Resolution 2005-315
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RESOLUTION NO. 05-315
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2004-AR-6449, FOR AN
AFTER- THE-FACT VARIANCE OF 4.98 FEET FROM
THE 20-FOOT REAR YARD SETBACK TO 15.02 FEET
FOR ACCESSORY STRUCTURES IN AN RSF-3 ZONING
DISTRICT FOR PROPERTY HEREINAFTER
DESCRffiED 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
(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 4.98-foot after-
the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory
structures, as shown on the attached plot plan, Exhibit "A", in an RSF-3 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:
Petition V A-2004-AR-6449 filed by Richard D. Y ovanovich of Goodlette,
Coleman & Johnson P.A., representing Ashely Doctors, with respect to the property
hereinafter described as:
Lot 25, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat
Book 3, Page 89, of the Official Records of Collier County, Florida
be and the same hereby is approved for a 4.98-foot after-the-fact variance from the
required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the
attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is
located, subject to the following condition:
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1. The variance granted is limited to the after-the-fact rear yard encroachment for the
existing house, 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.
3. The property owner shall maintain the height of the hedge immediately to the north
of the pool deck at a level equal to, or greater, than the height of the pool deck and
shall plant additional palm tr~es between the pool deck and the seawall.
BE IT RESOLVED that this Resolution relating to Petition Number V A-2004-AR-6449
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this 13th day of September, 2005.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Agenda C\ -13t)S
Date
Date ~l..' to -D5
Rec'd
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. ...'" ""., '. ._ - -'. . ,"l<o,.. :" ; i ,...:'y~1LLIAM Mc:ALEAR. ' .,:,
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. 'REGISTERED LANP SURVEYOR -
P.O. Box 9732 Naples, PL 34101-9732
TclepboDe: (941) 597-1428
Fax: (941) S97-Z803
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