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City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming pump shed that is attached to the west side of the home. Our property is at 338 NE 25th Terrace, Cape Coral, Fl. 33909 and the Code Case# is CE14-021925. We bought and moved into the home in October 2011 and the building was already there, built by the previous owner. During the last 3 years we have applied for and received 5 permits for windows and doors, an AC system and irrigation, with more work to come. All work was done by licensed and insured contractors and inspected and approved. We had help from several code people explaining things we didn't understand and making sure installations were correct. This makes it very troubling to us that our pump shed is non-conforming and that we totally missed that fact. No inspector or code officer during this 3 year period ever mentioned the building being a problem until the irrigation inspection officer flagged it in November. It appears the building is 3 ft. from the side property line instead of the required 7.5 ft. setback. Both sides of our property are vacant lots. We request that a variance be approved that would allow the pump shed to remain in its current position. The special condition that exists is that the building was constructed by the previous owner and we cannot undo that. We would like to make the building legal by your approving our variance request. As you can see we have been very diligent in applying for permits to insure that of all the work done by us to improve or repair this home has been done according to code since taking ownership. We feel that by applying for the zoning variance we are using the legal option that is available to many people who have used that avenue to clear problems not of their own doing. Many of these issues are the same or very similar to ours. The hardship that would result from a denial of the variance request for us may sound small, but we have a water softener in the building that would have to be re-plumbed and moved inside or lose its warranty. There is also the normal well pump, aerator and pressure tanks, our lawn and yard equipment and stored items. This building keeps all these items in a safe enclosed area and allows our neighbors to see a neat clean yard. We feel it would mean the removal of a very valuable storage area for us. The minimum variance we are requesting is to allow the building to have the current side setback of 3 ft. instead of the zoning setback of 7.5 ft. The granting of this variance will not be injurious to the area and as you can see by the enclosed letter from our closest neighbors, they have no objections to the building remaining as it is. Thank You for considering our request, Randy & Melissa Neumann

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Page 1: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

City of Cape Coral Variance Request Letter Of Intent

We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming pump shed that is attached to the west side of the home. Our property is at 338 NE 25th Terrace, Cape Coral, Fl. 33909 and the Code Case# is CE14-021925. We bought and moved into the home in October 2011 and the building was already there, built by the previous owner. During the last 3 years we have applied for and received 5 permits for windows and doors, an AC system and irrigation, with more work to come. All work was done by licensed and insured contractors and inspected and approved. We had help from several code people explaining things we didn't understand and making sure installations were correct. This makes it very troubling to us that our pump shed is non-conforming and that we totally missed that fact. No inspector or code officer during this 3 year period ever mentioned the building being a problem until the irrigation inspection officer flagged it in November. It appears the building is 3 ft. from the side property line instead of the required 7.5 ft. setback. Both sides of our property are vacant lots.

We request that a variance be approved that would allow the pump shed to remain in its current position.

The special condition that exists is that the building was constructed by the previous owner and we cannot undo that. We would like to make the building legal by your approving our variance request. As you can see we have been very diligent in applying for permits to insure that of all the work done by us to improve or repair this home has been done according to code since taking ownership.

We feel that by applying for the zoning variance we are using the legal option that is available to many people who have used that avenue to clear problems not of their own doing. Many of these issues are the same or very similar to ours.

The hardship that would result from a denial of the variance request for us may sound small, but we have a water softener in the building that would have to be re-plumbed and moved inside or lose its warranty. There is also the normal well pump, aerator and pressure tanks, our lawn and yard equipment and stored items. This building keeps all these items in a safe enclosed area and allows our neighbors to see a neat clean yard. We feel it would mean the removal of a very valuable storage area for us.

The minimum variance we are requesting is to allow the building to have the current side setback of 3 ft. instead of the zoning setback of 7.5 ft.

The granting of this variance will not be injurious to the area and as you can see by the enclosed letter from our closest neighbors, they have no objections to the building remaining as it is.

Thank You for considering our request, Randy & Melissa Neumann

Page 2: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Planning Division Case Report VA15-0002

Review Date: April 6, 2015 Property Owners: Randy and Melissa Neuman

338 NE 25th Terrace Cape Coral, FL 33909

Request: The applicant is requesting a four-foot variance to Section 3.1.2.A.5.a.2, of the

City’s Land Use and Development Regulations (LUDR) that requires a minimum side setback of 7.5 feet for sheds in a Single-Family Residential (R-1B) District in order to allow an existing shed to remain 3.5 feet from the side property line.

Location: 338 NE 25th Terrace

Cape Coral, FL 33909 Strap number: 25-43-23-C3-02353.0280 Unit 36, Block 2353, Lots 28 and 29

Prepared By: Chad Boyko, AICP, Planner II Reviewed By: Mike Struve, AICP, Planning Team Coordinator Approved By: Derek Burr, AICP, Planning Division Manager Recommendation: Denial Urban Service Area: Reserve Site Visit: April 14, 2015 Zoning Future Land Use Subject Parcel Single-Family Residential (R-1B) Single-Family / Multi-Family (SM) Surrounding Zoning Surrounding Future Land Use North: R-1B SM South: R-1B SM East: R-1B SM West: R-1B SM Applicable Regulation: LUDR, Section 3.1.2.A.5.a.2 prohibits sheds from intruding into a side setback. The side setback requirement for the R-1B district in which the subject property is located is 7.5 feet.

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April 8, 2015 VA15-0002 Page 2 Property Description/Background: The subject property is a 10,000 sq. ft. parcel located in the northeastern quadrant of the City. The property is developed with a single-family home that was constructed in 1991. The home received a permit from the City of Cape Coral prior to construction, however, an attached shed was constructed on the left side of the home without receiving a permit. Planning staff cannot determine when the shed was constructed, however, photograph records from the Lee County Property Appraiser’s website show that the shed existed in 2000. The shed is approximately eight feet in width, 17.5 feet in length and is enclosed within a chain-link fence. The shed is located 3.5 feet from the western property line that violates the 7.5 foot side setback found in the LUDRs. The shed is also located within the six-foot wide public utility and drainage easement (PUE) that is located along the perimeter of the property. This shed was discovered by a code compliance officer while performing an investigation regarding suspected un-permitted construction on the subject property. The current property owner purchased the home two years ago and therefore did not authorize the construction of the shed. Over the past 10 years, there have been other permits issued for this address, however, these permits have dealt with maintenance issues such as air conditioner change outs and re-roofing the home. The current property owner is seeking a variance in order to abate the code violation and to legally permit this accessory structure to remain in its current location. Planning staff notes that the existing shed is allowed is on the side of the home without any additional landscaping or screening1 because the shed is attached to the side of the home and matches the color and materials of the single-family home. Analysis: According to Section 8.10.2 of the LUDR, a variance is defined as “a modification of the requirements of the City’s ordinance when such modification will not be contrary to the public interest where, because of conditions peculiar to the property involved and not the result of the actions of the applicant which occurred after the effective date of the ordinance, a literal interpretation of the ordinance would result in unnecessary and undue hardship.” The Planning Division has reviewed this application based on the five (5) standards outlined within Section 8.10.3a-e of the Land Use and Development Regulations and offers the following analysis for consideration:

1. Special Conditions: The special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other land, structure or buildings in the same zoning district; that the special conditions and circumstances do not result from the actions of the applicant.

Staff determination and analysis: Standard MET by the applicant.

Staff finds that special conditions and circumstances exist that are not the result of the applicant. The single-family home was constructed several years ago and received a permit

1 As required in LUDR, Section 3.1.

Page 4: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

April 8, 2015 VA15-0002 Page 3

from the City, however, the shed was constructed by a previous owner without a permit. The current owner purchased the home several years after the construction of the shed. As a result, staff finds that these circumstances represent a special or unique situation and occurred through no fault of the applicant.

2. No Special Privilege: The granting of the variance requested will not confer on the applicant any

special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district.

Staff determination and analysis: Standard NOT MET by the applicant.

Staff finds that the granting of the variance would confer on the applicant a special privilege by allowing a shed to encroach on the property’s side setback. The shed did not receive a permit from the City and sheds are considered accessory structures. Any applicant seeking to locate a shed that encroaches on a setback requirement could reasonably expect to have their request denied.

3. Hardship: That literal interpretation of the provisions of this ordinance would deprive the

applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardships on the applicant.

Staff determination and analysis: Standard NOT MET by the applicant.

The literal interpretation of this ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would not work unnecessary or undue hardships on the applicant. The shed is an accessory structure and is not required for a single-family home. The shed could be re-located on this parcel or removed entirely from the subject property and the applicants would still have reasonable use of the property. Staff acknowledges that some cost would be incurred to remove or relocate the shed, although monetary factors cannot be weighed when evaluating hardship. Planning staff does recognize that the applicants did not authorize construction of the shed and therefore did not create the situation where removal or relocation of the shed would be necessary to fully comply with the City’s regulations.

4. Minimum Variance: That the variance granted is the minimum variance that will make possible

the reasonable use of the land, building or structure. Staff determination and analysis: Standard MET by the applicant. The variance requested by the applicant is the minimum variance required to allow the existing shed to remain in its current location.

5. Purpose and Intent; Public Interest: That the granting of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

Page 5: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

April 8, 2015 VA15-0002 Page 4

Staff determination and analysis: Standard PARTIALLY MET by the applicant.

The City’s setback regulations help ensure that the use of a property does not infringe on the rights of neighboring property owners. As a result, Staff finds that this variance request is not consistent with the intent of the City’s side setback requirement. However, Staff finds that the proposed variance is unlikely to be detrimental to public welfare. Setback regulations are established to provide privacy and space between residential properties. The adjacent property to the west is undeveloped. Staff also finds that the shed is not habitable space and therefore less likely to intrude on any future neighbor’s privacy as opposed to an extension of the single-family home. Furthermore, the applicant’s shed matches the material and color of the applicant’s single-family home anda recent site check of the property confirmed that the shed is in good condition and is not dilapidated or in disrepair.

According to the City’s Public Works Department, no City-owned utilities are located within the PUE on the western side of the property where the encroachment exists. Staff has not received any letters of objection from LCEC, Comcast, or CenturyLink; however, the applicant is encouraged to contact these agencies to determine if these providers have objections to the shed remaining in its current location. In the event the applicant seeks a vacation of the easement on this western side of the home, the owners will be required to obtain “Letters of No Objection” from these agencies.

Recommendation:

For a variance to be granted, the Board of Zoning Adjustment and Appeals must find that all five standards outlined above can be met or are satisfied by the applicant. Planning staff finds that this variance request meets two standards and partially meets one additional standard outlined within Section 8.10.3a-e of the Land Use and Development Regulations discussed above. Therefore, the Planning Division recommends denial of the requested variance However, should the Board of Zoning Adjustment and Appeal choose to approve the variance, Planning staff recommends the following conditions.

Conditions of Approval

1. The applicant shall be required to provide the City with a hold harmless letter indemnifying the City from any damage incurred to the structure, should utility or drainage work by the City be necessary in the public utility and drainage easement located along the western property line of the site.

2. The granting of the setback variance shall be limited to the shed on the western side of the property and shall not apply to any future expansion of the single-family home.

3. The variance shall only apply to the existing shed and will be null and void should the

shed be demolished or removed.

Page 6: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

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Page 7: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

NOTICE OF 1035 PUBLIC HEARING

NOTICE OF PUBLIC HEARING

YOU ARE HEREBY NOTIFIED that

the City of Cape Coral, Florida, pro-poses to adopt RESOLUTION VA 2 -

2015; A RESOLUTION PURSUANT TO THE CITY OF CAPE CORAL LAND

USE AND DEVELOPMENT REGULA-

TIONS, ARTICLE VIII, ADMINISTRA-TION, SECTION 8.3, PUBLIC HEAR-

INGS, AND SECTION 8.10, VARI-ANCES, GRANTING A DIMENSION-

AL VARIANCE OF FOUR (4) FEET FROM THE MINIMUM SIDE SETBACK

REQUIREMENT OF SEVEN AND ONE-HALF (7.5) FEET IN ORDER TO PER-

MIT AN EXISTING SHED TO REMAIN THREE AND ONE-HALF (3.5) FEET

FROM THE SIDE PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B)

ZONE ON PROPERTY DESCRIBED AS LOTS 28 AND 29, BLOCK 2353,

UNIT 36, CAPE CORAL SUBDIVI-SION; PROPERTY IS LOCATED AT

338 NE 25th TERRACE. FURTHER that an application has

been received from RANDY AND MELISSA NEUMANN.

FURTHER that said request will be reviewed by the Cape Coral Planning

and Zoning Commission/Local Planning Agency sitting as the Board of Zoning

Adjustment and Appeals on Wednes-day, June 3rd, 2015 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 ensure 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 sufficient 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

[email protected]. For further information, please call Chad Boyko at

239-573-3162 or email at [email protected].

by order of Rebecca van Deutekom, MMC

City Clerk REF # VA15-0002

May 24, 2015

Page 8: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

RESOLUTION VA 2 - 2015

VA 15-0002

04/27/15

A RESOLUTION PURSUANT TO THE CITY OF CAPE

CORAL LAND USE AND DEVELOPMENT REGULATIONS,ARTICLE VIII, ADMINISTRATION, SECTION 8.3, PUBLIC HEARINGS, AND SECTION8.10, VARIANCES, GRANTING A DIMENSIONAL VARIANCE OF FOUR (4) FEET FROMTHE MINIMUM SIDE SETBACK REQUIREMENT OF SEVEN AND ONE-HALF (7.5) FEETIN ORDER TO PERMIT AN EXISTING SHED TO REMAIN THREE AND ONE-HALF (3.5)FEET FROM THE SIDE PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B)ZONE ON PROPERTY DESCRIBED AS LOTS 28 AND 29, BLOCK 2353, UNIT 36, CAPECORAL SUBDIVISION; PROPERTY IS LOCATED AT 338 NE 25™ TERRACE;PROVIDING AN EFFECTIVE DATE.

WHEREAS, an application by RANDY AND MELISSA NEUMANN has been submittedandreviewed by thePlanning andZoning Commission, theCity of Cape Coral andhas beenpresentedto the City of Cape Coral Board of Zoning Adjustment and Appeals at a Public Hearing forDimensional Variance.

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 andAppeals has considered therecommendations of the Planning and Zoning Commission, Local Planning Agency, the PlanningDivision of the City of Cape Coral, andthe presentation made by the Applicant before this Board at apublic meeting on the request for A DIMENSIONAL VARIANCE OF FOUR (4) FEET FROMTHE MINIMUM SIDE SETBACK REQUIREMENT OF SEVEN AND ONE-HALF (7.5) FEETIN ORDER TO PERMIT AN EXISTING SHED TO REMAIN THREE AND ONE-HALF (3.5)FROM THE SIDE PROPERTY LINE IN A SINGLE-FAMILY RESIDENTIAL (R-1B) ZONE onthe below described property:

LEGAL DESCRIPTION: LOTS 28-29, BLOCK 2353, CAPE CORAL UNIT 36, ASUBDIVISION ACCORDING TO THE PLAT THEREOF PLATBOOK 16, PAGES 112-130, INCLUSIVE, IN THE PUBLICRECORDS OF LEE COUNTY, FLORIDA.

PROPERTY LOCATED AT: 338 NE 25th TERRACE

and pursuant to City of Cape Coral Land Use and Development Regulations, Article VIII,Administration, Section 8.3, Public Hearings, and Section 8.10, Variances finds as follows:

A. Special conditions and circumstances exist which are peculiar to the land, structure, orbuildinginvolved and which are not applicable to other lands, structures, or buildings in the samezoning district The special conditions and circumstances do notresult from the actions oftheapplicant.

B. The granting of the variance requested will not confer on theApplicant any special privilegedenied to other lands, buildings, or structures in the samezoningdistrict.

C. Literal interpretation of the provisions of Land Use and Development Regulations woulddeprive the Applicant of rights commonly enjoyed by other properties in the same zoningdistrictand would work unnecessary and undue hardships on the Applicant.

D. The variance granted herein is the minimum variance that will make possible the reasonableuse of the Applicant's land, building, or structure.

Page 9: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

E. The granting of this variance will be in harmony with the general intent and purpose of theLand Use and Development Regulations, and that such variance will not be injurious to thearea involved or otherwise detrimental to the public welfare.

Section 2. The applicant shall meet die following terms and conditions:

1. The applicant shall be required to provide the City with a hold harmless agreementindemnifying the City from any damage incurred to the structure should utility or drainagework by the City be necessary in die public utility and drainage easement located along diewestern property line of the site.

2. The granting of the setback variance shall be limited to the shed on the western side of theproperty and shall not apply to any future expansion of die single-family home.

3. The variance shall only apply to the existing shed and will be null and void should the shed bedemolished or removed.

Section 3. Pursuant to City of Cape Coral Land Use and Development Regulations, Article VIII,Administration, Section 8.3, Public Hearings, and Section 8.10, Variances, the Applicant's request forDimensional Variance is hereby granted.

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 ,

2015.

DANIEL READ, CHAIRMANBOARD OF ZONING ADJUSTMENTAND APPEALS

ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF .,2015.

APPROVED AS TO FORM:

BRIANR. BARTOS

ASSISTANT CITY ATTORNEYVA15-0002

REBECCA VAN DEUTEKOM,

CITY CLERIC

Page 10: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]

City of Cape Coral

Department of Community Development

May 21, 2015

RE: RES VA 02-2015 CASE #: VA15-0002

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 by RANDY AND MELISSA NEUMANN.

The applicant is requesting a Dimensional Variance of 4 feet from the minimum side setback requirement of 7.5 feet in order to permit an existing shed to remain 3.5 feet from the side property line in a Single-Family Residential (R-1B) Zone. The property is located at 338 NE 25TH TERRACE.

The Board of Zoning Adjustment and Appeals will hear Resolution VA 02-2015 at a Public Hearing on Wednesday, June 3rd, 2015, 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 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, or email Chad Boyko at [email protected]. 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 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 contact Chad Boyko at 239-573-3162 or via email at [email protected].

The resolution and colored maps for this application are available at the City of Cape Coral website, www.capecoral.net/publichearing (Scroll down to “Public Hearing Cases” and click on 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

Page 11: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Department of Community Development Post Office Box 150027 Cape Coral, Florida 33915-0027

1015 Cultural Park Blvd. Cape Coral, Florida 33990 Email: [email protected]

Department of Community Development PLANNING DIVISION

VARIANCE – APPLICATION

CRITERIA APPLICABLE TO VARIANCES Cape Coral Land Use & Development Regulations Section 8.10

A. Definition: A modification of the requirements of this ordinance when such modification will not be contrary to the public interest where, because of conditions peculiar to the property involved and not the result of the actions of the applicant which occurred after the effective date of this ordinance, a literal interpretation of the ordinance would result in unnecessary and undue hardship.

B. Generally: Before any variance may be granted, the Board must and shall find all of the following. Such findings shall be recorded, along with any imposed conditions or restrictions, in the Board’s minutes and the records and issued in written form to the applicant to constitute proof of the variance:

1. Special conditions. The special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; that the special conditions and circumstances do not result from the actions of the applicant.

2. No special privilege. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district.

3. Hardship. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardships on the applicant.

4. Minimum variance. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

5. Purpose and intent; public interest. That the grant of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

C. Effect of approval: A variance applies to the property for which it is granted and not to the individual who applies for it. A variance also runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.

D. Recording: All variances, including any attached conditions or restrictions, approved by the Board shall be recorded in the office of the City Clerk.

Page 12: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

02290 02291 02292

022930229402295

02305

02307

02308

02309

02310

02314

02353

02355

444546

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

4041424344454647484950515253545556575859606162636465666768697071727374751

2

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5

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7

8910111213141516 41

4243444546474849

50

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1

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37 38 39

404142

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

2425262728293031323334353637383940414243444546

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15282930313233343536373839404142

1 2 3 4 5 6 7 8 9 10 11 12 13 14

1528

2930313233343536373839404142

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

2425262728293031323334353637383940414243444546

29 30 31

323334

789101112131415161718192021222324252627282930313233343536373839404142434445464748495051

29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72

73

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2425262728

293031323334353637383940414243444546

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

2425262728293031323334353637383940414243

SHANGRILACANAL

NE 26TH ST

NE 24TH TER

NE 25TH ST

NE 25TH TER

NE4T

HP L

NE 26TH TERNE

3RD

AVE

NE4T

HAV

E

0 80 160 240 320FeetThis 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.

April 15, 2015

Subject Parcel

500' Proximity Boundary

Case No. VA15-0002BLOCK 2353 Lots 28-29

Legend500 ft BoundarySubjectParcelR1BRDCanals/Lakes

ZONING MAP500 Proximity Boundary

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

SRB

µ

Page 13: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

500 FT BOUNDARY PROPERTY OWNERS -VA15-0002 - Randy and Melissa Neumann

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C4023080350

2308

325 NE 26TH ST R1B SMADAMS HOMES OF NW FLORIDA INC

3000 GULF BREEZ

32563FLGULF BREEZE

35

254323C4023090660

2309

311 NE 25TH TER R1B SMAHARON MOSHE

RACHMILEVITCH 1

JERUSALEM 97791

66

254323C4023550380

2355

311 NE 25TH ST R1BW SMALICEA MERCEDES + ROCHELLE

150 COUNTRYFAR

08053NJMARLTON

38

254323C4023090560

2309

331 NE 25TH TER R1B SMARTERBERRY GERALD W + MARY L

1918 NW 33RD AVE

33993FLCAPE CORAL

56

254323C4023090580

2309

327 NE 25TH TER R1B SMBATES JACK + CHERYLE

323 NE 25TH TER

33909FLCAPE CORAL

58

254323C4023090600

2309

323 NE 25TH TER R1B SMBATES JACK + CHERYLE

323 NE 25TH TER

33909FLCAPE CORAL

60

254323C4023550440

2355

323 NE 25TH ST R1BW SMBERGEN HERMAN W + MONIKA TR

PO BOX 5158

95696CAVACAVILLE

44

254323C3023080260

2308

343 NE 26TH ST R1B SMBORREGO RAQUELIN

17081 SW 51ST CT

33027FLMIRAMAR

26

254323C3023550540

2355

343 NE 25TH ST R1BW SMCAPE LOT OWNERS LLC

1423 SE 10TH ST S

33990FLCAPE CORAL

54

254323C4023530320

2353

330 NE 25TH TER R1BW SMCAROLINA S CO

3450 WAYNE AVE

10467NYBRONX

32

254323C3022940240

2294

343 NE 24TH TER R1B SMCELIS WILSON

9531 SW 38TH ST

33165FLMIAMI

24

Page 1 of 8Wednesday, April 15, 2015

Page 14: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C4023550460

2355

327 NE 25TH ST R1BW SMCLAVIERE SUZANNE

28 AV MAURICE DE

06400 CANNEI

46

254323C3022930050

2293

408 NE 25TH ST R1B SMCOCHRAN JIM

PO BOX 1701

33902FLFORT MYERS

5

254323C4022940130

2294

326 NE 25TH ST R1B SMCONLON GARY G

2050 JAMIESON AV

22314

APT 1210

VAALEXANDRIA

13

254323C4023080330

2308

329 NE 26TH ST R1B SMCOOTS JOSEPH

1926 NE 15TH LN

33909FLCAPE CORAL

33

254323C3023080180

2308

340 NE 26TH TER R1B SMCORONA PROPERTY HOLDINGS LLC

1310 SW 4TH TER

33991FLCAPE CORAL

18

254323C3023530220

2353

350 NE 25TH TER R1BW SMDASILVA JOSE M + LINDA TR

4 BOX WOOD CIR

01826MADRACUT

22

254323C4023530400

2353

314 NE 25TH TER R1BW SMDASILVA JOSE M + LINDA TR

4 BOX WOOD CIR

01826MADRACUT

40

254323C3023090520

2309

339 NE 25TH TER R1B SMDAVIS STEFAN

455 NE 5TH AVE U

33483FLDELRAY BEACH

52

254323C4023550500

2355

335 NE 25TH ST R1BW SMDEFILIPPIS ANDREW J + BRANDE A

1006 SW 26TH AVE

33426FLBOYNTON BEACH

50

254323C4023080390

2308

317 NE 26TH ST R1B SMDELONG EDWIN IVAN JR

PO BOX 1157

20714MDNORTH BEACH

39

254323C3022940170

2294

336 NE 25TH ST R1B SMDELTONA CORPORATION

8014 SW 135TH ST

34473FLOCALA

17

254323C4023090160

2309

320 NE 26TH ST R1B SMDELTONA CORPORATION

8014 SW 135TH ST

34473FLOCALA

16

Page 2 of 8Wednesday, April 15, 2015

Page 15: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C3022940200

2294

340 NE 25TH ST R1B SMDOLBY MICHAEL A + PENNY

340 NE 25TH ST

33909FLCAPE CORAL

20

254323C3023090500

2309

343 NE 25TH TER R1B SMDORSAINVIL NAOMIE

343 NE 25TH TER

33909FLCAPE CORAL

50

254323C3023090280

2309

344 NE 26TH ST R1B SMDPM RENTAL REALTY LLC

8411 SENECA TUR

13413NYNEW HARTFORD

28

254323C4023090640

2309

315 NE 25TH TER R1B SMDUKE STREET PROPERTIES LTD

5 W ROSEMONT A

22301VAALEXANDRIA

64

254323C3023090340

2309

402 NE 26TH ST R1B SMECHENIQUE MIGUEL ANGEL +

4700 SW 142ND CT

33175FLMIAMI

34

254323C3023090360

2309

406 NE 26TH ST R1B SMECKERT JOHN P +

31 BLUEBERRY CI

03841NHHAMPSTEAD

36

254323C3023530140

2353

412 NE 25TH TER R1BW SMFELDMAN SABINE

145 W 67TH ST AP

10023NYNEW YORK

14

254323C3023090300

2309

348 NE 26TH ST R1B SMFILS-AIME DANIEL + MERLAINE

348 NE 26TH ST

33909FLCAPE CORAL

30

254323C3023140010

2314

2603 NE 4TH AVE R1B SMFIVE TEN FLORIDA III LLC

9 EXCHANGE PLAC

84111UTSALT LAKE CITY

1

254323C4023550480

2355

331 NE 25TH ST R1BW SMFORREST GREGORY + SHARON

161 YELLOWBROO

07727NJFARMINGDALE

48

254323C3023090260

2309

340 NE 26TH ST R1B SMFUNKE IRIS G

125 SAMPSON ST

07026NJGARFIELD

26

254323C4023080130

2308

332 NE 26TH TER R1B SMGUERRERO JESUS MENDEZ

17801 N TAMIAMI T

33903FLNORTH FORT MYERS

13

Page 3 of 8Wednesday, April 15, 2015

Page 16: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C4022940310

2294

329 NE 24TH TER R1B SMGUTIERREZ RENALDO C+H JENNIFER

329 NE 24TH TER

33909FLCAPE CORAL

31

254323C4023530380

2353

318 NE 25TH TER R1BW SMHANCOCK BUILDERS LLC

1985 CEDAR BRIDG

08701NJLAKEWOOD

38

254323C3023080240

2308

347 NE 26TH ST R1B SMHARMON MAX TR +

PO BOX 275

65689MOCABOOL

24

254323C3022930410

2293

401 NE 24TH TER R1B SMHARTWIG DIETER

LUETKENSALLEE 4

22041 HAMBURG

41

254323C4023550400

2355

315 NE 25TH ST R1BW SMHESS INGRID

2110 PONDELLA R

33909FLCAPE CORAL

40

254323C3023080280

2308

339 NE 26TH ST R1B SMHILL NELLY NAVARRO

7404 SW 129TH CT

33183FLMIAMI

28

254323C3023550520

2355

339 NE 25TH ST R1BW SMK + F PROPERTIES LLC

885 SE 47TH TER S

33904FLCAPE CORAL

52

254323C3023530260

2353

342 NE 25TH TER R1BW SMKARALIC MAHO

1272 SURFSIDE DR

63010MOARNOLD

26

254323C4023090180

2309

324 NE 26TH ST R1B SMKELLY MINNETTE +

6553 CRANBURY C

08902NJNORTH BRUNSWICK

18

254323C3022940280

2294

335 NE 24TH TER R1B SMKRAIZGRUN SUSAN TR

2970 LUCKIE RD

33331FLWESTON

28

254323C4023530340

2353

326 NE 25TH TER R1BW SMLANDMARK ASSETS FLORIDA LLC

20900 NE 30TH AV

33180FLAVENTURA

34

254323C3023090320

2309

352 NE 26TH ST R1B SMLANSING NORA ELLEN

15 S LYONS AVE

12204NYMENANDS

32

Page 4 of 8Wednesday, April 15, 2015

Page 17: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C4023530360

2353

322 NE 25TH TER R1BW SMLHOMMELET CHRISTOPHE

6 AUX TABEREAUX

COURS DE MONTSEGUR

36

254323C4022940150

2294

330 NE 25TH ST R1B SMLONG BRIAN STEPHEN + SARA N

330 NE 25TH ST

33909FLCAPE CORAL

15

254323C3023090440

2309

401 NE 25TH TER R1B SMLOOK BEVERLY J

4302 WESTERN RD

48506MIFLINT

44

254323C3023090460

2309

351 NE 25TH TER R1B SMLOWE BARRY K SR + KATHLEEN M

5158 CLEVELAND A

15122PAWEST MIFFLIN

46

254323C3023530200

2353

400 NE 25TH TER R1BW SMMAGANA BENJAMIN + DORIAN

316 S PARK ST #1

07206NJELIZABETH

20

254323C3023530240

2353

346 NE 25TH TER R1BW SMMANERA JOSETTE MARIE R

141 S ORANGE AV

92821CABREA

24

254323C4023090220

2309

332 NE 26TH ST R1B SMMATIAS PAULINA

PO BOX 150455

33915FLCAPE CORAL

22

254323C4022940070

2294

314 NE 25TH ST R1B SMMORK DAVID E +

314 NE 25TH ST

33909FLCAPE CORAL

7

254323C4022940330

2294

325 NE 24TH TER R1B SMMOROSCO STEVEN C

726 SPRUCE HILL

08753NJTOMS RIVER

33

254323C3022940220

2294

344 NE 25TH ST R1B SMMURPHY MINERVA

4404 E WHITEWAT

33332FLWESTON

22

254323C3023090420

2309

405 NE 25TH TER R1B SMNAVARRO RIGOBERTO + ONEIDA

8801 SW 21ST TER

33165FLMIAMI

42

254323C3023530280

2353

338 NE 25TH TER R1BW SMNEUMANN RANDY J + MELISSA C

338 NE 25TH TER

33909FLCAPE CORAL

28

Page 5 of 8Wednesday, April 15, 2015

Page 18: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C3023550640

2355

411 NE 25TH ST R1BW SMPADNUK ANDREW S + DEBORAH A

8421 CASA DEL RI

33919FLFORT MYERS

64

254323C4022940110

2294

322 NE 25TH ST R1B SMPARKER ARLETHA C

6607 ROSS ST

19119PAPHILADELPHIA

11

254323C3023550560

2355

347 NE 25TH ST R1BW SMPARRA MIRIAM +

10 CARMONA AVE

33134FLCORAL GABLES

56

254323C3023550620

2355

407 NE 25TH ST R1BW SMPEREIRA JANUEREO + CARMEN

70 DANIELLE DR

01876MATEWKSBURY

62

254323C4023090240

2309

336 NE 26TH ST R1B SMPETERS KIMBERLE LEE

6926 PINE RUN RD

17740PAJERSEY SHORE

24

254323C3022930010

2293

400 NE 25TH ST R1B SMPONTELLO RICHARD J 1/3 +

132 EAGLE CREST

13031NYCAMILLUS

1

254323C3023080220

2308

348 NE 26TH TER R1B SMQUESTER DALE + EVELYN

304 GREENWOOD

44035OHELYRIA

22

254323C4023550420

2355

319 NE 25TH ST R1BW SMRAMEE FRANCOISE

18 RUE DEASAIX

14000 NANTES

42

254323C3023530160

2353

408 NE 25TH TER R1BW SMRAMOS MARTA I

2004 EXMOOR CT

60565ILNAPERVILLE

16

254323C4023080370

2308

321 NE 26TH ST R1B SMRAUTIER AMOS

321 NE 26TH ST

33909FLCAPE CORAL

37

254323C4022940370

2294

317 NE 24TH TER R1B SMROGGIO RACHELLE

1137 SE 19TH TER

33990FLCAPE CORAL

37

254323C4022940090

2294

318 NE 25TH ST R1B SMROMERO ADA FUENTES

9017 185TH ST

11423NYJAMAICA

10

Page 6 of 8Wednesday, April 15, 2015

Page 19: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C3022930030

2293

404 NE 25TH ST R1B SMROMSWED LLC

TEGELBRUKSGAT

SE-26061 HYLLINGE

3

254323C3022940260

2294

339 NE 24TH TER R1B SMRUIZ JOSE

848 PRETORIA CT

95127CASAN JOSE

26

254323C4023530420

2353

310 NE 25TH TER R1BW SMRUSSO DOMINIO P + FRANCES

4111 AVENUE S

11234NYBROOKLYN

42

254323C4023080300

2308

335 NE 26TH ST R1B SMSAINT ASHLEY

531 WINTERGREE

30115GACANTON

30

254323C3023550580

2355

351 NE 25TH ST R1BW SMSALLES CHRISTOPHE + MARLENE

17 RUE DES FLEUR

12510 DRUELLE

58

254323C3023090480

2309

347 NE 25TH TER R1B SMSANCHEZ JEAN Y

347 NE 25TH TER

33909FLCAPE CORAL

48

254323C4023090140

2309

316 NE 26TH ST R1B SMSANTINI FILIP

LETKOV 82

32600 LETKOV

14

254323C4023080160

2308

336 NE 26TH TER R1B SMSMITH ROBERT W + BRYGIDA

336 NE 26TH TER

33909FLCAPE CORAL

16

254323C3023550600

2355

403 NE 25TH ST R1BW SMSOUSA MANUEL D + KATHLEEN M

18 OVERLOOK CIR

03051NHHUDSON

60

254323C4022940350

2294

321 NE 24TH TER R1B SMTOTO LUIGI

63 FUNK RD

19330PACOCHRANVILLE

35

254323C3023090400

2309

409 NE 25TH TER R1B SMTRUDELL RICHARD TR +

18 SUNRISE LN

05458VTGRAND ISLE

40

254323C3023090380

2309

410 NE 26TH ST R1B SMVERRONE IRVIN RICHARD +

PO BOX 487

28480NCWRIGHTSVILLE BEACH

38

Page 7 of 8Wednesday, April 15, 2015

Page 20: It - Cape Coral, Florida · City of Cape Coral Variance Request Letter Of Intent We, Randy and Melissa Neumann, are requesting a zoning variance in the matter of a non-conforming

Owner Strap

Block/Lot

Owner Information Zoning FLU

254323C3023080200

2308

344 NE 26TH TER R1B SMWIGINTON JAMES B +

5515 SW 12TH AVE

33914FLCAPE CORAL

20

254323C4023530300

2353

334 NE 25TH TER R1BW SMWRISLEY FLORENCE

202 TROY RD

14850NYITHACA

30

254323C3023530180

2353

404 NE 25TH TER R1BW SMYALDO MASON +

6946 CARRINGTON

48322MIWEST BLOOMFIELD

18

254323C4023090540

2309

335 NE 25TH TER R1B SMZAARAGOZA JUAN M + BIBIANA L

335 NE 25TH TER

33909FLCAPE CORAL

54

254323C4023090200

2309

328 NE 26TH ST R1B SMZALIJ LLC

1423 SE 10TH ST S

33990FLCAPE CORAL

20

Page 8 of 8Wednesday, April 15, 2015