HEX Final Decision #2026-16HEX NO. 2026-16
HEARING EXAMINER DECISION
DATE OF HEARING.
March 13, 2026
PETITION.
Petition No. VA-PL20250000077 - To have the Collier County Hearing Examiner (HEX) consider
approval of a variance from LDC Section 4.02.16.C.2.e.i., to increase the height of the proposed
entry feature gate from 42 inches to allow 11 feet 6 inches for a new platted subdivision consisting
of 32 single-family homes.
GENERAL PURPOSE FOR THE PETITION.
A height variance of the proposed entry feature gates from the maximum allowed 42 inches to
11 feet 6 inches for a new platted subdivision consisting of 32 single-family homes known as
"Grove Bayshore."
STAFF RECOMMENDATION.
Approval with conditions.
FINDING C_
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 comments at the public hearing.
5. The Hearing Examiner disclosed having reviewed the record and having had 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
Page 1 of 2
modify any request for a variance from the regulations or restrictions of the Collier County
Land Development Code.'
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 site is currently
under construction for subdivision improvements, which include three sales models at
3724, 3728, and 3862 Grove Circle in Naples, FL. The building permit numbers for these
models are PRFH20231252382, PRFH20231252389, and PRFH20231252397. Additional
pool permits have also been submitted. All permits have been issued, and construction is
in progress. During the pool permitting process, an issue was identified regarding the
height of the entry feature, as there is a requirement for a minimum pool barrier height of
48 inches, and according to LDC Section 4.02.16. C.2. e. i, fences and walls shall not exceed
42 inches in height. The initial building reviewer did not identify this issue; therefore, a
variance is being proposed.
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 there are special
circumstances arising from the issuance of building permits and the commencement of
construction of the model homes, including entry features at the height specified in the
permitted plans. The design of the homes was completed in compliance with the
requirements for the front door feature facing the street in the Bayshore Overlay District,
with no objections noted from County Staff. Revising the buildings at this stage of
construction would impose a significant financial burden.
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 yes, it would
impose financial hardship on the applicant if the homesites cannot be constructed as
permitted. The homes are nearing completion, and there is no viable means to alter them
to comply with the Bayshore Overlay LDC Criteria for the front door requirement.
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 Hearing Examiner's findings are italicized.
Page 2 of 3
The record evidence and testimony from the public hearing reflects that this variance
is granted as it represents the minimum variance necessary to support the functional
use of the land. There are no identified impacts on health, safety, or welfareassociated
with the proposed entry feature height. This entry feature contributes to the
security of individual homes. All homes will include the same feature, ensuring uniform
protection.
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 the granting of the
variance allows for modifications specific to this site. It is important to note that if the
deficiency had been identified during the project's review and the permit application
process prior to approvals and permit issuance, the homes could have been adjusted to
comply with the Land Development Code (LDQ requirements. This requirement was noted
during the application for swimming pool permits, where the necessity of a 48-inch-high
pool barrier along the front was highlighted, resulting in the permits being rejected. By the
time this issue was recognized, the houses were already under construction, making any
modifications necessary to meet the maximum height requirement of 42 inches, and the
front door orientation facing the street, financially and architecturally challenging given
the project's construction stage.
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 granting variance
is consistent with the intent and purpose of the zoning code. It will facilitate the inclusion
of a front door facing the street for each home, as required by the overlay district
regulations. This approach is expected to create a uniform appearance within the
community, enhance security and privacy for each home and its pool area, and provide a
buffer from neighboring uses. Additionally, the variance will not be visible from Bayshore
Blvd and is located within the subdivision, with no anticipated adverse effects on 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 courses,
etc.?
The record evidence and testimony from the public hearing reflects that there are no
natural or physically induced conditions, such as preserves, lakes, or golf courses, that
affect or support the goals and objectives of the regulation in this case. The Grove
Bayshore Subdivision is a well -established area featuring a variety of uses. To the north,
you'll find a church, while a man-made lake sits to the east. The southern side is home to
several commercial buildings, and there's an undeveloped commercial parcel located to
the west. The residential units are designed to face either north or south along an internal
roadway, and the subdivision is surrounded by a landscaped buffer that offers privacy from
neighboring properties.
Page 3 of 4
h. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
The record evidence and testimony from the public hearing reflects that granting the
variance will be consistent with the GMP, as a one-story commercial building
structure is an allowable use for the subject property in both the Future Land Use Element
and the GMP.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
The record evidence and testimony from the public hearing reflects that The Growth Management
Plan (GMP) does not address individual land -use variance requests; However, the current use of
the subject property is consistent with the GMP.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION.
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.
ANAI ,VCIC_
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.
DFC RION_
The Hearing Examiner hereby APPROVES Petition No. VA-PL20250000077, filed by Gina
Green, representing the applicant/owner Naples Groves Lot 13 LLC, with respect to the
property described as a subdivision that is located on Grove Bayshore Lots 1 through 32, as
recorded in Plat Book 75, pages 92 and 93, in the public records of Collier County, Florida, on
approximately 9.6 acres known as Grove Bayshore, in Section 14, Township 50 South,
Range 25 East, Collier County, Florida, for the following:
• The purpose of this project is to seek a Variance from LDC Sec. 4.02.16.C.2.e.i to increase
the height of the proposed entry feature gate for the Grove Bayshore subdivision from 42
inches to allow up to 11 feet 6 inches.
Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Master Site
Plan attached as Exhibit `B" and the Variance Plan attached as Exhibit "C" and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Zoning Map
Exhibit B — Master Site Plan
Exhibit C - Variance Plan- Exhibit B-1, B-2 and B-3
Page 4 of 5
LEGAL DESCRIPTION.
This subdivision is located on Grove Bayshore Lots I through 32, as recorded in Plat Book 75,
pages 92 and 93, in the public records of Collier County, Florida, on approximately 9.6 acres
known as Grove Bayshore, in Section 14, Township 50 South, Range 25 East, Collier County,
Florida
CONDITIONS.
• All other applicable state or federal permits must be obtained.
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.
March 27, 2026
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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PROJECT: GROVE BAYSHORE
VARIANCE PLAN - EXHIBIT B-2
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DESCRIPTION:
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MODEL B-RIGHT-ENTRY FEATURE ELEVATION &SITE PLAN
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COPYRIGHT, 2025 BY GINA R. GREEN P.A. ALL RIGHTS RESERVED
DRAWN BY GRG
REVISIONS
CHECKED BY. GRG
N0.
DESCRIPTION
DATE NOV 2025
1
REV PER CC COMMENTS 12-30-25
SCALE AS NOTED
PROJECT N0. 251106
DWG FILE: ENTRY VARIANCE