Resolution 2008-120
RESOLUTION NO. 08-~O
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-12477, FOR AFTER-THE-FACT
VARIANCES FROM THE REQUIRED SIDE YARD
SETBACKS FOR AN EXISTING POOL DECK RETAINING
WALL, POOL SCREEN ENCLOSURE, AND ONE CONCRETE
STAIRWAY, ON PROPERTY LOCATED AT 496 FLAMINGO
A VENUE, NAPLES, 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, Petitioners Gregory W. Schuelke and Beverly J. Schuelke, as Trustees, and
DJN Family Limited Partnership are seeking after-the-fact variances from the required side yard
setbacks for an original pool deck retaining wall constructed in 1986, a replacement pool screen
enclosure constructed in 2004, and two existing concrete stairways; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 4-foot variance from the required side yard setback of JO feet to 6 feet for the original
pool deck retaining wall, an after-the-fact 2.7-foot variance from the required side yard setback
of JO feet to 7.3 feet for the replacement pool screen enclosure and an after-the-fact 9.2-foot
variance from the required side yard setback of JO feet to 0.8 feet for the southeasterly
replacement concrete stairway, 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 VA-2004-AR-12477 filed by Christopher J. Thornton, Esq., of Cheffy,
Passidomo Wilson and Johnson, LLP, representing Gregory W. Schuelke and Beverly J.
Page lof2
Revised 4/23/08
Schuelke, as Trustees, and DJN Family Limited Partnership, with respect to the property
hereinafter described as:
Lot I, Block U, CONNORS VANDERBILT BEACH ESTATES, UNIT NO.3,
according to the plat thereof, recorded in Plat Book 3, Page 89, Public Records of
Collier County, Florida
be and the same hereby is approved for an after-the-fact 4-foot variance from the required side
yard setback of 10 feet to 6 feet for the original pool deck retaining wall, an after-the-fact 2.7-
foot variance from the required side yard setback of JO feet to 7.3 feet for the replacement pool
screen enclosure and an after-the-fact 9.2-foot variance from the required side yard setback of lO
feet to 0.8 feet for the southeasterly replacement concrete stairway, as shown on the attached plot
plan, Exhibit A, in the zoning district wherein said property is located, subject to the following
condition:
l. The 4-foot variance for the pool deck (also referred to as the retaining wall)
supporting the pool above the seawall; the 2.7-foot variance for the wire mesh
pool screen cage surrounding the pool atop the pool deck and the 9.2-foot
variance for the southeasterly stairway shall be limited to the side yard
encroachments as depicted it the record survey with a date revision of October I,
2007.
2. If the residential dwelling structure is 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, all reconstruction of the structure and accessory structures
must conform to the provisions of the Land Development Code in effect at the
time of reconstruction.
3. The southwesterly stairway as depicted on the attached survey, Exhibit A, shall be
removed within 90 days of approval of this variance petition by the Board of
Zoning Appeals.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-12477 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this dl'rJ day of
,2008.
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ATTEST:.
DWIGHT E.,sIWeK, GLERK
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BOARD OF ZONING APPEALS
COLLIER CO NTY, FLORIDA
.
By'
Attest . $
SlQ/ldturt 0111.;
Approved as to form
and legal sufficiency:
By:
TOM
r
.J1h 1t~ 7)"() lJtt<di:,';' _[.lr;u1J'G
Jeffrey' . Klatzkow
Chief Assistant County Attorney
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Page 2 of 2
Revised 4/23/08
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