Resolution 2002-458
RESOLUTION NO. 02- 458
RELATING TO PETITION NUMBER V A-2002-AR-
2445 FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
178
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, 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 Board of Zoning Appeals, being the duly elected and lawfully
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 45-foot variance
from the required 75 foot front yard setback to 30 feet as shown on the attached site plan,
Exhibit "A," in an "E" Estates 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
2.7.5 of the Zoning Regulations of said Land Development Code (LDC) 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:
Petition V A-2002-AR-2445 filed by Douglas Eaton, representing Benjamin Arledge,
with respect to the property hereinafter described as:
Tract 70, Golden Gate Estates, Unit 67A, as recorded in Plat Book 9, Page 47,
in the Official Record Books of Collier County, Florida in Section 21, Township 48
South, Range 28 East, Collier County, Florida.
be and the same hereby is approved for a 45-foot variance from the LDC Section 2.2.3.4.3.1.,
75 foot front yard requirement to allow only a 30 foot front yard as shown on the attached site
plan, Exhibit "A," of the "E" Estates Zoning District wherein said property is located, subject
to the conditions shown in Exhibit "B:":
178
BE IT RESOLVED that this Resolution relating to Petition Number V A-2002-AR-2445 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
~
day of Alo\lQ~ , 2002.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Approved as to Form
and Legal Sufficiency:
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JANH!SN.COLETTA,CHA~AN
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Patrick G. White
Assistant County Attorney
Attachments: Exhibit A, Site Plan
Exhibit B, Conditions
V A-2002-AR.2445/KD/lo
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till Exhibit "A"
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178
CONDITIONS FOR BEN ARLEDGE
Petition # V A-2002-AR-2445
The foregoing variance is subject to the following conditions:
1. The variance granted is limited to the proposed front yard encroachment
along 33rd Avenue NE as depicted and more particularly described in the
applicant's site plan stamped "Received May 2. 2002." This site plan is
included as Exhibit A; and
2. Any residential dwelling structure erected on this lot must maintain a front
yard setback on 33rd Avenue NE of no less than 30 feet, as measured from
the northerly edge of the right-of-way of 33rd Avenue NE; and
3. If a residential dwelling structure is constructed and then destroyed 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, all
reconstruction of the structure must conform to the provisions of the Land
Development Code in effect at the time of reconstruction; and
4. The entire 75-foot front setback along Oil Well Road must be maintained;
and
5. The front yard for any structure on this lot must utilize 33rd Avenue NE as
the frontage, Le. homes cannot be constructed using Oil Well Road for
access; all access must be from 33rd Avenue NE.
Revised: 8/7/02
VA-2002-AR-2445
Exhibit B
G :\Current\DeselemWariances\Arledge. Ben-V A-2002-AR-2445\Conditions.doc