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Backup Documents 03/11/2011 Item # 7A47A ' COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Cleric to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES. /Zonine Person: Nancy Grfi�ch, AICP Date: � 4 Petition No. (If none, give brief description): VA- PL2010 -739, Schneller VA Petitioner: (Name & Address): Mr. Jeff Rogers, Turrell, Hall & Associates, Inc, 3584 Exchange Ave, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: March 8 2011 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 Text: (Include legal description & common location & Size: ,See_Resolution for title. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: Division A46inistrator or Designee List Attachments: Date 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: to 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: -+1I Date of Public hearing:__ Date Advertised: RESOLUTION— 10- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION :NUMBER VA- PL2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.3 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 WEST PELICAN STREET IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA. [COMPANION TO BD- 2008 -AR- 13142) 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. 2004 -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, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06 E.5 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet, as shown on the attached Exhibit "A ", in the RSF -4 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; 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: Schneller Variance! VA- PL2010 -739 Rev. 12106/10 I of t. Petition Number VA- PL2010 -739 filed by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 81, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, of the Public Records of Collier County, Florida, together with that portion of Pompano Bay lying upland of the 1.6' contour contiguous with said Lot 81 as delineated on a survey by A. Trigo & Associates, which is defined by a line extending from said mean high water line and a line extending from the Northeast corner of said Lot 81 in a direction of North 55 50'01" east to said mean high water line delineating the approximate limits of Riparian Rights. Folio #: 52343040005 be and the same hereby is approved for a variance to permit a reduced side (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A ", in the RSF -4 Zoning District. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of 2010. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: Deputy Clerk FRED W. COYLE, Chairman Steven T. Williams J o Assistant County Attorney Attachment: Exhibit A — Conceptual Site Plan Schneller Variance 1 VA- PL2010 -734 Rev. 12/06/10 2 of 2 cl J LL IL LU to 07A t a� i r- c� co X W as 9 .. u r r- c� co X W A\�; '� x V I It ft us r a IF iM F7A 10t t R Uri I o 0 C) z < J U, zLu T cO J. 0 0- 0 I I ff I o 0 C) z < J U, zLu T cO J. 0 0- 0 I I < y MW . . w .:. ... � + 'Act L \ 14 i 0111 4.0-15M amlwlu%x MXXI MIWO *1111 Foil J it )JR V \ lc 4 ry 1 ie7l— --� �- J-- ffll- (0 z 0 LU ILI z 0 !X od 3 I I ku LU ow- in J-- ffll- (0 z 0 LU ILI z 0 !X od 3 I I 77� I I S. Z' 0 51 rzo- 0 W� ml S. LU Gxl Y.�3 W *IX le u I of ik 0 w LU w 0 2 Ix el *# W *IX le u I of ik 0 w LU w 0 2 Ix s 7A ' Acct. #068779 February 11, 2011 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: VA- PL2010 -739, Schneller Variance Dear Legals, Please advertise the above referenced notice on Wednesday, February 16, 2011, 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. #4500096189 ►`7A ' NOTICE OF PUBLIC HEARING 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, March 8, 2011, 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: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 WEST PELICAN STREET IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA.[COMPANION TO BD- 2008 -AR- 131421 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, Naples, Florida, 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. r7A � BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) o collier CLERK OF T HE I Dwight E. Brock COLLIER COUNTY Clerk of Courts 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA February 11, 2011 Turrell Hall & Associates Mr. Jeff Rogers 3584 Exchange Avenue Naples, FL 34104 RE: VA- PL2010 -739, Schneller Variance Dear Petitioner: V7 ' MIT COURT UR OUSE Clerk of Courts IL EST 44 Accountant 4101 -344 Auditor 1 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, March 8, 2011, indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, February 16, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jennej ohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com P7A Ann P. Jennejohn To: Naples Daily News Legals Subject: VA- PL2010 -739 Schneller Variance Attachments: VA- PL2010- 739.doc; VA- PL2010- 739.doc Good Morning, Please advertise the attached on Wednesday, February 16, 2011. Thank you. Ann Jenne john, 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) e 7p IV Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Friday, February 11, 2011 9:43 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT115735.txt; VA- PL2010 -739 Schneller Variance This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com �7A , Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Friday, February 11, 2011 11:27 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UASA4.jpg ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1889201 Total Ad Cost $264.54 Emely Pagan 213 -6061 NOTICE Of PUBLIC HEARING TO CONSIDER RE-SOLUTION 7 A Notice is hereby given that the Board of County Commissioners, as the Board of 'onin A ppeal$, of Collier County will h6ld a prublic hearing on Tuesday, foarch 8, x`011, ?n tF�e Boardroom. 3rd Floor, Administration Building, Collier County Govern - rnent Center, 3299 Tarniami Trail East, Naple's Florida, The rneeetirng wAll begin at 9:00 AM, The title of the proposes resolt:mn is as foilms A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLOW A* RELATING TO PETITION NUMBER VATPt2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.5 TO PERMIT A REDUCED SIDE 'YARD (RIPARIAN) N ) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 `WEST PELICAN STREET IN SEC- TION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FL RIDA..[( OMPANION TO BD-2008-AR-111421 A cope of the proposed Resolution is on file with the Clerk to the Board and is a,aifable for inspection. All interested parties are invited to atter9d and be heard NOTE All Persons wishing to speak can snit a nda item must register with the County Administrator prier to presentation of t�agenda ttern to be addressed. I►n- diVidual speakers will be lirnited to .3 minutes on any item. The selection of an indi- Irrdual to speak can behalf of am 019arri;atiorn br group isi encourog,ed. If recagrnized y the Chair, a spokesperson for a group car, organization may be allcstt d 10 min - ates to speak on an items.. Persons wishing to have written or, graphic materials included in the Board agenda packets rnust submit said rnateriafi a rn nimum of 3 weeks prier to the respective public hearing., In arvy base, written materials intended tea be considered by the Board shaft be submitted to the appro rused riate County staff a minimurn of seven days m prior to the public hearing. All ater ►a in p,resentation5 6e-fore the Board Aill knecome a perroanenit part of the record. Any person who decides to appeal a decision of the Board will need a record of tl~re proceedings pertaining thereto and therefore, may ne'e'd to ensure that a verbatim record of the proce- edings is made vvhich record rrrcludes'the testi'mony and vii- dente upon tivhich the appeal is based If you,are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please. contact the Collier County Fa ilitie5 Managerrnent Depart- rnnent, located al 3335 Tarnnlarnl Trail East, Suite #104, Naples, Florida, 3-4112, (233)252- 8380,' Assisted listening devices for the hearing impaired are available in the County Commissioners' office, BOARD CAE COUNTY COMMISSIONERS 80ARD OF ZONING APPEAL: COLLIER COUNTY, FLORIDA` FRED COYLE, CHAIRMAN DWGHT E. BROCK, CLERK By: Ann aennejohn, [deputy Clerk (SEAS) February 16, 2011 No18B9 01 Ann P. Jennejohn k-07 A From: Ann P. Jennejohn Sent: Friday, February 11, 2011 3:52 PM To: 'Pagan, Emely' Subject: RE: Ad Confirmation Tracking: Recipient Read 'Pagan, Emely' Read: 2/14/2011 8:12 AM Hi Emely, Because I have don't know how ads are placed in a newspaper, I'm assuming that the way the Resolution title in this ad is kind of cut off on a few of the lines is just the way that it got set up to fit in that space? The Planner had asked if the lines in the title could be complete, but like I said, I don't know anything about how the process is done. If that's the way it has to be set, then that's exactly what I'll tell her........ Ann - - - -- Original Message---- - From: Pagan, Emely [mailto:EPagan @Naplesnews.coml Sent: Friday, February 11, 201111:27 AM To: Ann P. Jennejohn Subject: Ad Confirmation ATTACHED please REVIEW notice & send your APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. Ad Number 1889201 Total Ad Cost $264.54 Emely Pagan 213 -6061 i NOTICE OF PUBLIC HEARING 1-0 CONSIDER RESOLUTION67A Notice is hereby given that the Board of Courity Cornmissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, March 8, 2011, In the Boardroom, 3rd Ploof, Administration Building, Collier County Govern- ment Center, 3299 Tamiaml Trail East, Naples. ' Florida, Tfie' ireeting,will begin at 9:00 AIM, The title of the proposed resolution is as follovt3 ' A RESOLUTION OF THE BOARD OF 2011I APPEALS OF COLLIER COUNpi`, FLORI- DA, RELATING ,TO PETITION NUMBER VA-PL2010-739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.0-30.06 E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7,5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 Wtq PELICAN STREET IN SEC- TION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA,[C- OMPANION TO ED-2008-AR-13142] A,(opy of the proposed Res,Dlution is on file with the Clierk to the Board and is available for inspection, All interested parties are invited to attend and be heard, NOTE: All Persons wishing to speak or, any agenda item must register Wth the County Adrrinistrator prior to presentation of the agenda item to be addreswd. In- dividwal speakers will b,e limited to 3 rninut on any itern. The selection of an indi-, viduai to speak on beh ' alf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 min - utes io speak on an item. Persons wishing to have vvritten or graphic materials ii-ICILided in the Board agenda a packets must submit said material a min-imurn of 3 weeks prior to the respective ublic hearing, In any case, vvritten materials intended to be considered by the oard shall be submitted to the appropriate County staff a mininium of seven days �rJor to uie �ublj_ hearing. All moterial used in presentotior% before the, Board VVIIII become a permanent part of the recard, Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto an0therefore, may n�cl to ensure that a verbatim record of the proceedings is made, which record includes the testimony anti evi- dence, upon vvhich the appeal is based, If you are -a person vvi-th disability %vho needs eeds any, accommo ' dation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain -assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Suit* ff 101. Naples, Florida, !"24112. (239)25 -8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COVN71( COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) February 16, 201 1' N a 1889-2101 Ann P. Jennejohn �' 7 A From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Monday, February 14, 2011 9:47 AM To: Ann P. Jennejohn Subject: RE: Ad Confirmation Ok, thank you, Emely - - - -- Original Message---- - From: Ann P. Jennejohn [ mai Ito: Ann.Jennejohn@coIlierclerk.coml Sent: Monday, February 14, 20119:43 AM To: Pagan, Emely Subject: RE: Ad Confirmation Looks good to me; I guess that's just the way it's set in the space allotted. Thanks Emely, Ann - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan @Naplesnews.coml Sent: Monday, February 14, 20118:15 AM To: Ann P. Jennejohn Subject: RE: Ad Confirmation If you have any changes or corrections, please send it over asap. Thank you, Emely 213 -6061 - - - -- Original Message---- - From: Ann P. Jennejohn [ mailto: Ann.Jenne0ohn @collierclerk.coml Sent: Friday, February 11, 20114:29 PM To: Pagan, Emely Subject: RE: Ad Confirmation The deadline for this was 4 pm. If this is the way the ad has to be printed then that's o.k. The content is all there, I just want to make sure it's in next Wednesday's paperll Thank you. Ann Ann P. Jennejohn ' 7A From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Tuesday, February 15, 2011 11:13 PM To: Ann P. Jennejohn Subject: Thank you for placing your classified advertisement. Ad # 1889201 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING 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, March 8, 2011, 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: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 WEST PELICAN STREET IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA. [COMPANION TO BD- 2008 -AR- 13142] 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 maybe 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, 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) February 16, 2011 No1889201 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on February 16, 2011 giant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each 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 year next preceding the fast 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 irythe sajr . - lWpaper. ( Signature of affiant) Sworn to and subscribed before me This 21 st day of February, 2011 (Signature of notary public) WY Pv � (01! 9.� ; KAROL E KANGAS Notary Public • State of Florida . rrrrrrr „; My Comm. Expires Jul 29, 2013 - Commission # DD 912237 7A NOTICE OF PUBLIC HEARING 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, March 8, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Govern - ment 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: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI- DA, RELATING TO PETITION NUMBER VA- PL2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 WEST PELICAN STREET IN SEC - TION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA.[C- OMPANION TO BD- 2008 -AR- 131421 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. in- dividual speakers will be limited to 3 minutes on any item. The selection of an indi- vidual 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 min - utes 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 j 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 evi- dence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Suite #101, 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) February 16 2011 No1889201 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP + 7 A 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 # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line through routing lines #I throu #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD -P & R/Operations & Regulatory M t. Dept. (Initial) Applicable) a0 r 2. Agenda Item Number 7.A. Approved by the BCC 3. Type of Document 4. Number of Original 1 Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 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.) Name of Primary Staff Nancy Gundlach Phone Number 239 - 252 -2484 Contact appropri ate. (Initial) Applicable) Agenda Date Item was March 8, 2011 Agenda Item Number 7.A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST U 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropri ate. (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 I„ Office and all other parties except the BCC Chairman and the Clerk to the Board V, 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. MA 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 (enter date) and all changesp made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. U 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 M7 A MEMORANDUM Date: March 11, 2011 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2011 -52: Schneller Variance Attached for your records is a copy of the document referenced above, (Item #7A) adopted by the Board of County Commissioners March 8, 2011. I have also included an original Affidavit of Publication that confirms an official public hearing notice was published. The Minutes and Record's Department has held the original resolution for the Board's Official Record. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment RESOLUTION NO. 2011- 5 2 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2010 -739, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06 E.6 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 39 WEST PELICAN STREET IN SECTION 31, TOWNSHIP 51 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA. [COMPANION TO BD- 2008 -AR- 13142] 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. 2004 -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, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06 E.6 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet, as shown on the attached Exhibit "A ", in the RSF -4 Zoning District for property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; 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 -739 filed by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to property hereinafter described as: Lot 81, Isles of Capri No. 1, as recorded in Plat Book 3, Page 41, of the Public Records of Collier County, Florida, together with that portion of Pompano Bay lying upland of the 1.6' contour contiguous with said Lot 81 as delineated on a survey by A. Trigo & Associates, which is defined by a line extending from said mean high water line and a line extending from the northeast corner of said Lot 81 in a direction of North 55 50'01" east to said mean Schneller Variance / VA- PL2010 -739 Rev. 2/08/11 1 of 2 ILI high water line delineating the approximate limits of Riparian Rights Folio #: 52343040005 be and the same hereby is approved for a variance to permit a reduced side (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A ", in the RSF -4 Zoning District. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. his Resolution adopted after motion, second and majority vote this _1 day of 1( , 2011. ATTEST: DWIGHT E. BROcK;.CLERK By. t d- ;1,I Clerk Al 14S 111 ,a Approved as to form and legal sufficiency: �?. w Steven T. Williams Assistant County Attorney Attachment: Exhibit A — Conceptual Site Plan CP\ 10- CPS - 01049 \3 5 Schneller Variance / VA- PL2010 -739 Rev. 2/08/11 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: a- w . C: � 'K — FRED W. COYLE, Cha an Item #' R Agenda Date Date It Rtar:'d - ---- -- .3 7. 7A r 2S�Z W J m Ni ui W Ci 2 Z � � N p N o o i N r N N a o $ 2 F Et R w m O 0 w 4a m W W U o o p V Y } U ;f 0 z Q Z W W N Q d 11I� CC G Z W a° o zU JZ= �(13 J C) �z O ao W O� U. oM LL o vG f. 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LLI Z < 4" ad u 4 E 4 .141, 4 4L 141 100, Ile ol ol % �► 7 v� / z J QJQ UU / wa Z ol ./ / / , oz- a / / / a�wz I� / J �y i �y d� I'd iCK-PERMR.*v X\ W W � ^ N aj0x &Z U � �Wa~� � o 2y 0 Z w L LL a ri 0 >2 u W F P w 0 K w z X S 15 g W LCR JZ��CJ ir w -' c�v�s! i► aixi0.1 ad�� ?VQ� W W Wa w IL LLFNLLQ as y����oo33Wg z- =3 >»0-� f20 ga y 0z ==�oaao�U Oa �a w Q 0 J O }W vo w a:3 IL J -j» �woJa0f -�rgW X7d¢°dIr CRvi �. v v V v v v v v v Ill z J ch Z i I i co W ro N W n � N n O O o S 0 sq o z WSSo 0 n�a W oo�a� Y U� OW 0 z w U WD J w Ww Z Ix Iw m U� U) ILI, O M M \ z W ti r+I M N u LU w 2 J P4 coi �w w _ WMZ iALM ``o � 3425648 OR: 3591 PG: 2 8 U 11MO D in HFICIALL 11COD0 of COLLI11 MM, IL rCl/i� 01/22/2004 at 10:56M MGOi K. 310CK, CM Coll 117001100 OIC On 17.00 OOC -.70 1709.00 Oath: SUMLY Irm PICK -OI Grantee S.S. No.: Property Appraiser's Parcel Grantee S.S. No.: Identification No.: 52343040005 WARRANTY DEED THIS INDENTURTf4W1G6!i�&eni3`VAWcCst 2004, between SCOTT K. HUEGEL and CARLENE sband and wi address is 39 West Pelican Street, Naples, Florida 341for to PAUL SC I, and MARY BETH SCHNELLER, husband an_ eli Street, Isle of Capri, Naples, Florida 34113, grantee. WITNESSETH, th4 t f d d o o #w of ten dollars, to him in hand paid by grantee, the ere kno ed as granted, bargained, and sold to grantee, his heirs an forever, the fol d land, situated, and being in Collier County, Florida, to wi . , r Lot 81, Isles of Capri No. 3, Page 41, of the Public Records of collier County, Flo that portion of Pompano Bay lying upland of the 1.6' contour contiguous with said Lot 81 as delineated on a survey by A. Trigo & Associates, which is defined by a line extending from said mean high water line and aline extending from the Northeast corner of said Lot 81 in a direction of North 55 50' 01" east to said mean high water line delineating the approximate limits of Riparian Rights. Subject to restrictions, reservations, and casements of record and the taxes for the year 2004. And grantor does hereby fully warrant the title to the land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set his hand and seal the date first above written. 04/26/04 13:51 FAX 209 642 0600 FREDERICK -C MX&M Sigwd, suW and delivered in the are Print name: 1 A n W'tn`ss f Print name: STATE OF FLORIDA COUNTY OF COLLl1:'R OR: 3591 PG: 2479 K xvEORL The f "oi* in� w" w mowledpd before me this LL day of April. 2004 by SCOTT !MML, wbo is pww aIly bxnm to and or who bas pradtucd as i o° -� 14 /%A (sea) My co=rm wm mss: 7 A +.. % IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA MITCHELL COOPER, KARYN A COOPER ) FIBLDVIEW, LLC, a Wisconsin limited ) liability company, JAMES A. HUGHES, JR, ) ELEANOR D. HUGHES, HARRY R ) WOOD, III, JULIE E. WOOD, WESLICK, ) LLC, a Florida limited liability company, ) CASE NO. 05-1 419-CA WILBERT J. REGNET and BERTHA ) REGNET, ) 4099983 OR: 4306 PG: 1296 Plaintiffs, Ilco�u in OPIMU of COLLIII MM, ?L ) 11/t1/2111 at 11:53111 Mon 1. IIOCI, can vs. } Ik M 1131 letn: _ ) CIVIL PAUL SCHNELLER, MARY BETH ) SCHNELLER, and SEAGO GROUP, INC. _ a Delaware corporation, ��� co V Defendants. �� t7 %„ t sir w I FINAL SU O P FFS CA D. G Qn �o M_ This action having intiffs J A. ��.. R J v r A—to HUGHES, ]R. and ELEANO GHES for arti a P gment, upon eohsideratioi� a of the arguments of counsel and the court file, fords that there is no genuine o issue of material fact in dispute. Speci it following Collier County real o� �4 O B : Property. a� That portion of Pompano Bay lying upland of the 1.6' contour contiguous with said Lot 84 Isles of Capri No. 1 per Plat Book 3, Page 41 of the Public Records of Collier County, Florida, as delineated on a survey by A. Trigo & Associates which is defined ca .w by a line extending from the northwest corner OD said Lot 84 in a o direction of N. 66 °45'04" E. and a line extending from the southwest corner of Lot 84 in a direction of N. 61 °56'00" E. to said mean high water line, and Joe That portion of Pompano Bay lying upland of the 1.6' contour contiguous with said Lot 85 Isles of Capri No. I per Plat Book 3, Page 41 of the Public Records of Collier County, Florida, as delineated on a survey by A. Trigo & Associates which is defined FINAL SUMMARY JLMOMENT ON CLAIMS OF PLAINTIFFS JAMES A. Mr," s, Ja. Arm ELEA:*R D. HUGHES Page I of 2 7 Ai I OR: 4306 PG: 4189 by a line extending from the Northeast corner of said Lot 85 in a dirxtion of North 73° 11'50" East from the Southeast corner of said Lot 85 in a direction of North 66 045'04" East to said mean high water fine. which is hereinafter referred to as "the subject real property." Whatever rights, if any, that defendant SEAGO GROUP, INC., may have acquired to the subject real property by virtue of the certificate of title received from the clerk of court in the Collier County Circuit action styled Mayflower Investor, Inc. AMA SHIM QP , IM,-Y. Ma329MM fatty Inc.. Can No. 80- 206- CA- 01 -CTC, have been extinguished by the adverse .. possession of movants. Accordingly, IT IS ADJUDGED THAT: a,o 1. Plaintiff's JAMES A. HUG ELEANOR D. HUGHES are the owners R coy of the subject veal property in Co ' o O 2. The title of pl ' AME$ A. HUGHES, LEANOR D. HUGHES to the subject real property is q 'et a 'nst of f S GO GROUP, INC., and all other persons claiming a t. C� H 3. This judgrrren not address the c of a g plaintiffs which shall proceed. 4. It is expressly no is LLER and MARY BETH SCMELLER have made no claim to tilt a C1IZ erty and that this judgment does not affect the property located between the boundary of the platted lot and P gay, DONE AND ORDERED in Chambers in East Naples, Collier County, plorida, this day of November, 2007. Conformed copies to: CUIZ JUDGF� !Mark A. Ebelini, Esq. obaniet D. Peck, Esq. tOWip�dEE piika0a+rhkaadtrtloirt �bfitl►sttl+gbo�nliaabwsnd AFhedetick C. Kramer, Esq. ;a,td aipr al +rN/�d,,�,is�anNleinm�ra�oaMir F-AL SUMMARY JUDGMFNr ON CLAD/SOF GO��t(:011ldy' PLAP" FS JAMES A. Hues, Js. AND Nrsaesundernryhandendtasi���d�rd � ELEANOR D. HUGHES Page 2 of 2 DOW E Bra Owk