|
Agenda Item: 11(b) |
Prepared By: Joshua G. Ooyman, Planner II |
|
Business: Resolution |
Department: Community Affairs/Growth Management |
Subject:
Title
RESOLUTION - Variance Petition (VP-25-000205) Request to Allow for a Rear Setback Encroachment for a Screen Enclosure for Property Located at 1815 Woodbine Ct. Marco Isalnd, FL 34145 - Joshua G. Ooyman, Planner II, Community Affairs/Growth Management
Body
PROJECT DESCRIPTION:
The Applicant, Bailey Jenks, LLC Marco Series, is requesting a variance to allow construction of a screen enclosure over an existing swimming pool and pool deck at the property located at 1815 Woodbine Court, Marco Island. The Applicant has provided a site plan sketch of the pool area showing an existing 12’-4” setback from the pool deck edge to the rear property line. The current minimum accessory screen enclosure setback is 15 feet and the variance request is to encroach 2’-8” into the required setback.
Collier County issued a screen enclosure permit in 1992 when the rear accessory setback was 10 feet. The structure was subsequently destroyed prior to 2020, likely from Hurricane Irma in 2017, and never reconstructed. In 2022, the City’s rear accessory setback was changed from 10 feet to 15 feet and any new screen enclosure must comply with the current regulation.
Relief is sought from the 15-foot setback requirement to construct the screen enclosure using the existing pool footings at 12’-4” from the rear property line. The Applicant seeks to provide safety and general welfare for their family by creating a safe area to maneuver between the pool shell and the screen enclosure.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $2,000.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board hearing.
NOTICE APPEARANCE DATE(S): January 21, 2026
RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommends the Planning Board forward their recommendation of approval to the City Council with the findings below and conditions of approval:
Finding of Approval:
(1) The subject pool, pool deck, and previous screen enclosure were developed under less restrictive rear accessory setback requirements.
(2) There exists a unique health, safety, and maneuverability hardship upon the Applicant that justifies this request.
(3) Granting this variance will not violate the City’s growth management plan (Comprehensive Plan).
Conditions of Approval:
(1) The Applicant/Contractor shall obtain a building permit prior to commencement of any construction.
(2) The Owner/Developer/ Petitioner is responsible for any private deed restriction approvals with Marco Island Civic Association.
(3) That issuance of this approval by the City does not in any way create any right on the part of the Owner/Developer to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the approval if the Owner/Developer / Petitioner fails to obtain the required approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in the violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the Development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended.
POTENTIAL MOTION:
Move to approve Resolution 26-XX with the listed findings and conditions of approval and forward a recommendation for approval to City Council