Stokes Marine, Inc College Parkway Fort Myers, Fl license # CBC

Transcription

1 Stokes Marine, Inc College Parkway Fort Myers, Fl June 24, 2015 license # CBC Department of Community Development Director City of Cape Coral PO Box Cape Coral, RE: Block, Lot Dear Director: The purpose of this request is to obtain a deviation of 621 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 1,131 square feet. We are requesting to add an additional 690 square feet to the existing which would give us an overall square footage of 1,821 sq. ft. The city of Cape Coral allows 1,200 square feet so the total square footage we are requesting a deviation for is 621. The deviation requested is to allow the property owner to add a second boat slip with a walk around dock to the north side of the property and fill in a small potion on the front of the existing boat slip to safely access smaller vessels. This property owner has 185ft. of water frontage, based on Cape Coral's calculation they should be allowed to have up to 2,475 sq. ft of dock. The issuance of this deviation will not give special privileges because there are other residences on the lakes 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,

2 Planning Division Case Report DE Review Date: July 31, 2015 Property Owner: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Urban Service Area: Ivor and Nancy Jones Nicole Pelham The applicant is requesting a 621 sq. ft. deviation to the City of Cape Coral Land Use and Development Regulations (LUDR), Section D, that limits marine improvements to a maximum of 1,200 sq. ft., in order to allow a marine improvement with an area of 1,821 sq. ft. 603 SW 53 rd Terrace Block. Lot 28 and C Megan Polk, Planner I Mike Struve, AICP, Planning Team Coordinator Derek C.S. Burr, AICP, Planning Manager Approval with condition Infill Site Visit: July 30, 2015 Property Description: The subject property is a 13,540± sq. ft. parcel that is improved with a single-family home and a 1,131 sq. ft. marine improvement. The property has a future land use classification of Single-Family and is zoned Single-Family Residential (R-1B). The property has frontage and driveway access from SW 53 rd Terrace that is classified as a local street. The property also has an estimated 185 ft. of linear water frontage using GIS along Britannia Lake. The width of this water body ranges from 8 ft to 825 ft. 1 along the length of applicant s property line. The existing marine improvement consists of a dock that runs the length of the water frontage line, and a boat slip. The surrounding area consists of single-family homes and share the same future land use and zoning designation as the subject property. Project Description: The applicant is requesting a 621 sq. ft. deviation from LUDR, Section D that caps the maximum area of a marine improvement to 1,200 sq. ft., to allow an expanded marine improvement with an area

3 DE July 31, 2015 Page 2 of 3 of 1,821 sq. ft. The deviation will allow the applicant to add a second boat slip with decking near the north property line. No part of the proposed addition will exceed the 30-foot maximum projection into Britannia Lake. Analysis: The Planning Division has reviewed this application based on LUDR, Section , Marine Improvements, and offers the following analysis for consideration: LUDR, Section B.2 allows for deviations for marine improvements based upon the following language: 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 The intent of the marine improvement regulations is to protect the navigability of canals and the aesthetics of waterfront properties by restricting the area and projection of marine improvements through the application of a formula that considers canal width and the amount of linear water frontage of the subject property. Based solely on the formula found in LUDR, Section D.1, that calculates the maximum area allowed, the subject property would be allowed a marine improvement with a maximum of 2,475 sq. ft. However, these regulations also state that no marine improvement shall exceed 1,200 sq. ft. Staff notes that this ordinance does not take into account properties that have significantly greater water frontage, similar to the applicants property, compared to the more commonly encountered two-lot platted home sites with a water frontage length of 80 feet. The subject property has a water frontage length of approximately 185 linear ft. along Britannia Lake. Staff finds that the proposed marine improvement expansion will not present navigability concerns because of the width of the water body at the applicant s property and the proposed marine improvement will be well within the maximum water projection distance of 30 feet for this structure. Moreover, the requested deviation will not affect visibility along the lake because of the width of Lake Britannia at the applicant s property and as a result will not be injurious to surrounding residents. Recommendation: Planning Division staff finds that the proposed marine improvement will not negatively impact the navigability of the subject canal, will not be an endangerment to existing marine structures, and that the deviation request is consistent with the general intent of the LUDRs and the public interest. Consequently, the Planning Division recommends approval of the requested deviation with the following condition: 1) The proposed addition shall be consistent with the drawing identified as Sheet L-1, dated May 21, 2015, prepared by Stokes Marine, Inc., and that appears as Exhibit A to this report.

4 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 DEVELOPMENT REGULA- TIONS, ARTICLE III, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF SIX HUNDRED TWENTY-ONE (621) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSAND TW0 HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK WITH ONE THOUSAND EIGHT HUNDRED TWENTY-ONE (1,821) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-FIVE (185) FEET OF WATER FRONTAGE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 28 AND 29, BLOCK, UNIT 44, PART 1, SUBDIVISION; PROPERTY IS LOCATED AT 603 SW 53rd TERRACE. FURTHER that an application has been received from IVOR AND NAN- CY JONES. 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 Wednesday, September 2 nd,2015 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. Contact the City Clerk at least 48 hours prior to the meeting. 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, ; or comdev@capecoral.net. For further information, please call Megan Polk at (239) by order of Rebecca van Deutekom, MMC City Clerk REF # DE Sunday, August 23rd, 2015

5 DE 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 SIX HUNDRED TWENTY-ONE (621) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSAND TWO HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK WITH ONE THOUSAND EIGHT HUNDRED TWENTY-ONE (1,821) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-FIVE (185) FEET OF WATER FRONTAGE IN A SINGLE- FAMILY RESIDENTIAL (R-1B) ZONE ON PROPERTY DESCRIBED AS LOTS 28 AND 29, BLOCK, UNIT 44, PART 1, SUBDIVISION; PROPERTY IS LOCATED AT 603 SW 53rd TERRACE; PROVIDING AN EFFECTIVE DATE. WHEREAS, an application by IVOR AND NANCY JONES 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 of Cape Coral, and the presentation made by the Applicant before this Board at a public meeting on the request for A DEVIATION OF SIX HUNDRED TWENTY- ONE (621) SQUARE FEET FROM THE MAXIMUM SQUARE FOOTAGE OF DOCK AREA ALLOWANCE OF ONE THOUSAND TWO HUNDRED (1,200) SQUARE FEET TO PERMIT A DOCK WITH ONE THOUSAND EIGHT HUNDRED TWENTY-ONE (1,821) SQUARE FEET IN AREA TO PROJECT FROM A PARCEL WITH ONE HUNDRED EIGHTY-FIVE (185) FEET OF WATER FRONTAGE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE on the below described property: LEGAL DESCRIPTION: LOT(S) 28 AND 29, BLOCK, UNIT 44, PART 1, CAPE CORAL SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE(S) 113 THROUGH 121, INCLUSIVE, OF THE PUBLIC RECORDS OF LEE COUNTY, ORIDA. PROPERTY LOCATED AT: 603 SW 53rd TERRACE 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.

6 Section 2. The applicant shall meet the following terms and conditions: The proposed addition shall be consistent with the drawing identified as Sheet L-l, dated May 21, 2015, prepared by Stokes Marine, Inc. 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, CHAIRMAN 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: BRIANR. BARTOS ASSISTANT CITY ATTORNEY DE /14/15

7 City of Cape Coral Department of Community Development August 21, 2015 RE: RES 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 by Ivor and Nancy Jones. The applicant is requesting a Deviation of six hundred twenty- (621) square feet from the maximum square footage of dock area allowance of one thousand two hundred (1,200) square feet to permit a dock with one thousand eight hundred twenty-one (1,821) square feet in area to project from a parcel with one hundred eighty-five (185) feet of water frontage in a single family residential (R-1B) zone. The property is located at 603 SW 53 rd Terrace. The Cape Coral Board of Zoning Adjustment and Appeals will hear Resolution DE at a Public Hearing on Wednesday, September 2 nd, 2015, 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 call Megan Polk at or at mpolk@capecoral.net. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida comdev@capecoral.net

8 Department of Community Development PLANNING DIVISION 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

9 Department of Community Development PLANNING DIVISION 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

10 SW 5TH PL 500' Proximity Boundary CITY OF Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary Case No. DE Lot:28-29 Legend 500'_boundaryl Subject Parcel SubjectParcel Zoning R1B Canals/Lakes SW 53RD TER SW 53RD TER µ BRITANNIA LAKE August 10, 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. SRB

11 500 FT BOUNDARY PROPERTY OWNERS -DE Ivor and Nancy Jones Owner Strap Block/Lot C Owner Information AGYBE LLC 704 SW 53RD TER Zoning U 704 SW 53RD TER R1BW SF C AGYBE LLC 5708 SW 10TH AVE 5235 SW 5TH PL R1BW SF C AGYBE LLC 5708 SW 10TH AVE 527 SW 53RD TER R1BW SF C BARACSKAI THOMAS S + BRYN E 5231 SW 5TH PL 5231 SW 5TH PL R1BW SF C BREUER MARTIN + HEIKE 5404 SW 6TH AVE 5404 SW 6TH AVE R1BW SF C BROTHERS ROBERTA 618 SW 53RD TER 618 SW 53RD TER R1BW SF C BROWN LEAH TR 526 SW 53RD TER 526 SW 53RD TER R1BW SF C CONRADSON ERIC P + PAULA T WARWICK D 611 SW 53RD TER R1BW SF BROOKFIELD WI C DENNIS ROBERT L + LINDA K 604 SW 53RD TER 604 SW 53RD TER R1BW SF C HEINIG JENS + WIND 23 6 SW 53RD TER R1BW SF C HOHENSTEIN ERNS HEUN LINDA M 626 SW 53RD TERR 626 SW 53RD TER R1BW SF Monday, August 10, 2015 Page 1 of 3

12 Owner Strap Block/Lot C Owner Information HOWARD JOSEPH G + LINDA J 623 SW 53RD TER Zoning U 623 SW 53RD TER R1BW SF C JONES IVOR + NANCY 131 WHEELER AVE 603 SW 53RD TER R1BW SF DIRCHESTER ON N0L 1G C KEYAK KATHRYN E 600 SW 53RD TER 600 SW 53RD TER R1BW SF C KOCH TORSTEN + DIANA 5364 DELANO CT 53 SW 5TH PL R1BW SF C4000 KOENEN JUERGEN AN DER MAELZER 608 SW 53RD TER R1BW SF C4000 MEISENHEIM LANGENBACH HEIMO W + MANUELA C 519 SW 53RD TER 519 SW 53RD TER R1BW SF C LAQUIDARA ANTHONY + ROSE 5408 SW 6TH AVE 5408 SW 6TH AVE R1BW SF C MANSSON H ANDERS 523 SW 53RD TERR 523 SW 53RD TER R1BW SF C MCCULLEY MARK A + DENISE L PO BOX SW 53RD TER R1BW SF OAKVILLE IA C MILLER JUDITH A 515 SW 53RD TER 515 SW 53RD TER R1BW SF C NEAIL STUART A + MARY S 516 SW 53RD TER 516 SW 53RD TER R1BW SF C PACCIONE JOSEPH C + BARBARA A 619 SW 53RD TER 619 SW 53RD TER R1BW SF Monday, August 10, 2015 Page 2 of 3

13 Owner Strap Block/Lot C Owner Information PICKERING CHARLES D + CRENDA J 614 SW 53RD TER Zoning U 614 SW 53RD TER R1BW SF C PITT HOWARD N SW 171ST TE 607 SW 53RD TER R1BW SF MIRAMAR C SCHOU ANNE 58 SW 5TH PL 58 SW 5TH PL R1BW SF C SCHOU LILLY S BLOOMFIEL 54 SW 5TH PL R1BW SF ORLANDO C SCHOU MORN 5232 SW 5TH PL 5232 SW 5TH PL R1BW SF C SCHWERDTFEGER BRUCE R + RONDA 5401 SW 6TH AVE 5401 SW 6TH AVE R1BW SF C TONEY SYBIL SW 53RD TER 703 SW 53RD TER R1BW SF C ZEDRO STELLA A 615 SW 53RD TERR 615 SW 53RD TER R1BW SF C ZIMMERMAN SOL S 47 PINE HILL RD 5403 SW 6TH AVE R1BW SF GREAT NECK NY Monday, August 10, 2015 Page 3 of 3