Resolution 1994-299
RESOLCTION NO. 94--129
APRIL 26. 1994
RESOLCTION APPROV:r:NG WITH CONDITIONS
PETITION CCSL-94-1 REQUESTING A VARIANCE
FROM THE COASTAL CONSTRUCTION SETBACK
LINE TO CONSTRUCT A WOODEN RETAINING WALL
TO PROTECT A SWIMHnfG POOL AND DECK FOR
PROPERTY LOCATED Oil LOT 51, BLOCK A, UNIT
1 OF CONNORS VANDERBILT BEACH ESTATES, IN
SECTION 29, TOWNSHIP 48 SOt1rH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, Miles Scotield ot Turrell and Associates, representing
the Xansions at Vanderbilt Beach Condominium Association, requests a
variance trOll the Coastal Construction Setback Line (CCSL) as
required by Collier County Land DevelClplllent Code Division 3.13, as
aaended, to allow the construction ot a wood retaining wall; and
WHEREAS, the subject property is located on the west side ot
Gultshore Drive between 111th Avenue and Vanderbilt Beach Road; and
WHEREAS, the proposed wooden retaining wall will extend
approxiaately ninety (90) teet seaward ot the adopted CCSL; and
WHEREAS, the wood retaining wall is a "coastal or shore
prot:.ction structure as defined by Subsection 161. 54 (60) Florida
statutes, Coastal Zone Protection Act ot 1985; and
lfREREAS, the petition is consistent with the Collier County
Land Developaent Code Division 3.13, as amended; and
lfREREAS, the petition is consistent with the Collier County
Growth Management Plan
EI...nt, Policy 11.4.7.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
Conservation and Coastal Management
CXlIIKISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition
OCSL-94-1 be approved subject to the tollowing conditions:
1. 'l'be wood retaining wall, backfilling and dune walkover shall be
de.iqned in accordance with the standards ot the Florida
Department ot Environmental Protection (FDEP) and approved by
the FDEP Division ot Beaches and Shores.
2. Construction activities shall not occur within one hundred (100)
teet ot the sea turtle nesting zone, detined by Collier County
Land Development Code Division 3.10, between May 1 - October 31,
sea turtle nesting season, without tirst submitting and
obtaining FDEP and Co1l~Cou~. Construction in Sea Turtle
lleating Area Permi ts..1IOIl UUU Plr,~ aJ8
-1-
APRIL 26. 1994
3. It it is necessary tor vehicles to be on the beach during
construction, a Collier county Vehicle on the Beach permit shall
be required, subject to review and approval by the Project Plan
Review - Environmental Statt prior to any construction activity.
Vehicle on the Beach Permits will not be issued during sea
turtle nesting season per Collier County Land Developaent Code
section 3.14.6.
4. In the event protected species, burrows or nests are encountered
during construction, work shall cease, and Collier County
Project Plan Review Environmental Statt shall be contacted
~iately.
5. Petitioner shall notity Project Plan Review Environmental Statf
one week prior to commencing work seaward of CCSL and shall
again contact Staft within one week following completion of work
seaward ot CCSL.
6. OUtdoor lighting associated with construction, or development
within three hundred (300) teet of the high tide line, shall be
in ~liance with Division 3.10 of Collier County Land
Devel~nt Code.
7. Petitioner shall utilize native vegetation for all on-site
landscaping .
8. Minor revisions to Coastal Construction Setback Line Var iance
CCSL-94-1 (inclucUng changes in siting and structures) may be
approved, in writing, by the Site Developaent Review Director or
his/her designee.
9. The petitioner shall re-vegetate the dune where the dune is
devoid ot coastal dune vegetation. The re-vegetation shall be
~leted according to a plan, submitted to and approved by
Project Plan Review Environaental Staff, prior to the issuance
ot a Certificate of Occupancy.
This Resolution adopted after motion, second and majority vote
tavoring same.
DOllE AND ORDERED this
..:J~
day of 1~-' 'l
, 1994.
DA!B1 'iJk~
..-
ATTESTI ...
DWIGHT E. BROCK,~Clerk
'; '. l.I
. "
BOARD OF CO
COLLIER
COMMISSIONERS
, FLORIDA
~..,p
ed as to
~tiCi8ll<ly1
ERJ(
Form and Legal
tOllll 000 Plf.[ 209