Resolution 2003-350
RESOLUTION NO. 03- 350
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A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA FOR
PETITION NUMBER VA-2003-AR-4243 FOR AN 18.1
FOOT AFTER-THE-FACT SIDE YARD VARIANCE
FROM THE REQUIRED 30 FEET TO 11.9 FEET FOR
THE EXISTING ONE STORY SINGLE FAMILY
RESIDENCE AND AN 18 FOOT AFTER-THE-FACT
SIDE YARD VARIANCE TO 12 FEET FROM THE
REQUIRED 30 FEET FOR THE EXISTING 8 FOOT BY
8 FOOT FRONT UTILITY SHED 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
(Ordinance No. 91-102, 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 an 18.1 foot after-the-fact variance from the
LDC Section 2.2.3.4.3.2 required side yard setback of 30 feet to 11.9 feet for the existing one
story single family residence and an 18 foot after-the-fact side yard variance to 12 feet from the
required side yard setback 30 feet for the existing 8 foot by 8 foot front utility shed as shown
on the attached plot plan, Exhibit "A," in an "E" Estates 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 2.7.5 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-2003-AR-4243 filed by Melanie Beebe, representing Melanie Beebe,
with respect to the property hereinafter described as:
East 180' of Tract SO, Golden Gate Estates, Unit 23, as recorded in Plat
Book 7, Pages 9 through 10, of the Public Records of Collier County,
Florida
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be and the same hereby is approved for an 18.1 foot after-the-fact side yard variance from the
required side yard setback of 30 feet to 11.9 feet for the existing one story single family
residence, and for an 18 foot after-the-fact side yard variance to 12 feet from the required 30
feet for the existing 8 foot by 8 foot front utility shed, as shown on the attached plot plan,
Exhibit "A," of the "E" Estates Zoning District wherein said property is located, and subject to
the following conditions:
1. The variance is for the encroachments shown in Exhibit "A" only. Any other
encroachment shall require a separate variance; and
2. In the case of the destruction of the encroaching structures, for any reason, to an extent
equal to or greater than SO 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-2003-4243 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
ILl#.
day of
o (l4a f-ilr-
,2003.
ATT~f::l' O~~)I? :,;
D"";';lG~.T E. BROC~'J. CLERK
. .
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BOARD OF ZONING APPEALS
COLLlER~
BY:
TOM HE lNG, HAIRMAN
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Atte~t"l . to .thll\i~an ~ '
S 19Ratuf"l)f\1 f.
roved s Form
and eg
Patrick G. ite
Assistant County Attorney
V A-2003-AR-4243/MDllo
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