Backup Documents 10/25/2011 Item #17A17A I
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
Originating Dept/ Div: GMD /Zoning Person: Nancy Gundlach, Principal Planner
Date: September 20, 2011
Petition No. (If none, give brief description): 4750 18th Avenue S.E. VA- PL2010- 1654
Petitioner: (Name & Address):
Applicant: Lane Bryant Development, Inc. Agent: N.L. Bennett & Associates Inc.
2704 68th Street West 241 Yeomans Avenue
Lehigh Acres, FL 33971 Labelle, FL 33975
Name & 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, October 25, 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 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: 131- 138326- 649100-
00000
Reviewed by, t�
Divisio dministrator or Designee Date
List Attachments:
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: �} Cwtd�
Date Received: •v(� Date of Public hearing: 10 Date Advertised:
17A +
Please reference the foll2.w j_q_on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131- 138326 - 649100 -00000
PURCHASE ORDER NUMBER: 4500096189
Account Number: 068779
17A 4 4
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, October 25, 2011, in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will
consider:
VA- PL2010 -1654, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA-
PL2010 -1654 for a variance from the required 30 feet side setback to permit a side setback of 23.43 + /- feet on property located
at 4750 18th Ave. S.E. hereinafter described in 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 manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, 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
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 is based.
If you are a person with a 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, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
17 V-4
RESOLUTION 11-
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER VA- PL2010 -1654 FOR A VARIANCE
FROM THE REQUIRED 30 FEET SIDE SETBACK TO
PERMIT A SIDE SETBACK OF 23.43 + /- FEET ON
PROPERTY LOCATED AT 4750 18TH AVE. S.E.
HEREINAFTER DESCRIBED IN 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. 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 the required 30 feet side setback to permit a side setback of 23.43 + /- feet, as shown on the
attached Exhibit "A ", in the Estates (E) 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:
Petition Number VA- PL2010 -1654 filed by H.L. Bennett & Associates with respect to
the property hereinafter described as:
The East 180 feet of Tract 90, Golden Gate Estates, Unit No. 85, according to the
plat thereof as recorded in Plat Book. 5, Page 24, Public Records of Collier
County, Florida.
Folio No. 41168240004
DOYLE GUY-4750 18TH AVE, SE
VA- PL2010- 1654 /Rev. 8/09/11 1 of 2
7A
be and the same hereby is approved for a variance from the required 30 feet side setback to
permit a side setback of 23.43 + /- feet, as shown on the attached Exhibit "A ", in the Estates (E)
zoning district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote this day of
2011.
ATTEST:
DWIGHT E. BROCK, CLERK
M.
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney at<<
Attachment: Exhibit A — Site Plan
11- CPS - 01093/9
DOYLE GUY— 4750 18TH AVE, SE
VA- PL2010 -1654/ Rev. 8109111 2 of 2
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
7 A
11
s
n
i
6
omm Now=
i
�l
8 E
P
mi
B. L. BENNETT 3
' & ASSOCIATES INC. SITE PLAN GUY OOYLE
! - xs - AlQlIC - rn — — SETBACK VARIANCE
LAM WMA asn nL (a» srs-M PETITION
L& #M45 FAX (86A ffn-W
m r
i
t
11
s
n
i
6
omm Now=
i
�l
8 E
P
mi
B. L. BENNETT 3
' & ASSOCIATES INC. SITE PLAN GUY OOYLE
! - xs - AlQlIC - rn — — SETBACK VARIANCE
LAM WMA asn nL (a» srs-M PETITION
L& #M45 FAX (86A ffn-W
17A
Acct. #068779
September 21, 2011
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, Florida 34110
Re: VA- PL2010 -1654, 4750 18th Ave. SE
Dear Legals:
Please advertise the above referenced notice on Wednesday, October 5, 2011 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P*09 #4500096189
17A
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, October 25, 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 -1654,
FOR A VARIANCE FROM THE REQUIRED 30 FEET SIDE SETBACK TO
PERMIT A SIDE SETBACK OF 23.43 +/- FEET, ON PROPERTY LOCATED
AT 4750 18TH AVE. SE, HEREINAFTER DESCRIBED IN 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, 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: Martha Vergara, Deputy Clerk
(SEAL)
Notice is hereby given that the Board of Count Comission�er�sf i Board 8f
Zoning Appeals, of Collier Gaunt Will hold a public he�rin un Tuesday, October
25, 2011, in the Boardroohi 3rd Floor, Administration Buiidin Collier Ca0 t y Gov-
ernment Center, 3299 Tarniarni Trail east, Naples, Florida. Tie meet 'inch will begin
at 9 :00 A.M- The title of the proposed resolution Is as follows:
�y s
1Y o i
M � 0 al Al # ! # A � • • 0 R O # #
0 pp � ! M � ap • a« �
• i i � ■ � r � 1 � �! r w '�
0 el •
a a '
r * 0
By: Martha Vergara, Deputy Clerk
(5 EA L)
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 MarvLM Roeller' who on oath says that she serves
as the Advertising 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 October 5, 2011
Affiant 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 I
year 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
publi ation in the said newspaper.
4
1 VIIL
( Signature of Affiafij)
Sworn to and subscribed before me
This 6th day of October, 2011
(Signature of notary public)
y P 6
=e +A �`�c; KAROL E KANGAS
Notary Public - State of Florida
My Comm. Expires Jul 29, 2013
i�A'rl PQ;�
'••,,FOFFto. Commission # OD 912237
17A
NOTICE OF NTENT TO CONSIDER REfiOLUT10k
Notice is Hereby given that `the Board of 'county Gilt l)tlio m as the Board of
goring Appeals a C,alber .curdy will hold a public rq on Tu October
25 2011, in the BEmdrb6M 3rd Floor, Administration 9 Idin r Cow�tY
Government Center, 3299 Tamiami Trail East, Naples, Florida, The itseeting viii
begin at 9:00A301• The title of the proposed resolution'is as feumm
DA, JELATING T�hETITI N N MZONING APPEALS OF COLLIER COU11rY, FLORI-
VA•Pi2010 -1654, FOR A VARIANCE FROM THE
REQUIRED 30 FEET SIDE SETBACK TO PERMIT A SIDE SETBACK OF 23.43 +l- FEET,
ON PROPERTY LOCATED AT :4750 18TH AVE. SE, HEREINAFTER DESCRIBED IN
COLLIER COUNTY FLORIDA.
A m of the proposed Resolution is on file with the Clerk to the Board and is
d;.' for inspection. All interested parties are invited to attend and be beard.
NOTE:• All Persons wishing to spilak.on any agenda item must register with the
County Administrator prior to presentation of the agenda item to be edtsressed• In-
dividual speakers will be r to 3 minutes on any item. Tsa illkRion'of an indi-
vidual to speak on behalf,fargaaizaon or or oWanlzationmm �behalkm�ad 10
by the ,Chair, a spokespenion group ' r9 may
minutes to
upaak pn arrl0fm.; a
Persons wishing to haw written or graphic ma Is included in the Board agenda
packets must Submit' iald' material a minim .mtala3, prior to the we
ublic hearing. in arty cafe, an materials intei, to be considafedthe
yhan be t priate County staff a minimum of seven days
pnor -to the pu bS M�aring. in erial used In presentations before the Board will
become a permanent,0'a t of the record.
Any person who decidgs to 1 al a decision of the Board will -needs record of the
prxeedlr s pErfbinlrtg and therefore, may creed to 0iot a verbatim
record of ffie ings is made, which record irrcludes�, testimony and
evider" upon ith ter appeal is based.
If you are a Op,, 1 d>;a. i �jy who ,needs any accommodation in order to
participate in t *&:Ag are entitled, at rro -cost to you t4 the provision
of certain astistante. pipase oontain-Ahe Collier County Facilities Management De
Fartment, (o h* at 3S T ' I-TraB East, Building W. Naples, Florida 34112;
239)2b2�8380; assl! Osta tlevkas for the hearing. impaired are available in
the County C$lrrpliiofi t#ice.
BOARD OF COUNTY COMMISSIONERS
BOARD OF APpjAtS
COLLIER CiFLORIDA
FRED COYLE CHAIRMAN .
DW16HT E: BROiCK, CLERK
gy Martha WeY{�er Deputy QadC
(SEAL)
- inhar5 2071 Ne1Q16273
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 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 sigaadm, draw a line through routing limes #1 through #4, comokw the checklist, and forward to Sue Filson Qice #5).
Route to Addressees)
in order
Office
Initials
Date
1. Judy Puig
GMD -P & R/Operations &
Regulatory Mgmt. Dept.
Initial
1 a5
2.
October 25, 2011
UV
17.A.
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Resolution /��
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
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/prepsrod 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
44&�
Initial
Applicable)
Agenda Date Item was
October 25, 2011
Agenda Item Number
17.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
l
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
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
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.
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 October 25, 2011 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the ch&nM if applicable.
17A
MEMORANDUM
Date: October 27, 2011
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2011 -195: 4750 18th Avenue SE Variance
Attached for your records is a copy of the document referenced above, (Item #17A)
adopted by the Board of County Commissioners on October 25, 2011.
I have also included an original Affidavit of Publication from Naples Daily
News to confirm 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
17A
RESOLUTION 11-195
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER VA- PL2010 -1654 FOR A VARIANCE
FROM THE REQUIRED 30 FEET SIDE SETBACK TO
PERMIT A SIDE SETBACK OF 23.43 + /- FEET ON
PROPERTY LOCATED AT 4750 18 T" AVE. S.E.
HEREINAFTER DESCRIBED IN 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. 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 the required 30 feet side setback to permit a side setback of 23.43 + /- feet, as shown on the
attached Exhibit "A ", in the Estates (E) 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:
Petition Number VA- PL2010 -1654 filed by H.L. Bennett & Associates with respect to
the property hereinafter described as:
The East 180 feet of Tract 90, Golden Gate Estates, Unit No. 85, according to the
plat thereof as recorded in Plat Book 5, Page 24, Public Records of Collier
County, Florida.
Folio No. 41168240004
DOYLE GUY— 4750 18TH AVE, SE
VA- PL2010 -1654 /Rev. 8/09/11 1 of 2
17A
be and the same hereby is approved for a variance from the required 30 feet side setback to
permit a side setback of 23.43 + /- feet, as shown on the attached Exhibit "A ", in the Estates (E)
zoning district wherein said property is located.
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
( +f) a/' , 2011.
ATTEST:
nWT(414T 9`nR (
Steven T. Williams
Assistant County Attorney Ja l <<
Attachment: Exhibit A — Site Plan
1 I- CPS - 01093/9
DOYLE GUY— 4750 18TH AVE, SE
VA- PL2010 -1654 /Rev. 8/09/11 2 of
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
�i' `'-
FRED W. COYLE, Chair
Item # 42-
Agenda I V�� : �`i' c
Date � V
Date 4
Recd
m
W
D
I
i
I
I�
I$
iy
Sa
1
V�
--- ------ -- - - -- - -- UanT!7E 166O7Y ___ i
I
� I
I� 1
IA �
ig v � iv
1
I
M Oa191C E !6607 Y I � >
— -s S
a — � n $ �•
c
I I
I �
CA
a
5 ■ ■Y1O7 Y
F-t� W a■�
1
F�
92
s
a
n �
c �
e�
H L BENNETT '�'n`
ASSOCIATES INC. SITE PLAN GUY noYLE
AvaeYt - PA aaAr6a zrn SETBACK VARIANCE
u®ic B.fImA � Rt cars) as -aeaz PETITION
Is A¢TI�a rAZ (ee>) s�tm