HONC DOCKS & LIFTS, INC.

113O-C PONDELLA ROAD CAPE CORAL, FL 33909

239-772-8181 FAX 239-772-8981

CBC 1252755

January 10, 2019

City of Cape Coral PO Box 150027 Cape Coral , FL 33915-0027

RE: Marion Mochrie Dock Deviation 218 Old Burnt Store Rd . S. Cape Coral, FL. 33991 Strap# 13-44-22-C2-00800.0040

Dear Director,

The purpose of this request is to obtain a deviation of 797 sq . ft. from the Marine Improvement area as specified in section 3.16.2.D.2 of the City of Cape Coral's Land Use & Development Regulations (LUDR) this limits the maximum area of a marine improvement to 1,200 sq.ft , in order to allow a marine improvement that is 1,997 sq . ft. TOTAL.

The deviation requested is to bui ld a dock (1 ,997 sq.ft). The property is zoned Single Family Residentia l.

The issuance of this deviation will not give Mr. Mochrie any specia l privileges. As specified in section 3.16.2.D.1. of the City of Cape Coral 's (LUDR) , the formula for determining the dock deck surface area is based on water frontage. Mr. Mochrie owns (2) lots with a water frontage of 166.25 lin.ft within the North Spreader Waterway. Therefore, the following formula will be used to calculate the maximum size of the marine improvement.

166.25' L.F. (water frontage)- 20 x 30'(max proj.) x .5 (a llowed square footage) = 2,193.75 SF

The granting of this Deviation wi ll be in harmony with the general intent and purpose of the Marine Improvement ord inance , and that such Deviation will not be injurious to the area involved or otherwise detrimental to the public we lfare .

Je si Alfredo Escobar Permitting/ CAD Agent Hone Dock & Lifts, Inc. 239-772-8181 jessi@honcdocks.com

HONC DOCKS & LIFTS, INC.

1130-C PONDELLA ROAD CAPE CORAL, FL 33909

239-772-8181 FAX 239-772-8981

CBC 1252755

LUD R, Section 3.16.9 al lows for dev iat ions to marine improvements based upon the fo llowing genera l sta ndards :

1. The deviation is not contrary to the pub li c interest .

Response: The deviat ion will not be contrary to t he pub li c interest as the proposed marine im provement w ill not impair navigab ility and shou ld not affect neighboring

views. The marine im provement wi ll be on >200-foot wide cana l and amp le space for boat navigability w ill be availab le after construction of the im provement . Also the sma ll width of the marine improvement shou ld not detract from waterway views

from surrounding properties .

2. The deviation will be in harmony with the genera l intent and purpose of this section.

Response: The intent of the ordinance is to restrict the size of mari ne improvements

on standard sized properties because these sites may not be ab le to accommodate large marine improvements. The site has over twice the amo unt of water frontage

than standard sized properties and the add it ional frontage allows for a larger marine

improvement area .

3. Cond itions do not exist which are the resu lt of the app li cant.

Response: The site is a platted property located at on a loca l st reet . Th e current owne r is not entitled to a large marine improvement given the size of the property, however, t here is a reasonable expectation that larger propert ies can support larger

improvements if they do not affect the health, safety and we lfare of the community .

4. A lite ral enforcement of t he regulations involved would result in unnecessary or

undue hardship.

Response: The formula in LU DR wou ld allow the app li ca nt to have a marine improvement that is nearly two times the stated maxi mum improvement size . The inability to construct an im provement t hat is just sl ight ly large r than the maximum

cou ld be considered a hardship because the formu la co nsiders factors tha t affect navigability and safety . The size of the imp rovement wou ld be appropriate fo r the site and does not affect the waterways, therefore, the app li cant's in ab ili ty to construct

the im provement can be cons idered an undue hardship.

166.25' L.F. (water frontage) - 20 x 30'(max proj) x .5 (al lowed square footage)= 2,193.75 S.F LUDR, Section 3.16.9 all ows for deviat ions to marine improvements based upon the fo llowing

specifi c standards:

1. Effect of the proposed deviation on navigability of the waterway involved .

H ONC D OCKS & LI FTS, INC.

1130-C PONDELLA ROAD CAPE CORAL, FL 33909

239-772-8181 FAX 239-772-8981

CBC 1252755

Response: The site has frontage of 166.25' on 200' wide North Spreader Waterway.

The proposed improvement wi ll have a max imum projection of 30' feet from face of seawal l cap into the North Spreader Waterway. Due to the size of the cana ls and the project ion of the improvement, the navigab ility of the cana ls wil l not be adversely affected.

2. Des ign, size, and proposed location of the marine improvement for which the dev iat ion is sought.

Response: The Owner proposes to build a marine improvement by adding a wood dock with two boat lifts along the West boundary of the site . (1,997 sq ft) The

expans ion w ill have a maximum projection of 30' into the North Sp reader Waterway.

3. Effect, if any, that the proposed dev iat ion would have on any extant marine improvements in the subject waterway.

Response: The proposed improvement w ill have no effect on surround ing marine improvements.

4. Is th is the minimum deviation from the provis ions of the appl icab le section necessary to avoid the unnecessary or undue hardship required herein?

Response: The proposed deviation is not necessarily the m1n1mum deviation, however, the dev iation of 1,997 sq . ft. is re lative ly smal l cons idering the size of the

site's water frontage and the width of the canals.

The intent of the marine improvement ord inance is to protect the navigab ili ty of canals and the

aesthetics of waterfront propert ies by restr icting the area of marine improvements through the app lication of a formu la that factors in canal w idth and the length of linear water frontage. However, the same sect ion of the ordinance states that no marine improvement shal l be larger t han 1,200 sq. ft. The proposed marine improvement wo uld not negat ive ly affect the surro und ing

commun ity or navigab ility because t he marine improvement wi ll not project further than+/- 30' feet into the North Spreader Waterway. The projection of the marine improvement wi ll not hinder

the navigab ility of t he North Spreader Waterway for any nearby properties. The size of requested dev iat ion, 797 square feet, is re lat ive ly modest co nsidering that app licant has 166.25 feet of water frontage and wou ld be all owed a marine improvement exceed ing 2,193.75 sq. ft. if the formu la in Sect ion 3.16 was applied.

Q) ALL PILING ARE {Z) ALL STRINGERS

8 " 2 . 5 C . C . A TREATED MARI NE PILING UNLESS OTHERWISE INDICATED, ALL MEASUREMENTS ARE APPROXIMATE & SUB STRINGERS ARE FULL SIZE, ROUGH CUT , 2 " X 8 " . 60 C . C . A TREATED MARINE TIMBER BOLTED W/ 5/8" STAINLESS BOLTS

6 " jfl DENSE CAl0 MARINE DECKING OR SYNTHETIC ALTERNATIVE , AS INDICATED , SECURED WITH STAINLE SS STEEL SCREWS. DECKING IS 2 " X

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MARION MOCHRIE CUSTOMER ALL MEASUREMENTS 218 OLD BURNT STORE ROAD,CAPE CORAL APPROVAL ARE FROM FACE OF

519-766-2198 DATE SEAWALL SLAB

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DECKING IS 2 " X 6 " #1 DENSE CAl0 MARINE DECKING OR SYNTHETIC ALTERNATIVE AS INDICATED SECURED WITH STAINLESS STEEL SCREWS.

NORTH SPREADER WATERWAY (200' WIDE - MAN MADE CANAL)

LUDR, SECTION 3.16 RESTRICTS MARINE IMPROVEMENTS TO A MAXIM UM OF 1,200 SQ. FT.

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SKETCH: C

CUSTOMER:

ADDRESS:

PHONE:

DATE: 10/22/2018 BLOCK:6400

MARION MOCHRIE

218 OLD BURNT STORE ROAD,CAPE CORAL

519-766-2198

LOT:4-5

CUSTOMER APPROVAL

DATE

DRAWN BY: HC

ALL MEASUREMENTS ARE FROM FACE OF

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Planning Division Case Report DE19-0002

Review Date: February 21, 2019

Owner/Applicant: Mochrie Marion Trust for Mochrie 2013 Property Trust

Authorized Representative: Honc Docks and Lifts, Inc.

Request: A 797-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 1,997 sq. ft.

Location: 218 Old Burnt Store Road South

Prepared By: Justin Heller, Senior Planner

Reviewed By: Mike Struve, AICP, Planning Team Coordinator

Approved By: Robert Pederson, AICP, Planning Manager

Recommendation: Approval

Property Description:

The 20,785-sq. ft. site is improved with a seawall. The site is on the North Spreader Waterway and has about 166 ft. of water frontage. The canal width at the site is about 180 ft. as measured on GIS. The surrounding area consists primarily of single-family homes. The site and all adjacent properties have a Single Family (SF) Future Land Use Classification and Single Family Residential (R-1B) Zoning. The Charlotte Harbour Preserve State Park is across the canal and has Preservation Zoning and Preserve Future Land Use.

Project Description:

The applicant proposes to construct a new dock with two boat lifts. A sketch of the proposed marine improvements is provided in Exhibit 1.

LUDR, Section 3.16.2.D restricts marine improvements to a maximum area of 1,200 sq. ft. The applicant requests a 797-sq. ft. deviation to allow a marine improvement that is 1,997 sq. ft. LUDR, Section 3.16.2.D.1 states:

DE19-0002

February 21, 2019 Page 2 of 5

“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-1B, RD, RE, and/or RX zoning districts.”

The site has about 166 ft. of water frontage and a maximum allowable projection of 30 ft. into the North Spreader Canal. Applying the water frontage and allowable projection for the site, the following formula calculates the maximum area for a marine improvement.

(166 feet of Frontage) – 20 x ½ (30 foot projection) = 2,190 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 3.16.9.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 dock complies with the maximum allowable projection into the canal. These improvements also comply with the 12 ft. side setbacks. There is sufficient width in the canal to accommodate the dock, and 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 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 water frontage of a site. Based solely on the formula in LUDR, Section 3.16.2.D.1, the site would be allowed a marine improvement with a maximum area of 2,190 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 two-lot platted sites with 80-100 feet of water frontage and does not take into account properties with greater water frontage, similar to the subject site.

3. Conditions do not exist which are the result of the applicant.

DE19-0002

February 21, 2019 Page 3 of 5

The applicant has a property with about 166 ft. of water frontage, which is about double that of most platted, two-lot sites. It can be reasonably expected that a larger marine improvement could be accommodated on the site. 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 owner could reasonably expect to construct a larger marine improvement to fully utilize the property. The application of the formula in LUDR, Section 3.16.2.D.1 would allow the applicant to construct a marine improvement well over 1,200 sq. ft. Thus, the inability to construct an improvement over the 1,200 sq. ft. 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 will not adversely affect the waterways or surrounding properties.

Specific Deviation Review Criteria Pursuant to LUDR Section 3.16.9.C

1. Effect of proposed deviation on navigability of the waterway involved.

The proposed dock will project 25% of the canal width or 30 ft. into the North Spreader Waterway. The dock will have no detrimental effect on the ability of others to navigate in this canal.

2. Design, size and proposed location of the marine improvement for which the deviation is sought.

The design and location of the proposed improvements meet City code requirements. The collective area of the dock does not exceed the maximum area of 2,190 sq. ft. as calculated by the formula provided in Section 3.16.2.D.1.

3. Effect, if any, that the proposed deviation would have on any extant marine improvements in the subject waterway.

The proposed dock meets all setback requirements. The dock should have no negative effect on 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.

DE19-0002

February 21, 2019 Page 4 of 5

The proposed deviation is not necessarily the minimum deviation, however, a 1,997 sq. ft. dock is less than the 2,190 sq. ft. improvement that would be permitted using the formula in Section 3.16.2.D.1. The area of the marine improvement would be appropriate for the site given the large amount of water frontage and the width of the North Spreader Waterway.

Comprehensive Plan:

The project is consistent with Objective 1.3 and Policy 1.3.5 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 LUDRs and the

requirements for a deviation under LUDR, Section 3.16.9.B.2. Staff recommends approval with

the following condition.

1) The dock shall be consistent with the sketch plan shown in Exhibit 1, provided by Honc

Docks and Lifts, Inc.

Ii ~r." .

NOTICE TO SURROUNDING PROPERTY OWNERS CASE NUMBER: DE19-0002

REQUEST: A 797-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 1,997 sq. ft.

LOCATION: 218 Old Burnt Store Road South

CAPE CORAL STAFF CONTACT: Justin Heller, Senior Planner, 239-574-0587, jheller@capecoral.net

PROPERTY OWNER(S): Mochrie Marion Trust for Mochrie 2013 Property Trust

AUTHORIZED REPRESENTATIVE: Honc Docks and Lifts, Inc.

UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Coral Hearing Examiner will hold a public hearing at 9:00 A.M. on Tuesday, April 2nd, 2019 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, 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. 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 150027, Cape Coral, FL 33915-0027. 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 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.

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 150027 Cape Coral, Florida 33915-0027

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

OF PUBLIC HEARING

CASE NUMBER: DE1 9-0002

REQUEST: A 797-sq . ft. deviation to Section 3. 16.2.D of the Land Use and Development Regu lations (LUDR) to allow a marine improvement w ith an area of 1,997 sq. ft .

LOCATION: 218 Old Burnt Store Road South

CAPE CORAL STAFF CONTACT: Just in Heller, Sen ior Planner, 239-574-0587, j hel ler@capeco ra I. net

PROPERTY OWNER(S): Mochrie Marion Trust for Mochrie 2013 Property Trust

AUTHORIZED REPRESENTATIVE: Hone Docks and Lifts, Inc.

UPCOMING PUBLIC HEARING: Notice is hereby given that the City of Cape Cor­al Hearing Examiner wi ll hold a publ ic hearing at 9:00 A.M. on Tuesday, Apri l 2nd, 2019 on the above mentioned case . The public hearing wi ll be held in the City of Cape Cora l Counci l Cham­bers, 1015 Cultura l Park Boulevard, Cape Cora l, FL.

All interested parties are invi ted to ap­pear and be heard. A ll mat erials pre­sented before the Hearing Examiner w il l become a permanent part of the record. The public hearing may be con­tinued to a time and date certain by announcement at t his public hearing w it hout any further published notice. Copies of the staff report w ill be avai l­able 5 days prior to the hearing. The file ca n be reviewed at t he 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 avai lab le at the City of Cape Coral websi te, www.capecora l. net/publ ichearing (Click on 'Public Hearing In­formation', use t he case number refer­enced above to access the informa­tion); or, at t he Planning Division coun­ter at City Ha ll, between t he hours of 7:30 AM and 4:30 PM

HOW TO CONTACT: Any person may appear at t he public hearing and be heard, subject t o proper rules of con­duct. You are al lowed sufficient t ime to w rite or appear at the publi c hear-

~~l_ t~~~~en yii~~~~~~i~r:d 0~i~h p;i~ Di rector wi ll be entered into t he re­cord. Please reference the case number above within your correspondence and mai l to: Department of Community Development, Plann ing Division, P.O. Box 150027, Cape Cora l, FL 33915-0027. The hearings may be continued from time to time as necessary.

ADA PROVISIONS: In accordance with the America.~s With Di~abil it ies A.ct,

The News-Press media group news-press.com A GANNETT COMPANY

Please contact us with changes or cancellations as soon as possible, otherwise no further action needed.

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Customer:

Address:

CITY OF CAPE CORAL_DEPT OF COM

1015 CULTURAL PARK BLVD

CAPE CORAL FL 33990

USA

Ad No.:

Net Amt:

0003433831

$348.86

Run Times: 1 No. of Affidavits: 1

Run Dates: 03/17/19, 03/23/19

Text of Ad:

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.

by order of Kimberly Bruns, CMC Interim City Clerk REF# DE19-0002 AD# 3433831 Mar. 23, 2019

ALL PILING ARE 8 " 2 . 5 C . C . A TREATED MARINE PILING UNLESS OTHERWISE INDICATED, ALL MEASUREMENTS ARE APPROXIMATE

@ ALL STRINGERS & SUB STRINGERS ARE FULL SIZE, ROUGH CUT , 2 " X 8 ". 60 C . C . A TREATED MARINE TIMBER BOLTED W/ 5/8 " STAINLESS BOLTS DECKING IS 2 " X 6 " #1 DEN_SE C_AJ_Q MAJ:3.INE DECKING OR SYNTHETIC ALTERNATIVE, AS INQICATE D, SECURED WITH STAINLESS STEEL SCREWS.

ROPE HANDRAIL= 145 lin ft

-~-'.:6"'

67'

PROPOSED WOOD DOCK = 1,747 sq ft

g

NORTH SPREADER WATERWAY (200' WIDE - MAN MADE CANAL)

LUOR, SECTION 3.16 RESTRICTS MARINE IMPROVEMENTS TO A MAXIMUM OF 1,200 SQ. FT.

\ PROPOSED 12' x 12' TIKI HUT

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SKETCH: C

CUSTOMER:

ADDRESS:

PHONE:

DATE: 10/22/2018

MARION MOCHRIE

218 OLD BURNT STORE RD. CAPE CORAL LOTS 4-5

BLOCK:6400 LOT:4-5 DRAWN BY: HC

CUSTOMER A LL MEASUREMENTS 218 OLD BURNT STORE ROAD,CAPE CORAL APPROVAL ___ ARE FROM FACE OF

519-766-2198 DATE ___ SEAWALL SLAB

SITE PLAN

HONC DOCKS & LIFTS 1130-C PONDELLA RD. CAPE CORAL.FL 33909 PHONE#(239)772-81 81

FAX# (239)772-8981

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Subject Parcel

ROSEMARY LAKE

NORTHSPREADERWATERWAY

CITY OF CAPE CORALDepartment of

Community Development Planning Division

Case No. DE19-0002 Subject Parcel

0 60µ

120Feet 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.

GROVER CANAL

ROSEMARY LAKE

NORTHSPREADERWATERWAY

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CITY OF CAPE CORALDepartment of

Community Development Planning Division

CURRENT ZONING MAP 500 Proximity Boundary

Case No. DE19-0002

LEGEND Subject Parcel 500' BoundaryPRES- Reg.by FLU R-1BRD

500' PROXIMITY BOUNDARY

µ MARCH 1, 2019

0 60 120 180 240Feet 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 con-struction, navigation or engineering calculations. Please contact the

Department of Community Development with any questions regarding this map product.

KRKA

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