Resolution 2002-006
RESOLUTION NO. 02-06
17C
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RELATING TO PETITION NUMBER
VA-2001-AR-1380, FOR A 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, 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 al.3- foot
variance from the required 10- foot yard setback to 8.7- feet as shown on the attached
plot plan, Exhibit "A", in a RSF-3 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;
NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals
of Collier County, Florida, that:
The Petition V-2001-AR-1380 filed by Treiser, Lieberfarb, Collins and Vernon,
representing Raymond R. Erickson, with respect to the property hereinafter described
as:
Lot 21, Block 17, Lely Golf Estates, S1. Andrews West, according to the
Plat thereof, recorded in Plat Book 10, Page 93, of the Public Records of
Collier County, Florida
be and the same hereby is approved for a 1.3-foot variance from the required 10- foot
yard setback to..1L1-feeras shown on the attached plot plan, Exhibit "A", of the RSF-3
Zoning District wherein said property is located, subject to the following conditions:
1. This variance is for the encroachment shown in Exhibit "An only. Any
other encroachment shall require a separate variance.
17C
2. 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.
BE IT RESOLVED that this Resolution relating to Petition Number
V A-200l-AR-1380 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
3#
day of r.o... Y ,2002.
> :Aj[:J;l.E~T:
,pwtGHt,~' BROCK, Clerk
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Approved as to"Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIERC~~A
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BY:
JAMes D. CARTER, Ph.D.,Chairman
01l(i~.tL rn, !ffj~
Marjo' M. Student
Assistant County Attorney
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BOUNDARY SURVEY 17C
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EXHIBIT "A"