HEX Final Decision 2019-44 HEX NO. 2019—44
HEARING EXAMINER DECISION
PETITION NO. VA-PL20180003557 — Jo Anne Lewis requests a variance from Section
4.02.01 A., Table 2.1 of the Land Development Code to reduce the minimum side yard
setback from 30 feet to 11.86 feet for a proposed garage to be located behind the existing
single family home in the Estates (E) zoning district, located on the south side of White
Boulevard, east of 25th Street SW, in Section 13, Township 49 South, Range 26 East,
Collier County, Florida, consisting of 3± acres.
DATE OF HEARING: October 24, 2019
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No members of the public attended this meeting other than the applicant, and no opposition was
received. The property included a platted 140-foot drainage easement to the east that functions
as a drainage canal for part of Golden Gate Estates. The east 20 feet of this drainage easement
was previously removed from the property, leaving 120 feet of the remaining drainage easement.
The property remaining outside this easement is approximately 73 feet in width. The existing
home was approved with a reduced setback of 11.86 feet in 1977 and the applicant proposes to
match that setback with a new garage, which is the subject of this variance request.
Side yard setbacks for estates lots are typically 30 feet for conforming lots of widths 150 feet or
greater and having a size of 2.25 acres or greater. There are many platted non-conforming lots in
Golden Gate Estates that are 75 feet wide and 1.25 acres in size, and these lots are allowed to
have a side yard setback of 10% of their width, or 7.5 feet.
The applicant's lot cannot be deemed non-conforming due to the drainage easement being
included within the platted lot, making the lot greater than 150 feet in width and 2.25 acres in
size.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20180003557 filed by John Ryan
Mercer of Treeline Commerce on behalf of Jo Anne Lewis, for a variance from LDC Section
4.02.01 A., Table 2.1 to reduce the minimum side yard setback from 30 feet to 11.86 feet for a
proposed garage to be built behind the existing single family home on property located at 2400
White Boulevard, 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.
[19-CPS-01880/1507078/1] 1 of 2
ATTACHMENTS: Exhibit A—Site Plan
LEGAL DESCRIPTION: Tract No. 116, less the East 20 feet thereof of GOLDEN GATE
ESTATES, UNIT NO. 15, according to the Plat thereof as recorded in Plat Book 7, Page 76, 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. Areca palms will be placed six feet on center along the westerly side of the garage and
maintained by the property owner.
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.
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
V�
Sally A. AslAar
Assistant County Attorney
[19-CPS-01880/1507078/1] 2 of 2
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V! Y, RYAN MERCER
BUIL LEWIS RESIDENCE ('Yl—I
TREELINE BUILDING ENGINEERING
m CGC1512462 2400 WHITE BLVD. V d"� �IsoEsicN
(239)348-5127 NAPLES,FLORIDA 34117