07 29 2024 DISASTER RELIEF BOARD ADA

City of Bonita Springs Community Development Manatee Conference Room 9101 BONITA BEACH ROAD, STE 118 BONITA SPRINGS, FLORIDA 34135 DISASTER RELIEF REVIEW BOARD MEETING AGENDA Monday, July 29, 2024 2:00p.m. I. Call to Order II. Roll Call III. Public Comment IV. Disaster Relief Request a. 4706 Kon Tiki Lane: ADD24-113665-BOS b. Lover’s Key State Park: ADD24-111302-BOS V. Board Member Items VI. Public Comment VII. Approval of Meeting Minutes a. May 22, 2024 VIII. Establish next meeting: (As needed) IX. Adjournment ____________________________________________________________________________________ ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT ANY OF THE MEETINGS BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT MIKE SHEFFIELD, CITY CLERK 239-949- 6262, AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE MEMBERS OF THE BONITA SPRINGS CITY COUNCIL MAY BE PRESENT AND MAY PARTICIPATE AT THE MEETING. THE SUBJECT MATTER OF THIS MEETING MAY BE AN ITEM FOR DISCUSSION AND ACTION AT A FUTURE BONITA SPRINGS CITY COUNCIL MEETING.  POST DISASTER EMERGENCY REVIEW BOARD BONITA SPRINGS, FLORIDA COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION STAFF REPORT PROJECT NAME: 4705 KON TIKI MOBILE HOME REPLACEMENT—HURRICANE IAN TYPE OF CASE: POST DISASTER RECOVERY ADMINISTRATIVE MODIFICATION CASE NUMBER: ADD24-113665-BOS BOARD MEETING DATE: JULY 29, 2024 PLANNER: MIKE FIIGON II REQUEST AND STAFF RECOMMENDATION A request to replace a mobile home destroyed by Hurricane Ian. Staff recommends APPROVAL of the request. APPLICATION SUMMARY: Applicant: Timberline Construction Group, LLC (dba Timber Creek Housing, LLC) Location: 4705 Kon Tiki Lane, Bonita Springs, Florida 34134 STRAP: 17-47-25-B4-00600.2560 Request: To replace a mobile home destroyed by Hurricane Ian. BACKGROUND AND INFORMATIONAL ANALYSIS The request is to replace a mobile home located in the Spring Creek Mobile Home Park (aka Spring Creek Village), which was destroyed by Hurricane Ian. The prior home (which was approximately 26ft wide by 44ft deep) built in 1985, was badly damaged during the storm and was demolished pursuant to permit DEM23-106283-BOS. A replacement home was applied for pursuant to permit MRV24-110205-BOS with the dimensions being approximately 23.2ft wide by 44ft deep, which is a slightly smaller footprint from what was there previously. The replacement was denied due to the home’s inability to meet the required setback minimums of the park. The required setbacks of Spring Creek Village are as follows: Front/Street: 10ft from the edge of the right-of-way Sides: 5ft Rear: 10ft The lot in question (known as Lot 256 of Spring Creek Village) also contains drainage and utility easements on all lots lines that are 5ft in width. However, the Applicant provided a survey for the previous home (Exhibit A) which shows a front setback of less than one foot from the edge of the street right-of-way. The other setback minimums appeared to have been met, but there was a significant encroachment into the front drainage and utility easement. Staff had concerns with the new home being placed so close to the edge of the right-of-way line and within the drainage/utility easement. In an effort to be more conforming with the stated setback requirements and in an effort of staying out of the platted easements, the new home is proposed to be at 5.5ft from the front/street right-of-way. By pushing the new home back from its previous location, the proposed rear setback for the replacement home is 5ft at its closest point. While this placement alleviates easement encroachments on all sides, relief is needed for the front and rear setbacks. Section 14-55 of the Bonita Springs City Code adopts the Lee County Code Chapter 10, Article IV, by reference for standards for post-disaster recovery. The code allows for the reconstruction or replacement of structures damaged by less than 50% or more than 50% of value. Structures may be reconstructed at (but not to exceed) the legally documented actual use, density and intensity existing at the time of destruction, thereby allowing those structures to be rebuilt or replaced to the size, style, and type of their original construction, including original square- footage; provided however, that the affected structure, as rebuilt or replaced, complies with all federal and state regulations, local building and life safety regulations, and other local regulations, which do not preclude reconstruction otherwise intended by Future Land Use Element Policy 1.5.1 as set forth in Section 14-55 of the Bonita Springs City Code. The proposed mobile home is a smaller footprint than the previous home and the proposed placement is more conforming to the street setback requirements for the park. Since the proposed home does not exceed the size of the previous home, it is the Staff opinion that the Disaster Relief Board has the authority to grant alternate development regulations pursuant to Section 14-55 of the Bonita Springs City Code, by reference of Chapter 10, Article IV of the Lee County Code, and the following proposed setbacks are appropriate for Lot 256: Front/Street: 5.5ft, from the edge of the right of way Sides: 5ft (including mechanical equipment pads) Rear: 5ft CONLCUSIONS AND RECOMMENDATIONS Staff recommends APPROVAL of the request to replace a mobile home on Lot 256 in Spring Creek Village, as conditioned below: CONDITIONS 1. The approval is valid for this application only, with relief granted for the front and rear setback as shown on the attached site plan (Attachment A). All other code regulations remain in full force and effect. 2. Approval of this action does not guarantee approval of a building permit. EXHIBITS A. Scanned copy of a portion of the boundary survey for the previous home (provided by the Applicant) ATTACHMENTS A. Proposed Site Plan B. Application Backup  EXHIBIT A • :, L .r l ..... <� ' l ,l ' t:I o . \.. -- ... t l o···\ >' r· . .., I , =- -�.---,.- � JlJUS-'-•TfDY\,1E • JJ>,�Q�� �� I h UR i,ti:lt =====z:�=...... '• J . I .....-30• W · 8().46' . . I • ,; l r '. •• s-- 1r. , .. ,., ,q. ,, ,._.l111C', f. I jl.k'\"'•· , , .. , • I ' . 1-1 .,_, l . ,;. , ,.. "I • '- � � ltD' . I : •• 1 � • • . ,at' < .W;<.&c' ... i,, l � �� j ' "!- ., l -�'\}; < � �iJ �. --� .:}j 1 f! \'}- ;,r.-,.{<--:'/i .._r��u·�(-�� ;)l 1 �1� . ... ,(.7 � , I l �?J!•," I ;/'_f�.� :(:.,,,,,.- . t•;�': !.� •• 111• � '" � I , ,,r.1 • ATTACHMENT A ATTACHMENT B  POST DISASTER EMERGENCY REVIEW BOARD BONITA SPRINGS, FLORIDA COMMUNITY DEVELOPMENT DEPARTMENT ZONING DIVISION STAFF REPORT PROJECT NAME: LOVER’S KEY STATE PARK PARK RANGER RESIDENCE REPLACEMENT—HURRICANE IAN TYPE OF CASE: POST DISASTER RECOVERY ADMINISTRATIVE MODIFICATION CASE NUMBER: ADD24-111302-BOS BOARD MEETING DATE: JULY 29, 2024 PLANNER: MIKE FIIGON II REQUEST AND STAFF RECOMMENDATION A request to replace a park ranger residence destroyed by Hurricane Ian. Staff recommends APPROVAL of the request. APPLICATION SUMMARY: Applicant: David Matson, FDEP/Bureau of Design and Construction Location: 8750-9950 Estero Boulevard, Fort Myers Beach, FL 33931 STRAP: 11-47-24-B3-00002.0010 Request: To replace a park ranger residence destroyed by Hurricane Ian. BACKGROUND AND INFORMATIONAL ANALYSIS The request is to replace a park ranger residence at Lover’s Key State Park. The residence was destroyed by Hurricane Ian in 2022. The reason for the request has to do with the future land use category classification of Recreation, which does not have residential allowances under the City’s regulations. However, since the destruction of the prior residence was the result of a natural disaster, it is eligible for replacement as part of the City’s disaster relief policies. The prior residence had been on-site since 1998, which pre-dates the incorporation of the City of Bonita Springs. The residence was approximately 1,590sf and contained both open and enclosed porches, as well as a lower-level carport/parking area. The proposed replacement residence is the same square-footage and will be elevated to meet floodplain requirements. The Applicant has applied for a single-family home permit through the City (RES24-111419-BOS). Section 14-55 of the Bonita Springs City Code adopts the Lee County Code Chapter 10, Article IV, by reference for standards for post-disaster recovery. The code allows for the reconstruction or replacement of structures damaged by less than 50% or more than 50% of value. Structures may be reconstructed at (but not to exceed) the legally documented actual use, density and intensity existing at the time of destruction, thereby allowing those structures to be rebuilt or replaced to the size, style, and type of their original construction, including original square- footage; provided however, that the affected structure, as rebuilt or replaced, complies with all federal and state regulations, local building and life safety regulations, and other local regulations, which do not preclude reconstruction otherwise intended by Future Land Use Element Policy 1.5.1 as set forth in Section 14-55 of the Bonita Springs City Code. CONLCUSIONS AND RECOMMENDATIONS Staff recommends APPROVAL of the request to replace a ranger residence at Lover’s Key State Park, as conditioned below: CONDITIONS 1. The approval is valid for one residence in the approximate location shown on the attached site plan (Attachment A). 2. Approval of this action does not guarantee approval of a building permit. ATTACHMENTS A. Proposed Site Plan B. Application Backup ATTACHMENT A  ATTACHMENT B If you have a disability and the format of this document interferes with your ability to access some information, please contact us at (239) 444-6150 during regular business hours (8:00am-5:00pm, Monday-Friday), and we’ll gladly assist. CITY OF BONITA SPRINGS Community Development Department 9220 Bonita Beach Road, Ste. 111 Bonita Springs, FL 34135 Phone: (239) 444-6150 email: permitting@cityofbonitaspringscd.org ADMINISTRATIVE ACTION REQUEST (2023) POST DISASTER ADMINISTRATIVE RELIEF (SUPPLEMENT L) This administrative approval process may be requested by property owner(s) for structures which have been damaged by fire or other natural forces to the extent that the cost of their reconstruction or repair exceeds fifty (50) percent of the building’s value (does not include land value) pursuant to Chapter 24, Floodplain Management, of the City of Bonita Springs City Code. These structures may be reconstructed at (but not to exceed) the legally documented actual use, density, and intensity existing at the time of destruction, thereby allowing those structure to be rebuilt or replaced to the size, style, and type of their original construction, including original square footage; provided, however, that the affected structure, as rebuilt or replaced, complies with all federal and state regulations, local building and life safety regulations, and other local regulations, which do not preclude reconstruction otherwise intended by Future Land Use Element Policy 1.5.1 as set forth in Bonita Springs City Code Chapter 14, Section 14-55. Florida Department of Environmental Protection - Lovers Key Sate Park Applicant’s Name: _________________________________________________________________________________ 8700 Estero Blvd, Fort Myers Beach, FL 33931 Property Address: _________________________________________________________________________________ 11-47-24-B3-00002.0010 STRAP Number: __________________________________________________________________________________ Modifications to development regulations sought (See Explanatory Notes for Eligibility): This application request is being made to reconstruct a single family residence within Lovers Key Park to provide housing for the Park _________________________________________________________________________________________________ Ranger. A single family house was previously located within this park and was substantially destroyed by hurricane Ian in 2022. _________________________________________________________________________________________________ _________________________________________________________________________________________________ ADDITIONAL SUBMITTAL REQUIREMENTS: 1. Provide documentation as to the actual uses, density and/or intensity in existence at the time of earlier construction before authorizing modifications to the requirements requested above. This can be done through such means as photographs, diagrams, plans, affidavits, permits, property appraiser records, utility bills, etc. EXPLANATORY NOTES 1. For single-family, two-family and duplexes and their accessory structures—The emergency review board is authorized to apply and modify development regulations for lot area and dimension, setbacks, lot coverage, height, handicapped access, and open space. 2. For multiple family, commercial and industrial buildings—The emergency review board is authorized to modify development regulations for lot area and dimensions, setbacks, lot coverage, height, handicapped access, buffering, open space, loading space and parking. 3. Any modifications granted will be the minimum necessary. No modifications will be granted that completely eliminate buffering or open space, or that will allow buildings to exceed the special height limitations specified in Land Development Code, Chapter 4, Zoning, Division 30, Property Development Regulations, Subdivision II, Height. Pnz_Admin_Action_Supp_L_Post_Disaster_Relief_20230116.docx 1/16/2023 10:29 AM Page 1 of 2 4. The emergency review board is specifically authorized to modify street, rear, side, or waterbody setback requirements under the following circumstances: a. Street, rear, side, or waterbody setbacks may be modified to permit the reconstruction of, or additions to, pre- existing structures that are nonconforming with regard to a specific setback as long as: [The reconstruction will not result in a further diminution of the setback, however, the emergency review board may approve bay windows, chimneys and similar architectural features that encroach further into a setback provided the encroachment does not protrude beyond the pre-existing overhang of the building.] b. Prior to approving any modification of street or street easement setbacks, a determination will be made through consultation with Lee County Department of Transportation and City of Bonita Springs Public Works regarding future road widening requirements. i. The reconstruction shall not result in a further diminution of the setback; however, the emergency review board may approve bay windows, chimneys and similar architectural features that encroach further into a setback, provided the encroachment does not protrude beyond the pre-existing overhang of the building; and ii. Setbacks may be modified to allow the replacement of stairs or decking that will provide access into a dwelling unit. c. The emergency review board is specifically authorized to modify the parking requirements under the following circumstances: i. To improve ingress and egress to the site. ii. To eliminate or reduce the instances where parked vehicles were required to back out onto thoroughfares to gain access to the roadway system. iii. To provide on-site handicapped parking. d. The emergency review board is specifically authorized to modify buffering requirements to accommodate modifications to parking or additional proposed parking. e. The emergency review board may also consider other modifications, conditions, or variances necessary to reconstruct a pre-existing structure in a timely and expeditious manner, including requests for reconstruction not specifically set forth above. f. The emergency review board may require documentation as to the actual uses, densities, and intensities in existence at the time of earlier construction through such means as photographs, diagrams, plans, affidavits, permits, etc., before authorizing modifications to the requirements referenced above. 5. No provision is made to redevelop property containing damaged structures for a more intense use or at a density higher than which existed prior to a major or catastrophic disaster. No redevelopment at a higher density or more intense use will be permitted unless appropriate zoning, development review, building permit and other applicable land development approvals are granted. 6. Once an application is deemed complete, the application will be scheduled for the next scheduled emergency review board meeting. NOTE: ACCEPTANCE OF AN APPLICATION FOR POST DISASTER ADMINISTRATIVE MODIFICATION IN NO WAY GUARANTEES ITS APPROVAL. DECISIONS RENDERED BY THE EMERGENCY REVIEW BOARD MAY BE APPEALED TO THE CITY OF BONITA SPRINGS BOARD OF ZONING ADJUSTMENTS AND APPEALS. Pnz_Admin_Action_Supp_L_Post_Disaster_Relief_20230116.docx 1/16/2023 10:29 AM Page 2 of 2  City of Bonita Springs Community Development Manatee Conference Room 9101 BONITA BEACH ROAD, STE 118 BONITA SPRINGS, FLORIDA 34135 DISASTER RELIEF REVIEW BOARD MEETING MINUTES Wednesday, May 22, 2024 2:00p.m. I. Call to Order Meeting called to order at 2:04pm II. Roll Call Board Member Backhurst and Feeney present; Board Member Haigis attended via phone Mike Fiigon for Staff was present. III. Public Comment None IV. Disaster Relief Request a. Sherwin Williams Sign: ADD24-110972-BOS Mike Fiigon presented the application. The ground sign is non-conforming, but was legally permitted by Lee County. The Sherwin Williams panel was destroyed during Hurricane Ian. Had it not been for the storm, the panel would have remained in place. The request was to put it back, as it was pre-storm. Board Member Backhurst made a motion to approve the replacement of the panel on the sign. Board Member Feeney seconded the motion. Motion carried unanimously. V. Board Member Items None VI. Public Comment None VII. Approval of Meeting Minutes a. February 15, 2024 Board Member Backhurst made a motion to approve the minutes, with no changes. Board Member Feeney seconded the motion. Motion carried unanimously.  VIII. Establish next meeting: (As needed) IX. Adjournment Meeting adjourned at 2:09pm RESPECTFULLY SUBMITTED BY MIKE FIIGON II APPROVED BY THE BOARD: ____________________________________ AUTHENTICATION: _____________________________________________