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Resolution 2002-123 17C RESOLUTION NO. 02- 123 RELATING TO PETITION NUMBER VA-200l-AR-1526 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 a 6.5-foot variance from the required front yard setback of 30 feet to 23.5 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 A-200l-AR-1526 filed by Kraft Construction Company, representing Diocese of Venice Catholic Church, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6.5-foot variance from the required front yard setback of 30 feet to 23.5 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following condition: 1. This variance is only for an unenclosed and unroofed stairway, as shown in Exhibit "A". All other additions and new constructions must comply with the requirements of the Collier County Land Development Code. <111 I 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 recorded in the minutes of this Board. BE IT RESOLVED that this Resolution relating to Petition Number V A-200l-l526 This Resolution adopted after motion, second and majority vote. Done this e2t.. ;<:;L day Of~ ,2002. ~~' ~ . t - :} ~ .I,'''' U,' . ,.,' ..~ ...:.~~. ~:' " .AmS'C' , .' fDWGHl' E.:BROCK, Clerk .:..JJ.r..... I'" ". .!ii;'~~.':i,~~......jtCR.(t AtteR It to Chi 1 rIIIR '. .t~d~ltt-porm and Legal Sufficiency: ~~1-~':IJ1' {k{~t'1,k MarJon M. Student Assistant County Attorney BOARD OF ZONING APPEALS ::LUE:i7~ JAM . COLETTA, CHAIRMAN 1_ ~ep 18 01 10: 32a -, I Spectrum Encineerinc 941 277 1786 p.6 It 17C. .,J IIant& ........,. ean..t. A I' f i I 'i~1 ,,' I~. J I I I STAIRS ..... ii ~ " I , :r..... -- --- . Exhibit "A" !II ST. ELIZABETH SETON CHURCH ~!I CON:)lT1ONAI. USE PI..AN 'I !!!!.-.-.ii~ . PETITION Ctl-9S-1 0....... 17C LEGAL DESCRIPTION: (O.R. 1112. PG. 1617) All OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PlAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134,. INCLUSIVE OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA. ;,' . , THAT PORTION OF S3rt1 STREET S.W. BElVVEEN BLOCKS 204 AND 205. AS well AS CERTAIN EASEMENTS BETWEEN INDMDUAl LOTS WITHIN BLOCKS -204 AND - 205, WERE VACATED BY COWER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLJC RECORDS OF COLUER COUNTY, FLORIDA . - Exhibit "B" VA-OI-AR-1526 I