Backup Documents 03/10/2009 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.)
._..w*.................*'......_...............,...._.********.*..*****~*******...****..*...***
Originating Deptl Div: CDES.lZonine: Person: Susan M. Istenes, AICP, Director
Date lci-I)(-DS
Petition No. (If none, give brief description): ADA-2007-AR-12313, Olde Cypress - Lot 28
Petitioner: (Name & Address): Mr. Clay Brooker, Esq., Cheffy, Passidomo, Wilson, & Johnson LLP, 821 Fifth Avenue
South, Suite 201, Naples, FL 34102
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed. altach separate sheet) s.
Melissa Ross Trust (c/o Melissa Showalter, Trustee), 294:5 Lone Pine Lane, Naples, FL 34119
Hearing before Bee
HZ-A
Other
Requested Hearing date:
hearing.
Januarv 27. 2009
Based on advertisement appearing 15 davs before
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: ADA-2007.AR~ 12313. S. Melissa Ross
Trust, represented by Chefty, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal regarding the
application of SC.07~02 for property located on Lot 28 in Olde Cypress. The applicant is appealing the decision
pursuant to 250~58 of the Collier County Code of Laws and Ordinances. The applicant proposes that the method of
measurement was not used properly and the setbacks are insuUicient for a comer lot.
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
~'1n.15~
ivision Administrator or Designee
1~-J8'0g
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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 samel 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 8 copy for file.
***.**.....*.................*..................*..*..*....***..............****.*.**....*****.
FOR CLERK'S OFFICE USE ONLY: I I '\~L-o.
Date Received:~Date of Public hearing: ~ Date Advertised: _
I J~ tf7
Page I of I
78
Teresa L. Polaski
From: RamirezHeather [HeatherRamirez@colliergov.net]
Sent: Monday, December 29,200812:18 PM
To: Minutes and Records
Subject: RE: ADA-2007-AR-12312 Advertising
There is not any back-up at this timc. Susan asked mc to advertise them without them at this time. The CA still
has the Resolutions.
HAP 'e'
- V !
\-l.,.;;.\I/ I r= p
Heather L. Ramirez
PLH1lliTlgTcchn !Cidll
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] On Behalf Of Minutes and Records
Sent: Monday, December 29,200812:16 PM
To: RamirezHeather
Subject: RE: ADA-2007-AR-12312 Advertising
Is there only the request form the only backup for this one, ADA-2007-AR-123l2 and ADA-2007-AR-l2313?
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po lask i@collierclerk.com)
From: RamirezHeather [mailto:HeatherRamirez@colliergov.net]
Sent: Monday, December 29,20089:33 AM
To: Minutes and Records
Subject: ADA-2007-AR-12312 Advertising
!leather L. Ramirez
P!;'IJ1Jlillg Tc'chnlci:'JIl
Zoning 6< Land DevclopnH.'nt Review
i'l\; .~93(J
[':IX; (239).252-6366
emd j]: (JeatherHa: rn i n,'z@cul1icrgc),I/.net
12/29/2008
7B
Acct. #068779
December 29,2008
Attn: Lega]s
Nap]es Dai]y News
]075 Centra] Avenue
N ap]es, F]orida 34102
Re: ADA-2007-AR-12313: O]de Cypress - Lot 28
Dear Lega]s:
Please advertise the above referenced notice on Sunday, January 11, 2009 and
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Polaski
Deputy Clerk
P.O. #4500096189
NOTICE OF PUBLIC HEARING
78
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, January 27, 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.
Petition: ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Cheffy,
passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal
regarding the application SC-07-02 for property located on Lot 28 in Olde
Cypress. The applicant is appealing the decision pursuant to 250-58 of the
Collier County Code of Laws and Ordinances. The applicant proposes that
the method of measurement was not used properly and the setbacks are
insufficient for a corner lot.
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.
If you are a person with a 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
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
Dwight E. Brock
Clerk of Courts
c----_._.,
'ienl\~~reOllier
CLERK OF THE GlRClJIT COURT
COLLIER COUNTY COURTBOUSE
3301 TAMIAMI mIL EAST
PO. BOX 4\3044
NAPLES. FLORIDA 14 1 0 1-3044
~~/
.~~~
78
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 29, 2008
\:\../'/
Mr. Clay Brooker, Esq.
Cheffy, Passidomo, Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition:
ADA-2007-AR-12313; Olde Cypress - Lot 28
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 27,2009 as indicated on
the enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~\C
resa Polaski,
Deputy Clerk
Enclosure
Phone (239)252-2646
Web site: www.colliercIerk.com
Fax (239) 252-2755
Email: colliercIerk@colliercIerk.com
December 29, 2008
'(~t)L~~611ier
CLERK OF THE C~RCtJIT COURT
COLLIER COUNTY COUR1\HOUSE
,
3301 TAMIAMI ~IL E1\ST
P.O. BOX 4i.3044 ..
NAPLES, FLORIDA~4JOI-3044
3~, '
"11(<
\ (
I),~...
78
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
S. Melissa Ross Trust
c/o Melissa Showalter, Trustee
2945 Lone Pine Lane
Naples, FL 34119
. .
Re: Notice of Public Hearing to Consider Petition:
ADA-2007-AR-12313; Olde Cypress - Lot 28
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, January 27, 2009 as indicated on
the enclosed notice. The legal notice pertaining to this petition will be published in
the Naples Daily News on Sunday, January 11, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~r;~
resa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Web site: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
78
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
ADA-2007 -AR-12313
Attachments:
ADA-2007-AR-12313.doc; ADA-2007 -AR-12313.doc
Legals,
Please advertise the following on Sunday, January 11, 2009. Thanks
~ ~
ADA-2007-AR-12 ADA-2007-AR-I2
3I3.doc (28 K8) 3I3.doc (27 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@eollierelerk.eom)
1
Teresa L. Polaski
7B
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, December 30,20089:02 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
A TT94239.txt; ADA-2007 -AR-12313
s
D
A TT94239.txt
(231 B)
ADA-2007-AR-I2
313
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
ADA-2007-AR-12313
Page 1 ofl
Teresa L. Polaski
78
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Friday, January 02, 2009 11 :59 AM
To: Teresa L. Polaski
Subject: RE: ADA-2007-AR-12313
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Tuesday, December 30, 2008 9:02 AM
Posted To: Legals Done - NDN
Conversation: ADA-2007-AR-12313
Subject: ADA-2007-AR-12313
Legals,
Please advertise the following on Sunday, January 11,2009. Thanks
<<ADA-2007-AR-12313.doc>> <<ADA-2007 -AR-12313.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1/2/2009
Teresa L. Polaski
7J1
From:
Sent:
To:
Subject:
Attachments:
~
UASIF44.jpg (70
KB)
Heredia, Blanca [BEHeredia@Naplesnews.com]
Tuesday, December 30,200810:06 AM
Teresa L Polaski
Ad Confirmation
UAS1 F44.jpg
he 2nd confirmation for the January 11th notice. Thanks for your help.
Blanca
Thank you for
Date
publication
Account Number
Ad Number
Total Ad Cost
placing your ad.
12/30/08
NDN
744102
1765672
$385.22
1
NOTICE OF PUBLIC HEARING
N once Is hereby given that the Board of County
CommiSS'l(}ners of Collier COlmty will hold a public
hearing on Tuesday. Janw'lry 27.2009. in the BO.;lrd-
room. 3rd FIiJor. Administration Bui Iding, Coli ier
County Government Center. 3301 East Tamiami
Trail. Naples. Florida. The meeting will begin at
9:00 A.M.
Petition; ADA-2007-AR-12313. S. Mel'lssa Ross Trust.
represented by Cheffy. Passidomo. Wilson & John-
5011. lLP. requesting an Admln'lstrative Appeal re-
garding the application SC-07-02for property locat-
ed on lot 28 In Olde Cypress. The applIcant isap-
pealing tl1e decision pursuant to 250-58 of the Col-
!leI' County Code of laws and Ordinances. The ap-
plicant proposes that the method of measurement
was not used properly and the setbacks are Insuffl-
cientfor a corner lot.
NOTE; All Persons wishing to speak Gnany agenda
item must register with the County Administrator
prior to presentation of the agenda item to be ad-
dressed. Individual speakers will be limited to 5
minutes on any item, The selection of an individual
to speak on behalf ot an organization or group is
encouraged. If recognized by the Chair. a spOkes-
person tor a group or organization may be allotted
10 minutes 10 speak on an item.
Pel-sons wishIng to 11ilV€ wrrtten 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 case. written
materials intended to be considered by the Board
shall be submitted to the appropr'rilte 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.
Any person who declcles to appeal a decision of
the Board will need a record of the proceedings
pertaining thereto and therefore. may need to en-
sure that a verbatim record of the proceedings is
made. which record includes the testimony and
evidence upon which the appeal is based.
If you are 11 person with 11 dlsabHity who needs any
a.ccommodatlon In order to participate In this pro-
ceeding. YOll are entitled. at no cost to you. to the
provision of certain asslstance. Please contilct the
Collier COllllty Facilities Management Department,
locatee! at 3301 Tamlami Trail East, BUilding W.
Naples. Florida 34112. (239)252.8380: assisted listen-
Ing devices for the hearing impaired are 11va1lal:)le
in the County Commissioners' Office.
78
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
TOM HENNING. CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Teresa Polaski. Deputy Clerk
January 11
No. 1765672
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
59550580
4500096189
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: 01/11 01/11
AD SPACE:
FILED ON:
Signature of Affiant
Sworn to and Subs crib
me this
Personally known by me
(j
TOI.t , .
tt4.~a...
hln 17~"
of ;)1/X.!J.("'h.- 200'1
u
., ANEL A, MCDONALD
o 475
Expires June 29, 2011
Fklnded Tr~c Troy Fai'llnSUr.lnce 800-365-7019
Patricia L. Morgan
7 B ."
From:
Sent:
To:
Cc:
Subject:
RamirezHeather [HeatherRamirez@colliergov.net]
Tuesday, January 20,200910:41 AM
Patricia L. Morgan
IstenesSusan
RE Legal ad for 1/277
Not sure ii'anything will change but I will scnd a ncw legal ad ovcr whcn the time comes I()r the March 10'h
advertising. This way iI'anything changes vve"JI have it on t.he new legal ad.
Heather L. Ramirez
;'111:1 i...'<..:hn',-1:1I1
,;; ~q:O
From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com]
Sent: Tuesday, January 20, 2009 10:34 AM
To: RamirezHeather; brock_m; pui9-.J
Cc: IstenesSusan; Minutes and Records
Subject: RE: Legal ad for 1/277
Heather and/or Susan,
Thank you for the update but as you noticed in my email below... we have already received the
affidavit for this legal ad. Are you going to send out a new ad request or do you want us to use this
email notification to resend the ad for the 15-day requirement for the March 10th BCC meeting?
Please let us know and also if anything has changed in what you need advertised.
Thanks, Trish
From: RamirezHeather [mailto:HeatherRamirez@colliergov.net]
Sent: Tuesday, January 20, 2009 10:28 AM
To: Brock, Mary; Patricia L. Morgan; Puig, Judy
Cc: IstenesSusan
Subject: RE: Legal ad for 1/277
Iii All. thosc petitions have been continued until the March lOll' Bee.
Heather L. Ramirez
! \. h!l;<,:i;1!1
: ':; -'., li ~!
From: brock_m
Sent: Tuesday, January 20, 2009 10:27 AM
To: Patricia L. Morgan; puig-.J; RamirezHeather
Subject: RE: Legal ad for 1/277
Heather, Do you know if this item IS going on the 1/27 agenda?
Thanks, MJ
r
78
From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com]
Sent: Tuesday, January 20,200910:19 AM
To: brock_m
Subject: RE: Legal ad for 1/277
I just checked all of our stuff and we have that one and the AOA-2007-AR-12312, Old Cypress - Lot
28. I am thinking that they forgot to put them in Both of these were signed off by Susan, so I'm not
sure who was going to put those into Novus. 00 you want me to check with Heather to see if these
have gotten pulled or forgotten?? They did run as scheduled in NON on 1/11/09 as we already
received the affidavits on them.
Just let me know.... Thanks, Trish
From: brock_m [mailto:MaryBrock@colliergov.net]
Sent: Tuesday, January 20, 2009 10:03 AM
To: Patricia L. Morgan
Subject: Legal ad for 1/277
Hi there..
I have a legal ad for 1/27 ADA-2007-AR-12313, Olde Cypress Lot28.
I'm not seeing it on the draft agenda.
Was it pulled?
Thanks, MJ
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 ma;! to this entity. Instead. con1ac! this office by telephone or in wr;(ing
78
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
(Display Ad\!.. location. etc.)
.*.*........********.**.*........*..******.*****.*...**w***ww.****.**.*********.*********.***..
Other:
Originating Dcpt/ Div: CDES./Zonine Person: Susan M.lstcnes, Alep, Director Date:
Petition No. (It none, give brief description): ADA-2007-AR.123 1.3. Olde Cypress. LOl2S
Petitioner: (Name & Address): Mr. Clay Brooker, Esq., Cheffy, Passidomo. Wilson. & .Iohnson LLP. 821 Fifth Avenue South,
Suite 201, Narle~. FL 34102
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) S_ Melissa Ross
Trust (c/o Melissa Showalter, Trustee), 2945 Lone Pine Lane. Naples, FL 34119
Hearing belnre
BCC
BZA
Other
Requested Hearing date:
March 10.2009
Based on ath(:rtiscl11cnt appearing 15 davs before hearing.
Newspaper(s) to be used. (Compkte only if important).
xxx Naples Daily News
Other
Legally Requin:d
Proposed Text (Include legal description & common location & Size: Petition: ADA-2007-AR-12313, S. Melissa Ross Trust,
represented by Clay Brooker of Chefty, Passidorno, Wilson & Johnson, LLP, requesting an appeal regarding the applicalion of
SC-07.02 to the mea.'mrement of front :-ietbacks for lhe approval of a building permit. The applicant is appealing the decision
pursuant to Section 250-58 of the Collier County Code at Laws and Ordinances. The applicant suggests that the method 01
measurement Jar the tront setbacks was incorrect and that the approved front setbacks are insutfident for <l rorner lot for proren}'
located at 2949 Lone Pine Lane. Lot 28. Olde Cypress Subdivision \Ini13, in Section 21. Tnwn.ship 4RS, Range 26E, Collier
County, Florida.
Companion petilion(s), if any & proposed hearing dale
Dots Petition Fee include advertising cost? Yes No It Yes, what account should ot': charged Jar advertising costs:
PO Number: 4500096189 for Account Number: 068779
Reviewed by:
~~.\~~
r5ivision Administrator or Designee
7-/10/01
Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Dh:ision 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 "tanager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initialing Division head to approve and submiT original 10 Clerk's Oftice, retaining a copy for file.
***********************************************************************************************
FOR CLERK'S OFHO: USE ONL V:
Date Received 2.)10 'l)~ Dutc of Public beacing: ~i(~Ltfl Date Advertised ;2/~ ()..lo q
78
Acct. #068779
February 11,2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ADA-2007-AR-12313: Olde Cypress - Lot 28
Dear Legals:
Please advertise the above referenced notice on Sunday, February 22, 2009 and
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Teresa Polaski
Deputy Clerk
P.O. #4500096189
78
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners of Collier
County will hold a public hearing on Tuesday, March 10, 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.
Petition: ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Clay
Brooker of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an appeal
regarding the application SC-07-02 to the measurement of front setbacks
for the approval of a building permit. The applicant is appealing the
decision pursuant to Section 250-58 of the Collier County Code of Laws and
Ordinances. The applicant suggests that the method of measurement for the
front setbacks was incorrect and that the approved front setbacks are
insufficient for a corner lot of property located at 2949 Lone Pine Lane,
Lot 28, Olde Cypress Subdivision Unit 3, in Section 21, Township 48S,
Range 26E, 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.
If you are a person with a 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: Teresa Polaski, Deputy Clerk
78
Dwight E. Brock
Clerk of Courts
Cour:!}L6fCo llier
. CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA~~ 1 () 1-3044
78
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12,2009
Mr. Clay Brooker, Esq.
Cheffy, Passidomo, Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 20 I
Naples, FL 34102
Re: Notice of Public Hearing to Consider Petition:
ADA-2007-AR-12313; Olde Cypress - Lot 28
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, March 10, 2009 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Sunday, February 22, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~Lt~
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIlierclerk.com
Fax (239) 252-2755
Email: coIlierclerk@.coIlierclerk.com
Dwight E. Brock
Clerk of Courts
CowntyOfCollier
'I ._,,~
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
PO. BOX 413044
NAPLES, FLORlDA34101-3044
?B
~ ~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
February 12,2009
Melissa Ross Showalter
1860 Amberwood Manor Ct.
Vienna, VA 22182
Re: Notice of Public Hearing to Consider Petition:
ADA-2007-AR-12313; Olde Cypress - Lot 28
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, March 10, 2009 as indicated on the
enclosed notice. The legal notice pertaining to this petition will be published in the
Naples Daily News on Sunday, February 22, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~Sc
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L. Polaski
78
t<
To:
Subject:
legals@naplesnews.com
ADA-2DD? -AR-12313
Attachments:
ADA-2DD? -AR-12313.doc; ADA-2DD? -AR-12313.doc
Legals,
Please advertise the following on Sunday, February 22, 2009. Thanks
~ ~
ADA-2007-AR-I2 ADA-2007-AR-I2
313.doc (28 K8) 313.doc (28 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(Teresa. Po las ki@collierclerk.com)
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Thursday, February 12, 2009 2: 15 PM
Teresa L. Polaski
Delivery Status Notification (Relay)
7f{
Attachments: ATT19861.txt; ADA-2007-AR-12313
[J B
ATTl9861.txt ADA-2007-AR-I2
(231 B) 313
This is an automatically generated Delivery Status Notification.
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1
ADA-2007-AR-12313
Page 1 of 1
78
Teresa L. Polaski
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, February 12, 2009 3:54 PM
Teresa L. Polaski
Subject: RE: ADA-200?-AR-12313
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Thursday, February 12, 20092:15 PM
Posted To: Legals - NDN
Conversation: ADA-2007-AR-12313
Subject: ADA-2007-AR-12313
Legals,
Please advertise the following on Sunday, February 22, 2009. Thanks
<<ADA-200? -AR-12313.doc>> <<ADA-200?-AR-12313.doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Boord of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po lask;@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.
2/12/2009
Teresa L. Polaski
78
From:
Sent:
To:
Subject:
Attachments:
!iI
UAS927.jpg (80
KB)
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, February 12, 2009 5: 12 PM
Teresa L. Polaski
Ad Confirmation
UAS927.jpg
Thank you for
Date
Publication
Account Number
Ad Number
Total Ad Cost
placing your ad.
02/12/09
NDN
744102
1778312
$385.22
1
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County
Commissioners of Collier County will hold a public
hearing on Tuesday, March 10.2009, in the Board-
room, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamlami
Trail, Naples, Florida. The meeting will begin at
9:00 A.M.
petition: ADA-2007-AR-12313. S. Melissa Ross Trust.
rep'resented by Clay Brooker of Cheffy. Passidomo.
Wilson & Johnson, LLP. requesting an appeal re-
garding the appl'ication SC-Q7-Q2 to the measure.
ment of front setbacks for the approval of a build-
ing permit. The applicant is appealing the decision
pursuant to Section 250-58 of the COllier County
Code of Laws and Ordinances. The applicant sug-
gests that tl1e method of measurement for tile
front setbacks was incorrect and that the approved
front setbacks arc insufficient for a corner lot of
property located at 2949 Lone Pine Lane, Lot 28.
Olde C~press Subdivislon Unit 3, In Section 21.
Township 485. Range 26E. 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 ad-
dressed. Individual speakers will be limited to 5
minlltes on any item. The selection of an individual
to speak on behalf Of an organization or group -IS
encouraged. If recognized 6y tl1e Chair, a spokes-
person for a group or organization may be allotted
10 minlltes 10 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 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 hear-
ing. All mater'lal used in presentations before the
Board will become a pennanent part of the record.
Any person WllO decides to appeal a decision of the
Board will need a record of the proceedings per-
tailling thereto and therefore. may n~~ed to ensure
that a verbatim record of the proceedings is made,
which record includes the testimony and evidence
upon which the appeal is based.
If YOll are a person with a disability who needs any
accommodation in order to partiCipate in this pro-
ceed ing. you are entitled. at no c;ost to you. to the
provision of certain assistance. Please contact the
Collier' County Facillties Management Dep,8rtment,
located at 3301 Tamiarni Trail East. BUilding W.
Naples, Florida 34112. (239)252-8380; assisted listen-
ing devices for the hear'lng '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: Teresa Polaski, Deputy Clerk
February 22 No. 1778312
78
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
59560666
4500096189
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: 02/22 02/22
IIInl'"'"U
AD SPACE: 134.000 INCH
FLLED ON, 0'/"/" ~
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "fh -"(2- - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
Signature of Affiant NVl 09t-
/ I
Sworn to and Subscribed before me this '-')~ day of 0( 0 11
Cro/XJ! P U-n7'4..h'1f\ PR.J:
Personally known by me
20QJ
CHANEL A. MeDONALL'
Cun:mission DO 650475
t:xpires June 29, 2011
<"~l'" H,., T:.:),' '>11: i~~II'.1~Cf 80Q.385.7019
78
,'I, ,
4.'
ORIGlNAL DOCUMENTS CHECKUST & ROUTrNG SUP
TO ACCOMPANY ALL ORIGINAL DOClJMENTS SENT TO
THE BOARD OF COlJNTY COMMISSIONERS OFFICE FOR SIGNATlJRE
Print on pink paper. Attach to original documt:nt. Original dOCUlllt'l1/s ~h()uld b<.e hand dclivcl"C(] to the Board Office The completed routing slip and original
documents are to be fmwardcd 10 the Board Office only .iuJel" thL' Ih'<Jrd has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatlLlTs, dates, andlor information needed. If the document is already complete with the
r ftl Ch' , < d I <I ) r I #< I I #4 I < tI h kl < d r d t S PI 0' #5)
eXCCpllon 0 Ie airman S Slg113 lire, fawa me lroLlo 1 rOll ml!: lIles llfllU"1 , C_~~llp e e 1C c ec ]5, an orV.iar 0, ue 'I son me
Route to Addressee(s) Office Initials Date
(List in routing order)
L
2,
3.
4. Steveu T. Williams, County Attorney STW 3-24-09
Assl. Couuty Attorney
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 orlhe original document pending Bee 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 staff for additional or missing
information, All original documents needing the Bee ChaiTman's signatllre arc to be delivered to the BCe office only after the nee has acted to approve the
item.)
Name of Primary Staff Steven T Williams Phone Number 252-8400
Coutact
Ageuda Date Item was 3-10-09 Agenda Item Number 7-B
Approved 1>y the BCC
Type of Document Resolution 2009-61 Number of Original One
Attached Documents Attached
L
INSTRlICTIONS & CHECKLIST
Initial the Yes eolumn or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Origiual documeut has beeu sigued/iuitialed for legal suffiCiency. (All documeuts 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
Chainnan aud Clerk to the Board and ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties except the BCC Chairman aud the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCe approval of the
document or the final ne otiated contract date whichever is a plicable.
"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 he proVided to Sue Filson in the BCC office within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of your deadlines!
The document was approved by the BeC on 3-10-09 aud all chauges made duriug the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Iuitial)
STW
N/A(Not
A Iicable)
2,
3.
4.
5.
6.
STW
STW
STW
STW
STW
I: Forms! County Forms! BCe Forms! Original Documen!s Routing Slir WWS Original ()'(JJ.04, Revised l 2605. Revised 2.24.05
OS-7794-CA!83
7B
RESOLUTION 2009 - 61
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER ADA-2007-AR-12313 WHICH
APPEALED SC-07-02, A STAFF CLARIFICATION OF THE METHOD
OF MEASUREMENT OF FRONT YARD SETBACKS, AS APPLIED
TO LOT 28 OF THE OLDE CYPRESS UNIT THREE PLAT, IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 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 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for establishing front yard
setbacks; and
WHEREAS, County Staff applied the Chord method of measurement to establish front
yard setbacks on Lot 28 within the Olde Cypress Unit Three, a lot abutting a cul-de-sac; and
WHEREAS, SC-07-02 was issued on August 21,2007, after the issuance of the building
permit for Lot 28; and
WHEREAS, the Petitioner, owner of Lot 29 immediately west of Lot 28, duly appealed
to the Collier County Board of Zoning Appeals SC-07-02 and the decision of County Staff to
apply the Chord measurement resulting in a front yard setback of less than] 8 feet contrary to the
minimum I 8-foot setback set forth in the Collier County Land Development Code; and
WHEREAS, this appeal is timely as to the appeal of the Staff Clarification, and it is not
timely as to the issuance of the building pennit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Page I of2
-7B
~':
Petition Number ADA-2007-AR-123 13, appealing SC-07-02, filed on behalf of the S.
Melissa Ross Trust (Melissa Showalter, Trustee) by Clay Brooker, Esq., of Cheffy Passidomo
Attorneys At Law P.A., for the property hereinafter described as:
Lot 28, Tract 5, OLD CYPRESS, UNIT THREE, according to the plat thereof
recorded in Plat Book 32, Pages 84-86 of the Public Records of Collier County
Florida
Property Appraisers Parcell.D. No. 6462500558]
is hereby GRANTED.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this 10th day of March,
2009.
ATTEST:
DWIGHT E. BROCK, CLERK
\-_~ I"
.\', , . ( L '.' .'f< I '..
By:; ~ L..lL k \.'y--'\ I ~___
. . , peputy\Clerk
,. Attest. n . ~ QI:J.h4n I!
sfOllature 'Qfti'';' .
"
Approved as to form
and legal sufficiency:
By:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
If) / _
lj)~ c:r~
DONNA FIALA, CHAIRMAN
Jt-7L.)~
Steven T. Williams
Assistant County Attorney
Page 2 of2