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Agenda Item: 10(b) |
Prepared By: Mary P. Holden, Planning Manger |
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Business: Resolution |
Department: Community Affairs/Growth Management |
Subject:
Title
RESOLUTION - Variance Petition (VP-26-000059) regarding Front Yard Setback Section 30-225(3)(a) and Side Yard Setback Section 30-225(3)(b) for Property Located at 257 N. Collier Blvd., Marco Isalnd, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
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PROJECT DESCRIPTION:
Mr. Zachary W. Lombardo has submitted a variance request to the side and front yard setbacks on behalf of Joey’s Pizza. The request is for a 15.3-foot front yard setback (25 feet required) as shown in blue on the site plan provided by the applicant, a 4.7-foot side yard setback (15 feet required) as shown in blue on the site plan provided by the applicant and .9-foot side yard setback (15 feet required) as shown in yellow on the site plan provided by the applicant. Please note, the variances are for a retractable awning and not a permanent structure.
Please note the initial application was amended as indicated in the August 7, 2026 letter and revised plan from the applicant’s agent in response to Staff comments. The application, as amended was considered by the Planning Board.
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): September 14, 2026
RECOMMENDATION:
STAFF RECOMMENDATION:
Staff recommends that the Planning Board forward a recommendation of denial of VP 26-000059 to the City Council with the findings below.
Finding of Denial:
1. There are no special conditions or circumstances existing which are peculiar to this location, size and characteristics of land, structure, or building. This site is like many others on the island that were built pre-incorporation under Collier County governance.
2. There are no special conditions or circumstances or pre-existing conditions of the site. The variance was submitted by the applicant in order to allow for existing outdoor seating to be covered by a retractable awning and not freestanding umbrellas. The 2012 variance is still in place with a one-foot side yard setback. The new awning would encroach an additional .1 foot into the side yard setback.
3. The literal interpretation of the code will not work unnecessary or undue hardship since the business is successfully operated in its current form.
4. There currently is reasonable use of the land without granting this variance.
5. This property has an approved variance, and other properties may request a similar variance.
6. To answer this criterion, we look at the development patterns of this block of Collier Blvd. and see that most buildings are setback approximately 50-95 feet to accommodate parking. This site will have a retractable awning 9.7 feet from the front property line. Even though the proposed front yard variance will not be in keeping the development patterns the side yard setbacks appear in keeping with the development patterns.
7. Granting the variance will not contradict the Comprehensive Plan in that redevelopment is encouraged in appropriate locations with adequate facilities.
Should the Planning Board decide to forward an approval, the Planning Board must make findings for approval and add the below conditions:
Conditions of Approval:
1. City Council approval is required for VP 26-000059. Upon approval, this condition is satisfied.
2. No additional seating at the Subject Property is approved in conjuction with this Variance Petition. The seating as provided for at the Subject Property in the most recent CLU and approved SDP is allowed.