Agenda 12/01/2009 Item # 6A
Agenda Item No. 6A
December 1, 2009
Page 1 of 4
Office of the County Manager
Leo E. Ochs, Jr.
3301 East Tamiami Trail' Naples Florida 34112' (239) 252-8383' FAX: (239) 252-4010
November 17, 2009
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, PA
3200 North Tamiami Trail, Suite 200
Naples, FL 34103
Re: Public Petition Request to Discuss a One-Year Extension of Enforcement
Abatement and Exercise of Prosecutorial Discretion by Code Enforcement at 5510
Shirley Street
Dear Mr. Pires:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of December 1, 2009, regarding the above referenced
subject. (There is no BCC meeting on November 24, 2009, due to the Thanksgiving
holiday.)
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board shouid be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
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Leo E. Ochs, Jr.
County Manager
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cc: Jeffrey Klatzkow, County Attorney
Joseph Schmitt, CD&ES Administrator
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Agenda Item No. 6A
December 1, 2009
Page 2 of 4
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Please print
Name: ~ P. PlllES, JR.
Address: 3200 NORTH TAHIAMI TRAIL, SUITI 200
...lIAEU;ll. FI.lmIDj 341JlJ
Phone: 239-649-6555
December I, 2009 .
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Must circle yes or no:
Is this subject matter under IlIlgatlon at this time? V.. I~
Is this subject matter an ongoing Code Enforcement cue? V.. I~
Nota: If either answer Is "yes", the Bosrel will hear the Ilsm but will have no
dl8cuulon regarding the Item after It I. prnentsd.
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PLEASE SEE AtTACHED LiTTEll
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PLEASI SEE ATTACHED LEtTER
."- H:Wory.,mlPubllc Petition Requlll Fonn . 2008 now l'omLdoc
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Agenda Item No, 6A
December 1, 2009
Page 3 of 4
WOODWARD, PIRES & LOMBARDO, P.A.
ATTORNEYS AT LAW
CRAIG R. WOODWARD
Iloudc...m.i RaIl".-
MARK), WOODWARD
ANTHONYP.PIIlES,JR.
IloudCutiWCllJ<c....,.
ondLooolGo._,Q.... Honorable Donna Fiala, Chainnan
J,CHRJSTOPHERlDMaAAOO Board of County Commissioners
STEvENY. &IDUNT Collier County Florida
CARRIE E.lAOEMAN
CWo F, ZAMI'OGNA
JENNlfERL DEVRIES
JENNIFER.M. TENNEY
REPLY TO:
...J.. 3200 TAMIAMI TRAIL N.
r SUITE 200
NAPLES. fL 34103
239.649-6555
239-649-7342 FAX
o 606 BAlD EMJLE DRIVE
Sum SOO
P.O, IlOXONE
MARco ISlAND, FL34I46
239.394-5161
239-642-6<02 FAX
WWW.WPl-LEGALCOM
November 16, 2009
Re:
PUBLIC PETITION: Homer Helter's Antiques and Militaria;
Request For One Year Extension of Abatement and Exercise of
Prosecutorial Discretion by Code Enforcement
Dear Chairman Fiala:
This law firm currently represents Homer Helter and the property
owner of the "Industria'" zoned property at 5510 Shirley Street. By action of
the Board of County Commissioners at its meeting of December 12-13,
2006, the Board granted a three (3) year reprieve from the enforcement of
code enforcement matters for various businesses located in the Industrial
Park bounded by Pine Ridge Road, Airport-Pulling Road, Taylor Road and
Trade Center Way. The subject property at 5510 Shirley Street is located in
this area and we are asking for a two year extension of the enforcement
abatement in order to complete the Land Development Code [LDC]
amendment process currently underway,
On May 28, 2009, on behalf of Mr, Helter, and the property owner of
5510 Street, this law firm filed a LDC Amendment Request, along with the
$3,000,00 filing fee, as part of LDC Amendment 2009 Cycle 1, The
proposed LDC Amendment Request, Private Petition PL2009-38338, was
filed to amend the Industrial District Regulations of the LDC to resolve all
pending matters and issues and business operations including but not
limited to the existing antique retail/wholesale business usage at 5510
Shirley Street, Naples in the Industrial District currently owned by Mr.
Homer Helter,
Petition PL2009-38338 was recommend unanimously for approval by
the Development Services Advisory Committee [DSAC] LOR Sub-
committee at its meeting of August 19, 2009 and was recommended
unanimously for approval by the full DSAC at its meeting of September 2,
2009,
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Agenda Item No, 6A
December 1, 2009
Page 4 of4
The Board of County Commissioners is not anticipated to hear the proposed
Amendment 2009 Cycle 1 amendments no earlier than the second quarter of 201 O.
As a result Mr. Homer Helter and the owner of the property at 5510 Shirley Street
respectfully request that the three (3) year reprieve previously granted by the Board of
County Commissioners be extended by an additional one (1) year to allow sufficient
time for review and action on the proposed LDC Amendment.
ony P. Pires, Jr" Esq.
APPllg
Cc: Joe Schmitt, CDES
Diana Flagg, Code Enforcement
Leo Ochs County Manager
Clients
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