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20 From: To: Subject: Date: Attachments: Margaret Perry Leslee Dulmer; Robin Singer FW: Hand-delivered letter from Larry Ingram Friday, September 25, :40:28 PM CP Memo d pdf to s.pdf CAO Memo d pdf Inn on Fifth Presentation.pdf FYI from John Passidomo Original Message----From: John M. Passidomo [mailto:jmpassidomo@napleslaw.com] Sent: Friday, September 25, :38 PM To: Margaret Perry Subject: RE: Hand-delivered letter from Larry Ingram Good afternoon Margaret, Thank you for providing me with a copy of Mr. Ingram's correspondence of even date. Two points of clarification may be in order. First, our site plan application does not seek an exception from the height limitation imposed under the city charter. We agree with Mr. Ingram that the city does not have the power or authority to grant exceptions to the city charter. Indeed, our application abides by and is consistent with the height limitation imposed under the city charter. We seek an exception from the separate, independent and more onerous height limitation imposed under the city zoning regulations. The legal authority for seeking exceptions to zoning regulations based on this distinction was established by City Council at the Club Suites at the Inn on Fifth in Legal memoranda citing research and analysis and supporting this conclusion is attached. The practical impetus for allowing an exception to the height limitation imposed under the city zoning regulations is illustrated on the attached sketches showing a 42' building with a flat roof and a 42' building with architectural embellishments. Both scenarios are permitted under the city charter. City Council simply concluded that at the Club Suites at the Inn on Fifth and since at Naples Square, Hyatt House and 1075 Central that allowing architectural embellishments on commercial buildings was more appealing than mandating flat roofs on commercial buildings. Second, the subject property is now and has from the inception of the Fifth Avenue South Special Overlay District been included within the district. The owners and their predecessors have accordingly participated to the same financial degree as any other owners in the district. Our rezone application simply seeks to extend the Frontage Line along the south half of the 9th Street block between 5th and 6th Avenues to clarify any ambiguity about the property owner's right to develop residential dwelling units on the property. I hope this information is helpful and I'd be happy to respond to any questions you have concerning it. John

21 John M. Passidomo Florida Bar Board Certified Real Estate Lawyer Cheffy Passidomo, P.A th Avenue South Naples, FL (239) telephone (239) facsimile (239) direct (239) cell This , along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return or by telephoning us (collect) at and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this is strictly prohibited. Please note that any views or opinions presented in this are those of the author and do not necessarily represent those of the law firm Original Message----- From: Margaret Perry Sent: Friday, September 25, :36 AM To: John M. Passidomo Cc: Robin Singer Subject: Hand-delivered letter from Larry Ingram For petitions 15-R4 and 15-SPD5 at 560 9th Street South Original Message----- From: Sent: Friday, September 25, :07 AM To: Margaret Perry Subject: Scanned from a Xerox multifunction device Please open the attached document. It was scanned and sent to you using a Xerox multifunction device. Attachment File Type: pdf, Multi-Page multifunction device Location: Community Development Building Device Name: CDWC7535a Scanned from City of Naples Xerox WorkCentre CDWC7535a

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24 From: To: Subject: Date: John M. Passidomo Margaret Perry RE: Letter Received from Larry Ingram 9/30/15 Attached Wednesday, September 30, :34:07 PM Good afternoon Margaret, Thank you for providing me with a copy of Mr. Ingram's correspondence of even date. I believe Mr. Ingram is indeed correct in indicating that St. George & the Dragon was not located in the special taxing district established to finance the acquisition of the land on which the 6th Avenue municipal parking garage is located. We are however not making application on behalf of the current owners of the St. George & the Dragon property to acquire parking spaces in the municipal parking garage. We have submitted that application (as indicated in the caption of Mr. Ingram's letter) on behalf of the owners of 560 9th Street South which is located adjacent to and immediately east of the parking garage. John John M. Passidomo Florida Bar Board Certified Real Estate Lawyer Cheffy Passidomo, P.A th Avenue South Naples, FL (239) telephone (239) facsimile (239) direct (239) cell jmpassidomo@napleslaw.com This , along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return or by telephoning us (collect) at and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this is strictly prohibited. Please note that any views or opinions presented in this are those of the author and do not necessarily represent those of the law firm Original Message----- From: Margaret Perry [mailto:mperry@naplesgov.com] Sent: Wednesday, September 30, :38 PM To: John M. Passidomo <jmpassidomo@napleslaw.com>; Leslee Dulmer <LDulmer@naplesgov.com> Subject: Letter Received from Larry Ingram 9/30/15 Attached -----Original Message----- From: CDWC7535a@naplesgov.com [mailto:cdwc7535a@naplesgov.com] Sent: Wednesday, September 30, :29 PM To: Margaret Perry

25 Subject: Scanned from a Xerox multifunction device Please open the attached document. It was scanned and sent to you using a Xerox multifunction device. Attachment File Type: pdf, Multi-Page multifunction device Location: Community Development Building Device Name: CDWC7535a Scanned from City of Naples Xerox WorkCentre CDWC7535a

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