Resolution 2005-432
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RESOLUTION 05- 432
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER VA-2005-AR-8010, FOR AN
AFTER-THE-FACT VARIANCE FOR A 5.3-FOOT
ENCROACHMENT INTO THE REQUIRED 10-FOOT
REAR YARD (ACCESSORY) SETBACK, AS
APPLICABLE TO A SCREEN ENCLOSURE ON A
WATERFRONT LOT, LEAVING A 4.7-FOOT REAR
YARD 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, heing 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 an after-the-fact variance for a 5.3-foot
encroachment into the required IO-foot rear yard (accessory) setback, as applicable to a screen
enclosure on a waterfront lot, leaving a 4.7-foot rear yard as shown on the attached plot plan,
Exhibit "N', in an RSF.3 Zone 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-8010 filed by Clay C Brooker, Esquire, representing James
R And Margaret H Fornear with respect to the property hereinafter described as:
Unit 1 Replat, Lot 7, Block C, Cormers Vanderbilt Beach Estates, as
recorded in Plat Book 3, Pages 8 and 9, Collier County, Florida.
Be and the same hereby is approved for an after-the.fact variance for a 5.3-foot encroachment
into the required 10-foot rear yard (accessory) setback, as applicable to a screen enclosure on
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a waterfront lot, leaving a 4.7-foot rear yard as shown on the attached plot plan, Exhibit "A",
of the RSF-3 Zoning District wherein said property is located, subject to the following
conditions:
1. The variance granted is limited to the after-theAfact rear yard encroachment for the
existing house, as depicted and more particularly described in the applicant's site
plan entitled, "Variance Petition Exhibit," dated November 18,2003. This site plan
is included as Exhibit A;
2. The property owner shall obtain a building permit for the screen enclosure in the
location authorized by this Variance petition.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2005-AR-8010 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this 13th day of December, 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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BY:
FRED W. COYLE, CHAIRMAN
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MlI1jo M. Student-Sttrhng ,- - -- -. il
A~sistant County Attorney
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