City of Cape Coral Department of Community Development

REQUEST TO BOARD OF ZONING ADJUSTMENT & APPEAL FOR A DIMENSIONAL VARIANCE

FEE: SINGLE-FAMILY RESIDENTIAL USE $150.00 ($150.00 PER EACH ADDITIONAL REQUEST) ALL OTHER USES $673.00. In addition to the application fee, all required advertising costs are to be paid by the applicant (ORO 39-03, Sec. 5.4). Advertising costs will be billed prior to hearing.

OWNER OF PROPERTY

SEE EXHIBIT A

APPLICANT

I.joda Herbert

AUTHORIZED REPRESENTATIVE

Address: SEE EXHIBI'f' A City: ________ State: Zip

Phone:

Address: 118 Tearall Rd. City: Raynham State: Ma-.- Zip 02767

Phone: 506 623 7762 cell 774 218 2008

Address : City: ________ State: __ Zip

Phone:

Unit 23 Block 1144 Lot(s) 25 & 26 Subdivision

Address of Property 517/519 Cultural Park Blvd. Current Zoning 8 0 Plat Book ----'-1 _;:,_4 ___ , Page _4.:....:5:::..__ ___ _

Strap Number 13 - 4 4- J,3 - C 3 0 /1 Y 1./ tJJ <;o

THIS APPLICATION SHALL ALSO HAVE ANY ADDITIONAL REQUIRED SUPPORTING DOCUMENTS

The owner of this property, or the applicant, agrees to conform to all applicable laws of the City of Cape Coral and to all applicable Federal, State, and County laws and certifies that all information supplied is correct to the best of their knowledge.

STATE OF r:1 (S/GNATURE,MUST BE NOTARIZED)

~, COUNTY OF _..L:/.-=Cf~~IJ------

s~~d subscribed before me this .1{_ day of )/av~ , 20L1~Y 0t/:l ':1 who is personally known or prod~ced d../iVU·· ~$,!)

as identification.

' :\ ~t. DIANNE DEE LaGRANGE ·, l'J(\ Notary Public, ltate of Aorida ~ ·;a Conunlsslon1DD989305 ;. ' My comm. expires June 27, 2014

-~·"'·_..._ ___ __ ,..!1

F-DCD-5011 Rev B Rev. 01/20/11

Exp. Date~ Commission Number:JJb.9~9~5 Signature of Notary Public: ~ Printed name of Notary Public:

Page 2 of 5 Va riance Request

Planning Division Case Report VA13-0027

Review Date: March 21, 2014 Property Owner: Multiple Property Owners - See Attached Exhibit “A” Owner Address: Multiple Addresses – See Attached Exhibit “A” Applicant: Linda Herbert Request: The applicant is requesting a 10 ft. variance from LUDR, Section 2.7.2 that

requires all buildings to maintain a minimum 20 ft. rear yard setback, in order to allow a covered lanai with a rear setback of 10 ft in a Multi Family Residential (R-3) district.

Location: 517-519 Cultural Park Boulevard Unit 23. Block 1144. Lots 25 and 26. 13-44-23-C3-01144.0250 Prepared By: Chad Boyko, AICP, Planner II Reviewed By: Mike Struve, AICP, Planning Team Coordinator Recommendation: Denial Approved By: Derek C.S. Burr, AICP, Planning Manager Urban Service Area: Transition

Zoning Future Land Use

Subject Parcel Multi-Family Residential (R-3) Mixed-Use (MX) Surrounding Zoning Surrounding Future Land Use North: R-3 MX South: R-3 MX East: Single-Family Residential (R-1B) Single-Family (SF) West: R-1B Parks and Recreation (PK)

Site Visit: March 21, 2014. Property Description/Findings: The subject property is a 10,000± sq. ft. parcel that is improved with a duplex. The subject property has frontage and access along Cultural Park Boulevard, a minor arterial. The property is also located on the

Mackinac Canal. This property recently changed ownership as the previous owner is now deceased and the property was transferred to a trust whose trustees are the children of the previous owner. The applicant states in her Letter of Intent that the original owner of the property constructed a covered lanai, which is considered part of the principal structure, on the rear of the duplex without receiving a building permit from the City. The covered lanai was constructed with a 10 ft. rear yard setback which is in violation to LUDR, Section 2.7.2 that requires a minimum 20 ft. rear yard setback for all principal structures in the R-3 district. The applicant learned that the covered lanai had not been permitted by the City of Cape Coral when the applicant attempted to list the property for sale. The applicant is seeking a variance to the minimum rear setback requirement in order to permit the covered lanai and to allow the property to be sold with a clean title. Analysis: The Planning Division has reviewed this application based on the City’s Land Use and Development Regulations (LUDR), Section 8.10.3a-e and the five (5) standards which covers variances, and offer 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 lands, structures or building in the same zoning district; that the special conditions and circumstances do not result from the actions of the applicant.

Staff Response: Planning staff finds that there are no special conditions concerning the

land or structure that would apply to the applicant’s requested variance. Staff finds that the subject property is a standard, rectangular-shaped property that is similar in size and shape to many other properties in the City. However, planning staff acknowledges that the applicant is not responsible for the illegal construction of the covered lanai, as the applicant did not build the lanai nor purchase the property. The applicant inherited the property, as opposed to purchasing the property in its current state.

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 Response: The granting of the variance would confer a special privilege to the

applicant. Any other applicant that seeking approval to encroach the minimum rear yard setback for their principal structure 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 Response: Planning staff finds that the applicant has not adequately demonstrated

a hardship for the proposed variance request. Staff acknowledges that the applicant did not construct the covered lanai, however, staff also finds that the applicant has

reasonable use of the property. Aside from the covered lanai in question, the property and the dwelling unit meet all of the R-3 district dimensional 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 Response: Planning staff finds that the requested variance would be the minimum

variance in order for the existing covered lanai 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.

Staff Response: Staff finds that the granting of the variance would not be in harmony

with the intent and purpose of the ordinance which is to ensure that adequate spacing is maintained between residences and between a building and a property line. However, Planning staff finds that the proposed variance would not be harmful to the surrounding area due to the subject property’s location along a canal that provides separation between this property and the adjacent property located to the east. The covered lanai faces an 80-foot wide canal, eliminating concerns regarding the lanai’s proximity to properties along the rear of the subject property. Staff also finds that the covered lanai will still maintain a setback of 10 feet, which should be sufficient to ensure that visibility down the Mackinac Canal is not diminished for the property owner located to the south. Staff does recommend that if the variance is approved the covered lanai cannot be enclosed in the future to be utilized as an extension of the single-family residence.

Staff Conclusion:

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 the application meets 2 of the 5 standards required for the approval of a variance request and therefore recommends denial. Planning staff recommends that if the Board of Zoning Adjustment and Appeals votes to approve the variance request, then the following conditions should be imposed:

1) The rear setback variance shall be limited to the existing covered lanai. 2) The subject lanai shall remain screened and shall not be enclosed in the future so as to

prevent the conversion of this area to habitable space.

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 4 – 2014; 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 TEN (10) FEET FROM THE MINIMUMREAR SET-

BACKREQUIREMENT OF TWENTY (20) FEET IN ORDER TO ALLOW A

COVERED LANAI TO REMAIN TEN

(10) FEET FROM THE REAR PROPER-TY LINE IN A MULTI-FAMILY RESI-

DENTIAL (R-3) ZONE ON PROPERTY DESCRIBED AS LOTS 25 AND 26,

BLOCK 1144, CAPE CORAL, UNIT 23; PROPERTY IS LOCATED AT

517/519 CULTURAL PARK BOULE-VARD; PROVIDING AN EFFECTIVE

DATE. FURTHER that an application has

been received from LINDA HERBERT. 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 May 7th,

2014 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 insure 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

comdev@capecoral.net. For further information, please call

Chad Boyko at 239-573-3162 or at cboyko@capecoral.net.

by order of Rebecca van Deutekom, MMC

City Clerk REF # VA13-0027

Sunday, April 27th, 2014

RESOLUTION VA 4 - 2014

VA 13-0027

04/14/14

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 TEN (10) FEET FROMTHE MINIMUM REAR SETBACK REQUIREMENT OF TWENTY (20) FEET IN ORDER TOALLOW A COVERED LANAI TO REMAIN TEN (10) FEET FROM THE REAR PROPERTYLINE IN A MULTI-FAMILY RESIDENTIAL (R-3) ZONE ON PROPERTY DESCRIBED ASLOTS 25 AND 26, BLOCK 1144, CAPE CORAL, UNIT 23; PROPERTY IS LOCATED AT517/519 CULTURAL PARK BOULEVARD; PROVIDING AN EFFECTIVE DATE.

WHEREAS, an application by LINDA HERBERT has been submitted and reviewed by thePlanning and Zoning Commission, the City of Cape Coral, and has been presented to the City of CapeCoral Board of Zoning Adjustment and Appealsat a Public Hearing for Dimensional 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 and Appeals has considered therecommendations of the Planning and Zoning Commission, Local Planning Agency, the PlanningDivision of the City of Cape Coral, and the presentation made by the Applicant before this Board at apublic meeting on the request for A DIMENSIONAL VARIANCE OF TEN (10) FEET FROMTHE MINIMUM REAR SETBACK REQUIREMENT OF TWENTY (20) FEET IN ORDER TOALLOW A COVERED LANAI TO REMAIN TEN (10) FEET FROM THE REAR PROPERTYLINE IN A MULTI-FAMILY RESIDENTIAL (R-3) ZONE on the below described property.

LEGAL DESCRIPTION: LOTS 25 AND 26, BLOCK 1144, CAPE CORAL, UNIT 23, ASUBDIVISION ACCORDING TO THE MAP OR PLAT

THEREOF ON FILE AND RECORDED IN THE OFFICE OF

THE CLERK OF THE CIRCUIT COURT, LEE COUNTY,FLORIDA, IN PLAT BOOK 14, PAGES 39 THRU 52,INCLUSIVE

PROPERTY LOCATED AT: 517/519 CULTURAL PARK BOULEVARD

and pursuant to City of Cape Coral Land Use and Development Regulations, Article VIII,Administration, Section8.3,PublicHearings, and Section 8.10, Variances finds as follows:

A. Special conditions and circumstances existwhichare peculiar to the land, structure, or buildinginvolved and which are not applicable to other lands, structures, or buildings in the samezoning district The special conditions and circumstances do not result from the actions of theapplicant.

B. The granting of the variance requested will not confer on the Applicant any special privilegedenied to other lands, buildings, or structuresin the same zoning district.

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 zoningdistrict and 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.

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 rear setback variance shall be limited to the existing covered lanai.

2. The subject lanai shall remain screened and shall not be enclosed in the future so as to preventthe conversion of this area to habitable space.

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 ,2014.

DANIEL READ, CHAIRPERSONBOARD OF ZONING ADJUSTMENTAND APPEALS

ATTESTED TO AND FILED IN MY OFFICE THIS DAY OF .,2014.

APPROVED AS TO FORM:

BRIAN R. BARTOS

ASSISTANT CITY ATTORNEYVA13-(X)27

REBECCA VAN DEUTEKOM,

CITY CLERK

Department of Community Development Planning Division

AFFIDAVIT

IN RE: APPLICATION OF: Herbert, Linda M +Destefano, Susan A+ Gerald J Jr+ Destafano Steven+ Cahill, Jane M + Destafano, Mark+ Destafano, Christopher+ Destafano, Diane Meal

APPLICATION NO:

STATE OF FLORIDA

COUNTY OF LEE

VA13-0027

) ) §

)

I, Vincent A. Cautero, AICP having first been duly sworn according to law, state on my oath the following:

That I am the Director of the Department of Community Development and responsible in performing duties as required for the City of Cape Coral.

That pursuant to City of Cape Coral code. Section 8.3.2A and Section 8.11.3.A all required written notice and publication has been provided. Also posting of a sign has been done when applicable per Section 8.3.2A.

DATED this

STATE OF FLORIDA COUNTY OF LEE

day of

Vincent A. Cautero, AICP

The foregoing instrument was acknowledged before me this JQ-N:I\ day of Qp(J by Vincent A. Cautero, AICP, who is personally known to me and who did not take an oath.

I 2014 I

Exp. Date =/1/d-ul b Commission# [Et 90rr;

( }:ll'L~ \k\~:~c~ si'gMttire of Notary Public

, ku ·, \-\a\ b~s~ PrintNarT;e of Notary Public

(D.; .. ~ JACKI L HALBISEN : ·~ MY COMMISSION t EEt81085

•• , EXPIRES May 07. 20te · 140n3ee.o153 ·-

City of Cape Coral

Linda Herbert 118 Tearall Rd. Raynham, Ma. 02767 774-218-2008

Dept. of Community Development Director P.O. Box 150027 Cape Coral, Fl. 33915-0027

RE: Rear Set back allowance variance request for exsisting lanai addition. Property address 517/519 Cultural Pk. Blvd.

Dear Director:

The purpose of this let ter is to request a variance to the re­quired 20 ft. set back to sea wall allowance for our exsisting lanai structure.

This property was inherited fromb ur elderly father in it's current state and recently disco~ered while trying to list property for sale to be in non-conformance with city zoning laws.

My father had a 28x10 ft. lanai addition added to rear of property and apparently no permits were obtained. Upon this discovery I initiated process to rectify permit problem when it was brought to my attention that exsisting addition was also 10 ft. to close to sea w~~l. We are requesting a 10 ft rear set back to sea wall aYt~~~~so that we may continue to correct the permitting issues.

We feel that the circumstances of our ownership of this property are different from other properties in the same zoning district and these special circumstances do not result from our actions. Moreover, it is our suspicion that since our father was terminally ill, at the time of construction, he may have been unaware the proper permitting procedures were not followed.

We do not f~that this variance would give us special privilege because other residential homes have similar structures.

The literal interpertation of this ordinace would cause an undue hardship on the co-owners of this property. Currently, we cannot afford the cost of removing the non- conforming structure and also remain unable to sell the property, until this matter is resolved.

The ten (10) foot variance requested is the minimum amount needed to satisfy the current non-conforming structure.

Granting of this variance would be within the purpose of this ordinance because it would not be injurious to the area or otherwise detrimental to the piblic welfare.

We respectfully .request that you grant this after the fact dimensional variance.

Sincerly,

~~~ L1nda Herbert, Property Co-owner and Representative November 15, 2013

City of Cape Coral Department of Community Development

ACKNOWLEDGEMENT FORM

I have read and understand the above instructions. Hearing date(s) will be confirmed when I receive a copy of the Notice of Public Hearing stipulating the day and time of any applicable hearings.

I acknowledge that I or my representative must attend any applicable meetings scheduled for the Planning & Zoning Commission/Local Planning Agency, Board of Zoning Adjustments and Appeals, and Council.

I will have the opportunity, at the hearing, to present verbal information pertaining to my request that may not be included in my application.

I understand that I am responsible for recording the approved Resolution/Ordinance with the Lee County Clerk of Circuit Courts and providing a copy of the recorded Resolution/Ordinance to the City of Cape Coral Planning and Growth Management Division.

I understand any decision rendered by the CITY shall be subject to a thirty (30) day appeal period. Any work performed within the thirty (30) day time frame or during the APPEAL process will be completed at the applicant's risk.

Please obtain all necessary permits prior to commencing any phase of construction.

Please indicate on a separate sheet those persons to whom you wish a copy of the Public Hearing Notice sent.

By submitting this application, I acknowledge and agree that I am authorizing the City of Cape Coral to inspect the subject property and to gain access to the subject property for inspection purposes reasonably related to this application and/or the permit for which I am applying.

CORPORATION/COMPANY NAME

Linda Herbert PROPERTY OWNER (PLEASE TYPE OR PRINT) R TrOWNE SIGNATURE

STATE OF r) (SIGNATURE MUST BE NOTARIZED)

___Lu--. __ . couNTY oF ____.L_e ...... t... ______ _

Swo;n to <;~;t:rrne;!.J.nd subscribed before me this d day of~, ~ ~ J./ot/J. IJ'/u who is personally known or produced VlC as identificatiOn.

DIANNE DEE LaGRANGE Notary Public, itate or Aorida

Comtnlsslont DD98S30S M}' ~tnl'fl, ~rH June 27, 2014

F-DCD-5011 Rev B 11 .20.07 - cam

Exp. Date~Commission Number:<J49/19.&;5

'=~~ Signature of Notary Public: Printed name of Notary Public : V~L ~

Page 4 of 5 Variance Request

I . INSTR # 2009000334693, Doc TypeD, Pages 2, Recorqed 12/17/2009 at 11:57 AM, Charlie Green, Lee County Clerk of Circuit Court, Deed Doc. D $0.70 Rec. Fee $18.50 Deputy Clerk JCASOLA

PARCEL ID 13-44-23-C3-01144.0250 (WITHOUT TITLE EXAMINATION) THIS INSTRUMENT PREPARED BY: John E. O'Neill, Esquire SHIPP, O'NEILL & POHL, LLP 4223 Del Prado Boulevard Cape Coral, Florida 33904

T R U S T E E'S D E E D

THIS INDENTURE made this :Ji. ~th day of 0 c. T , 2009, between LINDA M. HERBERT, individually and as first successor Trustee of The Gerard DeStefano Trust dated November 11 , 2008, Grantor•. whose mailing address is 118 Tearall Road , Raynham, MA 02767, and Linda M. Herbert, a married woman, Susan A. DeStefano, a married woman, Gerard J. DeStefano, Jr., a married man, Steven DeStefano, a single man, Jane M. Cahill , a married woman, Mark DeStefano, a married man, Christopher DeStefano, a single man, and Diane DeStefano Meal, a single woman, Grantee•, whose mailing address is 118 Tearall Road , Raynham, MA 02767, as to an undivided one-eighth (1/8) interest each, as tenants in common.

WITNESSETH

WHEREAS, the said LINDA M. HERBERT is the duly qualified first successor Trustee under The GERARD DeSTEFANO Trust dated November 11 , 2008, with every power and authority granted to the first successor Trustee thereunder, and by a Warranty Deed dated June 30, 2009 and recorded on July 6, 2009 as Instrument #2009000181843, in the public records of Lee County) Florida, as more fully set forth in the Affidavit of Trustee recorded on

11 /o q J.oO'i as Instrument # .J:0<'9oOO .)tJC <:f:-t-0 , in the public records of Lee County, Florida

WHEREAS, the Gerard DeStefano Revocable Living Trust Agreement dated November 11 . 2008 provides for the outright distribution of the property to LINDA M. HERBERT, SUSAN A. DeSTEFANO, GERARD J. DeSTEFANO, JR., STEVEN DeSTEFANO, JANE M. CAHILL, MARK DeSTEFANO, CHRISTOPHER DeSTEFANO and DIANE DeSTEFANO, as tenants in common, upon the death of Gerard DeStefano a.k.a. Gerard J. DeStefano.

NOW THEREFORE, the said Grantor, by virtue of the power and authority given in and by the terms and provisions of the said Trust and deed, and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, does hereby remise , release, sell and convey unto Grantee and their assigns and heirs forever all that certain parcel of land lying and being in the COUNTY OF LEE, STATE OF FLORIDA, more particularly described as follows:

Lots 25 and 26, Block 1144, CAPE CORAL, UNIT 23, a subdivision according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, Lee County, Florida, in Plat Book 14, Pages 39 through 52, inclusive.

SUBJECT to easements, restrictions and reservations of record and taxes for the current year and subsequent years.

THE SUBJECT PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN, NOR IS IT CONTIGUOUS TO THE HOMESTEAD PROPERTY OF GRANTOR WHO RESIDES AT THE ADDRESS STATED ABOVE.

GRANTOR WARRANTS the title to the property for any acts of Grantor and will defend the title against the lawful claims of all persons claiming by, through or under Grantor.

TO HAVE AND TO HOLD the same together with all the hereditaments and appurtenances thereunto belonging , or in anywise appertaining , and all the estate, right, title, interest, claim and demand whatsoever, to the Grantee, his heirs and assigns forever.

I • \ INSTR ~ 2009000334693 Page Number: 2 of 2

IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seal on the day and year first above written.

Signed, Sealed and Delivered

rntheqjn;;~ ~ S1gn:~

Print: fJttrrtq Mo!l!UtfL4.5

Sign : ~ {)£~

STATE OF Air COUNTYO.~F~/?~/~~<-17~- ~L------­

,s>-

L DA M. HERBERT, as f1rst successor Trustee of the GERARD DeSTEFANO Trust dated November 11, 2008

I HEREBY CERTIFY that on th is day, before me, an officer duly qualified to take acknowledgments, personally appeared LINDA M. HERBERT as first successor Trustee of The GERARD DeSTEFANO Trust dated November 11 , 2008, to me personally known to be the person described in and who executed the foregoing instr~o~ment ~knowledged before me that she executed the same after presenting flcrr ;@ , . fi.L/V\e--9 as proper identification.

WITNESS my hand and official seal in the County and State last aforesaid this M f4r day of ifch.IJ/4- . 2009

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4342

4140

3938

3736

3534

3332

31

30

25

23

21 60

01139

01430

01144 01146

01137

01421

0142

9

01431

01422

0 60 120 180 240FeetThis 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 3RD, 2014

Subject Parcel

500' Proximity Boundary

Case No. VA13-0027BLOCK 1144 LOTS 25-26

LegendSubject parcel500 ft boundaryR1BR3Canals/Lakes

IMPROVEDNY

ZONING MAP500 Proximity Boundary

CITY OF CAPE CORALDepartment of

Community DevelopmentPlanning Division

KRKA

µ

Department of Community Development

Case # VA 13-0027

c:::J Subject Parcel

W. E s

Map Date: January 8, 2014 Aerial Date: February 2013

0 75 150 ----c:::==== Feet This map Is not a 1urvey and llhould not be used In pllce of a survey. Wile every elfort Is made to eccuratetv depict the n\lpped are1, erro" and om IN ions m.y oceu". Ttwtrefore, IM City of cape Coral cannot be l'le&d llbll for lnddenlm INil mey red due to f'le lrl"IP'Q9et ...-e of the Fobrmatlon pru.ented on UH map. Thia ~P Is no1 Intended for CC>Mtruction, n.vlgatlon or engine.ring calculltio4W-P1e1H contact lhe Oepallment ofCommunttv Development with 1riyque1tion1 regarding tt'li1 m11p product.

500 FT BOUNDARY PROPERTY OWNERS - VA13-0027- Linda Herbert

Owner Strap

Block/Lot

Owner Information Zoning FLU

184424C4014210270

1421

611 SE 8TH PL R1B SFANDERSON BRANDI

2204 NE 9TH AVE

33909FLCAPE CORAL

27

184424C4014300050

1430

521 SE 8TH PL R1B SFBAKER JOHN E SR + BRENDA C

521 SE 8TH PL

33990FLCAPE CORAL

5

184424C4011460480

1146

532 SE 8TH PL R1BW SFBALLINGER DAVID + MARY JANE

23 NEWBURY ST

10950NYMONROE

48

184424C4011460400

1146

614 SE 8TH PL R1BW SFBOJKO EUGENE M + DEBRA L

614 SE 8TH PL

33990FLCAPE CORAL

40

184424C4014300070

1430

517 SE 8TH PL R1B SFCAMERON SHARON MARIE

517 SE 8TH PL

33990FLCAPE CORAL

7

184424C4014210350

1421

606 SE 9TH AVE R1B SFCAPE CORAL HOUSING DEV CORP

609 SE 9TH TER AP

33990FLCAPE CORAL

35

134423C3011370550

1137

725 SE 5TH ST R3 MXCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

55

134423C3011390010

1139

516 544 CULTURAL PARK BLV R3 PKCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

TR

134423C3011390010

1139

516 CULTURAL PARK BLVD S NZ PKCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

TR

134423C3011390010

1139

516 CULTURAL PARK BLVD S R3 PKCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

TR

134423C3011390010

1139

544 CULTURAL PARK BLVD S R3 PKCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

TR

Page 1 of 6Thursday, April 03, 2014

Owner Strap

Block/Lot

Owner Information Zoning FLU

134423C3011390010

1139

516 544 CULTURAL PARK BLV R3 PKCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

TR

134423C3011440230

1144

521 CULTURAL PARK BLVD S R3W MXCITY OF CAPE CORAL

PO BOX 150027

33915FLCAPE CORAL

23

134423C3011440290

1144

509 CULTURAL PARK BLVD S R3W MXCRESPO FELIPA O TR

460 13TH ST SW

34117FLNAPLES

29

134423C3011440310

1144

505 CULTURAL PARK BLVD S R3W MXCRESPO FELIPA O TR

460 13TH ST SW

34117FLNAPLES

31

184424C4014210250

1421

615 SE 8TH PL R1B SFDELAO FELIPE + ELIZABETH

615 SE 8TH PL

33990FLCAPE CORAL

25

134423C3011440370

1144

429 CULTURAL PARK BLVD S R3W MXDREWS RICHARD J +

427 CULTURAL PA

33990FLCAPE CORAL

37

134423C3011440370

1144

427 CULTURAL PARK BLVD S R3W MXDREWS RICHARD J +

427 CULTURAL PA

33990FLCAPE CORAL

37

134423C3011440370

1144

427 429 CULTURAL PARK BLV R3W MXDREWS RICHARD J +

427 CULTURAL PA

33990FLCAPE CORAL

37

134423C3011440100

1144

603 CULTURAL PARK BLVD S R3W MXFEIKERT ARLAN W + JULIA A

545 CULTURAL PA

33990FLCAPE CORAL

10

134423C3011440100

1144

545 CULTURAL PARK BLVD S R3W MXFEIKERT ARLAN W + JULIA A

545 CULTURAL PA

33990FLCAPE CORAL

10

134423C3011440100

1144

545 603 CULTURAL PARK BLV R3W MXFEIKERT ARLAN W + JULIA A

545 CULTURAL PA

33990FLCAPE CORAL

10

184424C4014210330

1421

602 SE 9TH AVE R1B SFFLORES MARIA LUISA

2701 GRAND CONC

10468NYBRONX

33

Page 2 of 6Thursday, April 03, 2014

Owner Strap

Block/Lot

Owner Information Zoning FLU

184424C4014300690

1430

510 SE 9TH AVE R1B SFGILMARTIN SHAWN +

510 SE 9TH AV

33990FLCAPE CORAL

69

184424C4014300770

1430

526 SE 9TH AVE R1B SFGUADARRAMA MARIO + LUZ

2704 NE 2ND AVE

33909FLCAPE CORAL

77

184424C4014300130

1430

505 SE 8TH PL R1B SFGUIDRY SHARON A

505 SE 8TH PL

33990FLCAPE CORAL

13

184424C4011460560

1146

516 SE 8TH PL R1BW SFHAWK DONALD E + MARY

516 SE 8TH PL

33990FLCAPE CORAL

56

134423C3011440190

1144

529 CULTURAL PARK BLVD S R3W MXHENSON CANDACE P

10323 CANNON FO

21742MDHAGERSTOWN

19

134423C3011440250

1144

517 519 CULTURAL PARK BLV R3W MXHERBERT LINDA M +

118 TEARALL RD

02767MARAYNHAM

25

134423C3011440250

1144

519 CULTURAL PARK BLVD S R3W MXHERBERT LINDA M +

118 TEARALL RD

02767MARAYNHAM

25

134423C3011440250

1144

517 CULTURAL PARK BLVD S R3W MXHERBERT LINDA M +

118 TEARALL RD

02767MARAYNHAM

25

184424C4011460580

1146

512 SE 8TH PL R1BW SFKRAUS JASON C + SHELLY M

4133 NE 21ST PL

33909FLCAPE CORAL

58

134423C3011440130

1144

541 543 CULTURAL PARK BLV R3W MXLAU STEPHEN YAN MI TR +

251 OHIO ST UNIT

91106CAPASADENA

13

134423C3011440130

1144

541 CULTURAL PARK BLVD S R3W MXLAU STEPHEN YAN MI TR +

251 OHIO ST UNIT

91106CAPASADENA

13

134423C3011440130

1144

543 CULTURAL PARK BLVD S R3W MXLAU STEPHEN YAN MI TR +

251 OHIO ST UNIT

91106CAPASADENA

13

Page 3 of 6Thursday, April 03, 2014

Owner Strap

Block/Lot

Owner Information Zoning FLU

184424C4011460420

1146

610 SE 8TH PL R1BW SFLEE THOMAS E + MARY E

610 SE 8TH PL

33990FLCAPE CORAL

42

134423C3011440170

1144

533 CULTURAL PARK BLVD S R3W MXLEONARD TAL T TR

9861 MAINSAIL CT

33919FLFORT MYERS

17

134423C3011440150

1144

537 CULTURAL PARK BLVD S R3W MXLEONARD TAL TR

9861 MAINSAIL CT

33919FLFORT MYERS

15

184424C4011460440

1146

606 SE 8TH PL R1BW SFLEPSKI ANNA

2131 VAN BUREN P

07083NJUNION

44

134423C3011440210

1144

525 CULTURAL PARK BLVD S R3W MXLEWIS CARL H

522 W ERIE ST

59457MTLEWISTOWN

21

184424C4014300010

1430

529 SE 8TH PL R1B SFLIBERSHER LEONARD E

PO BOX 152025

33915FLCAPE CORAL

1

184424C4014300110

1430

509 SE 8TH PL R1B SFLIOTARD WALTER E + LAURA L

509 SE 8TH PL

33990FLCAPE CORAL

11

184424C4014300750

1430

522 SE 9TH AVE R1B SFMARCELO ERIK +

522 SE 9TH AVE

33990FLCAPE CORAL

75

184424C4011460460

1146

602 SE 8TH PL R1BW SFMATUSEWICZ MARYANNE P

602 SE 8TH PL

33990FLCAPE CORAL

46

184424C4011460640

1146

500 SE 8TH PL R1BW SFMOORE PHILOMENA TR

500 SE 8TH PL

33990FLCAPE CORAL

64

184424C4011460380

1146

618 SE 8TH PL R1BW SFMURRAY ROBERT N + BARBARA A

9815 RICHARDSON

60081ILSPRING GROVE

38

134423C3011370590

1137

717 SE 5TH ST R3 MXNELSON PAMELA A

267 CALOOSA EST

33935FLLABELLE

59

Page 4 of 6Thursday, April 03, 2014

Owner Strap

Block/Lot

Owner Information Zoning FLU

134423C3011370590

1137

717 719 SE 5TH ST R3 MXNELSON PAMELA A

267 CALOOSA EST

33935FLLABELLE

59

184424C4011460540

1146

520 SE 8TH PL R1BW SFNOAM INVESTMENTS LLC

1 LOTEM ST

MAHARIYA 22358

54

134423C3011440390

1144

423 CULTURAL PARK BLVD S R3W MXNS PROPERTY I INC

1715 CAPE CORAL

33914FLCAPE CORAL

39

184424C4014300730

1430

518 SE 9TH AVE R1B SFPAVESE PAUL A + DONNA M

518 SE 9TH AVE

33990FLCAPE CORAL

73

184424C4011460500

1146

528 SE 8TH PL R1BW SFPHILLIPS MICHAEL P + MARISSA

528 SE 8TH PL

33990FLCAPE CORAL

50

184424C4014300710

1430

514 SE 9TH AVE R1B SFRAGONE TAMI C

4838 SOUTH HEDG

18103PAALLENTOWN

71

184424C4011460660

1146

422 SE 8TH PL R1BW SFRENNINGER CARL + NANCY

422 SE 8TH PL

33990FLCAPE CORAL

66

184424C4014300150

1430

501 SE 8TH PL R1B SFSAMANGO HOLLY

PO BOX 279

96712HIHALEIWA

15

184424C4014210290

1421

607 SE 8TH PL R1B SFSILVIA JAMES A

27750 HACIENDA E

34135FLBONITA SPRINGS

29

184424C4014300090

1430

513 SE 8TH PL R1B SFSNYDER CRYSTAL

513 SE 8TH PL

33990FLCAPE CORAL

10

184424C4014300790

1430

530 SE 9TH AVE R1B SFSOBERANO RALPH + CONNIE

549 CEDARMONT D

37013TNANTIOCH

79

134423C3011440270

1144

513 CULTURAL PARK BLVD S R3W MXSPORTELLI MARIA

513 CULTURAL PA

33990FLCAPE CORAL

27

Page 5 of 6Thursday, April 03, 2014

Owner Strap

Block/Lot

Owner Information Zoning FLU

134423C3011440270

1144

513 515 CULTURAL PARK BLV R3W MXSPORTELLI MARIA

513 CULTURAL PA

33990FLCAPE CORAL

27

134423C3011440270

1144

515 CULTURAL PARK BLVD S R3W MXSPORTELLI MARIA

513 CULTURAL PA

33990FLCAPE CORAL

27

134423C3011440330

1144

433 CULTURAL PARK BLVD S R3W MXTALAN CORPORATION 90% +

3613 DEL PRADO B

33904FLCAPE CORAL

33

184424C4011460520

1146

524 SE 8TH PL R1BW SFTARDIBONE FRANK +

PO BOX 2232

13021NYAUBURN

52

184424C4014300030

1430

525 SE 8TH PL R1B SFTHOMAS RON +

525 SE 8TH PL

33990FLCAPE CORAL

3

134423C3011370530

1137

726 SE 4TH TER R3 MXVECTIRELIS LEON + ELAINE

5902 HAVERHILL A

44129OHPARMA

53

184424C4014210310

1421

603 SE 8TH PL R1B SFVIVIAN KAREN

603 SE 8TH PL

33990FLCAPE CORAL

31

184424C4011460600

1146

508 SE 8TH PL R1BW SFVU ANTOINE CONG QUOC TR +

4029 BROWNING D

94518CACONCORD

60

184424C4011460620

1146

504 SE 8TH PL R1BW SFWANG TIEPING +

10 SILVERADO SKI

T2X 0J3ABCALGARY

62

134423C3011370570

1137

721 SE 5TH ST R3 MXWROTEN WILLIAM KEVIN + MARIA R

1909 SW 26TH ST

33914FLCAPE CORAL

57

Page 6 of 6Thursday, April 03, 2014