The purpose of this letter is to obtain a deviation from the City of Cape Coral Land Use and Development Regulation (2).

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Giles Skinner
5 years ago
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3812 SE 18 111 PL. Caoe Coral. Florida 33904 Phone: (239) 243-4011 E-mail: rmoreau(@comcast.net Prepared For: City of Cape Coral PO Box 150027 Cape Coral FL.

The deviation being requested is to construct an additional 104 sq ft dock to the existing dock of 892 sq ft. This was originally what Mr. Moore had before he rebuilt the dock.

1 3812 SE PL. Caoe Coral. Florida Phone: (239) Prepared For: City of Cape Coral PO Box Cape Coral FL May 11, 2017 RE: Marine Improvement deviation for The purpose of this letter is to obtain a deviation from the City of Cape Coral Land Use and Development Regulation (2). The deviation being requested is to construct an additional 104 sq ft dock to the existing dock of 892 sq ft. This was originally what Mr. Moore had before he rebuilt the dock. The hardship that requires the deviation is the following: The home owner would like to finish out his dock to the property line. His allowable max square feet is 900 for the property, this addition would give him a total of 996.sq. ft. This would not interfere with his neighbor to the right or obstruct any boat activity in the canal system since the addition only projects 5' into the canal. Thank You Richard Moreau 3812 SE 18th PL. Cape Coral, Fl CGC

6 Planning Division Case Report DE Review Date: June 9, 2017 Owner/Applicant: Authorized Representative: Request: Location: Prepared By: Reviewed By: Approved By: Recommendation: John Moore Jayne Marle, Aquamarine Construction, Inc. The applicant requests a 95 sq. ft. deviation to Section D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 995 sq. ft SW 46 th Terrace Block 4966, Lots C Justin Heller, Planner Mike Struve, AICP, Planning Team Coordinator Robert Pederson, AICP, Planning Manager Approval Property Description: The 10,000 sq. ft. site is improved with a single-family home that includes a seawall, dock, and boat lift (Exhibit 1). The surrounding area consists of single-family homes and vacant lots. The site and all surrounding properties have a Single-Family Future Land Use Classification and Single- Family Residential (R-1B) Zoning. The site has 80 feet of water frontage on Miranda Canal which is about 200 feet wide at the applicant s property. Project Background: The applicant proposes to add a five foot wide Captain s Walk to their existing dock. This improvement would add 103 sq. ft. of new deck area, for a total area of 995 sq. ft. for the site (see Exhibit 2). LUDR, Section D.1 states:

7 DE June 9, 2017 Page 2 of 6 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 singlefamily residential dwelling units in R-1, RD, RE, and/or RX zoning districts. The site has about 80 feet of water frontage on Miranda Canal. A marine improvement may extend a maximum of 30 feet into the canal. Based upon the water frontage of the site and the allowable projection, the following formula calculates the maximum area for a marine improvement on the site. (80 Frontage) 20 x ½ (30 Projection) = 900 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 marine improvement complies with the 30 ft. maximum projection into the canal and the 12 ft. side setbacks. There is sufficient width in the 200 ft. wide canal to accommodate the marine improvement. The dock should not 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 canal navigability and aesthetics by limiting the area of marine improvements through the application of a formula that considers canal width and water frontage of a site. The regulation also states that marine improvements shall not exceed 1,200 sq. ft. The proposed dock will be less than the 1,200 sq. ft. maximum allowed by code. There should be no navigation or safety issues accessing the marine improvements on either the site or neighboring properties. Therefore, the deviation will be in harmony with the general intent and purpose of this regulation.

8 DE June 9, 2017 Page 3 of 6 3. Conditions do not exist which are the result of the applicant. The applicant has a platted property on a 200 ft. wide canal which is larger than most canals in the City. It can be reasonably expected that a larger marine improvement can be accommodated on this wider canal as long as it does not interfere with navigability, visibility, or safety. 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 area of the proposed improvement is relatively small. The improvement will extend only five feet into the canal and will provide a continuous walkway along the length of the waterfrontage line. The area of the dock is appropriate for the site and will not negatively impact the canal or surrounding neighbors. The applicant s inability to construct the improvement can be considered a hardship in light of these factors. Specific Deviation Review Criteria Pursuant to LUDR Section C 1. Effect of proposed deviation on navigability of the waterway involved. The dock addition extends less than six ft. into the canal and should have no effect on the ability of boaters to navigate within the waterway. 2. Design, size and proposed location of the marine improvement for which the deviation is sought. Except for area, the dock meets all City requirements. The area of the dock is less than the maximum 1,200 sq. ft. allowed in Section D. 3. Effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway. The dock complies with all setback requirements. The deviation should have no negative effect on the existing marine improvements in the canal. 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, the 995 sq. ft. dock sought by the applicant is significantly less than the 1,200 sq. ft. maximum allowed code.

9 DE June 9, 2017 Page 4 of 6 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: Based on the above analysis, Staff recommends approval of the deviation with the following condition. 1) The project shall be consistent with the site plan prepared by Aquamarine Construction, which is attached as Exhibit 2 in this report.

10 Exhibit 1: Existing Dock DE June 9, 2017 Page 5 of 6

11 Exhibit 2: Proposed Dock DE June 9, 2017 Page 6 of 6

CASE NUMBER: DE17-0022 NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant requests a 95 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 995 sq.

net PROPERTY OWNER: John Moore AUTHORIZED REPRESENTATIVE: Jayne Marle, Aquamarine Construction, Inc.

12 CASE NUMBER: DE NOTICE TO SURROUNDING PROPERTY OWNERS REQUEST: The applicant requests a 95 Sq. ft. deviation to Section D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 995 sq. ft. LOCATION: 2626 SW 46 th Terrace CAPE CORAL STAFF CONTACT: Justin Heller, Planner, , jheller@capecoral.net PROPERTY OWNER: John Moore AUTHORIZED REPRESENTATIVE: Jayne Marle, Aquamarine Construction, Inc. 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, July 11, 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

NOTICE OF PUBLIC HEARING CASE NUMBER: DE17-0022 REQUEST: The applicant requests a 95 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 995 sq.

13 NOTICE OF PUBLIC HEARING CASE NUMBER: DE REQUEST: The applicant requests a 95 Sq. ft. deviation to Section D of the Land Use and Development Regulations (LUDR) to allow a marine improvement with an area of 995 sq. ft. LOCATION: 2626 SW 46 th Terrace CAPE CORAL STAFF CONTACT: Justin Heller, Planner, , jheller@capecoral.net PROPERTY OWNER: John Moore AUTHORIZED REPRESENTATIVE: Jayne Marle, Aquamarine Construction, Inc. 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, July 11, 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 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. by order of Rebecca van Deutekom, MMC City Clerk REF # DE LEGAL AD - DCD PUBLISH AD: Saturday, July 1, 2017 Department of Community Development Post Office Box Cape Coral, Florida Cultural Park Blvd. Cape Coral, Florida planningquestions@capecoral.net

14 SW 26TH PL SW 46TH ST Subject Parcel SW 46TH TER CITY OF CAPE CORAL MIRANDA CANAL Department of Community Development Case # DE Subject Parcel µ Map Date: June 26, 2017 Aerial Date: 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.

Feet 500' Proximity Boundary 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.

15 SW 46TH ST CITY OF CAPE CORAL Department of Community Development Planning Division ZONING MAP 500 Proximity Boundary SW 26TH PL Case No. DE Block 4966 Lot SW 46TH TER MIRANDA CANAL Subject Parcel ORTEGA CANAL Legend Subject Parcel 500' Boundary R-1B RD IMPROVED N Y Canals/Lakes SW 47TH TER µ JUNE 5, Feet 500' Proximity Boundary 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

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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