Resolution 2006-035
RESOLUTION NO. 06- 35
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY FLORIDA,
RELATING TO PETITION NUMBER V A-2004-AR-
5438, FOR A 5.19 ACRE VARIANCE FROM TIlE 20
ACRE REQUIREMENT OF SUBSECTION 4.02.02.C OF
THE OF TIlE LAND DEVELOPMENT CODE FOR
EARTHMINING ACTIVITIES IN AN ESTATES
ZONING DISTRICT TO ALLOW FOR TIlE
INTERCONNECTION OF TWO LAKES CREATED AS
A RESULT OF EARTHMINING ACTIVITIES INTO
ONE 25.19 ACRE LAKE TO EXCEED THE MAXIMUM
SITE AREA OF 20 ACRES ON PROP[RTY
II[REINAFTER DFSCRIBED IN COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(LDC) (Ordinance No. 2004-4 I, 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 5.19 acre variance from the 20 acre
requirement of Subsection 4.02.02.C. of the LDC for earthmining activities in an Estates (E)
Zoning District to allow for the interconnection of two lakes created as a result of the
earthmining activities into one 25.19 acre lake for the property hereinafter described, and has
found as a matter of tact 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 current LDC for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The Petition V A-2004-AR-5438 filed by Beau Keene, P.E., of Keene Engineering,
representing Darryl .J Damico, with respect to the property hereinafter described as:
Exhibit "B"
V A~ 2004-AR~5438/MDIUsp
lof2
be and the same hereby is approved for a 5.19 acre variance from the 20 acre requirement of
Subsection 4.02.02.C of the LDC for eatrhmining activities in an Estates Zoning District to
allow for the interconnection of two existing lakes created as a result of earthmining activities
into one 25.19 acre lake as shown on the attached plot plan, Exhibit "A", wherein said
property is located, subject to the tollowing conditions:
1. The variance is limited to the extent of development as depieted in the
app1ieant's site plan stamped "Received July 12, 2004" except as further
restricted below. This site plan is included as Exhibit A.
2. The varianee is limited to a maximum exeavation site area of 44 acres.
3. The variance is limitcd to a maximum lakc surfaec area of 57.25 pcreent of the
44-acre site.
4. The approval of this varianee shall be eontingent upon the approval of CU-
2004-AR-5439.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2004-AR-5438 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
" /(
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day of
, ..; , . I . I. ' 2006
It. 'I --' l.~ i-I , .
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ATTEST:
DWIGHT E..BIWCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Attest 11$ to
ii,Htura cnlj.
Approved <1S t9Jorm
and legal sufficiency:
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BY: ~>~./
---"Frank Halas , AIRMAN
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'1-<-<- :/17. ~(.I..C . - ~
Marjorj M. Student-Stirling
Assistant County Attorney
V A- 2004-AR-5438/MDRfsp
2of2
56th Avenue N.E. Excavation
REAL PROPERTY OWNERSHIP
GOLDEN GATE
ESTATES
PARCEL# FOLIO # TRACT UNIT ACQUIRED
39027480001 E 180' 84 45 02-0ct
2 39030440009 W 180' 108 45 02-0ct
3 39030400007 W75' 107 45 03-Nov
4 39030320006 E 75' ofW 150' 107 45 Jun-99
5 39030280007 W 75' of E 180' 107 45 02-Sep
6 39030360008 E 105' of E 180' 107 45 Jan-OO
7 39030840007 W 105' 114 45 Jun-99
8 39030760006 E 75' of W 180' 114 45 Oct-98
9 39030880009 W 75' of E 150' 114 45 Mar-98
10 39030800005 E 75' 114 45 Jan-99
11 39030920008 115 45 Nov-98
~2 39030720004 113 45 Mar-99
13 39030640003 E 150' 112 45 Dec-98
14 39030680005 W 180' 112 45 Dec-98
15 39030600001 110 45 Apr-97
~6 39030560002 109 45 Apr-97
Exhibit "B"
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:e :I! ~ FOUO # 39030320006
jij'" \:::/_EAST 7S' of WEST 150' of TRAC~07
i:i fr";:;\ FOUO # 39030280007 FOLIO # 39030600001
a 01 e WEST 7L of EAST 180' of TRACT....!...O~ TRACT 110 p\
.. c;:;.., FOUO # 39030360008 I \0J
= e EAST 105' of EAST 180' of TRACT 1~
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to FOLIO # 39030840007
:I> \:y WEST 10S' of TRACT 114 ~ FOLIO #. 39030680005 p\
< @-FOLlOT 39030760006 - - WEST 180 of TRACT 112 \:tJ
m ex> _EAST 7~of WEST 180' of TRACT......!.,14 _ _ _ _ _ __
Z 1(0\ FOLIO # 39030880009
'\:::::J WE 75' of EAST 150' ~ TRACT--!.1 ~ FOLIO # 39030640003
C ....... FOUO # 3903080000S -. EAST lS0' of TRACT 112
m EAST 75'~ TRACT 1 ~ + _ _ _ _ _ _ _
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FOLIO # 39027480001
EAST 180' of TRACT 84
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~ FOLIO # 39030440009
WEST 180' of TRACT 108
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FOLIO # 39030560002
TRACT 109
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FOLIO # 39030400007
WEST 7S' of TRACT 107
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FOLIO # 39030920008
TRACT 11S
FOLIO # 3903072004
TRACT 113
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EXHISIT "8"
I V A-2004-AR-5438
..L...- PROJECT #2003110016'
DATE: 3/2/04
MICHAEL DERUNTZ
(COMPANION TO CU-2004-AR-5439)
DAR D
56th A VENUE N.E. EXCA V A TION
OWNERS'" EXtlBIT
KEENE ENGINEERING
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