Resolution 1993-128
MAn:H 23, 1993
RESOLUTION NO. 93-~
RELATING TO PETITION NUMBER V-93-1, 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
..tablish, coordinate and enforce zoning and such business regulations
aa 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 1S-foot variance from the required
side yard of 3S feet to 20 feet as shown on the attached plot plan,
Exhibit "A" in a RMF-16 zone for the property hereinafter described,
and has found as a matter of fact that satisfactory provision and
arrangement has 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-93-1 filed by C. Perry Peeples of Harter, Secrest &
Emery, representing Eagle Cay Condominium Association, Inc., with
r..pect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 15 foot variance from the
required side yard ot 35 teet to 20 feet as shown on the attached plot
plan, Exhibit "An of the RMF-16 zoning district wherein said property
aD OK
~~lli
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Ml\IOl 23, 1993
is located, subject to the following conditions:
Exhibit "C"
BE IT RESOLVED that this Resolution relating to Petition Number
V-93-1 be recorded in the minutes of this Board.
Commissioner W9rr4v
offered the foregoing
Resolution and moved tor its adoption, seconded by Commissioner
Matthews
and upon roll call the vote was:
AYES: Commissioner Norris, Commissioner Matthews, Commissioner Volpe,
Commissioner Constantine, and Commissioner Saunders
HAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
day of March
, 1993.
OF ZONING
COUNTY,
SUFFICIENCY:
/'n-, Actz'" of. ~;.i' A' J-
, MARJ E M. S ENT
. ASSISTANT COUNTY ATTORNEY
V-93-1 RESOLUTION
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M1\IOI 23, 1993
04 '93 15'51 H'lRlDl.5E0<E5TWERVPLf:s, F'l..
p;z
EXHIBIT "n"
LEGAL DESCRIPTION FOR
EAGU: CAY COIlOOMIIIIUll
PIlASE I
A parcel ot land lyinq in MARCO BEACH UNIT TEN, accordinq to the
plat thereot al recorded in Plat Book 6, paqel 74 through 79
linclu.ive), of the Public Rscord. ot Collier County, Florida and
being more particularly dsscribed al followl'
Beginning at ths ws.terlymo.t property corner of Lot 33, Block
338 of Marco Beach Unit 10, a. recorded in Plat Book 6, paqes 74
~~rouqh 79 (i~clulive), ot the PUblic Rscord. of Collier County,
Florida J
thsncs N 69. 19' 00" ! 200.00 tset,
thencs S 20. 41' 00" ! 100.00 test,
thsncs S 66. 25' 48" E 472.6Z fssts
thsnce S 23. 34' 12" W 159.13 feet,
thencs N 66" 25' 48" W 178.00 feet,
thence 5 23. 34' 1Z" w 94,78 fe.t,
thencs 5 12. 06' 59" ! 120.42 fsets
thsncs S 77. 53' 01" W 25.00 teet to a point ot
ot a curve to the riqht having a radiul ot 91.00
beinq .ubtended by a chord which bearl N 84. 27'
feet,
thence alonq the arc of laid curve throuqh a central angle
of 35. 17' 52" for 56.06 teet to a point of tangencys
thence N 66" 48' IS" W 78.91 t.sts
thencs N 07. 31' 51" W 120.08 te.ts
thsnc. S ~Z. Z8' 10" W 68.26 tests
thence N 85. 38' 16" W 73.73 teet to a point on a CUrve
h.ving a radial bearinq of N 85. 38' 16" W, a radiul of
230.00 feet, ..id point .110 being on the Easterly
Riqht-of-Way line of Colli.r Court as r.c~rded in the .tors-
mentionsd plat of Marco Bsach Unit 10,
thence Northwe.terly alonq ths arc of said curve h.vinq a
radiul of 230.00 feet, throuqh a centr.l aagls of 25. OZ'
44" and being subtended by a chord which bear. II 08. 09' 38"
W 99.74 fest for 100.54 feets
thence N 20. 41' 00" W 263.20 fs.t to ths POINT OF
BEGINNING.
Containinq 4.0 acres more or le.s
curvature
fe.t and
37" W 55.17
Subject to ...ement., reetrictions, end dedications of record.
Bearinq ba.ed on the Plat of Marco Bsach Unit 10 as recorded in
Plat Book 6, p.qse 74 through 79, (inclusive).
Page 1
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Exhibit "B"
!ODK 000 PlGE 117
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MAn:H 23, 1993
..'93 1SfS2 ~,~, Fl..
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EXlIIllI'r 11
LEGAL DESCRIPTION FOR
EAGLE CAY CONDOMINIUM
PEASE II
A parcel of land lying in MARCO BEACH UNIT TEN, according to.thl
plat thereof as recorded in plat Book 6, paqe. 74 throuqh 79,
(inclusive), of the Public Records of Collier County, Florida Ind
being more particularly aescribed as follows I
Commencing at the Westsrlymost property corner of Lot 33, Block
338, of Marco Beach Unit 10, as recorded in Plat Book 6, Paqi. 71
through 79 (inclu.ive), of the Public Records of Collier County,
Florida, thence S 20" 41' 00" E along the Easterly Right~ot'WIY
of Collier court as recorded in the aforementioned plat ot Marc.
Beach Unit 10 tor 263.20 feet to the point of curvature ot a
curve to the riqht having a. radius of 230.00 feet and biinq
subtended. by a chord which bun S 08" 09' 3S" E 99.74 tut,
thencs along the arC of said curve through a central anqle of 25'
02' 44" tor 100.54 feet to the POINT OF BEGINNING,
thence continue elonq the arc of said curve havinq a radiuI
of 230.00 feat and baing eubtended by e chord which bear. S
11" 00' 09" W 53.19 feat, throuqh a central anqls ot 13" 16'
50" for 53.31 feet to a point of t~nqencYl
thence S 17" 38' 34" W 79.80 teet,
thence S 72" 21" 26" E 704.21 feet,
thence N 12" 25' 00" E 342.83 teet,
thence N 27" 00' 24" W 100.00 feet,
thence N 66" 25' 48" W 127.16 teet,
thenca S 23" 34' 12" W 159.83 feet,
thence N 66" 25' 48" W 17S.00 teet,
thence S 23" 34' 12" W 94.78 teet,
thsnce S 12" 06' 59" E 120.42 feet,
thence S 77" 53' 01" W 25.00 feet to a point of curvature
of a curve to the riqht havin9 a radius of 91.00 feet and
being lubtended by a chord which bears N 84" 27' 37" W 55.17
feet,
thencs alonq the arc of said curve throuqh a central angle
of 35" 17' 52" for 56.06 feet to a point ot tangency;
thsnce N 66" 48' 15" W 78.91 feetl
thence N 07" 31' 51" W 120.08 festl
thencs S 82" 28' 10" W 68.26 teet,
thsnce N 85" 38' 16" W 73.73 feet to ths POINT OF
BEGINNING,
Containing 3.9 acrss more or less
Subj ect to easements, rutrictions, and d.ldications of record.
Bearings bassd on the plat of Marco Beach Unit 10 as rscordod in
Plat Book 6, pages 74 through 79 (inclusive).
Page 2
lOOK 000 PAGE 118
r
M!\RJI 23, 1993
AGREEMENT
:I, C. Perry Peeples, as authorized agent for Petition V-93-l,
agree to the following stipulations requested by the Collier
County Planning COIIIIIIission in their public hearing on March 4,
1993.
1. This variance authorizes a reduced side yard for only those
two carport structures highlighted on Exhibit "A" of the
Resolution and as described in the staff report for V-93-1.
petC!frA!f-
STATE OF FLORIDA
COUNTY OF COLLIER
The ~eqOi~ Agreement was ackn~le4ged betore me this ~ day
of 11A-r; , 19$1 by e. f'CA!Ali, /1:.el'<E5
, who is personally known to me or ~he hAa ~.vd~ccd
a. i41j>:R~'(#-f"'2ti~R and who 4W (did
not) take an oath.
~~e q e:::-:U;;liC)
AJo,em,. /.l~",'..Iv
NOTARY PUBLIC
Serial/Commission # ee.. ,;}./J9 7.;J..J
My Commission Expires: 8,1~/1~
(SEAL)
NORMA A IOONE
NOTARY PU8UC STATE OF FLOllIOA
COMMISSION NO. =15972
WYCOMMISSJONEXP.AUG. 1996
EXHIBIT "CO
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BOOK 000 pm 119
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STATE OF FLORIDA
COUNTY OF COLLIER
MAn:H 23, 1993
Repr~en~~icpc
The l2'.8qoin'l Agreement was acknowledged before me this "I'1f. day
of "2l:f!!.A ~d.t. , 19~ by F~'; AJ. ~"m"" :r,p.
, who i. personally known to 1I1e 0... ..1._ lias
as ids"tlf1"aiden and who d!d
pt~d1:le~J.
(did not) take an oath.
(SEAL)
NORMA A BOONE
NOTAIY roIUC STATE OF FLORID
~NO,a:nsm
MY COWMJSI5ION EXP. AUG. 1996
~~ oata~~
Ah-fdlA A. gaME'
NOTARY PUBLIC
Serial/Commission # ee. 02;597;}..
My Commission Expires: 7;aOl-/9{,
EXHIBIT "C"
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lOOK oeo PI,E 120