Resolution 2004-220A
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RESOLUTION NO. 04- 220A
A RESOLUTION OF THE BOARD OF ZONING
APPEALS RELATING TO PETITION NUMBER V A-
2001-AR-1706, FOR AN AFTER-THE-FACT
VARIANCE OF 14 FEET FROM THE REQUIRED 20
FEET TO 6 FEET FOR ACCESSORY STRUCTURES
AND AN AFTER-THE-FACT VARIANCE OF 4 FEET
FROM THE REQUIRED 25 FEET TO 21 FEET FOR
A PRINCIPAL STRUCTURE IN AN RSF-3 ZONING
DISTRICT FOR 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 and lawfully
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 14-foot after-the-fact
variance from the required 20 foot rear yard setback to 6 feet for accessory structures, and a 4-
foot after-the-fact variance from the required 25-foot rear yard setback for principal structures
to 21 feet, in an RSF-3 Zoning District for the property hereinafter described, and has found
as a matter of fact that satisfactory provisions and arrangements have not 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 has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY. FLORIDA, that:
Petition VA-2001-AR-1706 filed by Tim Hancock, AICP. of Talon Management, Inc..
representing Mark and Shirley Dowdy, with respect to the property hereinafter described as:
Lot 12, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat
Book 3, Page 89, ofthe Official Records of Collier County, Florida
be and the same hereby is DENIED for reasons set forth in the Record of the proceedings, for
a 14-foot after-the-fact variance from the required 20 foot rear yard setback to 6 feet for
accessory structures and a 4-foot after-the-fact variance from the required 25-foot rear yard
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setback for principal structures to 21 feet, as shown on the attached plot plan, Exhibit "A", of
the RSF-3 Zoning District wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number V A-2001-AR-
1706 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and super-majority vote.
Done this
22nd
day of June
,2004.
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DONNA FIALA, CHAIRMAN
Approved as to FOlm
and Legal Sufficiency:
))I1i~ ,cL on. Btu A j~
Matjon M. Student
Assistant County Attorney
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