Resolution 2007-283
RESOLUTION NO. 07--2-8-3--
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-I1703, FOR A l.2-FOOT VARIANCE
FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK
TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT
YARD AND A 4.2-FOOT VARIANCE FROM THE REQUIRED
30-FOOT FRONT-YARD SETBACK TO 25.8-FEET IN THE
NORTHEAST PART OF THE FRONT YARD FOR PROPERTY
LOCATED AT 180 CHANNEL DRIVE, AS FURTHER
HEREINAFTER DESCRffiED 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 has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a 1.2-foot variance from
the required 30-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a
4.2-foot variance from the required 30-foot front-yard setback to 25.8 feet in the northeast part of
the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District 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 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-1l703 filed by Richard D. Y ovanovich, Esq., of Goodlette,
Coleman, and Johnson, P.A., representing Kurt M. Lutgert, with respect to the property
hereinafter described as:
Conner's Vanderbilt Beach Estates, Lot 22, Block C, as recorded in Plat Book 3,
Page 8, Collier County, Florida.
Page I of 2
be and the same hereby is approved for a 1.2-foot variance from the required 30-foot front-yard
setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the
required 30-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown
on the attached plot plan (Exhibit A), in the RSF-3 Zoning District wherein said property is
located, subject to the following conditions:
I. No second-story construction shall be permitted over the non-conforming structure; and
2. The existing six-foot encroachment (asphalt driveway) on the east portion of the property
shall be removed prior to construction of the requested two-car garage
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-1l703 be recorded in the minutes of this Board.
THIS RESOLUTION adopted after motion, second and majority vote, this -9- day of
eJl'1;; /y? A , 2007.
'.,:1-:[;,-;
ATTEST:
DWIom. E. BROCK, CLERK
, ", ,.,-,
Bv' c.
I\tt4s. as'.
s1~c1ture oAl'.,.::,iI.'
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BYJA.N/&-
Approved as to form and
legal sufficiency:
it
~~1AJL. 611. fJJ-u.11 <.K -UtuLtL1.'\.
Jeffrey A. Klatzkow ;,)
Managing Assistant County Attorney
Page 2 of 2
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