Article
Courtesy of the Naples Daily News
By
ELIZABETH WENDT
Posted on January 5, 2004
After more than a year of pushing to have
a specially sized pool installed in his North Naples backyard, Kelly Paffel
has had success.
At a Dec. 16, 2003, Collier County commissioners
meeting, a building permit was approved for the pool. Construction on the
pool began on a conditional permit before that meeting, and the pool was
completed about three weeks ago, Paffel said.
It isn't the resolution Paffel would have
liked, though, he said.
"The county people themselves did an excellent
job of accommodating my son's requirements," Paffel said. "They did the
right thing, unlike the association I live in, who did everything not to
accommodate him."
Paffel's 4-year-old son, Devon, suffers
from cerebral palsy, a disorder which affects movement, especially muscle
coordination and control.
The condition is improved by aquatherapy,
and when the Paffels moved to Naples in August 2002, they thought they
would be able to build the pool outlined in their Kimball Hill Homes plan.
That pool edged 5 feet into a public lake easement behind their new Pebblebrook
Lakes development home.
But in September 2002, the homeowner's
association architectural review committee denied Kimball Hill a variance
to build the pool. Paffel appealed to the review committee in October 2002,
requesting a hardship variance, and offering to reduce the size of the
pool by a foot. That was request denied, as was another request Paffel
made in February 2003.
Also around that time, Paffel filed a complaint
with the Department of Housing for a violation of the Fair Housing Act.
Then, in late July 2003, the Pebblebrook
Lakes Master Association opted to reverse all previous variance denials
and agreed to grant a variance request, provided Paffel dropped his complaint.
The new variance would allow the pool to
encroach 3 feet into the easement, as long as county approval could be
received. The Paffels learned the South Florida Water Management District
had no objection to the encroachment into the easement, and applied for
a pool building permit from the county.
A conditional permit was issued about three
months ago, and construction of the pool began.
Since the heated pool was completed, Paffel
said his son has used it as often as possible. He is pleased that the pool
is in, but said it doesn't represent a win.
It still isn't the size originally planned
by Kimball Hill Homes, Paffel said, and Devon has had to wait more than
a year to use it.
"There is no victory," he said. "My son
was hurt for over a year for what? For what?" |