Resolution 2005-114
RESOLUTION 05-114
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2004-AR-6793, FOR A 5-
FOOT AFTER-THE-FACT VARIANCE FROM THE
REQUIRED 75-FEET FOR A FRONT YARD SETBACK
TO 70-FEET ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(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 request for a 5-foot after-the-fact variance
from the required 75-foot front yard setback set forth in LDC section 2.03.01.B.1.a. to 70-feet
as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zoning District for the
property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that
The Petition V A-2004-AR-6793 filed by Peck & Peck, representing Leobardo &
Maritza Gutierrez, with respect to the property hereinafter described as:
West 180 feet of Tract 49, Golden Gate Estates, Unit 60, according to
Plat thereof, recorded in Plat Book 7, Page 62 of the Public Records of
Collier County, Florida.
be and the same hereby is approved for a 5-foot after-the-fact variance from the required 75-
foot front yard setback set forth in LDC section 2.03.01.B.1.a. to 70-feet as shown on the
attached plot plan, Exhibit "A", of the "E" Zoning District wherein said property is located,
subject to the following conditions:
Exhibit "B"
Page I of2
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2004-AR-6793 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~j/, day of ~I /d / ~A ,2005.
ATTEST'\i,'j .[.":;>::
DWIGwt"'E;"BR.OC{,"CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHAI AN
Patrick . White
Assistant County Attorney
V A.2004-AR-6793/RM/ld
Item # 1 t!-
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Page 2 of2
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Exhibit "A"
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Conditions of Approval
Gutierrez Variance V A-2004-AR-6793
I. The variance granted is limited to the after-the-fact front yard encroachment for the
house under construction, as depicted and more particularly described in the
applicant's site plan entitled, " Variance Petition Exhibit," dated 2004. This site
plan is included as Exhibit A;
2. If the residential dwelling structure is destroyed for any reason, to an extent equal to
or greater than 50 percent of the actual replacement cost of the structure at the time
of its destruction, all reconstruction of the structure and accessory structures must
conform to the provisions of the Land Development Code in effect at the time of
reconstruction.
Exhibit B