Backup Documents 01/12/2010 Item # 7A
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COLLIER COUNTY FLORIDA.
REQUEST FOR LEGA.L ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
~ :'iormal Legal Adyertisement Other:
(Display Adv., location. etc.)
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OriginaHng DCI'll Div: CDES./Z<Jnin2I'erson: Nancy Gundlach. AICP , h' '\,' Date: i 2. 0 . C'tj
Petition No. (tfnone. give brier description): VA-PL2009-1162. King's L e PUDIDRI
Petitioner: (Name & Address): Ms. Karen Bishop. PMS Inc., 2335 Tamiami Trail North, Suite 408. Naples. FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Elke
Remmlinger.Behnkc, 2454 Kings Lake Blvd, Naples, FL 34112
Hearing before Bee
IlZA
Other
Requested Hearing date:
Januarv 12.2010
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
. Uther
Lt::gally Required
Proposed Text: (Include legal desl;ription & common location & Size:
Petition: VA-PL2009-1l62, Elke Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998 Irrevocable Trust,
represented by Karen Bishup of PMS, Inc. of Naples. is requesting two after-thl..':-facl variances for an e'\isting screened pool
enclosure that is an accessory structure to a singh: family dwelling. The tirst request is for a variance of2.5 feet from the required
rear yard setback of 15 feet as provided fur in Section 8.]6 arthe Kings Luke Planned Unit Development (Ordinance ~umber: 82.
52) to allo\\ the existing accessory structure to remain at 12.5 fed from the rear property line. The second request is for a variance
of 2.41 feet from the required side yard setback uf 7.5 feet as provided for in Section 8.16 or the Kings Lake Planned linit
Development (Ordinancl,': Number: 82.52) to allow the existing accessory structure 10 remain at 5.09 teet from the side property
line. The suhject .26:1: acre property is located at 2454 King's Lake Boulevard, in the King's Lake Unit 3. in Plat Book 13, Pages
33 and 34 of the Public Records ofCollicr County, in Section 7. TOl,'mship 50 South. Range 26 East, Collier County. Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include adverti~ing cost? Yes No If Yes, what account should he charged for advertising costs:
PO ~umber: 4500096189 for Account Number: 068779
Reviewed by:
~?Yl.h~
Division Administrator or Designee
/L-di,-09
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCe 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 !iubrnitting to County Manager. The ManaKer's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for me.
.*..*.........***.**....*......*.....*.*....*......*...**..........................................
FOR CLERK'S OFFICE IISE ONLY:
Date Received: lzj'l ,If).. c; Date of Public heaflng ~~ Date Advertised: -J$1-f. ~
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RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY RELATING TO PETITION NUMBER V A-
PL2009-I162, POR TWO AFTER-THE-PACT VARIANCES:
FROM THE REQUIRED IS-FOOT REAR SETBACK AND
FROM THE 7.5-FOOT SIDE YARD SETBACK FOR A
SCREEN ENCLOSURE OVER AN EXISTING POOL AND
PATIO AT 2454 KING'S LAKE BLVD., WITHIN THE KINGS
LAKE SUBDIVISION POO IN SECTION 7, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 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 Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, has held a public hearing after notice as in said regulations made and provided,
and has considered the advisability ofa variance from the required IS-foot rear setback to a 12.5-foot
setback for a screen enclosure resulting in a rear setback variance of 2.5 feet for an existing pool and
patio and a variance from the required 7.5-foot side yard setback to a 5.09 foot setback resulting in a
side yard setback variance of2.41 feet, in the Kings Lake Subdivision PUD (Ordinance No. 82-52) at
2454 King's Lake Blvd., also referred to as Lot 26, Block R, Kings Lake Unit No.3, Section 7,
Township 50 South, Range 26 East, Collier County, Florida, 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.
VA.PL2009.1162
Rev. 11119109
10f2
7 A--+t,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD.,0F ZONING APPEALS OF
COLLIER COUNTY FLORIDA, that:
The Petition V A-PL2009-1162 filed by Karen Bishop of PMS, Inc. of Naples representing
Elke Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998 Irrevocable Trust, with respect
to the real property hereinafter described as:
Lot 26, Block R, Kings Lake Unit No.3, according to the plat recorded in
Plat Book 13, Pages 33 and 34, Public Records of Collier County, Florida
be and the same hereby is approved for a variance from the required IS-foot rear setback to a 12.S-
foot setback for a screen enclosure resulting in a rear setback variance of 2.5 feet for an existing pool
and patio and a variance from the required 7.5-foot side yard setback to a 5.09 foot setback resulting
in a side yard setback variance of 2.41 feet, as depicted on Exhibit "A" attached hereto, of the Kings
Lake Subdivision PUD Zoning District wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-PLZ009-
I 162 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and maj ority vote, this _ day of
,2009.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairmen
Approved as to form and
legal sufficiency:
Steven T. Williams .,<~ .rA
Assistant County Attorney \\,1'
Attachment: Exhibit "A" - Survey
CPl09-CPS.OO982\21
VA-PL2009-1162
Rev. 11/19/09
2of2
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APPROX. LOCA not.' \ ''6 -c.~
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(EKISTlNG DRIVES, WALKS
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(BASIS OF' BEARINGS) 274:7:f(W)
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LOT .3
LEGAL DESCRIPTION
LOT 26, OLOCK R, KINGS L.\KE UfoIlT N<>. .3 Il.CCOflOING TO THE
PLAT THEREOF RECORDED IN PL-'T BOOK 13 AT PACtS :n AND
J4 Of ThE PUBLIC RECORDS or COLLIER COUNTY, FLORIDA.
LEGEND
P.R..... 0
PERMANENT REFERENCE MONUMENT
rOUND "'"X4' CONCRETE MONl;~ENT (BIlOKOl)
rOUND PERMANDH CaN"TROL ?DlN1
(5/S" IRO/ol ROO WITH ALlJI.lINUM CAP)
rOUND 5/8" IRON ROt) (NO 10)
puauc unu1Y EASEMENl
INCDRPORArrO
PROfESSIONAL SUR"fYOR AND MAPPER
Uco.JSEO BUSlNE:SS
~~IDA AD~INISTRATlVE CODE: PRINTED
WEASURED
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LINE TABLE BBLS SURVEYORS' MAPPERS. (NC.
UN[ BEARtNG DISTANCE
L1 "'S9"55'<I,"E 22.7:)
L2 SIl9~5'<l1.W 22.7,3
CURVE TABLE
CUR'" RADIUS ORTA CHORD a.lORD BEARING lENG'Jl.l
" 272.00 4-40,30"00. 205.96 N6T40'40"[ 2.112.S
" 95,00 25'~~.r5" 42.,55 N16"5i'15,5"E 42_91
" 230.00 2.5'52'5'" '0:).01 N7IVS9'lS"( 103.69
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s ! . b SPECWICPURPOSESURVEY BBLS SURVEYORS &
, w " MAPPERS INC.
Q . , L0T26, BLOCK R, KINGS LAKE UNIT No" 3, PLAT BOOK 13,
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g ., ~ 1502-A RAILHEAD BLVD.
", . I PAGES 33 & 34, A PORTION OF SECTION 7, I
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" , ; , " TOWNSHIP 50 SOUTH, RANGE 26 EAST, NAPLES, FLORIDA 34110
B~ , ~
j . . COLl.:!!E.R COUNTY, FLORID~ _ (2~9)_297-131S
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LOT 5
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BLOCK "Q"
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LOT 4
NOTES:
1.) TI-l1$ SUR'4:'" WAS PREPARED SPEC1FlCALLY AND DeLUSIVELY TO SHOW
THE RElATIONSHIP Of 1HE fiElD LOCA1E1J POOL AND POOL OECK 10 THE
FJELD lOCATED BOUNDARY Of LOT 26, BLOCK R, KINGS LAKE lJN11 He. J
2.) Bf..A~INCS SHOWN HERlON RU.ER 10 THE CENTERUflE or KINGS lAKE
:lL \!D_, KINGS LAKE UNIT No. 3 ACCORDING TO THE PLA, THEREOF AS
RECORDED I... PLAT BOOK 1,3 AT PACES 3~ ANO 34 Of 1l1E PUBLIC RECORDS
OF COlLIER COUNTY, FLORID....
:).J THIS PROf'ER1'I' IS SU8J[Cr TO EASEMENTS. REc;ERVAl1QNS 00
Rf5TR!Cll0NS OF RECORD
~.) DlMENSmNS SHOWN HEREON ARE IN fEE.r A/olQ OECI"'''LS THERE:OF.
5.) THIS SURVEY IS NOT VALID wrlKOOT TI-lE SIGNATURE AND 1HE OR1GlI''''''L
RAISED S(AL Of" A F"LORIV.... LICENSED SURVE'l'OR AND t.4,o,PPCR.
6.) ~UL1HDAnONS BENEArH lHE SURFACE, IF ANY, HAVE NOT BEEN LOCATED.
CERTIFIED TO:
1.) PMS UK OF NAPLES
CERT/FK!!TlON:
I HEREBY r:~R1IfY THAT ,,'IS SPECIFIC PURPOSE SURVEY WAS SURVEYED
UNDER MY RESPONSlBU:: CHARGE ON 09/:28/09. 'THIS SURVEY WEfTS THE:.
t.lINlt.AUt.( .rrCH~IC"'L ST/lNDARD'> SfT FORTI-! B'f THE flORIDA BOARD Of -'
PRDF[SSION.o.L L.o.ND S:URVfY'O?S IN CHAPTER ElG17-6. (AT PUR<;lJ.o.NT
TO ~~TiC\j~ d"'~ n~.,.~.. STATUTES.
==-- ~
STEPHDJ E. BERRY. ST'\TE ,LORIDA, (PoL.S. 15296)
BtllS SUR\I['(O~S & ~AI'Pr.RS INC.. [L,B. 16753)
J 7 A
Teresa L. Polaski
From:
Sent:
To:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Wednesday. December 09, 2009 8:14 AM
Minutes and Records
VA-PL2009-1162. King's Lake PUD/DRI (NG)
V A-PL2009-1162 Legal Ad ,pdt; V A-PL2009-1162 Resolution ,pdt
Here is legal ad 3 of 4.
lIe,th", L. Rmni", l'
Planning Technician
Zoning & Land Development Review
2800 N, Horseshoe Drive
Naples, FL 34104
(239)252-2930
CoIll~l" County
~0^'W'-'"~~'-"""" "\,,,,,,,,,,,,,,,,..,,,.,,,.,,,
1
Acct. #068779
7 A it"
December 9, 2009
Attn: Legals
Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Re: V A-PL2009-1162, King's Lake PUDIDRI
Dear Legals:
Please advertise the above referenced notice on Sunday, December 27, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
NOTICE OF PUBLIC HEARING
7 A rrf4
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, January 12, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, 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-PL2009-l162,
FOR TWO AFTER-THE-FACT VARIANCES; FROM THE REQUIRED 15-FOOT
REAR SETBACK AND FROM THE 7.5-FOOT SIDE YARD SETBACK FOR A
SCREEN ENCLOSURE OVER AN EXISTING POOL AND PATIO AT 2454
KING'S LAKE BLVD., WITHIN THE KINGS LAKE SUBDIVISION PUD IN
SECTION 7, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
Petition: VA-PL2009-1162, E1ke Remmlinger-Behnke, as Trustee of
the Bernd Schoenherr 1998 Irrevocable Trust, represented by Karen
Bishop of PMS, Inc., of Naples, is requesting two after-the-fact
variances for an existing screened pool enclosure that is an
accessory structure to a single family dwelling. The first request
is a variance of 2.5 feet from the required rear yard setback of
15 feet as provided for in Section 8.16 of the Kings Lake Planned
Unit Development (Ordinance Number: 82-52) to allow the existing
accessory structure to remain at 12.5 feet from the rear property
line. The second request is for a variance of 2.41 feet from the
required side yard setback of 7.5 feet as provided for in Section
8.16 of the Kings Lake Planned Unit Development (Ordinance Number:
82-52) to allow the existing accessory structure to remain at 5.09
feet from the side property line. The subject .26+/- acre property
is located at 2454 King's Lake Boulevard, in the King's Lake Unit
3, in Plat Book 13, Pages 33 and 34 of the Public Records of
Collier County, in Section 7, Township 50 South, Range 26 East,
Collier County, Florida.
A copy of the proposed Resolution is on
Board and is available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
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 5 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.
I
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r /4
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 3301 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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
COl:lpty of Collier
CLERK OF THE C~RCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
PO, BOX 413044
NAPLES, FLORIDA 34101-3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 9,2009
Ms. Karen Bishop
PMS, Inc.
2335 Tamiami Trail N., Ste 408
Naples, FL 34103
RE: V A-PL2009-1162, King's Lake PUD/DRI
Dear Petitioner:
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, January 12,2010, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, December 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~~ V(j(O-~~ ~.~
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
cOblrJ}iof Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAM[ TJ:l.AIL EAST
PO, BOX 413044
NAPLES, FLORIDA 3410[-3044
7 A 1>'"
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 9,2009
Elke Remmlinger-Behnke
2454 Kings Lake Blvd.
Naples, FL 34112
RE: V A-PL2009-1162, King's Lake PUD/DRI
Dear Petitioner:
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, January 12,2010, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, December 27, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~ ,1;f~.~C
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239)252-2646
Wcbsitc: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
fA
Teresa L. Polaski
To:
Subject:
legals@naplesnews,com
VA-PL2009-1162. Kings Lake PUD/DRI
Legals,
Please advertise the following classified ad on Sunday, December 27, 2009, Thanks
~
~
VA-PL2009-1162.d VA-PL2009-1162.d
oc
oc
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po las ki@collierclerk,com)
1
Teresa L. Polaski
7A
From:
Sent:
To:
Subject:
Attachments:
postmaster@collierclerk,com
Wednesday. December 09.20094:43 PM
Teresa L, Polaski
Delivery Status Notification (Relay)
ATT513881,txt; VA-PL2009-1162, Kings Lake PUD/DRI
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.
legals~naDlesnews.com
1
7_- f1
./ t~:
. ,"-'1,
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Thursday, December 10. 2009 10:04 AM
Teresa l. Polaski
RE: VA-PL2009-1162. Kings Lake PUD/DRI
ok
.~~W"~.__~~_~._..~_.~_~~__.~~~.w___~~~_w_._u.,__~_
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, December 09, 2009 4:43 PM
Posted To: Legals - N DN
Conversation: VA-PL2009-1162, Kings Lake PUD/DRI
Subject: VA-PL2009-1162, Kings Lake PUD/DRI
Legals,
Please advertise the following classified ad on Sunday, December 27, 2009. Thanks
<<VA-PL2009-1162.doc>> <<VA-PL2009-1162.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa,Po laski@collierclerk,com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in re5ponse to a public
records request. do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Teresa L. Polaski
7A
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Thursday, December 10, 2009 12:07 PM
Teresa L. Polaski
Ad Confirmation
UAS6CC.jpg
ATTACHED please review your notice & confirm approval via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213-6061
placing your ad.
12/27 /09
NDN
1830701
$307.82
NOTICE OF PUBLIC HEARING
Notice Is hereby given that ,he Boarcl of Caunty Commissioners, as the Board of
Zoning Appeals, of Collier County will held a public hearing en Tuesday, January
12. l010. fn the Boardroom, 3rd Floor, Administration Building, Collier County Gov-
ernment Cemer, 3301 East Tamiaml Trail, Naples, Florida. The meeting will begin
at 9:00 A.M. TI1E! title of the proposed resolution is as fallows: .
A RESOLUTION OF THE SOARD OF ZONlr~G APPEALS OF COLUER COUNTY, FLORI-
DA. RELATING TO PETiTION NUMBER VA-PL2009-1162. FOR TWO AFTER-THE-FACT
VARIANCES; FROM THE REQUIRED 1 !)-FOOT REAR SETBACK AND FROMTHE 7,5-
FOOT SIDE YARD SETBACK FOR A SCREEN ENCLOSURE OVER AN EXISTING POOL
AND PATIO AT 2454 KING',S LAKE BLVD.. WITHIN THE KINGS LAKE SUBDIVISION
PUD IN SECTION 7, TOWNSHIP 50 50UTH. RANGE 26 EAST. COLLIER COUNTY.
FLORIDA.
Petition VA-PL2009-1162. EII<e Remmlinger-6ehnke. as Trustee o.f the Bernd
Schoenherr 1998 Irrevocable Trust. represented by Karen Bishop af PMS. inc. of
Naples. i, reque,ting 1:\'\10. after-the-fact variances for an existing screened pool en-
closure that Is,an accessory structure to a single family dwelllf15l' The first request i,
a v,ananc€ of 25 feet from the required rear yard setback of b feeT as proVided for
In SecTIon 8.16 of the Kings Lake 1)lanned Unit DeveloDment (Ordil1ance Number-
S2-52) 10 allow The existing aCCESSOry Structure to remain at 12.5 feet from the rear
property line The second requ@st IS for a vanance at 2_41 feet from the required
side ya rd ~etba(k of 7 5 feet as provided for in Section 8.16 of the Kings Lake
Planned Unrt Development (Ordinance NIJmber 82-52) to allow the eXisting acc~-
sarj structure to remain at 509 feet from the Sid" property lin.. The subject 26+1-
<lcre property is lacated at 2454 King's Lake Boulevard, in ihe King's lake Unrt 3, III
Plat !':laok 13. Pages 33 and 34 ohne Public Records of Callier County. in SecIIon 7,
Township 50 South, Range 26 East, Callier County. Flonda.
A copy of the proposed Resolution is on file with the Clerk to the Board and IS
available for inspection. All interested parties al'!;- inVited to att@nd and be heard.
NOTE: All Per~ans wishll1g to speak on any agenda Item must register with the
COIJnty Administrator prior to presentatron of the agenda Item 10 be addressed. In-
diVidual speakers Will be limited to 5 minUli;<S on any item. The selection of an indl'
vidual to speak on behalf of an org;:\I1ization or group is encouraged, If recognized
by the Chair, a spok.esperson for a group or organization may be allotted 10 min-
ute, to speak on an Item
Persons wishing to halle 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 wnsldered by the
Board shall be submitted to the appropriate County staff a minimum of seven da~s
I)rior to the public hearing. All material used in presentaTions before the Board Will
became a permanent part of the record.
Any persan who decides to appE'al a decision o.f the Board will need a record of the
praceedings pertaining thereto and therefore, may need to ensure that a verbatim
lecord of the proceedings i, made, which record includes the testimony and evi-
dence upon which the appeal is based,
If ilQU are a person with disability who needs any accommc,dation in order to par.
ticipate in this proceeding, you arE'entitled, at no cost to you, to the prOVision af
certain assistance. Please contact the Collier County Facilities Management Depart-
ment. located at 3301 Tamiami Trail East, Buitdin~ VV, Naple.., Florida 34112,
(239}252-8380; Assisted listening devices for the hearrng impaired are available in
the CDunty Commissioners' Office.
BOARD OF COUNTY COMI'v1ISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY. FlORIDA
DONNA FIALA. CHAIRMAN
DWIGHT E BROCK, CLERK
By; Teresa Polaski. Deputy Clerk
(SEAL)
December 27, 2009
No1830701
,.. ~
. i~
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the anached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on December 27, 2009
1 time in the issue
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 1
year next preceding the first publication of the attached copy of
~dvertisement; 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' . n in the said newsp' per.
~
Sworn to and subscribed before me
This 30th day of December, 2009
i',4
co:
~- . ....
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I :::;:t ;-'~'l~.;;-~~:' '-lr:':"';1
.- '_I' .... "'" Un J I. t ,-.1;\::.;;\
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hll O' \.-:
...:_ERK CF C"L:;;
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.t.roTlCE OF~tiE4IUNG
Notice Is hereby ~ir~that the8Qard Of COl.#.1lY '~," L 'as the
Board of Zoning . s of comer Coun~ WIll' hotdaPUbuc:hei!li:1nu on
Tuesday, Jan!'wy . 2010. In the -Boardioorri. 3t(t ,",.Ajm Ion
Bulldlng. Collier County Government cent!r1._ 3301 East TarnJam Trail.
Naples. Florida. The meeting WfIlbegin at r.uu A.M. The title of tht'Pro-
posedre$Oh.ltlon.lsN-1oIfoWa:" . ..
A RESOLlSTlON ot _,eo_Of; _1II<l APHALs OF _COONTY"
FLORIIlA, REl.ATI~QTO PETITIl:lN NUMIIIlR V~t.l<'fOIl1WO
An'ERk-THE--FACT Y' '.' S~'FltCJrl.TH!'Ar~J.'='POO MOOt'str8A.CK
ANO FROM _ 7fl'~Io~v_ SETIlACK FOR A SCllEQI' ENcUlSuR~
OVER AN.~NO"POCa~NI) :~no A1':Ms4 KING'S' LAKE 8Lvtt, WfTHIN
THE KINGS WE S08I:ttVlSION PUD IN SECTION 7, TOWNSHIP 50 SOUTH,
AANOE 26 EAST, eou.~ COUNTY. fLORlOA.
htitlon: VA-PL2009-ll62, Elkl!JRemmt'"AeIehnk~.Tl'Ulteiof thtBemd
SChoent'lt!rr 1998 trrevocable TNSt.,t. lR<t ~ "'Karen BIShop ()t !'MS.
Inc.. of N~Ies. is reQUeItIng two aft8Mb.~ variances for an exlstillg
screened pool enclosure that Is an aCCiSiory structure to a single. family
ChveIIi~. TtIe first ~ Is a varlMce Of.u feet from,the ~11Id _
Qf 15, Ietl:.as ed ror"ln ~n, l6.ttMt. Lake
~ned ...~'" (~<;e Number: ai.'qf",,:lt.ow tho.tlng
acce..ory 8\tJitlUro to "'",.., .. W _ from tho-a' O!\o' The
second . luest 'IS:. for'a ." . of a..41 feet froi'n"'~. . ..... yard
Jetback ~.5 fet Q~ In section &16 01 thl!! . 8 Lake Planned
Unit DeveloPf'l'*tt (0rifli1anc:e Number: 82-52) to allow the existing acces-
s~ jtructure to rimlaln at S.D9 feet from the side prQ~ line. The sub-
t"ll$.+/~~~,V~~=i-st=-~~:.
c"""I:I'.9....".,.:."""..:, ilX\ ",""'. .. ....;. ....,
.~
be
...
.......In
therecori:l.
~.PI!$OtlM') .,as '.. ;.to "';'.:'= -'1Ad ~~.~~wUtnted. r::.
....... .-... 'P"'''''-I'I!!: Is. _. .. iOCllt'd lr>
cludiS .,~MtF. ___Is ,.
~Y~~n~~~lf~;
_RIlof COllllTviif' sstONERS
llOAIlllOF ilQNING
~~cid'-
OWlGltTt. C CLERk
~- __
So ilbA. ~. 7MO. N,,1SAn1At
?A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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
document.. 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
exceotion of the Chairman's si2Jlature, draw a line through routing lines # I through #4, comDlete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Judy Puig Community Development and W I/IJ-I doll)
Environmental Services
2.
3.
4.
5. S"" Filson, Executive Manager Board of County Commissioners i!.A 111'3
I fiN ^' ,-(CitEI.-\.... 1'0
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORM A TION
(The primary contact is the holder of the original document pending Bee 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 nceding the Bee Chairman's signature are to be delivered to the Bee otlice only after the Bee has acted to approve the
item.'
Name of Primary Staff Nancy Gundlach Phone N urn ber 239-252-2484
Contact
Agenda Date Item was January 12, 2010 Agenda Item Number 7A
Aooroved by the BCC
Type of Document Resolution d-o\O - I ( Number of Original 1
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
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 ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson 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 0 our deadlines!
The document was approved by the BCC on . (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, jf a Iicable.
Yes
(Initial)
2.
3.
4.
5.
6.
(\8'
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.0304. Revised 1,26.05, Revised 2.24.05
MEMORANDUM
Date: January 14,2010
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010-11: V A-PL2009-1162
Enclosed please find one copy of the document referenced above,
Agenda Item #7 A, adopted by the Board of County Commissioners
on Tuesday, January 12, 2010.
The original document will be kept as part ofthe Board's permanent
record.
If you should have any questions, please contact me at 252-841],
Thank you.
Enclosure
7A
7A
RESOLUTION 10- 11
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY RELATING TO PETITION NUMBER V A-
PL2009-1162, FOR TWO AFTER-THE-FACT VARIANCES;
FROM THE REQUIRED IS-FOOT REAR SETBACK AND
FROM THE 7.5-FOOT SIDE YARD SETBACK FOR A
SCREEN ENCLOSURE OVER AN EXISTING POOL AND
PATIO AT 2454 KING'S LAKE BLVD., WITHIN THE KINGS
LAKE SUBDIVISION PUD IN SECTION 7, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regula1ions as are necessary for the protec1ion 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 Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, 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 IS-foot rear setback to a 12.5-foot
setback for a screen enclosure resulting in a rear setback variance of 2.5 feet for an existing pool and
patio and a variance from the required 7.5-foot side yard setback to a 5.09 foot setback resulting in a
side yard setback variance of2.41 feet, in the Kings Lake Subdivision PUD (Ordinance No. 82-52) at
2454 King's Lake Blvd., also referred to as Lot 26, Block R, Kings Lake Unit No.3, Section 7,
Township 50 South, Range 26 East, Collier County, Florida, 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 Regula1ions 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.
V A-PL2009-1162
Rev. 12/17/09
101"2
7A
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
Petition V A-PL2009-1162 filed by Karen Bishop of PMS, Inc. of Naples representing Elke
Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998 Irrevocable Trust, with respect to the
real property hereinafter described as:
Lot 26, Block R, Kings Lake Unit No.3, according to the plat recorded in
Plat Book 13, Pages 33 and 34, Public Records of Collier County, Florida
be and the same hereby is approved for a variance trom the required IS-foot rear setback to a 12.5-
foot setback for a screen enclosure resulting in a rear setback variance of 2.5 feet for an existing pool
and patio and a variance from the required 7.5-foot side yard setback to a 5.09 foot setback resulting
in a side yard setback variance of 2.41 feet, as depicted on Exhibit "A" attached hereto, of the Kings
Lake Subdivision PUD Zoning District wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-PL2009-
1162 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this \ Q'l-h day of
SQV\LWN ,2010.
I
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
NW.
,
Approved as to form
And legal sufficiency;
.Jb:;.- 7. w tJ .
Steven T. Williams
Assistant County Attorney
Attachment: Exhibit "A" - Survey
Item#1-A.
Agenda ~ \ '2-1.0
Date ~
V ^-PL2009- t 162
Rev. 12/17109
eputy Clerk
CI'\09-CP5-00982\27
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"L.AT THEREOI' RECORDr:D IN PlAT BOO'< 1.3 AT "AGt,; 3.3 ANC
.,'1 0' IH~ P'JW_IC RECORllS OF COLLIER COUN IY, H,ORn~
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"HIS ',UR\lr:Y WAS PR'?NiUJ SI'<OClFICALLY
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PUBLIC L,rrl.lTY I:ASEMEN'
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CiERT1FIEOD TO:
PM<; 'N2_ 01 NM'lt:'
LINE TABLE 66LS SURVEYORS & MAPPERS, INC,
I IN'_ [l[ARING f}ISTANCF
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MINIMU'A ~-;,ANDfR!)S SET FORTH ':lY lHE 'lOllll)^
PRQF':S:';['JNAL '_,\NrJ -:;Uf7V::Y02S IN CH,Af'TU, !i1(;1/-6, 1-
~.:;:;~'!.J2J]2Z..I.LQr;:IDA STATUWS
-=C:-,>.".::>
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SI1I"1t" f1~"W-:, j.~ll OF :-LI)RID/\. (PlS 1/5/96)
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'';1..''-';\1
CURVE TABLE
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I 1:7)10
PMS, Inc. of Naples
J i>Jf
Project Management Services
October 13,2009
Donna Braun & Brian McGroarty
2460 Kings Lake Blvd.
Naplcs, FL 34112
Dear Property Owner:
Please be advised Elke Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998
Irrevocable Trust, represented by Karen Bishop of PMS, Inc. of Naples, has made a
f()rmal application to Collier County tor a variance from the requirements of the zoning
rcgulations as they apply to lhe toll owing described property:
The subject .26"' acre property is located at 2454 King's Lake Boulevard,
in the King's Lake Unit 3, in PIal Book 13, Pages 33 and 34 of the Public
Records of Collier County, in Section 7, Township 50 South, Range 26
East, Collier County, Florida.
It is our intenl to ask 1he County to allow us two (2) atier-the-fact variances li'om Section
8.16 of Ordinance No. 82-52, Kings Lake Planned Unit Development, 10 reducc a
required rear yard setback trom 15 feet to 12.5 feel and to reduce a rcquired side yard
setback trom 7.5 teet to 4.84 feet 10 permit a screened pool enclosure for a single family
home on the aforementioned property. In order to provide you an opportunity to become
tully aware of our intention, wc will be contacting you directly within the next few days
or you may choose 10 telephone us for turther information. I n any event, please be
advised that we are interested in assuring you that our requesl should not adversely alket
your property interest.
Sincerely,
'.
- - ; - J ~- , i" j I'
Christina Fridley
~ 0" ObjC~;" 'h:;~~~i7~
- '11}&0 L ,L'J_ __ .
SIgnatl1c
I
I
I
l
~:I
{" 'I"Hlliallli l'lilill': ';lJil' 40X, ~apk~_ ].1. .\.11 (}3 (23lJ) <'1\5.90XO.x4 i he\ 435-')OX2/1:mail:chrislinalridIcY((/!flI11S11apkS_CdllJ
PMS, Inc. of Naples
?A
Project Management Services
October 13,2009
Marian Weaver
2448 Kings Lake Blvd.
Naplcs. FL 34112
_~ f_ ~ ',' ,
Dcar Property Owner:
Please be advised Elke Remmlinger-Behnke, as Trustee of the Bernd Schoenherr 1998
Irrevocable Trust represented by Karen Bishop ofPMS, Inc. of Naples, has made a
formal application to Collier County tor a variance from the requirements or thc zoning
regulations as they apply to the following described property:
The subject .26"= acre property is located at 2454 King's Lake Boulevard,
in the King's Lake Unit 3, in Plat Book 13, Pages 33 and 34 of the Public
Records or Collier County, in Section 7, Township 50 South, Range 26
East, Collier County, Florida.
It is our intent to ask thc County to allow us two (2) atier-the-fact variances tram Section
8.16 of Ordinance No. 82-52, Kings Lake Planned Unit Development, to reduce a
required rear yard setback trom 15 feet 10 12.5 feet and to reduce a required side yard
sctback Ii'om 7.5 fect to 4.84 feet to permit a screen cd pool enclosurc for a single ramily
home on the aforementioncd property. In order to provide you an opportunity 10 becomc
fully aware or our intention, we will he contacting you directly within the next few days
or you may choosc to telephone us J(1I' furthcr information. In any cvent, pleasc be
advised lhal we are intereslcd in assuring you that our rcqucst should nol advcrsely affix!
your property intcresl.
Sincerely,
Christina Fridley
I havc no objection to the above Variance.
~_~~~~/'i.I,/!-;
S igllaturc
Ll.1:'i "l'amiami Trail N., SuilIC 40X, Naples, Fl, J4103 / (n9) 435-901\0 x4 / Fax 435-1.)082 !l:maiJ:christinalhdlcy((/!pmsnarks.I:()1lI