Resolution 2004-008
j..7A
RESOLUTION NO. 04 - ~
RELATING TO PETITION NUMBER V A-2003-AR-
4768, FOR AN 1.8 FOOT AFTER-THE-FACT
VARIANCE FROM THE REQUIRED 7.5 FEET TO
5.7 FEET FOR THE EXISTING SHED ON THE
NORTH SIDE OF THE PROPERTY AND A 7.3 FOOT
AFTER- THE-F ACT VARIANCE FROM THE SIDE
YARD SETBACK REQUIREMENT OF 7.5 FEET TO
0.2 FEET FOR THE EXISTING POOL AND SCREEN
ENCLOSURE ON THE SOUTH SIDE OF THE
PROPERTY IN THE "MH-ACSC/ST" MOBILE
HOME ZONING DISTRICT WITH AN AREA OF
CRITICAL STATE CONCERN/SPECIAL
TREA TMENT ZONING OVERLAY, 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) 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 1.8 -foot after-the-fact variance from the
LDC Section 2.2.10.4.3.2 required side yard setback on.5 feet to 5.7 feet for the existing
shed on the north side of the property and a 7.3 foot after-the-fact variance from the side yard
requirement of7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side
of the property, as shown on the attached plot plan, Exhibit "A", in an "MH-ACSC/ST"
Mobile Home Zoning District with an Area of Critical State Concern/Special Treatment
Zoning Overlay, for the property hereinafter described, and has found as a matter offact 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 oppoltunity 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-4768 filed by Woodward, Piers and Lombardo, P.A.,
representing Albert 1. and Eleanor P. Dowacter, with respect to the property hereinafter
described as:
V A-2003-AR-4768
lof2
Exhibit "A"
7A
be and the same hereby is approved for a 1.8 foot after-the-fact variance from the required
side yard setback of7.5 feet to 5.7 feet for the existing shed on the north side of the property
and a 7.3 foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2
feet for the existing pool and screen enclosure on the south side of the property as shown on
the attached plot plan, Exhibit "A", of the "MH-ACSC/ST" Mobile Home Zoning District
with an Area of Critical State Concern/Special Treatment Zoning Overlay, wherein said
property is located, 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 50 percent of the actual replacement cost of the structure at the
time of its destruction, all reconstruction of the accessory structures must
conform to the provisions of the Land Development Code in effect at the time of
reconstruction.
3. A visual barrier must be constructed inside the western side of the screen enclosure by
the applicant within three months from the approval of this variance request;
4. The applicant must apply for building permits for the shed, screen enclosure, and pool
within three months of the approval of this variance request.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2003-AR-4768 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Donothi, L3"1"'( day o~ '---7 c. 2004.
A TTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA
0(! " BY_~' j~
V A-2003-AR-4768~o
V A-2003-AR-4768
20f2
Exhibit "A"
7A
be and the same hereby is approved for a 1.8 foot after-the-fact variance from the required
side yard setback of 7.5 feet to 5.7 feet for the existing shed on the north side of the property
and a 7.3 foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2
feet for the existing pool and screen enclosure on the south side of the property as shown on
the attached plot plan, Exhibit "A", of the "MH-ACSC/ST" Mobile Home Zoning District
with an Area of Critical State Concern/Special Treatment Zoning Overlay, wherein said
property is located, 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 50 percent of the actual replacement cost of the structure at the
time of its destruction, all reconstruction of the accessory structures must
conform to the provisions of the Land Development Code in effect at the time of
reconstruction.
3. A visual barrier must be constructed inside the western side of the screen enclosure by
the applicant within three months from the approval of this variance request;
4. The applicant must apply for building permits for the shed, screen enclosure, and pool
within three months of the approval of this variance request.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2003-AR-4768 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Donoth" /3"1"'( daYO~,_, 7",2004
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA
0(!, BY~'~
to CbIf.....'i'
s ~latur OR Ij,' .
~'. Approved as to ,Form
~.L''''I Suffl"my.
P~h~
Assistant County Attorney
V A-2003-AR-4 768/10
V A-2003-AR-4768
20f2
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