Resolution 1997-303 RESOLUTION NO. 97- 303
RELATING TO PETITION NUMBER V-96-31, FOR
A VARIANCE ON PROPERTY HEREINAFTER
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power t~
establish, coordinate and enforce zoning and such business regulations
as ara necessary for the protection of the public; 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 7.25-foot variance from the required
side yard setback of 7.5 feet to 0.25 feet as shown on the attached
plot plan, Exhibit "A", in an RSF-4 zone for the property h~reinafter
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 the Zoning Regulations of said Land Development Co~e for the
unincorporated area of Collier County; and
Wq{EREAS, 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 APPF2%LS of
Collier County, Florida, that:
The Petition V-96-3! filed by Daniel Tetlow, Jr., with ~espect to
the property hereinafter described as:
Lot 8, Block 4, Naples Manor Unit 1, as recorded in Pla~ Book
3, Page 57, of the Public Records of Collier County, FlOrida.
be and the same hereby is approved for a 7.25-foot variance from the
required side yard setback of 7.5 feet to 0.25 feet as shown on the
attached plot plan, Exhibit "A", of the RSF-4 zoning district wherein
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said property is located, subject to the following conditi s:
1. The existing structure may be altered within the%cope of
routine or required maintenance provided the alteration
does not encroach upon the .25 foot westerly side setback
allowed by this variance approval, nor any other{setback
requirement at the time of alteration. However any
enlargements of, or additions to the structure shall be in
conformance with the required setbacks and any other
requirements of the Land Development Code, at the time of
enlargement.
2. The variance approved shall only be granted for
location depicted on the attached plot plan.
3. In the case of destruction of the subject structure, for
any reason, to an extent equal to or greater than fifty
percent (50%) of the actual replacement cost of the
structure at the time of its destruction, any
reconstruction shall conform to the provisions of the Land
Development Code in effect at the time of reconstruction.
BE IT RESOLVED that this Resolution relating to Petition Number
V-96-31 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of , 1997.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
V-96-31 RESOLUTION/18996
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~t ~he {or~iw plat
as t'~rde,t in Plat n~,k 3 Pa~ '57 ~,~hlic
e~se~nts, t~ title m'nrch ~s ~n ~d~ l,%.
~L~s ~nrorm ~o "la~ ~k '3; Page 57