Loading...
Backup Documents 01/12/2010 Item # 7A ?A I 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.) .. H" ..H' H............... H......... H........ H....... 'I', ""',1< >It '/r "'... 1<.. "'.. I< 1<.. '" '" I< *(j "'.. '" "', ** Ir *.'" '" *"'* 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. ~ ..~ , 7A ~ .1 J" 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 \ \ ~ LOT 27 APPROX. LOCA not.' \ ''6 -c.~ ""TINO , '"'''' '~ "h",. BUILPING \ \ ",o~: ~~c~ " , " "'~, ;?~ CAKE mAC10 (ORAtNMEE:ASEMENT) 10.0'P.U.E. 12- SCALE: '.",,30' L o -Y-TJ ". ". SCRE?,~ ~~ETE I I 17_9,!,- LOT 25 " ~g ~ ~, ~ I 10,0' P.U,E, t;; "I 8 '" ill ti' SI " I I 5.P....J I I I __~___...J F.I.R. L1 ..I,R. I I l--s.o I I 1 JO,o'P.u.E. L__~~_ 7A PROPERTY /\ LINt \ \ \ EDQO OF CONCRETE \ POOl.. DECK ::DCE Of SCREEN CAGE , \ \ S'P.U.E. V/ \ DETAIL NOT TO SCALf 03 / / ....V // / / (EKISTlNG DRIVES, WALKS AND UTILITIES NOT SI-IOWN) / P,c.P, NB9"M'4'"E 2-74.73' (p) (BASIS OF' BEARINGS) 274:7:f(W) I .', ,:'Ig gl~ ,;!I I e~:~ ~I~- KINGS LAKEBOULEVARD 84' RIGHT-Of-W,W (I<i:lADWAY NOT SHOWN) T-- 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 P,C.P. @l f.l.R. 0 P,UL '" P.S,M. 1..8 f.A.C. (') (M) SEP! ,., 2003 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 / N44-",34';;>Il"W 1:)7.16' Ilf I , ! ~ ~ s ! . b SPECWICPURPOSESURVEY BBLS SURVEYORS & , w " MAPPERS INC. Q . , L0T26, BLOCK R, KINGS LAKE UNIT No" 3, PLAT BOOK 13, ~ ,~ i: g ., ~ 1502-A RAILHEAD BLVD. ", . I PAGES 33 & 34, A PORTION OF SECTION 7, I "" " , ; , " TOWNSHIP 50 SOUTH, RANGE 26 EAST, NAPLES, FLORIDA 34110 B~ , ~ j . . COLl.:!!E.R COUNTY, FLORID~ _ (2~9)_297-131S 1=)(I-IIRIT A ("~ ------- -- ..-/ ------- LOT 5 --I BLOCK "Q" I 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 -", 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 7A '" 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: ~- . .... r-' ..:: I :::;:t ;-'~'l~.;;-~~:' '-lr:':"';1 .- '_I' .... "'" Un J I. t ,-.1;\::.;;\ 'J~'~-br Lli ~:., ". L8 hll O' \.-: ...:_ERK CF C"L:;; .-,C. .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 2of2 c 7A LAKe IRACTCJ (rlRAil\:AGF.: f:ASlMENT) \'.R.M.- 'CllGI. Dr cm1CRET[ f'IJOI_IJFCK \ APf-'ROXIMAll TOPOI'RANK L2 PI;, IOn 5C!\LE ~ j(J' F=ECC~l=:=:L:--J 1-~.1_21--- 1 ~' ~',o 10.5.3' ---!- I SCREENED CONCRETE--> POOL DECK I I 17.97' ~~:;T 77 DE1A"= N0T 1"0,':-:1,. I or ?~) '" ~g ~ ~ c " I I I -~- ...j I LOT 26 AI'loPOXLOCATION i:X1',TINGl STORY tJUILDII\'G (/454 KINGS LAKf', W'/I)) / / IQ,r)'PIJl-- BLOCK "R" 1O,[1'PU., I I C3 / '0~~-"- ;' <b-$l; ) 0......<S>~ /'\ ,'''' \ /' / " N4P"34'20"W ~ '37.16' ~_il-- ~ i---5,() , I I (FXISTINC DRIVFS, WALKS ANI) UTI!.ITI;:S NOT S!-'OWN) ... ~I [iJ :to' '-" 51 Q, i'.C,P _ i ~~~.~'55~t,,~.7~(P2-___~~_ -<r--v (RASIS OF REARINGS" 274,73' (M) I ", I ~- , I,Ll, L1 ILR ~I ~ns bl~ ~I / ~ c::.-- ----- .----' ~ KINGS LAKE BOULEVARD 84' RICHT-Qt-WAY CWADWAY NOT SHOWN] nT , 1_(_,' _) '1'/" \ B~ OCK 'c i.C) I ". LEceAL DES(;R1PT/()N, OT 26, BI_OCK R, KINGS LAKE U'JI' No, " ACC:JRDIN~ TO 'HE "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~ i'l9TES: "HIS ',UR\lr:Y WAS PR'?NiUJ SI'<OClFICALLY RELAIIONSIIIP or TIW IELD_OCATED 1000_ I':rUj , C)C,\ TED 8C'.Jl-.JDARY OF 10- 25. BLC:;K R, TO "'10\N TIT I}N - ~L ,J :O,R,\1 0 ?,C.f' @ I',:.R 0 I',U.E INC I"SM U:J F,A_C (r') (~JI ) P:::RMANE~JT REFFr,ENC[ '~ONUM['-J T toUN[J 4'",4" CONCRETE MONUM[NI (8ROK,N), FOUND I'ERM,\NI:NI CONT'<CL PU<NT (",/8" IRQN '<OD Wiry AlUMINUM I:^p) FOUND S/8'" IRON ROD C\JO IlJ'- PUBLIC L,rrl.lTY I:ASEMEN' INCORPOI-/Afm I'RO!TSSID'-JAI SU?V,Y()F' ,AND fJ^PPI'R LICENSED 8IJSI~IFSS :,:,_~~IDA M:MINISTRA-nV[ COD'~ PRINTED MEI\SURf:,1) /,) !3U\RIW;S BLVLJ,KII,GS PLCDIlDEDIN 01 COLUH-! ',:IOWN lir-:Rf_O~ RHlR '0 I'[-.;E CENTERL'I'" or ~lrJ;S I. KI- 'I\KI' UNIT 1"0..J AC(;(JRDING TO TH[ PLAT T'II'?ior- 1\'" nDOK 1.' AT "ACE'-; Vi AhD .,~ or- T,lt I"JrJ 'C "U():W,; IJ.lf<'QI\ LEGEN.Q PROP-',-Y!S:;ld,',/ ()I'R[CORiJ '() LA ;[M['JT<;, RI'<;I'R'J~TI()I\'- :)R t.) I.IIM' ~]';I:Jt--l'; -:;HOWN I-i RlO~ ARE IN 'T;::T IIND ~[CIMI\I. S T -11.-7FC~ 'H',""UI,VE.Yi:; S--A:_C' ,U, WITHOUT "IF SIGN^TU;T,\r~C-II;'_ CClCI,\Jr.L SUR\FYOR AND MAPT:~ t,) FOIJNnATIO~I" :"1 I"L;' '--I IHE SURr-/'.CT, 1'- ;\~Y, I~/"VI'. '-J'.~,I IF:cI>J I_C':::I,I!_ CiERT1FIEOD TO: PM<; 'N2_ 01 NM'lt:' LINE TABLE 66LS SURVEYORS & MAPPERS, INC, I IN'_ [l[ARING f}ISTANCF '1 N89"SS'41"T 72 L2 S89':,S'~1"W n CER1JF.LC!J,"f/ON: ;:URVE CI C/ C\ RAf1IUS 2/200 9500 2311()O f1EITA C!IDRS' ~ 4 '31)'00" 2(;,>98 25'.)/'51" ~2:;~' 2c)'cj51" 'lM,r'l CHORf1F:lEAT{ING N67"",O",0"1- N76'S9'l'),S''C N7f:'S9'lS'", '_[NG11' 211 2 ~-) 429' 10'.69 I H [r~[!] y C:'.Rlllf 11_, ,\ -,- ,-1-<< ,;pc CI FI C ?UR POSE SU R V[ Y '1,1 A':; UNDI'R ::HAi-tG[ ON 09/2JJ/09 rHIS SURVey 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:-,>.".::> _..~~>-...")!VJ/..o<). SI1I"1t" f1~"W-:, j.~ll OF :-LI)RID/\. (PlS 1/5/96) 9RI.', c.;u,v:yr'",c; (< H/,c>pl"r IN2__ (L.B_ 116753) '';1..''-';\1 CURVE TABLE &c- rZ 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