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Agenda 01/29/2008 Item # 6B Agenda Item No. 68 January 29, 2008 Page 1 of 2 COlliER COUNIY MANAGER'S OFFICE 3301 East Tamiami Ttail . Naples, Flotida 34111 . (239) 774-8383 . FAX (239) 774-4010 November 13, 2007 Patrick G. White, Esq. Of Counsel Porter Wright Morris & Arthur LLP 5801 Pelican Bay Boulevard, Suite 300 Naples, FL 34108-2709 Re: Public Petition Request to Discuss Orders Finding Violation Relating to Property Owned by Jerry and Kimberlea Blocker Dear Mr. White: Please be advised that you are schec;!uled to appear before the Collier County Board of Commissioners at the meeting of November 27, 2007, regarding the above referenced subject 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. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future rneeting. 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. arelY, " James ~?(~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt. CD&ES Administrator - Agenda Item No. 6B January 29, 2008 Page 2 of2 Request to Soeak under Public Petition Name: Patrick G. White, Esq" Attorney for Jerry and Kimberlea Blocker Address: 5801 Pelican Bay Blvd., Suite 300 Naples, FL 34108-2709 Phone: 239-593-2963 (office) 239-593-2990 (fax) Date of the Board MeetinQ vou wish to soeak: November 27,2007 Please exolain in detail the reason vou are reQuestinQ to soeak: To discuss altemative means to resolve pending Collier County Code Enforcement Board (CEB) cases. On Thursday, November 29, 2007, the CEB will be considering whether or not to impose fines in three related, connected cases, which seek to have the existing use of more than five decades legitimized. As an alternative to rezoning the subject properties, which would also require an amendment to the County's Growth Management Plan (GMP), Mr. & Mrs. Blocker request that in the interest of fairness and equal treatment that the CEB be asked to amend its Orders Finding Violation to allow CDunty staff and Mr. & Mrs. Blocker to use the Immokalee Initiative's Site Improvement Plan (SIP) process to abate the present code violations. Under the existing regulations of both the GMP and LDC, non-conforming mobile home parks are given the right to come into compliance with today's regulations if they follow the SIP process. Because the date specified in the LDC has passed to voluntarily enter the SIP process, however, in order to use the SIP process the CEB must order respondents to abate their violations under that section of the LDC. Thus, by law, the CEB may re-open the window and allow a violator to cure the violation in the same manner as dozens of park owners have previously done under the Immokalee Initiative. As mentioned, this use has been present on-site since the mid-1950's. Mr. & Mrs. Blocker have been unable to find any map of the then effective zoning districts and then existing zoning laws that when taken together prohibit the current use. As a non- conforming use Mr. & Mrs. Blocker are entitled to use the SIP process if the CEB amends its Orders. Please exolain in detail the action vou are askino the Commission to take: To recommend that the CEB modify its Orders Finding Violation to allow County staff and Mr. & Mrs. Blocker to use the Immokalee Initiative's Site Improvement Plan process to abate their code violations. Hand Delivered 11/13/07 NAPLFSIJ318ISv.0I