Stokes Marine, Inc College Parkway Fort Myers, FL License # CBC

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1 Stokes Marine, Inc College Parkway Fort Myers, May 12,2014 License # CBC Department of Community Development Director City of Cape Coral PO Box Cape Coral, RE: Block 3466, Lot 15 Dear Director: The purpose of this request is to obtain a deviation of719 Sq. Ft. from the marine improvement areas as specified in Section 3.16.N.1 of the City of Cape Coral Land Use and Development Regulation. The existing dock is 1,130 square feet. We are requesting to add an additional 789 square feet to the existing which would give us an over all square footage of 1,919 sq. ft. The city of Cape Coral allows 1,200 square feet so the total square footage we are requesting a deviation for is 719. The deviation requested is to allow the property owner to continue the captains walk to the property line. This property owner has 181 ft. of water frontage, based on Cape Coral's calculation they should be allowed to have up to 2,415 sq. ft of dock. The issuance of this deviation will not give special privileges because there are other residences on the canal with boat docks & lifts and the proposed dock is in accordance with the setbacks and max water projection. Granting of this deviation would be within the purpose of the ordinance because it would not be injurious to the area or otherwise detrimental to the public welfare. Sincerely, ~q~ S1ot<<.s Mann~ I Inc

2 Planning Division Case Report DE Review Date: June 16, 2014 Property Owner/ Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Stole, Elvind and Mette 4905 SW 5th Place Cape Coral, Stokes Marine, Inc College Parkway Fort Myers, The applicant is requesting one deviation to the City s Land Use and Development Regulations (LDR); a deviation of 719 square feet to Section D.2 which restricts the amount of dock square footage to 1,200 square feet, to permit a 789 ft² addition to an existing marine improvement, for a total of 1,919 square feet SW 5th Place Unit 44, Block, Lots C Wyatt Daltry, AICP, Planner IV Rick Sosnowski, AICP, Comprehensive Planning Team Coordinator Derek C.S. Burr, AICP, Planning Manager Approval Infill

3 June 16, 2014 DE Page 2 Zoning Future Land Use Subject Parcel Single-Family Residential (R-1B) Single Family (SF) Surrounding Zoning Surrounding Future Land Use North: R-1B SF South: Thunderbird Lake; R-1B Thunderbird Lake; SF East: Thunderbird Lake; NZ Thunderbird Lake; N/A West: SW 5 th Place; R-1B SW 5th Place; SF Site Visit: June 10, Right-of-Way (ROW) Access: The subject property has frontage and ROW access along SW 5 th Place. Background: The subject property has an area of approximately 13,451 ft 2 and is located along SW 5 th Place in southwestern Cape Coral. The site accommodates a single-family home that has a living area of 2,629 ft 2. The property is located in Block, where a majority of parcels are built-out with single-family homes. The property abuts the Thunderbird Lake to the south and east, as can be expected of a corner lot overall the property has approximately 182 feet of water frontage. At its narrowest, the width of the Thunderbird Lake is 135 feet, to the south, thus all marine improvements may not extend any further than thirty (30) feet. The subject property currently has 1,130 square feet of dockage along its lakefront, and is requesting permission to build an additional 789 square feet of dock, for a total of 1,919 square feet. Based on aerial data from the City s GIS, 30 of 36 residential properties with frontage on the northeastern quadrant of Thunderbird Lake supports a water dependent structure. It should be noted that no deviations for additional dockage have been sought by any property owner along the northeastern quadrant of Thunderbird Lake. Applicable Regulations: LDR, Section D.2 states, However, the maximum deck surface area allowed under this section shall not exceed 1,200 square feet for marine improvements which project from parcels utilized for single-family residential dwelling units in R-1, RD, RE, and/or RX zoning districts. LDR, Section C.2 states, All other deviations from the provisions of this section may be approved by the Board of Zoning Adjustment and Appeals provided that the deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this section and where conditions exist that are not the result of the applicant and which are such that a literal enforcement of the regulations involved would result in unnecessary or undue hardship. In determining whether a particular deviation request should be approved, factors the

4 June 16, 2014 DE Page 3 Board of Zoning Adjustment and Appeals shall consider include, but are not limited to, the following: the effect the proposed deviation would have on the navigability of the waterway involved; the design, size, and proposed location of the marine improvement for which deviation is sought; the effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway. Subject to these standards and criteria, the Board of Zoning Adjustment and Appeals shall approve only the minimum deviation from the provisions of this section necessary to avoid the unnecessary or undue hardship required herein. Analysis: The Planning Division has reviewed this application based on LDR, Section 3.16 which provides guidance in evaluating deviation requests associated with marine improvements. LDR, Section C.2 states that a deviation may be approved by the Board of Zoning Adjustment and Appeals provided that such deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this section. This section further states that the Board shall consider factors such as the effect the deviation would have on the navigability of the waterway; the design, size, and proposed location of the marine improvement; and the effect that the proposed deviation would have on any extant marine improvements in the subject waterway. According to the letter of intent, the deviation for the increase in dock square footage is sought to expand a captain s walk. In addition to this, the applicant is also request another dockage for an additional boat lift, and a tiki hut. As mentioned above, many nearby residential properties appear to have water-dependent structures. The applicant s request will not interfere with the navigability of the waterway, as the proposed increases of dock square footage only slightly projects further than the existing dock into the waterway to a distance of 30 feet, the maximum permitted by Code. The design, size, and proposed location of the marine improvement will not interfere in any views down the lake basin, nor will it have the effect on blocking any access to other, nearby extant marine improvements. If one calculated the width of the applicant s waterfrontage by the maximum 30 projection into the waterway, and ignoring the 1,200 square foot limitation on marine improvement square footage, the applicant could have as much as 5,430 square footage of dock; the applicant s request for a total of 1,919 square feet would be much less than this theoretical maximum. Section C.2 requires that, Subject to these standards and criteria, the Board of Zoning Adjustment and Appeals shall approve only the minimum deviation from the provisions of this section necessary to avoid the unnecessary or undue hardship required herein. While a waterfront property owner may develop a captain s walk no wider than five (5) feet, and wider dockage is considered appropriate for the placement and access to a boat lift, the proposed dock expansion to support a 10 by 10 tiki hut is not a minimum deviation necessary to avoid

5 June 16, 2014 DE Page 4 unnecessary or undue hardship. The applicant could construct a sun shelter such as a tiki hut on an existing portion of the dock without adding additional square footage to the dock. With the exception of the tiki hut dock area, the expansion of dock square footage is in harmony with this section. Recommendation: Based on the above analysis, the information provided in the application, and the physical conditions of the property, Planning Staff finds that the requested deviations pursuant to an expansion in dock square footage will not be contrary to the public interest and will be in harmony with the general intent and purpose of Section Consequently, the Planning Division recommends approval of a deviation of ±596 square feet (applicant requested 719 square feet) with the following conditions: 1. The area of the proposed dock expansion to support a 10 by 10 tiki hut shall not be permitted, because this dock area is not a minimum deviation necessary to avoid unnecessary or undue hardship. 2. Except for the elimination of the dock expansion to support a 10 by 10 tiki hut, the construction shall conform to Sheets L-1 through L-3 of the plans prepared by Stokes Marine, Inc., with revisions dated 4/15/2014. Staff Contact Information Wyatt Daltry, Planner IV PH: (239) wdaltry@capecoral.net

6 NOTICE OF 1035 PUBLIC HEARING NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that the City of Cape Coral, Florida, proposes to adopt RESOLUTION DE : A RESOLUTION PURSUANT TO THE CITY OF LAND USE AND DEVELOP- MENT REGULATIONS, ARTI- CLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IM- PROVEMENTS, GRANTING A DEVIATION OF SEVEN HUN- DR ED NINET EEN ( 719) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSAND TWO HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK ONE THOUSAND NINE HUNDREED NINETEEN (1,919) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-TWO (182) FEET OF WATER FRONTAGE IN A SINGLE-FAMILY RESI- DENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 18 AND 19, BLOCK, UNIT 44, SUBDI- VISION; PROPERTY IS LOCAT- ED AT 4905 SW 5TH PLACE; PROVIDING AN EFFECTIVE DATE. FURTHER that an application has been received from ELVIND AND METTE STOLE. FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Planning Agency sitting as the Board of Zoning Adjustment and Appeals on August 6, 2014 at 9:00 A.M. in the Council Chambers at City Hall. FURTHER any person may appear at the public hearings and be heard, subject to proper rules of conduct. Written comments filed with the Director will be entered into the record. The hearings may be continued from time to time as necessary. FURTHER any person deciding to appeal any decision made at these hearings may need to insure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. FURTHER in accordance with the Americans with Disabilities Act, persons needing special accommodations to participate in this proceeding should contact the City Clerk s office which is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. FURTHER You are allowed sufficient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box , Cape Coral, For further information, please contact Wyatt Daltry a t o r a t wdaltry@capecoral.net. by order of Rebecca van Deutekom, MMC City Clerk REF # DE July 20, 2014

7 DE /08/14 RESOLUTION DE A RESOLUTION PURSUANT TO THE CITY OF LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF SEVEN HUNDRED NINETEEN (719) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSANDTWO HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK ONE THOUSAND NINE HUNDREED NINETEEN (1,919) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-TWO (182) FEET OF WATER FRONTAGE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 18 AND 19, BLOCK, UNIT 44, SUBDIVISION; PROPERTY IS LOCATED AT 4905 SW 5th PLACE; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application by ELVIND AND METTE STOLE has been submitted and reviewed by the Planning and Zoning Commission, the City of Cape Coral and has been presented to the City of Cape Coral Board of Zoning Adjustment and Appeals at a Public Hearing for a Deviation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF, ORIDA: Section 1. That the City of Cape Coral Board of Zoning Adjustment and Appeals has considered the recommendations of the Planning and Zoning Commission, Local Planning Agency, the Planning Division of the City ofcape Coral, and the presentation made by the Applicant before this Board at a public meeting on the request for A DEVIATION OF SEVEN HUNDRED NINETEEN (719) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSAND TWO HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK ONE THOUSAND NINE HUNDRED NINETEEN (1,919) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-TWO (182) FEET OF WATER FRONTAGE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE on the below described property: LEGAL DESCRIPTION: LOTS 18 AND 19, BLOCK, UNIT 44, PART 1, SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGES 113 THROUGH 121, OF THE PUBLIC RECORDS OF LEE COUNTY, ORIDA PROPERTY LOCATED AT: 4905 SW 5th PLACE and pursuant to City of Cape Coral Land Use and Development Regulations, Article III, Section 3.16, Marine Improvements, finds as follows: A. The subject deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of Section 3.16 of the City of Cape Coral Land Use and Development Regulations. B. Conditions exist that are not the result of the applicant. C. Literal enforcement of the Land Use and Development Regulations would result in unnecessary or undue hardship on the Applicant. D. Neither the subject deviation nor the design, size, or proposed location of the subject structure will adversely affect the navigability of the waterway involved or any extant marine structures in the waterway involved.

8 Section 2. The applicant shall meet the following terms and conditions: 1. The area of the proposed dock expansion to support a 10' x 10' tiki hut shall not be permitted. 2. Except for the elimination of the dock expansion to support a 10' x 10' tiki hut, the construction shall conform to Sheets L-l through L-3 of the plans prepared by Stokes Marine, Inc., with revisions dated 4/15/2014. Section 3. Pursuant to City of Cape Coral Land Use and Development Regulations, Article III, Supplementary District Regulations, Section 3.16, Marine Improvements, the Applicant's request for a deviation is hereby granted. Section 4. This Resolution shall take effect immediately upon its adoption. ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITY OF AT ITS REGULAR SESSION THIS DAY OF, DANIEL READ, CHAIRPERSON BOARD OF ZONING ADJUSTMENT AND APPEALS ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF REBECCA VAN DEUTEKOM CITY CLERK APPROVED AS TO FORM: BRIAN KTBARTOS ASSISTANT CUT ATTORNEY DE

9 City of Cape Coral Department of Community Development July 29, 2014 RE: RESOLUTION DE CASE #: DE Dear Property Owner: This notice is sent to you, as required by the City of Cape Coral Land Use and Development Regulations, to notify all property owners within 500 feet of a request for Elvind and Mette Stole. The applicant is requesting a deviation of seven hundred nineteen (719) square feet from the maximum square footage of dock area allowance of one thousand two hundred (1,200) square feet to permit a dock one thousand nine hundred nineteen (1,919) square feet in area to project from a parcel with one hundred eighty-two (182) feet of water frontage in a single-family residential (R-1B) zone on property described as Lots 18 and 19, Block, Unit 44, Cape Coral Subdivision. The property is located at 4905 SW 5th Place. The Board of Zoning Adjustment and Appeals will hear RESOLUTION DE at a Public Hearing on Wednesday, August 6, 2014, at 9:00 a.m. in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral,. Any person may appear at the public hearing and be heard, subject to proper rules of conduct. You are allowed sufficient time to write or appear at the public hearing to voice you objections or approval. Written comments filed with the Director will be entered into the record. Please reference the case number above within your correspondence and mail to: Department of Community Development, Planning Division, P. O. Box , Cape Coral, The hearings may be continued from time to time as necessary. If a person decides to appeal any decision made by the Board of Zoning of Adjustment and Appeals with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact the Human Resources Department whose office is located at Cape Coral City Hall, 1015 Cultural Park Boulevard, Cape Coral, Florida; telephone for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, (TDD) or (v) for assistance. For further information, please contact Wyatt Daltry at or at wdaltry@capecoral.net. The resolution and colored maps for this application are available at the City of Cape Coral website, (Click on Public hearing information, use the case number referenced above to access the information); or, at the Planning Division counter at City Hall, between the hours of 7:30 AM and 4:30 PM. Sincerely, Derek C.S. Burr, AICP, MS, MPA Planning Division Manager Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

10 DEVIATION (MARINE IMPROVEMENT) APPLICATION CRITERIA APPLICABLE TO DEVIATIONS Cape Coral Land Use & Development Regulations Section 3.16 A. Any person aggrieved by the effect of this section shall have the right to request a deviation from the provisions of this section. B. Deviations from the provisions of this section may be approved by the Board of Zoning Adjustment and Appeals provided that the deviation will not be contrary to the public interest and will be in harmony with the general intent and purpose of this section and where conditions exist that are not the result of the applicant and which are such that a literal enforcement of the regulations involved would result in unnecessary or undue hardship. In determining whether a particular deviation request should be approved, factors the Board of Zoning Adjustment and Appeals shall consider include, but are not limited to, the following: the effect the proposed deviation would have on the navigability of the waterway involved; the design, size, and proposed location of the marine improvement for which deviation is sought; the effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway. Subject to these standards and criteria, the Board of Zoning Adjustment and Appeals shall approve only the minimum deviation from the provisions of this section necessary to avoid the unnecessary or undue hardship required herein. C. Any person aggrieved by the decision of the Board of Zoning Adjustment and Appeals or the Director of the Department of Community Development or the Director's designee concerning the interpretation and application of this section with respect to a waterfront parcel located on a lake or basin or concerning a requested deviation from the provisions of this section may appeal such decision to the City Council provided that a written notice of appeal is filed within 30 days after the date of the action appealed from. The notice of appeal shall be considered filed when it is received by the Department of Community Development. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

11 ' Proximity Boundary CITY OF Department of Community Development Planning Division 4 29 ZONING MAP Proximity Boundary 6 7 SW 5TH PL Case No. DE BLOCK LOTS Subject Parcel THUNDERBIRD LAKE Legend 500'_BUFFER SUBJECTPARCEL R1B IMPROVED N Y Canals/Lakes µ SW 49TH LN JUNE 17, Feet This map is not a survey and should not be used in place of a survey. While every effort is made to accurately depict the mapped area, errors and omissions may occur. Therefore, the City of Cape Coral cannot be held liable for incidents that may result due to the improper use of the information presented on this map. This map is not intended for construction, navigation or engineering calculations. Please contact the Department of Community Development with any questions regarding this map product. KRKA

12 500 FT BOUNDARY PROPERTY OWNERS - DE ELVIN + METTE STOLE Owner Strap Block/Lot C Owner Information BALLETTO STEVEN + CAMILLE 4818 SW 5TH PL Zoning U 4818 SW 5TH PL R1BW SF C BARRETT FRANCIS C + DEBORAH 485 W RIVER RD 509 SW 49TH LN R1BW SF WATERLOO NY C BIHARI JOSEPH JR + LINDA + 17 PINEBROOK RD 601 SW 49TH LN R1BW SF MONSEY NY C CHAMBERS RICK + ANN 8899 SHADOW RID 505 SW 49TH LN R1BW SF NEWBURGH IN C CLEMENCE BARBARA 421 SW 49TH LN 421 SW 49TH LN R1BW SF C CONCEPCION MARIA 4807 SW 5TH PL 4807 SW 5TH PL R1BW SF C DAVIES LOIS A 513 SW 49TH LN 513 SW 49TH LN R1BW SF C E + BB HOME II LLC 5109 DEL PRADO B 506 SW 49TH LN R1BW SF C ANNERY EDWARD E L/E 4803 SW 5TH PL 4803 SW 5TH PL R1BW SF C GIBSON SANDRA K J SW 5TH PL 4823 SW 5TH PL R1BW SF C HAINES JOSEPH + SUSAN 517 SW 49TH LN 517 SW 49TH LN R1BW SF Tuesday, June 17, 2014 Page 1 of 3

13 Owner Strap Block/Lot C Owner Information HANSEN JOSEPH A + JUDITH A TR 425 SW 49TH LANE Zoning U 425 SW 49TH LN R1BW SF C HERSHFIELD BARTON + CATHYANN 4810 SW 5TH PL 4810 SW 5TH PL R1BW SF C HIBBITTS KENNETH A 1600 OLD WHITLEY 4808 SW 5TH PL R1BW SF LONDON KY C HOEL ROBERT F JR TR SW 5TH PL 4909 SW 5TH PL R1BW SF C HOLLAND DAWN M TR 5690 INVERNESS D 502 SW 49TH LN R1BW SF ROCKFORD IL C HOSACK H L + BARBARA 602 SW 49TH LN 602 SW 49TH LN R1BW SF C HOUSER DAVID W + MARCIA L 87 N PARKSIDE AV 510 SW 49TH LN R1BW SF GLEN ELLYN IL C HOUSER DAVID W TR 87 N PARKSIDE AV 514 SW 49TH LN R1BW SF GLEN ELLYN IL C JONES DOLORES TR 426 SW 49TH LN 426 SW 49TH LN R1BW SF C MONTGOMERY J MARK 1033 GREEN LANE 4814 SW 5TH PL R1BW SF MALVERN PA C PARKHURST FRANK L/E 4822 SW 5TH PL 4822 SW 5TH PL R1BW SF C PERIMAN JANICE OBERT 605 SW 49TH LN 605 SW 49TH LN R1BW SF Tuesday, June 17, 2014 Page 2 of 3

14 Owner Strap Block/Lot C Owner Information PETRUZELLI EMMA 4819 S W 5TH PL Zoning U 4819 SW 5TH PL R1BW SF C SCHEPLER WILLIAM 4811 SW 5TH PL 4811 SW 5TH PL R1BW SF C SCHLAEGER JENS + MARTINA REINSBACH SW 5TH PL R1BW SF C HUECKESWAGAN SLUTZ BRIAN D + PAULA M 4906 SW 5TH PL 4906 SW 5TH PL R1BW SF C SPIEWAK TED + PAT 4815 SW 5TH PL 4815 SW 5TH PL R1BW SF C STOLE ELVIND + METTE SLIDEKROKEN SW 5TH PL R1BW SF C HUNDVAG TOMASELLA JACQUELINE 6304 WESTOVER 501 SW 49TH LN R1BW SF SOMERSET NJ C TRAINER THOMAS W + SELINA B 4902 SW 5TH PL 4902 SW 5TH PL R1BW SF Tuesday, June 17, 2014 Page 3 of 3

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