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HEX Final Decision 2021-38 HEX NO. 2021-38 HEARING EXAMINER DECISION DATE OF HEARING. August 26,2021 PETITION. PETITION NO. VA PL20210000256 -Request for an after-the-fact variance for a principal structure from LDC Section 4.02.01.A, Table 2.1, to decrease the principal structure rear setback from 25 feet to 18.6 feet, and LDC Section 4.02.01.D.8, to increase the permissible principal structure roof overhang into setback from 3 feet to 8.4 feet, and a variance for an accessory porch from LDC Section 4.02.03.D, to decrease the accessory structure rear setback from 10 feet to 3.75 feet, for an existing legal nonconforming single-family residence located at 2617 Longboat Drive, also known as Parcel No. 27, Coconut River Unit 1, in Section 35, Township 49 South, Range 25 East, Collier County,Florida. GENERAL PURPOSE FOR THE PETITION. An after-the-fact Variance to allow for the continued existence of a one-story single-family residence that presently encroaches 6.4 feet into the required 25-foot rear yard; the roof overhang encroaches an additional 2-feet into said yard. Additionally, the petitioner seeks to re-build a dilapidated porch that encroaches 6.25 feet into the required 10-foot rear yard accessory structure setback. Ultimately,the homeowner desires to maintain their property and cure the existing setback issues. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 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 4 5. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, and then public comment. There were no objections to the Petition at the public hearing. 6. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant,deny or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code.' 1. 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 from the public hearing reflects that there is no land-related hardship. There are no special conditions or circumstances peculiar to the location, size and characteristics of the structure or building involved. 2. 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 from the public hearing reflects that the applicant purchased this home unbeknownst the rear yard encroachment issue. The encroachment was made known when the new property owner desired to maintain their property by replacing a dilapidated screen enclosure. 3. 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 from the public hearing reflects that the home was purchased as-is. The homeowner only wants to replace the existing aging screen enclosure to improve their home, both structurally and aesthetically. 4. 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 from the public hearing reflects that the subject Variance, if granted, is the minimum required to satisfy the existing rear yard encroachment issues. The proposed porch is to replace one that has become unsafe as the decking is starting to rot; the new porch would be constructed to code and be safe. 5. 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? 1 The Hearing Examiner's findings are italicized. Page 2 of 4 The record from the public hearing reflects that 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. 6. 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 from the public hearing reflects that the general purpose and intent of the LDC for residential single-family zoned districts is to promote lands for single-family housing in areas of low density. The requested 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. 7. 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 from the public hearing reflects that the subject property abuts a wide canal which provides roughly 20 feet of additional bank area; said canal is located within the City of Naples. 8. Will granting the Variance be consistent with the Growth Management Plan (GMP)? The record from the public hearing reflects that 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. 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 the Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. VA-PL20210000256, filed by William Burke of TEC Construction & Development, representing Theordore and Susan Swanson, with respect to the property described as 2617 Longboat Drive, Parcel No. 27, Coconut River Unit 1, in Section 35, Township 49 South, Range 25 East, Collier County,Florida, for the following: • An after-the-fact variance from Section 4.02.01.A, Table 2.1, of the Land Development Code (LDC)to decrease the principal structure rear yard setback from 25 feet to 18.6 feet, Page 3 of 4 and LDC Section 4.02.01.D.8,to increase the permissible principal structure roof overhang into setback from 3 feet to 8.4 feet,and a variance for an accessory porch from LDC Section 4.02.03.D, to decrease the accessory structure rear setback from 10 feet to 3.75 feet, for an existing legal nonconforming single-family residence. Said changes are fully described in the Boundary Survey attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A—Boundary Survey LEGAL DESCRIPTION. 2617 Longboat Drive, Parcel No. 27, Coconut River Unit 1, in Section 35, Township 49 South, Range 25 East, Collier County, Florida CONDITIONS. All other applicable state or federal permits must be obtained before commencement of the development. 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. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. 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. .2..g.-.L.—..--- September 24, 2021 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 4 of 4 EXHIBIT "A" SKETCH OF BOUNDARY SURVEY SURVEY0209► ly" PL9vr*YAddroa Crtllled Ta RoodZLna In/mmatlon: -- 2817 Longboat OdraTheodor.airman,Suarl Sermon Community Nu0l*,0f 120087 Naples,FL 34104 Pane::0392 Suffix H Effective Date:05/182012 Flood Zane:AE BEE:8'NAV 0 1988 NOOneR PERSON O1 WHY MY RELY OM 1705 ARYEY LOIN/O 191:PA•FUI1740 d a1W a ARMY MOW BY - BENCHMARK Arad NanCoca,.RM...balm ta..,•*wand d �b ...a R R .NoIh..Lar,.ral Scaion.>4 11n1.4019 L: IAMD SERVICES,INC. Tawas*I9Sat%R.p.25E.*L Call.Caw* Om 01 W North Meal Na an35,NWslang . m nwcnavale• aramSr ba/mmrrwlaLr,LIePN.f..emrr!'•bpmlm RmaO.f5 FIp St P'4MRamW aarr Courtly nod*,Sadly /1/2,(/ap/s Ia 1107J a c 8audvrd Ts&29491-0778 8941'20"*to 124331•f kr*,pivotal LMOn',Walas carolhr•in Oaot.S AXED SAMOrs:11A4/2020 N•alacFbms 3a109 Fax 2043914195 ALam NW ara.Of/19/39.71 LB V7502 wwwbaarAwattenebewlastmm Moo 5aer0'1r40•Wog/90006g Moses South 8941'20'1a1..190SO kkA them 04r40'lave 12000N.( Iwo••om In WMMaMSAe Oxvnul Rim LMN&1.Nom189'41'P'Ems SO.51 NsI bee pmmi Paginnee L-1=S89.4120'W 9059'D S 89'30'42*W 90.7r M L-2=N89 4120'E 9059'D. N 89 3159'E 90 83'M L-3=204.07'D. N 72-35'31'E 203.98'M. CANAL BASIS OF BEARINGS EO.W.rv2aw19� Raioc P.O.B. ._._._# PARCEL YARD MINIMUMS: NO FRONT=25 •e RIB 25 ># 4 $ f1 S 89 4120'W 1243.31'D. ACCESSORY=10' L-2 f a. `° (RED DASHED LINES) FND.S/S' 4 P.$ SET 1n' Na LMEar I.R LB8054 r asig_aae•aaw-ly,el = I.R.LB7507 a •�pNa3 r' it '1 U11V .'• FENCE I PARCEL 27 1e -i 9`L Hwy/ P.O.C. 1771f ! Jar NORTHEAST ar 1r,laRrAO _r #2 Rrt0 CORNER OF ti V 231'W SECTION 35 Par 22 III 71r L7y 294• A. ARE STORY • • 6 4 COVC DECK BUILDING 0 a9 +` @ 92617 44 0 PARCEL 26 •'�SPA pool '+ S m m PARCEL 28 y, p 8 IOT $21 g . . • . gC FENCE 91.r ae0•N 0, . f►NUOVr YNO _ 4 \ R 4 FND.5/8' FND.S/8' I R NO I.D. L-1 LR.NO LD. OO CITV. TEL ASPHALT —L-3 8------- -- i I LONGBOAT DRIVE cc (IMPROVED)60'RAN(P.) FND.5l8' O C FND.5B' I.R NO I.D. `1 1 I.R.NOLO..• @P.LOFRNY O Z1 • N 89'4120"E 109.59'P. 4 , N 89'3903'E 109.68'M. PARCEL 51 PARCEL 50 m i PARCEL 49 •LEaa 0010!/710NPrw•03lr07,41012 No EVAIM4Oova ME.41401 IFSwKlrL neULrmAoe.raavwwemlm Aarnucrfa/LRE ENENmaronn.,LrCOICE0.0awv�iror9m»Mav PIE OW POINTS OFINTEREST. 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ICCOICIMLLNANm raN .A ASMIONw all aw....a _ Ia .0,71nr rw M.'Um.AwCOMM 'Ma IOW M. mO,RA Cr 0NommlOrAerr Iw.w .alOr.N..A.Aa a0.lw arena... run nine..• a.v. 00 Awaur EXHIBIT "A"