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Agenda 02/24/2009 Item #17A Agenda Item No. 17 A February 24. 2009 Page 1 of 24 EXECUTIVE SUMMARY V A-2008-AR-13756, Lee Wyatt, represented by Lauren Barber of Turrell and Associates, is requesting a nine-foot front yard setback Variance for principal structures in the Mobile Home (MH) Zoning District, from 25 feet as required by Land Development Code (LDC) Section 4.02.01, Setbacks for Base Zoning Districts, to 16 feet; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9.04.02.B.1. The approximately 0.14-acre subject property is located on Lot 77, Otter Avenue, in Plantation Island, of Section 24, Township 53 South, Range 29 East Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the Variances referenced above to ensure that the project is in harnlony with all applicable codes and regulations and that the interests of the community are maintained. CONSIDERATIONS: The applicant is requesting two Variances to pennit the construction of an approximately 1,832 square-foot, stilt mobile home. Although the subject parcel was largely cleared in 1971, approximately 1,721 square feet of mangroves still exist along its eastern and northeastern boundaries. In order to erect the prefabricated structure on the site, as depicted in the Master Plan entitled, "Wyatt Property Site Map" by Turrell, Hall and Associates, Inc., dated February 27, 2007 as revised through Septembcr 19, 2007 (see Exhibit A to the resolution), approximatcly 139 square-feet of these mangroves would nced to be removed from the northeastern portion of the property; and to lessen the structure's impact on the mangroves, it would need to be situated 16 feet from the property's western boundary, which is also the site's front yard. Being located within the MH Zoning District, the site is subject to 25-foot front yard setbacks for principle structures, pursuant to LDC Scction 4.02.01; and being located in an Area of Critical State Concern (ACSC) and Special Treatmcnt (ST) area, the subject propcrty is also subject to LDC Section 4.02. 1 4, Design Standards for Development in the ST and ACSC-ST Districts, and specitically Subsection 4.02.14.CA, which precludes the destruction or alteration of mangrove trees and salt marsh grasses. However, as noted in LDC Subsection 9.04.02.8.1, an agreement rcached in 2005 between the Board of County Commissioners (BCC) and the Depmiment of Community Affairs authorized the use of a Variance process to deviate from this requirement "for site alterations, including dredging and tilling, of up to 2,500 squarc feet, rcgardIcss of prcdeve10pment vegetation... within Units One, Two and Three of the Plmltation Island Subdivision..." Bccause the subject propcrty is located within Unit Three of the Plantation Island Subdivision, it is eligible for such a Variance request. Agenda Item ~Jo. 17 A February 24,2009 Page 2 of 24 As shown in Exhibit A to the resolution, the site has been carefully designed to accommodate the building and its infrastructure while still respecting the mangrove trees and the LDC -required setbacks to the maximum extent feasible. For example, the 28 x 64- foot mobile home has been situated 17 feet from the northern property boundary in order to minimize its overall mangrove impact area; and the necessary 7.5-foot side yard setbacks have been maintained while affording sufficient area to accommodate the septic system and its associated drainficld along the site's southern boundary. (It should be noted that the septic system has its own design specifications, such as minimwn setbacks from mangroves to prevent seepage pollution, necessitating its particular location there.) To avoid the mangroves along the eastern property boundary~ the house has been given a generous 20- foot rear yard setback instead of the required 10-loot setback. However, doubling this setback has reduced the required front yard setback from 25 feet to 16 feet, triggering the requested nine-foot Variance. FISCAL IMPACT: Approval of this Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMPI IMPACT: Approval of this Variance would not affect or change the requirements of the GMP. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: Subsection 9.04.02.B.I of the LDC allows site alterations up to 2,500 square feet, and the applicant is requesting to impact only 139 square-feet of mangrove area, which would be replaced by a 140 square-foot area re-planted in the southeastern portion of the site, as required by the Department of Environmental Protection. Furthern10re, the quality of the mangroves existing on the site is degraded, and extensive mangrove cleating already occurred throughout the neighborhood, prior to the adoption of the LDC language prohibiting it without a Variance. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition. Subsection 4.02.14.D of the LDC exempts mobile homes sites within the Urban Designatcd Area of Plantation Island from the EAC hearing requirement. Projects are instead reviewed by Environmental staff for compliance with the Area of Critical State Concern (ACSC) and Special Treatment (ST) overlay regulations. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition V A-2008-AR-13756 on January 15, 2009, and believing that Agsnda item No. -; 7A February 24,2009 Page 3 of 24 approving the setback Variance for a 16-foot front yard and a site alteration Variance to impact 139 square-feet of mangroves would not be injurious to the neighborhood or detrimental to the public welfare, voted unanimously (7-0) to forward this petition to the BZA with a recommendation of approval. Because this decision was unanimous, and no letters of objection have been received from the community, this item is being placed on the summary agenda. LEGAL CONSIDER-\T10NS: The petitioner is requesting a Variance to impact! 39 square feet of mangroves and a nine- foot front yard setback variance for a principal structure in the MH zoning district, from 25 feet to 16 feet. The granting of such variances is pem1itted under LDC 99.04.02. The attaehed staff report and recommendations of the Planning Commission are advisory only and are not binding on you. Decisions regarding variances are quasi-judicial. As such this item requires ex parte diseiosure, and all testimony given must be under oath. The Petitioner has the burden to prove that the proposed variance is consistent with all the critelia set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04.02.A requires that "based upon the evidence given in publie hearing; and the findings of the Planning Commission" you "should determine to the maximum extent possible if the granting of the Variance will diminish or otherwise have a detrimental effeet on the publie interest, safety or welfare." Should you consider denying the variance, to assure that your decision is not later found to be arbitrary, discriminatory or unrcasonable, 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 Board (majority vote). In granting any varianee, the Board of Zoning Appeals may prescribe the following: I. Appropriate conditions and safeguards in conformity with the zoning eode or other applicable county ordinances. Violation of such eonditions and safeguards, when made a part of the telms 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 I. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics oflhe land, structure, or building involved. 2. There arc 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. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical diflicultics on the applicant. Agenda item hlo. 17A 24.2009 Page 4 of 24 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 preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the Cotmty Attorney's Office and is legally sufficient for Board action. - STW RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve Petition V A-2008-AR-13756. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item No. 17 A February 24, 2009 Page 5 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17A This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2008-AR-13756 Lee Wyatt. represented by Lauren Barber of Turrell and Associates IS requesting a front yard setback Variance for principal structures in the Mobile Home (MH) Zoning District from 25 feet to 16 feeL as required by Land Development Code (LDC) Section 4,02.01, Setbacks for Base Zoning Districts, to permit a nine-foot setback; and a site alteration Variance to impact mangroves, pursuant to LOC Subsection 9.04,02.81 The approximately O.14-acre subject property is located on Lot 77, Otter Avenue, !n Plantation Island, of Section 24, Township 53 South, Range 29 East Collier County. Florida CTS 2/24/2009 90000 AM Prepared By Senior Planner Date John-David Moss Community Development & Environmental Services Zoning & Land Development 1/26/20093:36:51 PM Appro\'cd By Susan lstenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 1/27/20098:46 AM Approved By Chief Planner Date Ray Bellows Community Development & Environmental Services Zoning & Land Development Review 1/28/200910:55 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Attorney's Office Date 1/29/200911 :04 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office Date 1/28/20091 :42 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 1/30/20092:17 PM Appro\'cd By Jusepl1 K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2/2/2009 4:44 PM OMS Coordinator Date 2/3/200910:30 AM Approved 8y OMS Coordinator County Manager's Office Office of Management & Budget file://C:\AgendaTest\Export\ 124-February%2024,%202009\ 17.%20SUMMAR Y%20AGEN... 2/18/2009 Page 2 of2 .Agenda !tern No. 17A February 24,2009 Page 6 of 24 \pproH'd By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & 3udget 2/13/20095:17 PM Approvl'd By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/1i/2009 8;21 PM file://C:\Agenda Test\Export\ I 24-Februarv%2024.%202009\ I 7.%20SUMMAR Y%20AGEN... 2/18/2009 A6P'/iJTIiil..11n;Ni/'9_1\7 A -l"ehruary ;1.'\, 2tl09 Page 7 of 24 d~r County ~ ~~ ~!~ STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LA.."ID DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JANUARY 15,2009 SUBJECT: V A-2008-AR- I 3756, PLANTATION ISLAND VARIANCE PROPERTY OWJll'ER/AGENT: Owner: Lee Wyatt 2370 Snook Drive Naples, FL 34102 Agent: Lauren Barber Turrell, Hall and Associates 3584 Exchange Avenue, Suite B Naples, FL 34104 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a nine-foot front yard setback Variance for a principal structure in the Mobile Home (MH) Zoning District, from 25 feet as required by Land Development Code (LDC) Section 4,02.01, Setbacks for Base Zoning Districts, to 16 feet; and a site alteration Variance to impact mangroves, pursuant to LDC Subsection 9,04.02.B. 1, Variances for Site Alterations within the Plantation /sland."Subdil'isiol1S. GEOGRAPHIC LOCATION: The approximately 0.14-acre subject property is located east of Everglades City, south of Plantation Drive, on Lot 77, Otter Avenue, in Section 24, Township 53 South, Range 29 East, Plantation Island, Florida (.yee location map on the following page). PURPOSEIDESCRlPTION OF REOUEST: The applicant is requesting two proposed Variances to pennil the construction of an approximately 1,832 square-foot, stilt mobile home. Although the subject parcel was largely cleared in 1971, approximately 1,721 square feet of mangroves exist along its eastern and northeastern boundaries. In order to erect the prefabricated structure on the site, as depicted in the Master Plan entitled, "Wyatt Property Site Map" by Turrell, Hall and Associates, Inc., dated February 27, 2007 as revised through September 19, 2007, approximately 139 square~feet of these mangroves would need to be removed from the northeastern portion of the property; and to lessen the structure's VA.2008.AR.13756 Page 1 of7 <l:00,"" r- ~ r-='N ,m ~"'~ ,N 0 -'- o .00 <:tU Z~ Q.l -m I J:O E",'" :0;<( ell ~ m _roo- -:; ro~ -0"" ~ " ll. OiLL '" Ir- <( <l: ,m ~'- ~ ..L.U mm Cl:U c::> <( l- I Z .~ w 'I - "- , (.) Z m 0 l) <( N , <( z 0 ~ < ~ " ~ I I '" I '" ~ M ;;;: <f ~ 0 0 N .d: :JlI':)l;O.I.llIH / Z- > - " Z 0 I f- I f- C" W ~ ~ 0. q g ~ o' n "~--5Z-~--- ll. H f <( g (5 ~ g ~ / ~ . I '" ~f-Z O'i t:or 00 Z i iJ <) a po. ~~ 0 Q; ~ c/svCJ ~ 0 oJ 1 0.0 - -' f- I ~'~ I Do <( ----, )l ~D~' 0 \ . ~t> ~I ~~~ t' ~~ 19B '~':) ~ 8 ffi 'S<", , ""J 1""'1' ~ e "L-I ~v/ & ",," / L ",j' ~- ~~ -~ 0>: III 'z' .g,~ ~: .1- C) W$! ,~,.Ch< :ollj! Zu 0< ,g'm o-q !!I 0 ~ ::> ? 'N" ~ . g! 0""'<> 15~. ~~ .~ :i . II:;' 5 ./,~'; 8 B ~ ~.~~~ ,., ~,~-~.":;~:~:i,:;. . ~ ~~~~* 'w w:;;::z:Q~ a::'o:fII_....,..:t '~ (ij~'~fto CJ :~:5li:-W''''' '" m HL. ~'c ~-~ --.lJ.. fS'b &;~ :E__a "'ll! ~l w~ ~$ .Ui' ~',~ nnOPER'TY 14 dwg ~ATTr", P;\0711W)oaItPn;..oortYJ:lltlW W NU .. '" ~:$ "'", <[ > .... 00 ..ozg "'5"'", ""'V'lOo f'I'l_co,,- '7 z gO') "ONN o:t - .. a- cO~t;1"'t Of- W .. Oz.....LI.i ~5~~ ~o.o..o D lJJ "' ~~ OU 0:0 ClCl J~g~ '" o -- M ... -- ... ... UJ ::> o 1 I ~J ::;1 '" SI [/ "'I ~ ~I 0..1 :J:i--~ N '" o r Iw 15 I~ 8~ I[ 1-;;: I'" <", [i;;i I~ Ijj S' I&: li'1~ / ~ r .. o r ~ ~ IS m w ;; ~ ~ W Iil is' ~ ill g ~ ~ m en ~h ~ .. z << . " . ~ D. ;: . z ~ :; . . ....... N t:: ~ :J;;;: ~ ....: ~ e <:'> L, .. 0 .. >" - o III ~ ": ... I h ~ ~ ~ ~ w a. o a. ee ~ a. ~ I- ~ ~ ~b.O-N~ ~ .,8 ~ ~ ..sOl 15 '$ t:'-:l.....rg :;;:_ C1)o~O\ "duli8. -<:; '3 ri.i! 5'l~1 -< 00:1<8 ~-~ ~q =C1~:$ eo~ '_ ::C~~~a lJ11 E- ;t ";1~ (I \1 1 Agenda Item No. 17 A February 24, 2009 Page 10 of 24 impact on the mangroves, it would need to be situated 16 feet from the property's western boundary, which is also the site's front yard. However, being located within the MH Zoning District, the site is subject to 25-foot front yard setbacks for principle structures, pursuant to LDC Section 4.02.01; and being located in an Area of Critical State Concern (ACSC) and Special Treatment (ST) area, the subject property is also subject to LDC Section 4.02.14, Design Standards for Development in the ST and ACSC-ST Districts, and specifically Subsection 4.02.14.CA, which precludes the destruction or alteration of mangrove trees and salt marsh grasses. However, as noted in LDC Subsection 9.04,02,8.1, an agreement reacbed in 2005 hetween the Board of County Commissioners (BCC) and the Department of Community Affairs authorized the use of a Variance process to deviate from this requirement "for site alterations, including dredging and filling, of up to 2,500 square feet, regardless of predevelopment vegetation... within Units One, Two and Three of the Plantation Island Subdivision..," Because the subject property is located within Unit Three of the Plantation Island Subdivision, it is eligible for such a Variance request As shov,TI on the attached conceptual site plan, the site has been carefully designed to accommodate the building and its infrastructure while still respecting the mangrove trees and the LDC-required setbacks to the maximum extent feasible. For example, the 28 x 64-foot mobile home has been situated 17 feet from the northern property boundary in order to minimize its overall mangrove impact area; and the necessary 7.5-foot side yard setbacks have been maintained while affording sufficient area to accommodate the septic system and its associated drainfield along the site's southern boundary (It should be noted that the septic system has its own design specifications, such as minimum setbacks from mangroves to prevent seepage pollution, necessitating its particular location there). To avoid the mangroves along the eastern property boundary, the house has been given a generous 20-foot rear yard setback instead of the required 10-foot setback. However, doubling this setback has reduced the required front yard setback from 25 feet to 16 feet, triggering the requested nine-foot Variance. AERIAL VIEW SUBJECT PROPERTY VA,200g,AR,137% Page 2 of 7 Agenda item No. 17 A February 24, 2009 Page 11 of 24 SURROUNDING LAND USE & ZONING: North: East: South: West: Vacant land; zoned MH-ACSC/ST Canal, then vacant land; zoned MH-ACSC/ST Vacant land; zoned MH-ACSC/ST Otter Avenue, then vacant land; zoned MH-ACSC/ST GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): As noted, the subject property is in Plantation Island, which is designated Urban, Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. As residential uses are an authorized use in this land use designation, the proposed mobile home use on the site is consistent with the Subdistrict and, therefore, deemed consistent with the GMP. A.~AL YSIS: Section 9.04.01 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The CCPC is advisory to the BZA and utilizes the provisions of Subsection 9.04.03 A. through H., in bold font below, as general guidelines to assist in making a recommendation of approval or denial. Staff has analyzed this petition relative to these provisions, and offers the following: 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. The subject propeliy is located in a platted mobile home subdivision in Plantation Island, which is an area characterized by mangrove forests. As previously noted, the proposed mobile home is a prefabricated structure, and as such, cannot have its 64 x 28-foot dimensions simply altered as a non-prefabricated home could. Consequently, the applicant is restricted by both the dimensions of his lot and the dimensions of his mobile home unit Therefore, he is requesting that a portion of the site containing mangroves be altered, and that the front yard setback requirement be reduced in order to accommodate the structure. 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 is the subject ofthe Variance request? Yes. Although a plat has never been recorded, according to a Property Appraiser's records, the parcels in the neighborhood were created in 1970. Nevertheless, the creation of the subject parcel, and its purchase by the applicant in 1987, predate the adoption of the County's Area of Critical State Concern (ACSC) and Special Treatment (ST) area design standards, which prevent the applicant from removing the 139 square-feet of mangrove trees necessary to accommodate his mobile home on the site. Therefore, the conditions requiring this Variance request are pre-existing. VA-2008.AR-13756 Page 3 of? Aaenda Item No. 17 A ~ February 24, 2009 Page 12 of 24 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. A literal interpretation of the applicable LDC provisions would create practical difficulty for the applicant by preventing the location of his mobile home on the property. Moreover, no other dwelling type is allowed in the MH Zoning District. d. Will the Variances, if granted, be the minimum Variances tbat will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The Variance requested would be the minimum to make possible the reasonable use of the mobile home. As previously noted, the proposed location of the structure was carefully planned in order to minimize its impact on the mangroves while still maintaining the necessary side and rear yard setbacks that would afford sufficient area for the site's septic system and drainfield. Furthermore, Subsection 9.04.02.B.l potentially allows site alterations up to 2,500 square feet, and the applicant is requesting to impact only 139 square-feet of mangrove area, which is merely five percent of that totaL Because this impact is negligible, it is staff's opinion that the Variances, if granted, would not adversely impact the standards of health, safety and welfare. e. Will granting the Variances 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? No. A Variance by definition confers some relief from the zoning regulations specific to a site. However, Subsection 9.04.02.B.l entitles property owners to request a Variance from the requirement of Subsection 4,02,] 4.CA for site alterations up to 2,500 square feet within Units One, Two and Three of the Plantation Island Subdivision. As such, other properties in the vicinity facing a similar hardship would be confelTed the same consideration. Furthermore, approval of the Variances would enable the applicant to place a mobile home on his property, which is a privilege that many property owners in the neighborhood enjoy. With regard to the requested setback Variance, most properties in the neighhorhood do not meet the 25-foot minimwn front yard setback requirement of the MH Zoning District either, as evidenced by the aerial photograph, contained in Appendix 1 to this report, which depicts the existing front yard setbacks of area structures. It appears that two of these properties applied for and received Variances (Resolution No. 91-377 and No. 04-08) for their structures' setback encroachments. f. Will granting the Variances be in harmony with thc gcneral intent and purposc of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed Variances would allow the applicant to remove a small area of mangroves in order to locate a mobile home on his property in a manner that is hannonious with the purpose and intent of the LDC. Doing so would not be injurious to the neighborhood or detrimental to the public welfare due to the fact that extensive mangrove clearing has already occurred throughout the neighborhood, prior to the adoption of the LDC language prohibiting VA-2008.AR.13756 Page 4 of 7 Agenda Item No. 1711. February 24,2009 Page 13 of 24 it without a Variance. Additionally, the applicant is requesting to impact only a small, 139 square-foot area which, as noted on the site plan, would be replaced by a 140 square-foot re- planted area in the southeastern portion of the site, as required by the Department of Environmental Protection. Finally, as depicted in Appendix I, the requested 16-foot front yard setback would be consistent with existing front yard setbacks in the neighborhood. 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, according to the applicant's environmental consultant, the quality of the mangroves existing on the site is degraded. Rear of the site, looking west, where the elevated walkway to the proposed dock would be located. View of the property from Oller A venue, looking west. Mangroves are shown in the background. Australian pine and Brazilian pepper are visible in the foreground. VA-2008-AR-13756 Page 5 of 7 Agenda item No. 17 A February 24, 2009 Page 14 of 24 h. Will granting the Variances be consistent with the Growth Management Plan (GMP)? Approval of this Variance petition would not have any affect on the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAe does not normally hear Variance petitions and did not hear this one. RECOMMENDATION: Staff recommends that the cepe forward Petition V A-2008-AR-13756 to the Board of Zoning Appeals (BZA) with a recommendation of approval for Variances to permit a 16-foot front yard setback (instead of 25 feet); and to pemlit the dredging and filling of up to 139.4 square-feet of mangroves, as depicted on the site plan attached to the Resolution as Exhibit A. APPENDICES: Appendix 1: Front Yard Setbacks of Area Homes VA-2008-AR-13756 Page6of7 PREPARED BY: JO~D ~CIPALPLANNER DEP AR TMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /2 RAYM D V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LA.ND DEVELOPMENT REVIEW ~Yh.~ SUSAN MURRA Y-ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~HEI IA HTON-CICKO () ASS .l\NT COUNTY ATTORNEY .- APPROVED BY: Agenda Item No. 17 A February 24,2009 Page 15 of 24 /2--/r-dO? DATE J2. - lb' 09;' DATE jCJ. -jq-Ofl DATE 17.-!-Z..,(tJ 'Y' 'DATE /.1/.u~ r K. SCHMITT, ADMINISTRATOR ATE UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION (V u\/ MARK . STRAIN, CHAIRMAN l-lr-09 DATE Tentatively scheduled for the February 24,2009 Board of County Commissioners Meeting. VA.2008-AR-I3756 Page 7 of 7 w .... :>< .... Q Z r;iI ~ ~ ~ >- ~ r- ~ ~ tl:i UJ ~ a. ffi z o 5 ~ ~ a. [ o r- ~ r- g: ~ ~ .OOr"l"'" ~.s ~~ __......"'f a>~]~~ <l.>Q~- ....... 0 M 0., .51'"'", ~ . g~ r!f!;i ~ IU-af,r.. <: ~ 11 oc:i::g Q;:l.= ",- =E;'::I~ ~~tn$ ::r::::~~G\ _...~ ~a gJJ~ E-< ;;l; ~ . ~ 8 -J ".; rr.~ / "'! ~~] COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 17 A February 24, 2009 Page 17 of 24 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6968 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be compleIed by staff Above to be completed by staff APPLICANT/AGENT INFORMATION NAME OF APPLlCANT(S) LEE WYATT ADDRESS TELEPHONE # E-MAIL ADDRESS: CELL # FAX # NAME OF AGENT LAUREN BARBER ADDRESS 3584 EXCHANGE AVE. TELEPHONE # (239) 643-0166 CELL # (239) 776-4317 E-MAIL ADDRESS:LAUREN@TURRELL-A550ClATE5.COM PROPERTY DESCRIPTION FAX # (239) 643-6632 legal Description of Subject Property: Section/Township/Ronge 24/53 5/29 E Property I.D.#: 01209760001 Subdivision: Unit Lot: Block: Metes & Bounds Description: See attached Acreage: 0.14 Address of Subject Property (If different from Petitioner's address): Lot 77 Otter Ave BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Collier County Appiication 2008 Aoenda item No. 17A ~ February 24. 2009 Page 18 of 24 II ASSOCIATIONS Complete the following for all registered Association(s) 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 httP;// www.:::ollieraov.net/lndex.asox?oaQe=77 4 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 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ADJACENT ZONING AND LAND USE Zoning land Use N MH - ACSC/ST3 S MH - ACSC/STJ E MH - ACSC/STJ W MH - ACSC/STJ Urban Residential Subdistrict Urban Residential Subdistrict Urban Residential Subdistrict Urban Residential Subdistrict Minimum Yard Reauirements for Subiect Property: Front: 25 Yes 0 Yes ~ No 0 No 0 Corner lot: Side: 7.5 Waterfront Lot: Rear: 10 BE ADVISED THAT SECTION 10.03.0S.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS 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) IMMEDIA TEL Y. Collier County Application 2008 2 Agenda Item No. 17 A February 24, 2009 Page 19 of 24 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 (5) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LOC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. The applicant is requesting to impact 139.4sf of mangroves on his property in order to construct 0 64'*28' single family stilt home. The applicant is also requesting to reduce the front yard setback requirement from 25' to 16' to minimize adverse impacts and clearing of mangroves. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Boord 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. The property is located on Planatation Island and os depicted on the Adjacent Setback Exhibit there is a wide variaty of front yard setbacks in the vicinity. There is also a very evident trend of mangrove clearing in the area. The applicant is striving toward the utilization of the property coupled with the preservation of the maximum amout vegetation. 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. No. 3. Will a literal interpretation of the prOVISions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, the applicant has put a sizable down payment on the structure that is intended for the property, os well as investment in procuring state and federal permits. 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 5. 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 same zoning district. No it will not. Granting these two variances to the applicant will afford him the same utilization of his land if not more limited than that of his neighbors. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be iniurious to the neighborhood, or otherwise detrimental to the public welfare. Yes it will. Granting these two variances to the applicant will afford him the same utilization of his land if not more limited than that of his neighbors. The size of his building and proposed positioning is concurrent with the area. In addition the applicant is proposing to retain as much mangrove vegetation onsite os possible, as well as mitigating the square footage of the impacted mangroves on site. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such os natural preserves, lakes, golf course, etc. Collicr County Applicalion 2008 3 No Aoenda item No. 17 A - February 24, 2009 Page 20 of 24 8. Will granting the variance be consistent with the growth management plan. Yes 9. OfficiallnterDretations or Zonina Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes ~ No If so, please provide copies. Collier County Application 2()(JR 4 Agenda ilem No. 17 A February 24, 2009 Page 21 of 24 RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2008-AR-I3756, GRANTING TWO VARIANCES FROM THE LAND DEVELOPMENT CODE, THE FIRST BEING A VARIANCE FROM SUBSECTION 4.02.01.A, TABLE 2,1 (FRONT YARD SETBACKS), AND THE SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED fN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, arnongwhich is the granting of variances; and WHEREAS, Petitioner has requested a front yard setback variance from subsection 4.02.01.A, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9-foot variance), pursuant to LDC Section 9.04,00, for construction of a single-family stilt home; and WHEREAS, Petitioner has also requested a variance from subsection 4.02.l4.C.4 of the LDC, pursuant to subsection 9.04.02.B.I thereof, to allow dredging and filling of, and related impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation Island Subdivision (unrecorded), utilizing thc procedure set forth in section 9.04.03 of the LDC; . and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting these variances; and Page 10f3 Agenda Item No. 17 A February 24, 2009 Page 22 of 24 WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in properly noticed public meeting, and the Board has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLUoR COlJNTY, FLORIDA, that the Board hereby approves a variance from LDC subsection 4.02.0 l.A, Table 2.1, to decrease the 25- foot front yard setback requirement to 16 feet (i,e., a 9-foot variance), for construction of single-family still home on property described as: Lot 77 of Unrecorded Plat of Plantation Island Mobile Home Sites, Unit No.3, located in Section 24, Township 53 South, Range 29 East; from the Northwest corner of Section 24, Township 53 South, Range 29 East Collier County, Florida run, S87 32'20" E, along the North line of said Section 24, for 467.98 feet; thence nm 82 27'40" W, for 210.00 feet; thence nm 887 32'20" E for 980 feet; thence IUn S2 27'40" W lor 130 feet to the POINT OF BEGINNING. Thence run 8 2 27'40" W for 60 feet; thence run N 87 32 '20" W for 100 feet; thence run N 221'40" E for 60 fect; thcnce run S 8732'20" E, for 100 feet to the POINT OF BEGINNING (the "Property"); and BE IT FURTHER RESOLVED, that the Board hereby approves a variance from LDC subsection 4.02.14.C.4, to allow dredging and filling of 139.4 square feet of mangroves on the Property, consistent with the Site Plan attached hereto as Exhibit A, as requested in Petition V A- 2008-AR-13756, filed by Lauren Barber of Turrell, Hall & Associates, Inc., on behalf of Lee Wyatt, as Trustee of the Lee Wyatt Trust #2. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2008-AR-13756 be recorded in the minutes of this Board. Page 2 of3 Agenda Item r,o. 17 A February 24, 2009 Page 23 of 24 This Resolution adopted after motion, second and majority vote, this day of ,2009. ATTEST: DWIGHT E. 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