Resolution 2006-064
RESOLUTION 06-64
A RESOLUTION BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION 250-56, ET SEQ., OF THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, DENYING AND
OVERTURNING ADMINISTRATIVE VARIANCE AVA-
2005-AR-7821 GRANTED FOR PROPERTY LOCATED AT
316 FLAMINGO A VENUE AND DENYING THE MOTION
TO DISMISS APPEAL SUBMITTED ON BEHALF OF THE
PROPERTY OWNERS.
WHEREAS, previously the Collier County Department of Zoning and Land
Development Review granted administrative variance A V A-2005-AR-7821 for property located
at 316 Flamingo Avenue; and
WHEREAS, the Vanderbilt Beach Property Owners Association, the Vanderbilt Beach
and Bay Association, and the Vanderbilt Beach Zoning Committee appealed this administrative
variance pursuant to Section 250-58 of Code of Laws and Ordinances of Collier County
("Code"); and
WHEREAS, by letter dated, February 3, 2006, Benjamin Brown, Esq., of Bond,
Schoeneck & King, P.A., submitted a Motion to Dismiss Appeal, as untimely, on behalf of Mark
and Shirley Dowdy, owners of the property located at 316 Flamingo A venue; and
WHEREAS, in accordance with Section 250-56 of the Code, the Board of Zoning
Appeals of Collier County, Florida ("Board"), being the duly elected and lawfully 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 the appeal from the administrative
variance; and
WHEREAS; during this public hearing, the Board also considered the advisability of the
Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley Dowdy;
and
WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that
1. The above recitals are adopted herein by reference as if fully set forth herein.
2. This Resolution shall constitute evidence of compliance with the requirements of Section
250-56, et seq., of the Code.
3. Administrative variance A V A-2005-AR-7821 is denied and overturned for reasons set
forth in the record of the public hearing.
4. The Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley
Dowdy is denied.
5. The Collier County Code Enforcement Department shall not issue any citations resulting
from the reversal of administrative variance A V A-2005-AR-7821 for a period of one year
from the date of this Resolution.
6. This Resolution shall become effective immediately upon its approval.
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the administrative variance is denied and
overturned.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same
this 14th day of March, 2006.
ATTEST:
DWIGHT E. BROf;~~. Clerk
BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA
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Attllti. . to~lbia_ty Clerk
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Ap oved as to form anJ.
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FRANK HALAS, Chauma -
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