Backup Documents 12/16/2008 Item # 7B
117911
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,)
*kk*kk***kk*********************************************~*****************************************
Originating Deptl Div: CDES.lZonln. Person: Kay Deselem. AICP\:bl Date: /1.3' Off
Petition No. (If none, give brief description): V A~2006~AR~ 11064, Moraya Bay Beach Club
Petitioner: (Name & Address): Mr. Richard Yovanovich, Goodlette, Coleman & Johnson, 4001 Tamiami Trail N., #300,
Naples, FI 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) VI Partners,
LTD, 800 Laurel Oak Drive, #300, Naples, FL 34108; Collier County Parks & Recreation, 3300 Santa Barbara Blvd., Naples,
FL 34116
Hearing before BCC
BZA
Other
Requested Hearing date:
December 2. 2008
Based on advertisement appearing IS davs before hearing.
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: V A-2006~AR~ 11 064, VI Partners, L TD and
Collier County Parlu and Recreation, represented by Richard Yovanovich of Goodlette, Coleman & Johnson requesting
variances for a trellis structure as specified in Section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a
property in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO),
as follows: 1) from the required 45 feet for the trellis to the principal residential structure, to allow 25 feet; and 2) from the
required 50 percent of the building height but not less than 30 feet for the trellis to north propel1y line, to allow 10 feet; and 3)
from the required 50 percent of the building height but not less than J 5 feet for the trellis to the public restroom building, to allow
10 feet. The subject property, consisting of 5.14::1:: acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore
Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida.
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:
Account Number: 068779 ~ ~') ~oo"i~l~q
~
List Attachments:
DISTRIBUTION INSTRUCTI~
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 same, 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 a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ Date 01 Public hearing: ~ Date Advertised: ~/~
I7rei
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
VA-2006-AR-ll064 REQUESTING VARIANCES FOR A TRELLIS
STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF mE
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A
PROPERTY IN 1HE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND 1HE VANDERBILT BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND 1HE PRlNCIP AL RESIDENTIAL STRUC11JRE FROM THE
REQUIRED Y:. THE SUM OF THE TWO BUILDINGS TO ALLOW A 25
FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4
INCHES); AND 2) FRONT YARD (RIGHT-OF-WAY); FROM THE
MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE
TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT
SETBACK (A REDUCTION OF 20 FEE1); AND 3) BUILDING
SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE
PROPOSED PUBLIC RESTROOM BUILDING ALONG mE EASTERN
PROPERTY LINE (ALONG BLUEBILL AVENUE) STRUC11JRE
FROM THE REQUIRED y, THE SUM OF THE TWO BUILDINGS TO
ALLOW A 10 FOOT SEPARATION DISTANCE (A REDUCTION OF
2.5 FEET 4 INCHES) FOR A PROPERTY IN mE RESIDENTIAL
TOURIST (R1) WNING DISTRICT AND THE VANDERBILT BEACH
RESIDENTIAL TOURIST OVERLAY DISTRICT (YBRTO), LOCATED
AT I I 125 GULF SHORE DRNE ON SOUTHWEST CORNER OF GULF
SHORE DRIVE AND BLUEBILL A VENUE 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 (LDe)
(Ordinance No. 2004-41, as amended) 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of
the CoIlier County Land Development Code (LDe) for a property in the residential tourist (RT) zoning
Revised 9/17/08 - VA-2006-AR-l1064 (HFAC)
Page I of3
78_1
district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building
separation distance: between the trellis and the principal residential structure from the required y, the sum
of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front
yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north
property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance:
between the trellis and the proposed public restroom building along the eastern property line (along bluebill
avenue) structure from the required V, the sum of the two buildings to allow a 10 fopt separation distance (a
reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning District and the
Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached site plans,
Exhibit "A," for the property hereinafter described in Exhibit "B," 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 Subsection 9.04.00 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-2004-AR-ll 064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A. represerAing VI Ltd. Limited Partnership, successor by merger to VI
Partnership Ltd., with respect to the property hereinafter described in Exhibit "B" be and the same hereby is
approved for]) bnilding separation distance: between the trellis and the principal residential structure from
the required V, the sum of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4
inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the
trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet): and 3) building
separation distance: between the trellis and the proposed public restroom building along the eastern
property line (along bluebill avenue) structure from the required V, the sum of the two buildings to allow a
]0 foot separation distance.(a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT)
Revised 9/17108, VA-2006,AR,11064 (HFAC)
Page 2 of3
"'78 -~
Zoning District and the Vanderbilt Beach Residential Tomist Overlay District (VBRTO) as shown on the
attached site plans, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit
"C."
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2006-AR-
11064 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
Heidi Ashton-Cicko
Assistant County Attorney
.,.p:":,,\
(f;)
Attachments:
Exhibit A: Site Plans
Exhibit B: Legal Description
Exhibit C: Conditions of Approval
Revised 9/17/08 - V A-2006-AR-l1064 (HF AC)
Page 3 of3
..........-......_~
_......I{,_.'"
'"....--
'18 itit;1
t::,.,.,,3:' <:
~;:3o>
~~s.'i:
sn,<O
~;:;>~
~g~~
go<=
g~~
-~>
"wg
'"
.. "
i g~
A
ii:!b II
,n,!,[ II I
(!fllf II~!
!!!i11':: l!~il!! \..\
lurf !.f .:,1 :It!l 'l.
~ !i!! ~____----/----/~------------- ~,
_~_- _/ \ ~ -0 "
_ _ ~;~=~_~- -""=--ttTt~"~/
~r;t~nl'I::::::::::::::::::~"( " /i11f:-'--" II ~ i" I' '
II f:l '. 'f.\I .
~__ II If ;11' i, fin I. -;'.
L= i ,f ,4! I i I ,~
, II J I ) I i "f:J+..,.---
- ---j- - ' ,-'" "..
,,/1 .... II "'_ ~"I ---i--1':::Y ,\~
/ r-J (-----,,// ---,,--/y-', '
A!ipr I II 1 'il I ; 1'1
"'(.1\ I~' II i ~-!. -"
1!111~~'11 I II ' r I!' '" 1
V 0; "" . I- -----, 0--' -' i -!if'
,_~..~ T10:"::: .::::.>>> I .. ~'i I~! l' /
Ii', i ~ "
".'_" . i :) / /
" ' , ';f 'I
II ~[l'1 i - i~ /j!)
" _ ,J/f"
.. 'III: .,# v' ,
'':1, {Jr' i'r r -' . -, (/
',. I ~ H I i "'/! '.-"'-1
/\.'; /., I I f/.tJ!'I~: Iii:,
I iiI! ~Il . :!I"
r, 11"" 'II! I ": ,Il'!~
I '. "It 'I : :.. .! v
~\\,"lll~ ~I! : 11il
I' J"', A ~f!:1 F
---:-..-J? /1 iL I : I /
l -_/--::--=-~ . ! : '1/
I :. .-:;" ..,.:.:;....., '. I/--.
, ", .." . . ' '
. ,,_ ,__ _~~ ,,/_ -. 'I
, '_,' - .,.iiiifff,?,;;;r5"",~~;,.".,..-f
.. '_---- -.--'r ~.~._'~'~' / /: r-
.,.,..-:;:.-_ _,_ ~~_'c/-_/~Y! (; "
/__/_<~ ....J:,----r:':~--.--'<'..--;;;){ \ Ii I! \
;..-.,,____---.~''';-,.~'j..-r:-1----.---------- / /' \:!! J
~..~ , _.._ - , ' ~ I" I' I
'-"-~r-~;:::;-':':--'''-~"O- d : / \":'
......-..-.. 'I. I,:i '
: J!" / I Ii
, I' r /' i'
',\ 1/11' j / /. ,i
\\ mrpl / . i:
.fl;.I'1 / I "
~ .,/ t I !
Y i ~i,'~: "
/ ~i";"*d'
/ .: ' j? '"
'It' :;.,
I'
.1
II
\.-..
Exhibit A
Page 1 of2
Vanasse ..
Daylor . ~..L- l~-
~=J"""- -v,-'
_.__ IIIl!iiiiii :.,':;:.,_ ~l. ~
J~,.B ._""'.,.. """~".. LID
-."""..::....""'- - (:!;j,;:~''''-'"'''"
I'liul rw.v~..., __~~oo.
~:-~\. ~ ':.....- ..
_...:>S:. ; ~.:: .:: -..e_
'"': 1'.Jol' . ~:;::: "'" .=-:'':'"''''''''''''''''''
::: ...~ ' _.._ ::: _;::=ft:-=
- ::::: .~.~::::::::::,':':
~~~
~,
c..I1:.;~r~~'8
l;,fIlJrido .t~.2!!l
~
~)..
<~
"'....
~Cl
elk
"'"
cE~
u.,
~
'"
I::
ei
~
'"
~
'"
~
~
I::
ei
g,
2:
I::
eJ
g,
it
b
'"
Lu .
'-
<:..J "'
<: ~
:3;
Q::
~
a (.')
<:
<;, ---
i Q::
~ ---
, ~
<l
E 8
a
R
~ Q::
~
~
-g S2
Cl.
.2
.~ <:..J
~ OJ
'"
i---::
Lu
V;
It..
a
-.J
--- ...
~ :> 00
~
Lu ~@ ~
r--
CJ '3 ~
~ :I: ;:0
U",Q
<:g
<9 ...r.10
:gt:Q~
....;..""
....-(<000
~ ' 00
~i<lN~
<~8
-.b>O:U\O
g;:;e;~
"'0 0 E-<
<:s~<
:>- p.,Q
, ~..::;.
u.,
~
~
'0078 <J:IM01
01 S1773&l
>I[)V813S ..<
e
~
;;
~
.2
.~
'"
.
!::
.~:~.
"
\
;.
~
'-
.- '"
o. ~.
'- " 'i "'
, .- "
i 0: 0
~ 0
" ,'. .<r, 'i
'i ~~. " <r,'"
.-.-.
f . '" .
t;j ,.
,
~ ~
",,;
.'
Exhibit A
Page 2 of2
d04-.,...""" ~"c.... """,~",.,~ '<;.._
"781~
1781
LEGAL DESCRIYfION
("SCHEDULE A" CHICAGO' TITLE INSURANCE COMPANY, COMMITMENT No.
24040B575. OATED 11/0B/04.)
LOT 6, AND THE NORTH 100.00 FEET OF LOT 5, BLOCK A, BAKER CARROLL
POINT, UNIT NO.2 AS RECORDED IN PLAT BOOK 8. PAGE 62, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: "
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, RUN SOUTH 14'49'20"
EAsr 362.09 FEET ALONG THE \\EST RIGHT Of WAY LINE OF GULF SHORE .
DRIVE THENCE NORrH 89'52'20" II{:ST 5BO FEET MORE .OR LESS, TO THE MEAN
HIGH WATER LINE OF THE CUL, OF MEXICO; THENCE .NORTHERL Y 400 fEET. '..
MORE OR LESS, ALONG SAID MEAN HIGH WATER LiNE TO THE NORTH' LINE Of
.SECTION 29 TOWNSHIP 4B SOUTH, RANGE 25 EAST, THENCE SOUTH 89'52'20' .
. EAsr. 365 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO THE WEST
RIGHr OF WAY LINE OF STATE ROAD S-B4B. T!"ENCE SOU14 14'49'20" E, 41.40.
FEET ALONG SAID II{:ST RIGHT OF WAY LINE; THENCE 50U1I1 B9'52'20" EAsr,
217.29 FEET ALONG THE SOUTH RIGHT OF WA.Y LINE OF SAID STATE ROAD TO
THE POINT OF BEGiNNING. ..
PER "EXHIBIT B, SECTION 2", CHICAGO 'TI.TL~ INSURANCE. COMPANY.
COMMITMEN~ No. 24040B575. OATEO 11/08/04.. THE PROPERTY SURVEYED
HEREON IS SUBJECT TO THE FOLLOWiNG MATTERS OF RECORD,
['U] INDICATES EXCEPTION NUMBER
['5] MATTERS SHOWN ON THE PLAr Of BAKER-CARROLL POINT UNIT NO, 2. A
SUBDIVISION RECOROED IN PLAT BOOK B.. PAGE B2, PUBLIC RECORDS 0,
COLLIER COUNTY, FLORIOA. (DEPICTEO HEREm-i). . . .
['6] LICENSE AGREEMENT RECORDED IN OFFICIAL RECOROS BOOK 1724, PAGE.
14, PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT)
['7] LICENSE AGREEMENT. RECORDED IN OFFICIAL RECORDS BOOK 1724. PAGE
21, PUBUC RECORDS OF COlliER COUNTY, FLORIOA. (NO! POSSIBLE TO PLOT)
['8] LICENSE AGREEMENT RECORDED IN OFFlCIAL RECOR.oS BOOK 1724, PAGE
28, PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. (NOT POSSIBLE TO PLDT)
{'9] TEMPORARY BEACH R.EsrORATlON EASEMENT GRANTED TO COLLIER
COUNTY BY INSlRUMENT RECORDED IN OFFICIAL RECORDS BOOK 2D89, PAGE
1560, PUBLIC RECORDS. OF COLLIER COUN TY, FLORIDA.' (NOT POSSIBLE TO
~~ .
['lDJ TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLLIER
GDUNIY BY INSTRUMENT RECOROED IN OFFICIAL RECORDS' BOOK 3634, PAGE
1560, PUBLIC RECOROS Of COLLIER COUNTY, FLORIDA. (HOT POSSIBLE TO
PLOT)
('15J COASTAL CONSTRUCTION SETBACK LINE. CREATEO PURS\!ANT TO FLORIOA
srATUTE 161.053. AS SHOWN IN COASTAL SETBACK LINE BOOK 1. PAGES 1
THROUGH 69. PUBLIC RECOROS Of COlLIER COUNTY, FLORIDA. (DEPICTEO
HEREON)
('16] LEASE BETWEEN VANDERBILT BEACH ASSOCIATION. LTD. AND AMERIVEND'
CORPORATION OATED JANUARY 7. 1998 AS DISCLOSEO BY THAT MEMORANDUM
OF LEASE RECORDED IN OFFICIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC
RECORDS OF COlLIER COUNTY. FLORIOA. (NOT POSSIBLE TO PLOT) .
EXHIBIT B
~"'III
CONDITIONS OF APPROVAL
V A-2006-AR-l1064
The foregoing variance petition approval is subject to the following condition:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay
Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach
Tower Detail of Setbacks for Variance Request," last revised June 23, 2008.
Revised 7/28/08
EXHIBIT C
Page 1 of 1
~'~7 8 ~i
Teresa L. Polaski
From: RamirezHeather [HeatherRamirez@colliergov.net]
Sent: Wednesday. November 05. 2008 10: 15 AM
To; Minutes and Records
Subject: VA-2006,AR-11064 Adverlising
Attachments: V A-2006-AR-11 064 Legal Ad .pdt; V A-2006-AR-11 064 Resolution .pdt
Here is another petition for advertising for the December 2nd BCC. Please make sure to use the Zoning
account number: 068779. Also, there is another petition following that has the same title but a totally
different petition number.
Please make sure that they both get advertised. There were some NDN issues with the advertising for
CCPC with these two petitions.
Heather L. Ramirez
Planning Technici,JIl
Zoning & Land Development Review
Ph: (239}252.2930
Fax (239)252"6366
{'!H;li j: HeLlth('rRdnlir(~z(i.DcOJliergov,net
1115/2008
"78
Account #068779
November 5, 2008
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: Petition V A-2006-AR-ll064: Moraya Bay Beach Club
Dear Legals:
Please advertise the above referenced petition on Sunday, November 16,2008 and
kindly send the Affidavit of Publication, in duplicate, together with charges involved
to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O./Account # 4500094189
NOTICE OF PUBLIC HEARING
."'" 7 B 1ft t''1'
Notice is hereby given that the Board of County Commissioners of
Collier County will hold a public hearing on Tuesday, December 2,
2008, 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. The title of the
proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2006-AR-
11064, REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS
SPECIFIED IN SECTION 2.03.07.L.6. OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAL
TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH
RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: 1)
BUILDING SEPARATION DISTANCE; BETWEEN THE TRELLIS AND THE
PRINCIPAL RESIDENTIAL STRUCTURE FROM THE REQUIRED 1/2 THE SUM
OF THE TWO BUILDINGS TO ALLOW A 25 FOOT SEPARATION DISTANCE
(A REDUCTION OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT-
OF-WAY): FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK
FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10-
FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING
SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED
PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPERTY LINE
(ALONG BLUEBILL AVENUE) STRUCTURE FROM THE REQUIRED 1/2 THE
SUM OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION
DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN
THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE
VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT
(VBRTO), LOCATED AT 11125 GULF SHORE DRIVE ON SOUTHWEST
CORNER OF GULF SHORE DRIVE AND BLUEBILL AVENUE IN COLLIER
COUNTY, FLORIDA.
Petition: VA-2006-AR-11064, VI Partners, LTD and Collier County
Parks and Recreation, represented by Richard Yovanovich of
Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A.,
requesting variances for a trellis structure as specified in
Section 2.03.07.L.6. of the Collier County Land Development Code
(LDC) for a property in the Residential Tourist (RT) zoning
district and the Vanderbilt Beach Residential Tourist Overlay
District (VBRTO), as follow: 1) from the required 45 feet for the
trellis to the principal residential structure, to allow 25 feet;
and 2) from the required 50 percent of the building height but not
less than 30 feet for the trellis to north property line, to allow
10 feet; and 3) from the required 50 percent of the building
height but not less than 15 feet for the trellis to the public
restroom building, to allow 10 feet. The subject property,
consisting of 5.14 +/- acres, is located at 11125 Gulf Shore
Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in
Section 29, Township 48 South,
Florida.
~7B
Range 25 East, Collier County,
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 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
(SEAL)
Dwight E. Brock
Clerk of Courts
'eoNnty:orC'611ier
\...' ,
CLERK OF THE GIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI ~IL EAST
P.O. BOX 413044
NAPLES, FLORIDA~4101-3044
7Bt111
IL
''''Vi.'
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 5, 2008
Mr. Richard Y ovanovich
Goodlette, Coleman, Johnson Y ovanovich and Koester, P .A.
4001 Tamiami Trail N., #300
Naples, FL 34103
RE: V A-2007-AR-ll064, Moraya Bay Beach Club
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 2, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 16,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
eo~fy-:ofeollier
'.....,,<' "'
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY (:oUR1HOUSE
3301 TAM]AMIT~]L EAST
PO. BOX 41.3044
NAPLES. FLORIDA '34 101-3044
78 l'
..~
~,(;::
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
November 6,2008
VI Partners, L TD
800 Laurel Oak Drive, #300
Naples, FL 34108
RE: V A-2006-AR-ll064, Moraya Bay Beach Club
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, December 2, 2008, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, November 16,
2008.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
{5~ ';teL
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
. 7B~1
Teresa L. Polaski
To:
Subject:
legals@naplesnews.com
V A-2006-AR-11064
Attachments:
VA,2006-AR-11064.doc; VA-2006,AR-11064.doc
Legals.
Please advertise the following on Sunday, November 16, 2008. Thanks
tffi .~
C:::J
~
VA,2006-AR,ll06 VA,2006-AR,l106
4.doc (26 K6) 4.doc (31 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 laski@collierelerk.com)
1
Teresa L. Polaski
r 78'11II
From:
Sent:
To:
Subject:
poslm aster@collierclerk.com
Thursday, November 06,200810:47 AM
Teresa L. Polaski
Delivery Slatus Notification (Relay)
Attachments:
ATT91114.txl; VA,2006-AR,11064
1":'1..........
~
r~~-~~I
L::..J
4 TT91114.txt (231 VA,2006-AR,1106
B) 4
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
1
V A-2006-AR-I1064
Teresa L. Polaski
From:
Sent:
To:
Pagan. Emely [EPagan@Naplesnews.com]
Thursday, November 06,2008 11 :29 AM
Teresa L. Polaski
Subject: RE: VA-2006,AR-11 064
OK
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Thursday, November 06, 2008 10:47 AM
Posted To: Legals - NDN
Conversation: VA-2006-AR-ll064
Subject: VA-2006-AR-ll064
Legals,
Please advertise the following on Sunday, November 16, 2008. Thanks
<<V A-2006-AR-11 064.doc>> <<V A-2006-AR-11 064.doc>>
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 laski@eollierelerk.com)
11/6/2008
Page 1 of1
, 78~~
, 7 01_;
"
Teresa L. Polaski
From;
Sent;
To:
Subject:
Pagan. Emely [EPagan@Naplesnews.com]
Thursday. November 06, 2008 3:32 PM
Teresa L. Polaski
Ad Confirmation
Attachments:
UAS7BD.jpg
!iI
UAS7BD,jpg (129
KB)
VA-2006-AR-11064
Thank you for placing your ad.
Date 11/06/08
publication NDN
Account Number 744102
Ad Number 1752949
Total Ad Cost $512.50
1
NOTICE Of PUBLIC HEARING
Notice Is hf!rebY given that the Board of County
Commiss'toners of Collier County will hold a publiC
hearing on Tuesday, December 2. 2008. In the
Boardroom.3rd Floor, Administration Building. Col~
ller County Government Center, 3301 East Tamlaml
Trail. Naples. Florida. The me~ting will begin i-'t
9:<lO A.M. The tItle of the proposed resolution Is as
tollows:
, 7 B "11
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, I1ELATlNG TO PETI.
TION NUMBER VA.200G.AR.l1064. REQUEStiNG VARI-
ANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN
SECTION 2.03.07.L.6. OF TH~ COLLIER COUNTY L.AND
DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE
RESIDENTIAl. TOURIST (RT) ZONING DISTRICT AND
THE VANDERBILT BEACH RESIDENTIAL TOURIST
OVERLAY DISTRICr (VBRTO). AS FOLI.OWS: 1)
BUILDING SEPARATION DIS1ANCE; BETWEEN THE
TRELUS AND THE PRINCIPAl. RESIDENTIAl. STRlIC.
rURE FROM THE REQUIRED 1/2 THE SUM OF THE
TWO BUILDINGS TO ALI.OW A 25 FOOT SEPARATION
DISTANCE (A REDUCTION OF 25 FEET 4 INCHES): AND
2) FRONT YARD (RIGHTOF,WAY): FROM THE MIN.
IMUM REOUIRED 30.fQOr FRONT YARD SETBACK
FOR THE TRELLIS TO THE NORTH PROPERTY LINE.
ro ALLOW A lO-FOOT SETBACK (A REDUCTION or 20
FEED: AND 3) BUILDING SEPARATION DISrANCE: BE
TWEEN THE TRELLIS AND THE PROPOSED PUBLIC
RESTROOM BUILDING ALONG THE EASTERN PROPER.
TY LINE (ALONG BLUEBILL AVENUE) STRUCTURE
FROM THE REQUIRED 112 THE SLIM OF THE TWO
BUilDINGS TO ALLOW A 10 FOOT SEPARATION DIS-
TANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A
PROPERTY IN THE RESIOENTIAl TOUHIST (RT) ZON-
ING OISTRICT AND THE VANOERBII. T BEACH RES I
DENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LO.
CATED AT 11.125 GULF SHORE DRIVE ON SOUTHWEST
CORNER or GULf SHORE DRIVE AND BLUE.BllL AVE.
NUE IN COLUER COUNTY, FLORIDA.
Petit"lon: VA.2006.AR" 11064. VI Pt:l.I1:ners. l TO and
Collier County Parks and Recreation. represented
by Rk'hard Yovanovich of GQodlcttc. Coleman.
Johnson, Yovanovlcl, and Koester. P.A., requesting
Vi:lriances tor a trellis strudure 'iI.S ~pecjfiecl in Sec.
tion 2.03.07.l.6. of the Coll"lef County Land Develop.
ment Code- (LDC) for a property in the ReSidential
Tourist (RT) zoning dlstnct and the Vanderbilt
Reach R€:!sidential Tourist Overlay D"L5trict (V8RTO).
as follow: 1) tromthe required 45fect for the trellis
to the principal residential structllre. to alluw 25
feet: a.nd 2) from the required 50 pp.rcent of the
build'lI1g height but not less tllan 30 feet .for the trel-
lis to north property line, to allow 10 teet; and 3)
from the required 50 percent of the building height
but not less than 15 feet tor the trellis to the public
restroom building. to allow 10 feet. The subiect
property, cOllsistlng of 5.141 /. acres, IS lo(".ated at
11125 Gu1f.Shorc DrIve. on the cornel" of Gulf Shan:
Drive and Bluebill AvenlJl?, In Sectlon 29, Township
48 South. Rang(' 15 East. Collier County. Florida.
NOTE: All Persons wishing to spe;lk 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
minutes on any item. The selection of an individual
to speak on IJehe.lf of an organization or group Is
encouraged. If recognized by the Chair. aSr:Jolo.(~s'
person for a group or organization m<1Y be allotted
10 minl.ttes to speak on an item.
Persons wishing to have written or graphic materi.
als included In the Board agenda packets must
su.bmlt said material a min'lIT1l1lT1 of 3 weeks prior to
the respectlve public hearing. In any case, writton
materials intended to be cOl1sidered by the Soard
shall be submitted to the appropriate COlJrtty staff
a minimum of seven days prior to the public hear-
Ing. A1I1l1ater'Ialused In presentations before the
BOi,rcl w'lll be<:ome a pemlan~nt part of the recQrd.
Any person who de<:ides t() appeal a deCision of
the Board will need a record of the proceedings
pertaining therdoand therefore. may need to en.
SLlre that a verbatim record of the proceedIngs is
made. which reCQrd include.!.> the testimony and
evidence upon which the appeal "IS based.
If you are a person with disability who needs .any
acconltl1odation in order to participate in this pro-
ceed lng, you are entitled. at no cost to you, to the
provision of certain assistance. Plea.se contact the
CelHer County Facilities Management oep'artment,
I()cated at 3301 Tamiarn't Trail East, Bl.llldil1g W.
Naples. Florida 34112, (239)252.8380: Assisted lis-
tening devices forlhe hearing impaired are avail.
able 1n the.County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING. CH^II~MAN
DWIGHT E.BRDCK, CLERK
By: Teresa Polaski. Deputy Clerk
(SEAl.)
November 16 NO. 1752949
VA -2.-tJ:io-11f-- \\bbY
7 B '''41
. 7 B\~~~
Patricia L. Morgan
Cc:
Subject:
DeselemKay [KayDeselem@colliergov.net]
Friday, November 14, 2008 3:59 PM
Ramsey, Marla; McAlpinGary; Williams, Barry; Ashton, Heidi; Bellows. Ray; Brock, Mary;
CasalanguidaNick; ClevelandSimon; Debres, Dustin; Feder_N; Filson, Sue; IstenesSusan;
Klatzkow, Jeff; McgonagleMichele; Minutes and Records; Phillips. Sharon;
PodczerwinskyJohn; Puig. Judy; RamirezHeather; SchmittJoseph; Student. Marjorie;
WilliamsSteven
Richard Yovanovich; karenbishop@pmsnaples.com
12/2/08 BCC hearings--CONTINUANCE REQUEST--Moraya Bay Beach Club Conditional Use
and Variance and Public Restroom Conditional Use petitions
From:
Sent:
To:
See message below. This continuance affects the following three petitions:
CU-2008-AR-13201
CU-2006-AR-11046
V A-2006-AR-11 064
Kay Deselem, AICP
Zonin9 & Land Development Review Department
Community Development & Environmental Services Division
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239.252.2931
Fax: 239.252.6357
From: Jennifer Castillo [mailto:jennlfercastlllo@pmsnaples.com]
Sent: Friday, November 14, 2008 3:52 PM
To: DeselemKay
Subject: Moraya Bay
Kay,
As discussed on the phone the applicant for the Moraya Club, Public restroom & the Variance
would like to move the hearing from 12/2 to 12/16. We will get you the offical form by
Monday.
Thanks,
Jennifer Castillo
PMS,Inc of Naples
239.435.9080 ext 6
~7B
Naples Daily News
Naples, FL 34102
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
59540804
4500094189
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as Assistant Corporate Secretary 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 she 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:
11/16 11/16
AD SPACE:
FILED ON:
220.000 INCH
11/17/08
--------------------------------------------------+--
Signature of Affiant
/i. /(
~
, !?(1
-~~
NOTICE OF PUlt.JC HlAR1N~
Notice Is hereby gIver. that t"-
Commissioners of COli county I
heariog 01'1 Tuesl;fw,_ ' bir 2
Boarclroom, 3rd Floor, A on
lIer County, Government Ce - l' Eat ami
TraU, ~1'$, Florkti.. _ The wRl In at
9:00 .A.M. The title of the prop - c:m 'I as
folloWS: .
A RESOLUrlON OF TIo!E BOARD O~lO INQ APPEALS
OF COLLIER. COUNTV. FLORIDA, Q TO i'ET1.
rlON NUMBER VA'__~-1I1l64. E NQ VARI.
ANCESFOR A. TRELLIS AOCTURE IFlED IN
SECTION 2.03.07.L.'. OF HI COl.l.1ER TV LAND
DEV!l.OftMENT CODl (t.DC) FOIt A PRO . IN THE
RESIDENTIALTOURIST~(R ZONllieT AND
THE VANDER8lLt - - -RI : ALTOURIST
~I~ f~~T~RICilr):8D1S kN~.--: -'i" -I..O~jTJ€
TREI.L1S AND.. !]NCIPAL. I . .. STRUC-
TURE FROM TH RE IRED 1/2' .OF TH'
TWO BUll-PINGS TO LOW A 2l.Foot . RATION
DISTANCE (A REQUCn N OF 25 1!EET1i' N ;I' D
2) FRONT YARD (RIQHT'OF'W~' FEIN.
IMYM REOUIllED >>_T PI T. It;
FOR THE. TRIELLIS TO THE N .. Lf IE.
TO ALLOW A WFOOT SETBACK ~ ON OF 20
FEET); AND 3) BUILDING $!PARA: . .. . eEl H-
~ E. N TIo!' TM,US AND TIo!E' RDPCIS 'PIIlll.te
M 1lIJ1U\lINQ ALONQ T T R.
UNE (A'OND 1L1IUllJ. ) RE
FROM THE .ECIlIIRED 1/2 T . 0
Nil. . TO Al.l.OWA'10 DIS.
rA RED\lC11llN OF .f!A
IN THE _ .. QH.
I QlSTIlICT AND THE ' I-
DENTIAi. TOM. ERLA . LO.
CATiO AT 111 ,SHORE ON:: war
CORNER OF OIl iOllE. DRIVE AND Ill. LL AVE.
NUE IN COLLI. I . m. FLORIDA. ,
Petition: VA-2006-AR-1t0tiK VI . Partnl1'l. I.TD. "and
Collier County Parks and' RecreatIOn, ~
by Richard Yovanovlch of, Ckiodtette.. COIWUn.
Johnson.. Vovanovlch and KoI..... ,P.A. . ~utlng
variances for a trellis structure .. s~)f1id In Sec-
tion 2.<l3.D7",L,6. of the Collier COI.lntyLand 'DeV8ii'
ment code (LDC) for a property In the. A.sld I
Tourlst (RT) zoning district and the Vande lit
Beach Residential Tourist Overlay District MRTO).
as follow: 1) from the required 45 feet for the trellis
to the prlncl~ residential structure. to allow 25
feet; and 2) - from the requlrect50 percent of the
building height but not less thut30 feet for the trel.
lis to north PI'QP<<W tint; to 4lfow 10 feet; and 3)
from the requlred!lO 08r'Cent of the bUlldmga
but not less than 15 fie1l fOr the trellis to thll. Ie
restroom building. to' allow 10 feet.. T~. Mleet
PrOPertY. COn5.lstlno of,5.14 +/- aeres'f.,tocated. a'
11I25 "ulf 5110" Drl'." on 'n" \:01'110< of G.'.'~{8
Drlvfand erutbillAv-.nue In..n 29,To ,IJP
48 SOUth, Ran.. 26~. ColllercounlY,f!or... '
NOTE: All P_IIS. wl,",n~ '" _k.,,", .,,~. endo
ittlTirnust~~wlth th.,~ ..tL~....... . to'l'
~~~. PI~Qft!!~k":JWJII'~I~~... to~'
mln_ on '"~. -It....~ "'"on. an -Indlvlduat
to SPHk on ' alf of -.n .. 11 or QrOi!ts
encouraged, recognIzed by .. IrJ. s.
person for a group or organlZa'Ion mat... otted
10 mlhutesto 5PMkol:'18nfttm; .. .,','...-..
:r:S~;kl~~$:I~. ~h~I~~. _"!~."I:'.i ...:~
submit satd materlat l. mlnlmlMl'lhn'~ .
~.a.t~~.r.' 1~v:nt3n~o~~risl_ln' _ .,:. '. "1... .
shall be submitted \0 the appr .. .' ,'sti:
tt~,~~U~=ett
. Qrliii/':.' nw.rrrO~I:un:rrn.:.p~I:~~r,r:
ntna 'he..", and th"'~~..R_"n.
~ tha.( a Yer'ba.!!.'] =~~1m;::~~J3
::V~:nc=~Ch1nt~=Is~ :t Y ,
if you .re a. person ! dliabllJty who nHds MY
accommodation In or . r to partlclpate In "this ,pro.
ceedt~, you are entl eel. at no ~It to you, to, thtl
~.~tD8 of &1. ,In. ....,~e. "i:"n'=~
_ ' . (239)252-, oUslSted 11.-
=1, ;.. =,,~~.... avail.
I~.~II::"" .....
(SEAL) . ... . .
Nnvlllmba,.1~ ~.. f"'~
Personally known by me
c ' .~...'U...'\..,--\
Sworn to and Subscribed before me this -..::kc'\4\ day of J '.'."'11'_ ~.ll~eO '\1
(}.. C 1'1' ljov-..~a ChANEL A. MCDONALD
:"k:' 'H~ ommlSSlon DO 650475
~j.. ; I Expires June 29. 2011
":thtr,,tl\' BonOOdThruTroyFalnlnsurarn:eSOO-3fl5..7019
"'78
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded [0 the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the
exec tion of the Chairman's 5i ature, draw a line thrau h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
List in mUlin order)
1.
I~ h'\ log-
2.
3.
4.
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 of the original document pending BCe approval. Nonnally 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 Chaimmn's signature are 10 be delivered to the Bee office only after the Bee has acted to approve the
item)
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was December 16, 2008 ,q Agenda Item Number 7.B.
Annroved bv the BCC
Type of Document IResolution /)O~/ o1tp Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents 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
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the finalne otiated contract date whichever is a Iicable.
"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 be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on December 16,2008 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chao es, if a Heable.
Yes
(Initial)
N/A (Not
A Iicable)
~
2.
~
~
3.
4.
5.
~
6.
I: Forms! County Forms! BCC Fonns! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05. Revised 2.24.05
"'7 B I
RESOLUTION NO. 08-.12li
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
V A-2006-AR-l1064 REQUESTING VARIANCES FOR A TRELLIS
STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A
PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND THE V ANDERBIL l' BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE
REQUIRED Y, THE SUM Of THE HEIGHT Of THE TWO BUILDINGS
TO ALLOW A 25 fOOT SEPARATION DISTANCE (A REDUCTION
OF 25 FEET 4 INCHES); AND 2) fRONT YARD (RIGHT-Of-WAY):
FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD
SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO
ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE
EASTERN PROPERTY LINE (ALONG BLUEBILL A VENUE)
STRUCTURE fROM THE REQUIRED Y, THE SUM Of THE HEIGHT
Of THE TWO BUILDINGS TO ALLOW A 10 fOOT SEPARATION
DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A
PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND THE V ANDERBIL l' BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125
GULf SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE
DRIVE AND BLUEBILL AVENUE 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 No. 2004-41, as amended) 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of
the Collier County Land Development Code (LDC) for a property in the residential tourist (R 1') zoning
Revised 12/17108 - V A,2006-AR,II064 (HFAC)
Page I of3
78'
district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building
separation distance: between the trellis and the principal residential structure from the required Yz the sum
of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches);
and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the
north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance:
between the trellis and the proposed public restroom building along the eastern property line (along bluebill
avenue) structure from the required Yz the sum of the height of the two buildings to allow a 10 foot
separation distance (a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning
District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached
site plans, Exhibit "A," for the property hereinafter described in Exhibit "B," 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 Subsection 9.04.00 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-2004-AR-lI064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson,
Y ovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI
Partnership Ltd., with respect to the property hereinafter described in Exhibit "B" be and the same hereby is
approved for I) building separation distance: between the trellis and the principal residential structure from
the required Yz the sum of the height of the two buildings to allow a 25 foot separation distance (a
reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front
yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet); and
3) building separation distance: between the trellis and the proposed public restroom building along the
eastern property line (along bluebill avenue) structure from the required Yz the sum of the height of the two
buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the
Revised 12/17108 - V A,2006,AR,11064 (HFAC)
Page 2 of3
78'
\
Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District
(VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the
conditions shown in Exhibit "C."
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2006-AR-
11064 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
\lo{h
day of l)OrgmW,2008.
ATTES.T,' ': ': "
DWJ6HT E. BROC!$., Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
A ".to Chat
11onatureanr"
Approved as to form
and legal sufficiency:
dlJ~' A- C/ro
Heidi Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit A: Site Plans
Exhibit B: Legal Description
Exhibit C: Conditions of Approval
Item # ,B
Agenda ~~
Date
Date ~
Rec'd
(
Revised 12/17/08 - VA,2006-AR,11064 (HFAC)
Page 3 of3
-,>........_~
~....""........"'........._-
O'"lJE:<
~~o~
~i;l~!;l
eG~~
;:;;~to::tl
~g~=
t.I~~
gt:t$"'"
-~>
:::~g
~ ()
~ t"
~ a~
~ '$
~
,
i
...
m
iii
fl'
l,f
:1
,
! Vanasse _
Dayler - S
_._... iir....-
/,torlya Bay .-:.;.."'"':"'-
~Sb~r:"TOIIW
._ (t.t.er..fortAmI
7B
rm)! II
i~!ll 11,1 I
![l;!l>l" ;tHilll \.:<
1''' I '" ", "
----~:~~-~~\=----~~/===-~~;;:~-: p'
_ _ _ _ _ ~~--- _/- __---tr, t~-~'-
~;f;~~cr~~:::::::~::::~::::::::(~-::'lll//'i n"" .
___ 11.1 ' I 'IJ I I'i .
~I ,,111 'I, lill Ii."
. "__ II II ~lli I' 'j'i I;' "'"
L- I" )' ,- I; ,,",".,,..-'
a J I i ....-;;~,1-'~1
/ '-"r . ' ).1'# '&~.
Ii"';;" ,I .....1 r-//.--~/r I ,! '.0
"'~~ I:' ~ ,~ '"
';!II ;~ 'Il/ I . I , : .' .I-...J,-
,.,', ..d"'" ,,'
._ f' ; '. .' i ~ I '
1,'.IO"i 111,;0:.0 I '.}1!1'~ ><
I' ' ,.' .. '
i.' ... I ..!i' ..;,.-'.1;" II"', /1 11111/
jllfi~11 ,; 'i:"":I#
',\ ,,1111 :ltl~ I -i I ',{ i.
w. [" 'i ",., v
\i&.[U' i~,,/[:i'f
/\\' I ; : I ~f!iJgl=X/!flit
I . ~ II! I'" I I"
. lIl' ., ,,' .'-
I ~\\...11~1 .,1 :: 111
.' I 'I' ./
,.. .F>.........n s! :/ /-
-~_../t fL. i :' I
l __ c;:/ . c~~,'i t:~.
,__ ~_:>'-' ..~"~.,, i' ..
; . ,. ::::c:~~5.""C~c"'c.:/~.../
. ~':~"'''''';.._-- .__,-,-.....,....... /1
__; _,~_--- _,-'- ' I .
.. ' ..---- ~,-.-.-.-. '-:::._--~ , I' (,-'
-------- \ --~---:-/ . .. y ,"-
__~- \..--_ , ?' ...--:-JJ/ \ : I : \
/~_/-<-:J-'\....J.f~f. ' ~-- __---....'>Y. . \ Ii i \
. ____~Y..-;,:-',/'L-- __---------- I I <:!: I
~::-~rl/"-':~/' -. I' Ii I' '
./// ", "",
I I' / I I~
I ) , ..
,I . lr!'~[ . / ' i;
.~\ i.I,.,tiri / I i~
, ~1:ln / I ~t.!~: '"
II. ~;.', ~*cr
/ .:' '" ~
I "Ill; ~
,
!I
"
\.-...
Exhibit A
Page 1 of2
~s~:: ; 7::.- ~ -
_ J ..~,...: "'" __aoclU_
r',,' . '~I.lV ... ----..-"
..,.,..... J .~,_ _ _...._<=OlUlI_-
_ .'11I':: ..... __':_"ClI<MrY~
-..... ..........-=
~
-.J
r:
f5 "
~ 'I(,-,
g: '\
""
~
'-
-\
~
"
\:!>-
,,;l!
"k.
&50
Co...
":t:
"(j
Qli;'
(::
es
Q.
~
lu
~
"
Co ..
i';
"
(::
f5
~
g:
..~ .;
. ~..;:j'
;
,
'0078 1d3M01
01 S1773/J1
>!:JV8J.3S . qi:
8
.,
; lu
" ~
" "
.; <.>
i ". .
" ~. ,
, v,-
~. .,
" ...~'.~
.
.' .cJ ,.
'" ~
.'
, .
. ,
."
Exhibit A
Page 2 of 2
~7B
~-
,,~
il
lu ,
:..
\..) ~
<: ~
~
0:::
~
Of)
'" \.:)
~ C>
~ <:
t; ij, --
.s C> ~ 0:::
~
~ '" --
:c ~ ~
" ~ -Q
0 ~ 8
~ .c.
~ - e
.
e 1;;
t; "- ~ 0:::
.<:). '" ~
c
.~ 15 -g ~
"- 0 "-
II II II
~ ~ .~ \..)
. OJ ~ Q5
" " "
8@6!
J--.::
13 lu
~ V)
"
Q: It..
;i;
~ C)
...
[Q --J
"
-- ...
~ ;> co
~
lu ~~ :;!
CJ u S
~ =
u..,Q
...::g
<8 "'~Q
;g=a
=~~oo
~ ..oo(co
~=...~
<~8
~;>tU\C
g~e;~
....oOE-<
~:gg:~
"Gf~"wdllS:5b"C8OOt/ll119'e..v'CdS-~Il\H(\-~'eCllUOa\~:~
LEGAL DESCRIPTION
("SCHEDULE A" CHICAGO'1lTLE INSURANCE COMPANY, COMMITMENT No.
240408575, OATED 11/08/04.)
LOT 6, AND THE NORTH 100.00 fEET Of Lor 5, BLOCK A, BAKER CARROLL
POINT, UNIT NO. 2 AS RECORDED IN PLAT BOOK 8, PAGE 62, OF THE PUBLIC
RECORDS Of COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: :'
BEGINNING AT THE NORTHEAST CORNER OF SAIO lOT 6, RUN SOUlH 14'49'20"
EAST 362.09 fEET ALONG THE WEST RIGHT Of WAY lINE Of GULF SHORE .
DRIVE THENCE NORTH 89'52'20" WE5T 580 FEET MORE. DR LESS, TO THE MEAN
HIGH WATER LINE OF lHE GULF Of MEXICO; THENCE .NORTHERL Y 400 FEET, ....
MORE OR LESS, ALONG SAID MEAN HIGH WATER LINE TO lHE NORTH LINE OF
SECTION 29 TOWNSHIP 48 SOUlH. RANGE 25 EAST, THENCE SOUTH 89'52'20' .
EAST, 365 FEET, MORE OR LESS. ALONG SArtlSECTION LINE TO THE WEsr
RIGHT Of WAY LINE Of STArE ROAO 5-846. THENCE SOU1<.J 14'49'20" E. 41.40.
fEET ALONG SAID WEST RIGHT Of WAY LINE: rHENCE scum 89'52'20" EAsr.
217.29 fEET ALONG THE SOUTH RIGHT Of WA/Y LINE Of SAID STATE ROAO TO
THE POINT Of BEGINNING.. .
PER 'EXHIBIT 8. SECTlQN 2". CHICAGO'TI.1I.[ INSURANCt COMPANY.
COMMITMENT No. 240408575. DATEO 11/06/04., lHE PROPERTY SURVEYED
HEREON IS SUBJECT TO THE fOLLOWING MA HERS Of RECORD:'
['IJ INDICATES EXCEPTION NUMBER
['5J MATTERS SHOWN ON THE PLAT Of BAKER-CARROLL POINT UNIT NO, 2. A
SUBDIVISION RECORDED IN PLAT BOOK 8.. PAGE 62, PUBLIC RECORDS Of
COLLIER COUNTY. FLORIDA. (DEPICTED HEREON).. .
['6J LICENSE AGREEMENT RECOROED IN OfFICIAL RECOROS BOOK 1724, PAGE.
14, PUBLIC RECOROS OF COLLIER COUNTY. FLORIDA. (NOT POSSIBLE TO PLOT)
['7J LICENSE AGREEMENT RECORDED IN OffiCIAL RECORDS BOOK 1724. PAGE
21, PUBLIC R;CORDS OF COLLIER COUNTY, FLORIOA. (NOT POSSIBLE TO PLOT)
['8) LICENSE AGREEMENT RECORDED IN OffiCIAL RECORDS BOOK 1724, PAGE
28, PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT)
['9J TEMPORARY BEACH R.ESTORATlON EASEMENT GRANTED TO COLLIER
COUNTY BY INSTRUMENT RECOROED IN OFFICIAL RECORDS BOOK 2089. PAGE
1560, PUBLIC RECOROS Of COlLIER COUNTY, FLORIDA. (NOT POSSIBLE TO
PLOT)
['10) TEMPORARY BEACH RESTORArlON EASEMENT GRAN rED TO COLLIER
COUNTY BY INSTRUMENT RECORDED IN OfFICIAL RECORDS. BOOK 3634. PAGE
1560. PUBLIC RECORDS Of COLLIER COUNTY. FLORIDA. (Nor POSSl8LE TO
PLOT)
['15] COAsr Al CONSTRUCTION SETBACK LINE, CREATED' PURSUANT TO FLORIDA
STATUTE 161.053, AS SHOWN IN COASTAL SETBACK LINE BOO~ I, PAGES 1
THROUGH 69. PUBLIC RECORDS Of COLLIER COUNTY, flORIDA. (DEPICrED
HEREON)
['16J LEASE BETWEEN VANDERBILT BEACH ASSOCIATION. lTD. AND AMERIVENO'
CORPORATION DATED JANUARY 7, 1998 AS DISCLOSED BY THAT MEMORANDUM
Of LEASE RECOROED IN OfFICIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC.
RECOROS Of COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT)
EXHIBIT B
~ 7 B
.. rill
CONDITIONS OF APPROVAL
V A-2006-AR-l1064
The foregoing variance petition approval is subject to the following condition:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay
Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach
Tower Detail of Setbacks for Variance Request," last revised June 23, 2008.
Revised 7/28/08
EXHIBIT C
"79
'I