Resolution 2006-079
RESOLUTION 06- 79
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2005-AR-8693, FOR A
V ARIANCE FROM THE REQUIRED 10-FOOT REAR
SETBACK FOR A SCREEN ENCLOSURE OF 3.0 FEET
ON 0.22 ACRES LOCATED IN THE CONNER'S
VANDERBILT BEACH ESTATES SUBDIVISION,
UNIT 1, BLOCK D, LOT 13, 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 three (3) foot variance from the required
la-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit
"A", in a Residential Single-Family (RSF-3) zoning district for the property located in the
Conner's Vanderbilt Beach Estates Subdivision, Unit 1, Block D, Lot 13, Collier County,
Florida, as recorded in Plat Book 3, Page 8 and 9, 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-2005-AR-8693 filed by Richard D. Yovanovich of Goodlette,
Coleman & Johnson, P.A., representing Eberhard M. Thiermann, with respect to the subject
property be and the same hereby is approved for a three (3) foot variance from the required
10-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit
"A", of the Residential Single-Family (RSF-3) Zoning District wherein said property is
located, subject to the following conditions:
Page I of2
1. The variance is limited to allow the existing screen enclosure that encroaches into
the required rear yard on the north side of the property, as depicted on the
applicant's boundary survey, Exhibit "A", to remain in place;
2. All proper after-the-fact permitting fees must be paid and permits must be
obtained, including obtaining certification that the structure meets or exceeds the
building code in effect in 2001 within 90 days of approval of the variance; and
3. No further encroachments shall be permitted.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2005-AR-8693 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~8 day of (V\o....re,h ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
~.~~.k
Attest 41 to CJa&1,...~puty Clerk
~1gnlt.... 0.1,
Ap Form
~d
BOARD OF ZONING APPEALS
COLLIER COUNTY ~IDA
~~~/
BY:
Frank Halas, Chairman
latzkow
unty Attorney
v A-2005-AR-8693/HW Isp
Page 2 of2
THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNE::==il
COPYRIGHT 2006' F.L.A. SURVEYS -;~~~. II
PAGE 1 OF 2
SEE REVERSE SIDE FOR PAGE 2 OF 2
I SURVEY SKETCH OF ASBUILT SURVEY
SPOT ON POOL ENCLOSURE
NOT FOR FENCE CONSTRUCTION
NOT FOR CONSTRUCTION
NOT FOR DESIGN
STREET ADDRESS
117 CHANNEL DRIVE
NAPLES, FLORIDA
WATERWAY-l00' ROW
FIR 5/8'
10' OFFSET
NO ID
FIR 5/8'
10' OFFSET
NO ID
!
W~E
W
t
SCALE I" = 30'
~
o ?IS 30 60
GRAPHIC SCALE
\
3~O'
~ ---
___ I RCJ'vI
\___ - DRIVE: 60
- CHANNE:L
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CENTERL~
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LEGAL DESCRIPTION
LOT 13, BLOCK D, CONNERS VANDERBIL T
BEACH ESTA TES, UNIT 1, ACCORDING TO
THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 3, PAGES 8 AND 9 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
Exhibit "A"
CERTIFIED TO :
EBERHARD M. THIERMANN
BY:
TOM CHRISMAN
DATE :
3-07-06
FLOOD ZONE: AE 14.3
COMMUNITY PANEL 120067- 01896
INDEX DATED: 11-17-05
(FLOOD ZONE: "B":C","D", & "X" ARE NOT
IN DESIGNATED FLOOD HAZARD ZONE AREA.)
(AS TAKEN f"ROM \JEBSITE - \J\J\J.COLLIERGOV
.NET /\JEBSITE/f"EMA_NE\J /)
QUALITY CONTROLLED:
CERTIFICATION :
I CERTIF..... THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS
THE MI~IMUM TECHNICAL. STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL
LANO SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE
CODf.:, PURS,NT TO SECTION 472.027, FLORIDA STATUTES.
BY :__ ~l~SaJ SURVEY DATE: 3-03-06
--'
LELAND F. DySARD, PLS *3859 CLINTON W. FINSTAD, PLS *2453 STEPHEN MACDONALD, PLS *4001
NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTD IF APPLICABLE, FENCES SHOWN NEANDER
NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL ON OR OFF LINES. (APPROX. LOCATION aNL Y>
SURVEY IS VALID FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS.
NOTD PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINA TION FROM LOCAL PERMITTING, PLANNING AND
BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION.
NClTE.
IN COMPLIANCE WITH F.A.C.
61G17-6.0031 (5) (E) (IF LOCAT[[)N Of"
EASEMENTS OR RIGHT-OF-\JAY Of" RECORD.
C1THER THAN THOSE ON RECORD PLAT. IS
REQUIRED, THIS INfORMATION MUST BE
FURNISHED TO THE SURVEYOR AND MAPPER.
F .L.A. SURVEYS CORP.
PROFESSIONAL LAND SURVEYORS & MAPPERS-L8 6569
~ BY, JP PARTY CHIEF: CN
6561 TAYLOR ROAD, SUITE 1
NAPLES, FLORIDA 34109
239-598-5936 FAX 598-5939
4061 BONITA BEACH RD, SUITE 207
BONITA SPRINGS, FLORIDA 34109
239-949-6911 FAX 949-1311
REVISIONS
PROJECT :NO: II
06-10425d