Resolution 2002-157
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RESOLUTION NO, 02- 15'1
RELATING TO PETITION NUMBER
V A-2001-AR-1584 FOR A 5-FOOT
V ARIANCE FROM THE REQUIRED REAR
YARD SETBACK OF 30 FEET TO 25 FEET
FOR FOXFIRE UNIT 3, BLOCK G, LOT 32,
AS RECORDED IN PLAT BOOK 13, PAGES
101 - 103, OF THE OFFICIAL RECORDS OF
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 5-foot variance
from the required 30-foot rear yard setback to 25- feet 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 hearlt~
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-1584 filed by Stan Whittemore, representing T.
Michael and Barbara J. Brott, with respect to the property hereinafter described as:
Foxfire Unit 3, Block G, Lot 32, as recorded in Plat Book 13, Pages 101 -
103, of the Official Records of Collier County, Florida
be and the same hereby is approved for a 5-foot variance from the required rear yard
setback of 30 feet to 25- feet as shown on the attached plot plan, Exhibit "A", of the
PUD Zoning District wherein said property is located, subject to the following
conditions:
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1. This variance is for the encroachment shown in Exhibit "A" 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-2001-AR-1584 be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and majority vote.
Done this 016 j:::t, day of '-11~ , 2002.
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. ~}b~!.9H'r~~_BROCK, Clerk
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Approved as to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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JAM . COLETTA, CHAIRMAN
-l11a"~4 ,i --rn.fJh.J..ud:..
Marjorie(1-'1. Student
Assistant County Attorney
V A-2001-AR-1584IRGllo
I""' - '':..!....!:! Telephone: \:l'tj) 597.7428
Pax: (941) S97-~03 1 7 C
LEGAL DESCRIPTION
Lot .3. z.. .ofBloclt G- ,oftbat certain aubcliYilioa known ~ Fa)( p:.11t, ~
u.... IT - ::s ,... recorded ill Plat book ,~ pap II:>I - 10.3, oftbe
Public: recorda 'Of c:.o '-.... c e ~ CountY, Florida ·
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