Resolution 1996-068
FEB f 3 1996
RESOLUTION NO. 96-...J..Q_
RELATING TO PETITION NUl1BER V-95-29, FOR
A V~~IANCE ON PROPERTY HEREINAFTER
DESCRIBED III COLLI ER COUNTY, FLDRIDA.
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 publiCi 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 46.5 foot variance from the side yard setback requirement of 49
feet to 2.5 feet; a 23 foot variance from the side yard setback
requirement of 49 feet to 26 feet; a 44 foot variance from t'.,."
side yard setback requirement of 49 feet to 5.0 f~et, along t~e
easterly property line; a 49 foot variance from the side yard
setback requirement of 49 feet to 0 feet along the southerly
property line all for that part of the structure at elevation ~'9a
feet.
as shown on the attached plot plan, Exhibit "1\", in ar' "RTIl zone tor
the property hereinafter described, and has found as , matt.-=r of fact
that satisfactory provision and arrangement have been made concerning
all applicable matteru 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 or
Collier County, Florida, that:
The Petition V-95-29 filed by Mark J. Woodward and Anthony P.
Pires, of Woodward, Pires, Anderson & Lombardo, P.A., representing CBFe
Beach, LTD., a Florida Limited Partnership, and Parcel M-I., a Florida
Corporation d/b/a FC Beach Joint Venture,with respect to the property
hereinafter described as:
",,;:..;1.-
FEB 1 3 1996
Exhibit liB"
be and the same hereby is approved for:
a 46.5 foot variance from the side yard setback requirement of 49
feet to 2.5 feet; a 23 foot variance from the side yard setback
requirement of 49 feet to 26 feet; a 44 foot variance trom the
side yard setback requirement of 49 feet to 5.0 feet, along the
easterly property line; and a 49 foot variance from the side yard
setback requirement of 49 feet to 0 feet along the southerly
property line all for that part of the 6tructure at elevation +98
feet;
as shown on the attached plot plan, Exhibit "A", of the "P.T" zoning
district wherein said property is located, subject to the following
conditions:
1) This variance is limited to the encroach~ents depicted on
Exhibit IIA". Any further encroachments will require a
separate variance.
2) The variance is not to be used to provide excessive parking
for the purpose of a private cluD.
BE IT RESOLVED that this Resolution relating to Petition Number
V-95-29 be recorded in the minutes of this Board.
Commissioner Matthews offered the foregoing Resolution and moved
for its adoption, seconded by Commissioner Mac'Kie and upon roll ('."11
the vote was:
AYES: Const~ntine, Hancock, Mac'Kie, Matthews
NAYS:
Norris
ABSENT AND HOT VOTING:
ABSTENTION:
Done this 13th day of ~Qruarv
, 1996.
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DWIq~~,i~?~R6ci{,~LERK
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APPRd'!~~ fijl!iJ;~.,'tORM AND LEGAL SUFFICIENCY:
APPEALS
FWRIDA
CHA I RHAN
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1YIt~~ ,Mt"..1 p "Jet
MARJ IE M. STUDE T
ASSISTANT COUNTY ATTORNEY
VARIANCE RESOLUTION/1668J
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FEB 1 3 1996
A parcel of land lying in sections 17 and 18, Tovnship 52 South,
Range 26 East, Collier County, Florida, and being more particularly
described as follows:
COHMEHCE at the intersection of the centerlines of South Col1fer
Boulevard and Spruce Avenue, as shown on the Plat of Marco Beach
Unit 7 as recorded in Plat Book 6, pages 55 through 62 inclusive,
of the Public Records of Collier County, Florida; thence run S10.
47' 18" E along the centerline of South Collier Boulevard a
distance of 260.89 feet; thence 579' 12' 42" W a distance of 50
feet to an iron pin, said iron pin being on the Westerly right-of-
way line of said South Collier Boulevard and POIlIT OF BEGIlnlIllG of
the herein-described parcel; thence. $79' 12' 1,21! W a distance of
69"1.00 feet to an iron pin; ther.cc continue 579- 12' 42" W a
di~tance of 89 feet, ~ore or less, ~o a Point, said Point hereafter
y...no'.m as Point 11).11 and the approxi=.ate Hean High Water Line
(elevation +1.5 contour) of the Gulf of Mexico as it existed on
october 7, 1978; thence return to the afore!J.entioned POINT OF
BEGINNING: thence run HI0. 47' 18" H along the Hesterly right-of-
way line of South Collier Boulevard a distance of 412;~0 feet to
the. POIHT OF CURVATURE of a curle having a radius of 9,950 feet,
concave to the West: thence Horthe;:ly along said curve, curving to
the left through a central angle of 00. 33' 53 II and an arc distance
of 98.07 feet to an iron pin; thence leaving the Westerly right-of-
way of South Collier Boulevard, run 572- JJ' 3011 W a distance 0:
668.62 feet to an iron pin: the.:-lce continue 572. 33' Jail W P.
distance of 113 fect, more or less, to the approxin::ate Mean Hig~'
Water Line (elevation +1.5 contour) of the Gulf of Mexico as it
existed an October 7, 1978; thence meander Souther~ -l along said
approximate Hean High. Water Line (elevation +l~~ contour)
distance of 421 feet, Dare or less, to the aforecenti~..ed point IIAII
and the MINT OF TERHINATIOll.
TOGETHER WITH all of Grantor's right, title and inter~.;t i:l and to
riparian and littoral rights appurtenant to the above--described
property which rights are not warranted by the Grantor.
TOGETHER WITH all of Grantor's rights, title and interest in that
certain Easement Agreement dated August 31, 1995, by and between
Regency Development of Marco Island, Inc., a Florida corporation,
Club Regency of Marco Island Condominium Association, Inc. I a
Florida not for profit corporation, and Robert F. Greene as
Trustee, as recorded in O. R. Book ;1113 ,at page ,~.y?) ,of
the Public Records of collier County, Florida.
LESS AND EXCEPT Phase I of CLUB REGENCY OF MARCO ISLAND, a
CondominiUl:Z, as recorded in o. R. Book 984 t at page 1494, Public
Records of Collier County, Florida / as shown on the attached
Exhibit "A-I" hereto.
lCO'.
EXHI8IT ".9"
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