Resolution 1997-354 RESOLUTION NO. 97-
RELATING TO PETITION NUMBER V-96-28, FOR
A VARIANCE 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 (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 1.94-foot variance from the required
5 foot rear yard setback for accessory structures to 3.06 feet as shown
on the attached plot plan, Exhibit "A", in a PUD zone 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 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 of
Collier County, Florida, that:
The Petition V-96-28 filed by John Grissom of Diamond Pool
Construction, Inc., representing Landmark Communities, with respect to
the property hereinafter described as:
Lot 189, Queen's Park at Lago Verde, Phase 7, as recorded in
Plat Book 26, Pages 24-25, of the Public Records of Collier
County, Florida.
be and the same hereby is approved for a 1.94-foot variance from the
required 5 foot rear yard setback for accessory structures to 3.06 feet
--1--
as shown on the attached plot plan, Exhibit "A", of the PUD zoning
district wherein said property is located, subject to the following
conditions:
In the case of destruction of the pool and/or pool deck, 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 Resoluticn relating to Petition Number
V-96-28 be recorded in the minutes of this Board.
This Resolutio~dopted after.motion, second and majority vote.
Done this _~ day o~, 1997.
· ~pwIG~HT. E~ ,BROC~ ~ Clerk
m : .-~i;~-'~,~'~.~. ~ .
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Approved as to Fo~ and ~gal Sufficiency::
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY ~. HANCOCK, Chairman
Assistant County Attorney
V-96-28 VARIANCE RESOLUTION/18826
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