Resolution 2004-327
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RESOLUTION 04-~
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2004-AR-6067, FOR A
VARIANCE IN THE LELY COUNTRY CLUB PUD
ZONING DISTRICT AS FOLLOWS: 1) AS-FOOT
VARIANCE FROM THE REQUIRED IS-FOOT, TWO
STORY SIDE YARD SETBACK, TO ALLOW A 10-
FOOT SIDE YARD SETBACK ADJACENT TO LOT 13;
2) A 6-FOOT S-INCH V ARIANCE FROM THE
REQUIRED IS-FOOT, TWO-STORY SIDE YARD
SETBACK TO ALLOW AN 8-FOOT 7-INCH SIDE
YARD SETBACK ADJACENT TO LOT 11; AND 3) A 1-
FOOT II-INCH VARIANCE FROM THE MAXIMUM
W ALL HEIGHT OF 6 FEET AS REQUIRED BY LDC
SECTION 2.6.11.2.2., TO ALLOW A GARDEN WALL
HEIGHT OF 7 FEET II INCHES ADJACENT TO LOT
13, 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
(LDC) (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 a variance as follows: 1) a S-foot variance
from the required IS-foot, two story side yard setback, to allow a 10-foot side yard setback
adjacent to Lot 13; 2) a 6-foot 5-inch variance from the required IS-toot, two-story side yard
setback to allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch
variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to
allow a garden wall height of 7 feet II inches adjacent to Lot 13, as shown on the attached
plot plan, Exhibit "A", in a "PUD" 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that:
The Petition V A-2004-AR-6067 filed by Robert K and Ruth P. Garee, with respect to
the property hereinafter described as:
Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township SO
South, Range 26 East, Collier County, Florida.
be and the same hereby is approved for a variance as follows: I) a 5-foot variance from the
required 15-foot, two story side yard setback, to allow a lO-foot side yard setback adjacent to
Lot 13; 2) a 6-foot S-inch variance from the required 15-foot, two-story side yard setback to
allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch variance
from the maximum wall height of 6 feet as required by LDC Section 2.6.1 ) .2.2., to allow a
garden wall height of 7 feet 11 inches adjacent to Lot) 3, as shown on the attached plot plan,
Exhibit "A," of the "PUD" Zoning District wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2004-AR-6067 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
ILd~
BY:
DONNA FIALA, CHAIRMAN
~~
V A-2004-AR-6067/KD/sp
Agenc.,
02.;:;
Assistant County Attorney
Item #
D.:.,
Attachments: Exhibit A: Plot Plan
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L FALMETO DUNee ClfitCLe
Garee Variance Plot Plan
V A-2004-AR-6067
Exhibit A