES G. GILE�S,. -CLERK COLLIER COUNTY, COUNTY, FLORIDA NAX. ' HASS� APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4 ORI STUD �13{���y f01- ASSISTANT COUNTY ATTORNEY V V -90 -14 RESOLUTION nb /4158 _Z_ 0 r l Agenda !tem AF17A Vanua y 13, 2009 Page 17 of 60 Fw � yt r fc �• ,r � i, r iy �M1j'�� � w.. - .'�' Fw Lriuiry ?3, 2009 Ps7,0cf30 RESOLUTION NO, 99- 79 RELATING TO PETITION NUMBER V- 98 -20, FOR A VARIANCE ON PROPERTY 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 (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 10.3 -foot variance from the required 15 -foot rear yard accessory structure setback feet to 4.7 feet as shown on the attached plot plan, Exhibit "A ", in a "PUD" Zone 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 2.7.5 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: The Petition V -98 -20 filed by Roger Hill, representing Lowell W. and Claudia G. Newton, with respect to the property hereinafter described as: r Lot 18, Naples Bath S Tennis Club, Unit B, as recorded in Plat Book 9, Page 64, of the Public Records of Collier County, Florida. -i- Agenda Item No. 17A January 13, 2009 Page 19 of 60 be and the same hereby is approved for a 10.3 -foot variance from the required 15 -foot rear yard accessory structure Setback to 9.7 feet as shown on the attached plot plan, Exhibit "A ", of the "PUD" Zoning District wherein said property is located, subject to the following conditions: 1. Hedges, bushes and /or trees shall be planted along the northeast portion of subject Lot le in a manner consistent with and similar to the vegetation planted along the northwest portion of Lot 18, BE IT RESOLVED that this Resolution relating to Petition Number V -90 -20 be recorded in the minutes of this Board. This Resolution_ adopted after motion, second and majority vote. Done thisG1-11 day of 1999. ATTEST:,S14 'b U•,yr" BOARD OF ZONING APPEALS D E': BROCKC'JClerk COLLIER COUNTY, FLORIDA ft •�. fit` ' +t PAMELA S. MAC'KIE,C IRWOMAN AQpra}!ed. a's,,t ov�iYtm''and Legal Sufficiency: r4A Marj ie M. Stu ent Assistant County Attorney f /V -98 -38 PL =TrON 2- Agenda Item NM17.A January 13'7009 , Page 20 of 60 L /f' /.1'C L /A'E rAi annr. !! ru< /nnn PERMfr .. G. C SP�'NC�'R & jSS(JC. I O 1 - S B4700O •• E V 98 -520 CRY WATER AND SEWER PAT IO AntA 986 50. FT TOTAL AREA 986 S0. FT DATE: 8/26/98 Joe r 9WIP Exhibit "A" PLOT PLAN PREPARED FOR ROOEH HILL HEALTy DESCRIPTION GOT 18 121r -I.ES 3JTlr :4' TE,1'n IS CLLIR !T B SCALE I' • 30' PREPARED BY CEORCE C, SPENCER, JR. 27030 PINE AVENUE BONITA SPRINGS. FL 34135 PHONE t94❑ 591 -2239 n Ism n AlYA �ery�rL PROPOS£0 t POOL AND e. A AREA 4 ! /61 Z ' /Ol S1 lL /ILR %0 /!S X.YILILO lRly y b4 FIXVrENt N £X Sr /NC oN£ sroRr R£s/oL'NC£ �sao I1'L LOT /A C -. '—° �_`�` /'• LOP n I W� � fYNOIERII �.� �E04 s i YI1X LO Xv TZ L4 fO � , R /IrA LOCL r' OL /YLIIY; 1 ` IIT Ai Tf SOUIM O � Sa OF OAR ___ Wly ❑ '_. DOINT OF Eq .I SVT D Tv 00 N B�yp•00" I' �'ODVE TO 1 DM TO pf! J619' LS' L•I/RYCL ' --' a3D5i5r ei rDyv RECEIVED Q -4L1J F,'gCGr, JIPIU� OCT 011998 - g•RB'A!' "TANNING SMME9 A A - �f oo• ce = ✓ I S<z!' w PLOT PLAN Tn!! /S NOT 1a1..11zr A BOUNDAAr SURV6T. ?N/S !1 YAINLT !0A'PROPOSINc rNv .o ...ON c/ N(r CONirxucriVN, V 98 -520 CRY WATER AND SEWER PAT IO AntA 986 50. FT TOTAL AREA 986 S0. FT DATE: 8/26/98 Joe r 9WIP Exhibit "A" PLOT PLAN PREPARED FOR ROOEH HILL HEALTy DESCRIPTION GOT 18 121r -I.ES 3JTlr :4' TE,1'n IS CLLIR !T B SCALE I' • 30' PREPARED BY CEORCE C, SPENCER, JR. 27030 PINE AVENUE BONITA SPRINGS. FL 34135 PHONE t94❑ 591 -2239 Q m O CID r0— N O N � m -O (0 N m Q D[-'a o) avoe 9umna- �boabro 11b1 31913 611. —T- 06 J � p 3rv11 -veuoods IN oa I a C LL -( jj� IY> 3nie0 3n13 ene 9�-aIWN 3x11 3err�saoax 'T"r """'O -- z 0 N I.c1� G 0 Q m 0 M' ((I Q 0 o. N Q Z O F Wi — � W I oroe uoss .xn. s O :S a a Ek gg — nl °n6 a.ov �l a ' Id s I as y wl ;ode z 0 N I.c1� G 0 Q m 0 M' ((I Q 0 o. N Q Z O F Wi FTFFTTT SG2I! < -; � % / § - ® # . /. [ ` K= / \( O 0103 " / \ = .! � ( \! . / \£ �a��/ {\ \({ ! ° � f \� \ §/ (F \ O 0103 " / \ = .! / �a��/ {\ A z§ e � \ (F \ ! ;, 2 i / �a��/ {\ A z§ e � \ < do 1 Z) Lij Iq O (r) L,J LLJ LL -C! C) cz: O _j LL O IL LL CO uj Q-- LLJ u) ter. c O Q) 7 4 (' w Inca Item hdo. 17A January 13. 2009 Palo 24 of 50 RESOLUTION 09- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA- 2008-AR- 13568, FOR A VARIANCE FROM THE REQUIRED 15 -FOOT REAR SETBACK FOR A SCREEN ENCLOSURE OVER AN EXISTING POOL AND PATIO OF 14 FEET, 1.25 INCHES AT 540 BALD EAGLE DRIVE, WITHIN THE NAPLES BATH AND TENNIS CLUB PUD, SECTION 14, TOWNSHIP 49 SOUTH, RANGE 25 EAST, 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 Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from the required 15 -foot rear setback for a screen enclosure of 14 feet, 1.25 inches for an existing pool and patio as shown on the attached site plan Exhibit "A ", in the Naples Bath and Tennis Club PUD (Ordinance No. 81 -61) at 540 Bald eagle Drive, also referred to as Lot 20, Unit B, Section 14, Township 49 South, Range 25 East, Collier County, Florida, 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: Page 1 of2 Agenda Item No. 17A January 13, 2009 Page 25 of 60 The Petition VA- 2008 -AR -13568 filed by Clay C. Booker of Cheffy, Passidomo, Wilson & Johnson, P.A., representing Robert Oster as Trustee of the Robert Oster Living Trust, with respect to the real property hereinafter described as: Family Living Unit No. 20, NAPLES BATH AND TENNIS CLUB, UNIT B, a Condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 632, Pages 179 through 231, of the Public Records of Collier County, Florida be and the same hereby is approved for a variance from the required 15 -foot rear setback for a pool and screen enclosure of 14 feet 1.25 inches as shown on the attached site plan, Exhibit "A ", of the Naples Bath and Tennis PUD Zoning District wherein said property is located, subject to the following conditions: 1. The variance granted is limited to what is depicted and described in the applicant's site plan, prepared by Barnett Design Studio, Inc., entitled, "Proposal for Screen Enclosure —Site Plan" last revised as "Screen Submittal" on October 11, 2007. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA -2008- AR -13568 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this of 2009 ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams S r� Assistant County Attorney Attachment: Site Plan BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA RA Page 2 oft TOM HENNING, Chairman day January 13, 2009 Page 26 of 60 CONDITIONS OF APPROVAL VA- 2008 -AR -13568 The foregoing variance petition approval is subject to the following condition: The variance granted is limited to what is depicted and described in the applicant's site plan, prepared by Barnett Design Studio, Inc., entitled, "Proposal for Screen Enclosure —Site Plan" last revised as "Screen Submittal" on October 11, 2007. Drafted 10/30108 EXHIBIT C U� ��a2a X a W K. Q• Z U 0 0 L } U O a � �aya� a� yti� NO) NOi0 -Roo, N Z 144.bt \ -' _o a� u2 (1 � LL V aZW ggBc I €g F E r� 1�g= SI s< c m Q U� ��a2a X a W K. Q• Z U 0 0 L } U O a � �aya� a� yti� NO) NOi0 -Roo, N Z 144.bt \ -' _o a� u2 (1 � LL V aZW ggBc I €g F E r� 1�g= COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW W W W.COLLIERG O V.NET Agenda Item No. 17A January 13. 2009 Page 28 of 60 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6968 PETITION NO (AR) PROJECT NAME VA-2008-AR-13-968 REV: t PROJECT NUMBER OSTER VARIANCE PROJECT: 2008020036 DATE PROCESSED DATE: 7/29/08 DUE: 8/12/08 ASSIGNED PLANNER Above to be completed by staff . `IAPPLICANT %AGENT INFORMATION NAME OF APPLICANT(S) ROBERT OSTER LIVING TRUST (ROBERT OSTER, TRUSTEE) ADDRESS 540 BALD EAGLE DRIVE, NAPLES, FL 34105 TELEPHONE # (239) 649 -8427 CELL # FAX # (239) 649 -8780 E -MAIL ADDRESS: . NAME OF AGENT CLAY C BROOKER, ESQ. ADDRESS 821 FIFTH AVENUE SOUTH, STE. 201, NAPLES, FL 34102 TELEPHONE # (239) 261-9300 CELL # FAX # (239) 643 -3558 E -MAIL ADDRESS: CCBROOKER(dtNAPLESLA`+V.COM '!- PROPERTY DESCRIPTION'—!' Legal Description of Subject Property: Section /Township /Range I4/495/25E Property I.D. #: 60930800006 Subdivision: Naples Bath and Tennis Club Unit B Lot: 20 Block: Metes & Bounds Description: n/a Acreage: 0.32 Address of Subject Property (If different from Pefitiaia,'s address) BE AWARE THAT -COLLIER COUNTY HAS L068Y)a REGULATIONS. rQZ GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. rv_niih ^, ('n Cnl� :�ppiknpei 2G ?u. Agenda Item No. 17A January 13, 2009 j Page 29 of 60 Complete the following for all registered Associations) 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 htfo:Z/www-collierciov.net/Index.ps r)x2oac;e.=774 NAME OF HOMEOWNER ASSOCIATION: NAPLES BATH AND TENNIS CLUB, UNIT B, INC. (C /O ALLEN PROPERTIES) MAILING ADDRESS 3050 NORTH HORSESHOE DRIVE, #172 CITY NAPLES STATE FL ZIP 34104 NAME OF HOMEOWNER ASSOCIATION: NAPLES BATH AND TENNIS CLUB COMMONS AREA, INC (C /O ALLEN PROPERTIES) MAILING ADDRESS 3050 NORTH HORSESHOE DRIVE, #172 CITY NAPLES STATE FL ZIP 34104 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 STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ADJACENT ZCiNING.AND LAND USE Zoning Land Use N PUD Residential S RMF -16 Residential E PUD Residential W PUD Residential 1 Minimum Yard Re uiremenIs for Sable Properly: Front: 35' Corner Lot: Yes i No Q Side: 10' Waterfront Lot: Yes E>3 No ❑ Rear. 20' (but 15' for screen- enclosed cook /patios) BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION 15 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. ',Collier Coaniy Ap�lic.:tiat 2008 A 'a Item No. 17A i .January 13. 2009 Page 30 of 60 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 sirudure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. �i For projects authorized under LDC Section 9. 04.02, provide detailed description of site alterations, including any dredging and Filling. Please see Exhibit A, attached hereto. I 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. Yes. County records indicate that the pool and patio have existed, in their present location, since approximately 1982. Further, records show that a screen enclosure was permitted by the County in 1981 The screen enclosure received a certificate of occupancy from the County in 1984. We have been told that, some time between 1994 and 2000, the screen enclosure was removed for unknown reasons by a predecessor owner. The applicant desires to re- install the screen enclosure us it existed for over ten yeas. The rear yard of this lot abuts a common area troct, ycomprised of a lake and upland buffer (prosy) area, i. 2. Are there special conditions and circumstances whidt do not result from the action of the applicant such as pre - existing conditions relative to the property which is the subjed of flip, variance request. Yes. As stated obove, the pool and patio fond now - removed screen enclosure) were installed by o predecessor owner- The applicant Learned of the encroachment into the rear yard setback only after an applying for a permit to i install the screen enclosure. i3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue i hordlhip on the applicant or creole practicol difficulties on the applicant. Yes. As stated above, the pool and potio were instalied by a predecessor owner. The applicant will be forced to bear significant, unfair, unnecressary and undue hardship if no variance is grouted (thereby requiring removal of the pool and pnfio). With reoard to the screen enclosure, failure to grant a variance will create practical difficulties on the applicant. .Animal feces appears frey.rently in or near the pool, resulting in a sanitary hazard. In addition, the applicants wife flat on allergic reaction to csrtain insect bites (some =.nnes requiring a trip to the emergency room). A screen enclosue will provide general sofely from the paaf and keep onimals and insects out of the poo111patio area, thereby relieving the opplicont of these sanitary and health diffiuAties. 4. Will the variance, if granted, be the minimum variance that will mulFae prnible the ea,onatde use of the land, building or structure and which promote standards of health, safety or wn1fore. The poel and paGa err;. The var once requested simply corrasponds with .he existing encroachment. 5, AHill granting the variance rego?sted con`er cn the petitioner any special privilege that is denied by these zoning regulations to oil':er lands, bufldings, ar structures in flee vim= zoning dkirid_ :110 i i Agenda Item No. 17A By definition, a variance grants an exception to a zoning regulation that would otherwise apply. HoweviarMBary 13, 2009 Page 31 of 60 circumstances here warrant the variance. It should also be noted that the County granted a variance for a pool -- ! encroachment into the rear yard setback for at least one other lot in this neighborhood (Resolution 99 -79, Lot I8), 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. The applicant agrees to keep and maintain the existing hedges on both sides of the lot, thereby providing a visual buffer from the immediately adjacent lots. The owners of the adjacent lots, as well as the Naples Bath & Tennis Club, Unit B and the Naples Bath & Tennis Club Common Area ossociations, do not object to this application. 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. Yes. Because the subject lot's rear property line abuts a common area /lake, the pool and screen enclosure will not have the visual and restrictive effects that would exist if the rear property line abutted a single- family lot. Also, as stated above, the applicant agrees to keep and maintain the existing hedges on both sides of the lot, thereby providing a visual buffer from the immediately adjacent lots. 8. Will granting the variance be consistent with the growth management plan. Yes. i j �u[licr Crunty Appficnu; n'iif;4 4 Aae ida Item Nz). 1 7A January 13. 2009 —44t,ne 32 of 60 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. 1 REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Completed Application (download from webeite for current form) 15 X Non - Residential Pre-Application tneetina notes 15 Sign Variance 0 Completed Addressing Checklist, Signed by Addressing De artment 1 X Estimated Legal Advertising Fee - CCPC Meeting Conceptual Site Plan 24" x 36" and one 8 '/z " x 1 1 " co y 15 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - pa)ment will be reconciled upon receipt of Invoice from Naples Daily Newz)_ Survey of property showing the encroachment (measured In feet) 1 ❑ Owner Agent Affidavit signed & notarized 1 ® ❑ Deeds Legal's 2 ©r� ❑ rotation map 1 0 _ Aerial photographs {taken within the previous 12 months min. scaled V=200' , showing FLUCCS Codes, Legend, and project boundary 5 R _ Electronic copy of all documents and plans (CDROM or Diskette) Historical Survey or waiver request 1 ❑ {{nvironmental Impact Statement (EIS) and digital /electronic copy of EIS or lr.em Lion justification 3 I_ —D _ __Z VLah'n 30 day gftgr rece'r?t of the first review comment leirew provide I I X Ilroperty Owner Advisor Letter and Certification FEES: 7❑ Pre- opplicntion Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be crediled towards application fees and a new pre - application meeting will be required.) Review _Fees: :.. Q $2000.00 Residential ❑ $5000.00 Non - Residential ❑ $2000.00 Sign Variance 0 After- The -Fact Zoning, Land Use Petltions 2x the normal petition fee Q $760.00 Estimated Legal Advertising Fee - CCPC Meeting '[X $363.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - pa)ment will be reconciled upon receipt of Invoice from Naples Daily Newz)_ ❑ $2500.00 EIS Review ;❑ $1000.00 Listed Species Survey (If EIS is not required) 10THER REQUIREMENTS: 1 El .___ iIgcral�0¢'rt Sri;r.mh:re - - -- L'arc a iilsrr i rt `.p'�nc i .ini3 Agenda Item No. 17A January 13, 2009 Page 33 of 60 Exhibit A Narrative Explanation of Variance Request This application seeks approval of an after - the -fact variance for a rearyard setback encroachment of a pool and patio deck that has existed for over 25 years. In addition, approval is sought to enclose the pool and patio deck with a screen cage. The subject property is located at 540 Bald Eagle Drive in the Naples Bath and Tennis Club community in Naples (not to be confused with the Bald Eagle Drive in Marco Island). The legal description of the property is Lot 20 of the Naples Bath and Tennis Club, Unit B. The applicant purchased the property in 2006. At that time, the pool and patio deck already existed in their present location, and the applicant was told that a screen enclosure i around the patio deck had at one time been in place. In the year following the purchase of the property, the applicant intended to re- install the screen enclosure and hired a contractor to do so. The applicant learned of the encroachment for the first time when the County refused to issue a permit for the installation of the screen enclosure due to the encroachment. According to Collier County Property Appraiser records, the principal structure (house) was built in or around 1980 (permit 79- 4713). Two years later, the County issued permit 82 -4271 for the pool, followed by permit 82 -5105 for the screen enclosure. A certificate of occupancy for the screen enclosure was issued on March 1, 1984. (Based upon conversations with neighbors, the screen enclosure was apparently removed sometime between 1994 and 2000.) Applicable setbacks are set forth in the Naples Bath and Tennis Club PUD Document (Ordinance 81 -61). The rear yard setback for a screen - enclosed pool /patio is 15 feet (see section 5.5.5.0 of the PUD Document). The existing pool and patio deck encroach into this rear yard setback by 14 feet, 1'/4 inches at the northeast corner of the property and by 11 feet, 6 inches at the northwest corner of the property. Therefore, this variance petition seeks to reduce the rear yard setback (applicable to a screen - enclosed pool /patio) from 15 feet to 103/4 inches at the northeast corner, and from 15 feet to 3 feet, 6 inches at the northwest corner. The owners of each abutting lot, as well as the Naples Bath and Tennis Club, Unit B and Naples Bath and Tennis Club Commons Area associations, support this application. Please see the attached documents in this regard. i a Agenda Item No. 17A January 13. 2009 Page 34 of 60 We, Dieter F. and Sabine U. Schwarzer, own the property located at 550 Bald Eagle Drive, immediately adjacent to the Osters' home at 540 Bald Eagle Drive. We support the Osters' variance request for a pool screen /cage at the location shown on the attached site plan. Dieter F. Schwarzer Date Sabine U. Schwarzer Date \ \� ƒ . / \di � ) ( — /m K � , LL 9£ ! )/U 8� $]� to \ §\ ( uj !! 3 & 0 , § aenda Item No. 17A January 13, 2009 Page 36 of 50 i, Bertrand L. Taylor, III, own the property located at 530 Said Eagle Drive, immediately adjacent to the Osters' home at 540 Bald Eagle Drive. I support the Osters' variance request for a pool screen /cage at the location shown on the attached site plan. i jDate Bertrand L. Taylor, III ( \\ ƒ ) ) im §7/ LIJ/$ | , {[ §2 � \ ` [ . q IL $] \Cf) t§{ o e § $ o §| , > )WARD K. CHEFFY BOARD CERTIFIED CNILTNAI. ATTORNEY BOARD CERTIFIED BUSINESS LITIGATION ATTORNEY )HN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY FORGE A. WILSON BOARD CERTIFIED WILLS, TRUSTS B ESTATES ATTORNEY . VSTS 8 ESTATES ATTORNEY 0. KEHOE ID CERTIFIED CIVIL TRIAL ATTORNEY D. D'AGOSTINO O CERTIFIED APPELLATE PRACTICE An OWIEY 4. NOVATT A, ZULIAN A. DENT? IEY S. HOFFMAN IO CERTIFI -D WILLS. TRUSTS d ESTATES ATTORNEY CHEFFY PASSIDOMO WILSON & JOHNSON ATroRNExs AT LAw, up 921 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261 -9300 FAX: (239) 251 -9792 EMAIL: CPWJ@napleslaw.DDm October 17, 2007 Chip Allen, Manager Naples Bath and Tennis Club Commons Area, Inc. Naples Bath and Tennis Club, Unit B, Inc. % C. Allen Properties 3050 North Horseshoe Drive, #172 Naples, Florida 34104 Re: Oster residence (540 Bald Eagle Drive) Variance for pool screen /cage Dear Mr. Allen: Aaznda Item No. 17A January 13 2009 Page 38 of 60 LOUIS W. CHEFFY BOARD CERTIFIED PEAL ESTATEATTORNEY USA H. BARNETT BOARD CERTIFIED RFA ESTATE ATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTIFIED REAL ESTATE ATTORNEY MICHAEL W. PETTIT CHRISTOPHER J. THORNTON MICHAEL S. GROSS JOHN C. CLOUGH JASON O. LOWE OF COUNSEL GEORGE L. VARNADOE As you may recall from our telephone conversation last week, this firm is assisting the Osters in applying for a variance from the County's 15 -foot rear yard setback applicable to pool screens /cages in the Naples Bath and Tennis Club development. I have attached a site plan depicting the location of the existing pool and deck, as well as the location of the proposed screen cage. You will note that the Osters wish to simply re- install the pool j screen cage where it was previously located, that is, along the edge of the existing deck. As illustrated in the attached site plan, the proposed location will place the screen cage I 103/ inches from the rear property line at the northeast corner of the lot and 3 feet 6 inches from the rear property line at the northwest corner of the lot. You stated that the Commons Area Association and the Unit B Association would j have no objection to the County's approval otthis variance request. The Osters appreciate i the support of the Associations and request that the respective presidents (or other author zed officers) of the Associations sign below on behalf of the Associations to formally convey to the County that the Associations do net object. Agenda Item No. 17A January 13, 2009 Page 39 of 60 Chip Allen, Manager Naples Bath and Tennis Club Commons Area, Inc. Naples Bath and Tennis Club, Unit B, Inc. October 17, 2007 Page 2 We ask that you return this letter tome, after execution by the Associations, as soon as reasonably possible. Thank you again for your assistance, and please do not hesitate to contact me with any questions. Sincerely, ry y, Ciay C. Brooker For the Firm Attachment The Naples Bath and Tennis Club Commons Area Association, Inc, and the Naples Bath and Tennis Club, Unit B, Inc, support the Osters' variance request for a pool screen /cage at the location shown on the attached site plan. Naples Bath and Tennis Club Date Commons Area Association, Inc. By:' RD9s,,`k �iz ���^zr�t< its I —S 0 9 (Print name) (Title) Naples Bath and Tennis Club, Or Date Unit B, Inc. By; ,its ('Print name) (Title) IT z } U \ §� lm a/\ \ )_ — \ / a� � �~ a � - > . / ) }$ $)� - `2 } } !§ j u . j \¢ / «� ] \ | _ � 7 A u y 13. - "Y9 Gt of 60 G°1sLtE*A AFFIDAVIT and say that we /l am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and hue to the best of am knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be adiertised until this application Is deemed complete, and all required information has been submitted. As property owner We// further authorize Clay C, Brooker to act as nvr1my representative in any matters regarding this Petition. Si nafwe of Property Owner Robert Oster Trustee Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner i The foregoing instrument was acknowledged before me this _.1(,_" cloy of 20a_, by ;i may, Aga r who h personalfy known to me or has produced _ % b h C, ea... s e_ as identification. State of Flo, ida County of Collier o (Sianalur! of Notary PubG - Sfa!e of Florida) MiCHAELA J. BLANCHARD i MY COMMISSION N DD76DWO (Print, Type, or Stamp Commissioned Name of Notary Public) EXPIRES May 12, 2012 (Af/n SA6 -0f £9 FlpitleNOla 9orcica evm Collier Ccunty Lppiicztinn �Oi�B W m __ a vi O HE �°e$ J g ymsg� i � all zz O m La hi§' s F� � I j4q -11 pill glffl if I fil �e a Eg a n sff ff fly a M. 104111 i 4 Fb 6 �7 ell I � III I G & ' �` p�� I 111,110a -0 '111 F511 sit I MM WS bl. � vi a �3 WW� it �Q~4 N VOp � all n w a„ �� zw 30 ads? z Cl 0 �e¢ O vII N � ~ U Z � M W V Agenda Item No. 17A January 13, 2009 Page 42 of 60 1KG[Nal ....... _... k .1 e a WW� it �Q~4 N VOp � all O g #pp# 11ithu VW gg C�h5§ f @gi "1$511 E s�aa hu,I 11,5111M 1KG[Nal ....... _... k .1 A.enca !tem No. 1 7A January 13, '009 Page v' of 60 AFFIDAVIT OF COMPLIANCE hereby certify that pursuant to Ordinance 2004 -72, of the Collier County Land Development Code, I did notice by mail at least 30 days after receipt of letter indicating that the application is sufficient to the property owners and or condominium and civic associations whose members may be impacted the proposed land use changes of an application request for a variance or parking exemption. For purposes of this requirement, the names and addresses of property owners shall be deemed those on the latest tax rolls of Collier County and any other persons or entities who have made a request of the county to be notified. The said notice contained the laymen's description of the site of proposed change. Per attached letters and or property owner's list, which are hereby made a part of this i Affidavit of Compliance. (Signature of Xoplicant) State of Florida County of Collier Ti ie foregoing Affidavit of compliance was acknowledged i before me this 2nd day of Odciober, 2008 by Clay C. Brooker, who is personally knovm to me. (fignature of Notary Public) (Notary Sea[) Name of Notary KEVIN A. DENiI ;= Grnnmi,sintl LID 454196 aL E %n1Y6s NoY6:Pbi;r i "v, 2603 +T�rm._ gGa�4l TO'J 1roY�tfn'rNe+"o-Y.Lb `47014 EDWARD K. CHEFFY 00A CERDFED CIVIL N ATTORNEY 90ARDCOMF®SDSMESS URGATIONATTORNEY JOHN M. PASSIDOMO ROARD CERTWW REAL MXM ATTORNEY GEORGE A. WILSON SCARD CERMED WILLS,TR M6 EMMS ATTORNEY F. EDWARD JOHNSON SDARecErmflm wars. TR=&ESTmsm ow JOHND.KEHOE SOn GERRRED CMLTRALATTORNEY LOUIS D. D'AGOSTINO SMRD CERTIFlm APPELLATE PRACTICE ATTORNEY JEFF M. NOVATT DAVID A ZUU AN KEVIN A. DEtM JEFFREY S. HOFFMAN SDAf9CERTFim W415,TSII.TSd EETAlEB ATTDRNEY CHEFFY PASSIDOMO WILSON & JOHNSON ATJ1ORrmn a l.Aw, LLF 621 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (Z39) 2131-9300 FAX (239) 251 -9732 EMAIL CFWJ@naNn1aw=M October 2, 2008 Naples Bath and Tennis Club, Unit B, Inc. c/o Allen Properties 3050 North Horseshoe Drive, #172 Naples, Florida 34104 Dear Property Owner: Agenda Item No. 17A January 13, 2009 Page 44 of 60 LOUIS W. CHEFFY ROAM MMTIFW REALESTATEATTORNEY LISA H. BARNEPf CLAY M BROOKER ANDREW H. RMS3 WILUAM J. DEMPSEY MICHAEL W. PMIT CHRISTOPHER J. THORNTON MICHAELS.GROSS JOHN C. CLOUGH JASON 0. LOWE M. FRANCESCA PASSERI OFMuMa: GEORGE L VARNADOE This law firm is assisting Mr. Robert Oster, who has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 540 Bald Eagle Drive, located within the Naples Bath and Tennis Club community You are receiving this notice because, according to the records of the Collier County Property Appraiser, you own property within 150 feet of Mr. Oster's property. It is our intent to ask the County to allow Mr. Oster to install a screen cage enclosure around an existing pool and patio deck which is located less than one foot from the rear property line of the aforementioned property. in order to provide you an opportunity to become fully aware of our intention, you may choose to call me at the telephone number indicated below. In any event, please understand that we are interested in assuring you that our request will not adversely affect your property interest. Thank you. Sincerely, Clay C. Brooker (239) 261 -9300 BOARD GENDRED CNLL IRIALATTDRNEY BOARD CERMED BUSO ESS UTIGATION ATfDRNEY OHN M. PASSIDOMO SOAROCE FIEO REAL ESTATEATTGRNEY iEORGE A. WILSON BOARD CERRRED WLLS TRUSTS B ESTATES ATTOWJE . EDWARD JOHNSON BOARD CERTIFED W416, TRUBD6 S ESTATES ATTORNEY OHN D. KEHOE BONIDCERRFlEDCAkTRIALATTORNEY DUIS D. WAGOSnNO SOARDCERTIFIID APPELLATEPRACRCEATTOTWEY ?FF M. NOVATT AVIDA.MIAN EVIN A. DENTI EFFREY S. HOFFMAN BOAROCERTIflEOWILL .TRU A£STATESATTORNEY UHEFFY PASSIDOMO WILSON & JOHNSON ATroRr1RYS Ar Lmv,, ESP 621 FIFTH AVENUE SOUTH, SURE 201 NAPLES, FLORIDA 34102 TELEPHONE (239) 261-9300 FA)L 1239) 2619782 EMAIL• CPWJg" hapI9slaW.com Pinewoods Commons Area c/o Paulich, O'Hara & Slack PA Parkway Financial Center 2150 Goodlette Rd. N., 611 fir. Naples, Florida 34102 Dear Property Owner: October 2, 2006 `.�ensa I 7 !_Inuary 13. 2009 Pale 45 of 60 LOUIS W. CHEFFY BOARD CMrtl M RFJU.ESTATEATTORNEY LISA H. BARNETT BOARD CERTIFIED REALESTATEtJTORNEy CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CERTF REALESTATEATTORNEY MICHAEL W. PETIT CHRISTOPHER J, THOR14TON MICHAEL S. GROSS JOHN C. CLOUGH JASON O. LOWE M. FRANCESCAPASSERI CFCOUNSEL GEORGE L VARNADOE This law firm is assisting Mr. Robert Oster, who has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 540 Bald Eagle Drive, located within the Naples Bath and Tennis Club community You are receiving this notice because, according to the records of the Collier County Property Appraiser, you own property within 150 feet of Mr. Oster's property. It is our intent to ask the County to allow Mr. Oster to install a screen cage enclosure around an existing pool and patio deck which is located less than one foot from the rear property line of the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may choose to call me at the telephone number indicated below. In any event, please understand that we are interested in assuring you that our request will not adversely affect your property interest. Thank you. Sincerely, Clay G. Brocl:ar (23 Y) 2 61 -: 300 TRIALAITORNEY )HN M. PASSIDOMO BOARD CODIFIED REAL ESTATE ATTORNEY EORGEA. WILSON BOARD OERTIFIM WILLS, TRUSTS S ESTATES ATTORNEY EDWARDJOHNSON BOARD CERRRED W1LLB. TRUSTS t ESTATES ATTORNEY BOARD CEATIRED CNIL MALA,TO RNEY DUIS D. DAGOSTINO BOARD CERTIFIED APP! KM P W C=ICEATTDRNEY EFF M. NOVATT AVIDA-ZULIAN EVIN A. DENTI nTHEYS.HOFFMAN BOARD CEPTIFIW WILLS, T M& ESTATES ATTORNEY CHEFFY PASSIDOMO WILSON & JOHNSON Arronmm u law, LLP 821 FIFTH AVENUE SOUTH, SURE 201 NAPLES, FLORIDA 34102 TELEPHONE (23) 281 -8300 FAX (238) 201.8782 EMAIL CPWJ @nap1e Uw=rn Dieter F. & Sabine U. Schwarzer 550 Bald Eagle Drive Naples, Florida 34105 Dear Property Owner: October 2, 2008 Agenda Item No. 17A January 13, 2009 Page 46 of 60 LOUIS W. CHEFFY BOARD CERTIFIED REALESTATEATTORNEY LISA H. BARNETT BOAAACERTrM REALESTATEATTORNEY CLAY C. BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CWMD REAL E6TATEATMMR MICHAEL W. P"ri1T CHRISTOPHER LTHORNTON MICHAELS.GROSS JOHN C. CLOUGH JASON 0. LOWE W FRANCESCA PASSER! OF COUNSEL: GEORGEL.VARNADOE This law firm is assisting Mr. Robert Oster, who has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 540 Bald Eagle Drive, located within the Naples Bath and Tennis Club community You are receiving this notice because, according to the records of the Collier County Property Appraiser, you own property within 150 feet of Mr. Oster's property. It is our intent to ask the County to allow Mr. Oster to install a screen cage enclosure around an existing pool and patio deck which is located less than one foot from the rear property line of the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may choose to call me at the telephone number indicated below. In any event, please understand that we are interested in assuring you that our request will not adversely affect your property interest. Thank you. Sincerely, Clay 7Brooker (239) 261 -9300 DWARD K. CHEFFY BOARD CMRR CNILTRIALATRJRNEY BOARD CE RED BUSNESB UrGATION ATTORNEY TRUSTS &MAT ES ATtt NEY BOARD CERTIFIED WRLS. TRUM & ESTATSATTOFNEY DHN D. KEHOE SDARD CERTIFED CNIL TRIAL ATTORNEY APTd TEPAA MATTORWY 9, NOVATT A. ZUUAN A. DENn WILSON PASSIDOMO v✓ILSON & JOHNSON ACTORNEY6 AT LAW, LLP 621 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 3002 TELEPHONE (238) 2619300 FAX; (239) 261 -9762 EMAIL CPWJ(Rnapie91aw.com October 2, 2008 Claudia G. Newton Rev Trust 520 Bald Eagle Drive Naples, Florida 34105 Dear Property Owner: � ± No. .7A -rdm January 13. 2009 Page 117 of 50 LOUIS W. CHEFFY BOARD C ERRRED REAL ESTATE AT)RNEY USA H. BARNETT BOARD CERRFIED REAL ESTATE ATTORNEY CLAYC.BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BOARD CE RED REALEBTATEATTORNET MICHAEL W. PETTIT CHRISTOPHER J. THORNTON MICHAEL S. GROSS JOHN C. CLOUGH JASON O. LOWE M. FRANCESCA PASSERI OF OOUNB GEORGE L VARNADDE This law firm is assisting Mr. Robert Oster, who has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 540 Bald Eagle Drive, located within the Maples Bath and Tennis Club community You are receiving this notice because, according to the records of the Collier County Property Appraiser, you own property within 150 feet of Mr. Oster's property. It is our intent to ask the County to allow Mr. Oster to install a screen cage enclosure around an existing pool and patio deck which is located less than one foot from the rear property line of the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may choose to call me at the telephone number indicated below. In any event, please understand that we are interested in assuring you that our request will not adversely affect your property interest. Thank you. Sincerely, Clay C. Brooker (239) 261 -9300 EDWARD K CHEFFY SOARDOERTIRED (AMLTRIALATTORNEY BOARD OERTIFlID BIISNESS UTWT W N ATTORNEY JOHN M. PASSIDOMD BOND CERTIFIED REAL ESTATE ATTORNEY TKMTS 6 ESTATES ATTORNEY TRUSTSSESTATESATTORNEY )HN D. KEHOE BDNDCERTFW CMTTSALATTORNEY M. NOVATT ) A. ZUUAN IA. DENTI TRUSTS 6 ESTATES ATTORNEY CHEFFY PAASSIDOMO WILSON & JOHNSON ATroptrmn Ar Law, LT$ 621 FIFTH AVENUE SOUTH, SURE 201 NAPLES, FLORIDA 34102 TELEPHONE (239) 261 -9300 FAX: (239) 261 -9782 EMAIL: CPWJ@napISslaw.cam WEBSITEw naplesl"aoam Pinewoods Commons Area c/o Ability Management, Inc. P.O. Box 770278 Naples, Florida 34107 Dear Property Owner: October 15, 2008 Agenda Item No. 17.A January 13. 2009 Page 48 of 60 LOUIS W. CHEFFY BOARD CERnMO REAL ESTATEATNRNEY USA H. BARNM BOARD OERTiFlED RFALESTATEATTORNEY CLAY C- BROOKER ANDREW H. REISS WILLIAM J. DEMPSEY BDARD CERTMED REAL ESTATE ATTORNEY MICHAELW PEM CHRISTOPHER J. THORNTON MICHAEL S, GROSS BOARD CERT6ED VRUb.1 RUSTS 6 ESTIATES ATTORNEY JOHN C. CLOUGH JASON 0. LOWE M. FRANCESCA PASSERI OFCDUNM GEORGELVARNADOE This law firm is assisting Mr. Robert Oster, who has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: 540 Bald Eagle Drive, located within the Naples Bath and Tennis Club community You are receiving this notice because, according to the records of the Collier County Property Appraiser, you own property within 150 feet of Mr. Oster's property. It is our intent to ask the County to allow Mr. Oster to install a screen cage enclosure around an existing pool and patio deck which is located less than one foot from the rear property line of the aforementioned property. In order to provide you an opportunity to become fully aware of our intention, you may choose to call me at the telephone number indicated below. In any event, please understand that we are interested in assuring you that our request will not adversely affect your property interest. Thank you. Sincerely, Clay C. Brooker (239) 261 -9300 9, - i , a, ..° ``. 4 �r 4ViSitl � G(� 7K F �; 1 , '?titi�k;:•.Y4ri�v3S:ffi'N' " "_%;� .:.,al.�%A' eY.h?. N O O L7 =gym m Q L i {jF < _$ I 7 i5 SK tN10 I W 1 x 0 Y 9.7' � W � � I IL W o w n yI [!1 d CN U �� w4 m 0 io 7 irz° m COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW i WWW.COLL.(ERGOV.NET _ �.: ry 13 20:19 a?e 5I of 60 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 VARIANCE PETITION Dimensional PRE - APPLICATION MEETING NOTES'' & SUBMITTAL CHECKLIST Date: 2 --+N_ Time: 2` 3�0 Assigned Planner: _ r AY c'SF7 �j•./\ Project Name: 0STE9, Project Addr /Location: . —4Q- -E ��44 i7Z Applicant Name C'Ay E�}?a'_ '— Phone: zb1 _C? _yCD0 Firm: � AS` pp j-t UT- QL, — Current Zoning' P_l�> — /�E?✓ -. T��1� f. I,� - L Owner Name: Owner Address: m.___. Armefing Attendees: (attach Sign In Sheet) NOTES: A - zoos- Arl:s�s fist EjR VARIANCE i'ItOJPCi: �OOSp20Q36 I)ATF..-,yy�b8 UUL: 3112 /08 c If telephone pre -appi c-.iion rneetin.� i5 held, direct the pefiticnsr to coordinate with ! ioda --, ,gig the rnq, irc-•a t ` ; 1I� �- ?Fe nr,iice ;eite 'a the S,- nmJCdlnq proi y v'r.;i.. i-.. io Cjn lh-M fIhFfl '_� ormc i _ i h71 Lir ' ty .icril rvico- _,5 ihc;ri . Agenda Item No. 17A January 13, 2009 Page 52 of 60 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. $760.00 Estimated Legal Adverthing Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting 4 (any over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). 1 1 ❑ $2500.00 EIS Review OTHER REQUIREMENTS: t. AgendOwner Signature 2 # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED Completed Application (download From websife for current form) 15 ✓ Pre-Application meeting notes is ✓ Completed Addressing Checklist, Signed by Addressing Deportment.. 1 Site Plan 24" x 36" and one 8 1/2 " x 11 " copy Survey of property showing the encroachment (measured in feet) 1 ✓ Owner /Agent Affidavit signed & notarized 1 V Deeds /Legal's 2 ✓ - Lomflon map 1 f Aerial photographs (taken within the previous 12 months min. scaled 5 ✓, 1 " =200' ), showing FLUCCS Codes, Legend, and project boundary i Electronic copy of all documents and plans (CDROM or Diskette) 1 ✓ Historical Survey or waiver regvest 1 ✓ J� Environmental impact Statement (EIS) and digital /electronic copy of 1 EIS or exemption jusiifkation 3 ✓ Wlthln 30 days after receipt of the first review comment letter.I 1 1 `� %i provide Property Owner Advisory letter and Certification Project Narrative 15 ✓ FEES: ) Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the fast ,� pre -app meeting shall not be credited towards application fees and a new pre- application meeting will be required.) i 9 Review Fees- 1 $2000.00 Residential f ❑ $5000.00 Non - Residential �1 $760.00 Estimated Legal Adverthing Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BCC Meeting 4 (any over- or under- payment will be reconciled upon receipt of Invoice from Naples Daily News). 1 1 ❑ $2500.00 EIS Review OTHER REQUIREMENTS: t. AgendOwner Signature 2 Tv a.. oi'3p PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. 'Any applicant requesting _ varionce 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. 0 hU, )fi'Q��P,A��nr'a Item Nn �7A a1vn. it. 5.1SPM January 13, 2009 Page 54 of 60 COLLIER COUNTY GOVERNMENT 2600 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 Please complete the following and fax to the Addressing Department at 239,659.57241 or submit In person to the Addressing Department at the above address. Form must be signed by Addressing Personnel prior to pre- appilcation meeting, Not all Items will apply to every Project Items in bold type are required. Forms older than 6 months will require additional review and approval by the Addressing Department PETITION TYPE (oheckpatNon type below, complete a separate Addressing Checkrast for each Petition Type) SL (Blasting Permit) BO (Boat Dock Extension) Carn(vallCirevs Permit CU (Conditional Use) W (Excavation Permit) _ FP.(F nat.Plat ... LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) Q SDP (Site Development Plan) Q SDPA (SDP Amandment) (] SDPI (Insubstantial Change to SDP) [] SIP (site improvement Plan) [] SIPI (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change ^ Unplatted) ❑ TOR (Transfer of Development Rights) VA (Variance) ❑ VRP (Vegetation Renoval Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER . DESCRIPTION of subject property or properties (copy of lengthy dasvriblfon maybe attached) I I L Living Unit No. 20, NAPLES BATH AND TENNIS CLUB, UNIT B, a Condonintun, according to the Declaration of ninium thereof, as recorded in Official Records Book 632, Pages 179 through 231, of the Public Records of Collier Florida (Property ID) NUMSER(s) of above (aftach fo, or associate w8h, tegal description it more than one) STREET ADDRESS or ADDRESSES (as appficable, if already asp gnarl) *0 Bald Eagle Drive, Naples, Florida 34105 • 1LOCATION MAP must ba attached showing exact location of projectf0a In relation to nearest public road right- of -vray • URVEY (copy - needed only for unplatted properties) P DPOSED PROJECT NAME (f applicable) 1 PROPOSED STREET NAMES (Ifapplicable) SITE DCVELO?MEN 1 PLAN NUMBER (Porsxisbn9 pn)sctshtias only) SDP or .AR i --- iu0. 1490 —Y A.Jenua Item No. 17A January 13, 2009 Wage 55 of 60 ADDRESSING CHECKLIST -PAGE TWO Page t of 2 Project or development names proposed for, or already appearing in, oondolnlnium documen% (11 application; indicate whether proposed or existing) Naples Bath and Tennis Club (existing) Please Check One: ® Checklist is to be Faxed back [❑ Personally Picked Up APPLICANT NAME: Clay C. Brooker, as agent for Robert Oster, Trustee of the Robert Oster living Trust dated 12!28192 PHONIC (239) 251 -9300 FAX (239) 6433.3558 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY Orimary Number 15 6 2 2 8 ,Address Number Address Number i Address Number i Approved by: Date: O t 1"3— O i Updated by: Date: ) IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED 1 w-u-- 2 of 2 G9CVt�?nl�ApD�car�on Fc:n,e`Aadres?L4g Ghocklis[ rev O7,OTGi,'.c� J i N m u � N W C Q J ri . -. 1 Cr 7 t w LU am D Z K� O 0 Z M O a � _ 9 v` 4S z LL O r IL w O Z 1° > �w p � ¢ V t z� CO J � ` y $ Q 1�[ Y]I ' G'Otl fu W -IYOMn •��� - � y. ( o P y' n V � P i 'C r ��� � Zi• e� ®;•y -.:: y1j.1 y6 8 d v i^ R gg � IS � } 5 l l LS Property Record Its 3 , Parcel Nol SD93I Sketches Current Ownership IY•1TN:il l."ORMF4:0111 4A14 Agenda Item No. 17A Janup{ I � a Page 5 oP eQ 34105.7407 498400 Sub No. 496400 NAPLES BATH & TENNIS CLUB UNIT B A CONDOMINIUM `r2i Miltaoe Aree_ '� Mlllage r I l " Use Code —� a I CONDOMINIUM 4B 11.1362 2007 Final Certified Tax Roll Latest Sales History (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 0.00 Date Book - Page _Amount improved Value $ 686,622.00 x0512006 44.3.7.02. }06 $ 1,700,000.Dil Just Value _ $ 588,622.00 04 ! 2000 8666 - 287 $ 360,000.00 SOH Fxempt Value $ 0.00 0611994 1904 - 429 S 438,000.00 u (= )Assessed Value $) Homestead and other Exempt Value i ( =) Taxable Value $ 586,622.0 $ 25,000-00 $ 563,622.00 4H ='Save Our Homoe exempt value due to cap on assessment ireases. 1 i i The Information is Updated VVeekiy . hitn��ftivv.ru, nmlii rr:mmmr'm i,ct•r rnm'R ^c.rnd i)cla,il.;�.:n A tan =Nn �'cFoliglD= Ui)Q0�'i,5p9 �Uu00170� d ■ J! al20B ,� .� m « ?«� y�' °� 2;� � � � . y y.� � � t� .y,: ^« 2«' 2� 3� f w« <° » « .� � � � � � � � \� .� \� �� \ \ \\,/ � � � 3»a��� w22 » \�� � � � " \>� � : ,. � &� ±�2 . �- ' � » � ww ^ $� %� f %+« �� , «� ? \��� �± / \ � /\ \ \\ /�' :� � ���.� :,� � � ����\ d�� � \� � ::��y . ��� �»« � ° »� »� � /� � m E� \?; \� � �� � , 2 Agenda Item No. 1'A January 113,2009k Page 60 of 60 Updated: Pre -App VA; Clay Brooker, Agent; Kay Deselem, Planner Conference Room C Thu 2/1412008 2:30 PM Thu 2/14/2008 3:30 PIA (none) wleeting Status: Accepted I 17*quired Attendees: CDS-C; DeselemKay; DarcoChristopher, cobrooker @napleslaw.com; AblerKenneth; AuclairClaudine; beard 1; Buchheit[David; CallisCraig; CasalanguidaNick; chizanowski_s; DeltoroZamira; GustTatiana; jarreli _p; MCNal]Bruce; mulier_r; PodczerwinskyJohn; weeks d; wiley_r; bedtelyon_1; townsendamanda 1 Meeting Request Number: 3560 i Meeting Type: preapplication Riquested By: Clay C. Brooker oYi Anne: (239) 261 -9300 eMail: cebrooker@napleslaw.com Ripresenting: Robert Oster, Trustee Pdlio: 60930800006 Zoning Naples Bath & Tennis Club SPD /SIP Stbject Type: Variance Ldcation: 540 Bald Eagle Drive Naples 34105 Description: Homeowner wishes to install screen enclosure around existing pool/deck. Variance from rear yard setback needed.