Resolution 1998-055
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RESOLUTION NO. 98-~
RELATING TO PETITION NUMBER V-97-1S,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 12S.
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 O.S-foot after-the-fact variance from the required
30 foot side yard setback for the principal structure, along the south
property line to 29.5 feet; a 4.0 foot after-the-fact variance from the
required 30 foot side yard setback for an accessory structure, along the
south property line to 26 feet; a 13.3 foot after-the-fact variance from
the required 30 foot side yard setback for a tennis court along the north
property line, to 16.7 feet: and a 2.0 foot after-the-fact variance from
the required structure-to-structure setback of 10 feet for the separation
between the principal structure and a tennis court, to 8 feet as shown on
the attached plot plan, Exhibit "A", in an RSF-1 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:
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The Petition V-97-lS filed by Kenneth D. Goodman, representing Lana
S. Chadwick, with respect to the property hereinafter described as:
Lot 14, Block L, Pine Ridge Extension, as recorded in Plat Book
3, Page 51, of the Public Records of Collier County, Florida.
be and the same hereby is approved for a 0.5 foot after-the-fact
variance from the required 30 footsl~e yard setback for the principal
structure, along the south property line to 29.5 feet; a 4.0 foot after-
the-fact variance from the required 30 foot side yard setback for an
accessory structure, along the south property line to 26 feet; a 13.3
foot after-the-fact variance from the required 30 foot side yard setback
for a tennis court along the north property line, to 16.7 feet; and a 2.0
foot after-the-fact variance from the required structure-to-structure
setback of 10 feet for the separation between the principal structure and
a tennis court, to 8 feet, as shown on the attached plot plan, Exhibit
"A", of the RSF-1 zoning district wherein said property is located,
subject to the following conditions:
A. This variance is for the encroachments depicted in Exhibit
"A", with the exception of the shed, only. Any other
encroachment shall require a separate variance.
B. In the case of destruction of the encroaching structures,
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.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-15 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
,,-~,'7/
day of /;:~LULA ,~
, .,-
/ '
,/
, 1998.
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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Marj le M. Student
Assistant County Attorney
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