Resolution 2002-122
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RESOLUTION NO. 02- 122
RELATING TO PETITION NUMBER
VA-2001-AR-1442 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, 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 2.3-foot after-
the- fact variance from the required rear yard setback of 10 feet to 7.7 feet as shown on
the attached plo~ plan, Exhibit "A", in a RMF-6 Zone for an accessory structure 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-2001-AR-I442 filed by Kirk N. Sanders, with respect to the
property hereinafter described as:
Lot 14, Sperlings Subdivision, Block B, as recorded in Plat Book 4, Page
12, of the Official Records of Collier County, Florida
be and the same hereby is approved for a 2.3-foot after-the-fact variance from the
required rear yard setback of 10 feet to 7.7 feet as shown on the attached plot plan,
Exhibit "An, of the RMF-6 Zoning District wherein said property is located, subject to
the following conditions:
1
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I. This variance is for the encroachment shown in Exhibit "An only. Any other
encroachment shall require a separate variance.
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-200 l-AR-1442 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
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.~.:' .... "0c?!le thIS ~,,#.- day of --7 ,2002.
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- ':.ATT~i: ~ ;
,~ . DWIGM:I-:E~ BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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BY ~~~
JAM N. COLETTA, CHAffiMAN
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Att..t . to CIaa fl"llU · S
Ifp~ .. .'1.
Approved as to Form
and Legal Sufficiency:
"fY1V'if"/' A L JJj {kz4ii'.-u-t..
Marjoi' M. Student
Assistant County Attorney
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VA-OI-AR-1442
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Exhibit "A"
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