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HEX Final Decision 2019-40 HEX NO. 2019—40 HEARING EXAMINER DECISION PETITION NO. CCSV-20190000936 — James B. Kargman and Delores Heidi Brem- Kargman request a variance from the Coastal Construction Setback Line to allow for the construction of a new single family residence approximately 30 feet 8 inches, and a roof overhang of 2 feet 8 inches for a total of 33 feet 4 inches, seaward of the Coastal Construction Setback Line to replace the existing single family residence and to allow for the construction of a pool approximately 32 feet seaward of the Coastal Construction Setback Line, and a fence 34 feet 8 inches seaward of the Coastal Construction Setback Line for property located at 10135 Gulf Shore Drive and described as Lot 35, Block A, Re- subdivision of part of Unit No. 1 Conner's Vanderbilt Beach Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: September 26, 2019 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition and testimony at the hearing, and the recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section 9.04.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The applicant proposes to construct a new single-family home and pool that will encroach thirty- two feet into the Coastal Construction Setback Line (CCSL). A fence will encroach an additional two feet and eight inches beyond the home and pool encroachment. An existing single-family home that encroaches thirty-one feet, three inches into the CCSL will be removed. The proposed project requires dune restoration prior to the certificate of occupancy being issued and the proposed structure is in line with contiguous and adjacent structures. The restoration of the dune system will follow the natural dune profile to further enhance the overall beach dune system. No members of the public voiced objection at this hearing and no letters of objection have been received. DECISION: The Hearing Examiner hereby approves Petition No. CCSV-PL20190000936 filed by Celia M. Fellows of Humiston & Moore Engineers on behalf of James B. Kargman and Delores Heidi Brem-Kargman, for a variance from the Coastal Construction Setback Line to allow for the construction of a new single family residence approximately 30 feet 8 inches, and a roof [19-ENS-00621/1501475/1] 1 of3 overhang of 2 feet 8 inches for a total of 33 feet 4 inches, seaward of the Coastal Construction Setback Line to replace the existing single family residence and to allow for the construction of a pool approximately 32 feet seaward of the Coastal Construction Setback Line, and a fence 34 feet 8 inches seaward of the Coastal Construction Setback Line, on property located at 10135 Gulf Shore Drive, Naples, Florida, and further described herein, as shown in the Site Plan attached as Exhibit"A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A— Site Plan LEGAL DESCRIPTION: Lot 35, Block A, a Re-Subdivision of part of Unit 1, CONNER'S VANDERBILT BEACH ESTATES, according to the plat thereof, recorded in Plat Book 3, Page 18, of the Public Records of Collier County, Florida. CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal System and an approved FDEP permit shall be obtained, and copies provided, prior to issuance of a Collier County Building Permit. 3. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Chapter 3, between May 1 — October 31, sea turtle nesting season, without first submitting and obtaining any required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 4. Petitioner shall notify Environmental Planning Staff one week prior to commencing work seaward of the CCSL (Coastal Construction Setback Line), and again contact Staff within one week following completion of work seaward of the CCSL. (239-252-2400) 5. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development Code. 6. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 7. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. Re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Environmental Staff, prior to the issuance of a Certificate of Occupancy. 8. Minor revisions to this variance approval (including changes in siting and structures) may be approved, in writing, by the County Manager, or his/her designee. [19-ENS-00621/1501475/1] 2 of3 Site specific conditions: 9. Any gopher tortoise and/or gopher tortoise burrow(s) located onsite must be protected in accordance with LDC Section 3.04.02. 10. All areas seaward of the CCSL, outside of the footprint of approved structures and improvements, shall be left in their natural condition, or landscaped using native coastal dune vegetation exclusively. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES. d — x`41 Date Mar Strain, Hearing Examiner Approved as to form and legality: 7 .I H•idi .Ashton-C cko Managing Assistant County Attorney [19-ENS-00621/1501475/l] 3 of3 n D 0 Zro g <<0 A ux 1 O m m GULF OF MEXICO PlnEDt ;2Zx la . m D m m m(4% gz m m n.- W n D ��mD!" ma • ED r A(Di� ---- -__---'_ E - SEAWARD EXTENTS OF pno A i A m - --� vEGETATION GROWT41 • 00% tPT 0 i 0 < D mm D d z ),.. = 6WA -g -a..Am m �mP I 2z � 3~ i m D SQQ I ----- - J A• FLOOD ZONE vE(BASE FI.000_FIFV: ---� • 1 NI 1 MI § i o ;$ 5 �. •�. 39'"-Re*ERRED SETBACK LINE di E • k ..s m_ ii Ci and us 06y • a m�1914 CCSL _ m iv R1 I w m FN IAsi i3 Q't, Sg ©, Ase FT, I in i.7—, '- mA A rQ ,,OP-P. 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