HEX Final Decision #2026-08HEX NO. 2026-08
HEARING EXAMINER DECISION
DATE OF HEARING.
February 13, 2026
PETITION.
Petition No. VA-PL20250003358 - 569 Portsmouth Court within the Audubon Country Club -
Request for a proposed variance of 9.6 feet from the required front yard setback of 25 feet allowing
the garage addition to be 15.4 feet from the front property line, a proposed variance of 0.2 feet
from the required side yard setback of 7.5 feet allowing the garage extension to be 7.3 feet from
the east property line, and an after -the -fact variance of 0.2 feet from the side yard setback of 7.5
feet allowing for the existing garage and home to remain with a minimum setback of 7.3 feet from
the east property line for a single family home at 569 Portsmouth Court within the Audubon
Country Club Planned Unit Development (PUD) zoning district per Ordinance 91-53, as amended,
in Section 9, Township 48 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
To have the Collier County Hearing Examiner (HEX) consider variance requests to the front yard
setback and side yard setback to allow for a garage addition and to consider an after -the -fact
variance from the side yard setback to allow for the existing garage to remain.
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 Code 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 County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no public speakers.
Page 1 of 6
5. The Hearing Examiner disclosed having reviewed the entire record and having no ex parte
communications.
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.I
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 evidence and testimony from the public hearing reflects that the after -the -fact
variance of 0.2 feet from the side yard setback of 7. S feet, allowing for the existing garage
and home to remain with a minimum setback of 7.3 feet from the east property line is a
special condition peculiar to the building involved. This encroachment was revealed by an
updated survey; this is a special condition because the home was built in 1994, and it is
due to the heightened precision of today s technology that the survey reveals a slight
encroachment. No concerns have been raised over the 32 year period that this
encroachment existed.
The proposed variance for the garage extension to encroach 0.2 feet into the side yard is
also a special condition, resulting from the alignment of the extension with the pre-existing
encroachment.
The proposed variance for the garage extension to encroach 9.6 feet into the required front
yard is created by the circumstances of the home layout. The request to extend the existing
garage is for aesthetic and functional continuity. The alternative of placing the third
garage stall in a conforming location on the front of the house (with the new garage stall
facing the existing garage) would result in garages dominating the fagade of the home and
would not be as functional given the layout of the home.
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 this variance request?
The record evidence and testimony from the public hearing reflects that the after -the -fact
variance of 0.2 feet from the side yard setback of 7.5 feet is not a result from the action of
the petitioner. This encroachment is a pre-existing condition that was revealed by an
updated survey; the home was built in 1994, and the survey reveals a slight encroachment
due to the heightened precision of today's survey technology. No concerns have been
raised over the 32 year period that this encroachment existed.
1 The Hearing Examiner's findings are italicized.
Page 2 of 6
The proposed variance for the garage extension to encroach 0.2 feet into the side yard is
also due to circumstances that were not the result of action of the petitioner; the extension
of the proposed garage aligns with the pre-existing encroachment into the side yard.
The proposed variance for the garage extension to encroach 9.6 feet into the required front
yard is created by the action of the petitioner. The petitioner seeks to extend the existing
garage for aesthetic and functional continuity. The alternative of placing the third garage
stall in a conforming location on the front of the house (with the new garage stall front -
loading facing toward the street or side -loading facing toward the existing garage) would
result in garages dominating the facade of the home and would not be as functional given
the layout of the home.
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 evidence and testimony from the public hearing reflects that a literal
interpretation of the requirement for a 7. S foot side yard setback would require the existing
home and garage to conform by demolishing and/or reconstructing the home to correct for
the 0.2 foot encroachment, which would be an unnecessary and undue hardship on the
petitioner.
A literal interpretation of the requirement for the garage addition to conform to the front
and side yard setback would mandate a design alternative with the third garage occupying
the front yard in a position that is either front -loading or facing the existing garage. The
petitioner argues this would be an undue hardship and a practical difficulty resulting in a
garage that is intrusive and contrary to neighborhood character.
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 evidence and testimony from the public hearing reflects that the proposed
arrangement of the third garage bay is the most reasonable arrangement because it is an
extension of the existing garage. There should be no compromise to health, safety and
welfare resulting from the proposed use of the land, building or structure.
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 evidence and testimony from the public hearing reflects that granting the
proposed variance is not a special privilege denied to others in that the process to seek a
variance is available to all property owners as outlined in the Land Development Code.
Page 3 of 6
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 evidence and testimony from the public hearing reflects that the proposed
variance is to allow a 9.6 foot encroachment of an additional garage bay into the front
yard, while recognizing minor existing encroachments of 0.2 feet from the required side
yard setback of 7.5 feet. Attachment B is a letter from the Audubon Country Club
Foundation, Inc. dated March 13, 2025 indicating approval of the request for a garage
addition. Letters to property owners within 150 feet of the subject property have also been
mailed by the petitioner, and no objections have been received by staff, which indicates the
neighborhood has not found this request to be injurious. Expansion to accommodate a
third garage bay for the existing single family home is generally in harmony with the intent
and purpose of the LDC and applicable PUD Ordinance.
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 evidence and testimony from the public hearing reflects that no natural
conditions ameliorate the goals and objectives of the regulation. The homesite is bounded
by Common Open Space and Golf Course to the rear, which makes the logical option for
a building extension to be positioned toward the front of the property.
h. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
The record evidence and testimony from the public hearing reflects that the GMP is silent
to the issuance of variances; the use of the property for a residence with an expanded
garage conforms to the Future Land Use Element, and therefore the granting of the
variance will not be inconsistent with the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION.
The record evidence and testimony from the public hearing reflects that the EAC does not typically
hear variance petitions. Since the subject Variance doesn't impact any preserve area, the EAC did
not hear this petition.
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 this Petition.
Page 4 of 6
DECISION -
The Hearing Examiner hereby APPROVES Petition No. VA-PL20250003358, filed by David
Brogdon of Green Mountain Builders, representing the owner/applicant Gerhard and Maria
Albrecht, Stefanie Albrecht, and Lilia Bull, with respect to the property legally described as located
at 569 Portsmouth Ct., Naples, FL 34110, Collier County, Florida, for the following:
• A Variance request from Land Development Code (LDC) Section 9.04.03
Said changes are fully described in the Conceptual Site Plan attached as Exhibit "A" and the
Boundary Survey attached as Exhibit `B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Conceptual Site Plan
Exhibit B — Boundary Survey
LEGAL DESCRIPTION.
Lot 14 of Block A of Unit One of the Audubon Country Club 1 Subdivision (Plat Book, 15 Page
31), on the east side of Vanderbilt Drive, in Section 9, Township 48 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.
Page 5 of 6
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.
March 5, 2026
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
PL20250003358 559 Portsmouth
CT (VA)
569 Portsmouth Ct
Naples, FL 34110
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REVISION A 10/20/2025
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REVISION 10/20/2025
PROFIEMY L1�4
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PL20250003358 569 Potts mouth CT (VA pi
REQUIRED FRONT SETBACK 2500'
PROFIOSED FRONTSEMACK 15.43'
DIFFERENCE FRONT SETBACK 957
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EXHIBIT "B"
SKETCH OF BOUNDARY SURVEY
SURVEY# 25261
LEGAL DESCRIPTION AS FURNISHED
Lot 14, Black A, AUDUBON COUNTRY CLUR, UNIT ONE, according to the
plat thereof as recorded in Plat Book 15, Page (s) 3LL of the Public
Records of Collier County, Florida.
YARD MINIMUMS:
FRONT = 25'
SDE=7.5'
REAR = 25'
ACCESSORY - 10'
(RED DASHED LINES)
PROPOSED
YARD MINIMUMS:
FRONT = 15'
(PURPLE DASHED LINES)
L-1= N 43'37'27" W 220.43' P.
N 43°37'27" W 220.58' M.
BASIS OF BEARINGS
POINT OF INTEREST:
THE PROPOSED GARAGE EXTENSION
ENCROACHES 9,57' INTO THE 25' FRONT
SETBACK.
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0' 15' 30'
GRAPHIC SCALE
SCALE: 1"= 30'
DETAIL: NOT TO SCALE
ONE STORY
BUILDING
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R569
GARAGE
CAVE i-
PROPOSED 7°
GARAGE
EXTENSION -
73_4 _ m
0.19, E.
10, U.E. & D.E.
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C-1 P.
675.00
113.93
1i3.79
N 82.3152 E
09'4014
C-1 M.
§75.00'
113.99
113.B5'
N B2'34.01' E
09'4033
C-2 P.
525.00
88.61'
88.51
6 62'3T'5D W
09'40'74'
C-2 M.
525.00
88.53
88.42
S 8T3847 W
09'3940
YND. S!81
GO_FI GC-2
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19.4' SCREENED
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BUILDING
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FND. 518"
I.R. NO I.D.
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NOTES: PROPERTYADDRESS FLOOD ZONE INFORMATION
1. LEGALOESCRIPTION PROVIDED BYOTHER5. NO EXAMINATION OF TITLE MADEBY5URVEYDn. 569 PC rt5mGD,b Court Community Number: 120067
2, THIS CERTIFICATION B ONLY FOR THE LANDS DESCRIBED, IT 15 NOTA CERTIFICATION OF TOLE, ZONING, EASEMENTS, FREEDOM FROM ENCUMBRANCES OWNERSHIP OR
RIGHTS-0P-WAY. Naples, FL 34110 Panel: 0187 Suffix:)
3. UNDERGROUND PORTIONS OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED. WALL TIES ARE TO THE FACE DF THE WALL. TIES ARE NOTT S Effective Date: 02/08/2024
BEUSEDTORECUNSTRUCTBOUNDARYIJNES, FENCE OWNERSHIP NOTDETERMINE0. Flood Zone: X5DO/AH
4, NOT VALID WITHOUTTHE SIGNATURE & ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ONLY VISIBLE ENCROACHMENTS LOCATED. BEE: 1D.5' N.A.V.D. 1988
5. THIS SURVEV IS IMENOED FOR USE BYTHOSE TO WHOM IT 15 CERTIFIED,
6. DIMENSIONS ARE IN FEET AND DECIMALS TH E REOF. NO EFFDRT WAS MADE TO PROVE PLAT SDU N DARES.
7. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHF-DIF WAYS OF RECORD. CERTIFIED TO
e. WHEN LOCATIONOFEASEMENTSOR RICATi-oF WAY OF RECORD, OTHERTHAN THOSE ON RECORD PLAT 15 REQUIRED, THIS INFORMATION MUST RE FURNISHED TO THE Gerhard Albrecht; Maria Albrecht
SURVEYOR AND MAPPER, PER KLORIDASTA1EJTE M-17,05Z UPH4 H OFTHE FLGRIDAADMINISTRATIVECODE.
9. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE 515NING PARTY OR PARTIES 15 PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING
PARTY UR PAIRTIE5.
10, THE F.E.M.A. FLOOD ZONE INFORMATION INDICATED HEREON IS BASED ON INTERPRETATION OF MAPS SUPPLIED BY THE FEDERAL GOVERNMENT. IT IS THE
RESPONSIBILITY OF THE OWNER AND/OR CONTRACTOR TD VERIFY FLOOD ZONE INFORMATION AND BUILDING RESTRICTIONS PRIOR TO ANY CONSTRUCTION OR PLANNING.
11, ELEVATIONS SHOWN HEREON ARE BASED UPON N.A.V.D. 2989.
BEARING
BEARINGS SHOWN HEREON ARE BASED UPON A PLATTED
BEARING OF NORTH 43°37'27" WESTAS SHOWN AS L-1
ABOVE.
DATE OF 5U RVEY:
BENCHMARK
LAND SERVICES, INC.
1807 J. & C. Boulevard
Naples,Florida 34209
L.B. N 7502
TeL 239-591-C778
Bench ma rkla ndservlces. tom
LEGEND
A.E.
ACCESSIMEMENT
B.R.
BEARING REFERANCE
C.
CALCULATED
C.B.
CATCH BASIN
C.U.E.
CO UNTYUTILITYEASEMENT
C.V.G.
CONIC VALLEY GUTTERD. DEEDED
(ATV.
CABLETV. RISER
C/o
CLEAN OUT
D.
DEEDED
D.E.
DRAINAGEEASEMENT
D.H.
DRILL HOLE
E
EAST
E.O.W.
EDGE OFWAtER
ELEC.
ELECTRICBOX
F.F.
FINISHEDFLOOR
FND.
FOUND
G.A.
GUYANCHDR
I.D.
IDENTIFICATION
I.P.
L.B.
IRON PIPE
LAND 5URVEYING BUSINESS
M.
FIELDMEASURED
M.E.5.
MITE RED EN D 5 ECTIM
M.H.W.
MEAN H IG H WATER NNE
N
NORTH
HAD.
NAIL&DISK
N.R.
NON -RADIAL
O. ILL.
OVERHEAD LINE
P,
PLAT
P.C.
POINT OF CURVATURE
P.C.C.
POINT OF COMPOUND CURVATURE
P,E.P.
POOL EQUIPMENT PAD
P.I.
POINT OF INTERSECTION
P.O.C.
POINT OFCOMMENCEMENT
P.R.M.
PERMANENT REF F RENCE MONUMENT
P.T.
PDINTOF TANGENCY
PK
PARKER-KALON NAIL
P. I.I.E.
PUBLIC UTILITY EASEMENT
RAN
RIGHT-O WAY
5
SOUTH
5.0.
STORM DRAIN
T.B.M.
TEMPOMRYBENCHMARK
TEL
TELEPHONE FACILITIES
U,E,
UTILITY EASEMENT
W
WEST
W.M.
WATER METER
x O.DD'
EXISTING ELEVATION
x®
PROPOSED ELEVATION
POWER POLE
LIGHT POLE
Ty
®
FIRE HYDRANT
WELL
WATER VALVE
I HEREBY CERTIFY THAT A SURVEY OF THE HEREON DESCRIBED
PROPERTY WAS MADE UNDER MY DIRECTION PER STANDARDS OF
PRACTICE AS PER CHAPTER SJ-17.053, F.A.C. & PU R5UANT TO
SECTION 472,027, FLORIDA STATUTES.
D9haILfP�5u61]r1�oF" eaW� "gaY'.
Kenneth Sarrio
KENNETH SARRIO
PROFESSIONAL SURVEYOR AND MAPPER
PSM NO.6348 STATE OF FLORIDA