Resolution 2005-353
RESOLUTION 05 - ~3
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER V A-2005-AR-
7444, TO REDUCE THE SIDE YARD REQUIREMENTS
FOR THE A-MHO DISTRICT TO AUTHORIZE THE
REPLACEMENT OF AN EXISTING POOL FENCE
WITH A SCREEN ENCLOSURE, 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
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(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 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 to reduce the east sideyard from 30-feet to 21' 1"
feet to authorize replacement of an existing pool fence with a screen enclosure, as shown on
the attached plot plan, Exhibit "A," in an A-MHO Zoning district for the subject property, 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 LDC
Section 9.04.00; 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-7444, filed by McGarvey Custom Homes, representing Terry
and Charlotte Rhodes, with respect to the subject property hereinafter described as:
Township 48 South, Range 27 East Lot 64, Block E, TwinEaglesPhase I,
Plat Book 30, Page 78, , Collier County, Florida
be and the same hereby is approved for a 8'11" variance from the side yard requirement of 30-
feet to 21' 1" feet authorize replacement of an existing pool fence with a screen enclosure as
shown on the attached plot plan, Exhibit "A," in the A-MHO Zoning District subject to the
following conditions:
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1. The variance granted is limited to the accessory structures, depicted and more
particularly described on attached plot plan, Exhibit A.
2. If the principal 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.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2004-AR-7444 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
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Done this /! /_- day of {) i' t-f;> (/ I ,2005.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
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~~" .:i.. 'A_~..'., tIs FRED W. COYLE, CHAIRM
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~:'. Approve<:l as.'toForm
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Jennifer A. Belp~ '0
Assistant County Attorney
v A-2004-AR-7444/CY/dc
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