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Backup Documents 06/23/2009 Item # 7B 178 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ~ ****************************************************** * ************~**;;~~*~************ Originating Deptl Div: CDES.lZonin2 Person: Nan~y Gundlach, I P Date: + ~'V- J Petition No. (If none, give brief description): V A-2009-AR-14139, Wafapoor Boat Dock Petitioner: (Name & Address): Joshua Maxwell, Turrell, Hall & Associates, Inc., 3584 Exchange Ave., Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hussein Wafapoor, 140 Conners Ave., Naples. FL 34108 Hearing before BCC BZA Other Requested Hearing date: Mav 26, 2009 Based on advertisement appearing ]5 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA-2009-AR-14139, Hussein Wafapoor represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a variance from Section 5.03.06 E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 4.5 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line). The subject property is located at ]40 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 $rYlr 4-/7-e jar Date f List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ***************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: .~ \. J.I'\ Date Received: 'i i'2.-~f D1 Date of Public hearing: 51 f'}~q Date Advertised: ~ q ! I ~ {p}q [bq 6/2q' {ff 118 RESOLUTION- 09-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2009-AR-14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RJPARIAN) SETBACK FROM 7.5 FEET TO 4.5 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST 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. 2004-41, 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 Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.6 ofthe Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 4.5 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District 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 9.04.00 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: Rev. 4/17/09 1 of2 178 Petition Number VA-2009-AR-14139 filed by Joshua Maxwell of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 22, Block R, Unit No.3, Conner's Vanderbilt Beach Estates, according to the plat thereof recorded in Plat Book 3, Page 89, as described in Plat Book 4299, Page 0234, Public Records of Collier County, Florida Folio No. 27630880000 be and the same hereby is approved for a variance to pennit a reduced side yard setback from 7.5 feet to 4.5 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURmER RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of , 2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney ff'J If' ,.,.0 .. Rev. 4/17/09 20f2 ~ () o Cl Cl w en o a.. o a:: a.. ...I ""' ...10 ~ci ;;;. II ~~ w~ ~O ::~ 1il~ <(+ ~ II ...I~ ~J: c/l~ ~~ J: :E ~~ rJ:1 U II Z> OW uLd w~ 0...1 - ...I ~~ :;}Ul) en Il'l r--: ~;;M/' 7 B .....\..t. l 'I' r'~1 F1;1 Acct. #068779 April 27, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V A-2009-AR-14139: Wafapoor Boat Dock Dear Legals: Please advertise the above referenced notice on Sunday, May 10, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 118 L ~~ . ~'~"~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, May 26, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2009-AR- 14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 4.5 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA petition: VA-2009-AR-14139, Hussein Wafapoor represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a variance from Section 5.03.06.E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 4.5 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line). The subject property is located at 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 781" If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk ( SEAL) April 27, 2009 'etllinfypf-e'Qllier l,," '. \ CLERK OF THE CIRCtJIT COURT COLLIER COUNTY ,COUR1\HOUSE 3301 TAMIAMI ~IL EAsT P.O. BOX 4\3044 \. NAPLES, FLORIDA:341 0 1-3(,44 '~i ~l\l::' "78 ~; Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Turrell, Hall & Associates, Inc. Joshua Maxwell 3584 Exchange Ave. Naples, FL 34104 RE: V A-2009-AR-14139: Wafapoor Boat Dock Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, May 26, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~ Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts ;-_.,-'_._) "e'()\ln!Y'~.9f'Cqllier t_", , CLERK OF THE ClRCtJIT COURT COLLIER COUNTYCOUR1HOUSE 3301 TAMIAMI l1;tAIL EAST P.O. BOX 413044 NAPLES, FLORIDA\~41 01-3()44 .;~~. ' 17.1 ~~, ~ Clerk of Courts Accountant Auditor Custodian of County Funds April 27, 2009 Hussein Wafapoor 140 Conners Ave. Naples, FL 34108 RE: V A-2009-AR-14139: Wafapoor Boat Dock Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, May 26, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 10,2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ;~~~ Martha Vergara, () Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Page 1 of 1 Martha S. Vergara 78 III From: Martha S. Vergara Sent: Tuesday, April 28, 2009 4:55 PM To: 'Iegals@naplesnews.com' Subject: VA-2009-AR-14139 - Wafapoor Boat Dock Attachments: VA-2009-AR-14139.doc; VA-2009-AR-14139.doc Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -7240 239-252-8408 fax (mgJtb;:l.V~-9Q[g@~QJti~[~I~[~.,~Qm) 4/28/2009 Martha S. Vergara 178 t, " , - From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, April 28, 2009 4:55 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT440539.txt; VA-2009-AR-14139 - Wafapoor Boat Dock ~1 ~ r:::-~;;l C::.J ATT440539.txt VA-2009-AR-14139 (231 B) - Wafapoor Bo... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com Page 1 of 1 ~~7 B ~11"1 Martha S. Vergara From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Wednesday, April 29, 2009 8:23 AM To: Martha S. Vergara Subject: RE: VA-2009-AR-14139 - Wafapoor Boat Dock ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Tuesday, April 28, 2009 4:55 PM Posted To: Legals - NON Conversation: VA-2009-AR-14139 - Wafapoor Boat Dock Subject: VA-2009-AR-14139 - Wafapoor Boat Dock Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -7240 239-252-8408 fax (martha-,-y~gara@collierclerk.com ) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/2912009 1118 ; Patricia L. Morgan From: Sent: To: CasertaAshley [AshleyCaserta@colliergov.net] Monday, May 04,20098:14 AM GundlachNancy; Bellows, Ray; Brock, Mary; Filson, Sue; IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Phillips, Sharon; Puig, Judy; RamirezHeather RE: Wafapoor Boat Dock Extension AR-14138 and Wafapoor Boat Dock Variance AR-14139 BCC hearing date continuance Subject: Note that the petition BD AR-14138 does not go to the BCC, but is contingent upon the Variance approval. Regards, Ashley Caserta, Senior Planner Department of Zoning and Land Development Review From: GundlachNancy Sent: Friday, May 01, 2009 5:14 PM To: bellows_r; brock_m; filson_s; IstenesSusan; KlatzkowJeff; LeaSandra; Minutes & Records; phillips_s; pui9.J; RamirezHeather Cc: CasertaAshley Subject: Wafapoor Boat Dock Extension AR-14138 and Wafapoor Boat Dock Variance AR-14139 BCC hearing date continuance Importance: High Good morning Heather, Please continue the above petitions from the May 26,2009 BCC hearing date to the June 9, 2009 BCC hearing date. An error was found in the Title that is now being corrected. Regards, Nancy Nancy Gundlach, AICP Collier County Principal Planner Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 239-252-2484 fax: 239-643-6968 nancVClund/ach@collieraov.net Ann P. Jennejohn ~ 78 II From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Wednesday, May 06,20098:32 AM Ann P. Jennejohn Ad Confirmation Attachments: UAS60.jpg UAS60.jpg (89 KB) D KILLED, NO CHARGE! Thank you for placing your ad. Date 05/06/09 Publication NDN Account Number 744102 Ad Number 1796071 Total Ad Cost $0.00 1 .~.~'_._-----~---'--,-------"'---~ Ann P. Jenne~ohn fI'11 ~;'~! i From: Sent: To: Cc: Subject: Ann P. Jennejohn Wednesday, May 06, 2009 8:50 AM 'HeatherRam irez@colliergov.net' 'nancygundlach@colliergov.net' FW: Ad Confirmation Attachments: UAS60.jpg Good Morning, Confirming the VA-2009-AR-14139 legal ad that was scheduled to run this Sunday, May 10, 2009 has been "killed" by NDN. Enjoy your day @ Ann u---Original Message-uu From: Pagan, Emely [mailto:EPagan@Naplesnews.com] Sent: Wednesday, May 06,20098:32 AM To: Ann P. Jennejohn Subject: Ad Confirmation AD KILLED, NO CHARGEI Thank you for placing your ad. Date 05/06/09 Publication NDN Account Number 744102 Ad Number 1796071 UAS60.jpg (89 KB) Total Ad Cost $0.00 1 FW: Ad Confirmation Page 1 of2 1~111 ~.t Ann P. Jennejohn V'''_'^'~~'~'~''___AY~_~~~'_''~m^,~~,~~,,',~_,._~_,..._v__'M~~'~V,'~^,~"'_"'~__.~"m._,'_''^~'''''_V'_~'^"'~.~,~._.~'_~'._.vm"~_"_~"_"~'m'~ W~",_.,.'~"m~"",_,~'_w~_'_w.~m'^V^_'N~__'_~~w~'~~,_~_=~, From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Thursday, May 07,20096:53 AM To: Ann P. Jennejohn Subject: RE: Ad Confirmation Thanks! HeatherL. Ramirez Planning Technician (239)252-2930 From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Sent: Wednesday, May 06, 20098:50 AM To: RamirezHeather Cc: GundlachNancy Subject: FW: Ad Confirmation Good Morning, Confirming the VA-2009-AR-14139 legal ad that was scheduled to run this Sunday, May 10, 2009 has been "killed" by NDN. Enjoy your day @ Ann -----Original Message----- From: Pagan, Emely [mailto:EPC1gCll1@NC1ple~t'lews.<::om] Sent: Wednesday, May 06,20098:32 AM To: Ann P. Jennejohn Subject: Ad Confirmation AD KILLED, NO CHARGE! Thank you for placing your ad. Date 05/06/09 Publication NDN 5/7/2009 FW: Ad Confirmation Page 2 of2 Account Number 744102 , J7B ".il ( ~l Ad Number 1796071 Total Ad Cost $0.00 <<UAS60.jpg>> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 517/2009 '7,111. COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~ Normal Legal Advertisement Other: (Display Adv., location, etc.) ~ *********************.***********.******* · ~*****~***********.********:**l!~*~.************** Originating Deptl Div: CDES./Zonine: Person: N y dlach, AICP Date: rs' \U V J Petition No. (If none. give brid description): V A-2009- 4139. Wafapoor Boat Dock Petitioner: (Name & Address): Joshua Maxwell, Turrell, Hall & Associates, Inc., 3584 Exchange Ave.. Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hussein Wafapoor, 140 Conners Ave., Naples, FL 34108 Hearing before BCC BZA Other Requested Hearing date: June 23, 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: V A-2009-AR-14139. Hussein Wafapoor represented by Joshua Maxwell of Turrell. Hall and Associates. Inc., is requesting a variance from Section 5.03.06 E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 3.0 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line). The subject property is located at 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 R"~ 'Y\-\- \5~ "",s-A,!CC} Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCe or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************.*****.*.***********.....*.***.*****.************************.*******w*************** FOR CLERK'S OFFICE USE ONL Y: I -,...., L "'" Reo".,d, ';2\ 2.:1/ ill Da" of Milo h",'og, ~ 2~ DO, Dot, Ad.,rti"d, ~o'l "",'llt:1 RESOLUTION- 09-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2009-AR-14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIP A.RJA1\il SETBACK FROM 7.5 FEET TO 3.0 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST 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. 2004-41, 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 Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.6 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District 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 9.04.00 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, FLORlDA that: Rev. 5/4/09 lof2 f:;11111 Petition Number V A-2009-AR-14139 filed by Joshua Maxwell of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 22, Block R, Unit No.3, Conner's Vanderbilt Beach Estates, according to the plat thereof recorded in Plat Book 3, Page 89, as described in Plat Book 4299, Page 0234, Public Records of Collier County, Florida Folio No. 27630880000 be and the same hereby is approved for a variance to permit a reduced side yard setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney if:r~ '" Rev. 5/4/09 20[2 .~ f 'j b t w to N , W w t? z ~ ~ .. <r w t- ~ rh ... III III ~ 'It ~ Q. '" i: e '" .. rh ~ Z N ~ ~ 0 f- ... 01 8 N 2 0 ci i= z () '" w ~ rh ~ 0 0 0 ~ ~ 0 ~ 0 0 I- 0 0 [Xi w :::c 0 en >< 0 W ll.. a. 0 cr: ( D... LL ~ -bI)NN .s,g~~ ai'1~~ .B o;'!; s:;- .$! U Ei a 03 . ~ OcJ'!... v.l..,~ < ~ z ~ ':g c1d. ii- = c's:'J: C'I:S ~ "":b ::c~~s:;- ~... Q) ~ a - ij j" ~~ ~~ E--< "'" ;;b ~~ ~ ] J ] w u z <( ex: ~ -J e-- -JO ~a > 11 LL$: O...J w:::!: Uo If:z .....<( :;)(0 co.,..; <( + $: II -J$: :2J: o<l:2 $:- J: :2 we-- t-O w.,: a::: + U II, z[j o-J Ow w~ O-J - -J ~~ "'!<( NW (/) >- a::: <( o z :;) o co ~ w a.. o a::: D.. ~:\O!17 Wap.fDOr ~r'9'\set_10.dwg -,.'"..,....._,.~~"_.~."~..._._--"'-'",.,--,._--_......_-_.,.".---,.__.___- I. J. .I><b.~'__""__________,..+_w.._",__.__"",_"",._,,"",-_ '7.8 III Martha S. Vergara From: Sent: To: Subject: Attachments: Ram irezHeather [Heather Ram irez@colliergov.net] Wednesday, May 27, 2009 11 :05 AM Minutes and Records June 23rd Advertising image001.gif; VA-2009-AR-14139 Legal Ad.pdf; VA-2009-AR-14139 Resolution.pdf I have four petitions to email to you for the June 23rd advertising. Here is the first one... V A-2009-AR-14139, Wafapoor Boat Dock VA Heather L. Ramirez 1 7:811 Acct. #068779 May 27,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V A-2009-AR-14139: Wafapoor Boat Dock Dear Legals: Please advertise the above referenced notice on Sunday, June 7, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.o. #4500096189 _..._-_..........~ - ........... '"",-"""""'",,",,-~--,---~,~'-,,-".,,~~",,.">~~-.,..,-~..._~~,.._....--....--. 1781' NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 23, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2009-AR- 14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 3.0 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. Petition: VA-2009-AR-14139, Hussein Wafapoor represented by Joshua Maxwell of Turrell, Hall and Associates, Inc., is requesting a variance from Section 5.03.06.E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 3.0 feet (along the northwest riparian line) and to 0 feet (along the southwest riparian line). The subject property is located at 140 Conners Avenue, Section 28, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 78"11 If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk ( SEAL) Dwight E. Brock Clerk of Courts ,,-~"._-,,--- .', .,~ ';eOwf1;!y.6f'C'ollier CLERK OF THE CIRClJIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI tJMIL EAST P.O. BOX 413044 . NAPLES, FLORIDA~4101-3Q44 1r!,~;:r'1 '8 h'!l t-q , i:~: ';. ~ :J~j :v' Clerk of Courts Accountant Auditor Custodian of County Funds May 27, 2009 Hussein Wafapoor 140 Conners Ave. Naples, FL 34108 RE: V A-2009-AR-14139: Wafapoor Boat Dock Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, June 23,2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com May 27,2009 <5'e~~~ty~ofCQ llier ~..,....~ '.. " CLERK OF THE CIRCtJIT COURT COLLIER COUNTY r:OURTJ-IOUSE 3301 TAMIAMI THAlL EAST P.O. BOX 413044 NAPLES, FLORIDA>~4101-3044 ,:i~i , j ',41!;':' !' 11,;B Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds ::~ p.~ Turrell, Hall & Associates, Inc. Joshua Maxwell 3584 Exchange Ave. Naples, FL 34104 RE: V A-2009-AR-14139: Wafapoor Boat Dock Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners as the Board of Zoning Appeals on Tuesday, June 23, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 7, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com '18 III Martha S. Vergara From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Thursday, May 28, 2009 11 :21 AM Martha S. Vergara Delivery Status Notification (Relay) ATT399206.txt; VA-2009-AR-14139, Wafapoor Boat Dock This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals~naDlesnews.com 1 Martha S. Vergara i: :171 __ From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, May 28, 2009 11 :39 AM Martha S. Vergara RE: VA-2009-AR-14139, Wafapoor Boat Dock ok From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Thursday, May 28, 2009 11 :21 AM Posted To: Legals - NON Conversation: VA-2009-AR-14139, Wafapoor Boat Dock Subject: VA-2009-AR-14139, Wafapoor Boat Dock Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. vergara(rocollierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 \j A- 2tO~ - A~ - \ Lt13~7 B W~{ffll( R:m~ tx>~ NOTtCI OF PUIlJC ... tilIen that ........ of CouftW the Board of ZO!*la AP~I$,Of ~Id a public .!'fHrlng an Tuft. clay ~.~;tln the.reI Floor, ~cI' mlnlst,... tlOn . Collier c. . . . GOv.r"'!lllnt Center. >>01 miami Tr ~~..I\Ii.o.1 le..Florl<l-. TNt ITiMtIng at 9:00 .. "" 1'tie tltIe of the proposed resolution s as followr. A RPOLUTI' BOARD . G APPrIbi. .' ()f COt.UIR FLORIDA .... TO. TlON III AR-I.UD. A VARIAN . FROM. OPMENT E SECnON W.OL . A REDU i YARD (lIp.. 1Aft). 7.5 FEET . FEET ON .. AND 0 FEET ONEA .. D 51 . PRO LOCATED AT 140 IRS A IN SECTION 28, TOWNSHIP 48 .. . RAN EAST IN COLLIER COUNTY, FLORIDA. PatItlon: V A.2OOt....t4Ull, !)y... .. II aT ..;.Ino., a vtri ... ,... to. of7 fIw to northwest dD to.. the southwest rI ). ubJe(:t Pl:~ 5 lo- cated at 140 Conners Avenue. SeCtIon 2S; Township 48 SOuth, Rang&25 Eist,Colller county, Florida. NOTE: All Persons wishing to speak on any agenda item must .reolster with the County Administrator prior to presentation of the agenc!a Item to be ad- dressed. Individual speakers will be limited to 5 . minutes on any Item. The selection of an ~ual to speak on behalf of an organlzatlan ar lJI'!.lUp. IJ e.ncouraaed. If recogl;ll.zed. by the AAal... r,.a SI,1OICe. S' PtI'S9n fOr a group Oflo...D1Za. tlon l't1IIly. beailotted 10 minutes to speak 0" lilt 1ttIm. ,... . , ..... PersOI1$ wlshilJll to have written or graphk: materi- ..is' Included in the Board agenda packets must IUbmlt said material a minimum of 3 weeks prior to __ _pectlve P!lbllc hearing. In any case. WrItten mattl'lals Intended to be considered by the Board snail be submitted to the approDriate COU~ staff II minimum of seven days prior to the publIC hear. !fig. All material used In presentations btItore the Iciitrd will become a permanent part 01 the record, 'Af)y person who. decides to appeal a deciSion of tM Boai'd will need a record of the proceedings p,rtlIlnlng thereto and therefore, may need to en. ~... that a verbatim record of the pi'Oceedlngs is made, whleh record Includes the. testimony and "'~. upon which the appeal Is based. 1.1 )Iou are a person with' disability who ,,"ds any accommodation In order to partlclpate in this pro-' cged11lQ, you are entitled. at no cost. to you, to the PtOYlslOn lof certain assistance. Please Contact the Collier County Facilities Management DeIllU'tment. focated at 3301 Tamlaml Trail East. Building W, Naples, Florida 34112. (239)252-8380'[ Assisted lis. tllill\A dev_ for the hearing impa red are avail- ablelil the ~ Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA DONNA FIALA, CHAlaMAN 0WtCIiH1' t 1lROCK. CLERK ~MIII1tIlI y~ Deputy Clerk ~",. Naples Daily News Naples, FL 34102 '~78 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59578345 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail ---matn~rHarcnepdst offlce in Naple-s~h -s~- Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/07 06/07 AD SPACE: FILED ON: 158 LINE 06/08/09 --------i~---------------+------------------------ t~h r t1 (2p Signature of Affiant Personally known by me /1 ~,. I -. I . .LL l..u. ..-C- day of Sworn to and Subscribed before me this NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of ZoninQ Appeals, of Collier County will hold a public hearmg on Tues- day, June 23, 2~ In the Boardroom, 3rd Floor, Ad. ministration Builihng, Collier County Government Center, 3301 East Tamlaml Trail. Naples, Florida. Toe meeting will begin at 9:00 A.M. The title of the proposed resolution 15 as follows, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA. RELATING TO PETI- TION NUMBER VA.2009-AR-14139. FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E,6 TO PERMIT A REDUCED SIDE YARD (RIP. ARIAN) SETBACK FROM 7.5 FEET TO 3.0 FEET ON ONE SIDE AND 7.5 FEET TO 0 fEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. Petition: VA-2009.AR-14139, Hussein wafapoor rep. resented by Joshua Maxwell of Turrell, Hall and AS. soclates. Inc" 15 requesting a variance from Section 5.03.06.E.6. to reduce a required side yard setback of 7.5 feet for a dock facility to 3.0 feet (along the northwest riparian line) and to 0 feet (alonQ the southwest rlparlan'lIne). The subject property 15 lo- cated at 140 Conners Avenue, Section 28, Township 48 South, Range 2S East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentatiQn of the agenda item to be ad. dressed. Individual speakers will be limited to 5 minutes on any Item, The selection of an Individual ~~~u~~k e~~ ~i~~l~o~~i~~d o~~ar~~ag~~Ir~r a g~~~~e~~ person Por a group or organization may be allotted 10 minutes to speak on an item. persons wiShing to have written or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any CllSe, written --- materials Intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the publiC hear- Ing. All material used In presentations before the Board will become a permanent part of the record. thn: d'oe~~gnwrir~e~~c~~~igr3P.ftef~ea p~~~~~~rng~ pertaining thereto and therefore. may need to en. sure that a verbatim record of the proceedings 15 made. which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation In order to participate in this pro- ceeding, you are entitled. at no cost to you. to the provision of certain assistance. Please contact the fooJ~~~d C~~njMai~~r:mr~~~f,er:~~ g~~~1ri"e~: Naples, Florida 34112, (239)252-8380'1 Assiste:f lis. tenlng devices for the hearing impa red are avail- able In the County Commissioners' office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK rliA~)rtha Vergara. Deputy Clerk Jun,:.7 No1Rnl'fi~ \ 1 " \ .<./ l\.Ji 7 "'-, 20~ . I' ... 1.1'. ........... :...........SUSN.rO. FLORA i : ~\"UU",1.r eomm# 000847863 : . '~-.i:aI/lg.'<;' . i l~ ll>~J ExplrtlQ 112/2013 ! : ~.. . t'klt1tl" ~.clry ^"*",' me : : ~lIU\' .... ..."',..I.u.IlIl..U'''.iiid....II...i4~. Naples Daily News Naples, FL 34102 178 ~ Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59578345 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/07 06/07 AD SPACE: FILED ON: 158 LINE 06/08/09 Signature of Affiant No1AI'n1AA Sworn to and Subscribed before me this Personally known by me ~~ day of L~ .P 20D7 :-............. 1......1.1.................... I' : SUSAN O. FLORA : E 0)-' Comm# 000847863 E : ~~ :Ii : :: i~... 7..i~ Expires 1/212013 :: : ?;J!'#CF'P..r.r:~~ : : "'f1mm\\\'I; Florida Notary Assn., Inc : "............1 ...... 11.1 Ill" ..... ........ I' .... 7B~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing Jines #1 throullh #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinl! order) 1. Judy Puig Community Development and ~ (;)~~ V~ O~ Environmental Services 2. V'\J 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Nancy Gundl~h \. Contact Agenda Date Item was June 23, 2009 A roved b the BCC Type of Document Attached Resolution Number of Original Documents Attached 239-252-2484 7. B. Yes (Initial) N/A (Not A licable) Phone Number Agenda Item Number 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on June 23. 2009 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. "'8' 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2,2405 2. 3. 4. 5. 6. 78' ~. RESOLUTION- 09-1 69 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER V A-2009-AR-14139, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.6 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 3.0 FEET ON ONE SIDE AND 7.5 FEET TO 0 FEET ON A SECOND SIDE ON THE PROPERTY LOCATED AT 140 CONNERS AVENUE IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST 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. 2004-41, 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 Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.6 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District 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 9.04.00 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: Rev. 5/4/09 lof2 78" Petition Number V A-2009-AR-14139 filed by Joshua Maxwell of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 22, Block R, Unit No.3, Conner's Vanderbilt Beach Estates, according to the plat thereof recorded in Plat Book 3, Page 89, as described in Plat Book 4299, Page 0234, Public Records of Collier County, Florida Folio No. 27630880000 be and the same hereby is approved for a variance to permit a reduced side yard setback from 7.5 feet to 3.0 feet and from 7.5 feet to 0 feet, as shown on the attached Exhibit "A", in the RSF-3 Zoning District, as shown on the attached Exhibit "A", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this '2 ~ J day of Ju. ne ,2009. ATTEST: I,' . DWIGHT ,E'-BROCK, .Ctak; By: . . '*': ' C,' . ,up MI8d .:"'Gj;" , t19Alt... Mr' BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA {if ~- By: A~.Jl~' ~ DO A FIALA, Chairman - Approved as to form and legal sufficiency: ~ArL k (Je) (:P- Seven T. 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