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Backup Documents 04/24/2012 Item #17C17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: X ' XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: GMD /Zoning Person: Nancy Gundlach, Principal Planner Date: March 16, 2012 Petition No. (if none, give brief description): PL20100002285 Petitioner: (Name & Address): Mr. Richard L. Wu 2190 Kerry Forest Parkway 134 -164 Tallahassee, FL 32309 'dame & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: Tuesday, April 24, 2012. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Texi: (include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes. No. if Yes, what account should be charged for advertising costs: ' '�.d • �Sn0131 Zo"1 D(a'�1 Reviewed by: Divtsion4 mmrstrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: ' Date Received: 3 Date of Public hearing: �v Date Advertised: ►! �i 17C 4 + NOTICE OF PUBLIC HEARING April 2�2��i the B���Qmn� me�ngn������ Notice ~'---'"---'-'-' Collier Government Center, 32oy East /aniami Trail, Naples FL,, ` the Board of County ��,~^~~�~.~.~(BCC) will consider the enactment nf County Resolution. The meeting will commence at The title of the proposed Resolution kaasfollows: Lot 80 Plantation Island - a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA-PL2010-2285, granting a variance from subsection 4.02,14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited ho attend and heheard. NOTE: All persons wishing to ^ k on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be Unnbed to 5 minutes on any item. The selection of any individual bm speak on behalf nfan organization or group inencouraged. if recognized by the Chairman, aspokesperson for a group or organization may ba allotted 1D minutes ha speak onanitem. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of3 weeks prior tp the respective public hearing. In any case, written materials intended bobe considered bv the Board shall be submitted to the appropriate County staff a minimum mf seven days prior tu the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal iobased. If you are a entitled, at person to 10 the .nov|s|onofmar�inemm�tanoe, P�asecontact the CmlWor(�uu�yFa�}�ewManagement Department, located ' 3335 To .iamiToai|East Suite 1U1' Naples, FL 34112-5356.(23W)252-838U.ot least two days prior bn the Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OFCOUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED VV.COYLE.CHAIRMAN DWIGHT E.BROCK,CLERK By: /s/PathciaK8nrgan Deputy Clerk (GEAL) RESOLUTION NO. 12- 17 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2010-2285 GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection: of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHERE-AS, Petitioner has also requested a variance froin subsection 4.02.14,0.4 of the LDC. pursuant to subsection 9.04.023.1 thereof, to allow dredging and filling of and related impacts to, 1290 square feet of man-'roves, or a single lot .Nithin Unit Three of the Plantation t� Island Subdivision (unrecorded), utilizing the procedure set forth in Section 9.04,03 of the LDC: and WHEREAS, the Board of Zoning, Appeals has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning a1,1 a-pplicable matters required by the LDQ and WHEREAS, all interested parties have been given opportunity to be heard by this Board in properly noticed public meeting, and the Board has considered 0 matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COLNTY, FLORIDA, that the Board hereby approves a variance from. LDC subsection 4,02,14.0.4, to allow dredging and filling of 2056 square feet of mangroves on the Property, consistent with the Site Plan attached hereto as Exhibit A., as requested in Petition VA- P1,2010-2285, filed by Richard L. Wu on behalf of Robert Beattie on property described as: Lot 80, Plantation Island, all waterfront rnobile home sites Unit 3 ((Unrecorded Plat) per Official Record Book 2:685, Page 765 of the public records of Collier County, Florida, lying in and being part of Section 24, Toxvnship 53 South, Ranae 29 East, 0 (The "Property"); and Plaiitatioii Island ; VA-PL2 010-2285 11 /22111 Noe I of 2 Z, 17C BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- PL2010 -2285 be recorded in the minutes of this Board:: This Resolution adopted after motion, second and majority vote, this day of 2011 i ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, _FLORIDA By: By: Deputy Clerk , Chairman Approved as to form and legal sufficiency: Steven t. Williams Assistant County Attomey ,, t Attachment: Exhibit A - Site Plan CPO 1- CPS -01 1201,10 .6 \ # ��� , i LA U [<!m \ \| m < z § {) .6 \ # ��� , i LA U LU 0 'Lu 0 \ \/ IH {! :! LU /\ t2 I \ # ��� , i I 17C Acct. #068779 March 20, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: VA- PL2010 -2285, Plantation Island Lot 80 Dear Legals: Please advertise the above referenced notice on Wednesday, April 4, 2012 and kindly send the Affidavit of Publication, in Duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennej ohn, Deputy Clerk P.O. #4500131207 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 C Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: LOT 80 PLANTATION ISLAND - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285, GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239)252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners, Office. % 4 17C BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts March 20, 2012 �ntof oilier CLERK OF THE CJRO� IT COURT COLLIER COUNTY .OURYI -IOUSE 3301 TAMIAMI AIL EST P.O. BOX 41,3044 NAPLES, FLORIDA4101 -3044 Mr. Richard L. Wu 2190 Kerry Forest Parkway, D4 -164 Tallahassee, FL 32309 RE: VA- PL2010 -2285, Lot 80 Plantation Island Dear Petitioner: 17C Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, April 24, 2012, indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, April 4, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jen olm, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerkCq`collierclerk.com 17C Ann P. Jennejohn To: legals @naplesnews.com Subject: VA- PL2010 -2285 Lot 80 Plantation Island Legal Notice Attachments: VA- PL2010- 2285.doc; VA- PL2010- 2285.doc Please advertise the attached legal notice on Wednesday, April 4, 2012. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(Fax) Ann P. Jennejohn 17C From: postmaster @coIIiercIerk.com To: Naples Daily News Legals Sent: Tuesday, March 20, 2012 9:22 AM Subject: Relayed: VA- PL2010 -2285 Lot 80 Plantation Island Legal Notice Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Naples Daily News Legals <mai Ito: legals @naplesnews.com> Subject: VA- PL2010 -2285 Lot 80 Plantation Island Legal Notice Ann P. Jennejohn 17 C From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, March 20, 2012 9:42 AM To: Ann P. Jennejohn Subject: RE: VA- PL2010 -2285 Lot 80 Plantation Island Legal Notice ok Amy Green Legal Advertisements Naples Daily News Main Office: 239 - 263 -4710 Direct Fax: 239 - 325 -1251 Email: leaalsanaplesnews.com www.naplesnews.com From: Ann P. Jennejohn Imai Ito: Ann .JennejohnCabcolIierclerk.com] Sent: Tuesday, March 20, 2012 9:22 AM To: Legals NDN Subject: VA- PL2010 -2285 Lot 80 Plantation Island Legal Notice Please advertise the attached legal notice on Wednesday, April 4, 2012. Thanks again, Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.collierclerk.coni This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdeskocollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Ann P. Jennejohn 17 C From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, March 20, 2012 9:59 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS2A97jpg Please provide approval A5AP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 03/20/12 Publication NDN Account Number 744102 Ad Number 1941743 Total Ad Cost $249.06 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier Counrr,y= will hold a public hearing n Tuesday, April 2r1, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tanniami Trail East, Naples, Florida. The meeting will begin at 5:00 A.M. The title of the proposed resolution is as follows: LOT So PLANTATION ISLAND - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLUER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010- .2285, GRANTING A VARIANCE FROM SUBSECTION 4.02.14.0.4 OF THE LAND' DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, : COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection, All interested parties are invited to attend and be heard NOTE; All Persons w'ishi'ng to speak on any agenda item must register with the Count Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any, item, The selection of an individual to speak on behalf of an organization or group is encouraged if recognized by the Chair, a spokesperson for a group or organization; may he allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials inducted in the Board .agenda packets must submit said material a minimum of 3 weeks prior to the respective ublic hearing, In any case, written materials intended to be considered by the oard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations beforc- the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs an), acconirriodat_ion in order to participate in this proceeding, you areentitled,at no cost you, to the provision of certain assistance. Please contact the Collier County facilities Management Department, located at 3335 Tamiaml frail Last, Suite #101, Building W. Naples, Florida .34112, (23%252 -8380; assisted listening devices for the hearing impaired are - available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONI14G APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN E, BROCK, CLERK Jenneicrhn, Deputy Clerk Noa 17C Ann P. Jennejohn 17C if From: Ann P. Jennejohn Sent: Thursday, March 22, 2012 3:51 PM To: Rodriguez, Wanda Cc: Neet, Virginia Subject: FW: Ad Confirmation Attachments: UAS2A97jpg Hi there, Could one of you please approve this proof so I don't end up forgetting about it. Nancy would not be happy with me. Thank you. Ann - - - -- Original Message---- - From: Ann P. Jenne john Sent: Tuesday, March 20, 2012 10 :13 AM To: Neet, Virginia Cc: Rodriguez, Wanda Subject: FW: Ad Confirmation Attached is VA- PL2010 -2285: Lot 80 Plantation Island Variance, for your approval. Please review and get back to me at your earliest convenience. Thank you! - - - -- Original Message---- - From: Green, Amy [mai Ito: AGreen@Naplesnews.coml Sent: Tuesday, March 20, 2012 9:59 AM To: Ann P. Jenne john Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Ann P. Jennejohn 17 From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, March 23, 2012 3:38 PM To: Ann P. Jennejohn Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Williams5teven Sent: Thursday, March 22, 2012 4 :28 PM To: NeetVirginia Cc: AshtonHeidi Subject: RE: Ad Confirmation Verified. Approved. Steve Steven T. Williams Assistant County Attorney Collier County 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Tel: 239 - 252 -8400 Fax: 239 - 252 -6300 - - - -- Original Message---- - From: NeetVirginia Sent: Thursday, March 22, 2012 3:54 PM To: Williams5teven Cc: AshtonHeidi Subject: FW: Ad Confirmation - - - -- Original Message---- - From: Ann P. Jennejohn ( mai Ito: Ann.Jenneiohn @collierclerk.coml Sent: Tuesday, March 20, 2012 10:13 AM To: NeetVirginia Cc: RodriguezWanda Subject: FW: Ad Confirmation Attached is VA- PL2010 -2285; Lot 80 Plantation Island Variance, for your approval. Please review and get back to me at your earliest convenience. Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, March 23, 2012 3:42 PM To: 'Green, Amy' Subject: RE: Ad Confirmation I'm not sure if I got back to you on this one that's supposed to run on April 4 Anyway, looks great Amy please publish. Thank you! Ann - - - -- Original Message---- - From: Green, Amy [mai Ito: AGreen@ Nap lesnews.coml Sent: Tuesday, March 20, 2012 9:59 AM To: Ann P. Jennejohn Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 03/20/12 Publication NDN Account Number 744102 Ad Number 1941743 Total Ad Cost $249.06 i 7C i� Teresa L. Polaski 17 C From: Sent: To: Subject: Martha S. Vergara Wednesday, April 04, 2012 8:00 AM Teresa L. Polaski FW: Thank you for placing your classified advertisement. From: Naples Daily News ( mailto :naplesnews(�)clicknbuy.com1 Sent: Tuesday, April 03, 2012 11:13 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1941743 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: LOT 80 PLANTATION ISLAND A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285, GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239)252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) April 4, 2012 No. 1941743 Naples Daily News Naples, FL 34110 Affidavit of Publication 170 Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500131207 59684458 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Barbara Boyer, says that she serves a the Sales Coordinator, of the Naples Daily Nev daily newspaper published at Naples, in ColliE County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of advertisin( published in said newspaper on dates listed. Affiant further says that the said Naples Di News is a newspaper published at Naples, in s, Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 yeE next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 04/04 AD SPACE: 82 LINE FILED ON: 04/04/12 Signature of Aff i Sworn to and Subscribed before me NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 24, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County, begin at 9n Center, e title of the proposed resolution is as follows: The meeting will LOT 80 PLANTATION ISLAND - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285, GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE'(MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. A copy of the pro Posed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are•invited to attend and be heard. NOTE: All Persons wishing to .speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual- to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a. group, or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respbeyctive I the public hearing. In any case, written materials iCount ended a to minimum mum considered days Board shall be submitted to the appropriate Y prior to the public.hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W,- Naples, Florida 34112, (239)252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk SEA (') D7 - _— X14._.1. °i41743 ------------- +------------------ - - - - -- is to -' day of 201,-4, Personally known by me "Y'ey ., AVA ra: 'A MY COMMISSION # 00 88-1614 "'�`•. 5 EXPIR8S: June 27, 2013 ;, 9On04d Thru Notiry Pubile UnderMtef3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the A.. ..t:n...,f the dro.v . line thrn oh rn 6— lin e @ 1 thrn oh 8d mete the rherlrlict and forward to Roe Filcnn (line #51 Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD -P & R/Operations & Regulatory Mgmt. Dept. nA t J I Z- 2. April 24, 2012 Agenda Item Number 17.C. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution 9 og� T Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached �Z� (Z- 6. Minutes and Records Clerk of Court's Office , PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Nancy Gundlach Phone Number 239 - 252 -2484 Contact apProDriate. (Initial) Applicable) Agenda Date Item was April 24, 2012 Agenda Item Number 17.C. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 9 og� T Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST U Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not apProDriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC , Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable r' t 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on April 24, 2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. U 17C MEMORANDUM Date: April 27, 2012 To: Nancy Gundlach, Principal Planner Comprehensive Planning GMD From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2012 -70: Plantation IslandNA- PL2010 -2285 Attached for your records is a copy of the document referenced above, (Item #17C) adopted by the Board of County Commissioners April 24, 2012. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please call me at 252 -8411. Thank you. Attachment i�c RESOLUTION NO. 12- 7 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -2285 GRANTING A VARIANCE FROM SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the LDC, pursuant to subsection 9.04.02.B.I thereof, to allow dredging and filling of, and related impacts to, 1497 square feet of mangroves, on a single lot within Unit Three of the Plantation Island Subdivision (unrecorded), utilizing the procedure set forth in Section 9.04.03 of the LDC; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and has considered the advisability of granting this variance; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the LDC; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number VA- PL2010 -2285 filed on behalf of Robert Beattie by Richard L. Wu with respect to the property hereinafter described as: Lot 80, Plantation Island, all waterfront mobile home sites Unit 3 (Unrecorded Plat) per Official Record Book 2685, Page 765 of the public records of Collier County, Florida, lying in and being part of Section 24, Township 53 South, Range 29 East, (the "Property "); Plantation Island / VA- PL2010 -2285 Rev. 4/09/12 Page 1 of 2 17C be and the same hereby is approved for a variance from LDC subsection 4.02.14.C.4 to allow dredging and filling of 2056 square feet of mangroves as shown on the attached Exhibit A wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- PL2010 -2285 be recorded in the minutes of this Board. ))� L``�� T is Resolution adopted after motion, second and majority vote, this �? day of 2012. ATTEST DWIG14T E. BRP%CI CLERK B s- �� ; Deputy Clerk Rte CM 11 4 Ifonaturt +4 Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Attachment: Exhibit A - Site Plan CP\ 11- CPS -01 120 \23 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By- W• FRED W. COYLE, Chairm Plantation Island / VA- PL2010 -2285 Rev. 4/09/12 Page 2 of 2 Item # f It Agenda )aLktV-- Date Date ti Recd ty lerk W U � � o .d U w z g g o _ Ld ryj X af L) Z L LWw - m d � W U � � o .d Ld ryj X � b W O e5e, -! aFa N O Q.3R f ma ,E 3 ae WQ U O U L U 8e W F- _ �O Q; O ��N � sN a Wes^ El .i.L x W C