Authorized James Williamson, Williamson Bros. Marine Construction. A 454 sq. ft. deviation to the maximum 1,200 sq.ft. allowed for marine improvements

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Planning Division Case Report DE17-0011 Review Date: May 2, 2017 Property Owner: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Christine Kozsey

3 Planning Division Case Report DE Review Date: May 2, 2017 Property Owner: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Christine Kozsey James Williamson, Williamson Bros. Marine Construction A 454 sq. ft. deviation to the maximum 1,200 sq.ft. allowed for marine improvements 105 SW 51 st Terrace Unit 3, Block 179, Lots 36 and 37 and South 10 feet of Lot 35, C Kathy Eastley, AICP, Senior Planner Mike Struve, AICP, Mike Struve, AICP, LEED Green Associate Planning Team Coordinator Robert Peterson, AICP Planning Division Manager Approval with conditions Project Description: The ± 15,053 sq. ft. site has a single-family home and 804 sq. ft. of marine improvements, including a dock, Captain s Walk, and boat lift. The corner lot fronts on the 180-foot wide San Carlos Canal and the 80- foot wide San Juan Canal. Access is from SW 51 st Terrace. The applicant requests a 454 sq. ft. deviation to allow marine improvements of 1,654 sq. ft. The Land Use and Development Regulations (LUDRs) Section 3.16 restricts marine improvements to a maximum of 1,200 sq. ft. Figure 1- Aerial of Site

4 DE May 2, 2017 Page 2 of 5 LUDR, Section D.1 states, For parcels with more than 40 feet of water frontage, the maximum deck surface area coverage shall be calculated as follows: the linear feet of water frontage of the parcel minus 20 feet times one-half times the linear feet of the maximum projection into the waterway (25% of the calculated width of the waterway or 30 feet, whichever is less). 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 Based upon the site s water frontage and the allowable water projection (maximum projection utilized based upon width of San Juan Canal), the following formula would be used to calculate the maximum area allowed for a marine improvement. 260 (water frontage) 20 x ½ x 20 (allowed projection) = 2,400 sq. ft. The proposed marine improvement consists of an additional 850 sq. ft. dock and Captain s Walk on the San Carlos Canal, as shown in the Figure 2. This is in addition to the existing 804 sq. ft. of marine improvements that include a dock, boat lift, and Captain s Walk with a maximum projection of 20 feet in the San Juan Canal. The proposed improvement would extend 15 feet in the San Carlos Canal. Existing Improvements in Blue Proposed Improvements in Green Figure 2 -Existing and Proposed Marine Improvements

5 DE May 2, 2017 Page 3 of 5 Analysis: The Planning Division has reviewed this application pursuant to LUDR, Section B.2, Marine Improvements, and offers the following analysis for consideration: LUDR, Section allows for deviations for marine improvements based upon the following standards: 1. The deviation is not contrary to the public interest. Staff Comment: The deviation will not be contrary to the public interest as the marine improvement should not impair navigability or affect neighboring views. Most of the improvements are on a 180- foot wide canal that provides adequate space for navigability following construction. A Captain s Walk on the 80-foot wide canal will not impair navigability or affect neighbor s views. 2. The deviation will be in harmony with the general intent and purpose of this section. Staff Comment: The intent of the marine improvement ordinance is to protect the navigability of canals and canal views of waterfront properties by restricting the area and projection of marine improvements. This is done through application of a formula that factors in canal width and the length of water frontage. Based on the formula the site would be allowed marine improvements of 2,400 sq. ft. However, the ordinance also states that no marine improvement shall exceed 1,200 sq. ft. Staff notes that this ordinance is primarily intended for the standard 10,000 sq. ft. platted properties and does not consider sites with greater water frontage or properties on canals with widths exceeding 80 feet. Although the San Juan Canal is 80 feet in width, the San Carlos Canal is 180 foot wide, and the site has about 30% more frontage than a typical lot. 3. Conditions do not exist that are not the result of the applicant. Staff Comment: The site is a platted property at the end of a local street. The owner is not entitled to a larger marine improvement given the area of the site due to the 1,200 sq. ft. maximum. However, there is a reasonable expectation that larger properties can support larger improvements if they do not affect the health, safety, and welfare of the community. 4. A literal enforcement of the regulations involved would result in unnecessary or undue hardship. Staff Comment: Planning staff finds that the formula would allow the applicant to have a marine improvement twice the maximum area of 1,200 sq. ft. The inability to construct an improvement that is just slightly larger than the maximum in this case could be considered a hardship because the formula considers factors that affect navigability and safety. The area of the improvement is appropriate for the site and does not affect the canals, therefore, the applicant s inability to construct the improvement can be considered an undue hardship. Compliance with the Comprehensive Plan: The project is consistent with Objective 1.3 and Policy of the Conservation and Coastal Management Element of the Comprehensive Plan. Objective 1.3 requires the City to

6 DE May 2, 2017 Page 4 of 5 adopt and maintain, consistent with the provisions of Section Florida Statutes, land development regulations to direct the management of water-dependent facilities. Policy does not permit fueling or repair facilities within residential zoning classifications. The deviation does not propose introducing any fueling or repair facilities in a residential area. Recommendation: Planning staff finds that the marine improvement will not negatively impact the navigability of the subject canals and that the deviation request is within the general intent of the LUDRs and the public interest. The Planning Division recommends approval of the deviation with the following conditions. 1) The applicant shall apply for and receive a building permit for the marine improvement. 2) The proposed addition shall be consistent with the drawing, identified as Exhibit A, provided by the applicant.

7 EXHIBIT A DE May 2, 2017 Page 5 of 5

NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: DE17-0011 REQUEST: A 454 sq. ft.

net PROPERTY OWNER(S): Christine Kozsey AUTHORIZED REPRESENTATIVE: James Williamson, Williamson Bros.

8 NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: DE REQUEST: A 454 sq. ft. deviation to the maximum 1,200 sq.ft. allowed for marine improvements LOCATION: 105 SW 51 st Terrace CAPE CORAL STAFF CONTACT: Kathy Eastley, AICP, Senior Planner, keastley@capecoral.net PROPERTY OWNER(S): Christine Kozsey AUTHORIZED REPRESENTATIVE: James Williamson, Williamson Bros. Marine Construction UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 AM on Tuesday, June 6, 2017 on the above mentioned case. The public hearing will be held in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL. All interested parties are invited to appear and be heard. All materials presented before the Hearing Examiner will become a permanent part of the record. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. Copies of the staff report will be available 5 days prior to the hearing. The file can be reviewed at the Cape Coral Community Development Department, Planning Division, 1015 Cultural Park Blvd., Cape Coral, FL. DETAILED INFORMATION: The case report 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. The public hearing may be continued to a time and date certain by announcement at this public hearing without any further published notice. HOW TO CONTACT: 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 your 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, FL The hearings may be continued from time to time as necessary. ADA PROVISIONS: 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. APPEALS: If a person decides to appeal any decision made by the Hearing Examiner 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. Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

9 SAN PEDRO SAXONY Subject Parcel SW 51ST TER SAXONY CT SAN CARLOS SAN JUAN CITY OF CAPE CORAL Department of Community Development Case # DE Subject Parcel µ SW 52ND ST Map Date: May 23, 2017 Aerial Date: Feet SORRENTO RIALTO 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.

SW 51ST ST SW 51ST S T SE VILLE CT CITY OF CAPE CORAL Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary SAN PEDRO SAXONY Case No.

10 SW 51ST ST SW 51ST S T SE VILLE CT CITY OF CAPE CORAL Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary SAN PEDRO SAXONY Case No. DE Subject Parcel Legend SW 51ST TER Subject Parcel 500' Boundary R-1B SAN JUAN SAN CARLOS SAXONY CT Canals/Lakes SW 52ND ST SORRENTO µ 500' Proximity Boundary SW 52ND TER RIALTO SORRENTO CT MAY 18, 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

11 Owner_Name Mailing_Ad Mailing_Ci Mai Mailing_Zi BULLARD CHRISTOPHER E + MULHOLLAND BARBARA ANNE J/T WESTSHORE RD VERNON BC V1H 2C2 CA DMARG INVESTMENTS LTD PO BOX RPO YORK MILLS PLAZA NORTH YORK ON M2L 2Y4 CA I + L U S HOLDINGS LP 2C-221 WELLINGTON CRES WINNIPEG MB R3M 0A1 CA TCHADERJIAN ALAIN + BALTADJIAN ARCHALOUISE 21 DESBARATS ST KIRKLAND QC H9J 2P1 CA KIRCHMAIR MANFRED + ANNETTE + KIRCHMAIR WALTRAUD J/T BEETHOVEN RING SEEHEIM-JUNGENHEIM GERMANY PETSCHULAT WOLFGANG + GERLINDE DISSELHOFFSTR 9 D DORTMUND GERMANY SIMREN CHRISTER OSKARSSON & ELLEBO HELENE ELISABET GREVGATAN 13 APT1201 STOCKHOLM STOCKHOLM SE SWE THROUP M R + STEPHANIE A + THROUP F O + JOYCE E J/T STADWAY MANOR STADWAY MEADOW SIDMOUTH EX10 8TB UNITED KING 5042 SAXONY COURT LLC 209 SE 5TH AVE DELRAY BEACH FL ANBEFA LLC 1224 SE 47TH ST # 404 CAPE CORAL FL BARKER ANDREA 115 SW 52ND TER CAPE CORAL FL BLUVAS TED F + LYNN E 88TH ST LEES SUMMIT MO CHRICLAR CORP 1318 LAFAYETTE ST CAPE CORAL FL COHEN MICHAEL A + RITA J 123 SW 52ND TER CAPE CORAL FL DANIS GARY P + ELAINE M 135 SW 51ST TER CAPE CORAL FL DEEGAN WILLIAM G 4988 SEVILLE CT CAPE CORAL FL DIMPEL ELLA + SMITH KATHLEEN ANN J/T 5710 MAGIE ST BALTIMORE MD EISENKECK FRIEDRICH + NADJA 1434 SW 51ST LN CAPE CORAL FL EWELL CHARLES S JR + SALCEDO ARLYNE B H/W 115 SW 51ST TER CAPE CORAL FL HAHN JOANN F 118 SW 51ST TER CAPE CORAL FL HERZ BRUCE S + NANCY E 129 SW 52ND ST CAPE CORAL FL HINDEMITH NATHAN J + KAREN E 193 E GROVE ST MIDDLEBORO MA HITE ROBERT H JR PO BOX 3385 APOLLO BEACH FL HUSMAN GEORGE E + JOYCE A TR FOR GEORGE + JOYCE HUSMAN TRUST 119 SW 52ND TER CAPE CORAL FL JENNISON KATHLEEN 5045 SAXONY CT CAPE CORAL FL JOHANSEN HARALD 122 SW 52ND ST CAPE CORAL FL KENNEDY JAMES L + AILEEN R 114 SW 51ST ST CAPE CORAL FL KINNEY LAWRENCE G + DEBRA G 2260 SAVANNAH LN LEXINGTON KY KNICKERBOCKER DAVID A + KNICKERBOCKER ELIZABETH C H/W 122 SW 51ST TER CAPE CORAL FL KOZSEY CHRISTINE 105 SW 51ST TER CAPE CORAL FL LINK THOMAS + NELLY 127 SW 51ST TER CAPE CORAL FL MANNELLA GARY R SR + CAROL W 111 SW 52ND ST CAPE CORAL FL MARTIN JAMES H + PATRICIA L/E 4984 SEVILLE CT CAPE CORAL FL MCCUSKER KEVIN P + MARY E 998 SHAVERTOWN RD GARNET VALLEY PA MCWILLIAM LINDA J + MCWILLIAM ALEXANDER B W/H 105 SW 52ND ST CAPE CORAL FL MELLO BRUCE A + DONNA ANN 118 SW 52ND ST CAPE CORAL FL MUGNOLO CHARLES R + DONNA KAYE 111 SW 51ST ST CAPE CORAL FL NOROWSKI MARILYN 130 SW 51ST ST CAPE CORAL FL PA CORAL LLC 419 S 2ND ST STE 301 PHILADELPHIA PA PETERSON EARL L + GOBBI MAUREEN G J/T 107 SW 51ST ST CAPE CORAL FL PIATKOWSKI MARIE L/E 111 SW 52ND TER CAPE CORAL FL RAMP STEPHEN H + JANE M 126 SW 52ND ST CAPE CORAL FL RAMSDEN JERRY TR FOR JERRY D RAMSDEN TRUST 2680 MIDDLEBURY LN BLOOMFIELD HILLS MI REINKE JOHN E 137 SW 52ND ST CAPE CORAL FL RIGONI LERNEDA J TR FOR LERNEDA J RIGONI TRUST 126 SW 51ST TER CAPE CORAL FL RODRIGUEZ JAY + VALERIE 5055 SAXONY CT CAPE CORAL FL 33904

12 ROYSTON ROBERT D JR + ROYSTON KATHERINE L H/W 134 SW 52ND ST CAPE CORAL FL SANDUSKY MARGARET M 6204 COTTAGE RIDGE PL LOUISVILLE KY SCHERB RUTH C TR FOR RUTH C SCHERB TRUST 131 SW 51ST TER CAPE CORAL FL SHRAWDER LAWRENCE A 107 SW 53RD TER CAPE CORAL FL SKABAR NANCY L TR FOR NANCY L SKABAR TRUST 107 SW 51ST TER CAPE CORAL FL STARK THOMAS W & JESSICA E 1049 JEROME RD FRANKLIN SQ NY SZCZEPANSKI JOYCE D 114 SW 52ND ST CAPE CORAL FL TAAKE GARY R + KATHLEEN TH AVE MEADOW GROVE NE WATER SUN + FUN CORP 3306 SE 22ND AVE CAPE CORAL FL WILLIAM KNUDSEN TRUST + PAMALA LEE DAWSON TRUST 119 SW 51ST TER CAPE CORAL FL WOLFERT DONALD P N54W35822 HILL RD OCONOMOWOC WI 53066

Planning Division Case Report DE Review Date: April 14, Authorized

Planning Division Case Report DE16-0056 Review Date: April 14, 2017 Owner/Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Samir Salman Terry