Resolution 2005-416
RESOLUTION NO. 05- 416
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELA TING TO PETITION
NUMBER V A-2005-AR-8122, FOR FOUR AFTER- THE-F ACT
V ARIANCES AS FOLLOWS: AN .8-FOOT VARIANCE
FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.7 FEET;
A .3-FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT
SIDE YARD TO 7.2 FEET: A 2.5-FOOT VARIANCE FROM
THE REQUIRED 20 FOOT REAR YARD SETBACK TO 17.5
FEET AND A 1.8-FOOT VARIANCE FROM THE REQUIRED
20 FOOT REAR YARD SETBACK TO 18.2 FEET FOR THE
COMPLETION OF A PARTIALLY CONSTRUCTED
ADDITION TO AN EXISTING SINGLE-F AMIL Y
STRUCTURE AND AN EXISTING ENCROACHMENT OF
THE EXISTING NONCONFORMING SINGLE F AMIL Y
STRUCTURE TO THE SIDE (WEST) AND REAR YARD
SETBACK REQUIREMENTS 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 (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 for four after-the-fact variances as follows: an .8-foot variance
from the required 7.5 foot side yard to 6.7 feet; a .3-foot variance from the required 7.5 foot side yard
to 7.2 feet: a 2.5-foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8-foot
variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially
constructed addition to an existing single-family structure and an existing encroachment of the
existing nonconforming single family structure to the side (west) and rear yard setback requirements
as shown on the attached plot plan, Exhibit "A", in an RMF-6 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 LOC 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;
v A-2005-AR-8] 22/MJD/sp 10f2
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, that:
The Petition V A-2004-AR-8122 filed by Carl & Karen Koller, with respect to the property
hereinafter described as:
Lot 28, Block 29, Naples Park, Unit 3, as recorded in Plat Book 3, Page 5, as
recorded in the Official Public Records of Collier County, Florida.
be and the same hereby is approved for four after-the-fact variances as follows: an .8-foot variance
from the required 7.5 foot side yard to 6.7 feet; a .3-foot variance from the required 7.5 foot side yard
to 7.2 feet: a 2.5-foot variance from the required 20 foot rear yard setback to 17.5 feet and a 1.8-foot
variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially
constructed addition to an existing single-family structure and an existing encroachment of the
I
existing nonconforming single family structure to the side (west) and rear yard setback requirements
as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning District wherein said property
is located, subject to the following conditions:
1. The variance is limited to the dimensions of the existing single-family residential structure
and proposed addition as depicted in the applicant's site plan stamped "Received August 5,
2005," except as further restricted below. This site plan is included as Exhibit A.
I. 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 shall conform to the
applicable 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-2005-
AR-8122 be recorded in the minutes of this Board.
This Resolution adopted ~ft,r motion, second and majority vote.
Done this .l r - day of IV!) V ~rl?-d~(2005.
. I
. ..~' ,
A TrEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, ','.., '::'
"'. '. ,DC BY: '1uJ-W ~
TY CLERK. '. FRED W. COYLE, CHAIRM
Attest ,.' toCha1M1411 ,
,'t gnaturi .001 J
Approved as to form
and legal sufficiency:
"ll) ~ ~
.tL. - .
~ M. Student!Stirling
Assistant County Attorney
VA-2005-AR-8122/MJD/sp 2 of 2
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EXACTA;J~~
LAND SERVICES. INC. -.,;.'
BOUNDARY SURVEY SURVEY # 1592
PROPERTY ADDRESS: V A-2005-AR-IrU
610 N. 99TH AVENUE PROJECT NZOO5lUoo7J
NAPLES FL 34108 DA 1'1: II5JO$
MICHAEL DlRlINTZ
LEGAL DESCRIPTION:
Lot 28, Block 29. NAPLES PARK. UNIT NO.3 according to the plat
thereof. Q$ recorded In Plat Book 3, Page 5 01 the public rec:ord.s of
Collier County, Florida.
Community Number: 120067
Panel: 0189 Suffix: E CERTIFIED TO:
Index Date: 911411979 F.I.R.M. Date: 6/311986
Flood Zone: X CARL KOLLER; KARNE KOLLER; NAPLES TInE, INC.;
FIeld Work: 8/6/2003 Completed: 8/7/2003 OLD REPUBUC NAnONAL niLE INSURANCE
REVISED COMPANY; FIFTH THRID MORTGAGE COMPANY. ITS
2/4/2005 SUCCESSORS ANDIOR ASSIGNS.
SEE REVERSE
6 FIlIWL -f NORTH 99TH A VENUE
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