Book 136 . Page
Agenda Item 8
Meeting of 5/4/11
RESOLUTION 11-12889
A RESOLUTION DETERMINING FENCE AND WALL WAIVER PETITION 11-FWW1 FROM SECTION
56-37(b)(1) OF THE CODE OF ORDINANCES WHICH LIMITS FENCES IN THE FRONT YARD
OUTSIDE THE BUILDING ENVELOPE TO 3 FEET IN HEIGHT WITH 18 INCHES OF
DECORATIVE METALWORK AND LIMITS FENCE POSTS TO 6 INCHES ABOVE THE FENCE THEY
ARE SUPPORTING, LIMITS GATES IN THE FRONT YARD OUTSIDE THE BUILDING ENVELOPE
TO 6 FEET IN HEIGHT WITH GATE POSTS EXTENDING 6 INCHES TALLER THAN THE GATE
THEY ARE SUPPORTING IN ORDER TO ALLOW A CONCRETE/IRON FENCE TO BE CONSTRUCTED
IN THE FRONT YARD OUTSIDE THE BUILDING ENVELOPE, FOR PROPERTY OWNED BY LO
EXCLUSIVO, LLC, (FORMERLY GORDON RIVER APARTMENTS) LOCATED AT 1400 5TH AVENUE
NORTH, MORE FULLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 56-37(b)(1) of the Code of Ordinances of the City of
Naples limits fences in the front yard outside the building
envelope to 3 feet in height with 18 inches of decorative
metalwork and limits fence posts to 6 inches above the fence they
are supporting; and
WHEREAS, Section 56-37(b)(1) of the Code of Ordinances limits gates in the
front yard outside the building envelope to 6 feet in height with
gate posts extending 6 inches taller than the gate they are
supporting; and
WHEREAS,
Lo Exclusivo, LLC, is the owner of the property; and
WHEREAS, Pablo Jimenez, ASA Jimenez Builders, Inc., agent for the
petitioner, has been authorized by the owner to file this
petition; and
WHEREAS, the City Council, following an advertised public hearing,
considered public input, the recommendation of the staff, and the
standards and guidelines of Subsection 56-37(e)(2), "Standard
Waivers," finds that the criteria have been met and that the
petition should be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1. That Fence and Wall Waiver Petition 11-FWW1 from Subsection 5637(b)(1) of the Code of Ordinances, to allow a concrete/iron
fence to be constructed in the front yard outside the building
envelope along 5 th Avenue North at a height of 6 feet with 6 foot
6 inch tall columns and 8 foot tall gates with 8 foot 6 inch
tall gate posts where a maximum fence height of 3 feet plus 18
inches of decorative metalwork and 6 foot tall gates with 6 foot
6 inch tall gateposts is allowed, for property located at 1400
5th Avenue North (formerly Gordon River Apartments), in
conformance with the documents and drawings prepared by Seven
Design, dated "received 4/5/11", a copy of which is on file in
the City Clerk's office, is hereby granted said property being
more fully described as:
SEE ATTACHED "EXHIBIT
A"
7
Book 136 . Page
0
Resolution 11-12889
Section 2.
That approval of Fence and Wall Waiver petition 11-FWW1 is
subject to the following conditions:
1.
2.
3.
4.
5.
6.
Section 3.
Page 2
The petitioner shall submit a current boundary survey
and shall ensure that the fence is constructed
entirely on the subject property.
Gates shall not encumber the public right-of-way.
City utilities shall be located as to alignment and
depth prior to the installation of fencing and gates.
Unless subject to alternative routing, the swale
areas between the new fence location and the edge of
pavement shall be subject to landscaping/sod
placement with detention swales.
The external sidewalk along its southwest frontage
with 5 th Avenue North shall be subject to appropriate
repairs/replacement as part of the fence project
Petitioner shall install a card-activated pedestrian
gate.
This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY FLORIDA, THIS 4TH DAY OF MAY, 2011.
CIL OF THE CITY OF NAPLES,
Bill Barnett, M or
Approved as to form and legality:
Attest:
/140/011-,
Robert D. Pritt, City Attorney
Tara A. Norman, pity Clerk
M:\REF\COUNCIL\RES\2011\11-12889
Date filed with City Clerk:
,6*----/6
Book 136 . Page Resolution 11-12889
Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
Commencing at the intersection of the center line of 5th Avenue North with the center line of
14th Street, according to the recorded plat of River Park East, as recorded in Plat Book 4, Pages
84 and 85 of the public records of Collier County, Florida; thence along the center line of 5th
Avenue North, North 52 degrees 18' East, 83.95 feet thence South 37 degrees 42' East, 40.00
feet to the Southeasterly line of 5th Avenue North and the Place of Beginning of the parcel herein
described; thence along said Southeasterly line of 5th Avenue North, North 52 degrees 18' East,
90.30 feet thence Northerly 238.85 feet along the arc of a tangential circular curve concave to
the Northwest, radius 230.00 feet, subtended by a chord which bears North 22 degrees 33' East,
228.26 feet thence tangentially, North? degrees 12' West, 151.92 feet; thence North 90 degrees
00' East, 435.45 feet thence South 50 degrees 50' West, 208.50 feet thence Southerly 383.62
feet along the arc of a circular curve =cave to the East, radius 300.00 feet, subtended by a
chord which bears South 14 degrees 12' West, 358.02 feet thence non-tangentially, South 58
degrees 29' 40" East, 240.49 feet; thence South 0 degrees 18' West, 103.00 fed; thence along the
South line of Block 6 of said plat of River Park East, North 89 degrees 42' West, 307.00 feet;
thence North 37 degrees 42' West, 35.35
of Beginning; being a part of Block V
and apart of Block VI of said
givioty-