Book 137 . Page /1/

Agenda Item 15Meeting of 8/22/12

RESOLUTION 12-13149

A RESOLUTION DETERMINING PETITION 12-N1 FOR EXPANSION OF A NON-CONFORMITY TOALLOW THE VERTICAL AND HORIZONTAL EXPANSION AND RENOVATION OF A MAIN HOUSE ANDGUEST HOUSE ALONG THE EXISTING NONCONFORMING SETBACKS LOCATED AT 391 11TH AVENUESOUTH, OWNED BY BRUCE AND KAREN LARSON, MORE FULLY DESCRIBED HEREIN; ANDPROVIDING AN EFFECTIVE DATE.

WHEREAS, Section 46-35 of the Code of Ordinances establishes standards forgranting an expansion, enlargement or a change of a nonconformity;and

WHEREAS, Bruce and Karen Larson are the owners of the property; and

WHEREAS, the owners of the property have requested approval to allow thevertical and horizontal expansion and renovation of a main house andguest house along the existing nonconforming setbacks located at 39111 th Avenue South; and

WHEREAS, Matthew Kragh, AIA, MHK Architecture & Planning, agent for thepetitioner, has been authorized by the owners to file this petition;and

WHEREAS, the Planning Advisory Board, following an advertised public hearingon July 11, 2012, considered public input, the recommendation ofstaff, and recommended by a vote of 7 to 0 that 12-N1 be approved;and

WHEREAS, after considering the recommendation of the Planning Advisory Boardand after providing the petitioner, staff and the public anopportunity to present testimony and evidence, the City Councilfinds that the criteria for granting the petition have been met andthat the petition should therefore be granted;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:

Section 1. That petition 12-N1 is hereby approved for expansion of anonconformity to allow the vertical and horizontal expansion andrenovation of a main house and guest house along the existingnonconforming setbacks, located at 391 11 th Avenue South, owned byBruce and Karen Larson and more fully described as:

The East of Lot 23 and all of Lot 24, Block 10, Tier 4,PLAN OF NAPLES, according to the plat thereof as recorded inPlat Book 1, Page 8, of the Public Records of Collier County,Florida.

Section 2. That the approval of this nonconformity expansion pursuant toSection 46-35 of the Code of Ordinances is subject to the followingconditions:

1.

This petition involves the elevation and expansion ofthe existing structures and shall not apply to the

Patricia L. Ram.osk, City Clerk

Robert D. Pritt, City Attorney

Attest:

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Approved as to form and legality:

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Resolution 12-13149 Page 2

rebuilding of new structures if the existing structuresare demolished or the non-conformities are removed.

2. Should the existing nonconforming portions of thestructures be demolished, even for a brief period, thenthis approval dissolves and the petitioner must obtainvariance approval to build according to the proposedplans, or the new structures must be built in compliancewith the zoning regulations in the Code of Ordinances ineffect at such time.

3. That approval of this Expansion of NonconformityPetition shall be in accordance with the plans preparedby MHK Architecture and Planning, pages SKO-SK5, datedJune 8, 2012, with the nonconformities approved beingset forth in Proposed Site Plan Diagram on page SK2.

Section 3. That this resolution shall take effect immediately upon adoption.

PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,FLORIDA, THIS 22ND DAY OF AUGUST, 2012.

jOhn F. Sorey III, Mayo

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Date filed with City Clerk: J'