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
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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
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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
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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
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