Resolution 2003-176
RESOLUTION NO. 03--1.16
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A RESOLUTION RELATING TO PETITION
NUMBER V A-2002-AR-3379, FOR AN
AFTER-THE-FACT VARIANCE 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, pursuant thereto the County, has adopted a Land Development Code
(Ordinance No. 91-102 as amended) establishing 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 constituted Board of the
area hereby affected, has held a duly noticed public hearing, and has considered the
advisability of a 1.8-foot variance from the required lO-foot rear yard setback to allow a
setback of 8.2 feet for the accessory use as shown on the attached plot plan, Exhibit "A," and
has found as a matter of fact that satisfactory provisions and arrangements have been made
concerning all applicable matters required by said regulations and by Section 2.7.5 of the Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given an 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-2002-AR-3379 filed by Aquatic Architechs, representing Kristopher
and lody Anderson, with respect to the property hereinafter described as:
Lot 39, Block B, Berkshire Lakes Unit I, Section 32, Township 49 South,
Range 26 EAst, Collier County, Florida,
be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback,
and public utility and drainage easement of ten feet (10') set forth in Section 2.6.2.1 of the Land
Development Code, Ordinance No. 91-102 as amended, to allow a set back of 8.2 feet to the
accessory structure as shown on the attached plot plan, Exhibit "A," subject to the conditions
set forth on attached Exhibit "B."
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-3379 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /3"'1... day of 7Y7ct-. ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER UNTY, FLORIDA
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;.~ Approved'lIs to'Form
':a,nd Le. g. al. SWf~
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Patrick G. White
Assistant County Attorney
V A-2002-AR-3379IMD
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NAPLES, rLORIDA
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LEGAL DESCRIPTION :
LOT 39, BLOCK B, BERKSHIRE LAKES, UNIT 1,
ACCORDING TO THE PLA T THEREOF AS RECORDED
IN PLAT BOOK 14, PAGES 118 THROUGH leO,
INCLUSIVl:, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
CERTIFIED TO :
KRISTOPHER N. ANDERSON AND ..){)DY H. ANDERSON,
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GRAPHIC SCALE
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FLOOD ZONE: 'X'
COMMUNITY PANEL 1<?0067-04151)
DATED : 06-03-86
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CERTIFICATION :
I CERTIFY TIlAT THIS :)URYEY WAS MADE UNDER MY DIRECTION AND Tl-lAT IT lAEETS' Nom
THE MINIMUM TECHNICAL ::T AtIDAROS SET FORTH BY THE BOARD OF PROFESSIONAL IN COMPLIANCE I.IITH I'.A.C,
LAND SUR',1EYORS "'~m MAPP!'RS IN CHAPTER 61GI7-6. flORIDA ADMINISTRATIVE 61G17-6,0031 (" ([) (II' lOCATION 01'
CODE, '_ S.'UANT TO SECTION 472.027, FLORIDA STATUTES. ,: ~~. EASEMENTS DR RIGHT-OF-I.IAY OF RECORD.
d --:1/ OTHER THAN THOSE ON RECORD PLAT, IS
~ . . CTI ~/tI) REClUIRED, THIS INFORHATlON MUST BE
~ FURNISHE:D TO THE: SURVEYOR AND HAPPE:R.
AND. . D. Pl.9' g- cu-.,-;,~-~S~;::~A~~T;~_~;;;; --;EFFRY H. IIIlL1GOSS, PI..S #4488
N MACDONAI.J>, #4001
NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES.
NOI VALID WITHOUT SURVEYOR'S SIGNATURE AND ElABOSSEO SEAL
SURVEY IS VALID I'OR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES '" ABBREVlA TIONS.
6561 TAYLOR ROAD. SUITE 1
NAPLES. FLORIDA 34109
941-598-5936 FAX 596-5939
127.30 NEW BRllTANY BLVD.
FT. MYERS, FLORIDA .3.3907
941-275-8660 FAX 275-.3367
F.L.A. SURVEYS
PROFESSIONAL LAND SURVEYORS
REVISlbNS
CORP,
&: MAPPERS-LB
-
6569
PROJECT NO:
01--1892
Exhibit "A"
7A
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CONDITIONS OF APPROVAL
V A-2002-AR-3379
a) This variance is for the encroachment shown in Exhibit "A" only. Any further
encroachments will require a separate variance request.
b) Pursuant to Section 2,2,25,8.1 of the Land Development Code, if. during the
course of site clearing, excavation or other construction activity an historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department shall be contacted,
c) In the case of the destruction of the encroaching structure, 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, any reconstruction shall conform to the
provisions of the Land Development Code in effect at the time of reconstruction,
EXHmIT "B"
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