Backup Documents 02/23/2010 Item # 7A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
te7A
.- -
.",
To; Clerk to the Board: Please place the following as II:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.) ~
**.*********************...*********..********.*. * ~**...***.*.*.*.*****************.***.****.******
Originating Deptl Div: CDESJZonin2 Person; Nancy Gund h, Iep Date: {, '20' (0
Petition No. (If none, give brief description): V A-PL2009-03 7, Flo TV Inc.
Petitioner: (Name & Address): Ms. Kimberly Madison, Ruden, Mcclosky, Smith, Schuster & Ressell, P.A., 401 E. Jackson Street,
Suite 2700. Tampa. FL 33602
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Flo TV, 5775
Morehouse Drive, San Diego, CA 92121, Renda Broadcasting Corp., 900 Parish Street, 4th Floor, Pittsburgh; PA 15220-3425
Hearing before Bee
BZA
Other
Requested Hearing date'
February 23. 2010
Bast:d on advertisement appearing 15 davs before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (fnclude legal description & common location & Size: Petition: Y A-PL2009-37, FLO TV Inc., represented by
Kimberly J. Madison, Esq., of Ruden, McClosky, Smith, Schuster and Russell, P.A., is requesting a Variance of 55.7 feet from the
75-foot front yard setback requirement; and Variances of 22.3 feet and 22.6 feet from the 3D-foot eastern and western side yard
setback requirements, respectively, ofLDC subsection 4.02.01, Table 2_1, Table of Minimum Yard Requirements/or Base Loning
Districts, to permit 19.3-foot, 7.7-foot and 7.4.foot setbacks, respectively, far the guy lines and anchors ofa communications tower
in excess of 75 feet in the Estates (E) Zoning District. The 4.77-acre subject property is located at 5860 Crews Road. in Section ~,
Township 50 South, Range 26 East, in Collier County, Florida. (Companion item to CU~2008-AR-14085)
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes. what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
0/-2../-/0
Date
List Attachments:
OISTRIBUTION INSTRUCTIONS
A. _For hearings before Bee or BZA: Initiating person to <:omplete one copy and obtain Division Head approval
before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
A. Other hearings: Initiating Division head to approve and submit original to Clcrk'~ Office, retaining a copy for file.
.*.*.....*_.**-*.*...*.***.*.***.....*-****_._..._.*...*........*.**...................***..*.*......-
FOR CLERK'S 0 FlCE USE ONLY:
Date Received: \, 1\0 (OOate of Public hearing: 'Z{2-~ k1:> Date Advertised: '~11-( (I{)
"';; ,',,,
ilA
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION
NUMBER VA.PL.2009-37, FOR A VARIANCE FROM THE
REQUIRED FRONT YARD AND SIDE YARD SETBACKS OF
LAND DEVELOPMENT CODE SUBSECTION 4.02.01, TABLE
2.1 RELATING TO GUY LINES OF A COMMUNICATIONS
TOWER LOCATED IN SECTION 8, 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 (LDe)
(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 front yard and side yard
setback requirements of Land Development Code Subsection 4.02.01, Table 2.1 in the Estates
(E) zoning district for the property located at 5860 Crews Road in Section 8, Township 50 South,
Range 26 East, Collier County, Florida and more particularly described in Exhibit "C" attached
hereto and incorporated herein, 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 4.02.01, Table 2. I of said Land Development Code of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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:
FLO TV V A.PL-2009-37
REV. 01120110
lof2
A
'1
.
Petition Number VA-PL-2009-37 filed by Kimberly J. Madison. Esquire of Ruden,
McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Inc. with respect to the
subject property, be and the same is hereby approved for a variance from the front and side yard
setback requirements of the Land Development Code, Subsection 4.02.01, Table 2.1, to allow a
variance of 55.7 feet from the 75-foot front yard setback requirements, thus permitting a setback
of 19.3 feet and variances of 22.3 teet and 22.6 feet from the 30-foot side yard setback
requirements, thus permitting setbacks of7.7 feet and 7.4 feet in the Estates (E) zoning district
wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-PL-
2009-37 be recorded in the minutes of this Board.
This Resolution adopted after motion, second, and super-majority vote, this _ day of
,2010.
ATIEST:
Dwight E. Brock, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams <j{Vi
Assistant County Attorney f.,o'( 0
Attachments: Exhibit "A" - Master Plan
Exhibit "8" - Conditions
Exhibit "C" - Legal Description
09-CPS-00963\12
FLO TV V A-PL-2009-37
REV. 01/20/10
20f2
,'!g. i!ll.i !lili~~~! 'f':' .~" ~ ~ q I
::~ ~ i ','11 . III Il": I'!!
Ijlg II' ~I!I :llIl"',' il!lI'1 !I'
I~ I "~l: ! t'mWu I I
'n/ , li~1 '"1;111,, ..1 III ,..' 11'1
g ur (" I E:P..~ ~I I ,II
! I p~II!Ii ;,1 i~jl i ij . PI~ l/',r;". II! l~~!
II,. 1P.!!i 1~.I", . "" itl!illli
i !I.,I. illd,,, !,11iB! ~ ~ II..G .11 ..I. ..1..
/ -
~
~~m
,11'1~
i!~~
>-
~3
cr.
[ij~,
f-'l-'
-'I'
51'
[Il'
iI
tIJ.
<(
!
"l 1,,,-
~l ~'"
~l I j~Hll
I ,!:lit
"
f~
~!
ij'
'" $-
~
l
.
I ; ~
-~~
I.: ~
J _.1.
, ':!
'1 I~
II~i
~ li~
i'l,
ilk
IJ 1 - ,
~
m I
2,' ~.
j;l"
'I l~
~ Jf~.. "I..
,I-ji!il I
~ . ~I
,
\
~
.~
\
~
'\.
\
~
,
'"
,
I"
,.
I. -Ii I
I!..
-;:
II
.
t
n'l'
~!
.
-"''':",.~''::::':::~...-='''''':::-
, ~I
ill- ,I
litr ~,'
l!i Ii"
I-
I
..
"
!iI
"
'"
'ii
III
~
\
\..
'-,-
..,
j!
!,
1
i
i
I'
i ' ~
i L,' cd
.L~~. .~.~.__~.J
1!l1
i
Exhibit A
-II
. Ii
1 ,
t~ I
I~ ;~ I J
q j~. I
~ iil ~~ II
1 I ~:j 1 I
U 'II II!!' ,I
't I, .. h
'I"
'7Aij
~
.
'lilii!l. ""'
llllll,,"j!
II .n
~ ~cJ ~B.
l~, ~ 7::= ~!i
i""'O :OJ!
oJl ...J~ ~:
"l()~l~h
.. we.:: "j
i!l I o ill ,
! I II
,I '1 /II
ilhil.'II'
'1IIIollill
8" · I'll
~ Illiill!!d
...iI-!:i ii
'/..11i
IlliI~11
.~.
Pl,o!i
.1"11
.~biri:_
i"ll/:!II
~Imi.l>l
<!I 1191,
Exhibit B
7A
CONDITIONS OF APPROVAL
V A-PL-2009-037
September 24, 2009
1. The Variances granted shall be strictly limited to the front and side yard
encroachments of the guy lines and their support anchors, as depicted in
the applicant's submitted survey, dated September 18, 2008, included as
Exhibit A.
2. All of the guy line anchors on the site shall be enclosed by a fence.
.LEGAL bESCRIPTION
Property located in Collier, FL
The West one-half (W Y.) ilf the NorthweSt l)tIc-quro:tllr (NW \4) Mthe Southeast one-quarter
(SE '4) of the Southeast one-quarter (SE l') of Section 8, Township 50 South, Ra.nge 26 East,
Collier County Florida, also mOwn as Tlaet No. 20,Enchanted Acres, less the South 30 fed for
road right-of-way purposes.
AND BEING the Sll1'i)C property collvey(>\! to Renda Broadcasting Corporation, a Pennsylvania
corporation from St~ing Conn:nUllication Corporation. a Florida corporation by Warranty Deed
dated JanulI1')Il3, 1999 and recorded January 20, J 999 ill Deed Book 2503.. Page 1624.
Tax Parcet No. 00405160008
R:M~6J.425J6J
Exhibit C
I 7 A f
7A
Acct. #068779
January 27, 2010
Attn: Legals
Naples Daily News
1100 lmmokalee Road
Naples, Florida 34110
Re: V A-PL2009-037, Flo TV Inc.
Dear Legals:
Please advertise the above referenced notice on Sunday, February 7, 2010 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 TO CONSIDER RESOLUTION
7A
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, February 23, 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-PL2009-037,
FOR A VARIANCE FROM THE REQUIRED FRONT YARD AND SIDE YARD
SETBACKS OF LAND DEVELOPMENT CODE SUBSECTION 4.02.01, TABLE
2.1 RELATING TO GUY LINES OF A COMMUNICATIONS TOWER LOCATED
IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
Petition: VA-PL2009-037, FLO TV Inc., represented by Kimberly J.
Madison, Esq., of Ruden, McClosky, Smith, Schuster and Russell,
P.A., is requesting a Variance of 55.7 feet from the 75-foot front
yard setback requirement; and Variance of 22.3 feet and 22.6 feet
from the 30-foot eastern and western side yard setback
requirements, respectively, of LDC subsection 4.02.01, Table 2.1,
Table of Minimum Yard Requirements for Base Zoning Districts, to
permit 19.3-foot, 7.7-foot and 7.4-foot setbacks, respectively,
for the guy lines and anchors of a communications tower in excess
of 75 feet in the Estates (E) Zoning District. The 4.77-acre
subject property is located at 5860 Crews Road, in Section 8,
Township 50 South, Range 26 East, in Collier County, Florida.
(Companion item to CU-2008-AR-14085)
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
All interested parties
the
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.
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.
?A
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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAM[AMITRA[L EAST
P.O. BOX 413044
NAPLES, FLORIDA 3410[-3044
7A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 27, 2010
Renda Broadcasting Corp.
900 Parish Street
4th Floor
Pittsburgh, P.A. 15220-3425
RE: V A-PL2009-037, Flo TV Inc.
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, February 23, 2010, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
rGHT E. BROCK, CLERK
?'Gf~4~~._..
resa Polaski,
Deputy Clerk
Enclosure
Phonc (239) 252-2646
Wcbsite: www.collierc1erk.com
Fax (239) 252-2755
[mail: collierc1erk@collierc1erk.com
Dwight E. Brock
Clerk of Courts
Cmmty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMJAMI TRAIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34101-3044
7A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 27,2010
Ms. Kimberly Madison
Ruden, McClosky, Smith, Schuster & Russell, P.A.
40 I E. Jackson Street, Ste 2700
Tarnpa, FL 33602
RE: V A-PL2009-037, Flo TV Inc.
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Comrnissioners, as the Board of Zoning Appeals, on
Tuesday, February 23, 2010, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~? c;~~~
Deputy Clerk
Enclosure
Phonc (239) 252-2646
Wcbsite: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk(aicollierclerk.com
Dwight E. Brock
Clerk of Courts
Couptyof Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES. FLORIDA 34101-3044
7A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
January 27, 2010
Flo TV Inc.
5775 Morehouse Drive
San Diego, CA 92121
RE: V A-PL2009-037, Flo TV Inc.
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, February 23, 2010, as indicated on the enclosed notice. The
legal notice pertaining to this petition will be published in the Naples Daily
News on Sunday, February 7, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
-?b~~ ~<=-----
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk(ii!colliercIerk.com
Teresa L. Polaski
?A
To:
Subject:
Attachments:
Naples Daily News Legals
V A-PL2009-037
V A-PL2009-037 .doc; V A-PL2009-037 .doc
Lega Is,
Please advertise the following on Sunday, February 7, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@collierclerk.com)
1
7),
Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan. Emely [EPagan@Naplesnews.com]
Wednesday, January 27. 20104:00 PM
Teresa L. Polaski
RE: VA-PL2009-037
ok
",_"._~_~__~~_~~__~~"",_~""__"'____~~"'""'~'_"_~~~~..,_._,~_~._~'_~'._~.W"~"..~~~.~~~~'_~'.M._'.",__,_w,~...~_..._~~
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, January 27,20103:11 PM
Posted To: Legals - NDN
Conversation: VA-PL2009-037
Subject: VA-PL2009-037
Legals,
Please advertise the following on Sunday, February 7, 2010. Thanks
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@collierelerk.eom)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(O)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e~mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Teresa L. Polaski
~ 7 A
From:
Sent:
To:
Subject:
Attachments:
Pagan. Emely [EPagan@Naplesnews.com]
Wednesday, January 27.20104:04 PM
Teresa L. Polaski
Ad Confirmation
UAS5BE.jpg
ATTACHED please review your notice & confirm approval via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
239-213-6061
placing your ad.
FEB. 7, 2010
NDN
1837175
$285.18
Teresa L. Polaski
7A
From:
Sent:
To:
Subject:
Attachments:
2ND REQUEST!
Pagan, Emely [EPagan@Naplesnew5.com]
Tuesday, February 02, 20103:08 PM
Teresa L. Polaski
Ad Confirmation
UASA1C.jpg
ATTACHED please review your notice & confirm via email.
Thank you for
PUB. Dates
Publication
Ad Number
Total Ad Cost
Emely Pagan
placing your ad.
FEB. 5 & 12, 2616
NON
1837175
$285.18
1
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
; 7A
"
Notice is heri!by glVen that th@ Board of County Commissioners, as the Board 01'
Zonmg Appeoals. 01 Collier County Will hold it public hearing on Tuesday, February
23, 2010, In the Boardroom. 3rd Floor, Administration Building. Collier County Gov-
ernment Center, 3301 East Tamiami Trail, Naples, Florida. Th@ ITleeting will bE!gin
at 9:00 A.M. The title of the proposed resolution is as follows'
A RESOLUTION OF THE BOARD Of ZONING APPEALS OF COUlER COUNTY, FLORI-
DA, RELATING TO PETITION NUMBER VA-PL2009..o37, FOR A VARIANCE "ROM THE
REQUIRED FRONT YARD AND SIDE YARD SETBACKS OF LAND DEVELOPMENT CODE
SUBSECTION 4.02.01, TABLE 2.1 RELATING TO GUY LINES OF A COMMUNICATIONS
TOWER LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER
COUNTY, FLORIDA.
Petition: VA-PL2009-037, FLO TV inc., represented by Kimberly J. Madison, Esq.,oi
Ruden, McClosky, Smith, Schuster arid Russell, P.A., is requesting a Variance of 55.7
leet .from thE! 75.foot front Yilrd setback requirl:m'li'lnt, and Variance of 22.3 feel
(lnd 22.6 fe",t from the 30-foot eastern and western >ide yard setback t.equirE!ments,
"~spectively, o.f tDC subsection iI.OLOl, Table 2.1, Table of Minim,ml Yard Require.
ments for Base Zoning Districts. to pe.rmit 19.3.foot, 7.7-foot and 7.i!-foot setbacks.,
re5pectively. for the guy lines and anchors of a communications tower ill exte15 of
75 feet in the Estates. (E) Zonirtg District. The 4.77-acre subject property 15 located :at
5860 Crews Road, in Section 8, Township 50 South, Range 26 East. in Collier County,
Florida. (Companion item to CU.2008.AR.14085)
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 .,md be heard.
NOTE. All Persons wishing to speak on any ageMa item must register with the
County Administrator prior to presentation of the agenda item to be addressed. In.
dividual speakers will be limlted to 5 minutes on any item. The selectjot~ of an indj.
vidual to speak on behalf of an organization or group is encouraged If recognized
by the Chair, ,3 spokespersor! for a group or organization r\1ay be allott.ed 10 min-
utes to speak on an item.
Persons wifihing to have written or graphic matetfals included in the Board agel~da
pac.kets must submit said material il 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 tl,e public hearing. All material used in presel1tations before the Board Will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will J1eed a record of the
proceedings pertaining thereto and therefore, may need to enSUre that il verbatim
recorcJ of the proceedings 15 made, which record includes the te:<itimony and evi.
dence upon which the appeal rs based,
If you are a person with dIsability who needs any accommodation in order to par-
ticipate In .this proceeding, you are el"!titl.ed, at no cost to you. to the prOVIsion of
certalnaSS.lstal1ce. Please contact the COllle.r County Facilitles Management Depart~
ment, loc.ated at .3301 T" miami Trail East. BuildiJ1g W. Naples, Florida 34112.
(239)252-8380; Assisted Hstening devic.es for the hearing ilnpaired "I'e avail"ble in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY. FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Teresa Pol<i$ki. Deputy Clerk
(SEAl)
February 7.2010
No1837175
NAPLESIBONITA DAILY NEWS
Published Daily
Naples, FL 34] 02
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 attached copy
of the advertising, being a
PUBLIC NOT]CE
in tbe matter of PUBLIC NOTICE
was published in said newspaper
on February 7.2010
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 cominuously 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, fOf a period of 1
year next preceding the first publication ofthe 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
pQj)~paPIT
( Signature of affiant)
Sworn to and subscribed before me
This 10th day of February. 20]0
",~~~~II~;;i',.. I<AROL E KANGAS
,";) "",,.~, c,....
f".,: ~... (> ~ Notary Public - Slate of Florida
~~ '". '::l My Comm. Expires ,lu129. 2013
-:''':':1"[, f <'J.'~ Commission # DO 912237
"";;',,.',.'
7 A;':!
NOOO Of PU8Uc HEAfUNG TO CONItDER HSOU1TlON
~:~jt~~~~\r':"C~~--~':rl~~
23, :amt.JntM IoIirdrOOm. itd'"FtoorjActmih~ - "com.r ~ GOY-
em$l'ft amer, not East TamtIIN Trail, ,""'FIoddI,' ,mtetInCI will bltgln
at ~ A.U;TIM tlf.te'ofthe prQpClIied l't'SOIUtlOtifs tsfoUoWS:,
A USoLUTlON', OF TMt! .BOARDOF lONlNQ~, OF tOWER COUNTY, FLORj.;
OA, ;I~;. to _ NUMlEll V_",!O!' . VA!IlAIICl FOOMTHl
REQ\J ", 'YARDANDJIOf 'YARD '~Ut' lAND DlWELQPMENT CODE
'SUSS! -4',ot:'01,'fA8LE 2.1 RElATlNG Ttl'GUV UNES OF A COMMUNICATIONS
~=~=~.IN.SECTION 8, T~SHIP'50soyn+, RANCiE Z6 lAST, COWER
Petltlon:, V~. 37, FLO TV Inc., represented. ~J. MadIson, Esg., of
Ruden. MCC1oskv, smttti..Sd'luster and RUueH, P,A., IS, , ' a Varl.nce of 55.1
feet from_the'''5-fOat rfOl'l1;,yard,atback ~~,.~ arlance of 22.3 feet
~~:~"'i:~-1f~J:U.;,~~Ji5;
r~iJ8f," nd'~Of\.CClifn1'I'iutl'ldtio"'towtr'lri'"
75fMtMtiMI! ',' ,,'OIltrItt;thIt'~,77-acre=~"'=:
~..~="'_toc8'~]y~-'- _In.''''' .....,
. """'.. .,lit"'" "';""""". .1....JIIt_. ...... CI<<' to the._. oOd"
av~~,I, ~tntnstect~~~,'~ancSJ)~;~Rt.,"
~Jj "::.,~,,'~~~~~1
at~j;;!!~~~~iti~~]
d,\:,lM""",,,~All~"In__""_w111
"apennlMrd:partof'.ttlet'eamf.' ': .
. ,
ArnJ' ~'Who~, to appHI-adedllon Of the BO<<dwUl' I'lHd ,record of the
pr~ pertatn.lng thenIto. and thtrtfore. rec:? need to ensuretilat II verbatim
record of the'~ r~'iQi:"I$,9*'tI'VIIhk.:h rt' , Includes the testlinonyand evI-
...." upon "'" ........... b.....,
\ , , .
If you ......person _. 4iA.bIl1ty wl:l,o ,neI:dI any accommddation In order to pat-
tklpete Iftttiil,'~)'OU...,~~"noCOlt--you, to the ~nof
certlil"l ~,l'ftIse ~ the Colhef', hd1fdIos Man.~ DeGart-
=...,~ """... It JlIO\ r_ Tr.... I..... . W, Napl... A",'''''''~
~~~~ dtYkts for the, Impaired are ml"tie In
~~~~..
.~
~: Teresil~, Deputy Clerk
E"'L)
~7~n ~~,~
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I' 'lA
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO " .1,
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original docum~nls should be hand delivered to the Hoard Oftice. The completed routing slip and original
documents arc to be forwarded to the Board Office only after the Board has tak~n action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exceotion afthe Chainnan's signature, draw a line through routing lines # I through #4, complete 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 ~ ~~31Io
Environmental Services
2. v.
3.
4.
5. ii'18 Filssn, Executive Manager Board of County Commissioners ~ -z1t+/,O
IAN M ITC-I-\E"LL
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(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 infonnation 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 Bee Chairman':-, signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
Nancy Gundlach
Phone Number
239-252-2484
7,A.
February 23, 20 I 0
Agenda Item Number
Vi
Yes
(Initial)
N/A (Not
A licable)
Resolution
~C> ~ E> - '-tq..
Number of Original
Documents Attached
(\0'
NIl!-
I: Forms/ County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
I.
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 Chainnan, with the exception of most letters, must be re~iewed 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 trom
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibly State OffiCials.)
All handwrinen strike-through and revisions have been iOltialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chainnan'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 licable.
"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 Bee office within 24 hours of Bce approval.
Some documents are time sensitive and requin..' forwarding to Tallahassee within a certain
time trame or the BCe's actions are nulli/ied. Be aware of vour deadlines'
The document was approved by the BCe on Feb. 23,2010 (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, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date: February 24, 2010
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010-47: V A-PL-2009-37
Enclosed please find one copy of the document referenced above,
Agenda Item #7 A, adopted by the Board of County Commissioners
on Tuesday, February 23, 2010.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure
I 7 A
7A
RESOLUTION NO. 10- 47
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION
NUMBER V A-PL-2009-37, FOR A VARIANCE FROM THE
REQUIRED FRONT YARD AND SIDE YARD SETBACKS OF
LAND DEVELOPMENT CODE SUBSECTION 4.02.01, TABLE
2.1 RELATING TO GUY LINES OF A COMMUNICATIONS
TOWER LOCATED IN SECTION 8, 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 of a variance from the front yard and side yard
setback requirements of Land Development Code Subsection 4.02.01, Table 2.1 in the Estates
(E) zoning district for the property located at 5860 Crews Road in Section 8, Township 50 South,
Range 26 East, Collier County, Florida and more particularly described in Exhibit "C" attached
hereto and incorporated herein, 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 4.02.01, Table 2.1 of said Land Development Code of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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:
FLO TV V A-PL.2009-37
REV. 01/20/10
10f2
J ?A
Petition Number V A-PL-2009-37 filed by Kimberly J. Madison, Esquire of Ruden,
McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Inc. with respect to the
subject property, be and the same is hereby approved for a variance from the front and side yard
setback requirements of the Land Development Code, Subsection 4.02.01, Table 2.1, to allow a
variance of 55.7 feet from the 75-foot front yard setback requirements, thus permitting a setback
of 19.3 feet and variances of 22.3 feet and 22.6 feet from the 30-foot side yard setback
requirements, thus permitting setbacks of 7.7 feet and 7.4 feet in the Estates (E) zoning district
wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-PL-
2009-37 be recorded in the minutes of this Board.
This Resolution adopted after motion, second, and super-majority vote, this 2.3 day of
~,2010.
ATTEST:
(';'"
~:~rERK (
,:; .:. "-':\;'?~ k
- "Attn{:>>~~<rtit ,
'."tplllt...:'OIl) .
':ll! . ~H\ ?:',"-' '
Approved as to form
and legal sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY~W. ~
FRED W. COYLE, irman
&7.L0Q)
Steven T. Williams 'j(.,)
Assistant County Attorney ,.;1.0.[0
09-CPS-00963\12
Item # ..2..A
~~~JO
i~/O
OeP<Jly Clerk %J1
Attachments: Exhibit "A" - Master Plan
Exhibit "B" ~ Conditions
Exhibit "C" ~ Legal Description
FLO TV V A-PL-2009-37
REV. 01/20110
2of2
>- Ii!: ii ~iJi lid.l. I ." I. li'l I
w.
>1 ,,!!, il!~i; j;,l!i i lfa' I~ 'j " !'I ' ,
0::' Ij "II,~I~,1' .
I'"' "I' ijj,.ll ~
i7l !j !:::i! l!i!~I!lli,!li' Hll 'j'gil il
" ! liP. IIY ," . ill ' . ~~IN j ~"11 ~
i.' ! d,,~ i! 1.,~hL;; >
f- ll~~ "', 'Ii ,'. ", "II ,
...Jl, I !j! I" ", 'J.:11 I ~ !. III "',,' '~, .
! '~m! IJlg !lIe N'd:! ! Y>i r i I. I! i .
-Ii" ~~~ib'l:l W!r dlmei J+!
::J. 'I "1 ! 'II! .Ii',:!1
m'
I! i II ~:i III !Ii 9t1111:l1d. I .. .G ..I..!, .! ..I. _
UJ. .. /
<l: ' "
illii ii
l~r"l II: ~
U'I~
lllii~ ] , I
" I"
j. ili 'i
..
.. $0- , "
I. .'a~ II I':
-^"
: ii . I,
11 n
, ~
,i !I~
, 1~
~:I I 'I'! ! 11
ill .1j.!~11 ill ~ Ill.
~l I~i!;il! ~"
! !l ! 1
,
r
I
,
.
- .
" -
m: '
~ b .w
\- I !I~
"! I I~
; I" ~!il:' 'Ii
I lor ~
"" S.'I
. Ii:
.
\
i
.
\
i
II
~I,
I;"i
?'!I
.
.
\
i
.
,
\
I
,
if
,I I
ili
! I
,i
III
"
;1.
-Ii
II
~".....~~~~;-';;::~~
,,~
\.
\...
................,
Jl
1 ~
'"
IH.I
1:: 1
~ 11 I,~ I !
.11
1 l,il1 I
II Iii 1:11 J
II . In ~e
-I r:r. ~8
b Ii iloii 11
---+-
"
- ,
I
i
i
"
i IIDi
i , '1 j
~ L ~' I
L"2.~. .~J-._._~
T'
1...,
'I
"
ii
..
~t
Ii!
'S~
IOc-t:
"is
Exhibit A
?A
I
'lilif'" ·
; I :1 ,,<"
i 1'j ,..:.~
! I!IIIIII ~g
l ! i -.!
, . ~..
~ ~ [.il!;;! 0> 3 !f
!i F Zt= ;!Iljl
I, 1-6 'e
.11 ...l'" ~.
:I."" ! ~~ ' l~!,
~I; ~ Wa;; j
ift 10," I
! l II
,I I I!!:
i!h!I"Jl'
,",11I1,1,11
01 ,!II '",',
SUU;llIg;
, iilllii~!i1
'0.1,1-'." ..
.. n
-11
11
1
Exhibit B
CONDITIONS OF APPROVAL
V A-PL-2009-037
September 24, 2009
1. The Variances granted shall be strictly limited to the front and side yard
encroachments of the guy lines and their support anchors, as depicted in
the applicant's submitted survey, dated September 18, 2008, included as
Exhibit A.
2. All of the guy line anchors on the site shall be enclosed by a fence.
7A
'.
7A
..
LEGAL DESCRIPTION
Property located in Collier, FL
The West one-half (W h) of the Northwest one-quarter (NW \4) of the S()Utheast one-quarter
(SE ''') of the Southeast one-quarter (SE \4) of Section 8, Township 50 South, Range 26 East,
Collier County Florida, also known as Tract No. 20, Enchanted Acres, less the South 30 feet for
road right-of-way purposes.
AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania
corporation from Sterling Communication Corporation. a Florida corporation by Warranty Deed
dated January 13, ] 999 and recorded January 20, 1999 in Deed Book 2503, Page] 624.
Tax Parcet No. 00405160008
RM:6J.425J6: 1
Exhibit C
(2,cc-~ 212~jtP
n{)00 7 A .; -/J;)
May 25. 1993
(1M)
xt_ .1IAS
ISSOLvrIo. "-21' aa PETITIO. CO-'3-3. ITKRLI.O C~u.lCATIOIS. IRC..
a&Qu"11~ COKDITIOKAL usa 2...3....1.. lOR aaPLACINIKT OW AM IXISTIKO
U. WOOT GUYml COIlIlIlSICATIOIS TOMIIR. MOBILI JIOIl8 AJIIl aqOIPMI1IT
llBUoTD. I.OCATKD O. TD .ORTH SIDI 01' CIIDIS ItOAD BAST 01' COUIITY URIl
ROAD - ADllPTKD
Legal notice having been published in the Naples Daily News on May
9, 1~93, as evidenced by Affidavit of Publication filed wIth the
Cler~, public hearing w~s opened.
l~ryan Milk. Planning Services. descrIbed the location at the pro-
party and surrounding land uses. He explained that the petitioner
wJsh.a to replace an existing communIcatIon. tower due to age. and the
County Land Development Code specifies that a non-confor_lng tower .ay
be replaced subject to conditional use procedures. Mr. Milk mentioned
that the applicant also proposes to remove the exIsting mobIle home
and equip.ant shelter and replace the. with a 2.400 square foot
bul1dinl/.
Mr. Milk related that Statt reco..enda approval with the ter-
.ination ot non-permitted existing use..
Dwight Nadeau of MeAnly. Asher and Associates, P.A., agreed with
all Staff conditions.
Co..l..loner Saunders cIo.ed the public hearing.
Hr. Milk confirmed to Commissioner Matthews that the exIsting
trailer ia presently beIng used for unpermitted uses and ha. been for
twelve years, however, the Illegal use will not continue it this peti-
tion ia granted.
Mr. Milk atated that the Collier County Planning Coaat..ion recoa-
aends approval with the deletion of Items H, I and 3. Coamissioner
Saunders ..lntained that although those iteas may be repetitive, but
not inconsistent to have those items included In the Resolution.
Co..is.ioner Volpe contended that the size of the new .tructure i8
larger than necessary. Mr. Nadeau noted that he is not In a position
to reduce any .tructure 81z8 without. representative ot Sterling
Co..unic.tions present.
&DOl 000 PlGt 88
Pal/a 35
May 25. 1993
C....l..l.....r .....,.s.r. ..."..s. _c...._ by C....l..1.....r C.....t...U...
11II4 "lIn'led "/1 (C_l..l.....r Volpe opp0ae4). to appr..... PetltloD
co-'J-a w1tb the .tlpalaUona B. I ...4 :1 Included ID tbe lteaoluU....,
thereDy adoptIng ReaolutloD '3-21'.
aOOK nOD par.! 89
I'ap 38
>-
w
>~
0-:'
:::J'
(f];1
,I,
l--- :ilg ~
.....J lB ~
::SIr
co'
iI
(f].
<{
!l' "J' ~'
ill, ii' ; ,iii ,
I'~I ill Illi! i!;:li i
!"I' 'i'lll ,"II
,1:1' j!'I,I)II!N'l
i !:IIII !Iliil;" 'i:j,l i
" 1<'.2, i I:! W' ill' hl-';Il
" !I'l'" "Ii '1"'1
;IIPil!'!lill,II':lii~:,1
I il !;ml !I !il9hG iJilH I
/
. I.
~m
1~.~iI
;1'1'
. 'I.:.
II~! -I
I !dil.
'" $
.
'II 1.'1"
i; Ili1!H!1
I 3i;:lh
,i
1'1
!I
,I,
.!.
I'
,I
113' i'j 'i ~ 1,1, I
!j !!~ ',I. !, ~ ,~, II'
1"11 r. 11'1 i I i
~ ':I.dllllll~,:b"'ll
~ "!!ii 'II " ",11"11' I
"1Im"g! '1':ln!' d;
; !l !ei !G! !t !!I !~ ! II ~ ~i
1"
i ill
, ."
il ~~~
, ii
.
=''':''",':~'''",.''::::::~
... .. .. .. -
i \
,
, i
, '.
~i _
r.1! i \ II
.!. ~ " i l!!~
,Ii ' Ili' ,
III ,~ \
. I' II!' 1:11
i I~,iil I i 0
,
..,
r 'r ~ \
~ '~~t)'1
: Us!>
, I ,i :.r:..,,:,..~~;c.:.::!:-;;:::;!;::-
'II
gl, 01 "'~ ,"
;1.
Iii 'Ii
II
1 !
,
----
..
~.:.
gil
c ~b
~g
II
~~
'.
Ii
'~',
'j
c!i
'-', ,
: b,
i I!!!
I'
I IIDj
~ , ~ j
~ Lit "='
L~~~~L.~._'::'.J
~
'i
>
,
I 'i
Irtt
II ~
J I!I
1 u
Il II!
, ,.
II ;i
~ Ii:
! II
I d
~ Ill..
~ I I
I,
Ii
I
,
-I
11
"
'll!
II I ,i
, ,
J ~
h
~ -~ ,
Ii i~. I
j;: I
ii I ~~ : I
'11m: i
II Iii m, J
s5 ~i tn ~~
~;p
I
,
.
,fl'li'!. ;
: lli.r!~~r
! l'!lll'd~e
~ I ""ij ~
I 01
'",0 ~~.
z; ~ z~ ~Bi
JI I 3~ ~~
:B! !~~I!l~i,
!ija J w~ "i
1.1 ! "'~ I
! I II
,I I i pi
'11 'lid
I !ill I Ii
~ !B!!!!I: Ii
,mpiil, ;!
""I-hi;
,I