Resolution 2008-008
RESOLUTION 2008- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER V A-2007-AR-12129, FOR AFTER-THE-FACT
SQUARE-FOOTAGE AND SEPARATION VARIANCES FOR
AN EXISTING GUESTHOUSE IN THE ESTATES ZONING
DISTRICT ON PROPERTY HEREINAFTER DESCRIBED 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, in December of 2005, Petitioners James and Ruth Kalvin, purchased a
single-family residence and guest house located at 5801 Cedar Tree Lane, Collier County,
Florida, which structures were built in 1979; and
WHEREAS, pursuant to LDC Section 5.03.03, the maximum floor area of a guest house
cannot exceed forty (40) percent of the air-conditioned, enclosed living area (excluding garages,
carports, patios, porches, utility areas, and the like) of the principal dwelling, and a detached
guest houses can not be closer than twenty (20) feet to the principal dwelling; and
WHEREAS, while having properly permitted work done on the property, Petitioners
learned that the guest house was at some point in time unlawfully converted from a garage,
exceeds the maximum floor area by nineteen (19) percent, and does not meet the requisite
separation distance from the main house, being 12.6 feet instead of twenty (20) feet; 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 after-the-fact square-
footage and separation Variances for the existing guesthouse in the Estates Zoning District as
shown on the plot plan attached as Exhibit A, 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
Page 1 of 2
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 Petition V A-2004-AR-12129 filed by Antonio Faga, Esq" representing
Petitioners James and Ruth Kalvin, with respect to the property hereinafter described as:
Golden Gate Estates Unit 31, Lot 88, as recorded in Plat Book 7, Page 59, Collier
County, Florida, Folio No.
be and the same hereby is approved for after-the-fact square-footage and separation Variances
for an existing guesthouse in the Estates Zoning District as shown on the plot plan, attached as
Exhibit "A", of the Estates Zoning District wherein said property is located,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12129 be recorded in the minutes of this Board,
This Resolution adopted after motion, second and majority vote, this ~ day of
,r,-
.J~,2008.
A'r'"ITIJ1~~: ,':,~CY:':;
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Q,WIqm E. 6'ROb:K. CLERK
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BOARD OF ZONING APPEALS
COLLIER CO ORIDA
A' .~~to-:t,Wi_eiuty Clerk
S jililatl.lf"'*'oIft~ .
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By:
, CHAIRMA
Jef tzkow,
Chie As istant County Attorney
Page 2 of2
I SURVEY SKETCH OF BOUNDARY SURVEY
I NOT FOR FENCE CONSTRUCTION
NOT FOR CONSTRUCTION
NOT FOR DESIGN
NOm mE: INTENT DF' THIS SURVCY IS FOR T1TLf: TRANSf"f'R ~
COPYRIGHT 2005 ",L.A. SlJRvrrs ~;;.. II
PAGE 1 OF 2
~, REVE:RSC SIDC FTJR PAGE: e or e
STREET ADDRESS
5801 CEDAR TREE LANE
NAPLES, FLORIDA
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PLAT RDlJNDAR'f
S,89.40'SO'E, 330.00' (P)
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LEGAL DESCRIPTION :
TRACT 88, GOLDEN GATE ESTATES, UNIT 31, ACCQRl1JNG
TO THE PLA T THEREOF AS RECORDED IN PLA T BDDK 7,
PAGE 59. OF THE PUBLIC RECORDS DF COLLIER COUNTY, FLORIDA
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CERTIFIED TO :
JAMES N. AND RUTH P. KAL VIN
WORLD SA V[NGS BANK. FSB
ITS SUCCESSDRS AND/OR ASSIGNS
GOODLETTE, COLEMAN & JOHNSON, P.A.
FIRST AMERICAN TITLE INSURANCE COMPANY
STEWART LAW FIRM, PLC
A TTORNEYS' TITLE INSURANCE FUND, INC.
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FInOD ZONE: x
COMMUNllY PANEL J20067-o425D
INDEX DATED : 11-17-05
(FlOOD ZONE: -B",.C","O", & "X" ARE NOT
CERTIFICATION: IN DESIGNATED FLOOD HAZARO ZONE AREA.)
(AS TAKEN FROM WEBSlTE - WWW.
I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY DlREC110N AND THAT IT MEETS GI5.COlUERGOV.NET/WEBSlTE/FEt.lA-.NEW/)
THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD OF PROfESSIONAl
LAND SURVEYORS ANO NAPPER5 IN CHAPTER 61017-6. FLORIDA ADMINISTRAl1VE ~~TEoMf' E IT
CODE, PUZUANT TO ~TISN +72..027, flORIDA STATUTES. 61G17_,k~~~C(5)""(E)H ~.A.~OcATlCN Of'
.f t1 1-:1. I EASEMENTS OR RIGHT-I;F-....AY Of RECORD,
BY : ~ T ~ oM SURVEY DAlE: 11-J7...,2oo5 OTt-ER THAN MlSE ON RECORD PLAT, IS
LELAND F. DySARD,~ '3859 CUNTQN If, FINSTAD, PLS *2453 ~5~~~~h ~S :~:~~:R M~~~ ~~PPER.
GEORGE R. RtCffilOND, PLS #2406 MARY E. FINSTAD, PSM #5901 STEPHEN MACDONALD, PLS '4001
~g} ~A~~TJ.f~~n~N s8kvI~\SZ~~~TuERAiEAMN~~~~S~E~ Of ENCUMBR"NCES. ~T~ 1~APf:-/b~~'pJfoHff:f.cl'ft.},r~ 7i:..NffR
SURVEY IS 'lAUD FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBRE\IIAl1ONS,
NaTD PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINATION FROM LOCAL PERMITTING, PLANNING AND
BUILDING DEPART~NT PRIOR TO ANY CONSTRUCTlDN PLANNING AND/OR CONSTRUCTION.
F.L.A. SURVEYS CORP.
PROFESSIONAL LANO SURVEYORS & MAPPERS-LB 6569
6561 TAYLOR ROAD, SUI"TE 1
NAPLES, FLORIDA 34109
239-598-5935 FAX 598-5939
9250 COLLEGE PKWY SUITE 10
FT. MYERS, FLORIDA .J3a19
239-274-9518 FAX 274-9519
~WN BY
QUALITY CONTROLLED BY: T. CHRISMAN
HA PARTY CHIEF: CN
REVISIONS
CERl1FlCAl1QN
12-6-05
PROJECT NO:
05-13245
Exhibit A