Resolution 2002-506
RESOLUTION NO. 02-5J&
RELATING TO PETITION NUMBER
V A-2002-AR-2705. FOR A VARIANCE OF 10 FEET
FROM THE REQUIRED 20 FOOT FRONT YARD
SETBACK TO 10 FEET ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
7' it
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 100foot variance from the required 20- foot
front yard setback to 10 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 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-2002--AR-2705 filed by Steven Jacob of Tristar Development of
Naples, LLC, representing Tristar Development of Naples, LLC, with respect to the property
hereinafter described as:
Lot 1.1, Winds tar Subdivision, Tract M, as recorded in Plat Book 14, Pages
11-15, in the Official Record Book of Collier County, Florida
be and the same hereby is approved for a 10 -foot variance from the required front yard
setback of 20 feet to 10 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:
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.
7 A
NOW, BE IT RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-2705 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
1'14h
day of ~bar
,2002.
ATTEST:. C),r,o
D~H1 E.B~:~K, CLERK
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Approvecf"M to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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J~ N. LE A, C AIRMAN
1;1.-1'1-02.
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Marjo' M. Student
Assistant County Attorney
V A-2002-AR.2705/FR/sp
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V A-2002-AR-2705
PROJECT #19990501
DATE: 6/19/02
FRED REISCHL
EXHIBIT "A"
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