Planning Division Case Report DE14-0018

Review Date: July 3, 2014 Property Owner: Joseph and Linda Bihari Authorized Agent: Honc Docks and Lifts Request: The applicant is requesting a two-foot, three-inch deviation from the City of

Cape Coral Land Use and Development Regulations (LUDR), Section 3.16 that limits marine improvement projections to a maximum projection of 30 feet, in order to allow a marine improvement with a waterway projection of 32 feet and 3 inches.

Location: 601 SW 49th Lane Unit 44. Block 4549. Lots 29-30. 14-45-23-C1-04549.0290 Prepared By: Chad Boyko, AICP, Planner II Reviewed By: Mike Struve, AICP, Planning Team Coordinator Approved By: Derek C.S. Burr, AICP, Planning Manager

Recommendation: Approval with conditions Zoning Future Land Use Subject Parcel Single-Family Residential (R-1B) Single-Family (SF) Surrounding Zoning Surrounding Future Land Use North: Single-Family Residential (R-1B) Single-Family (SF) South: Single-Family Residential (R-1B) Single-Family (SF) East: Single-Family Residential (R-1B) Single-Family (SF) West: Single-Family Residential (R-1B) Single-Family (SF) Property Description: The subject property is a 12,831± sq. ft. parcel that is improved with a single-family residence and a 967 sq. ft. marine improvement. The subject property has frontage and access from SW 49th Lane (a local road) and has water frontage along Thunderbird Lake, which located in the southwestern portion of the City. Due to the configuration of this water body and existing street network, Thunderbird Lake has varying widths, however, the width of the lake from the applicant’s property to the opposite side of the lake is about 384 feet. The subject property has approximately 174 feet of linear water frontage along the Thunderbird Lake.

2

The surrounding area consists of mainly single-family residences in all four directions. A site visit was conducted on July 3, 2014. A picture of the subject property is included below:

Project Description: The applicant is requesting a 2-foot, 3-inch deviation from the City of Cape Coral Land Use and Development Regulations (LUDR), Section 3.16 that limits marine improvement projections to a maximum projection of 30 feet, in order to allow a marine improvement with a waterway projection of 32 feet and 3 inches. The applicant is proposing to expand their marine improvement which includes re-locating their existing boat lift to the outside of the existing boat slip. The relocation would place the support pilings of the boat lift 32 feet and 3 inches into the Thunderbird Lake, which exceeds the maximum allowed projection of 30 feet. Analysis: The Planning Division has reviewed this application based on LUDR, Section 3.16.9.B.2, Marine Improvements, and offers the following analysis for consideration: Planning staff finds that the LUDR’s restriction on canal projection is to ensure safe passage and navigability for marine vessels throughout the waterways of the City. The LUDR states that marine improvements can project up to 25% of the waterway’s width, with a maximum projection of 30 feet. The subject property is located along Thunderbird Lake, which at 384 feet wide1, is substantially wider than the 80-foot wide canals that are commonly encountered throughout the City. The percentage of the applicant’s proposed projection is approximately 8.4% of the waterway’s width. If the requested deviation is approved, approximately 320 feet of open waterway would still exist between the applicant’s marine improvement and the marine improvement on the opposite side of Thunderbird Lake. Due to the width of the waterway and the relatively small amount of additional projection, staff finds that the requested deviation would not adversely affect navigability or safe travel through the

1 At the applicant’s property line.

384 ft.

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Thunderbird Lake. Staff notes that the width of the waterway also ensures that the proposed deviation should not have a substantial effect on the views of any neighboring properties. Planning staff recommends that the applicant install lights or reflectors on the relocated boat lift for any boaters that are using the waterway during evening or early morning hours that may be accustomed to boat lifts being located inside a boat slip. Recommendation: Planning staff finds that the proposed deviation will not negatively impact the navigability of the subject canal and that the deviation request is within the general intent of the LUDRs and the public interest. Consequently, the Planning Division recommends approval of the requested deviation with the following conditions. 1. The applicant shall install lights or reflectors on the outside of the re-located boat lift. 2. The applicant’s scope of work shall be generally consistent with the drawing labeled “sketch L” provided by Honc Docks and Lift and dated February 24th, 2014.

City of Cape Coral

PO BOX 150027

Cape Coral, FL 33915

RE: Block 4549, Lots 29-30

Dear Director,

HONC DOCKS & LIFTS, INC.

1130-C PONDELLA RoAD CAPE CoRAL, FL 33909

239-772-8181 FAX 239-772-8981

CBC 1252755

The purpose of this requests is to obtain a deviation from Joseph Bihari located at 601 SW 49th

Lane, to the Marine Improvement areas as specified in Section 3.16.N.1 ofthe City of Cape

Coral Land Use and Development Regulation.

Mr. Bihari is seeking a Deviation from the standard 30' dimensional project allowed by

ordinance. Mr. Bihari requests to exceed that standard 30' dimensional project by 2'3" for two

boatlift support piling. The deviation requested is the amount needed to place a dock and/or

boat lift on subject property.

Please note that included are letters from the homeowners adjacent to Joseph Bihari' s property

who support approval of this deviation request.

Sincerely,

Ernest Bartlett

Permitting Officer

Hone Docks & Lifts

State of: FL

County of: Lee

12014, by SWORN TO AND SUBSCRIBED before me this / day of '22;?411' who is personally known r pro&O'ced ------­

-----------as identification.

~~ r

Notary Public ~~

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 15- 2014; A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND DEV EL OP M ENT REG UL A-TIONS, ARTICLE III, SUPPLE-MENTARY DISTRICT REGULA-TIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATION OF TWO (2) FEET THREE (3) INCHES FROM THE MAXIMUM PROJECTION AL-LOWANCE OF THIRTY (30) FEET TO PERMIT A DOCK PROJECTING THIRTY-TWO (32) FEET THREE (3) INCHES FROM THE WATERFRONTAGE LINE INTO A THREE HUNDRED EIGHTY-FOUR (384) FOOT WIDE LAKE IN A SINGLE-FAMILY RESIDENTIAL (R-IB) ZONE ON PROPERTY DE-SCRIBED AS LOTS 29 AND 30, BLOCK 4549, UNIT 44 PART 1, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 601 SW 49th LANE.

FURTHER that an application has been received from JOSEPH BIHA-RI, JR.

FURTHER that said request will be reviewed by the Cape Coral Planning and Zoning Commission/Local Plan-ning Agency sitting as the Board of Zoning Adjustment and Appeals on September 3rd, 2014 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 Direc-tor 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 accommoda-tions 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 1-239-574-0411 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance.

FURTHER You are allowed suffi-cient time to write or appear at the public hearing to voice your objections or approval. Please reference the case number below within your correspond-ence and mail to: Department of Community Development, Planning Division, P. O. Box 150027, Cape Coral, FL 33915-0027; or email comdev@capecoral.net. For further information, please call Chad Boyko at 2 3 9 - 5 7 3 - 3 1 6 2 o r a t cboyko@capecoral.net .

by order of Rebecca van Deutekom, MMC City Clerk REF # DE14-0018 Sunday, August 24th, 2014

RESOLUTION DE 15 - 2014

DE 14-0018

07/23/14

A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND USE AND

DEVELOPMENT REGULATIONS, ARTICLE III, SUPPLEMENTARY DISTRICTREGULATIONS, SECTION 3.16, MARINE IMPROVEMENTS, GRANTING A DEVIATIONOF TWO (2) FEET THREE (3) INCHES FROM THE MAXIMUM PROJECTIONALLOWANCE OF THIRTY (30) FEET TO PERMIT A DOCK PROJECTING THIRTY-TWO(32) FEET THREE (3) INCHES FROM THE WATERFRONTAGE LINE INTO A THREEHUNDRED EIGHTY-FOUR (384) FOOT WIDE LAKE IN A SINGLE-FAMILYRESIDENTIAL (R-IB) ZONE ON PROPERTY DESCRIBED AS LOTS 29 AND 30, BLOCK4549, UNIT 44 PART 1, CAPE CORAL SUBDIVISION; PROPERTY LOCATED AT 601 SW49th LANE; PROVIDING AN EFFECTIVE DATE.

WHEREAS, an application by JOSEPH BIHARI, JR., has been submitted and reviewed bythe Planning and Zoning Commission, the City of Cape Coral and has been presented to the City ofCape Coral Board of Zoning Adjustment and Appeals at a Public Hearing for a Deviation.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENTAND APPEALS OF THE CITY OF CAPE CORAL, FLORIDA:

Section 1. That the City of Cape Coral Board of Zoning Adjustment and Appeals has consideredthe recommendations of the Planning and Zoning Commission, Local Planning Agency, thePlanning Division of the City of Cape Coral, and the presentation made by the Applicant before thisBoard at a public meeting on the request for A DEVIATION OF TWO (2) FEET THREE (3)INCHES FROM THE MAXIMUM PROJECTION ALLOWANCE OF THIRTY (30) FEET TOPERMIT A DOCK PROJECTING THIRTY-TWO (32) FEET THREE (3) INCHES FROM THEWATERFRONTAGE LINE INTO A THREE HUNDRED EIGHTY-FOUR (384) FOOT WIDELAKE IN A SINGLE-FAMILY RESIDENTIAL (R-IB) ZONE on the below described property:

LEGAL DESCRIPTION: LOTS 29 AND 30, BLOCK 4549, CAPE CORAL SUBDIVISION,UNIT 44, PART 1, A SUBDIVISION ACCORDING TO THEPLAT THEREOF RECORDED AT PLAT BOOK 21, PAGES 113THROUGH 121, IN THE PUBLIC RECORDS OF LEE

COUNTY, FLORIDA

PROPERTY ADDRESS: 601 SW 49th LANE

and pursuant to City of Cape Coral Land Use and Development Regulations, Article III, Section3.16, Marine Improvements, finds as follows:

A. The subject deviation will not be contrary to the public interest and will be in harmony withthe general intent and purpose of Section 3.16 of the City of Cape Coral Land Use andDevelopment Regulations.

B. Conditions exist that are not the result of the applicant.

C. Literal enforcement of the Land Use and Development Regulations would result inunnecessary or undue hardship on the Applicant.

D. Neither the subject deviation nor the design, size, or proposed location of the subjectstructure will adversely affect the navigability of the waterway involved or any extant marinestructures in the waterway involved.

Section 2. 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 fora deviation is hereby granted.

Section 3. The applicant shall meet the following terms and conditions:

1. The applicant shall install lights or reflectors on the outside of the relocated boat lift.

2. The applicant's scope of work shall be generally consistent with the drawing labeled "SketchL" provided by Hone Docks and Lifts dated February 24, 2014.

Section 4. This Resolution shall take effect immediately upon its adoption.

ADOPTED BY THE BOARD OF ZONING ADJUSTMENT AND APPEALS OF THE CITYOF CAPE CORAL AT ITS REGULAR SESSION THIS DAY OF ,

2014.

DANIEL READ, CHAIRMANBOARD OF ZONING ADJUSTMENTAND APPEALS

ATTESTED TO AND FILED IN MY OFFICE THIS

2014.

DAY OF

APPROVED AS TO FORM:

BRIAFrRTBARTOS

ASSISTANT CITY ATTORNEY

DE 14-0018

REBECCA VAN DEUTEKOM,

CITY CLERK

City of Cape Coral

Department of Community Development August 22, 2014 RE: RES DE 15-2014 CASE #: DE14-0018 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 for JOSEPH BIHARI, JR.

The applicant is requesting a Deviation of two (2) feet three (3) inches from the maximum projection allowance of thirty (30) feet to permit a dock projecting thirty-two (32) feet, three (3) inches from the water frontage line into a three hundred eighty-four (384) foot wide lake in a Single-Family Residential (R1-B) zone. The property is located at 601 SW 49th Ln., Cape Coral, FL., 33914.

The Board of Zoning Adjustment and Appeals will hear Resolution DE 15-0014 at a Public Hearing on Wednesday, SEPTEMBER 3RD, 2014, at 9:00 a.m. in the City of Cape Coral Council Chambers, 1015 Cultural Park Boulevard, Cape Coral, FL.

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 150027, Cape Coral, FL 33915-0027. 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 1-239-574-0530 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance.

For further information, please call Chad Boyko at 239-573-3162 or at cboyko@capecoral.net.

The resolution and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (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 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: comdev@capecoral.net

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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, errorsand omissions may occur. Therefore, the City of Cape Coral cannot beheld liable for incidents that may result due to the improper use of theinformation presented on this map. This map is not intended for con-struction, navigation or engineering calculations. Please contact the

Department of Community Developmentwith any questions regarding this map product.

July 14, 2014

Subject Parcel

500' Proximity Boundary

Case No. DE14-0018Block 4549 Lots 29-30

Legend500'_BUFFERSUBJECTPARCELR1BCanals/Lakes

ZONING MAP500 Proximity Boundary

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

LNB

µ

Mailing Listing: DE14-0018

144523C1045490170 AGYBE LLC

5708 SW 10TH AVE

622 SW 49TH LN

33914FLCAPE CORAL

144523C1045430070 BALLETTO STEVEN + CAMILLE

4818 SW 5TH PL

4818 SW 5TH PL

33914FLCAPE CORAL

144523C1045450170 BARRETT FRANCIS C + DEBORAH

485 W RIVER RD

509 SW 49TH LN

13165NYWATERLOO

144523C1045490290 BIHARI JOSEPH JR + LINDA +

17 PINEBROOK RD

601 SW 49TH LN

10952NYMONSEY

144523C1045490230 BRUESS RUEDIGER + CHRISTINA

LINDENWEG 8A

610 SW 49TH LN

GERMANYBUCHHOLZ 21244

144523C1045470190 BUSER RUSSELL D

6775 NW 43RD PL

5001 SW 5TH PL

33067FLPOMPANO BEACH

144523C1045490150 CARUSO ANNETTINA L/E

626 SW 49TH LN

626 SW 49TH LN

33914FLCAPE CORAL

144523C1045470150 CASEY THEODORE D + ANN M

324 DAUGHERTY RD

5007 SW 5TH PL

18640PAPITTSTON TOWNSHIP

144523C1045490250 COLLIER JAMES W +

606 SW 49TH LN

606 SW 49TH LN

33914FLCAPE CORAL

144523C1045490410 CROCKETT HELEN L TR +

625 SW 49TH LN

625 SW 49TH LN

Strap Owner Name and Mailing Address Property Address

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33914FLCAPE CORAL

144523C1045490350 CZECH JOHN + JANETTE L/E

613 SW 49TH LN

613 SW 49TH LN

33914FLCAPE CORAL

144523C1045450190 DAVIES LOIS A

513 SW 49TH LN

513 SW 49TH LN

33914FLCAPE CORAL

144523C1045470170 FLORACK HARALD + INGRID

KARWEG 74

5003 SW 5TH PL

GERMANY48432 RHEINE

144523C1045430220 GIBSON SANDRA K J +

4823 SW 5TH PL

4823 SW 5TH PL

33914FLCAPE CORAL

144523C1045450210 HAINES JOSEPH + SUSAN

517 SW 49TH LN

517 SW 49TH LN

33914FLCAPE CORAL

144523C1045430160 HOEL ROBERT F JR TR +

4909 SW 5TH PL

4909 SW 5TH PL

33914FLCAPE CORAL

144523C1045490270 HOSACK H L + BARBARA

602 SW 49TH LN

602 SW 49TH LN

33914FLCAPE CORAL

144523C1045450230 HOUSER DAVID W TR

87 N PARKSIDE AVE

514 SW 49TH LN

60137ILGLEN ELLYN

144523C1045490390 JEAMPIERRE ROLAND TR

1207 SE 3RD AVE

621 SW 49TH LN

33990FLCAPE CORAL

144523C1045490330 KNOLL DWIGHT E + GERDA J

609 SW 49TH LN

609 SW 49TH LN

33914FLCAPE CORAL

144523C1045470230 MY FLORIDA HOLIDAYS LLC 5008 SW 5TH PL

Strap Owner Name and Mailing Address Property Address

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2527 SE 25TH PL

33904FLCAPE CORAL

144523C1045490190 NEAL RICHARD L +

359 E BURDICK RD

618 SW 49TH LN

46304INCHESTERTON

144523C1045430090 PARKHURST FRANK L/E

4822 SW 5TH PL

4822 SW 5TH PL

33914FLCAPE CORAL

144523C1045490370 PARRY RUSSELL B + REGINA

617 SW 49TH LN

617 SW 49TH LN

33914FLCAPE CORAL

144523C1045490310 PERIMAN JANICE OBERT

605 SW 49TH LN

605 SW 49TH LN

33914FLCAPE CORAL

144523C1045490430 ROBINSON SCOTT + FELICITY

PO BOX 71608

629 SW 49TH LN

V4B 5J5CANADABCWHITE ROCK

144523C1045470210 SADLER THOMAS JAMES +

5004 SW 5TH PL

5004 SW 5TH PL

33914FLCAPE CORAL

144523C1045430200 SCHLAEGER JENS + MARTINA

REINSBACH 60

4901 SW 5TH PL

GERMANY42499 HUECKESWAGAN

144523C1045490130 SJAVEN AS

PROF DAHLS GT 17

630 SW 49TH LN

NORWAY0355 OSLO

144523C1045430140 SLUTZ BRIAN D + PAULA M

4906 SW 5TH PL

4906 SW 5TH PL

33914FLCAPE CORAL

144523C1045430180 STOLE ELVIND + METTE

SLIDEKROKEN 15

4905 SW 5TH PL

Strap Owner Name and Mailing Address Property Address

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NORWAY4085 HUNDVAG

144523C1045430110 TRAINER THOMAS W + SELINA B

4902 SW 5TH PL

4902 SW 5TH PL

33914FLCAPE CORAL

144523C1045490210 WLCEK VERONICA E

614 SW 49TH LN

614 SW 49TH LN

33914FLCAPE CORAL

Strap Owner Name and Mailing Address Property Address

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