HEX Final Decision 2021-11HEX NO. 2021-11
HEARING EXAMINER DECISION
DATE OF HEARING.
February 25, 2021
PETITION.
PETITION NO. PL20200001982 VA - Request for an after -the -fact 2.2-foot variance from
the required 3-foot rear yard setback for pools and spas adjacent to open space as provided
for in the Parklands Planned Unit Development (PUD) Zoning District. The request is to
allow the pool at 0.8 feet from the rear property line located at Lot 119, Parklands - Plat
One, AKA: 4121 Amelia Way, in Section 09, Township 48 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
An after the fact variance to allow for a pool that was constructed in accordance with an approved
Collier County building permit. The variance is for 9+/- inches from the rear property line where
there is a required a 3-foot rear yard setback.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
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.
5. The Petitioner and/or Petitioner's representative presented the Petition, followed by County
staff and then public comment. There were no opponents to the Petition.
Page 1 of 4
6. The decision to grant a variance is based on the criteria in LDC Section 9.04.03:1
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
The record reflects the rear yard to be constrained by the existence of a lake and
the lot itself is long and narrow.
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 are
the subject of the Variance request?
The record reflects the rear yard to be constrained by the existence of a lake and
the lot itself is long and narrow.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
The record reflects the pool was constructed consistent with county approval. A
literal application of the zoning code would require the pool to be demolished.
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 and welfare?
The record reflects this is an after the fact variance.
e. 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 district?
The record reflects granting the variance does legalize a pool closer to the rear lot
line than is required in the zoning district.
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?
The record reflects the land development code is for single family homes. The
neighborhood is built as such and many homes have pools. There are no opponents
to the variance request.
1 The Hearing Examiner's findings are italicized.
Page 2 of 4
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
The record reflects a lake abutting Petitioner's rear property line.
h. Will granting the Variance be consistent with the Growth Management Plan?
The record reflects the variance will be consistent with the growth management
plan with respect to density, intensity, compatibility, access/connectivity, and other
applicable provisions.
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-PL20200001982, filed by Grant
and Tricia Waxman with respect to the property described as Lot 119, Parklands — Plat One, in
Section 09, Township 48 South, Range 26 East, Collier County, Florida, for the following:
• An application for an after -the -fact variance from Exhibit B of Ordinance 12-30, as
amended, the Parklands RPUD, to reduce the rear yard setback, for pools and spas adjacent
to open space, from 0.8 feet for an existing pool that is accessory to a single-family
residence at the subject location.
Said changes are fully described in the As -Built Survey and Site Plan attached as Exhibit "A" and
are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — As -Built Survey and Site Plan
LEGAL DESCRIPTION.
Lot 119, Parklands — Plat One, in Section 09, Township 48 South, Range 26 East, Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
Page 3 of 4
2. The applicant must satisfy all requirements of Building Permit No. PRBD20200625789
and obtain a Certificate of Occupancy/Completion.
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.;, .........._,
March 19, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
EXHIBIT "A"
LOT 119
PARKLANDS -PLAT ONE
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CURVE TABLE
CURVE
RADIUS
DELTA
LENGTH
CHORD
BEARING
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842.00
03'46'01"
55.36'
55.35'
N 66'48'38" E
C714
975.00'
03'47'14"
64.44'
64.43'
N 66'49'14" E
C717
1000.00'
10-03'33"
175.57'
175.34'
N 63'48'41" E
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LOT 119, ACCORDING TO THE
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