Resolution 2001-260
178
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RESOLUTION NO. Ol-~
RELATING TO PETITION NUMBER V A-
2001-AR-528, FOR A V ARIANCE ON
PROPERTY HEREINAFTER DESCRIBED 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
(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 4-foot variance from the required side yard
setback of 24 feet to 20 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-2001-AR-528 filed by John S. McGarvey representing Westlinks
Associates, LLP, with respect to the property hereinafter described as:
Lot 12, Quail West Unit One, Replat, as recorded in Plat Book 21, Pages 84-
106 of the Public Records of Collier County, Florida.
be and the same hereby is approved for a 4-foot variance from the required side yard setback
of 24 feet to 20 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 ofthe 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.
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178
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BE IT RESOLVED that this Resolution relating to Petition Number V A-2001-AR-528
be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and majority vote.
Donethis~dayof ~
,2001.
ATTEST:
DWIGHTE.BROCK,CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FL RIDA
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Att st H to Chairman's
s 1 gn.turf onl,Y.
Approved as to Form and Legal Sufficiency:
4r'(-,~ on. ~
MaIjo M. Student
Assistant County Attorney
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