Resolution 2003-023
RESOLUTION NO. 03-~
178
RELATING TO PETITION NUMBER
V A-2002-AR-3l98, FOR A VARIANCE OF 17.9
FEET FROM THE REQUIRED FRONT YARD
SETBACK OF 75 FEET TO 57.1 FEET 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 l7.9-foot variance from the required front
yard setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", in an "E"
Estates Zoning District 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-200l-AR-3198 filed by Beau Keene, P .E. of Keene Engineering,
representing Henry Lara, with respect to the property hereinafter described as:
Tract 31, Golden Gate Estates, Unit 67 A, according to plat thereof recorded in Plat
Book 9, Page 47, of the Public Records of Collier County, Florida.
be and the same hereby is approved for a l7.9-foot variance from the required front yard
setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", of the "E"
Estates Zoning District wherein said property is located, subject to the following conditions
shown in Exhibit "B":
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-3198 be recorded in the minutes of this Board.
oq
~..
178
This Resolution adopted after motion, second and majority vote.
Done this
I~
day of I~ ,2003.
^l . : ~"',,-:~~:":'
" . .... ....
...."..,
ATTES'f: ", -:'.',
, ~DWIGHt-Jt aRDCK, CLERK
", ',,' UJ .;;',
,~.~/~~~,. ~xf1tl
; fJ:"" -',
Atte~i as to Ch&1~'.
signaturt OfllJe
Approved as to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~
,CHA AN
BY:
/OlfJ &#/ ~ 1--/ t) .f}o-~
MllIj eM. Student
Assistant County Attorney
V A-2002-AR-3198/DSllo
2
'a~ i13M '10 NO >I::Mi13S
.O'~.t. 11ru 3OW>>ld
01 03Sl.\3ij ~O-.r\ON.,.t ~
~
~
I
a..
~ IS
i ~
Z I
o I
- I
I- C I
ffi' I
a.l c( I
o Oleo
; 0:111)
I' ..J leo
-1...11
! ~ia:
a: ::=-Ie.)
i5l I
I I ..J I
-,
.. 0,
~ I
I
I
I
I
I
I
I
I
<
(1)2
a::=>
Wi
; ~ I~~
::)~~~
m~ .~
ffiiN
o~
~~
It]
?c:
if
IS
1.&.1 !i:
~ ~
I
I
I
,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I I"l
I ~~
I &:~
I ~
I
l
I
I
I
I
,
I
~ ~ ~ ~
~i~
I I
I I
I I
I 1
I' 1
I I
I I
I I
I I
I ·
/W
I ·
IZ
Iw
'::)
Iz
w
.. . >
Ie(
Ie
Ia:
ICW)
1(")
II J
I I
I I I
I I
I I
, I
1 I
I , I
r II
I I
Z
~
ONY' J.NY~Y ^ ~
.3.
r 1
I. I ~
I~ I z
l~ I >- w
I o=w::::l
" ~~~~
I ~ ~<
, I ~~(i)'E
I I a..~~::i
(J)
It)
...
~
m;.t.
I
I
I I
I
1 I
1!ll !
~ I ,.
~ I~
I I ~
j ,
L_J
.Y6'~.t.~
3.0~.6~.ooN
ONY' J.NY~Y ^
.3.
IS
!i:. C
i 1&1 0 ..-.
Zo CD
1!!8wt::
I ZCD~ ~
I W"" a:
I ~gi g
IQlIllt.
a: 1--
I (If):II=;::; .,..
(If)ON(If)
U):Jen....
"0 U
OLL C
.. a:
I-
:c
~
m
:E
><
w
i
c
...
[ui
c
u
c
>
178
......
CONDITIONS OF APPROVAL
V A-02-AR-3198
a) The variance granted is limited to the proposed front and rear yard
encroachments along 33rd Avenue NE as depicted and more particularly
described in the applicant's site plan included as Exhibit A; and
b) Any residential dwelling structure erected on this lot must maintain a front
yard setback on 33rd Avenue NE of no less than 30 feet. as measured from
the northerly edge of the right-of-way of 33rd Avenue NE; and
c) If a residential dwelling structure is constructed and then destroyed 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 structure must conform to the provisions of the Land
Development Code in effect at the time of reconstruction; and
d) The entire 75-foot front setback along Oil Well Road must be maintained;
and
e) The front yard for any structure on this lot must utilize 33rd Avenue NE as
the frontage, i.e. homes cannot be constructed using Oil Well Road for
access; all access must be from 33rd Avenue NE.
EXHIBIT liB"