Agenda 03/24/2020 Item #17C (Resolution - Petition PL2019000194003/24/2020
EXECUTIVE SUMMARY
This item requires ex parte disclosure be provided by the Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to a variance from
Section 4.02.01.A., Table 2.1 of the Collier County Land Development Code to reduce the minimum
front yard setback from 25 feet to 24.99 feet, and to reduce the minimum rear yard setback from 20
feet to 14.61 feet for an existing single family home, and a variance from Section 4.02.01.D.8 of the
Land Development Code to increase the maximum allowable roof overhang from 3 feet to 3.51 feet.
The property is described as Lot 3, Block 6, Avalon Estates Unit No. 1, also described as 4704
Acadia Lane, in Section 13, Township 50 South, Range 25 East, Collier County, Florida.
(PL20190001940)
OBJECTIVE: To have the Board of Zoning Appeals (Board) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition, render a decision regarding this rezoning petition, and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS: The subject property is located on the west side of Acadia Lane, approximately
220 feet north of Thomasson Drive, and is legally identified as Lot 3, Block 6, Avalon Estates Unit No. 1;
also known as 4704 Acadia Lane. Said property is located within a Residential Multi -Family-6 (RMF-6)
zoning district and is recognized as an improved legal non-conforming lot of record as explained below.
The petitioner is requesting to have the Board consider an application for an after-the-fact Variance from
Section 4.02.01.A., Table 2.1 of the Land Development Code to reduce the minimum front yard setback
from 25 feet to 24.99 feet, and to reduce the minimum rear yard setback from 20 feet to 14.61 feet for an
existing single family home, and a variance from Section 4.2.01.D.8 of the Land Development Code to
increase the maximum allowable roof overhang from 3 feet to 3.51 feet to the front of the residence.
The current property owner purchased the subject improved property and the adjoining unimproved
property to the north (Lot 4, Block 6, Avalon Estates Unit No. 1) on December 30, 1988, as evidenced by
a recorded Warranty Deed. As per the recorded Avalon Estates Unit No. 1 plat, PB 3 PG 62, each of the
lots measures 60 feet by 100 feet, and therefore, unless combined for development purposes for which
there is no evidence, each lot is deficient in lot area and are consequently recognized as legal non-
conforming lots of record. Said plat further reveals 5 feet of a 10-foot wide Utility Easement exists to the
rear of the subject property along the west property line. The subject Variance is limited to Lot 3.
In 2018, the subject properties were listed for sale. During the due diligence phase and prior to closing it
became known there may be setback issues with the improvements on Lot 3. The property owner’s realtor
proceeded to request a Zoning Verification Letter (ZLTR) from the County. The County issued ZLTR-
PL20180003544 on or about January 2, 2019, finding that the principal structure did not qualify for legal
nonconforming status as it violated setbacks at the time improvements were made; see attachments.
Zoning staff has since obtained a copy of building permit No. 3852, issued on or about August 13, 1963,
that allowed for the placement of two frame buildings to be used as residences. The permit is consistent
with the issued ZLTR and information obtained from the Property Appraiser’s Office by means of a
Property Card which depicts two attached structures with a t otal area measurement matching that of the
Boundary Survey provided for this petition.
As based upon the provided Boundary Survey, the residence faces east and sits slightly askew to all
property lines. Using the most restrictive points of measure; the residence measures 24.99 feet from the
17.C
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03/24/2020
front (east) property line resulting in an encroachment of 0.01 feet or 0.04% of the required front yard and
14.61 feet from the rear (west) property line resulting in an encroachment of 5.39 feet or 26.95% of the
required rear yard for principal structures. Staff notes that there are no side yard issues as the shed
depicted on the survey has been removed. The provided survey also reveals that there is a roof overhang
to the front of the structure that encroaches an additional 3.51 feet into the required front yard for which
the LDC only allows a 3-foot encroachment; therefore a variance of 0.51 feet or 17% is requested to
allow the roof overhang to remain.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as
needed to maintain an adopted Level of Service (LOS) for public facilities. Additionally, in order to meet
the requirements of concurrency management, the developer of every local development order approved
by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees
collected prior to issuance of a building permit include building permit review fees. Finally, additional
revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the
value of the improvements. Please note that impact fees and taxes collected were not included in the
criteria used by staff and the CCPC to analyze this petition.
GROWTH MANAGEMENT IMPACT: The subject property is in the Urban, Urban Coastal Fringe
Subdistrict, and is seaward of the Coastal High Hazard Area Boundary, on the County’s Future Land Use
Map (FLUM) of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The
GMP does not address individual Variance requests but deals with the larger issue of the actual use. The
existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have
any impact on this property's consistency with the County's GMP.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition VA PL20190001940 on February 20, 2020, and by a vote of 4 to 0 recommended to
forward this petition to the Board of Zoning Appeals with a recommendation of approval with no
stipulations. Because the CCPC approval recommendation was unanimous and no letters of
objection have been received, this petition has been placed on the Summary Agenda.
LEGAL CONSIDERATIONS: Petitioner is requesting a Variance from Section 4.02.01.A., Table 2.1 of
the Collier County Land Development Code to reduce the minimum front yard setback from 25 feet to
24.99 feet, and to reduce the minimum rear yard setback from 20 feet to 14.61 feet for an existing single
family home, and a variance from Section 4.02.01.D.8 of the Land Development Code to increase the
maximum allowable roof overhang from 3 feet to 3.51 feet. The granting of such a Variance is permitted
under LDC §9.04.02.
The attached staff report and recommendations of the Planning Commission are advisory only
and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to
prove that the proposed Variance is consistent with all the criteria set forth below, and you may question
Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC Section
10.09.00 F. requires that “Upon consideration of the Planning Commission’s report, findings and
recommendations, and upon consideration of the standards and guidelines set forth [below], the Board of
Zoning Appeals shall approve, by resolution, or deny a petition for a variance.” Should you consider
denying the Variance, to assure that 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.
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In granting any Variance, the Board of Zoning Appeals may prescribe the following:
1. Appropriate conditions and safeguards in conformity with the zoning code or other
applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms
under which the Variance is granted, shall be deemed a violation of the zoning code.
2. A reasonable time limit within which the action for which the Variance required shall be
begun or completed or both.
Criteria for Variances
1. 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.
This item has been approved as to form and legality, and requires a majority vote for Board
approval.- SAA
RECOMMENDATION: Staff concurs with the recommendation of the CCPC, which is reflected in the
attached Resolution and recommends that the Board of Zoning Appeals approves the applicant’s Variance
request without conditions.
Prepared by: John A. Kelly, Senior Planner, Zoning Division
ATTACHMENT(S)
1. Attachment A - Staff Report-Final (PDF)
2. Attachment B - Plat, Permit, Posting (PDF)
3. Attachment C - Application and Back up materials (PDF)
4. Attachment D - Resolution (PDF)
5. Legal Ad - Agenda ID 11807 (PDF)
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03/24/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 11807
Item Summary: This item requires ex parte disclosure be provided by the Commission memb ers.
Should a hearing be held on this item, all participants are required to be sworn in, A Resolution of the
Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL20190001940,
for a variance from Section 4.02.01.A., Table 2.1 of the Collier County Land Development Code to
reduce the minimum front yard setback from 25 feet to 24.99 feet, and to reduce the minimum rear yard
setback from 20 feet to 14.61 feet for an existing single family home, and a variance from Section
4.02.01.D.8 of the Land Development Code to increase the maximum allowable roof overhang from 3
feet to 3.51 feet. The property is described as Lot 3, Block 6, Avalon Estates Unit No. 1, also described
as 4704 Acadia Lane, in Section 13, Township 50 South, Range 25 East, Collier County, Florida.
(PL20190001940)
Meeting Date: 03/24/2020
Prepared by:
Title: Planner – Zoning
Name: John Kelly
02/24/2020 5:57 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
02/24/2020 5:57 PM
Approved By:
Review:
Zoning Ray Bellows Additional Reviewer Completed 02/25/2020 2:27 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 02/25/2020 4:55 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/25/2020 6:14 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/27/2020 4:34 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 8:01 AM
Zoning Jeanne Marcella Additional Reviewer Skipped 03/03/2020 8:31 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 3:17 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
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STAFF REPORT
TO:COLLIER COTINTY HEARING EXAMINER
FROM:GROWTH MANAGEMENT DEPARTMENT
ZONING DIVISION- ZONING SERVICES SECTION
HEARING DATE: FEBRUARY 20.2020
PETITION VA-PL2O190001940; 4704 ACADIA LANE. VARIANCESUBJECT:
Owner/Applicant:
Eugene B. and Castula L. Jones
4704 Acadia Lane
Naples, FL 34112
Agent:
Sarah E. Spector, Esq
Roetzel & Andress, LPA
Trianon Center, Third Floor
800 Park Shore Drive
Naples, FL 34103
REOUESTED A CTION:
To have the collier County Planning commission (cCPC) consider an application for an after-
the-fact variance fiom Section 4.02.01.A., Table 2.1 of the collier county Land Development
Code (LDC) to reduce the minimum front yard setback from 25 feet to 24.99 feet, and to reduce
the minimum rear yard setback from 20 feet to 14.61 leet for an existing single-family home, and
a variance fiom Section 4.02.01.D.8 of the LDC to increase the maximum allowable roof overhang
from 3 leet to 3.51 feet, located within a Residential Multi-Family-6 (RMF-6) zoning district.
GEOGRAPHIC LOCATION:
The subject prope(y is located within a recorded subdivision and is identified as Lot 3, Block 6,
Avalon Estates Unit No. l, also known as 4704 Acadia Lane, in Section 13, Township 50 South,
Range 25 East, Collier County, Florida, consisting of 0. l4 acres (See location map on page 2).
VA-PL2o1 90001 940; 4704 Acadia Lane
01t31D020
Page 'l of 8
PROPERTY OWNER/AGENT:
17.C.1
Packet Pg. 1555 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
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17.C.1
Packet Pg. 1557 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
The property owner/applicant seeks an after-the-fact Variance to remedy conditions pertaining to
an existing single-family residence at the subject location. The residence is located within an RMF-
6 zoning district and encroaches 0.1 feet into the required front yard and 5.39 feet into the required
rear yard. Additionally, a roof overhang encroaches 0.51 feet more than is allowable into the
required front yard. The Variance is required to maintain the property in its present condition and
to allow for sale ofthe property with clear title.
This section of the staff report identifies the land uses and zoning classifications for properties
surrounding boundaries of the subject property:
North:Unimproved lot, owned by applicant, within an RMF-6 zoning district
East:Acadia Lane Right-of-Way, then a Single-family residence in an RMF-6
zoning district
South:Unimproved lot within an RMF-6 zoning district
West:Single-family residence within an RMF-6 zoning district
VA-P1201 90001 940i 4704 Acadia Lane
01t31t2020
Collier County Property Appraiser
PURPOSE/DESCRIPTION OF PROJECT:
SURROUNDING LAND USE AND ZONING:
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17.C.1
Packet Pg. 1558 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
GROWTH NTANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is in the Urban, Urban coastal Fringe Subdistrict, and is seaward of the
Coastal High Hazard Area Boundary, on the County's Future Land Use Map (FLUM) of the Future
Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests
but deals with the larger issue of the actual use. The existing single-family use is consistent with
the FLUM of the GMP. The requested variance does not have any impact on this property's
consistency with the County's GMP.
STAFF ANALYSIS:
The current property owner purchased the subject improved property and the adjoining
unimproved property to the north (Lot 4, Block 6, Avalon Estates Unit No. 1) on December 30,
1988, as evidenced by a recorded Warranty Deed. As per the recorded Avalon Estates Unit No. I
plat, PB 3 PG 62, each ofthe lots measures 60 feet by 100 feet, and therefore, unless combined for
development purposes for which there is no evidence, each lot is deficient in lot area and are
consequently recognized as legal non-conforming lots ofrecord. The subject Variance is therefore
limited to Lot 3.
In 2018, the subject properties were listed for sale. During the due diligence phase and prior to
closing it became known there may be setback issues with the improvements on Lot 3. The
property owner's realtor proceeded to request a Zoning Verification Letter (ZLTR) from the
County. The County issued ZLTR-PL20 I 80003 544 on or about January 2,2019, finding that the
principal structure did not qualifo for legal nonconforming status as it violated setbacks at the time
improvements were made; see attachments. Zoning staff has since obtained a copy of building
permit No. 3852, issued on or about August 13, 1963, that allowed for the placement oftwo frame
buildings to be used as residences. The permit is consistent with the issued ZLTR and information
obtained from the Property Appraiser's office by means of a Property card which depicts two
attached structures with a total area measurement matching that ofthe Boundary Survey provided
for this petition.
Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeats (BZA) the
authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the
VA-P120190001 940; 4704 Acadia Lane
01t31t2020
Page 5 of I
As per LDC Section 4.02.01.A, Table 2.1, the setbacks for a single-family dwelling located upon
property within an RMF-6 zoning district are: Front Yard 25 feet, Side Yards (non-waterfront) 7.5
feet, and Rear Yard 20 feet. Additionally, per Section 4.02.01.D.8 roofoverhangs shall not project
over 3-feet into a required yard. As based upon the provided Boundary survey, the residence faces
east and sits slightly askew to all property lines. Using the most restrictive points ofmeasure; the
residence measures 24.99 feet from the front (east) property line resulting in an encroachment of
0.01 feet or 0.04Yo of the required front yard and 14.61 feet from the rear (west) property line
resulting in an encroachment of 5.39 feet or 26.950/o of the required rear yard for principal
structures. Staffnotes that there are no side yard issues as the shed depicted on the survey has been
removed. The provided survey also reveals that there is a roofoverhang to the front ofthe structure
that encroaches an additional 3.5 I feet into the required front yard for which the LDC only allows
a 3-foot encroachment; therefore a variance of 0.51 feet or 17%o is requested to allow the roof
overhang to remain.
17.C.1
Packet Pg. 1559 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
b
provisions ofSection 9.04.03 A. through H. (in bold font below), as general guidelines to assist in
making their recommendation of approval or denial. Staff has analyzed this 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 buitding involved?
Yes, Zoning staff has determined that the subject property is legal non-conforming with
respect to lot area. Additionally, as noted within the referenced ZLTR the rear yard setback
has changed over time.
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 are the
subject of the Variance request?
Yes, the applicant purchased this property in 1988 without knowledge of the existing
encroachments. No modifications have been made by the owner/applicant to increase said
encroachments. The owneriapplicant acted to remove a shed from the property that was
placed by a prior owner within the required south side yard thereby serving to reduce the
requested variance. The County did not require spot surveys to be provided for new
construction until 1989.
c.Will a literal interpretation ofthe provisions ofthis zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
Yes, this is an after-the-fact Variance request as such the previously permitted residence
would need to be structurally altered The existing building design cannot be easily or cost
effectively modified to correct the encroachment identified herein; said encroachment is to
the principal structure and not an accessory structure. The applicant notes that LDC Section
9.04.04.C empowers the County Manager or his4rer designee to approve Administrative
Variances for encroachments of up to 25%o of the required yard; the subject residence
encroaches 26.950/o into the required rear yard, a net difference of less than 2%, due to no
fault of the owner/applicant.
d. Will the Variance, if granted, be the minimum Variance that witl make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes, the Variance, if granted, is the minimum required to accommodate the existing building
design and roof system, thereby making possible the most reasonable use ofthe land which
results in no changes to the existing property conditions while promoting standards ofhealth,
safety, and welfare.
Will granting the Variance confer on the applicant any special privilege that is denied
by these zoning regulations to other lands, buildings, or structures in the same zoning
e
VA-PL201 90001 940; 4704 Acadia Lane
01t3't t2020
Page 6 of 8
17.C.1
Packet Pg. 1560 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
district?
By definition, a Variance bestows some dimensional relief from the zoning regulations
specific to a site. LDC Section 9.04.02 allows relief through the Variance process for any
dimensional development standard. As such, other properties facing a similar hardship would
be entitled to make a similar request and would be conferred equal consideration on a case
by case basis.
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, the granting ofthe Variance will be in harmony with the general intent and purpose of
the Land Development Code and will not harm public safety, health and welfare. The
presently offending structure has existed for decades. A search of Department records yields
no Code Enforcement complaints having been made conceming setback issues during this
time.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives ofthe regulation such as natural preserves, lakes, golf courses, etc.?
No, no natural or physically induced conditions have been observed that will serve to
ameliorate the goals and objectives ofthe LDC.
Will granting the Variance be consistent with the Growth Management plan?
Yes, approval of this Variance will not affect or change the requirements of the GMp with
respect to density, intensity, compatibility, access/connectivity, or any other applicable
provisions.
ENVIRONMENTAL ADVI SORY COUNCIL (EAC)RECOMMENDATION:
The EAC does not normally hear variance petitions. Since the subject variance doesn't impact any
preserve area, the EAC did not hear this petition.
COU\TY ATTORNEY OFFICE REVIEW
The Office ofthe County Attorney reviewed this staffreport on February 7,2020
RECOMMENDATION:
Staff recommends that the collier county Planning commission (ccPC) forward petition vA-
PL20190001940 to the Board ofZoning Appeals (BZA) with a recommendation ofapproval.
Attachments: A - PB 3 PG 62, Building Permit No. 3852 & Public Hearing Sign posting
B - Resolution
C - Applicant's Backup; Application, Narrative, Authorizations, etc.
h
VA-P1201 9000'1 940: 4704 Acadia Lane
01t31t2020
Page 7 of 8
17.C.1
Packet Pg. 1561 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
PREPARED BYI
JOHN OR PLANNER
DIVISION-ZONING SERVICES SECTION
t)TE
REVIEWED BY:
oo/7 f ,-*
RAYM V. BELLOWS, ZONING MANAGER ----5m
ZONING DIVISION-ZONING SERVICES SECTION
t2a
FRENCH, DEPUTY DEPARTMENT HEAD ATE
GROWTH MANAGEMENT DEPARTMENT
VA-PL2o1 90001940: 4704 Acadia Lane
ui3112020
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17.C.1
Packet Pg. 1562 Attachment: Attachment A - Staff Report-Final (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.2Packet Pg. 1563Attachment: Attachment B - Plat, Permit, Posting (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.2
Packet Pg. 1564 Attachment: Attachment B - Plat, Permit, Posting (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.2
Packet Pg. 1565 Attachment: Attachment B - Plat, Permit, Posting (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.2
Packet Pg. 1566 Attachment: Attachment B - Plat, Permit, Posting (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.2
Packet Pg. 1567 Attachment: Attachment B - Plat, Permit, Posting (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252‐2400 FAX: (239) 252‐6358
4/27/2018 Page 1 of 6
VARIANCE PETITION APPLICATION
Variance from Setbacks Required for a Particular Zoning District
LDC section 9.04.00 & Code of Laws section 2‐83 – 2‐90
Chapter 3 J. of the Administrative Code
PROJECT NUMBER
PROJECT NAME
DATE PROCESSED
APPLICANT CONTACT INFORMATION
Name of Property Owner(s): ______________________________________________________
Name of Applicant if different than owner: __________________________________________
Address: _________________________City: ________________ State: _______ ZIP: ________
Telephone: ___________________ Cell: ____________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
Name of Agent: ________________________________________________________________
Firm: _________________________________________________________________________
Address: ___________________________City: ________________ State: _______ ZIP: ______
Telephone: ____________________ Cell: ___________________ Fax: ____________________
E‐Mail Address: ________________________________________________________________
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND
ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
To be completed by staff
Eugene B. and Castula L. Jones
4704 Acadia Lane Naples 34112FL
Sarah E. Spector, Esq.
Roetzel & Andress, LPA, Trianon Center, Third Floor
800 Park Shore Drive
(239) 338-4213
Naples FL 34103
(239) 337-0970
sspector@ralaw.com
17.C.3
Packet Pg. 1568 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 2 of 6
PROPERTY INFORMATION
Provide a detailed legal description of the property covered by the application: (If space is
inadequate, attach on separate page)
Property I.D. Number: ____________________ Section/Township/Range: / /
Subdivision: _____________________________________ Unit: _____Lot: Block:
Metes & Bounds Description: __________________________________ Total Acreage: ______
Address/ General Location of Subject Property: ______________________________________
______________________________________________________________________________
ADJACENT ZONING AND LAND USE
Zoning Land Use
N
S
E
W
Minimum Yard Requirements for Subject Property:
Front: Corner Lot: Yes No
Side: Waterfront Lot: Yes No
Rear:
Chapter 8 of the Administrative Code requires that the applicant must remove their public
hearing advertising 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.
17.C.3
Packet Pg. 1569 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 3 of 6
ASSOCIATIONS
Complete the following for all registered Association(s) that could be affected by this petition.
Provide additional sheets if necessary. Information can be found on the Board of County
Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774.
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______
Name of Homeowner Association: _________________________________________________
Mailing Address: ____________________________ City: _________ State: ______ ZIP: _____
NATURE OF PETITION
On a separate sheet, attached to the application, please provide the following:
1. A detailed explanation of the request including what structures are existing and what is proposed; the
amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.;
when property owner purchased property; when existing prin cipal structure was built (include
building permit number(s) if possible); why encroachment is necessary; how existing encroachment
came to be; etc.
2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations,
including any dredging and filling.
3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing
Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a
variance petition by the criteria (a-h) listed below. Please address the following criteria:
a) Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
17.C.3
Packet Pg. 1570 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 4 of 6
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.
c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
d) Will the variance, if granted, 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.
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.
f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not
be injurious to the neighborhood, or otherwise detrimental to the public welfare.
g) Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
h) Will granting the variance be consistent with the Growth Management Plan?
4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official
interpretation or zoning verification rendered on this property within the last year?
Yes No If yes, please provide copies.
17.C.3
Packet Pg. 1571 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 5 of 6
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Variance
Chapter 3 J. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website)
Pre-Application Meeting Notes 1
Project Narrative
Completed Addressing Checklist 1
Property Ownership Disclosure Form 1
Conceptual Site Plan 24” x 36” and one 8 ½ ” x 11” copy
Survey of property showing the encroachment (measured in feet) 2
Affidavit of Authorization, signed and notarized 2
Deeds/Legal’s 3
Location map 1
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5
Historical Survey or waiver request 1
Environmental Data Requirements or exemption justification 3
Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification 1
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
17.C.3
Packet Pg. 1572 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
4/27/2018 Page 6 of 6
Planners: Indicate if the petition needs to be routed to the following reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra
Emergency Management: Dan Summers; and/or
EMS: Artie Bay School District (Residential Components): Amy
Lockheart
Other:
FEE REQUIREMENTS
Pre-Application Meeting: $500.00
Variance Petition:
o Residential- $2,000.00
o Non-Residential- $5,000.00
o 5th and Subsequent Review- 20% of original fee
Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
__________________________________ ____________________
Applicant Signature Date
__________________________________
Printed Name
17.C.3
Packet Pg. 1573 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
PRE-APPLICATION MEETING NOTES
17.C.3
Packet Pg. 1574 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Colfier County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400
Pre-Application Meeting Notes
Petition Type: Variance (VA)
Date and Time: Thursday 8/29/2019 1 : 30PM
Assigned Planner: John Kelly
Engineering Manager (for PPL's and FP's):
Project Information
Project Name: Acadia Setback (VA)
PL #: 20190001940
Property ID #: 22624080002 Current Zoning:
Project Address: 4704 Acadia Ln City: Naples
RMF-6
State: FL Zip: 34112
Applicant: Sarah E . Spector, Esq.
Sarah E . Spector, Esq . Roetzel&Andress
Agent Name: Phone: 239-338-4213
Cen State: ter -3rd Fl 34103Agent/Firm Address: ark rk Snore Drive 'City: Naples FL Zip:
Property Owner: Eugene B . & Castula L . Jones
Please provide the following, if applicable:
i. Total Acreage: . 14
ii. Proposed # of Residential Units:
iii. Proposed Commercial Square Footage:
iv. For Amendments, indicate the original petition number:
v. If there is an Ordinance or Resolution associated with this project, please indicate the
type and number:
vi. If the project is within a Plat, provide the name and AR#/PL#:
Updated 7/11/2019 Page I 1 of 5
17.C.3
Packet Pg. 1575 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Goer County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
Meeting Notes
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400
As of 10/16/2017 all Zoning applications have revised applications, and your associated
Application is included in your notes; additionally a *new Property Ownership Disclosure
Form is required for all applications. A copy of this new form is included in your pre-app
Note — link is https://www.colliergov.net/Home/ShowDocument?id=75093.
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If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if
the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along
with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton
RMiddleton nablesqov.com Allyson Holland AMHolland(@,naplesqov.com Robin Singer RSincier naplesqov.com
Erica Martin emartin naplesqov.com
Disclaimer: Information provided by staff to applicant during the Pre-Application Meeting is based on the best
available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the
process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any
checklists provided of required data for an application may not fully outline what is needed. It is the applicant's
responsibility to provide all required data.
Updated 7/11/2019 Page I 2 of 5
17.C.3
Packet Pg. 1576 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Colier County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
Meeting Notes
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400
Other required documentation for submittal (not listed on application):
Disclaimer:• Information provided by staff to applicant during the Pre-Application Meeting is
based on the best available data at the time of the meeting and may not fully inform the
applicant of issues that could arise during the process. The Administrative Code and LDC
dictates the regulations which all applications must satisfy. Any checklists provided of required
data for an application may not fully outline what is needed. It is the applicant's responsibility to
provide all required data.
Updated 7/11/2019 Page 1 3 of 5
17.C.3
Packet Pg. 1577 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Colker County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400
Pre-Application Meeting Sign-In Sheet
PL# 20190001940
Collier County Contact Information:
Name Review Discipline Phone Email
q David Anthony Environmental Review 252-2497 david.anthony@colliercountyagov
q Claudine Auclair
GMD Operations and
Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov
E Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov
q Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov
kr Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov
E Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov
q Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov
q Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov
q Heidi Ashton Cicko
Managing Asst. County
Attorney 252-8773 heidi.ashton@colliercountyfl.gov
K Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov
E Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov
q Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov
E Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov
E Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov
E Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfl.gov
E James French
Growth Management Deputy
Department Head 252-5717 james.french@colliercountyfl.gov
q Michael Gibbons
Structural/Residential Plan
Review 252-2426 michael.gibbons@colliercountyfl.gov
E Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov
E Nancy Gundlach, AICP,
PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov
1 1 Richard Henderlong Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov
E John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov
q Alicia Humphries Right-Of-Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov
El Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov
q Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov
ci John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov
q Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov
q Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov
Li Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov
Updated 7/11/2019 Page I 4 of 5
17.C.3
Packet Pg. 1578 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Cofer County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400
E Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov
H Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov
q Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov
q Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov
q Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov
H Brandy Otero Transit 252-5859 brandy.otero@colliercountyfl.gov
q Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov
E Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com
q Brett Rosenblum, P.E.
Development Review
Principal Project Manager 252-2905 brett.rosenblum@colliercountyftgov
E James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net
Li Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov
q Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov
E Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov
H Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov
E Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov
E Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov
q Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov
q Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov
E Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov
C Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov
q David Weeks, AICP
Comprehensive Planning
Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov
E Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov
IH Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov
H Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov
Additional Attendee Contact Information:
Name Representing Phone Email
S'cxv ail C?e c+ov eulenti Cask-1.0 0, 30hts 23'1.3 g -4213 59)cc-lc-ov p
Updated 7/11/2019 Page 1 5 of 5
17.C.3
Packet Pg. 1579 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Cotter County
Growth Management Department
Zoning Division
PL20190001940 — Acadia Setback (VA) -
Applicant/Agent may also send site
plans or conceptual plans for
review in advance if desired.
PRE-APP INFO
Assigned Ops Staff: Thomas Clarke
Camden Smith,(Ops Staff)
STAFF FORM FOR SUPPLEMENTAL PRE-APPLICATION MEETING INFORMATION
• Name and Number of who submitted pre -app request
Name/number/email
Sarah E. Spector, Esq.
Roetzel & Andress
239.338.4213
sspector@ralaw.com
• Agent to list for PL#
Name of Company and Agent
Sarah E. Spector, Esq.
Roetzel & Andress
• Owner of property (all owners for all parcels)
List individual ly and by Parcel
Eugene B. and Castula L. Jones
• Confirm Purpose of Pre -App: (Rezone, etc.)
List the type of pre-app you wish to schedule in case it conflicts with our system.
Pre-application meeting to discuss variances needed for property located at 4704 Acadia Lane, Naples,
FL 34112 (Parcel Number 22624080002)
• Please list the density request of the project if applicable and number of homes/units/offices/docks (any that
apply):
Describe the project here. Provide details here, so that staff may be better prepared to address relative
information.
Zoning Verification Letter ZLTR-PL20180003544 indicates that there is a front, overhang (front), and rear
setback encroachment existing on the property. The letter also asserts that no permits can be found for
additions added to the home on the property and, as such, the County has concluded that the buildings
have never been considered in compl iance with the Land Development Code since the initial addition
was constructed.
Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104 • 239-252-2400 • www.colkergov.net
17.C.3
Packet Pg. 1580 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
The Jones have listed the property for sale and the setback encroachment issue has been listed as an
issue that needs to be addressed. The Jones would like to understand what steps they must take to
address the encroachments and the anticipated cost and time involved in doing so.
• Details about Project:
Variance — What are you seeking a variance of: zoning, primary use, etc.? Provide details (ie Survey)
The Zoning Verification Letter was based on a November 21, 2018 survey. The attached August 7, 2019 survey
shows slightly different dimensions. The following table summarizes what the County asserts is applicable to this
property and was the survey shows as far as setbacks:
Required/Allowed per County Existing per 8/19 survey % Difference
Front 25' 24.99' (minimum) .04%
Overhang (front) 3' (into required yard) 3.6' 16.67%
Rear 20' 14.61' (minimum) 26.95%
Based on the foregoing, it would appear that a variance for the front and overhang (rear) encroachments could
be approved administratively, but a variance for the rear encroachment just barely exceeds the 25% threshold.
REQUIRED Supplemental Information provided by:
Name: Sarah Spector
Title: Attorney for Eugene and Castula Jones
Email: sspector@ralaw.com
Phone: 239.338.4213
Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor
danny.condomina@colliercountyfl Phone: 239-252-6866
Created April 5, 2017 Location: K:\CDES Planning Services\ CurrentVoning Staff Information
Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104 .239-252-2400. vwiwooliergovnet
17.C.3
Packet Pg. 1581 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
71:=1-RU- LIN-
TECHNOLOGIES
INFO@TRUELINETECH.COM PHONE: 866.772.8813 I WWW.TRUELINETECH.COM
Page 1 of 3 in order 129081
File number: 1760319-07249
Client: SUNBELT TITLE AGENCY - NAPLES
Lender: ENVOY MORTGAGE LTD. ISAOA. ATIMA
Buyer: LUIS FELIPE BARAHONA ,
Seller: EUGENE B. JONES AND CASTULA L. JONES
Premises: 4704 ACADIA LN, NAPLES, FLORIDA 34112 COLLIER
Completed: 8/7/2019
Surveyed: 8/6/2019
CERTIFIED TO: SUNBELT TITLE AGENCY, ENVOY MORTGAGE LTD. ISAOA. ATIMA, LUIS FELIPE BARAHONA „ TITLE RESOURCES GUARANTY
COMPANY
(rev.0 8/7/2019) (rev.0 8/7/2019)
TRUELINE TECHNOLOGIES LLC: THE FOLLOWING PRODUCT HAS BEEN COMPLETED BY THE STATE LICENSED LAND SURVEYING FIRM AS INDICATED ON THE FOLLOWING PAGE. TRUELINE
TECHNOLOGIES LLC PROVIDES THE DIGITAL TRANSMISSION AND ARCHIVING OF THE PRODUCT, AND IS NOT INVOLVED IN ANY FACET OF THE TECHNICAL FIELD WORK PERFORMED AND MAKES
NO WARRANTIES AS TO THE ACCURACY OF SUCH WORK. ALL TRANSMISSIONS OF THE PRODUCT ARE VIAA SECURE 'SHA-1' SECURE HASH MESSAGE DIGEST AUTHENTICATION CODE WITHIN ITS
SIGNATURE FILE. A MANUALLY SIGNED AND SEALED LOG OF THIS SURVEY'S SIGNATURE FILE IS KEPT ON FILE AT THE PERFORMING SURVEYORS OFFICE.
PRINTING PROCEDURES: BECAUSE THIS FILE HAS BEEN SENT ELECTRONICALLY, IT IS IMPERATIVE THAT THE PRINT SETTINGS BE CORRECT IN ORDER TO DEPICT AN ACCURATE
REPRESENTATION OF THIS DOCUMENT ON PAPER. INSTRUCTIONS: WHILE VIEWING THE PRODUCT IN ADOBE READER, SELECT PRINT UNDER THE FILE TAB. SELECT COLOR PRINTER. UNDER
PRINT RANGE - SELECT ALL. UNDER PAGE HANDLING, SELECT NONE FOR PAGE SCALING AND UNCHECK AUTO ROTATE AND CENTER. CHOOSE PAPER SOURCE BY PDF SIZE. CLICK PRINT.
17.C.3
Packet Pg. 1582 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
0' 10' 20'
1 inch = 20' ft.
LOT 2
BLOCK 6
LOT 26
LOT 25
BLOCK 6
BLOCK 6
co 60.00 ' (R&M)
—
EASEMENT \
F.I.R. 5/8" 100.00' (R&M) 160.00' WM
(BASIS OF BEARING
ASSUMED)
F.I.R. 5/8" B.C.
F.I.P. 1/2"
17.70'
7.0'
41. CONC
7.0'
,.SHE
17.87'
24.20'
N
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-on ONE STORY 'on
6 RESIDENCE o
# 4704
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21'± PARKWAY
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LOT 3
BLOCK 6
17.93'
DRIVE •.'.
_,L,17 0 co
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•
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F.I.R.15/8"
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•• * 60' RIGHT—OF—WAY (BY PLAT)
. ' . . ' 18'.f ASPHALT PAVEMENT.- . .
. .. . . ACADIA LANE • • • ....... . . . ..................... ...........
LOT 24
BLOCK 6
LOT 4
BLOCK 6
POINTS OF INTEREST:
DRIVEWAY CROSSES LOT LINES.
MAP OF BOUNDARY SURVEY
Property Address:
4704 ACADIA LN
NAPLES, FL 34112
nlineland
SURVEYORS, INC.
15271 NW 60 AVE, Suite 206
Miami Lakes, FL 33014
www.OnlineLandSurveyors.Com
SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THIS 'BOUNDARY SURVEY' IS A TRUE
AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. THIS
COMPLIES WITH THE MINI STANDARDS. AS SET FORTH BY THE STATE OF
FLORIDA BOARD OF P RS AND MAPPER IN CHAPTER 5J-17.051. FLORIDA
ADMINISTRATIVE C 472,027. FLORIDA STATUTES.
SIGNED
MIGUEL ESPINO
STATE OF FLORIDA
FOR THE FIRM
P.S.M. No. 5101
NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED
ELECTRONIC SEAL AND/OR THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSE SURVEYOR AND MAPPER.
Survey Date:8/7/2019 Survey Code:O-54196 Page 1 of 2 Not valid without all pages.
17.C.3
Packet Pg. 1583 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
LOCATION MAP N.T.S. PROPERTY FRONT VIEW
FLOOD INFORMATION:
Community Number: COLLIER COUNTY UNIC 120067
Panel Number: 12021C0582H
Suffix:
Date of Firm Index: 5/16/2012
Flood Zone: AH
Base Flood Elevation: 7.0
Date of Survey: 8/7/2019
LEGAL DESCRIPTION: LOTS 3, BLOCK 6, OF AVALON ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PROPERTY UNE
STRUCTURE
=2= CONC. BLOCK WALL
CHAIN -UNK o WIRE FENCE
WOOD FENCE
IRON FENCE
EASEMENT
CENTER LINE
WOOD DECK
CONCRETE
ASPHALT
BRICK/TILE
WATER
APPROXIMATE EDGE OF WATER
COVERED AREA
Y P.P
031C.B.
C.U.E.
I.E./E.E.
U.E.
Re OR F
LB/
LS/
CALC
SET
•
■
ELEV
P.T.
P.C.
P.R.M.
P.C.C.
P.R.C.
P.O.B.
P.O.C.
P.C.P.
Surveyor's Legend
TREE
POWER POLE
CATCH BARN
COUNTY UTIUTY ESMT.
INGRESS/ EGRESS ESMT.
UTIUTY EASEMENT
FOUND IRON PIPE/
PIN AS NOTED ON PLAT
UCENSE - BUSNESS
UCENSE - SURVEYOR
CALCULATED POINT
SET MONUMENT
CONTROL POINT
CONCRETE MONUMENT
ELEVATION
POINT OF TANGENCY
POINT OF CURVATURE
PERMANENT REFERENCE MONUMENT
POINT OF COMPOUND CURVATURE
POINT OF REVERSE CURVATURE
POINT OF BEGINNING
POINT OF COMMENCEMENT
PERMANENT CONTROL POINT
FIELD MEASURED
PLATTED MEASURMENT
DEED
CALCULATED
GENERAL NOTES:
1) LEGAL DESCRIPTION PROVIDED BY OTHERS.
2) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY.
3) THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR
OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT.
4) THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAINING TITLE INSURANCE
AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUCTION, PERMITTING
DESIGN, OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OF
ONLINE LAND SURVEYORS INC.
5) UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER
IMPROVEMENTS WERE NOT LOCATED.
6) ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED.
7) FENCE OWNERSHIP NOT DETERMINED.
8) WALL TIES ARE TO THE FACE OF THE WALL.
9) BEARINGS ARE BASE ON AN ASSUMED MERIDIAN.
10) BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION
OF THE SURVEY WORK PERFORMED IN THE FIELD, COULD BE DRAWN AT A
SHOWN SCALE AND/OR NOT TO SCALE.
11) NO IDENTIFICATION FOUND ON PROPERTY CORNERS UNLESS NOTED.
12) NOT VALID UNLESS SEALED WITH THE SIGNING SURVEYORS EMBOSSED OR
ELECTRONIC SEAL.
13) DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN.
14) ELEVATIONS IF SHOWN ARE BASED UPON N.G. V.D. 1929 UNLESS OTHERWISE
NOTED.
15) THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED.
16) THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF
THE ENTITIES NAMED HEREON, THE CERTIFICATIONS DO NOT EXTEND TO ANY
UNNAMED PARTIES.
L.M.E.
R.O.E.
P.P.
PL
1.0.
B.C.
B.R.
A
RAD.
N.R.
Tm.
I.R.
I.P.
NW)
PK NAIL
D.H.
0 M.H.
TX
CATV
W.M.
P/E
CONC
LAKE cr LANDSCAPE MAINT. BHT
ROOF OVERHANG EASEMENT
POOL PUMP
PLANTER OR PROPERTY UNE
IDENTIFICATION
BLOCK CORNER
BEARING REFERENCE
CENTRAL ANGLE or DELTA
RECORD OR RADIUS
RADIAL
NON RADIAL
TYPICAL
IRON ROD
IRON PIPE
NAIL ♦ DISK
PARKER-KALON NAIL
DRILL HOLE
WELL
FIRE HYDRANT
MAN HOLE
OVERHEAD LANES
TRANSFORMER
CABLE TV. RISER
WATER METER
POOL EQUIPMENT
CONCRETE RAS
MAT.
D.E.
LB.E.
L A.E.
TEL
U.P.
E.U.B.
SEP.
D.F.
AC
CSW
DWI
SCR.
GAR.
ENCL
N.T.S
EASEMENT
DRAINAGE EASEMENT
LANDSCAPE BUFFER MAT.
LIMITED ACCESS EASEMENT
TELEPHONE FACIUTIES
UTIUTY POLE
ELECTRIC UTUTY BOX
SEPTIC TANK
DRAIN FIELD
AR CONDITIONER
CONC SIDEWALK
DRIVEWAY
SCREEN
GARAGE
ENCLOSURE
NOT TO SCALE
F.F. RNISHED FLOOR
TOP OF BANK
E.O.W. EDGE OF WATER
E/P OR Lap. EDGE OF PAVEMENT
C.V.G. CONCRETE VALLEY GUTTER
B.S.L BUILDING SETBACK UNE
S. T.L SURVEY TIE LINE
CENTER UNE
RIGHT OF WAY
PUBLIC UTIUTY EASEMENT
CANAL MAINTENANCE EASEMENT
ANCHOR EASEMENT
R/W
R.O.E.
C.M.E.
A.E.
Mr‘‘ Florida Land
Title Association FL-TA Affiliate Member
Printing to Scale:
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2. Deselect "Auto-Rotate and Center"
3. Select "Choose paper source by
PDF page size"
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FIELD WORK:
DRAWN BY:
CHECKED BY:
FINAL REVISION:
COMPLETED:
8/6/2019
8/7/2019
SCALE: 1' = 20"
SURVEY CODE: 0-54196
nlineland
SURVEYORS, INC.
15271 NW 60 AVE, Suite 206
Miami Lakes, FL 33014
Phone: (305) 910-0123
Fax: (305) 675-0999
www.OnlineLandSurveyors.Com
Survey Date:8/7/2019 Survey Code:O-54196 Page 2 of 2 Not valid without all pages.
17.C.3
Packet Pg. 1584 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Co e-r County
Growth Management Department
Zoning Services Section
January 2, 2019
Meredith A. Peck
Peck & Peck, P.A.
5200 Tamiami Trail North, Suite 101
Naples, FL 34103
Re: ZLTR-PL20180003544: Zoning Verification Letter for the property located at 4704 Acadia Lane;
AKA Avalon Estates Unit 1, Block 6, Lot 3, in Section 13, Township 50 South, Range 25 East,
unincorporated Collier County, Florida. Property ID/Folio Number: 22624080002.
Dear Ms. Peck:
This letter is in response to your Zoning Verification Letter (ZLTR) application submitted on or about
November 11, 2018, in which you request verification of a legal non-conforming structure in setbacks of
property. The subject property is located within an unincorporated portion of Collier County, Florida.
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
Ordinance 04-41, as amended, reveals the subject property has a zoning designation of Residential
Multiple-Family — 6 (RMF-6).
Section 4.02.01.A, Table 2.1 of the LDC reveals the RMF-6 setback requirements for a Single-Family
principal structure is:
Front yard: 25 feet
Side yard: 7.5 feet (non-waterfront)
Rear yard: 20 feet
Staff reviewed the provided survey dated 11/21/2018 with the above principal setback requirements. The
principal structure encroaches a maximum of 5.71 feet or 28.55% into the 20 feet rear yard setback
requirement. Staff is unable to confirm whether the principal structure meets the front yard setback of 25
feet from the dimension provided on the survey. LDC Section 4.02.01.D.8 states "Hoods, canopies, or roof
overhangs shall not project over (3) feet into a required yard." Staff notes that the porch overhang projects
3.61 feet into the required front yard setback and therefore is not conforming to the front yard setback
requirements. The principal structure meets the 7.5 feet side yard setback requirements.
Staff was unable to find any historical building permits that could indicate the additions that are encroaching
into the required setbacks were shown to meet the required setbacks at the time of building permit issuance.
A review of the provided property card indicates the reveals a 768 square foot (32'x 24') principal structure
was first observed in 1964 (no building permits identified). The property card further reveals an addition of
672 square feet (28'x 24') to the rear of the principal structure and the front porch overhang was first
observed by the property appraisers office in 1978 (no building permits were identified).
A review of the October 8, 1968 zoning atlas reveals the subject property was zoned MF-1 at that time; the
zoning district conversion chart, attached, indicates the subject property in 1964 was zoned Single Family,
Zoning Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 • www.colliergov.net
17.C.3
Packet Pg. 1585 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Zoning Verification Letter
ZLTR-PL20180003544
Page 2 of 2
R-2. The 1961 Zoning Ordinance, Section IV reveals a front yard requirement of 25 feet and a rear yard
requirement of 25 feet. A review of the October 8, 1974 zoning atlas indicates the subject property was
zoned Residential Multi -Family, RM-1A. The October 1974 Zoning Ordinance, Section 22.II.2.A indicates
the setback requirements for single-family structures to be 25 feet front yard and 20 feet for rear yard.
Based on the information researched by staff the subject principle structure is not a legal
nonconforming structure. The property owner or their agent, if they desire, can apply for a variance to
cure the setback encroachments nonconformance with the rear yard setback requirement of the principal
structure. As per LDC Section 9.04.04, the principal structure encroachment into the rear yard setback of
28.55% exceeds the 25% encroachment allowed to be approved administratively; a variance with a public
hearing would have to be applied for as per LDC Section 9.04.00 & Administrative Code Chapter 3.J.
The information presented in this verification letter is based on the Collier County LDC and/or Growth
Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these
documents could affect the validity of this verification letter. It is also possible that development of the
subject properties could be affected by other issues not addressed in this letter, such as, but not limited to,
concurrency related to the provision of adequate public facilities, environmental impact, and other
requirements of the Collier County LDC or related ordinances.
This letter represents a determination of Zoning Services Section staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent GMD Fee Schedule Resolution as approved by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact Mr.
David Merino with the GMD Records Section at (239)252-2386. The LDC may be viewed online at
www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be viewed
online via the Clerk of Court's website, www.collierclerk.com / Records Search / BMR Records / Boards,
Minutes, Records / BMR Validated Ordinances.
Disclaimer: Issuance of a development permit by the County does not 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. All other applicable state or federal permits must be obtained before commencement of the
development.
Should you require additional information, please do not hesitate to call my office at (239) 252-2733.
Researched and prepared by: Reviewed by:
edina, Senior Planner Michael Bosi, AICP, Director
ng Division Zoning Division
Attachments
CC : GMD — Addressing
Ray Bellows, Zoning Services Manager
17.C.3
Packet Pg. 1586 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Colt County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Pre-Application Meeting and Final Submittal Requirement Checklist for:
Variance
Chapter 3 J. of the Administrative Code
The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting and at
time of application submittal. At time of submittal, the checklist is to be completed and submitted with the
application packet. Please provide the submittal items in the exact order listed below with cover sheets
attached to each section. Incomplete submittals will not be accepted.
REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT
REQUIRED
Completed Application (download current form from County website) 11 [J
Pre-Application Meeting Notes 1
lici(LK
q
Project Narrative n rz 9 Completed Addressing Checklist 1 R
Property Ownership Disclosure Form 1
Conceptual Site Plan 24" x 36" and one 8 1/2 " x 11" copy q IR
Survey of property showing the encroachment (measured in feet) 2 FR/
Affidavit of Authorization, signed and notarized 2 12' q
Deeds/Legal's 3 q
Location map 1 A ]
Current aerial photographs (available from Property Appraiser) with
project boundary and, if vegetated, FLUCFCS Codes with legend
included on aerial
5 q El'
Historical Survey or waiver request 1 q gh
Environmental Data Requirements or exemption justification 3 q /21
q Once the first set of review comments are posted, provide the assigned
planner the Property Owner Advisory Letter and Certification 1 Er
Electronic copy of all documents and plans
*Please advise: The Office of the Hearing Examiner requires all
materials to be submitted electronically in PDF format.
1 IZr q
ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS:
• Following the completion of the review process by County review staff, the applicant shall submit all
materials electronically to the designated project manager.
• Please contact the project manager to confirm the number of additional copies required.
4/27/2018 Page 5 of 6
17.C.3
Packet Pg. 1587 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Col er County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX: (239) 252-6358
Planners: Indicate if the petition needs to be routed to the following reviewers:
Bayshore/Gateway Triangle Redevelopment:
Executive Director Historical Review
71 City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District
Conservancy of SWFL: Nichole Ryan q Parks and Recreation: David Berra .
q Emergency Management: Dan Summers; and/or
EMS: Artie Bay
School District (Residential Components): Amy
Lockheart
0 Other:
FEE REQUIREMENTS
Pre-Application Meeting: $500.00
1?"— Variance Petition:
o Residential- $2,000.00
o Non-Residential- $5,000.00
o 5th and Subsequent Review- 20% of original fee
ZEstimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00
V ------After The Fact Zoning/Land Use Petitions: 2x the normal petition fee
Listed Species Survey (if EIS is not required): $1,000.00
Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the
Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for
Applications headed to hearing, and this fee is collected prior to hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
All checks payable to: Board of County Commissioners.
The completed application, all required submittal materials, and the permit fee shall be submitted to:
Growth Management Department
Zoning Division
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
Applicant Signature Date
Printed Name
4/27/2018 Page 6 of 6
17.C.3
Packet Pg. 1588 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
PROJECT NARRATIVE
17.C.3
Packet Pg. 1589 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
VARIANCE PETITION APPLICATION (PL20190001940)
4704 ACADIA LANE, NAPLES, FL 34112
PROJECT NARRATIVE
(revised December 13, 2019)1
I. REQUEST
Eugene B. and Castula L. Jones (“Applicants”) are requesting approval of the following three (3)
variances related to the property located at 4704 Acadia Lane, Naples, FL 34112 (the
“Property”):
Required Existing Variance
Requested % Difference
Front 25’ 24.99’
(maximum )
.01’ .04%
Overhang (front) 3’ (into yard)3.51’.51’17%
Rear 20’ 14.61’
(maximum )
5.39’ 26.95%
The front and overhang (front) encroachments may be addressed by way of an administrative
variance; however, with the rear encroachment more than 25% over the total setback allowed,
applicants elected to present all three (3) variances through the public hearing process.
II. PROPERTY HISTORY
On August 23, 1963, Collier County Building Permit Number 3852 was issued to “move two
frame bldgs. to be use (sic) as residences . . . .” A review of the Collier County Property
Appraiser Property Card indicates that a 768 square foot (32’ x 24’) principal structure was first
observed in 1964. Though no subsequent building permits have been identified, the Property
Card further reveals that an addition of 672 square feet (28’ x 24’) at the rear of the principal
structure and the front porch overhang was first observed in 1978.
Applicants purchased the Property approximately ten (10) years after the addition and front
porch overhang were first noted by the Property Appraiser. It was not until Zoning Verification
Letter ZLTR-PL20180003544 (the “ZVL”) was issued on January 2, 2019 that Applicants were
made aware of the non-conforming nature of the setbacks. Applicants would like to sell the
Property and, to facilitate such a sale, are seeking the variances necessary to bring the Property
into conformity with the Collier County Land Development Code (the “LDC”).
1 This Project Narrative replaces the Projective Narrative submitted with the initial application. The Project
Narrative has been revised to correct an error in the overhang (front) setback variance requested. No other changes
have been made.
17.C.3
Packet Pg. 1590 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
III. EXISTING CONDITIONS
The Property has a zoning designation of Residential Multiple Family – 6 (RMF-6). Section
4.02.01.A., Table 2.1 of the LDC provides the following setbacks for a principal single-family
structure in the RMF-6 zoning district:
Front yard: 25 feet
Side yard: 7.5 feet (non-waterfront)
Rear yard: 20 feet
Similarly, Section 4.02.01.D.8 of the LDC provides that “[h]oods, canopies, or roof overhangs
shall not project over three (3) feet into the required yard.”
As set forth in the chart above, the principal structure encroaches a maximum of 0.1’ into the
front setback and a maximum of 5.39’ into the rear yard setback. Additionally, the porch
overhang currently projects .51’ into the required setback.
III.LAND DEVELOPMENT CODE CRITERIA
(a) Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure or building involved?
Based on historical records reviewed by Collier County staff in preparing the ZVL, the front yard
setback for the Property has been 25 feet and the rear yard setback has been at least 20 feet
dating back to 1974. Collier County Property Appraiser records indicate that the 672 square foot
addition was present as early as 1978. Thus, the encroachments at issue have been in place for
more than 40 years, and perhaps longer as it relates to the principal structure.
(b) Are there special conditions and circumstances which do not result from the action
of the applicant such pre-existing conditions relative to the property which is the
subject of this variance request?
As noted above, the encroachments have existed for more than 40 years. The Applicants
purchased the Property in 1988 in its improved state and have made no modifications to the
principal structure that have increased the setback encroachments in the 30 years that they have
owned the Property. Furthermore, Applicants have paid taxes for the land and improved value of
the Property for the entire period of ownership.
(c) Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties on the
applicant?
Yes, a literal interpretation of the provisions of the LDC would confer an undue hardship on the
Applicants and create numerous practical difficulties. Section 9.04.04 LDC empowers the
County Manager or his or her designee to grant administrative variances for minor after-the-fact
encroachments. Pursuant to Section 9.04.04(C), an encroachment of up to 25% of the required
yard is considered a minor encroachment where no building permit record can be produced and
the following criteria have been met:
17.C.3
Packet Pg. 1591 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
a. An after-the-fact building permit for the structure, or portion of the structure, is
issued prior to the approval of the administrative variance. The administrative
variance will only be approved once all inspections have been completed. The
certificate of occupancy shall be placed on hold until the administrative variance
is approved.
b. The encroaching structure, or portion of the structure, was constructed prior to the
purchase of the subject property by the current owner.
c. Evidence is presented showing that the encroaching structure, or portion of the
structure, was constructed at least two (2) years prior to the date of application for
the administrative variance. This evidence may be in the form of a survey,
property card, or dated aerial photograph clearly showing the encroachment.
d. The encroaching structure is either an addition of living area to a principal
structure, or an accessory structure of at least two hundred (200) square feet in
area.
e. The encroachment presents no safety hazard and has no adverse affect on the
public welfare.
The criteria set forth in Subsections b through e are present here, as documented by the
submitted application materials, and an after-the-fact building permit application has been
submitted for the Property. This request must be made by way of the public hearing process
solely because the rear of the building encroaches less than 2% more than is allowed for an
administrative variance.
(d) Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote the health,
safety or welfare?
Yes, given that this is a request to address after-the-fact encroachments discovered as to a
building constructed more than 40 years ago, the three (3) variances are the minimum variances
that will make possible the reasonable use of the Property and maintain the status quo.
(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?
No, the three (3) variances requested would not confer on the Applicants any special privilege,
but rather merely authorizing a more than 40-year-old structure to remain in place.
(f) Will granting the variance 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?
There has been no disturbance to the neighborhood or its residents throughout the past more than
40 years the encroachments have gone unnoticed. During that time, no harm has been conferred
on the Applicants’ neighbors or the neighborhood. As such, granting the three (3) variances will
17.C.3
Packet Pg. 1592 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
be in harmony with the intent and purpose of the LDC and will not otherwise be detrimental to
the public welfare.
(g) Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf course,
etc.?
No, there are no conditions on this Property which ameliorate the goals and objectives of the
zoning code or other regulations.
(h) Will granting this variance be consistent with the Growth Management Plan?
The Property is located in the Urban Coastal Fringe Subdistrict. The Future Land Use Element of
the Growth Management Plan provides that the purpose of the Urban Coastal Fringe Subdistrict
is to provide transitional densities between the Conservation designated area (primarily located
to the south of the Subdistrict) and the remainder of the Urban designated area (primarily located
to the north of the Subdistrict). The Subdistrict comprises those Urban areas south of US 41,
generally east of the City of Naples, and generally west of the Rural Fringe Mixed Use District
Neutral Lands, but excludes Section 13, Township 51 South, Range 26 East, and comprises
approximately 11,354 acres and 10% of the Urban Mixed Use District. The entire Subdistrict is
located seaward of the Coastal High Hazard Area Boundary. In order to facilitate hurricane
evacuation and to protect the adjacent environmentally sensitive Conservation designated area,
residential densities within the Subdistrict shall not exceed a maximum of 4 dwelling units per
acre, except as allowed in the Density Rating System to exceed 4 units per acre through
provision of Affordable Housing and Transfers of Development Rights, and except as allowed by
certain FLUE Policies under Objective 5, and except as provided in the Bayshore Gateway
Triangle Redevelopment Overlay. New rezones to permit mobile home development within this
Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit
Development.
The variance will not increase existing density nor will it permit a mobile home development or
result in a rezoning. Rather, it will solely serve the purpose of maintaining the status quo.
14296338 _2
17.C.3
Packet Pg. 1593 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COMPLETED
ADDRESSING CHECKLIST
17.C.3
Packet Pg. 1594 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Cott County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
ADDRESSING CHECKLIST
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division
at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by
Addressing personnel prior to pre-application meeting, please allow 3 days for processing.
Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section.
PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type)
111 BL (Blasting Permit)
El BD (Boat Dock Extension)
111 Carnival/Circus Permit
[I CU (Conditional Use)
El EXP (Excavation Permit)
El FP (Final Plat
r_j LLA (Lot Line Adjustment)
q PNC (Project Name Change)
q PPL (Plans & Plat Review)
IT] PSP (Preliminary Subdivision Plat)
1=1 PUD Rezone
q RZ (Standard Rezone)
q SDP (Site Development Plan)
111 SDPA (SDP Amendment)
q SDPI (Insubstantial Change to SDP)
q SIP (Site Improvement Plan)
q SIPI (Insubstantial Change to SIP)
q SNR (Street Name Change)
El SNC (Street Name Change — Unplatted)
El TDR (Transfer of Development Rights)
NA VA (Variance)
q VRP (Vegetation Removal Permit)
q VRSFP (Vegetation Removal & Site Fill Permit)
111 OTHER
LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) /4"--C4i—Z -5
ok- 3 ) ()(,k O ,A--vet_Von \—A,4-cc Uy\;3(--PE pal 102_
FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one)
721021-1-og0002
STREET ADDRESS or ADDRESSES (as applicable, if already assigned)
1+10+ AC Goa
• LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
• SURVEY (copy - needed only for unplatted properties)
CURRENT PROJECT NAME (if applicable)
PROPOSED PROJECT NAME (if applicable)
PROPOSED STREET NAMES (if applicable)
SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only)
SDP - or AR or PL #
Rev. 6/9/2017 Page 1 of 2
17.C.3
Packet Pg. 1595 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Colt County
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DEPARTMENT
www.colliergov.net
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252-2400 FAX (239) 252-5724
Project or development names proposed for, or already appearing in, condominium documents (if application;
indicate whether proposed or existing)
Please Return Approved Checklist By: VI Email
Applicant Name: S ".15k. le‘ C.? cAv j
Phone: 2 31. 33 g.9 2-i 3 Email/Fax:
11] Fax q Personally picked up
S" s tc-4--ov0 val,aw u-on
Signature on Addressing Checklist does not constitute Project and/or Street Name
approval and is subject to further review by the Operations Division.
FOR STAFF USE ONLY
Folio Number -a-Z---(4" q- O 43 CD C)
Folio Number
Folio Number
Folio Number
Folio Number
Folio Number
Approved by: /6.--kt_ /11 --d)C a- rY1 Date: `i` • / 9 _
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
Rev. 6/9/2017 Page 2 of 2
17.C.3
Packet Pg. 1596 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
PROPERTY OWNERSHIP
DISCLOSURE FORM
17.C.3
Packet Pg. 1597 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 1 of 3
PROPERTY OWNERSHIP DISCLOSURE FORM
This is a required form with all land use petitions, except for Appeals and Zoning Verification
Letters.
Should any changes of ownership or changes in contracts for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Please complete the following, use additional sheets if necessary.
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
common, or joint tenancy, list all parties with an ownership interest as well as the
percentage of such interest:
Name and Address % of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each:
Name and Address % of Ownership
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest:
Name and Address % of Ownership
17.C.3
Packet Pg. 1598 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 2 of 3
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
general and/or limited partners:
Name and Address % of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the
officers, stockholders, beneficiaries, or partners:
Name and Address % of Ownership
Date of Contract: ___________
f. If any contingency clause or contract terms involve additional parties, list all individuals or
officers, if a corporation, partnership, or trust:
Name and Address
g. Date subject property acquired _______________
Leased: Term of lease ____________ years /months
If, Petitioner has option to buy, indicate the following:
17.C.3
Packet Pg. 1599 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104
www.colliergov.net (239) 252-2400 FAX: (239) 252-6358
Created 9/28/2017 Page 3 of 3
Date of option: _________________________
Date option terminates: __________________, or
Anticipated closing date: ________________
AFFIRM PROPERTY OWNERSHIP INFORMATION
Any petition required to have Property Ownership Disclosure, will not be accepted without this form.
Requirements for petition types are located on the associated application form. Any change in ownership whether
individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County
immediately if such change occurs prior to the petition’s final public hearing.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result
in the delay of processing this petition.
The completed application, all required submittal materials, and fees shall be submitted to:
Growth Management Department
ATTN: Business Center
2800 North Horseshoe Drive
Naples, FL 34104
____________________________________________ ____________
Agent/Owner Signature Date
____________________________________________
Agent/Owner Name (please print)
17.C.3
Packet Pg. 1600 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
SURVEY
17.C.3
Packet Pg. 1601 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
Premises:
PHONE: 866.772.8813 info@truelinetech.com
www.truelinetech.com
Page 1 of 3 in order 129081
File number: 1760319-07249
Completed: 8/7/2019
Surveyed: 8/6/2019
Client: SUNBELT TITLE AGENCY - NAPLES
Lender: ENVOY MORTGAGE LTD. ISAOA. ATIMA
Buyer: LUIS FELIPE BARAHONA ,
Seller: EUGENE B. JONES AND CASTULA L. JONES
4704 ACADIA LN, NAPLES, FLORIDA 34112 COLLIER
www.210surveying.com | 200 South Hanley Rd. Suite 1030 | Clayton, MO | t 314.721.9500 | f 314.721.9501
SUNBELT TITLE AGENCY, ENVOY MORTGAGE LTD. ISAOA. ATIMA, LUIS FELIPE BARAHONA , , TITLE RESOURCES GUARANTY
COMPANY
CERTIFIED TO:
(rev.0 8/7/2019) (rev.0 8/7/2019)
TRUELINE TECHNOLOGIES LLC: THE FOLLOWING PRODUCT HAS BEEN COMPLETED BY THE STATE LICENSED LAND SURVEYING FIRM AS INDICATED ON THE FOLLOWING PAGE. TRUELINE
TECHNOLOGIES LLC PROVIDES THE DIGITAL TRANSMISSION AND ARCHIVING OF THE PRODUCT, AND IS NOT INVOLVED IN ANY FACET OF THE TECHNICAL FIELD WORK PERFORMED AND MAKES
NO WARRANTIES AS TO THE ACCURACY OF SUCH WORK. ALL TRANSMISSIONS OF THE PRODUCT ARE VIA A SECURE 'SHA-1' SECURE HASH MESSAGE DIGEST AUTHENTICATION CODE WITHIN ITS
SIGNATURE FILE. A MANUALLY SIGNED AND SEALED LOG OF THIS SURVEY'S SIGNATURE FILE IS KEPT ON FILE AT THE PERFORMING SURVEYORS OFFICE.
PRINTING PROCEDURES: BECAUSE THIS FILE HAS BEEN SENT ELECTRONICALLY, IT IS IMPERATIVE THAT THE PRINT SETTINGS BE CORRECT IN ORDER TO DEPICT AN ACCURATE
REPRESENTATION OF THIS DOCUMENT ON PAPER. INSTRUCTIONS: WHILE VIEWING THE PRODUCT IN ADOBE READER, SELECT PRINT UNDER THE FILE TAB. SELECT COLOR PRINTER. UNDER
PRINT RANGE - SELECT ALL. UNDER PAGE HANDLING, SELECT NONE FOR PAGE SCALING AND UNCHECK AUTO ROTATE AND CENTER. CHOOSE PAPER SOURCE BY PDF SIZE. CLICK PRINT.
17.C.3
Packet Pg. 1602 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
POINTS OF INTEREST:DRIVEWAY CROSSES LOT LINES.
Property Address:
MAP OF BOUNDARY SURVEY
4704 ACADIA LN
NAPLES, FL 34112
15271 NW 60 AVE, Suite 206
Miami Lakes, FL 33014
www.OnlineLandSurveyors.Com
SURVEYOR'S CERTIFICATION : I HEREBY CERTIFY THAT THIS “BOUNDARY SURVEY” IS A TRUE
AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION. THIS
COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE STATE OF
FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPER IN CHAPTER 5J-17.051, FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
SIGNED _________________________ FOR THE FIRM
NOT VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED
ELECTRONIC SEAL AND/OR THIS MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A LICENSE SURVEYOR AND MAPPER.
MIGUEL ESPINOSA
STATE OF FLORIDA P.S.M. No. 5101
Survey Code:Page 1 of 2 Not valid without all pages.O-541968/7/2019Survey Date:
17.C.3
Packet Pg. 1603 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
LEGAL DESCRIPTION PROVIDED BY OTHERS.
EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO
DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING PROPERTY.
THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENT OR
OTHER RECORDED ENCUMBERANCES NOT SHOWN ON THE PLAT.
THE PURPOSE OF THIS SURVEY IS FOR USE IN OBTAINING TITLE INSURANCE
AND FINANCING AND SHOULD NOT BE USED FOR CONSTRUCTION, PERMITTING
DESIGN, OR ANY OTHER PURPOSE WITHOUT THE WRITTEN CONSENT OF
ONLINE LAND SURVEYORS INC.
UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER
IMPROVEMENTS WERE NOT LOCATED.
ONLY VISIBLE AND ABOVE GROUND ENCROACHMENTS LOCATED.
FENCE OWNERSHIP NOT DETERMINED.
WALL TIES ARE TO THE FACE OF THE WALL.
BEARINGS ARE BASE ON AN ASSUMED MERIDIAN.
BOUNDARY SURVEY MEANS A DRAWING AND/OR GRAPHIC REPRESENTATION
OF THE SURVEY WORK PERFORMED IN THE FIELD, COULD BE DRAWN AT A
SHOWN SCALE AND/OR NOT TO SCALE.
NO IDENTIFICATION FOUND ON PROPERTY CORNERS UNLESS NOTED.
NOT VALID UNLESS SEALED WITH THE SIGNING SURVEYORS EMBOSSED OR
ELECTRONIC SEAL.
DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN.
ELEVATIONS IF SHOWN ARE BASED UPON N.G.V.D. 1929 UNLESS OTHERWISE
NOTED.
THIS IS A BOUNDARY SURVEY UNLESS OTHERWISE NOTED.
THIS BOUNDARY SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF
THE ENTITIES NAMED HEREON, THE CERTIFICATIONS DO NOT EXTEND TO ANY
UNNAMED PARTIES.
GENERAL NOTES:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
COLLIER COUNTY UNIC 120067
12021C0582H
H
5/16/2012
AH
7.0
8/7/2019Date of Survey:
Base Flood Elevation:
Flood Zone:
Date of Firm Index:
Suffix:
Panel Number:
Community Number:
FLOOD INFORMATION:
LOTS 3, BLOCK 6, OF AVALON ESTATES, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
15271 NW 60 AVE, Suite 206
Miami Lakes, FL 33014
Phone: (305) 910-0123
Fax: (305) 675-0999
www.OnlineLandSurveyors.Com
LEGAL DESCRIPTION:
PROPERTY FRONT VIEWLOCATION MAP N.T.S.
DRAWN BY:
FIELD WORK:
FINAL REVISION:
COMPLETED:
SCALE:
SURVEY CODE:
N.B.
1' = 20"
8/7/2019
08/07/2019
8/6/2019
O-54196 LB# 7904
M.E.CHECKED BY:
Survey Code:Page 2 of 2 Not valid without all pages.O-541968/7/2019Survey Date:
17.C.3
Packet Pg. 1604 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
AFFIDAVITS OF AUTHORIZATION
17.C.3
Packet Pg. 1605 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
t, Castula L. Joues , (Print name)' ast, Castula. LrJoues , UJlltrt rrarlrrt" oo ear or affirm
:X5i*jil,ll ipu'ft''*Lr[*land that:
AFFIDAV]T OF AUTHORIZATION
FOR PEflTloN NulrrBERStS) PL20190001940 '
{title, if
unber oath, that I am the (
Under penalties of parjury, I declare that I
the facts stated in it are true.
have read the foregoing Affidavit of Authorization and that
Theforegoingin*trumentwassR,omto{oraffirmed}andsubscribedbeforemeon
who is personally known to me or vuho has produced
(type of identification) as identification.
$TAI'F'$EAL
c}\0s-coa-s{lrlS\155
REV 3/?411{
l.lhavefullauthoritytosecuretheapprovalis}requestedandtoimposecovenantsandrestridiongon
the referanced propefi "* " ,*uuti of any action ,ppt**u ny the county in accordance with this
ipplication and ihe Land Development Code;
2. A* answers to the questions i- i[i, "ppGthn
and any sketche*, !.rt10r other *upprementary matter
attached hereto and made u p"* otthis application_ are honest and true;
3. I have authorized the staff "r
conieicou'irty toenter upon int property {yttng normal working hours
for the purpose of investigating anJ**luating the requlst maoe trioudh this application: and that
4. The property wnt be tr"n"r*rilI -;;;t#, soru'oi-subdivioeo sluuiect to tre conditions and
restri&ions iirposed by the approved action'
5. We/l authori,e sArah E. spsctsf. E!g., -. : :: .,= , - to act as our/my representative
in any mattlis @tuOing 1 through 2 above'
'Nofes;, lf m, appllcant is a corparatian, then ftis usually execuled ly tl' cetp' pres' orv' pres'
t tf tha appticant is a Limited Liabitity Cr;;;;;W-9i-?ly**a ioipanv tL'c')' then tha dacuments shautd
typicalty be signed by tho Oompany's "M?naging Memoer'-
t tf the applicant is a partnersfiip, tnan Vpiiaii a'pa'tne"ao sign an bahatf af th* partnerabip'
o rf the appticant is a rimfted partnership, iiin in* ganerat partner musf orgn aN be identified as fia "ge*eral
partnef af the named partnerstrp. ^^-! th,^,,,ay;ta uot tf tho applicant ts, frdt lhten theyrnusf include ffie frusfeeb name and tha words "as frusfee"'
. ln each lnstanc*, first determine tne app'icinr'* "t"t'*' e'g" individual' carparate' trust' partnership' and then
use the appropiate format farthat ownershrp'
5w }.rrx<*sp 1/E\ ..
Signature of Notary Public
17.C.3
Packet Pg. 1606 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
€&LEF@ME€g& JUM&?' WE?ffi AFFEAffiS SSAY€ffi€&ET G0VERNMENT'oODE S 8202
g66e Attached Document (Notary to cross out lines 1-6 below)f See Statement Below (Lines 1-6 to be completed only by document signer[s], nof Noiary)
Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed and sworn to (or affirmed)before me
County of i;r' ltr*i Srnu.{en
J. L. GONZALEZ
Notary Pubiic - California
Los Angeles Countu
Commission #22i01'9s
99.!. !],pi,., Aus 14, 202.1
(and (2)
--
),
Name(slof Signer@l
proved to me on the basis of satisfactory evidence
to be the person{s} who appeared before me.
Signature
Sea/
Place Notary Seal Above
APTIONAL
Though this section is.optional, completing this information can deter alteration of the document or
fraudulent realtachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document;Document Date:
Number of Pages: I Signer(s) Other Than Named Above:
@2A14 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5910
on this ttr{?} day of $tkwrn iri20{t
by Date Month
ll r\ -trt {-l\:rrfu* L lcr'..,t,t
Signature of Document Signer No. 1
H
-:*f
17.C.3
Packet Pg. 1607 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
AFFIDAVIT OF AUTHORIZATION
FOR pETtrmil f{uMBeRS{S} PL?0190001940 ,, ,- ,
{title, ifl, Eusene B. Jqnes - {Print narnei, as @It'rtn*applicable) of .. . . _ (cornpany, ltipPluauer, I
under oath, that I am purchaierl-land that:
1. I have full authority to $esure the approval(s) requested and to impose covertants and restrictions on
the referenced priperty as a resuft'of any action approved by the County in accordance with this
application and the Land Bevelopment Code;
Z. Ail'ansvrrers to the questions in this application and any sketches, data or other supplementary matter
attached hereio and made a part of this application are honest and true;g. I have authorieed the staff oi Coltier County to enter upon the property during nsrmal working hours
forthe purpose of investigating and evaluating the requeot made through this application; and that
4. The piopi*y will be trinsfened, conveyed, sold or subdivided subject to the ccnditions and
,ln,/rY/lb/7
restrictions imposed by the approved action.
5. Well authorize Sarah E. Speclor. Esq,to act as our/my representative
in any matters regarding this petition including 1 through 2 above'
*Nofss;
, lf the epplicanf is a corporatian, then it is usually execufed by the corp. pms. or v. prss.
. lf tha appticant is a Limited Liabiltty Campany {L.L.C.) ar Limited Company (L.C.), then tha documsnts should
typically be signed by th* Campany's "Managing Mem$er"t lf the applleant is a partnership, then typical{y a pafinar can slgn on behalf af the partnership.
e tf the applicant is a timited partnership, then the general partn$ musf sign afld be idantified a* the "ge*eral
partnef of the named partnership.
t lf the appfibanf is a frusf, then they must include lie frusfee's name aN fhe words 'as fru$fee".
c ln each insfgnce, frrst determine the applicant's sfafug e.9., indMdual, wtparate, tru*t, partner$hip, and then
uss ffre apprcpdate farmat farthat wtnership.
Under penalties of perjury, I declare that I have read the foregoing Aftidavit of Authorization and that
the facts stated in
The foregoing instrument was swom to (or afiinned) and sub$cribed before me on (date) by
(name of person providing oath or affirmation), as
who is perconally known to me or who has produced
{type ol identification) as identification.
STAiiP/8EAL
cn0r{on*0I15\155
SSVvAlU
€ee: *tllc0t*C;g zrlA
17.C.3
Packet Pg. 1608 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
@&LEF@RffiEA dUMA? WE?ffi AFFEAruS S?'A?EffiEruY GOVERNft#ENT' CCIDE S 82C2
*6"Attached Document (Notary to cross out lines 1-6 below)
tr See Statement Below (Lines 1-6 to be completed only by document signer[s], nof Notary)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed and sworn
on this i(f't day of
to (or affirmed) before me
fiahr,o.20 15 ,
Year
County of (pS A.r-t6.dr*
by Date Month
nl UUkrMe 'f:. ..Jootery
(and (2) ),
Name(pfof Signe(s)-
proved to me on the basis of satisfactory evidence
to be the person(ef who appeared before me.
Signaiure
Seal Above
APTiANAL
Though this section optional, completing this information can deter alteration of the document or
reattachment of this form to an unintended document.
Description o'f ,
Title or Type of *trAia+Vif er- forf+Cnitanttl Document Date:ro ld-/tt
Numberof Pages: /Signe(s) Other Than Named Above:
J, L.GONZALEZ
Notary fublic - California
_ Los A4geles Countv
LommisSion # 22l0l95
My comm. Eipires eiirii'zozt
Sea/
Document
@2014 Natlonal Notary " www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #59'10
Signature of Document Signer No. 2 (if any)
17.C.3
Packet Pg. 1609 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
DEED
17.C.3
Packet Pg. 1610 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
0 I 2 4 I 9 I 1
COLLIER COUNTY
I988 DEC 30 PH 6: 2I
RECORDED
RFC
PRAA
DOG
.;
0
CC
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0wc, D
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< Z Et' z 7.1 o w
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En W
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01
airantg ighetiti
svo • an
THIS INDENTURE, Made this kit/ day of December, 1988 BETWEEN
GEORGIA CHILDERS
of the County of Colllier,State of Florida, Grantor and
EUGENE B. JONES and CASTULA L. JONES, husband and wife as an estate
by the entireties
whose post office address is 1336 Longwood Ave.,Los Angeles, CA 90019
of the County of Los Angeles, State of California, Grantee
WITNESSETH, That said grantor, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to
said grantor in hand paid by said grantee, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
grantee, and grantee's heirs and assigns forever, the following
described land, situate, lying and being in Collier County, to-wit:
Lots 3 and 4, Block 6, AVALON ESTATES, Unit
No. 1 according to the plat thereof recorded in
Plat Book 3, Page 62 of the Public Records of
Collier County, Florida
The Property I.D. Numbers are 22624 624120001.
Grantee's Social Security Number is
GRANTOR WARRANTS THE SUBJECT PROPERTY IS NON-HOMESTEAD AND THAT HER
LEGAL ADDRESS IS:3961 Lotus Drive, Naples, FL 33962
Subject to easements and restrictions common to the subdivision and
ad valorem taxes for the year 1988 and subsequent years.
and said Grantor does ti.erebY fully warrant the title to said land
and will defend the same a•ainst the lawful claims of all persons
whomsoever.
"Grantor" and "Gran e
requires.
IN WITNESS WHEREOF, Grantor
the day and year first above
Signed,
W
sealed and del*-06,r d
tness #2
STATE OF FLORIDA
COUNTY OF COLLIER
as hereunt
written.
in our pre
GY
I HEREBY CERTIFY that on this day before me an
qualified to take acknowledgments, personally appeared
GOERGIA CHILDERS
to me well known to be the person described in and who executed the
foregoing instrument and acknowledged before me that she executed
the same.
Witness my hand and official seal in the County and State last
aforesaid this
$
CD
03
CD
O
'1011
G,
r or plural, as context PI
rantor's hand and seal
GEORGIA CHILDERS
__Docurnintary damp Tax
"C"
../977..Persc,na; Property -lax
COURTS
56 day of December, 1988
• .
SEAL)•
I am a Natarx Public of the
State of tAtt, .and: my
commission exp.j.res:...3a410
• .'
r.
Law Of12.ce f.-!mt•
900 Si Atil
Haples, FL 33940
L Lir!!
officer duly
Notary Public
WARY PORLIC STAV: Pr F107!IPA
PY
• ft ...EPLL .
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COLLIER COUNTY. FLUrIDA
17.C.3
Packet Pg. 1611 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
COMMENT LETTER #1
17.C.3
Packet Pg. 1612 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 02, 2019
Sarah E. Spector, Esq.
Roetzel & Andress, LPA, Trianon Center - Third Floor
850 Park Shore Drive
Naples, FL 34103
EMAIL - sspector@ralaw.com
RE: Variance (VA)
PL20190001940
4704 Acadia LN
Dear Applicant:
The following comments are provided to you regarding the above referenced project. If you have
questions, please contact the appropriate staff member who conducted the review. The project
will retain a "HOLD" status until all comments are satisfied.
The following comments need to be addressed as noted:
Rejected Review: Zoning Review
Reviewed By: John Kelly
Email: john.kelly@colliercountyfl.gov Phone #: (239) 252-5719
Correction Comment 1:
Please clarify the requested roof overhang (front) deviation. The Survey depicts a front roof
overhang of 3.5 feet and the narrative request states 3.6 feet. If 3.5 feet is correct, the requested
variance should be .5 feet and the % difference would be in error. Additionally, the LDC allows
for a 3-foot encroachment into a required yard; as the residence encroached 0.01 feet into the
front yard this measure needs to be added to the roof overhang request as well for a total roof
overhang encroachment of 0.51 feet.
Rejected Review: County Attorney Review
Reviewed By: Sally Ashkar
Email: Sally.Ashkar@colliercountyfl.gov Phone #: (239) 252-8400
Correction Comment 1:
Miscellaneous Corrections: Provide the measurement from the shed/concrete pad to the property
line on your survey. If it encroaches into the 7.5 ft setback, that will require a variance as well.
Correction Comment 2:
Miscellaneous Corrections: There are some inconsistencies b/w your narrative and the survey.
The survey says the roof overhang is 3.5, while your narrative says 3.6. Survey says rear
17.C.3
Packet Pg. 1613 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
encroachment is 14.71 while your narrative says 14.61. Please correct whichever document is
incorrect.
Correction Comment 3:
Miscellaneous Corrections: You request a variance of .4 for the overhang on your narrative, but
the difference between the required and and existing encroachment is .6. Please clarify your
request.
Correction Comment 4:
Miscellaneous Corrections: Please also provide the height of the concrete pad from grade.
Depending on the height, it may also require a variance per my comment #1.
The following comments are informational and/or may include stipulations:
1.Additional comments or stipulations may be forthcoming once a sufficient application has
been submitted for review. This correspondence should not be construed as a position of
support or non-support for any issues within the petition. Staff will analyze the petition and
the recommendation will be contained in the staff report prepared for the Collier County
Planning Commission(CCPC) or Hearing Examiner(Hex).
2.Please be advised that pursuant to the LDC, an application can be considered closed if there
has been no activity on the application for a period of six (6) months. That six months period
will be calculated from the date of this letter.
3.Please ensure that all members of your review team that may testify before the Hex/CCPC
and the Board of County Commissioners (BCC) are registered as lobbyists with the county
pursuant to the regulations regarding that issue.
4.When addressing review comments, please provide a cover letter outlining your response to
each comment. Include a response to all comments.
5.Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD
document should include a footer that reflects the project name, petition number, date and
page X of Y for the entire document. Documents without this information will be rejected.
6.A partial resubmittal cannot be accepted; please do not resubmit until you can respond to
ALL review comments.
7.Public hearings cannot be held until the Neighborhood Information criteria has been met. In
some petition types a Neighborhood Information Meeting (NIM) must be held while other
petition types only require the agent to send a letter. All letters and ads must be
pre-approved by the county planner. For additional information about the process please
contact me. Please note that the NIM must be held at least 15 days prior to the first hearing.
As you prepare for that meeting, please be aware of the following items:
17.C.3
Packet Pg. 1614 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
a.Please provide the required affidavit and its attachments prior to the meeting (in
compliance with the LDC); and
b.Please post signs to direct attendees to the exact meeting location; and
c.Please ensure that there is sound amplification equipment available and working for this
meeting. If there is no permanent equipment, please bring a tested/working portable
microphone; and
d.You must provide a written synopsis of the meeting that includes a list of all
questions and answers as well as providing the audio/video tape; and
e.Please prepare documents for hand out to all NIM attendees and the public hearing file,
that show the differences in the uses that would be allowed in the existing and proposed
zoning districts. This request is based upon recent CCPC direction.
8.Note the adopted fee schedule requires payment of additional fees for petitions that require
more than four resubmittals; please contact the appropriate staff and resolve issues to avoid
this fee.
9.If you would like to discuss the review comments, require clarification and/or wish to
identify agree-to-disagree issues, please set up a post-review meeting through the Zoning
Operations Section. Post-review meetings are offered on Friday morning and include all
rejecting reviewers. Please, contact Zoning Operations Manager, Camden Smith at 252-1042
or by emailing her at Camden.smith@colliercountyfl.gov.
If you have any questions, please contact me at (239) 252-5719.
Sincerely,
John Kelly
Senior Planner
Growth Management Department
17.C.3
Packet Pg. 1615 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
RESPONSE TO
COMMENT LETTER #1
17.C.3
Packet Pg. 1616 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 13, 2019
VIA CITYVIEW PORTAL ONLY
Collier County Planning Services
Growth Management Department
Re:Variance Petition Application (PL20190001940)/4704 Acadia Lane, Naples, FL 34112
Dear Ladies and Gentlemen:
Please accept this letter in response to the County’s December 1, 2019 Review Comment Letter
on the above-referenced Variance Petition Application. The responses to each of the Correction
Comments can be found immediately below the corresponding comment in italics.
Rejected Review: Zoning Review
Reviewed By: John Kelly
Email: john.kelly@colliercountyfl.gov Phone #: (239) 252-5719
Correction Comment 1:
Please clarify the requested roof overhang (front) deviation. The Survey depicts a front roof
overhang of 3.5 feet and the narrative request states 3.6 feet. If 3.5 feet is correct, the requested
variance should be .5 feet and the % difference would be in error. Additionally, the LDC allows
for a 3-foot encroachment into a required yard; as the residence encroached 0.01 feet into the front
yard this measure needs to be added to the roof overhang request as well for a total roof overhang
encroachment of 0.51 feet.
The overhang encroaches into the overhang setback by .51 feet, which is a 17% variance from the
allowed 3-foot overhang (front) setback. The Cover Letter and Project Narrative have been revised
accordingly and are submitted with this response letter.
Rejected Review: County Attorney Review
Reviewed By: Sally Ashkar
Email: Sally.Ashkar@colliercountyfl.gov Phone #: (239) 252-8400
Correction Comment 1:
Miscellaneous Corrections: Provide the measurement from the shed/concrete pad to the property
line on your survey. If it encroaches into the 7.5 ft setback, that will require a variance as well.
17.C.3
Packet Pg. 1617 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 13, 2019
Page 2
The shed is being removed in its entirety. Once removed, there will be no encroachment into the
side setback.
Correction Comment 2:
Miscellaneous Corrections: There are some inconsistencies b/w your narrative and the survey. The
survey says the roof overhang is 3.5, while your narrative says 3.6. Survey says rear encroachment
is 14.71 while your narrative says 14.61. Please correct whichever document is incorrect.
The rear of the home is, at the most, 14.71 feet from the property line. The survey shows that the
northwestern corner of the home is only 14.61 feet from the property line. The point closest to the
property line was used for purposes of requesting the variance.
Correction Comment 3:
Miscellaneous Corrections: You request a variance of .4 for the overhang on your narrative, but
the difference between the required and existing encroachment is .6. Please clarify your request.
As noted above, the request has been revised to request a variance of .51 feet from the required 3-
foot overhang (front) setback.
Correction Comment 4:
Miscellaneous Corrections: Please also provide the height of the concrete pad from grade.
Depending on the height, it may also require a variance per my comment #1.
Staff has confirmed that setbacks are determined using yard requirements. As per the definition of
“Yard” contained within LDC Section 1.08.02, yard requirements only apply to structures from
30 inches above the ground level and upward excluding fences and walls. The slab is less than 30
inches tall and, as such, no variance is needed.
Should you have any additional questions following your review of the foregoing, please let me
know.
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481158 _1
17.C.3
Packet Pg. 1618 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
PROPERTY OWNER ADVISORY
LETTER AND CERTIFICATION
17.C.3
Packet Pg. 1619 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
AFFIDAVIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 2004-72, of the Collier County Land Development Code,
I did give notice by mail at least 30 days after receipt of letter indicating that the application is
sufficient to the following property owners and or condominium and civic associations whose
members may be impacted by the proposed land use changes of an application request for a
variance or parking exemption. For the purposes of this requirement, the names and addresses of
property owners shall be deemed those appearing on the latest tax rolls of Collier County and any
other persons or entities who have made a formal request of the county to be notified. The said
notice contained the laymen's description of the site property of proposed change.
Per attached letters and or property owner's list, which are hereby made a part of this
Affidavit of Compliance.
(Signature of Appli4nt)
State of Florida
County of Lee
The foregoing Affidavit of compliance was acknowledged before me this 26th day of December,
2019 by Sarah E. Spector, who is ersonally know to me or who has produced
as identification.
(Signature of Nota y Public)
ria4.X
h ohe
rinted Name of Notary
a'
Notary Public State of Florida
: Erin A Schlake
My Commission GG 309668
Expires 03/10/2023
(Notary Seal)
17.C.3
Packet Pg. 1620 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
1
Notice: This data belongs to the Collier County Property Appraisers Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as
other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.
Petition: PL20190001940
NAME1
AVILA, NESTOR
CARMONA, ABEL & ALICIA
CHERENFANT, JESPERE & AMONISE
DAIDONE, GRAZIA A
GUAJARDO, RICARDO
GUILLEN, VIRIA
GUTIERREZ, MARIA
GUTIERREZ, MARIA
JONES, EUGENE B & CASTULA L
JONES, EUGENE B & CASTULA L
LOOFBORO, DOROTHY M
MURPHY, PHILIP EDWARD
NORD, MERILIA J
PETIT-BIEN, LEMANE & SIMONE
RADCLIFFE, JACOB HUNT
SALOMON, EXCELLENT F
VARGAS, JEANNETTE
Buffer: 150' Date: 12/5/2019
NAM E2
4607 ACADIA LN
4609 ACADIA LN
4701 DOMINION DR
3301 S COCONUT ISLAND DR #101
HOLLI STRICKHORN
4620 ACADIA LN
13319 THOMASSON DRIV ,,,t
3319 THOMASSON DR r
1336 LONGBOAT AVE '. ;
1336 S LONGWOOD AVE04C?)
4605 ACADIA LN ' <701
JEAN RUTH MURP i <74,k\....
4711 ACADIA LN ,
4609 DOMINION DR \'20-,,,
CHASTITY DIANN RAW.
ROSELINE C SALOMON '
AIDA CEPEDA
Site Location: 22624080002
NAME3
4607 DOMINION DR
-0 /
4934 CORTEZ CIR
• 4425 18TH PL SW
4616 ACADIA LANE
OMASSON DR
NAME4 NAME5 NAME6 FOLIO
NAPLES, FL 34112---6603 22623920008
NAPLES, FL 34112---6603 22623960000
NAPLES, FL 34112---6613 22624680004
BONITA SPRINGS, FL 34134---0 22624720003
NAPLES, FL 34112---6611 22624560001
NAPLES, FL 34112---0 22624160003
NAPLES, FL 34112---0 22624040107
NAPLES, FL 34112---6637 22624040000
LOS ANGELES, CA 90019---0 22624120001
LOS ANGELES, CA 90019---2956 22624080002
NAPLES, FL 34112---6603 22623880009
NAPLES, FL 34112---0 22624000008
NAPLES, FL 34112---6631 22623970100
NAPLES, FL 34112---6611 22624600000
NAPLES, FL 34112---0 22624640002
NAPLES, FL 34116---5919 22623970003
NAPLES, FL 34112---0 22624200002
POList_150_PL20190001940.xIs
17.C.3
Packet Pg. 1621 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
NESTOR AVILA
4607 ACADIA LN
NAPLES, FL 34112---6603
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1622 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1623 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
ABEL & ALICIA CARMONA
4609 ACADIA LN
NAPLES, FL 34112---6603
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1624 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1625 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
JESPERE & AMONISE CHERENFANT
4701 DOMINION DR
NAPLES, FL 34112---6613
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1626 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1627 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
GRAZIA A DAIDONE
3301 S COCONUT ISLAND DR #101
BONITA SPRINGS, FL 34134---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1628 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1629 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
RICARDO GUAJARDO
HOLLI STRICKHORN
4607 DOMINION DR
NAPLES, FL 34112---6611
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front)3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1630 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1631 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
VIRIA GUILLEN
4620 ACADIA LN
NAPLES, FL 34112---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1632 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1633 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
MARIA GUTIERREZ
13319 THOMASSON DRIVE
NAPLES, FL 34112---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1634 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1635 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
MARIA GUTIERREZ
3319 THOMASSON DR
NAPLES, FL 34112---6637
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1636 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1637 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
EUGENE B & CASTULA L JONES
1336 LONGBOAT AVE
LOS ANGELES, CA 90019---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1638 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1639 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
EUGENE B & CASTULA L JONES
1336 S LONGWOOD AVE
LOS ANGELES, CA 90019---2956
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1640 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1641 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
DOROTHY M LOOFBORO
4605 ACADIA LN
NAPLES, FL 34112---6603
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1642 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1643 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
PHILIP EDWARD MURPHY
JEAN RUTH MURPHY
3411 THOMASSON DR
NAPLES, FL 34112---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front)3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1644 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1645 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
MERILIA J NORD
4711 ACADIA LN
NAPLES, FL 34112---6631
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1646 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1647 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
LEMANE & SIMONE PETIT-BIEN
4609 DOMINION DR
NAPLES, FL 34112---6611
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front) 3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1648 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1649 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
JACOB HUNT RADCLIFFE
CHASTITY DIANN RADCLIFFE
4934 CORTEZ CIR
NAPLES, FL 34112---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front)3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1650 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1651 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
EXCELLENT F SALOMON
ROSELINE C SALOMON
4425 18TH PL SW
NAPLES, FL 34116---5919
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front)3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1652 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1653 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
ROETZEL
ROETZEL 8 ANDRESS. A LEGAL PROFESSIONAL ASSOCIATION
Practical Advice. Real Solutions.
That's the Roetzel way. ralaw.com
2320 First Street, Suite 1000
Fort Myers, FL 33901
Direct Dial 239.338.4213
PHONE 239.337.3850 FAX 239.337.0970
sspector@ralaw.com
WWW.RALAW.COM
December 23, 2019
VIA FIRST CLASS MAIL
JEANNETTE VARGAS
AIDA CEPEDA
4616 ACADIA LANE
NAPLES, FL 34112---0
Re: 4704 Acadia Lane Setback Variance Request (VA-PL20190001940)
Dear Property Owner:
Please be advised that this Firm has made a formal application to Collier County for a variance
from the requirements of the zoning regulations as they apply to the property located at 4704
Acadia Lane, Naples, FL 34112, which is located approximately one hundred and eighty five feet
(185’) from the intersection of Thomasson Drive and Acadia Lane on the west side of Acadia Lane
(the “Property”). It is our intent to ask the County to approve the following variances for the
aforementioned property:
Required Existing Variance Requested
Front 25’24.99’ (maximum).01’
Overhang (front)3’ (into yard)3.51’.51’
Rear 20’14.61’ (maximum)5.39’
The existing residence was initially permitted and constructed in 1963. The current property
owners (the “Applicants”) purchased the subject property on December 30, 1988, in its present
condition and only learned of the aforementioned setback concerns during the due diligence phase
of a sales negotiation. The applicants are seeking the variances necessary to bring the Property into
compliance with the Collier County Land Development Code (the “LDC”).
If after reviewing the foregoing you have any additional questions regarding the request, please
feel free to contact me via telephone (239.338.4213) or e-mail (sspector@ralaw.com) for further
information.
17.C.3
Packet Pg. 1654 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
December 23, 2019
Page 2
Very truly yours,
ROETZEL & ANDRESS, LPA
Sarah E. Spector
14481109 _2
17.C.3
Packet Pg. 1655 Attachment: Attachment C - Application and Back up materials (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.4
Packet Pg. 1656 Attachment: Attachment D - Resolution (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.4
Packet Pg. 1657 Attachment: Attachment D - Resolution (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.4
Packet Pg. 1658 Attachment: Attachment D - Resolution (11807 : VA PL20190001940 4704 Acadia Lane variance)
17.C.4
Packet Pg. 1659 Attachment: Attachment D - Resolution (11807 : VA PL20190001940 4704 Acadia Lane variance)
x*rlxs!**€r*"{**.* *!+'af,.**s*,&Y, l"rg*a* 4, ?$tS * tst
f**TK* Sr FUSIK t*E*ff*its
Notice is herebY qiven that a
oublic hearinq will be held bY
ihe collier founty Board of
Counw Commissiohers, as the
Board'of Zoning APPeals, on
March 24,2.020; in the Boardof Countv Commissioners
Mefiinq Rbom, Third Floor.
Cotlier - Government Center,
33*g €art Tamiami Trail. H*'
oies Ft., the Board of CountY
fommirsioners (BCC) will con'
sider the enactment of a
Countv Besolution. The rneet'
ino witt commence at 9:ffi
4"64. rhe title of the propo*ed
he**lu$a* is as follows:
iiA *SLUTION OF THT
ESA** SF ZQNING AFFE&15*F {A SIES CCIUNTY. FLSXIJ
DA" REISNNG TO PETITIOH
iluMsER VA-P120190001940,r** A s,*nlN-tcg FRoM 5t{-
n*:'t *.*I.01.A., TABLE 2.1 $r
T'**' E$LU'ER CCUNTY L&$S
tr*,*T$FMENT CODE TO *f-
DUff THE MINIMUM FROHT
YA** s€TEJ\CK FROM 35 TSSTT* T*.*T FEEI, AND TQ Eg-
DUCE THE MINIMUM REAR?i** s*ii"eecr FRoM ?o rE€T":* t*Sr FEET FOR AH EXI$T-
IT{* *I*SLE FAMILY -HSMT-
*s* & VARIAHCE FRSM s*tTl*X 4,{'}.01.D.8 QF T}*Xt*a} $I\TELOPMEN-r C*-st
FG t!*{E€ASE rHE MA}ill$$tl'A*:ffi*gLE ROOF X-x*i6 $*sM 3 FEET T0 *.$!
*gsr- TltE PR0PIRYY 15 SE-
s{*Isr* A5 LOT 3. BLSCK *.
AYeL*i:t ISTATE! UNIT t'l$. t.
eL$$ *xscRtseo As 4?*4
*{&*l& IANL lN SECfiON t}'
Tcltfr$HIP 50 $*UTH, RSS${
35,'f$$r, {*rut* c*u$rY..l$$*& {Fu*;ffiI***}
A cryy of the propqced Rer'o-
h, ion ts on fil€ wfth *ro Ocrk
to the Board and is avaitablefor inspection. All interested
panies are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be aS
dr€6s€d, - lndividual speakcnwill be limited to 3 ininrrte{
on any item. The sele'ction of
any individual to speak on bc-
hs$f of an orgairization orgroup is encourbged. lf rec-og{ied by th-e Chairman, a
spkeapercon for a group or
oganization may be allottedl[ minutes to ipeak' on an
item.
Fersm wkhing to have writ-t*n or oraohii materials in-
ctud€d i"n itre Board agada
psckets must submit sar'-d ms-
ierial a minimum of 3 wtekr
prior to the respective publk
he*ring. ln any cas€, written
mattrials intended to be con-
r$sred by the Board shall be
suhniUed to the appropriat*
County staff a minimum of
r*ven days prior to the public
hearino. All materials used inpreseniations before the
Baard will become a perma-
nent part of the record. '
Any pemon who decides to
appeal any decision of the
Board will need a record ofthe proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedingrs
is made,. which record inclu&cthe testimony and evidenceupon which the appeal is
based.
lf you are a pellon with a dis'
abilitv who netds anY accfitl-
modrition in order to partici-
pate in this proceeding, Youart entitled, at no cost to You,
to the provicion of <ertain es-
r#taflce'. Please contact tfie
Collkr Countv' Facilities Man-
.a€ment Divfsion, lmated st
3i35 Tamiami Trail East, Suit*
101, Naple+ FL 34112-5354
tr39) 2S2€:I80, at least tnro
dern on'or to the meetinq. ,q$dsH listenino devices for t*re
hearino impa'ired are availa-bk in-the'Boad of County
{cmmisidirer: Sffice,
E*rsB or touHnr coMt#t
BC&ID OF rcTffiG AFPEA'*
cotuER courlw, FtCIruDA
$u*T L. SuuDfRs, (}t***:
NJ*ASIT*ai*, :. ':
c*srALr. xll{xEuCfiYSTAL K. KIHZEL
CISR( OF,TUT clB'UTT CG}NT
& COMPTRCIIIER
G *ela
17.C.5
Packet Pg. 1660 Attachment: Legal Ad - Agenda ID 11807 (11807 : VA PL20190001940 4704 Acadia Lane variance)