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7 Aerial DE August 16, 2017 Page 5 of 7

8 Site Plan: DE August 16, 2017 Page 6 of 7

9 DE August 16, 2017 Page 7 of 7

10 Planning Division Case Report DE Review Date: August 16, 2017 Owner/Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: Lifes A Vacation LLC Hooker Marine Construction The applicant requests a 608-sq. ft. deviation to Section D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 1,808 sq. ft Mikado Ct. Block 0031, Lots 29, 30 & C Justin Heller, Planner Mike Struve, AICP, Planning Team Coordinator Robert Pederson, AICP, Planning Manager Approval Property Description: The 19,828-sq. ft. site is improved with a single-family home and marine improvements that include a seawall, boat lift, and dock. The surrounding area consists of single-family homes. The site and all surrounding properties have a Single Family Residential (SF) Future Land Use Classification and Single-Family Residential (R-1B) Zoning. The site is at the intersection of Malibu Canal and Lafayette Canal and has 295 ft. of combined water frontage. Lafayette Canal is 200 ft. wide at the applicant s property and Malibu Canal ranges from 80 ft. to 97 ft. wide along the length of the applicant s property. Project Description: The applicant proposes to construct the following: 1. A new four-foot-wide, 1,180-sq. ft. Captain s Walk. 2. A 108-sq. ft. boat dock with two slips and two lifts, having a projection of 20 ft. into Malibu Canal. 3. A 520-sq. ft. dock with seating area, having a projection of 30 ft. into Lafayette Canal.

11 DE August 16, 2017 Page 2 of 7 A site plan for the proposed marine improvements is provided below. LUDR, Section D restricts marine improvements to a maximum area of 1,200 sq. ft. The applicant requests a 608-sq. ft. deviation for a marine improvement with 1,808 sq. ft. 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 The site has 295 ft. of water frontage. A maximum projection of 20 ft. is allowed in Malibu Canal, while a maximum projection of 30 ft. is allowed in Lafayette Canal. Using the applicant s water frontage and allowable projection, the following formula calculates the maximum area allowed for a marine improvement on the site. (295 Frontage) 20 x ½ (20 Projection) = 2,750 sq. ft. Analysis: The Planning Division has reviewed this application based on LUDR, Section 3.16, Marine Improvements, and offers the following analysis: LUDR, Section C allows for deviations for marine improvements based upon the following general standards: 1. The deviation is not contrary to the public interest. The proposed marine improvements comply with the maximum allowed projections into the two canals. These improvements will also comply with the 12 ft. side setbacks. There is sufficient width in the two canals to accommodate the marine improvements, and neither improvement will interfere with navigability or views of the waterway. 2. The deviation will be in harmony with the general intent and purpose of this section. The intent of the regulation is to protect the navigability of canals and the aesthetics of waterfront properties by limiting the maximum area of marine improvements through the application of a formula that considers canal width and the amount of linear water frontage of the site. Based solely on the formula found in LUDR, Section D.1, that calculates the

12 DE August 16, 2017 Page 3 of 7 maximum area allowed, the site would be allowed a marine improvement with a maximum area of 2,750 sq. ft. The regulation also states that no marine improvement shall exceed 1,200 sq. ft. Staff notes that this ordinance was likely intended for standard-sized lots and does not take into account sites with significantly greater water frontage, similar to the applicants property. 3. Conditions do not exist which are the result of the applicant. The applicant has a platted property with 295 linear ft. of water frontage, which is more than three times that of a standard 80 ft. wide lot. It can be reasonably expected that a larger marine improvement could be accommodated on the applicant s larger property. Therefore, conditions do not exist which are a result of the applicant. 4. A literal enforcement of the regulations involved would result in unnecessary or undue hardship. The property has 295 ft. of frontage on two intersecting canals. The owner could reasonably expect to construct a larger marine improvement to fully utilize their property. The formula in LUDR, Section D.1 would allow the applicant a marine improvement that is over two times the stated maximum improvement area. The inability to construct an improvement over the 1,200 sq. ft. maximum could be considered a hardship because the formula considers factors that affect navigability and safety. The area of the improvement would be appropriate for the site and does not affect the waterways or surrounding neighbors, therefore, the applicant s inability to construct the improvement can be considered an undue hardship. Specific Deviation Review Criteria Pursuant to LUDR Section C 1. Effect of proposed deviation on navigability of the waterway involved. The boat lifts will project 20 ft. (25%) into Malibu Canal and the dock with seating area will project 30 ft. (15%) into Lafayette Canal. These marine improvements should have no effect on the ability of others to traverse these canals. 2. Design, size and proposed location of the marine improvement for which the deviation is sought. The design and location of the marine improvements meet City code requirements. The collective area of the marine improvements does not exceed the maximum area of 2,750 sq. ft. as calculated by the formula provided in Section D Effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway.

13 DE August 16, 2017 Page 4 of 7 The proposed boat lifts and dock meet all setback requirements. The deviation should have no negative effects on the existing marine improvements in the canals. 4. Is the minimum deviation from the provisions of the applicable section necessary to avoid the unnecessary or undue hardship required herein. The proposed deviation is not necessarily the minimum deviation, however, a 1,808-sq. ft. dock is significantly less than the 2,750 sq. ft. that would be permitted using the formula in Section D.1. The area of the marine improvement would be appropriate for the site given the large amount of water frontage which is about three times that of a standard sized lot. Comprehensive Plan: The project is consistent with Objective 1.3 and Policy of the Conservation and Coastal Management Element of the Comprehensive Plan. The deviation does not propose introducing any new fueling or repair facilities in a residential area. Recommendation: Planning staff finds that the proposed deviation meets the intent of the City LUDRs and meets the requirements for a deviation under LUDR, Section B.2. The Planning Division recommends approval of the requested deviation with the following condition. 1) The dock shall be consistent with the attached site plan drawing provided by Hooker Marine Construction.

NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: DE17-0027 REQUEST: The applicant requests a 608-sq. ft. deviation to Section 3.16.2.D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 1,808 sq.

Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 AM on Tuesday, September 19 th, 2017 on the above mentioned case.

14 NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: DE REQUEST: The applicant requests a 608-sq. ft. deviation to Section D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 1,808 sq. ft. LOCATION: 5352 Mikado Court CAPE CORAL STAFF CONTACT: Justin Heller, Planner PROPERTY OWNER(S): Lifes A Vacation LLC AUTHORIZED REPRESENTATIVE: Hooker 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, September 19 th, 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

15 MIKADO C ANA L MIKADO CT MALIBU CANAL MALIBU CT CITY OF CAPE CORAL Department of Community Development Planning Division Case No. DE Subject Parcel SUBJECT PARCEL LAFAYETTE CANAL µ JULY 31ST, 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

16 500' PROXIMITY BOUNDARY MALIBU CANAL MIKADO CT CITY OF CAPE CORAL Department of Community Development Planning Division MAYFAIR CANAL MALIBU CT MIKADO CANAL NAUTILUS DR CURRENT ZONING MAP 500' Proximity Buffer Case No. DE LEGEND 500' Proximity Boundary Subject Parcel Zoning R-1B LAFAYETTE CANAL SUBJECT PARCEL µ JULY 31ST, 2017 LUCERNE AVE LORRAINE CANAL LUCERNE CANAL RIVERSIDE DR 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 occur. Please contact the Department of Community Development with any questions regarding this map product.

17 Owner_Name Mailing_Ad Mailing_Ci MailinMailing_Zi LAWRIE ROBERT T + LUCILLE E 3189 MADERNA RD BURLINGTON ON L7M 2W3 CAN KOBER STEFAN ICHENHAUSER STRASSE 14 KOETZ GERMANY NAGL THOMAS + NAGL-NILL NADINE H/W AMSELWEG 15 GRAFENAU GERMANY NESER ULRICH TR NESER FAMILLY TRUST AM GRUENBORN KIRCHHEIM GERMANY REUBENS MICHEL + PIETERS BENEDICTE T/C 56 RUE DE LA VICTOIRE 8047 STRASSEN LUXEMBOUR 5325 MALIBU COURT LLC 5331 MALIBU CT CAPE CORAL FL AHLSTROM KURT V + DENISE A 5346 MIKADO CT CAPE CORAL FL BERTHOLDT CORNELIUS VESTEVA MANAGEMENT PC PO BOX CAPE CORAL FL BIG WOODS PROPERTIES LLC 415 MAIN ST NERSTRAND MN BULLOCK CURTIS D + CAROLYN H 1144 LUCERNE AV CAPE CORAL FL BULLOCK HOLLY RUTH 1138 LUCERNE AVE CAPE CORAL FL CANSFIELD GENE ANN Z 5333 MALIBU CT CAPE CORAL FL CASPERS ELAINE M ALLWINE TR ELAINE M ALLWINE-CASPERS TRUST 5345 MIKADO CT CAPE CORAL FL CAVALLO VICTOR J + LOIS CEA 186 ROWAYTON WOODS DR NORWALK CT FIJMAN ALISON H TR FOR ALISON H FIJMAN TRUST 1134 LUCERNE AV CAPE CORAL FL GOETZ JENS 6116 TARPON ESTATES BLVD CAPE CORAL FL GREEN KENNETH & MARIANNE 5945 TARPON GARDENS CIR APT 201 CAPE CORAL FL HAAG BRIAN & KRISTIN A 5715 FLAMINGO DR CAPE CORAL FL HEIMES MICHELLE MILL RD MURDOCK NE HENDRY MARK 5344 MALIBU CT CAPE CORAL FL HOLT JACK W + SUSAN M 1152 LUCERNE AVE CAPE CORAL FL HOWELL CARROLL S II + JUDITH + PFAENDER THOMAS G + SHERRY L T/C 5607 RIVERSIDE DR CAPE CORAL FL HUCUL FRANK + HUCUL BETTY ANN 9 LUDLOW CT BRANFORD CT IRWIN TOM 1802 WILLOW DR HUDSON WI KERN THOMAS HERMANN GEORGE 5358 MALIBU CT CAPE CORAL FL KOCH TORSTEN 3319 SW 11TH CT CAPE CORAL FL KOHNE LORALYN L TR FOR LORALYN L KOHNE TRUST 1148 LUCERNE AVE CAPE CORAL FL KREUTZ CHUCK TR FOR CHARLES L KREUTZ REVOCABLE TRUST 4226 COREY RD TOLEDO OH LIFES A VACATION LLC SMITH CREEK RD WARRENTON MO LUIS DE LA PUENTE & VIVIAN M. BARAHONA PALOMO 5333 MIKADO CT CAPE CORAL FL MALO GILLES 5334 MIKADO CT CAPE CORAL FL MCMILLEN CAROL J 5328 MALIBU CT CAPE CORAL FL METZ VIVIAN M 5343 MAYFAIR CT CAPE CORAL FL MITCH MICHAEL + CAROLYN 5362 MALIBU CT CAPE CORAL FL NGUYEN TRUNG HUU & TIENBICH 6015 LAKESIDE MANOR AVE INDIANAPOLIS IN NORDQUIST BARBARA N TR FOR BARBARA N NORDQUIST TRUST 5363 NAUTILUS DR CAPE CORAL FL PARENT RONALD E + NICOLE 5343 MALIBU CT CAPE CORAL FL PISULA THOMAS + LESLIE 1030 LEGEND WAY SCOTTDALE PA PLONSKY RICHARD DANIEL TR FOR PLONSKY TRUST 917 POWDER HORN RD SUN PRAIRIE WI PLOTKA JEAN E + RONALD T 5622 RIVERSIDE DR CAPE CORAL FL PROMOS BARRY + MARIANNE 5338 NAUTILUS DR CAPE CORAL FL RAWSON TIMOTHY J + REBECCA S 5347 MALIBU CT CAPE CORAL FL REYNOLDS ROGER G TR FOR ROGER G REYNOLDS TRUST 5329 MIKADO CT CAPE CORAL FL SALENIUS SHARON A + SMITH WALTER L JR W/H 5326 MIKADO CT CAPE CORAL FL SEIBERT MICHAEL 1127 LUCERNE AVE CAPE CORAL FL SH PELED LLC PO BOX SAN DIEGO CA SLOAN JAMES F + PATRICIA C 5331 MALIBU CT CAPE CORAL FL SLOAN JAMES F + PATRICIA C 5331 MALIBU CT CAPE CORAL FL SLOWIK LAWRENCE 1130 LUCERNE AVE CAPE CORAL FL SOUZA RICHARD + MARY 5330 MIKADO CT CAPE CORAL FL STEDELBAUER WILLIAM + E JEANNE 5360 MIKADO CT CAPE CORAL FL SUBIC JOSEPH JR & AMANDA C 5336 MALIBU CT CAPE CORAL FL THOMAS JUSTIN G 1131 LUCERNE AVE CAPE CORAL FL TITMUSS MICHAEL J 5348 MALIBU CT CAPE CORAL FL TRESSLER JIM + BARBARA 5355 NAUTILUS DR CAPE CORAL FL VITELLO MARK S + MARTHA E 4 LAUREN CT MANALAPAN NJ 07726

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