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Resolution 1994-731 t k.; 4• i2c3 :ti RESOLUTION NO. 94- 731 RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-94-14 REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO ALLOW THE CONSTRUCTION OF DECKING OVER TWO ISOLATED OPENINGS IN AN EXISTING ELEVATED DECK AT THE SOUTH BEACH FACILITY LOCATED IN PARCEL D OF THE PELICAN BAY PUD, UNIT 1, IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Brett D. Moore, of Humiston and Moore Engineers, representing the Pelican Bay of Naples Foundation, Inc. requests a variance from the Coastal Construction Setback Line (CCSL) as required by Collier County ordinance No, 91-102 Division 3.13, as amended, to allow the construction of decking over two isolated openings in an existing elevated deck at the Pelican Bay PUD South Beach Facility; and WHEREAS, the subject property is located in Section 8, Township 49 South, Range 25 East, entirely within the Pelican Bay PUD (Exhibit "A") ; and ; .. WHEREAS, the proposed structures will extend approximately one hundred thirteen (113±) feet seaward of the adopted CCSL; and WHEREAS, all proposed structures are surrounded by the existing deck approved by Resolution No. 79-168; and WHEREAS, the petition is consistent with the Collier County Land Development Code Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Growth Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-94-14 be approved subject to the following conditions: 1. The elevated decking, shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Division of Beaches and Shores, and an approved permit or exemption shall be obtained prior to issuance of a Collier County building permit. • Page 1 of 2 A • 12C3 2. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code Division 3.10, between May 1 - October 31, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. 3. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of Collier County Land Development Code. 4. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area i.e. fore-dune or back dune) . The re-vegetation shall be completed, according to a plan submitted to and approved by Collier County Current Planning - Environmental Staff, prior to the issuance of a Certificate of occupancy. 5. Minor revisions to Coastal Construction Setback Line Variance CCSL-94-14 (including changes in siting and structures) may be approved, in writing, by the Site Development Review Director or his/her designee. • Resolution adopted after motion, second and majority vote favoring same. DONE AND ORDERED this /� day of C:;„ , 1994. BOARD OF e TY COMMISSIONERS COLLIE* OUNTY, FLORIDA .DATE: Ar:// • .ATTEST: BY: r big DWIGHT E. BROCK,. Clerk • ,' Hl/ •k -TANTINE, CHAIRMAN CLERK Ap»roVtd as to,Form and Legal Sufficiency: a e e Assistant County Attorney • Page 2 of 2 I .54 1442s PAGE.002 !4 4 14425 PAGE.005 P' WILSON, MILLER, BARTON. SOLI. I PEEK, INC.. . • •• it) Or MtOfESSIONAL ENGINEERS, PLANNERS ANU L/1N0 SURVEYORS • 12C Description of leech facility parcel in Section t, Township 45 South, Range 25 East,, Collier County, Florid, • All that part of Election t, 'township 49 South, Range 25 test, Collier . County. florlda'and.being delrcribed as follows: Cosusencinq at the northwest cdrner of Percul "0", Pelican Say Unit Onu Recording to the plat thereof as recorded in Plat Book 12, pages 47 thru 52, Collier County'Publie Records, Collier County, Tlorida; thence along the westerly line of said Parcel "D", South 1411,3ges.0011 East 167.00 feet; . thence South 77'-4S1-59" Nest 1866.52 feet to a point on the Ploridu Department of Natural Resources Coastal Construction Control Line and the POINT Or BEGINNING of the parcel herein described; thence continue along said Control Line South 4'-11'-15.7" Cast 618.31 feet; thence continue along said Control Lint South 5'-52'-49,1 " Last 42S feet most. or leas to the Mean High Water Line of Clam Pass; thence northwesterly along the Mean High Water Line of said Clam P.,us and northwootorly along the Mean High Nater Line of the Gull of Mexico, 1150 feat more or less to a point which lies on a line that bears,South 89'-26'•00' West from the Point of Beginning; thence along said line North 89'-26'-00" Out 101 feet more or leas to the Point of tseeinning of the parcel herein described; • subject to easenunts and restriCtiOns of record; containing 3.0 acres of land a+ore or less. WILSON, MILLER, BARTON, SOLL i PLEK, INC. e* Reg. Engineers and Land Surveyors w elf 4 . 4111111111 ! w by . ,d► P.1 P.L.B. e arisen, .1-t0a:: • Not Valid unless Lmbossed with the Professional's Seal, M.O. 19847 • December 17, 1981 o Rets 4L-56 .1, II • I. • PC.R,WiLtON.P.L.,P.LE • R.W.MILL[N.P.E.• W.L.BARTON,P.E.• C.H.EOLL.P.L$.• T.R.PCLK,P.E..P.t S. W.M.CHRISTIANSEN,JN.,P.I.S.• I.T.8AnDER,111,P.E.• J.S.AGHOLI,t.LS.• C.H.ECHNE�OER,P.I. 138.1 AIRPORT ROAO,NOHTN • NAPLES,FLORIDA 33542 • TELEP►IONtt 7?b•1124 •• • • ti EXHIBIT "A" il" • • laC u Q� 4 ; i cil, p 1— a +j ♦ W pW( i 0 V 2 ■ i g < W QQ I_ g 1 w 61 s u 0 W 1 t om 1 1 x N� 4�_ ❑; Cet I M (l) OO li • t 1 G W V • .....< rp ' 1 1 < 7F 1 1 R Ing iIi' v ... tit d !Ii___,---1 1!ff[ 4 1 o Q N .I a! ii 0 I.�.gy i < O x�WHt GOA sse x. c. SRs ( , (30 3 Lj-WgqW2 W61r Lill , ` 0 =70`Q �< h yN�gg�� 1— oc m • i� Wo 00.a2W � K ai 921 i . .... . • 1i j .10 • ... - .. W i3 • � '1k s < 6`o.0g • • �. vv z�'..�2W OVIJ oz • iS z N 6 yrz Z+ a v • M ov �]� . ..W . N. ~�wga ` KUmOW 11.g W F� W fa. W r 1.4 iI>< W IW7AQ N 2va: ., : iA.,,„,, T111 gy<!g;i pill 1 ZW OUJJ2 Vj,N.O r9 ., „:;.• 7..,t t .,..,,T,A.,..t. . .• ,,.., .., .,..1.:A.,„;.,..,,,,. . *.:4t. . • , ....„ .:.,:. EXHIBIT "B"