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Resolution 1999-157RESOLUIION NO. 993 57 REI.ATIN(i TO PF. TITION NUMBER V-98-25, FOR ..\N AFTI':R-TllF.-FACT VARIAN('I:. PROPF. RTY IIEREINAFTER DF. SCRIBED COI.LII:.R COUNTY. FLORIDA. ON IN 2 WttEREAS. the Legislature of the State of Florida in Chapter 125, Florida Statutes. has conferred oll all counties in Florida thc power to establish, coordinate and cnfi)rcc/oning and such business regulations as arc necessary for thc protection of the public; and W}IERE:\S. thc County pursuant Ihercto has adopted a [.and Development ('ode (()rdinancc No. 91-102) which establishes regulations for thc zoning of particular geographic divisions of thc County, among which is the granting of variances; and WHEREAS, thc Board of Zoning Appeals, being the duly elected constituted Board of thc area hereby affected, has held a public hearing after notice as in said regulations made and provided. and has considered thc advisability of a 5-foot variance from thc required front yard setback of 31~ fleet to 25 fcct as shown on thc attached plot plan. Exhibit "A". in an RSF-3 Zone for thc 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 tile Zoning Regulations of said Land Development Code for thc unincorporated area of Collier ('ounty: and WItEREAS. all interested panics have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW TItEREFORE BE IT RESOLVED BY TIlE BOARD OF ZONING APPEALS of Collier County. Florida, that: :' Tile Petition V-98-25 filed by Todd Nicusanti of Nicusanti Building Corporation. representing Curt A. Sahlsten. with respect to the property hereinafter described as: Lot 6. Johnnycake Cove. Plat Book 28. Pages I and 2 in the Public Records, Collier County. Florida be and the same hereby is approved for a 5-foot variance from the required front yard setback of 30 feet to 25 feet as shown on the attached plot plan. Exhibit "A". of thc RSF-3 Zoning District wherein said property is located, subject to the following conditions: This variance is for Ibc cncroachmenl dcpicled ou Exhibit "A". Should thc structure be destroyed, 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 thc provisions of thc [.and Development (.'ode in effect at lhe time of reconstruction. Thc pclitioncr shall submit to thc Building Review and Permitting Dcparln~cnt l)ircctor and thc property owner of Lot 7. Johnnycakc Cove Subdivision. a landscape phm depicting landscaping that is greater than thc rcquircments of tim Land Development Code, and including a brick paver driveway. The plan shall be approved and thc plantings shall be inspected for compliance with thc plan. prior to issuance ora Certificate of Occupancy. P,E IT RF. SOI.VF.[) lhat this P, csolution relating tt~ Pctili(wl Number V-gg-25 bc recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote; Done this .~._~- . ;~ ti' ATTEST: DWIGtfT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: dav of~ i 999. BOARD OF ZONING APPEALS CO34-mR COU.X.'TV. FLORID^ '.PAMELA S. MAC'KIE, CHAIRWOMAN Marjori¢ M. Student Assistant ('ountv ,,\ttorncv !~A 2 ~3 Z z I,I COUNTY, NICIPAL, AND OTHEg LOCAL PUBLIC OFFICE S I, eGADORES..~ In' Napt.es COUNTY Col lier .ate o.~ wH~cH vo~ ~x'cu~reo Februauy 23, 1999 Board of Count '=" ' THE IIOARD. COUNCIL. COMAIIS$1ON. AUTHORITY. O~. COMMITTEE ON eA'HICII I SERVE IS A UNIT OF': · City :XCOUt~Y ~ ' OTIILK I(X.'At AGC. NCY NAME OF POLITICAL ~UBUIVISION: Collier County .~IY POSITION I.~: X. [t lC-TI'Vi : ' APP~INTI%'[ WHO MUST FILE FORM 8B Tl~ form is for use b.v any person serving at the county, city. or other local, I~°eI of government on an appointed or elected board. couz~l, commission, authority, or committ¢~ It applies ~lually to memtx:rs of advisory and non-advisory bodies who arc presented ~-ith a voting conflict of interest under Section 112,3143. Florida Statute. The requirements of this law arc mandatory; although the use of this particular form is not required by law. you are encouraged to use it in making the disclosure required by law. Your responsibililies under the law when faced with a measure in which you have a conflict of interest will vary r_.ready depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing lhc reverse side and filing the form. ....,....: -. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.~'~43, FLORIDA STATUTES ELECTED OFFICERS: . , A person holding elecfi'.e county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special prix-ale ~ain. Each local officer also is prohibited from knowingly voting on a measure witich inures to the special g',in of a principal (other titan a governinent agent')') by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the -ssembty the nature of :,'our interest in tt~e measure on which you are abstaining from voting; and VVlTH IN 15 DAYS AFTER THE VOTE OCCURS by compledns and illin§ this form with the person responsible for recording the minutes of the meeting, who should incorporate thc form in the minutes. O~ [' ICLKb. APPOINTED '' ' '" A person holding appointi,.c counly, municipal, or other local public office MUST AU, STAIN from voting on a ,ncasurc which inures lO his special private gain. Each local officer also is prohibited from knov. ingly voting on a measure which inures to the special gain of a ~:rincipal (olher Ihan a government agency) by whom he is retained. A person holding an appointive local office otherwise ma.',' participate in a mattel m ,,vhtch he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to inl'luence the decision by oral or written communicalion, whether made by the officer or at his direction. IF YOU INTEND TO \lAKE ANY ATTEMPT TO INFI.UENCE TIlE DECISION PRIOR TO TIlE MEETING AF WI{IClt THE VO-I'E \vI[.l. BE TAKEN: · ~bu should complete and file this form (before making any attempt lO inlluence the dec:sioo) wilh thc person responsible for recording Iht ruhr,res of the meeting, who ~ill incorporal¢ the form in tt~e minutes. · A cop), of the form should be provided immediately lo Ihe other members of the agencf. · Thc fsrm should be read publicly al the meeting prior to con,ideration of the matter in ~,hich you have a conflict of interest. 13A g IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT TI-IE MEETING: · You should disclose orally Ihe nature of your conflic~ in the measure before panlcipatlng. · You should complete the form and file it within 15 days after Ih¢ vote occurs with the person responsible for recording thc minums of thc meeting, who should incorporale Ihe form in [he minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. F,a~)'~ara R [',.3~'~',/ . hereby disclose th-~! on f.a) A mcasurc camc or ,.,.-ill came bet'arc my agency which (check one) v/ inurcd ID my special private gain; or ~ inured to ~he special gain of --.-- tb] Th,: measure before my agency and the nalure of my interest in the measure is as follows: re~. m~_2____: , by whom I am rctaincd. Pet~.=Lcn ';-~'e-25, Ta--!d ::[cusan~.i, :;[cu~.anti Bui. lding Corpcrat[on, ~epresenCing Cu['t: ;,. 2ahI~te~, requesting an afte~-:% fact variance cf 5 feet from the require] f~ont yafri setback c! ?q feet to 25 feet fc~ property ]ocate4 at P77 3ohnnycake D~lve, further_describe? as ~,ot 6, Jchnnycake Ccve, in Se~ticn P4, To%;nshJp 4R .South, Range ~5 East, Ccll~er County, Ftc~i~'a. Al=er consultation with the County Attorney, I abstained from voting on above matter pursuant to Section 286.012, Florida Statutes, which prov~de.q that "no member of any state, county, or ~unicipal govern.~enta! board, or agency who is present at any meeting ~f' such body at which .an official derision, r9linq or other official act is to be taken or adopted ~oy fr:r. voting .... ~:.:cept when, ',.'~th respect to any s~ch mem?)rr, there is, ,~) -: ~<,, .-~ :)~ss~bl,:.. . cot, fl itt ~f in~er~:st~, '.:nc]er the pr~,'/t~;ions <)f ,~".112.B1 1, 5.''2.3! :, <,r :;.112. 31,1:~. ir, s;,:h c:as,.~;, said m~mb~.tr st,,:li comply wltt, ti,,. fiisJlos;i: .... ',,c 'lre~'.c, nt~; ,. :; 11'> ~i,;3 " Di:e Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO /,.lAKE ANY REQUI.%ED D!':CLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISltED BY ONE OR .".lORE OF '[lie FO£,I.©\\':;,C,. I.MPEACHNIENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. RF. DLJCTION SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCE~:D $$.0OO.