Agenda 03/11/2008 Item #16K 2
Agenda Item No. 16K2
March 11, 2008
Page 1 of 5
EXECUTIVE SUMMARY
A recommendation that the Board of County Commissioners adopt a Resolution relating
to accessory structures in the Estates (E) Zoning District, which directs the County
Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement,
to designate any accessory structure that has received a Certificate of Occupancy prior to
February 26, 2008, as legal nonconforming, and to require Type B landscape buffering
for any accessory structure under active construction as of February 26, 2008.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its
Chairman to sign, the attached Resolution relating to accessory structures in the Estates (E)
Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75)
foot rear yard setback requirement, to designate any accessory structure that has received a
Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require
Type B landscape buffering for accessory structures under active construction as of
February 26, 2008.
CONSIDERATIONS: At its February 26, 2008 Regular Meeting, the Board received a report
from the Director of Zoning and Land Development Review relating to setback requirements
for accessory structures with the Estates (E) Zoning District. The Land Development Code
(LDC) requires that accessory structures be set back a minimum of 75 feet from the rear
property line, however, since the early 1980's there has been an unwritten "policy" to apply a
10- foot rear yard setback in the Estates Zoning District. The Board directed this office to
prepare a Resolution directing the County Manager, or designee, to apply the setback
requirements in the Estates (E) Zoning District in the following manner until such time as the
Land Development Code is amended accordingly:
A. The seventy-five (75) foot rear yard setback for accessory structures in the Estates (E)
Zoning District shall apply to all accessory structures which may be constructed after
February 26, 2008, and which have not been issued a building permit as of February 26,
2008,
B. All accessory structures in the Estates (E) Zoning District, which structures were issued
a Certificate of Occupancy (CO) prior to February 26, 2008, shall be considered legal,
nonconforming structures.
C. All accessory structures in the Estates (E) Zoning District for which a building permit
has been issued and that are under active construction as of February 26, 2008, may
proceed with construction utilizing the ten (10) foot rear yard setback, Type B
Landscape Buffer, as to vegetative requirements only, must be installed between the
accessory structure and the rear property line,
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16K2
March 11, 2008
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LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the Office of the
County Attorney and is legally sufficient for Board action,
STAFF RECOMMENDATION: That the Board of County Commissioners approves, and
authorizes its Chairman to sign, the attached Resolution relating to accessory structures in the
Estates (E) Zoning District, which directs the County Manager, or designee, to apply the
seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that
has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming,
and to require Type B landscape buffering for accessory structures under active construction as
of February 26, 2008.
PREPARED BY: Jeffrey A. Klatzkow, Chief Assistant County Attorney
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Agenda Item No. 16K2
March 11, 2008
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
A recommendation that the Board of County Commissioners adopt a Resolution relating to
accessory structures in the Estates (E) Zoning District, which directs the County Manager, or
designee. to apply the seventy~five (75) foot rear yard setback requirement to designate any
accessory structure that has received a Certificate of Occupancy prior to February 26, 2008,
as legal nonconforming, and to require Type B landscape buffering for any accessory
structure under active construction as of February 26, 2008.
Meeting Date:
3/11/2008 900:00 AM
Prepared By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/28/2008 3:34:58 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
2/28/20084:16 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/28/20084:38 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/29/20088:59 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
2/29/200810:55 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/3/2008 11 :55 AM
file://C:\AgendaTest\Export\1 02-March%2011 ,%202008\16.%20CONSENT%20AGENDA\I... 3/5/2008
RESOLUTION NO, 08
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, DIRECTING THE COUNTY MANAGER
OR DESIGNEE TO APPLY THE SEVENTY-FIVE
(75) FOOT REAR YARD SETBACK FOR
ACCESSORY STRUCTURES FOR THE ESTATES
WNING DISTRICT; PROVIDING FOR
NONCONFORMING ACCESSORY STRUCTURES;
REQUIRING BUFFERING FOR ACCESSORY
STRUCTURES UNDER CONSTRUCTION; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the Zoning Director-has opined that prior to 1991, there were conflicting
provisions in the Zoning Ordinance (Ord. No. 82-2, as amended) concerning rear yard setbacks
for accessory structures in the Estates (E) Zoning District; and
WHEREAS, the Collier Count Land Development Code (LDC) since 1991 has required
and still requires a seventy-five (75) foot rear yard setback for accessory structures in the Estates
(E) Zaning District; and
WHEREAS, since the early 1980's, there has been an historic departure in the application
of this rear yard setback requirement, with staff applying a ten (10) foot rear yard setback for
accessory structures in the Estates (E) Zoning District; and
WHEREAS, the LDC was never amended to reflect staff's application of the ten (10)
faat re<If yard setback for accessory structures in the Estates (E) Zaning District; and
'NHEREAS, a recent Code Enforcement complaint concerning BIl accessory structure has
brought this historic staff policy to the attention of the Zoning and Land Development Review
staff; and
WHEREAS, on February 26, 2008, staff has brought this matter to the Board of County
Commissioners faT direction as to the application of the rear yard setback faT accessory
structures in the Estates (E) Zoning District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COllIER COUNTY, FLORIDA, that:
1. The County manager. or designee, is hereby directed to apply the setbacks for accessory
Structures in the Estates (E) Zoning District until such rime as the Land Development
Code is clarified as follows:
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Agenda Item No. 16K2
March 11, 2008
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A. The sevcnty~five (75) foot rear yard setbaclc for accessory structure in the Estates
(E) Zoning District shall apply ta all accessory sttucturcs which may .be
constructed after FebruaI"'f 26, 2008, and which have not been issued a building
permit as of February 26,2008.
B. All accessory struCtures in the Estates (E) Zoning District, which stl'Uctures were
issued a Certificate of Occupancy (CO) prior to Febmary 26, 2008, shall be
considered legal, nonconforming structures.
C. All accessory structures in the Est3les (E) Zoning District for which a building
permit has been issued and that are under active construction as of February 26,
2008. may proceed with construction utilizing the ten (10) foot rear yard setback.
Type B Landscape Buffer. as to vegetative requirements only, must he installed
between the accessory structure and the rear property line.
BE IT FURTHER RESOLVED that this Rcs<>lution shall take effect as of February 26,
2008,
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring S1lme,
this
day of
2008.
ATl'EST:
DWIGHT E, BROCK. CLERK
BOARD OF COUNTY COMMJSSIONERS
COllIER COUNTY, FLORIDA
By;
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
A proved as to form
Ie ci ncy:
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Agenda Item No. 16K2
March 11, 2008
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