HEX Final Decision 2021-09 HEX NO. 2021-09
HEARING EXAMINER DECISION
DATE OF HEARING.
February 11, 2021
PETITION.
PETITION NO. PL20200001732 VA - 689 35th Avenue NW - An after-the-fact variance
request from Section 4.02.01.A, Table 2.1, of the Collier County Land Development Code to
reduce the minimum side yard setback from 30 feet to 17.1 feet on the east side,and to 15.77
feet for a roof overhang, for an existing single family dwelling in the Estates (E) zoning
district located at 689 35th Avenue NW and further described as the West 180 feet of Tract
36, Golden Gate Estates Unit No. 37, in Section 16, Township 48 South, Range 27 East,
Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The single-family dwelling existing on this property was constructed on the wrong lot; it was
reviewed and permitted to be placed on the adjoining lot to the east which is legal nonconforming
due to lot width. As the subject lot is conforming, full side yard setbacks of 30-feet are required;
whereas the non-conforming lot enjoys reduced setbacks. The applicant has purchased the subject
property and seeks to bring the residence into compliance by means of this variance.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
Page 1 of 3
5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment. There were no objections at the public hearing.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 9.04.03. of
the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number VA-PL20200001732, filed by
Magdevys Rodriguez on behalf of Raymond Piedra, with respect to the property described as 689
35th Avenue NW, approximately 0.85 miles west of Wilson Boulevard, and is further described
as the West 180 feet of Tract 36, Golden Gate Estates Unit No. 37, in Section 16, Township 48
South, Range 27 East, Collier County, Florida, for the following:
• An after-the-fact variance request to reduce the minimum side yard setback from 30 feet
to 17.1 feet on the east side, and to 15.77 feet for a roof overhang, for an existing single
family dwelling in the Estates (E)zoning district.
Said changes are fully described in the Survey and Foundation Plan attached as Exhibit "A" and
are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A—Survey and Foundation Plan
LEGAL DESCRIPTION.
689 35th Avenue NW, approximately 0.85 miles west of Wilson Boulevard, and is further
described as the West 180 feet of Tract 36, Golden Gate Estates Unit No. 37, in Section 16,
Township 48 South, Range 27 East, Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 2 of 3
DISCLAIMER.
Pursuant to Section 125.022(5)F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
X.2,Z,t__....,___
March 4, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 3 of 3
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