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Agenda 01/15/2008 Item # 7A Agenda Item No. 7A January 15, 2008 Page 1 of 44 EXECUTIVE SUMMARY VA-2007-AR-12129, Antonio Faga, representing James and Ruth Kalvin, requesting two after-the-fact Variances from the requirements of Section 5.03.03.D.4 of the Land Development Code (LDC) to allow a 7.4-foot Variance from the 20-foot separation requirement for an existing guesthouse from the principal dwelling; and a Variance of 19 percent from the maximum 40 percent size limit of guesthouses relative to the air-conditioned area of the principal dwelling. The 2.52-acre site is located at 5801 Cedar Tree Lane, in Section 20, Township 49 South, Range 26 East of Collier County, Florida OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above-referenced Variance petition and r~nder a decision pursuant to Section 9.04.00 ofthe Land Development Code (LDC) in order to ensure that the project is in hannony with all applicable codes and regulations and that the community's interests are maintained. CONSIDERATIONS: The petitioners are requesting two after-the- fact Variances from the requirements of Section 5.03,03.DA of the Land Development Code (LDC) to allow a 7A-foot Variance from the 20-foot separation requirement for guesthouses from principal dwellings, and a Variance of 19 percent from the maximum 40 percent size limit of guesthouses relative to the air-conditioned area of the principal dwelling. If approved, these Variance requests would legitimize the current 12.6-foot separation between the existing guesthouse and the principal dwelling; and the 735 square-foot floor area of the guesthouse, which is 59 percent the size of the air-conditioned area of the principal dwelling. The 2.52-acre subject property is a canal lot located at 5801 Cedar Tree Lane, Golden Gate Estates. The applicants are not the original owners of the single-family home on the subject site, which was purchased in December, 2005. In June, 2006, following the inspection of a properly permitted propane tank installation on their property, Code Enforcement cited the applicants for the guesthouse's separation and square footage violations. Upon the applicants' subscquent research into the Building Review and Permitting Department's records, they were unable to find building permits for either the property's principal dwelling or its accessory guesthouse (which is not uncommon for structures built prior to 1980, the year the County converted to an electronic archival system). However, the records they were able to obtain from the Property Appraiser's office indicated that both the principal dwelling and the guesthouse had been in existence since at least 1979: and aerial photographs from the era further substantiated these structures' existence from at least 1981. Nevertheless, as cited above, LDC Section 5.03,03 requires a 20-foot separation between guesthouses and principal dwellings, with the size of a guesthouse restricted to 40 percent the size of the air-conditioned area of the principal structure. As previously stated, the guesthouse is situated only 12.6 feet from the principal structure, and is 59 percent the Agenda Item No.7 A January 15, 2008 Page 2 of 44 size of the principal structure's air-conditioned area. These figures represent an overage of7.4 feet and 19 percent, respectively, which are the two Variance requests being made with this application, FISCAL IMPACT: The approval of this Variance petition by and of itself does not have a fiscal impact on the County. The fiscal impact occurs as development occurs, The fiscal impacts of development are addressed through the payment of impact fees that are collected after the zoning issues are addressed, The County co Ilects impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities, The impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted Levels of Service (LOS) for public facilities. In the event that impact fee collections are inadequate to maintain adopted Levels of Service, the County must provide supplemental funds from other revenue sources in order to buiid needed facilities. Development takes place in an environment of concurrency management. When LOS requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. However, the property will be required to pay ad valorem taxes. As discussed in detail in the Collier COWlty Planning Commission (CCPC) Recommendation portion of this repOli below, the CCPC, as a part of their motion, recommended that the fees related to this Variance request be waived. Should the BCC decide to reimburse the applicant for the Variance fee ($4,000), planning staff would request that the BCC also authorize a transfer of dollars in the value of the Variance fee from MSTD General Fund (II I) to Planning Fund (131). This action would require a budget amendment. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. The Growth Management Plan does not address individual Variance requests, but deals with the larger issue of the actual use. As noted, this Variance is being sought for a guesthouse on a single-family homesite located within a platted neighborhood of similar, single-family homes. As residential uses are an authorized use in this land use designation, the single-family home is consistent with the Future Land Use Element (FLUE). Furthennore, gucsthouses are permitted as an accessory use to single-family homes; therefore, the uses on the subject site are consistent with the FLUE. AFFORDABLE HOUSING IMPACT: Approval of this Variance would have no affordable housing impact. ENVIRONMENTAL ISSUES: Environmental Review statf evaluated this pel1tlon and determined that there are no environmental issues that need to be addressed at this time. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required by the LDC. 2 VA-07-AR-12129 Agenda Item NO.7 A January 15, 2008 Page 3 of 44 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition as they do not nonnally hear Variance petitions, COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition V A-2007-AR-12129 on November 15,2007, and believing that approval of the Variance would not be injurious to the neighborhood or detrimental to the public welfare, voted (7-1) to forward this petition to the BZA with a recommendation of approval. The CCPC, as a part of their motion, recommended that the fees related to this Variance request be waived, citing that the violation was trivial in nature since only the homeowners themselves were affected by it and, accordingly, should have an administrative process to rectify it. In light of the fact that the preponderance of operations within the Collier County Community Development and Environmental Services Division (CDES) are funded by fees in the core service areas of building penn its, building inspections, site plan reviews, subdivision reviews, land use petitions and other related activities, the Board, if they choose to approve the reimbursement of the fees related to this petition, should also approve an applicable budget amendment to reimburse Fund 131 (Development Scrvices Permitting and Land Use Fees) from MSTD General Fund (111) reserves to finance the costs of the scrvices provided as defined in the Community Development and Environmcntal Services Fee Schedule, Fees for the services provided are $4,000 ($2,000 for the Variance application + a $2,000 after-the- fact penalty fee) plus $1,123 in related public hearing advertising fees, totaling $5,123, The dissenting Commissioner, although supportive of the Variance request, was not supportive of the motion's stipulation to refund the applicants' costs. It is solely for this reason that the CCPC's recommendation of approval was not unanimous and why this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: The petitioners are requesting two aftcr-the-fact Variances relating to a long-established guesthouse, The granting of such Variances is pemlitted under LDC Section 9,04,02. The attached Staff Report and recommendations of the CCPC are advisory only and are not binding on you, Decisions regarding Variances are quasi-judicial, and all testimony given must be under oath. Petitioners have the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question the petitioners or staff to assure yourself that the necessary criteria have been satisfied. Should you consider denying the Variance, to assure that your 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 affimlative votes of the Board. In granting any Variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in confonnity with the zoning code, including, but not limited to, reasonable time limits within which action lor which the Variance is required shall be begun or completed, or both. Vio lation of such conditions and safeguards, when made a 3 VA-07-AR-12129 AQenda Item NO.7 A - January 15, 2008 Page 4 of 44 part of the terms under which thc Variance is granted, would be deemed a violation ofthe zoning code. Criteria for Variances I. 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 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 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 preserves, lakes, golf course, etc, 8. Granting the Variance will be consistent with the GMP, The proposed Resolution was prepared by the County Attorney's Office and is sufficient for Board action. -JAK RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve Petition V A-2007-AR- ] 2129, If the Board chooses to approve the reimbursement of the fees related to this petition, as proposed by the CCPC, Staff recommends that they also approve an applicable budget amendment to reimburse Fund 131 to finance the costs of the services provided. PREPARED BY: John-David Moss, AICP, Principal Planner Department of Zoning and Land Development Review 4 VA-07-AR-12129 Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item NO.7 A January 15, 2008 Page 5 of 44 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 7A This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. VA-2007-,A,R-12129 James and Ruth Kalvin, represented by Antonio Faga, requesting after-the-facl square-footage and separation Variances for an eXisting guest house in the Estates Zoning District. The 2.52-acre property is located at 5801 Cedar Tree Lane. in Section 20 Township 49 South, Range 26 East of Collier County, Florida. 1/15/200890000 AM Prepared By John~David Moss Community Development & Environmental Services Senior Planner Date Approved By Zoning & Land Development 12/17/20079:23:07 AM Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 12/17/200710:56 AM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Date Community Development & Environmental Services Admin. 12/17/20071 :36 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Communtty Development & 12/18/20077:39 PM Approved By Environmental Services Admin. OMS Coordinator Administrative Services Applications Analyst Date Information Technology 12/26/20079:22 AM Approved By Mark Isackson County Manager's Office Budget Ar.a!yst Date Office of rJ:anagement & Blldget 12128/200710:48 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 12/28/2007 2:04 PM Approved By James V. Mudd Board of County County Manager Date file:/ /C:\Agenda Test\Export\98-January%20 15,%202008\07 .%20BOARD%200F%20Z0NI... 1/9/2008 Page 2 of2 Aqenda Item No. 7/", - January 15, 2008 Page 6 of 44 Commissioners County Manager's Office 12128/20072:42 PM file:/ /C:IAgenda TestIExportI98-January%20 15, %202008107. %20BOARD%200F%20Z0NI... 1/9/2008 Agenda Item NO.7 A January 15, 2008 Page 7 of 44 ~ RESOLUTION 2008-_ A RESOLUTION OF THE BOARD OF ZONING APFEALS OF COUIER COUNTY, FJ..ORIDA, RIlLATING TO PETITION NUMBER VA-2007-AR-12129, FOR AFl'ER.THE-FACT SQUARE.FOOTAGE AND SEPARATION VARIANCES FOR AN EXISTING GUESTIlOUSE IN TIlE ESTATES ZONING DISTRICT ON PROPERTY HERE1NAFJ'ER DESCRIEED IN COLLIER COUNTY, FLORIDA WHEREAS. the Legislature of the Stale of Florida in Chapter l25, Florida Statutes, hils tlonferred on aU counties in Florida tbe pOWl;;f to estllbJi8h, coordinate Elod enforce zoning and such business regullltions as are neceBsary fOf the protection (l.f the public; and WHEREAS, the County pursuant th.ereto has auoptcd a Land De\'elopment Code (!..DC) (Ordina.nce No. 2004-41, liS amended) which establishes regulations for Ole zuning of particulur geographic divisions of ibe County, among which is the granting of variance!;.; and WHEREAS, in December of 2005, Petitioners James and Ruth Kalvin, purchased a single-family residence And guest house located at 5801 Cedar Tree Lane, Collier County, Florida, which structures were built in 1979; and WHEREAS, pursuant to LDC Section 5.03,03, the maximum floor area of a guest hQU5e cannot exceed forty (40) percent of the air-conditioned, enclQsed 1ivilig area (excluding garages, carports, patios, porches, utility areas., and th.e Iilce) of the principal dwcUing, and a detached guest houses can Mt be closer than twenty (20) feet to the principal dwelling; and WHEREAS, while haying properly penniued wurk done all [he property, Petitioners learned that the guest house was at some point in time unlawfully converted from a garage, exceeds the maJ(imllffi floor area by nineteen (19) percent, and does not meet the requisite separation distance from the main house, being 12.6 feet instead of twenty (20) feet; and WHEREAS, the Board ofZonil1g Appeals has held a public hearingafLer notice as in said regulations made and provided, and haS' considered the advisability of after-the~fact square- footage Bnd separation Variances for the c.xisting guestl10usc in tne Estates Zoning District as shown on (he p(Qt plan attached as Exhibit A, for the propelty hcroillo.fter described, Ilnd has found as a maUcr of fact that satisfaclOry provision and Brrangement have been made concerning. all applicable m!ltters required by said regulutions and to accordan~ wHh Section 9.04-.00 of the Zoning Regulations of said Land DC\ielopment Code for tne un1ncorporated area of Collier County; and Page 1 of2 ".~1' ~'.. Agenda Item No.7 A January 15, 2008 Page B of 44 WHEREAS, an intcresled parties have been given opportunity to be heard by this Board in pubHc meeting assembled, and the Board having considered all matters presented. NOW, TBERRPORP., BE IT RESOLVED BY The Board of Zoning Appeals of Collier County, Florida, that Pelttion VA~2004~AR~12129 filed by Antonio Page, Esq., representb1g Petitioners James ;Bnd Ruth Kalvin, with respect 10 the propeny hereinafter describzd as: Golden Gate Estates Unil 31, Lot 88, as recorded in PInt Book 7, Page 59, Collier County, Florida, Folio No. be and the same hereby is approved for after.the~fal;,;t square-footage arid sepnr3Lion Variances for an existing guesthouse in the Estate.... Zoning Dishiet flS sllown on the plot plan, aU<lcBed as El'i.hibit "A", of the Estates Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007.AR.121'29 be recorded in the minutes of (his Board, This Resolution auop!ed after mOlion, second and majority vote, this _ day of ,2008. A'ITBST: DWIGfIT E. BROCK, CLERK BOARD OF ZONING APPEALS C01l.!ER COUNTY, FLORlDA By: By: , CHAIRMAN , Deputy Clerk Ap Dved as to f()Un and leg s ffide Jef 1 lzkow, Chi As isumt County Attorney Page 2 of 2 .. 'T'!'I'j'''--_.'+ .-.r...... P' I .L i , \ f',genda Item I~o. 7 A January 15, 2008 Paae 9 of 44 Ha~ THE INr,"r rJf' rHlS $lJR~r l~ FOR rm.1." T/l;'AfIUf:fl:;:;11 . C(JP'tRliYfT eN~ F'.LA. Et.Wvrrs~. 11 . PAGE 1 OF S Sf' R/NUU: SIDe roR PMr Il Dr I ~ 4&" COlIC ... a ~ "'Jar ~ ""US< ",.. " -~1 JIlITillL 'A' t .l'C.4Ltl'-JltI B GARIla~ ~ FLOOD ZONE I x COMMUNITY PANEl.. Jf1COJira()ofZSD J:NDEX DA'J.'Im l 11-J1-DS (FtOOP %(It{E I ~B.,.C.,.C., &. .X" ARE' ~i CERt'lnCATION ; IN OESlaHA1ED FLOOD HI.ZARO ZONE MEA) (AS lAt<:E;N rROlrol WE6SllE - WffN. I CERllF"1' lHA.T THIS suRvtY WA!i MAOe: UNDm NY DlRe:CllON ANO Tl-l....T IT MEETS GlS,t:OWERCZOV,NE.TlwaSlTE/FENA,jIEW/) THE. MINIMUM 'TECHNICAL ST...NOAADS SET FORlH 8'" THE aOARtl Of f'ROFESS1ONAl. NOfl!: l.AHD SURVEYOOS AtlD "'A.pPEflS IN cHAPTER 61017-8. A.ORl.IM, 1.Dl.lINlSTRATI\It IN.CMLIANct': ~lTH FAt. CODE, PUil TIll ~ 1,7 027. FlO~IDA ST,.,lUtEs. 'lG11-'.oo:Jl ($) (E;l ur t.OCA't'lDtf or -Z E:A5I:ttrtHT$ DR RtGHT"DF'~UI\Y DF RtCQRD, 6Y I T- SURvt."{ DATE: I }J-J7-.EbD' 01ltER TIUlN nUlSE C&I RtCORD f'LAT, 1$ !BLAND P. DySMttl, '0659 CUH'fON W. rrNS'l'AD. PIS 124;;--- ~l~~b ~'tf:::~~RM~~ ~f'PCR. GEORGll ft, RICHYOltD, PLS #2400 MAal' 2. FJNer!D, PSJ.t tllIeD1 SfEPlf..BW NACDOlULD. PLS '1001 ~~t eA~~RtF1~~s8[vr~\SZ~~~Tu!;:ft't~Nls~g~s~l.E~ Of' tNC\JJ.4aAANCb:!. ~T~UO#nfittLt~~1Cf.'fJ.'tI~ ~~~R SlJRYEY IS VALlO FOR gO OA'fS. PLEAS( REFER TO Re:VfR5't '.iltJE Fe;(( GENERA.!. HOTES &: A8~REVlA'tIOOS. NOr~r PROPLflTY CJIIN~R SHDL1l.U a,TIl1N 'rIRrrTI:N f'LaoD ZCJHr DET/:RHlNATJDN rROM LOCAL. p~RH1rr1NG. Pl.AWUNG AND J1UrLDING IJ(PItRTHEHt PRIOR TO Affr CDNSTI?tJCTlDN Pl.ANNING Awn/DR ClJHSTlWCr1DN. F L A SURVEYS CORP '~61 r.-,t.0!l ROAll, sum: 1 REVISIONS . , . , NAP""S, FLORlD~ 3<109 CERnACAMN PROfESSIONAL LAND SURVEYORS 6< MAPPERS-LB 6569 23'-"'-;936 FAX D99-5'" \2-'-05 92.$0 cou..EGE PKWY SUllE 10 n. MYERS. Fl.ORIOA 339\; 23g-274-9518 fJl,x 271-9!119 ~Hl~ OF BOUNDARY SURVEY ]I"lfo} FOR FENCE CONSTRTlCTION NOT FOR CONSTRUCTION NOT FOR DESIGN srRE:tr ADTJRfSS 5901 crDAR TREE LAN€ NAPl..fS, FLDRIDA """" S,fJ'J""W~'C. 33MlQ' CP) PlIlr~Rf __.~M.....!eX_M.~""_M_____~=c.:---=""=="'fr~".".."."'''''''.- __M"_"_"W;_~__R""'M_"_;;, ~ +-- - 4tf.' nR ""i(p, ,'fJJ3 DrTS(T - - - - u~u-D6i:lmjj;-1) I 1 oj- .~,. 1 I' TIMer 73 rRACr eft '" z ~~ ::~ ~~ \<l", ~~ "'j; ~'" -lf7.4'" ___....'4,.....___ _~IU.......__ -___It,II''-___ ---~,,'----- .....,,(.:... SCA!.I: l' . 8Q' I" I' - I I I I I : I r4ta' lIt' '+'Jf{" I I I I 1.1 I I I I I I __.L_.L___LL_ MfJP'4-f'ltl.v, :lei,ag' (H) . ,",S' NT IrJ- o 10 4 IV GRAPHIC StALi: "" PK 1l'1!l!r~"~ "~ fIR I/I!' NIl 10 1:D<<J1f'fWICI'€ -- 18th AVfJ{lE S'"' (Pu.r> a:1JIt~ rflt:a LANt 6tl. ROll tr'TrLDJ N,S9'4D'~'II. 6GMD' (/'''H~ (/I'.D,~ Me~~O'301f. 3J~O~ (PJ LEGAl. DESCRfPTION : TRAct SS, riC1t.DEN G~n: ("STAres, UNIT 31" f1CCORJ)lNG TD TIC PLAT THeREOF AS R!Xf]R[)f:D [/II PLAT IJ(NJI( 7, .' P'AG! 59} or THt PUBLIC RECORDS or erR-LIt/? CQt.NoI'fY, FLORIDA CERTIl'IED TO : .lAMa N, AND RUfH P. KAt VIN WORLD SAV/NriS BANK. ,S}J ITS SI./CCfSSlJRS ""tiP/OR ASS 1GNS GDlJIN.E:TT/: CQL.(HAN" .JfJHUSDN. P.A, rlRST AHE:.kWAN TIrL( INroRANC~ CDH?ANr STr\(A~T ~v rIRH. PLC ATTDRNf--r-S' rm.r INSuRANC~ FUND. INC. " PAD Ie"", I t $rMiLt .H!lRr ROun:NCE ''''' ,.. N , I ORA"" BY' QUALITY CONTROlLEO BYt HA PARTY CHle:rl T. CHRISt-tAN eN ......,...,...................-.................."'l)."..'::":":': flRS7I1' '&173 orfur \"'" TIMeT ItJ I ~~ , ~ I ~~ I ~~ I~~ I ~~ I I FIk 518' "'''' .,. "" p< PROJECT NO: 05-13245 Exhibit J ...~,._._.-_....- .. _._n.~_" ..---- Aqenda Item No.7 A , January 15, 2008 Page 10 of 44 COLLIER COUNTY GOYERNMENT DEPT. OF ZONING &, LAND DEYELOPMENT REVIEW WWW.COLlIERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(,) REQUIRED FOR A PARTICULAR ZONING DISTRICT) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be completed by staj[ Above to be completed by staff APPLICANT/AGENT .!.NFORMATION NAME OF APPLlCANT(S) James N. and Ruth p, Kalvin ADDRESS 5801 Cedar Tree Ln CITY Naples TELEPHONE # 775-0746. CELL # 465-1985 '~,__ E-MAIL ADDRESS:jkalvin@kraftconstructiol1.com -] STATE FI ZIP 34116 FAX # 643-2514 NAME OF AGENT Antonio Fapa, ADDRESS 7955 Airport PUllinp Road__ CITY Naples___ STATE FI TELEPHONE # 597-9999 CELL # FAX # E-MAIL ADDRESS: _. _ ZIP 34109 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Va.riance Application rev. 12/23/04 Page 1 of7 i\genda Item No. 7/'\ January 15, 2008 Page 11 of 44 ASSOCIATIONS Complete the following for all Assoclation(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: n/a. MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS _~ crTY STATE ZIP NAME OF MASTER ASSOCIATION: n/a MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: n/a MAILING ADDRESS CITY STATE ZIP PROPERTY DESCRIPTION Legal Description of Snbject Property: Seclion/Township/Range 20 /49 /26 Subdivision: Golden Gate Estates Property 1.0.#: 38227520005 Unit 31 Lot: 88 Block: Metes & Bounds Description:. Acreage: 2.52 Addres. of Subject Properly (If different from Petitioner's address): Variance Application rov. ] 2123!O4 Page2of7 l ADJACENT ZONING AND LAND USE P,aenda Item f\Jo 7/\ " January 15, 2008 Paoe 12 of 44 . .J Zoning N ~ S :G- E t2: .,"--- w ~.v.; Land Use Single Family Res.wt'~9t l^ , e -:f- V,LC- '1.-1.- . v.... Minimum Yard ReQuirements for Subiect ProDerfv; ["'Fron" Side: __~ Rear: 15 30 '7S, \ Corner Lot: Waterfront Lot: Ves 0 Ves 0 No L!J No L!J - NATURE OF PETITION Provide a detailed explanation of the request including what structures ate existing and what Is prop~sedi the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' '0 181; when property owner purchased property; when existing principal structure was built (include buildIng permit number (Ii) if possible); why encroachment is nEl~eSsarYi how existing encroachment came to be, etc. For projects authorized under LOe Section 9.04.02/ provide detCli1ed description of site alterQtions, including any dredging and filling. Purc;.hased house and guest house in December of 2005, Structures were as they are now, wi no alterations to sq footage or footprint. While having permitted work done to inst~1I a p!opane tank, code enforcement cited the guest house as "unlawful conversion to living space,"_!,-s well, ",!_e hewe 1J~_E!nt.old th_~the guest house is too close to the main house, and is !c:>o big in~rE!lation tot~~_main ho~e. Pulle~Rroperty card, and found "res & guest" on form. Met with County Commissioner and..c:;ounty.Attorney to discuss, and could not locate code boo~for the year that house V'i?:.s bu~\.1979). We are seeking a variance to -- -- allow the structl,!r.es to standasthey _~<l.~~ stoodJ()r 28 years, in liell ()f performing major construction chang_es to bring proPE!rty~p_to t()9ay's ~.o~e, If this is. required, it would present a catastrophic financial ha~shjp on our family, Please note that staff and the Collier County Planning Commission shall be guided in their recommendotion to the Boord of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a yorial1ce petition by the below listed criteria (1-8). \please address these crlteriCl using oddltloncd pages if necessary.) Vari~m:e Application rev. 12/23/04 Page 3 of? Agenda Item No. 7A January 15, 2008 Page 13 of.14 1. Are there special condItions cmd circumstances exlstlng which are peculiar to the location, size Clnd characteristics of the land, structure, or building Involved. No 2. Are there spedal conditions and circumstances which do not result from the acHon of the applicant such 0$ pre-exIsting cond1tions relaUve to the property which IS the subJect of the vClrfonce request, Yes - the structures were built in 1979. We purchased the property on 12/21/05, The structures are, today, exactly as they were when purchased, We have not chanQed the fo()tprint, the structures, or the under-all' square footaQe. 3. Will a literal Interpretation of the provisions of this 'Zoning code work unnecessary Clnd undue hardship on the l:lpplicant or CI'sqte practical difficulties on the appHccmt. It will create a financial hardship for our family. We bought an older property with the understanding that we would spend money to up-grade some features, We.~ did not plan, and we are financially unable, to re:model the entire house, 4, Will the variance, If granted, be the minimum voriance that will make possible the reasonable use of the land, buildil1g or structure and whk:h promote standards of health, safety or welfare, Yes, 5. Will granting the varionce requested confer on the petitioner any special prIvilege that is denied by these zoning regulations to other lands., build1ngs, or structures in the same zonlng district. No. Variance Application rev. 12/23(04 Page 4 of7 Agenda item !\Jo. 7 A January 15, 2008 Page 14 of.14 6. Will grontlng the variance be in harmony with the intent and purpose of thfs zoning code, and not be Injurious to the neighborhood, or otherwise detrlmental to the public welfare. Yes. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and obJectives of the regulation such as natvrof preserves, lake~1 golf course/ etc. No. 8. Will granting the variance be consistent with the growth managemerit plan. Yes. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEYELOPMENT 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) IMMEDIATELY. Vari.ance Application rev. 12/23/04 Page:5 of7 Agenda Item No.7 A January 15, 2008 Page 15 of 44 (i) AFFIDAVIT We!'1 being fint clvfy sworn, depose and soy that well om/ore tile owners Qf the prop y da$cribed herein and whieh is the slJbiect matter of the proposfld hearing; that all the answers to the questions ;n this ap ;cotion, induding the disclosure of interest informationl all $ketches, dafo, Clnd of her s(Jpplementary matter attached to and made a part of this app/icafioll, are honest OIlO true to the best or our knowledge and beTief. We/I vl1darsfand thaf the information requesfed on this application must be complete and accurate and tho1 fhe CO/lts-nt of flJis form, woether computer generated or County printed sho1J not be oftered. Public heClrings will nof be advertised until t!lis QPpUeaHor'1 js deemed complete, and of! required informotion has been svbmitted. ~7JW/~ ~,d ...- to ad as Qur/my representafive :l:. ~ J!u j) M.,; / noture of ProP<'rfy Owner :.J:;JU<!'/;/. ~kr;' TYP6d or Printed Name of Owner Signature of Property Owner ~)v1:1" K'l!.LlJ !IV Typed or Printed Name of Owner ./,0.,1' ,..,,, ....~ore9oing jnst~um~nt was acknowledged before m.~ this.x day of _/ n~ .J(Lrnt?,~ Kc.J..{) 111 ~~o"p1iY knov.:.~ or nos produr;ed identification. ,2061by 0' Stote of Florido County of Collier ~L - p~' A ,~.._.L.L.., ~ /' / G~..) ~~--'.c-. -P-'(_.L_'~ , (Sig;.,afure of Notary Pvb/ic ~ State of Florido) r.......uCHRisTiN~re.FIKE..'.....U! . . i (o'''$'.j~rr",1. Comml: 0003542&4 i : t~~~1. f:JtPlr1!1s9f12/2000 : . ~. . . ", \.~" ;r: Bonded tI1ru ({lO0}4"J-?-4254: ~ ,. (Print, Ttp~!~':sfump' .J~l~~~;:b'~d' \,~. j Name of Notary Public) Variance Application rev. 12123/04 PAge 7 of7 Agenda Item No.7 A January 15, 2008 Page 16 of 44 '~~ Nam-_+ Me fl Add"~r,- ? ... '.\nnQ, Phone ,~?)'7, 5.'7d-. d-M:.l Date~~7 In the mattel' of the Single Family Residence and Guest House Located at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent property OWnel'j I/We are of the w1derstanding that the house and secondary structure have been built, as they exist today, since] 979. I1We are also of the understanding that, at some unknown point in time, a portion of the interior of the secondary stnwture was converted to living space. Further, T1We arc of the uuderstanding that the secondary stl11cture is too close to the main house by CUlTent County code, [/We also understand that the property was ptlrehased in December of 2005 by the cun-ent residents, .lames and Ruth Kalvin, with the previously mentioned conditions as they exist today, Due to the situations mentloncd above, it is our understanding that the cun-ent owners of the property, James and Ruth Kalvin, arc seeking a variance to allow the converted living space, and a variance to allow the separation of the main house and the secondary sltucturo to remain as it was originally built in 1979, As an adjaoent property owner, I have no objection to the valianees being granted as; ]) the proposed variances - if granted.. will be oonsistent with the character of the neighborhood, 2) the variances are merely documenting a situation which has existed for many years, 3) bringing a 28 year old structure up to today' s code would place an un-due financial hardship on thc currcnt owners, IlWo have no objection to the granting of the varianoes as outlined above, .~-~ ~n A r ~ }.~ _ ~ ....--;-) ~Ki ~ -lhDVYPJI\ Print Print Agenda Item I~o. 7 A January 15, 2008 Page 17 of 44 Name G:/2.$6 ::5~E6;-nS: Address s-f 7) GOLU/7l. --;;;",ec!,v . Phone ;;1-3<:} }?"/:-I?/S- Date l? A- ;0 7 In the matter of the Single Family Residence and Guest House Located at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent property owner; I1We are of the understanding that the house and secondary structure have been built, as they exist today, since j 979, I1We are also of the understanding that, at some unknown point in time, a portion of the interior of the secondary structure was convelted to living space. FUlther, l/We are of the understanding that the secondary structure is too close to the main house by cUl1'ent County code, I !We also understand that the prop City was purchased in December of2005 by the current residents, James and Ruth Kalvin, with the previously mentioncd conditions as they exist today, Due to the situations mentioned above, it is our understanding that the current owners of the propelty, James and Ruth Kalvin, are seeking a variance to allow the eonvelted living space, and a variance to allow the separation of the main house and the secondary structure to remain as it was originally built in [979, As an adjacent propelty owner, I have no objection to the variances being granted as; ]) the proposed variances - if granted - will be consistent with the charactcr of the neighborhood, 2) the variances are merely documenting a situation which has existed for many years, 3) bringing a 28 year old structure up to today's code would place an un-due financial hardship on the CUlTent owners. I/We have no objection to the granting of the variances as outlined above, c;.} 5~u Sign / &/JItd.. ;:.(/'Ed::72 S- Print Sign Print Aqenda Item ~~o 7l~, - January 15, 2'003 Page 18 of 44 Nume CO-t'S6', (;CV~<f',Y Address 6r:.l n uuu~-fd.r,-,[ .. ie' ,eu en, '::i0{~/cf"i~E ~cl/tl0 Phone ?/'7;J..- (')OS-( " Date c;{u(() - 0'7 In the matter of the Single Family Residence and Guest House Located at 5801 Cedar Tree Lane, Naples, Florida, 34116, and as an adjacent property owner; IIWe are of the understanding that the house and secondary structure have been built, as they exist today, since 1979, l/We are also ofthe understanding that, at some unknown point in time, a portion of thc intcrior of the secondary structure was converted to living space. Further, I/We are of the undcrstanding that the secondary structure is too close to the main house by cun'ent County code, [/We also understand that the property was purchased in Deeembcr of2005 by the current residents, James and Ruth Kalvin, with the previously mentioned conditions as they cxist today, Due to the situations mentioned above, it is our undcrstanding that the CUITent owncrs of the property, James and Ruth KaIvin, are seeking a variance to allow the converted living space, and a variance to allow the separation of the main house and the secondary stl1lcture to remain as it was originally built in 1979, As an adjacent property owncr, [ have no objection to the variances being granted as; 1) the proposed variances - if granted - will be consistent with the character of the neighborhood, 2) the vmiances are mercly documenting a situation which has existed for many years, 3) bringing a 28 year old structurc up to today's code would place an un-due financial hardship on the current owners. lJW c have no objection to the granting of the variances as outlined above. C.-cP~ ~ ~"P'~r~1 tgn Pnnt [ - "~4..>\ . ""-,~rA Sign :~0-:;,.(vf' -- - ~ Print ::"')c:; LcW er t Case NuLjnflD.da1te,g',:,No ~~ y . COLLIER COUNTY CODE ENFORCEMENT J~L':If-, ., <;&. J -' Building Permits, Administrative Code & Other Permit Requiremeuts Page (1 ~~ NOTICE OF VIOLATION Date, "15.IOfp Inv"tlg.tor: P. P.-.f\1dW<.'J \^ Phone, 239.~>'! n on dent ~n"l~O;: f.,J a:. \-'h p \<'cJ-.j,...... ..tn..J>..J~~ MalIlng: ,t;~o I Ced,u'" Ir<." Nc.'P\" ~ t=L \..... 34 \ 1.1" Zoning Dist e sh,....\e.s See '2.0 Twp Legal: Sobdlvlsinn '1J.1 (. ,,(dot (~~ ~ (< \o.leJlloek \.1....\ '1 j Folio -.2,1 J-J. l.~~ (J60,S__. ORBook 1<15 'i! 210 -"'L Location: Uninrorporat.ed Collier County Violation: Pursuant to Collier County Code Enforcement BOiu'd Ordinance 05- 55 and 97-35, as amended, you aI'1:: notified that a violation(lJ) of the following codes exis~: OrdinaDce 2003-37 Collier County Rlghr~ofwWa)' Ordlnunce )g(Ser:tlon 5 Permits. It shalt be unlawful for any Responsible Party to dig, excavate. obstruct, or place any construction or other material, or pcrfonn any other work which disturbs tile existing structure andlor compac:ticm of suil in any right.of.way maintained. by Collier County \l,Ii1hin the boundaries of any municipal corporation, without first obtaining ;11 permit for such work, etc. (Abo found In Sectlon 110, Artlc:le n of the Collier Count)' Code uf Laws: :md OrdJnance$fSection 110.31) Ordinance 04..41, a8 amended, Land Development Code, See. lO.U2.06(.B)(I) "D_t9Jding or land alteratlon permit nnd ccrtlnc.ate of occ.upallc)' iIDO.02.06(B)(I){a)Zonlng action on b[illdlng pe!.mUs..,no building or structure shall be erected, moved, adde.d 10, llltered, utili?..ed or allowed to exist...withoUl first obtaining the autl\orization of the required building permit(s), inspections, and cl':rtificale(s) of occllpancy, etc. Wi O.tt2.06(B)(1)(d) Improvement of property prohibIted prior to Issuance V1rf building permlt. No site work, removal of protected vegetation. grading, improvement of propl:rty or construction of any type may be commenced prior to the issuance of a building pennit where the. d~velopment proposed requires a building P1mnit under this land development code or other applicable county regulations. .di O.02.06(B)(1)(d}(I) In the C\'ellt the improvemcllt of property, t:onstnJctioll of P1.ny type, repairs or remodeling of any type th&t requires a building pe.nnlt has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the iswance of aftertne fact penni!(s). Collier County Code of La,,.s and Ordinances Section 22, Article II 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electricalj gas, mechanical, or plumbing systems which are unsafe, unsanilllry, or do not provide adequate egress, or which con.~tltu!e II lire hllzard, or are otherwise dangerous to human like, or which in relation to ex.isting Us(:s, constitutes a hazard to snfety or health, are c.onsidered unsafe buildings or service systems. All s\lth unsafe bu1ldings, slmctures or service systems are hereby declared illegal, ete 0103.1 J.2 Physical Safety Ipools]. Where peal con!>tTUcllon commences prior to occupancy certification of JI olle or two family dwelling unit on tbe same property, the fence or enclosure required shall be in placc at the Irllle of fmal building inspeeticn....Where pool construction is commenced after occupancy certification of a one or twe. (amily dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending wfLh completion of {he required fence or enclostlre, temporary fencing or an approved sub!:litute shall be in place, etc. 0104.1.3.5 Prohibited Ac(ivJtle~ prior to Permit Issuance. A building pt'nnit (or other written site specific work authorization such us for excavation, tree removal, weU construclJon, approved she development plan, fWing, re. vegetation, etc.) shall have been issued prior to the c.onuncnccment of work al the site. Activities prohibited prior 10 permit iSSllance shall include, bIll are not limited 10, excavation pile driving (excluding test piling), well dntling, fonnwork, placement of building materials, equipment or accessory structures and disturbance or removal ofprotectod specieS" Of habitat, etc. J6ctiQO 106.1.2 CertlfieateofOccupancy. 0100.1.2. Buildlng occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after tho building official has issued a certificllte of occupancy, etc. Notice of Violation Original to File Copy to Respondent 'i'l ~ Rog Lot Page ;u.U Violation (continued): FlorJda "Building CDde 2004 Edition Section 105.1 Permit Applicatioll 0105.J When required, Any owner or authorized agent who intends 10 COIlStruct, .enlarge, niter, repair, move, demolish, or t-hange the occupancy of a building or structure, or to erecl~ iustall, enlarge, alter, repairJ remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which if; regulated by this <-"{Ide, or to cause any such work 10 be dOlle, shnll first make application to the building official and oblain the required permit. S~cti{ln 105.7 Placement of Permit 0105.7 The b}liJding pennit or copy shall be kept on tfle site of the work untillhe complotion of the project. Sectlon 11 1.1 Service [JtllltleS' 0111.] Connectron of service utllitlef, No person shall make connections from a utility. source of energy, fuel Or power 10 an)' building or s)'stem (}lat is regulated by this code for which a pennlt is rcquired, until releRSed by the building official. Otner OrrllnancelNarrafJve: C;ue,;'\-\.,,,,,,,,, b",\J. (o-.Jv....~ ~'vJ d..\ Y"'\C'~ , V-)'.\:\"OJ-i- CAt."... \')e\m'\~ . Ord~r to Correct Vio ation s : Must be in compllllnce with all Collier County COlies 31ld Ordinances. Apply for and obtain aU permits required for deBcribed s.tnJcture/improvcments: OR rCITIO\'e ~flid structurelimprovements, including miilerials from property and restore II) a permil1ed state. ~ust rcqlJestlcl.Ilfsc required inspections 10 be pcrfolmed and obtain a certificate of occupancy/com[Jletion. OR demolish described improvemellts/~tructurc !lnd remove from property. OMuSf effect, or cause, repair and/or rehabilitation of described unsafe bulldinglstructurelsysterns: OR remedy violation by m~ans of pennittcd demolition of same, Viol.t;,n(,) IlIU'! be CORRECTED BY, ~ <...d! 2.00 rc. Failure to corrct":t vIolations mny res-ult 1m 1) Mandatory notice to appear or issuance of a cilation that may result in fines up 10 $500 and costs of pro see uti on. on 2) Code Enrorcement Bard review that may result in fmes up to SIOGO per da)' per Viola ion as 1 g as the violation remains, and costs of pr ion. gnl:l1Ure ",.~L~ nvestigator's Signature 3, Copy for Site Posting CUDV for Officral Po.<::lillCJ f,l>>"l"'>f',,/{)I:: .' Aaenda item No. 7/\ ~ January 15. 2008 Page 20 of 44 From the Desk of... Jim Kalvin 5801 Cedar Tree Lane Naples, Florida 34114 239-775-0746 Code Enforcemcnt Board Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34 I 12 Dear Sirs or Madams, Please allow me to thank you for hearing our up-coming case - CBB #2007-25, Dept Case #200605042. As a brief history of this issue, my wife, Ruth, and I bought a residential property that had been built upon in 1979, We purchased the property in December of 2005 as it is today- with a 3 bedroom! 2 bath main house, and a guest house with a single bathroom, Since we moved in, we have made two pcrmitted improvements to the propert.y. We had a 400 gallon propane tank installed, and we have built a 30' X 50' steel building. We were notified by Code Enforcement that the guest structure was in violation of code due to separation, conversion, and square footage issues. The violations were cited when we were having the propane tank inspected following permitted installation, Subsequently, we met with Code enforcement., PlalUling, and Permitting to 8ee what needed to be done to bring the propelty into compliance with code. We were told that we would have to petform major renovations to the house and 'guest house to make it legaL The costs, we later found out, would be in the neighborhood of $100,000,00, This amount of work we camlOt afford to do. We contacted the realtor, and the seller that we bought the house from, and asked [or assistance - as there had been no disclosure of any outstanding code issues during the sale process, We were told that they were not gOillg to help us, and we filed legal action. We also immediately started generating architectural renderings of the possible renovations, In short, we were doing everything we could do to respond to the eBB notice, You will find correspondence referencing all of the above in your packet. As well as the legal action and the architectural work, we started looking through County records for permits that may have been pullee! for the property, We found, on record at the Property Appraiser's office, the Property Card (attached) showing that !be house was built in 1979, and the Property Appraiser denotes "Res! Res(Guest)" on the building line, Agenda Item No. 7A January 15, 2008 Page 21 of 44 In our minds, this was significant, and we asked Patrick Baldwin if this would "grand- father" the property use, and the buildings in question, His answer was that this did not matter. We went further and consulted the Records Department at the Community Development building on Horseshoe Drive, but there are no records for this property in their micro- film. I was told that this is not un-common for properties with older houses (1980 and older) as many records were lost over the years during conversion to different storage techniques, or during moving to different facilities. We went to the Graphics Department, and tried to obtain an aerial picture of the property the year it was permitted, but they do not go back that far with their records. We went back to the Property Appraiser's office, and they did have an aerial picture from 1981 showing the property as it is drawn on the property card: The photo is attached, As well, [ have attached a photo of the property from the County GIS map - showing the property in Feb of 2006, Again, there were no changes to the propelty except for the wooden structure (blue tarp) which was demolished to make way for our permitted metal building, I have consulted with the Planning and Zoning Departments, and neither has been able to obtain a copy of the "Code" book for 1979. Being that the only piece of documentation for this property, from the Property Appraiser's office, is the Property Card, we believe that this should be the "ruling document", And the "mling document" references and shows the structures as they are today. Given that, we are requesting that this code citation bc withdrawn, and that the property should be recognized as conforming to plans as outlined in the record of the Property Appraiser's Office, We did not build the structures, we did not alter the structlll'es, They have existed for 28 years in exactly the same state that they are now. The property is in concert with the surrounding neighborhood, as there are numerous properties with guest houses on Cedar Tree Lane, As I state in the application for Variance (attached), performing the work necessary to bring this property up to today' s code will be financially devastating to our family, Please consider our request, and thank you for your time. )i.n;:l~/' / 5i3 (~~~ /" .im Kal n . - ~, Agenda Item No.7 A January 15, 2008 3760174 OR: 395S9PG': 02115 PJCORD!D in o"rCIAL RlCORDS of COLLIIl coum, PI lZ/JD/ZDD5 at D2:11PK DIIGHT I. SIOCI, CLIRl colS 4!5DOD.~O DC ru 18,50 DOl:,.70 3llS.0D Prepared Wilhout opinion of title by: Stuart A, Thompson, Esq. Thompson & Shirk, P.A. 2272 Airport Road South, Suite 101 Naples, FL 34112 tetn: SflM Uf FIlii lOGffilA\'!SIZtS 'APLU 'L 3llOl fSpat:(: Above This Line For Recording Datal Warranty Deed (Whenever used herein the te Tract 88, GOLDEN GATE ESTATES UNIT 31, a subdivision, according to the plat thercof, recorded in Plat Book 7, Page 59, of the Public RecOl'ds of Collier County, Florida. Parcel Identification Number: 38227520005 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever, And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawfil! authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against OOlJblenm~ r;;. Agenda Item No.7 A January 15, 2008 Ui OR: 3958 Pp~ 223l~ t** the lawful claims of all persons whomsoever; and that said land is fTee of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: jAAJtk- Wi ss as (0 Both Printed Name: VAR.T A.-n-bM gfd~ St en L. Heidel State of Florida County of Collier ~ day of December, 2005 by knO\\~l or U have produced a [N o(ary Seal] Notary Public Printed Name: 1lJSIuil\A~ . . My Com<TJiMlOO 001_ v...~ Exp\<e$JOOO27,2007 My Commission Expires: Wt1mmly Deed ~ Ptlge 2 DDubleTim~ 7. i!~; *" i,1 ~ j ~~ ~ !t f ,? r---'- ~~';~ "";' : c I. .; . 1"..:1 ~ ~I -1"- --- " '" ~.J t--- ..., '-'" ';'t ,'" -r--r- .. ir:ti i ~Ji,W J j : ~ 'I~~' p . 1/$ ',~ N -L-~ ; ~ l' Iii II li - , l) a t- . .. 'EJ~~ ~ ~~~1 , I ~ ~ ~ ~; i Lr- ~r- n ,- '. 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Ei!Ii!!!I ..- : -I- t- "t- - . f- .. ... ,- _ . . _ '''1- . .. .. -- -1-. t- .. ._. . f- - " - - .. -1--"-- - -- -I-' .. - -.... '" 1-- -.. f-...... -. .. .- -. " _ '_1- _ I- ,--. '-' -" ....I-. ..."., ..____ _.. _...._, . .. .. . '''.. .. .. - -... .... 1-+- , 1-. -.. ... _ .. --+....---1-..."-----1----,, !-'I-_.... _ ,,_.__ .. ',,- - ., ..' -.. - -. -. --. . " -- - -. ~- -c-'"'' " - , . -., - ---- ~., .- 1-"' .." . ,...... - _'- _ _ . .._ ___, I- - -I- " +... t--I"-"""'-" _ .. -... . __ .. __ ., ... _ .. -.. I-I- ' . ___ _ _ _ _ _ _ _ _ .. -I---f- - '''--f--- -.- -- .. -.---.-. ." _ _, -f- ,_.., -+- C._ ,,- '.. .. .. .. r-- ".. -, , ... 1-- --r--~- .." _J.ittj "" f- I IMI' 1f!1.'n~lflJl~J .WII~~ ff rm n · ~ N .. " l I 1~~;li a -- ..-- ~ I, ~ f ~~~ . .i~'P>> ~ f r~~IJJ~ ; g I 1~111!~fl Nil 11 . i i _ i ~ fr'~lllltl Jrn'~ , . I -~ .. .. ~'~I; . . :ii~lf I ~ i ~.;;f 1"( r i i rr:!I~I~jj'I~ If i lil!1 Ir~f.p~~ i · .~~~ ")~~ ~ .0 ! I ~ I !~~! HI '~f" ~~ Hi. . e~1 ~ n ~~~ ~ :. i}. " c' l- I ~ ~ I- ~ ~ r ~ ~ ' .. .. " ,. -r- ~ B ~ '" ~ i ~ :I co ~ ~ l! ; f~! ~Il' i! r :I i ~ ~ III 14 i ~ 1'- ~ ~ I , [I SURVEY SKETCH OF BOUNDARY SURVEY NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN Aoenda Item No. 7/A ~ , """~"'. 2008 NOT', THE INTeNT or rHls SURVl.'1' J.s rim TIne: TH"N~ris f.2 0 f 44 COPrRJI:iHT e005' r .L.A. S/,/RVCYS CaRp, PAGE 1 OF 2 sc~ RcveRse SiDE: rOR PAGE e ar 2 STRE;Cr ADDRess 58DJ CEDAR TReE: LI1N~ NAPLES, FLDRIJJA CAI'J./lt. PLA r BDVNfJARr S.89'40'SO;E, 330.00' (P) =======~r=~=~=~=====:;:~=====~=======~~~=~nuc~=====.- ~ F'lR 5/8' UOJ3' orrsu TRIler'13 T/lIICT 88 t 't ~ ~" - <; ~ ..- ~~ "'~ "'~ -.---J2$.5"---- El SCALe 1; := 8Q' ~~ ~S "'10 ..... <:g "'~ I I J I I I "'~.s' 14t.s' I I I ,+,,/.. GRAVEL I I I flRIVC I r f : I I _ -L _ ...L _ _ _1_ L N.89'-44'26#1V. 329.89' (H) ,'JD' f?{jAlJW/l1' l:IlSE/'t[Nr E:DGC lY PflV<1Of'J\ .----12';t.1'- -~ ~J '0 160 GRAPHIC SCALE: ..- . " FND '" R.!!!!t!~~ pp ~ . rm It'~' NOT>> 18th AVl,NUE~'" (PLAr) N.89'40'50''tI, 330,OQ' <P) CCPM? rRE~ LItHf: /l0' RllW (FIeLD) N.89'4Q'50'V. 660.00' (Pt.H) <B.aS,) LEGAL DEScRIPTlON : TRACT 68, GOLDeN GATr eSTATES, UNIT :11, ACCORDING m THe PLA T THeReOF liS RECORJJt:D IN PLA T BOOK '7~ PAGE: 59, I1F THE PUMIC RE:CDRDS DF COLLIER COUNTY, n.ORJDA " ~Mi' , CfJNC ",. " Gocsr ~ ~ . """" 3';9' lee' CgRTIFlED TO , .JAMF;S N. AND RUTH p, KAt.. VlN WORLD SAVINGS BANK, FSli IrS SUCCE:ssaRS AND/QR ASSIGNS GDOIJLCTrE, COLOIAN & .JOHNSDN, P.A. FJRST AMERICAN TIrU: (NSURANCE: CDMPANY STEVARr LAW FIRM, PLC ATTORNEYS' TITLE INSURANCE rVND, INC. At PAD DF:rALL 'II" SCJlLE: 1~ ... JO' SI/.fGL~ SrORY RfSlDCNC~ le""'l t ~ }S/r ~ l:~~~Y ~ ,s.a' rlR 51'S' #6773 OFrscr 14' eLF TRAcr 89 -111./'- I ~ 1;. '" - ~ I ~~ 'I" ,~ ~ t\j,.. l{tl ~ ~~ I -51.('- I FIR 51'9' 1150/3 l"!:.._ nib P< e4./' UARo'Ilif ~ FLOOD ZONE: X COMMUNITY PANEL 120067-04e5D nmEX DATED: JJ-/7-05 (FLOOD ZONE : .e",.c~,.D.. ~ "X. ARE NOT CERTIFICATION: IN DESlGNATEO FLOOD HAZARD ZONE AREA,) (AS TAKEN FROM WEaStTE - W'ffli. I CERT1FY 'n-IAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MFETS CfS.COLUERG"OV.NETIwe:SSllEIFEMA-NEWI) THE MINIMUM TECHNICAL SlANDAR'oS SET FORTH SV THE BOARD OF PROFESSIONAl lANED Sp"il'RRVEYOR,S,AONDS MAPPERS IN CHAf'TE:R061GI7-8, FLORIDA ADMINISTRATIVE ~WTfaHPLIJ\NCr .....ITH FAe. COD, AN ~.SN 472027, FLORI A STA1UTES. 6ICil7-6.00:.u (5) <E) (IF LOCATION: OF f (/ 1-:1 / 11-17-'::005 [ASo-,ENTS OR RjGHH:lF'-YIIY OF RE:CORD, aY: ~ I~~_~______ SURVEY DATE :~____ g~~~l~.A~Hl~D;;JRNK:ft~~R~\'\1EIS LELANO F. DySARD,"""""Pl:'s ,f38G9 CU~'l'ON W, ~1NSTAD. PLS #2463 FURHI~HrD to T!lE: .!:UFN,!'YDR AND Hhf'f'E:R. GEORGE R. RICHMOND, PLB ff24-oa MARY E. FINSTAD, P5M 15901 STEPHE:N MACDONAlJ), PLS H4001 ~<6t ~Affl~~oTI~NS3~~~~\sZ~~~~TJR~SEA'tEDN1sM~gs~:&E~~~ or ENCUMSRANCES. ~T&J~F~Pr:J,f1~~P{:t;,tfoi':?-;-;; ':t1~~~R SURVEY IS VAUO FOR 90 DAYS. PLEASE REFER TO RE\o'ERSE SIDE FOR GENERAL NOTES &. AB8REVlA nONS. NDTE' PROP~RTY QIIINtR SHDUl.D OlJTAIN WRITTEN nOUD ZONe DETERMINATION FRaM LOCAl.. PCRH!'fTING, PLANNING AND BUILDING DEPARTMeNT PRlO.t? TO ANY CONSTRUCTION PLANNING AND/[JR caNsrRUCrWN. F.L.A. SURVEYS CORP, PROFESSIONAL LAND SURVEYORS & MAPPERS-LB 6569 6,561 TAYlOR ROAD, SUfTE 1 NAPLES, FLORIDA 34109 239-59f1-593U FAX 598-5939 9250 COlLEGE PKWY SUITE 10 rr. MYERS, FLORIDA 33919 239-274-9518 FAX 274-9519 lQg~ B~ QUALITY CONTROLLED BY; HA r'ARTY CHIE:F; T. CHRISMAN eN REVISIONS cERTlRCA1101'f 12-6-05 PROJECT .NO: II OS-1324d <CO-g- r--O-g- 0_ aNa zu-)~ <=~ CD >.~ == ro ::; m =>0.... "00:: ~ro iii, OJ <{ . <: , ~ 1. ~ I .,~:, -.1'.'1 " :t:"~. ,.. . , . ~~~ c/lCll Ul ~~o ~'D'O N '" . , .~ ,() :~ , Ol 0) 0 ~S 0.",,, <Zl", 01) ]3 S ~ rjjCl "d1l"E ~~"E gg ~ " " 0 """,,U "- " ~ {~ \\J' 'h- ~: ,\), ~ 1 ~J .1 0: ~ Ul ~ t- v; ~ <Zl l/') 'D ,!:1 -< II "d :5 ~ o Z ~ 'oJ II ] g I C "0 ~ ....:i ~ .f' ,:; ~ ;::l 1l '~ <L> "" - " ~ o f- ". .-q' l,_ _ ~- . ~ "\- , ~ '..;j " 4,... '~ ~ c':"C~ .... i -~. I\~ . ~ ; _ _." ;t "~ :;E' \J ~. I ~'~"".$::"~~~ .~ '1,),:'1/ ~ . ;J 1\ 't .~ .:::) .~ '.......:J, "" ~\"\ ~ .~ \Q '\.K / ~ ~w ~~ffi ~~e XC)(i} W~a:: VJ " ,". . , " .' , , " " " " , " \ . , .. , , . . . ~" \>, -\ " . Agenda Item No.7 A January 15. 2008 Page 29 of 44 ..~ Mira:!! fJ/~/C /{t1t?r J ;::;t(t.,?".,k ?7bM /1 :.: ;::;tJfr/~ . (8) ft; f/wliPc-/ FI,!lt'/ (-J.N (/ /flw t't' {7 EXISTING GUeST HOUSE GALLEY ,/ u".""tAje ;Jt7#'d &t'I'P'" ;; td.fO ..> '/?/i-Y/c'?/ .-4/i" {7tf'" c&um"'PI'-? t.t'?t/t<,.,-/i'7 ?Jr;//;"'",/ J-/t//:;:.t' /,?~. r- ,Aqenda Item NO.7 A , January 15, 2008 Page 30 of 44 5801 Cedar Tree Lane :"~ . '~r~'~ SV',,",1 N.i'Ol!'3 [J 1'",," ! l,,!.,:..:,',!;t}"f. ~'l, ;!')::';.i:,'j 'p..~ ,,!. l'(~::'~: ) [] "..""C ","'",.. !ill Cl' ",' C-:-f,'-~l)' 'f- ~, 'I" ~~..~, . '.",.,..~ --~._- ""i:i';.\ '", --.{:f!~"U.' ~~:;,:' Ii v. ;:'1-~,'~_'<', i'1"';l':.;:' ~J ~:; ,~~ I ~ '-;i~,;./;..ti:;',.;." " .....1w,..'1~: 't'~~)~;~~: :~-~{~~~;:~'5'A'l F~ ._'''-~'7'1;: ~~~J::'~i',-'-- -';,t;h, ,.'.t,'\:-~l....;, .' ',~, '<, '~:,'~~' "'k~. ' ,j\~7~tl... "i~r:<:;g, ~ ,. " ;-,~; ~~(~~.. J.:~?i~~ . i,~..:;'JL d-';J-k, ~ -~ . I .-;;';'-. '0';.-"1 @2004.ColllerCounlyPropertyAppraiser. While lhe Collier County Proporty Appraiser Is cornmtttt'!d jo providing the most accurate and up-lo.da1e information, no warra!ll1es !';};prfJ.Ssed 0 lor the dala heroin, its use, or lis inl03rprotation. '-.. \ COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT (i) Agenda Item No. 7A January 15, 20Cl8 Page 32 of 44 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 . ADDRESSING: CHECKLIST l Please complete the following and fax to the Addressing Department at 239-659-5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre-application 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 (check petition type below, complete a separate Addressing Checklist for each Petftion Type) o BL (Blasting Permit) o BD (Boat Dock Extension) o CU (Conditional Uso) o EXP (Excavation Penmit) o FP (Final Plat o LLA (Lot Line Adjustment) o PNC (project Name Change) o PPL (Plans & Plat Review) o PSP (Preliminary Subdivision Plat) o PUD Rezone o RZ (Standard Rezone) o SOP (Site Development Plan) o SDPA (SDP Amendment) o SOP! (Insubstantial Change to SDP) o SIP (Site Improvement Plan) o SIPI (Insubstantial Change to SIP) o SNR (Street Name Change) o SNC (Street Name Change - Unplatied) o TDR (Transfer of Development Rights) l&'VA (Variance) o VRP (Vegetation Removal Permit) o VRSFP (Vegetation Removal & Site Fill Permit) o OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) (?"cl..1":':>f:".\'\ GF\\E CSTP\\~ U'N\T 3\ "\'T<f\(~T '?S'i; FOLIO (Property 10) NUMBER(s) of above (attach to, or associate with, legal description If more than one) '3'R ?'-?,],~ 7___000 f''J STREET ADDRESS or ADDRESSES (as applicable, if already assigned) ~ '2\ 0 \ ('\ Ft:.P>,~ . '''\B-'i:::.~ '-.1\\,\ 12- LOCATION MAP must be attactled showing exaci location of project/site in relation to nearest public road right-of.way SURVEY (copy, needed only for unplatted properties) PROPOSED PROJECT NAME (lfapplici1ble) PROPOSED STREET NAMES (if appilcable) SITE DEVELOPMENT PLAN NUMBER (for exiSting projects/siles only) SOP or AR # Page 1 of 2 Agenda Item No. 7A January 15, 2008 Page 33 of 44 RESSING CHECKLIST - Page 2 Project or development names proposed for, or already appearing in, condominium documents (if appiication; indicate whether proposed or existing) Please Check One: o Checklist is to be Faxed back &'Per.;onaIIY Picked Up APPLICANT NAME: ..I?-.-r IV' olfd jl(/I;!, PHONE: .t.l'~ ~ 8'0- $I!YI//"I i~ /4k/M FAX:. ~ .,"~f/J-;J.} 7..2.. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Department. FOR STAFF USE ONLY P-imary Number Q, ('Yl G:, 7 Mudress Number CI 0 ~ -1"2',--- Address Number Address Number . Approved bY~~~ V(J Updated by: Date: <lS -() \ -()7 Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COlLlERGOY.NET Agenda Item No, 7 A January 15. 2003 Page 34 of 44 (i) 2BOO NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-696B VARIANCE PETITION L o Dimensio~~1 J PRE-APPLICATION MEETING NOTES * & SUBMITTAL CHECKLIST Date: 'i?! II D / Time: ., .' 1!f5 Assigned Planner: Proiec, Name: 5~~ ,~V)'rv Project Addrflocation: ,') kD I (If .d..CL4" T rU--- /." !/().,' Applicant Name: J tL1\"<Z.J ~ /'1,.. Phone: 1/I)fwt - ~L.f!Lo[;S I-rt. L/{&\ .-- / '7 ~ Firm: Cllrrenl Zoning: E:~.r ,.(~ ~~ ~ Owner Name: Owner Address: v.. I' \.\ _Phone: V' Meeling Allendees: (allach Sign In Sheet) NOTES: " 0 (" A. Jt'VJ("v'N..., *~ ...e/'n/L-1 cJlJw' .~ I r f." L rf',' _ ~v. ~ I Y-F,~ 'rv1.-, . ffn.1. vrL$ h~ Lf . 111 J 0; '7'1. , /1 -c{'--zr!)7 (r t0lll{cdL- kjf ~HA.tM'f.e, tf:r!;:lf;;/P'r.4f;:k J'frw~ . /1", ftS~Ivrt.'/<.- If:!-- cr; 0 (,v-;- 1-D;;, ') hi ~ it : <SD @ ~-rV:AN$f' ?1.4v.v 1A.J6 - )0(:> "'"E.;:Je::.:lION '7" Se-1,",Ar~ V'A'e...I~, -;;:;J~ ..va-,- V"-"'J-,\ :P1.5TiL1i3VrE:- ,,, us. 11"- /J/r'f "JG.=s.~ . ~Q M~-fl/oop./2T.q7",.J W5tYT/>~ t/4,.{:. I . If telephone pre-application meeting is held, direct the petitioner to coordinate with Unda concerning the requirement for the petitioner to send the notice letter to the surrounding pl'operty owners or to give them that information that Lindo typically provides them 1 Agenda Item No.7 A January 15, 2008 Page 35 of 44 VARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION, NOTE. INCOMPLETE SUMBITTAlS WilL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED ,-- A Compleled Appllcalion (download from webs!,! lor current form) 15 Pre-Appllcalion meeting noles 15 .x Compleled Addre"il\g Checkiist, Signed by Addre"ing Deportme;'t 1 >< ~~ptuol Site Pion 21" .. 8r~nd one 8 V2 TI X 1111 copy 15 y Survey 01 property showing Ihe encroachmenl (meosured in leel) 1 X Owner / Agent Affidavll signed & nolarized 1 y. -- Deeds/Legal's 2 Y Location map 1 y- Aerial photographs (taken within the previous 12 months min, scoled 5 -, 1 "=200'), showing FLUCCS Codes, legend, and proiect boundary k Electronic copy 01 all docun,en!s and plans (CDROM or Diske!te) 1 ~ ~storlcal Surveyor waiver request _ .1 \" - 1 X Property Owner Advisory Letter ond Cerliflcation Envlronmentollmpacl Statement (EIS) and digital/electronic copy of ~ EIS or exemption' lustlfication _ 3 FEES: ~ Pre-application Fee $500.00 (Applications submilled 9 months or more after the date of the last pre-app mee'lng shall not be credited towards application fees and a new pre-application meeting will be required.) Review Fees: M $2000.00 Residential 1!,5000'00 Non-Resldenllal After- The-Facl Zoning/Land Use Pelitlons 2x the normal petition fee 760.00 Estimated Legal Advertising Fee - CCPC Meeting $363.00 Estimated Legal Advertising Fee - BeC Meeting (any over- 01' under-payment will be reconciled upon receipt 01 Invoice from Naples Dally News). o $2500.00 EIS Review OTHER REQUIREMENTS, o o o Agent/Owner Signature Date 2 <(: ~ .". r-- .". o c '3 Zl..!lD c: M <:: Cl) .$ '::J) - " .0! CL ~~ OJ <( bJj ~ Q;1 <:U. ~ d 0. .= ~. ~ r.J .;...if -a ~ ~ ~. ~ ~ ~ ~ ~ Z ~ !""i! tzj I/) III W ~ 0 ~ 0 dl <( ';;: .... dl < ~ ~ - s: dl W C) E z l:t. 1= 0 w 1i w :E > dl II. 0 ~ 0 "'0 W ~ ~ s: ~ tI < .... :::J 0 oll ~ tn W s: Z '2 0 0 :I:: N Q. ..... 0 - s:: dl E . ~. - c. ~ "L'" tI '" \~ l:t. '" Cl:.; I- dl dl (!) 0.. 0 ~ '" w Cl "'0 Q 0 ~ -0-. 9 "'0 <IF. -- \J c.....1 <( - \ 0) CL;.: z ~. ~ ,- Q~ ..j a, 0 ( \ ,: ~ Vl~ ~J ~ I >i:L N w ~ " 0 ~ l(! >- 0 0:> I- \\) .: -D Z '" " :::J \~ '> 0 ~ I.) ~ '" 0 '0 I"- :::, tG UJ ~ :J: Cf) ~ '" Z CJ 0 "- <!) ~ ~ 0 0 W N Z <Ii Z E <( w 0 w ~ ~ u. :E .... dl c: 0.. ..Q <( .Q < E ro z 0 Z .\2 W :;) a. I- Z U z 1 w C> Q) .., '" 0 Vi s:: n: c:: II) 0 "" "- <( ..c c: Q., i!! ~ :l 9 (<) UJ Z; Agenda Item NO.7 A January 15, 2008 Page 37 of 44 Co~r County -- ~ - - - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 15, 2007 SUBJECT: PETITION VA-2007-AR-12129, KALVIN VARIANCE AGENT/APPLICANT: OWNER: James and Ruth Kalvin 580 I Cedar Tree Lane Naples, FL 34116 AGENT: Antonio Faga 7955 Airport-Pulling Road Naples, FL 34109 REQUESTED ACTION: The petitioners are requesting two after-the-fact Variances from the requirements of Section 5,03.03.D.4 of the Land Development Code (LDC) to allow a 7.4-foot Variance from the 20-foot separation requirement for guesthouses from principal dwellings; and a Variance of 19 percent from the maximum 40 percent size limit of guesthouses relative to the air-conditioned area of the principal dwelling, If approved, these Variance requests would legitimize the current 12.6-foot separation between the existing guesthouse and the principal dwelling; and the 735 square-foot area of the guesthouse, which is 59 percent the size of the air-conditioned area of principal dwelling, GEOGRAPHIC LOCATION: The 2.52-acre subject property is a canal lot located at 580 I Cedar Tree Lane, Golden Gate Estates Unit 31, Lot 88, Folio # 38227520005, Section 20, Township 49 S, Range 26 E, Collier County, Florida (see location map on the following page). PURPOSEIDESCRIPTION OF REQUEST: The applicants are not the original owners of the single-family home on the subject site, which was purchased in December 2005. In June 2006, following the inspection of a properly permitted propane tank installation, Code Enforcement cited the applicants for the guesthouse's separation and square footage violations. Upon the applicants' subsequent research into the Pelition I'A-20117-AR-12129 l'iI~e 1 of7 CCl'C !.laic: ,i'v'ovemhcr 15, 2007 .Agenda Item No. 7,A January 15. 2008 Page 38 of 44 Building Review and Permitting Departmenfs records, they were unable to find building permits for either the property's principal dwelling or its accessory guesthouse (which is not uncommon for structures built prior to 1980, the year the County converted to an electronic archival system). However, records they were able to obtain from the Property Appraiser's office indicated that both the principal dwelling and the guesthouse had been in existence since at least 1979 (see Exhibit A); and aerial photographs from the era also substantiated these structures' existence /Tom at least 1981 (see Exhibit B), Nevertheless, as cited above, the LDC requires a 20-foot separation between guesthouses and principal dwellings, with the size of a guesthouse restricted to 40 percent the size of the air- conditioned area of the principal structure (see LDC Section 5.03.03, Exhibit C), As previously stated, the guesthouse is situated only 12,6 feet from the principal structure. and is 59 percent the size of the principal structure's air-conditioned area. These figures represent an overage of 7.4 feet and 19 percent, respectively, which are the two Variance requests being made with this application, SURROUNDING LAND USE AND ZONING: North: East: South: West: Canal, then single-family residential structure, zoned Estates. Vacant, zoned Estates. Single-family residential structures, zoned Estates. Single-family residential structure, zoned Estates, Aerial view of tlte subject property. Pelif/on r'A-2(j(}7-AR-/2129 !'U!,:C:: of7 CCl'C /lOll': ,\'ovcmhcr f 5, 20()? Agenda Item NO.7 A January 15, 2008 Page 39 of 44 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The site is located in the Estates Land Use Designation on the County's Future Land Use Map. The Growth Management Plan does not address individual Variance requests, but deals with the larger issue of the actual use. As noted, this Variance is being sought for a guesthouse on a single-family homesite located within a platted neighborhood of similar, single-family homes, As residential uses are an authorized use in this land use designation, the sing]e- family home is consistent with the Future Land Use Element (FLUE). Furthermore, guesthouses are permitted as an accessory use to single-family homes; therefore, the uses on the subject site are consistent with the FLUE. ANALYSIS: Section 9.04.0] of the LDC 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 in making a recommendation for approval or denial. Staff has analyzed the 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? There is no ]and-related hardship. The lot is situated in a platted neighborhood, and absent this Variance approval the petitioners would still have reasonable use of their property, However, as the nearest neighboring structures are 250 feet to the west of the principal structure and approximately 280 feet to the nOlih of the guesthouse (including separation by a canal), it is only the applicants themselves who are being affected by the guesthouse's illegal size and proximity to the principal 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 of the variance request? Yes, As previously noted, the applicants are not the original owners of the single-fami]y residence, which had the accessory guesthouse on the property for at least 26 years upon their purchase of the home in 2005. The applicants assumed that the structure had been properly permitted with the house and, therefore, met all the zoning requirements; and they would not have purchased the property had they known otherwise. (In light of the fact that the home did not have a garage when the applicants purchased the property, the guesthouse is most likely a two-car garage that was converted sometime prior to 1979, which would also explain its ]2.6-foot separation from the principal structure, as Section 4.02.03 of the LDC, Specific Standards for Location of Accessory Buildings and Structures, requires only a IO-foot setback between a single-family garage and the other structures on the property). As such, this condition is pre-existing, 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? Petition VA-20U7-AR~12129 Page 3 of7 cepe Dale: Nuvemher 15, 2U07 !>.qenda item NO.7 A .. January ~15, 2008 Page 40 of 44 Yes. lfthis Variance were not approved, the guesthouse would have to be moved 7.6 feet away from the principal structure and reduced in size by approximately 83 square feet, thereby creating a practical difficulty for the applicants, D, Will the variance, if granted, be the minimnm variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, The proposed Variance would be the ITIllTImUm to allow a reasonable use of the guesthouse. As the structure has existed on the subject propel1y for at least 28 years without issue, approval of the Variance would not affect the standards of health, safety and welfare. Furthermore, as previously noted, it is only the applicants themselves who will have to endure the adverse consequences, if any, of the 7.4-foot setback reduction of the guesthouse; and as shown in the photo below, neither the smaller yard area for the guesthouse nor the more limited space between the guest house and the principal structure The 12. 6-foOI ,\"eparlltioll between the principal dwelling (I.) and the guesthousl' (r.) create an appreciable impact in terms of access and the movement of light and air. Additionally, there is no safety issue associated with the recently installed propane tank, as it was sited underground on the opposite side of the guesthouse from the main house, and properly shielded from the structure by a 12-inch concrete bib. Regarding the guesthouse's increased square footage, since leasing the oversized guesthouse-thereby effectively doubling the propel1y's density-is explicitly prohibited by the LDC, vehicular access, parking and other issues associated with increased density (the underlying basis for square- footage limitations on guesthouses) will not pose a problem either. Finally, three of the surrounding property owners have offered their written support for the gucsthouse' s l'elllion VA-]()()7-AN-I] 129 !"I;;<,.fof7 ('("j'(" fluk__ /'y'-"l'1'm/>cr 15, :!O1!7 Agenda Item No.7 A January 15, 2008 Page 41 of 44 continued existence without further alterations or modifications; and the applicants have provided staff with copies of letters-beyond the requisite LDC notifications-sent to the owners of the remaining adjacent properties to the north, east (a vacant lot), and the more westerly of the two abutting southern parcels, (As of the writing of this staff report, neither the applicant nor staff has received a reply from these three owners.) E, 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? Yes. A Variance by definition confers some dimensional relief from the zoning regulations specific to a site; and no similar Variances have been granted in the vicinity, F. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. In light of the considerable distance between the offending guesthouse and the nearest neighbors' homes, and the letters of support (and lack of objection) from the remaining surrounding property owners, approval of this Variance request would not be injurious to the neighborhood nor detrimental to the public welfare. Furthermore, if approved, the proposed Variance would allow the guesthouse to remain the same size and in the same location it has been in without issue since at least 1979. G. Are there natural conditions or physically induced conditions that ameliorate tbe goals and objectives of the regulation such as natural preserves, lakcs, golf courses, etc.? Yes, The subject property is designated Estates, and the homes in the neighborhood are situated on relatively large, 2,5-acre platted lots. As the Estates Zoning District establishes liberal setbacks between principal structures-such as 75-foot minimum front and rear yards, and 3D-foot minimum side yards-a sizeable distance between homes in the area is inherent (as noted above, the closest neighboring structures to the illegal guesthouse are a distant 250 feet and 280 feet to the west and nOlih, respectively; with, the property to the north separated by a canal). Furthermore, because of the same zoning on the vacant parcel to the west, this pattern of development will continue. Therefore, physically induced conditions exist to mitigate the potential effects of the requested Variances, thereby advancing the objectivcs of the applicable regulations, H, Will granting the variance be consistent with the Growth Management Plan? Approval of this Variance petition will not affect or change the requirements of the Growth Management Plan, ENVIRONMENTAL ADVISORY COMMITTEE (EAC) RECOMMENDATION: The EAC does not normally hear Variance petitions and did not hear this one. Petition VA-20U7-AR-/2129 Page 50f7 CCFC Dale: Novemhcr 15, 20m ~.genda Item NO.7 A January 15, 2008 Page 42 of 44 RECOMMENDATION: Zoning and Land Development Review staff recommends that the Planning Commission forward petition V A-2007-AR-12129 to the Board of Zoning Appeals with a recommendation of approval of the 735 square-foot area of the guesthouse and its 7.4-foot separation from the principal dwelling, EXHIBITS: A. Property Card from the County Property Appraiser B, Aerial Photograph C. Section 5.03,03, Cues/houses. of the LDC ['eli/ion I'A-20U7-AR-12129 I'd?C 6of7 CC Fe null': Nov('lIlncr] 5, 2007 Agenda Item No. 7A January 15, 2008 Page 43 of 44 PREPARED BY: DATE JOHN-DAVID MOSS, AICP PRINCIPAL PLANNER REVIEWED BY: JEFFREY A. KLATZKOW DATE MANAGING ASSIST ANT COUNTY ATTORNEY RA YMOND V, BELLOWS, MANAGER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSAN M. ISTENES, AICP, DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 15,2008 Board of Zoning Appeals Meeting. COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Peli/ion VA-2007-AR-12I29 Page 70f7 cepe Dale: Novemher 15, 2007 Agenda Item No" 7/4, January 15, 2008 Page 44 of 44 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ;-Trans NUmber-3aie- -- ~st Daie-- 1781957-~-8/8/2007 925:OOAM--- ,?/8/200~__ :I"ayment Slip Nbr ~--:- J IAR121.:1~.._ _ Appl Name: KALVIN, JAMES N=& RUTH P Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 5801 CEDAR TREE LN NAPLES FL 341160000 Proj Name: KALVIN VARIANCE Type: TAZ: 89 Subdlv Nbr: 721 Project Nbr: 2007080002 Payor: RUTH P KALVIN Fee Information : jO'_''''--- I -",oo", w"'_e_L] _ __ 13113832634195000000 __~_ 1123 00 13113832634127600000 $-500 00 _ _ 1}11383263412800000Q ~_ $40QO,00 _ _---.J Total , _ $462300 Fee Code _ 11LGAD 11PRPP 11ZVAR ---------- Descrip1ion . ___. LEGI\L ADYERIISING PRj:,A!'PLlCATION FEE ZONING VARIANCE FEE -----.".- Payments _1. Amount ._-L_ $4623,00 [~~~t~ode 'H~~ounIlCheCkNl1mber Total Cash Total Non-Cash 56~~:J 1_ $46I3QQJ Total Paid Memo: Cashier/location: MCCAULEYKATY / 1 User: LEVYMIKE Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:12/28/2007 10:28:47 AM