Resolution 2008-376
RESOLUTION NO. 08-J.1..6.
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER
V A-2006-AR-II064 REQUESTING VARIANCES FOR A TRELLIS
STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A
PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND THE V ANDERBIL T BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE
REQUIRED y, THE SUM OF THE HEIGHT OF THE TWO BUILDINGS
TO ALLOW A 25 FOOT SEPARATION DISTANCE (A REDUCTION
OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT-OF-WAY):
FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD
SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO
ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3)
BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS
AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE
EASTERN PROPERTY LINE (ALONG BLUEBILL AVENUE)
STRUCTURE FROM THE REQUIRED Vi THE SUM OF THE HEIGHT
OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION
DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A
PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING
DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL
TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125
GULF SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE
DRIVE AND BLUEBILL A VENUE 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 (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, 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of
the Collier County Land Development Code (LDC) for a property in the residential tourist (RT) zoning
Revised 12/17/08 - VA-2006-AR-II064 (HFAC)
Page I of3
district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building
separation distance: between the trellis and the principal residential structure from the required Vi the sum
of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches);
and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the
north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance:
between the trellis and the proposed public restroom building along the eastern property line (along bluebill
avenue) structure from the required Vi the sum of the height of the two buildings to allow a 10 foot
separation distance (a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning
District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached
site plans, Exhibit" A," for the property hereinafter described in Exhibit "B," 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 Subsection 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 V A-2004-AR-lI064 filed by Richard Y ovanovich of Goodlette, Coleman, Johnson,
Yovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI
Partnership Ltd., with respect to the property hereinafter described in Exhibit "8" be and the same hereby is
approved for I) building separation distance: between the trellis and the principal residential structure from
the required Vi the sum of the height of the two buildings to allow a 25 foot separation distance (a
reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front
yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of20 feet); and
3) building separation distance: between the trellis and the proposed public restroom building along the
eastern property line (along bluebill avenue) structure from the required y, the sum of the height of the two
buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the
Revised 12/17/08 - VA-2006-AR-11064 (HFAC)
Page 2 of3
,
Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District
(VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the
conditions shown in Exhibit "c."
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2006-AR-
11064 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
llo~h
dayof~, 2008.
Done this
ATTE~T,',:: -.~
DW,IGHT E. BROC.I$., Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
;
lrman
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Approved as to form
and legal sufficiency:
d)~, A- Clro
Heidi Ashton-Cicko
Assistant County Attorney
Attachments:
Exhibit A: Site Plans
Exhibit B: Legal Description
Exhibit C: Conditions of Approval
Revised 12/17/08 - V A-2006-AR-11064 (HFAC)
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LEGAL DESCRIPTION
("SCHEDULE A" CHICAGO' TITLE INSURANCE COM~ANY. COMMITMENT No.
240408575. DATED 11/08/04.)
LOT 6. AND THE NORTH 100.00 fEET Of LOT 5. BLOCK A. BAKER CARROLL
POINT, UNIT NO. 2 AS RECORDEO IN PLAT BOOK 6. PAGE 62. Of THE PUBLIC
RECORDS Of COLLIER COUNTY, fLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS fOLLOWS: "
BEGINNING AT THE NORTHEAST CORNER Of SAID LOT 6. RUN SOUTH 14'49'ZO"
EAST 362.09 fEET ALONG THE M::ST RIGHT Of WAY LINE Of' GULf SHORE "
DRIVE THENCE NORTH 89'52'20" M::ST 580 fEET MORE. OR LESS, TO THE MEAN
HIGH WATER LINE Of THE GULf Of MEXICO; THENCE ,NORTHERty 400 fEET,
MORE OR LESS, ALONG SAID MEAN HIGH WA rER LINE TO THE NORTH LINE Of
SECTION 29 TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE SOUTH 89'52'20" "
"EAST, 36S fEET. MORE OR LESS. ALONG SAID SECTION LINE TO THE M::ST
RIGHT Of WAY LINE Of' STATE ROAD 5-646. THENCE SOU1!-1 14'49'20' E, 41.40.
fEET ALONG SAID M::ST RIGHT Of WAY LINE: THENCE SOUlll 89'52'20" EAST.
217.29 fEET ALONG THE SOUTH RIGHT Of WA,Y LINE Of SAID STArE ROAD TO
THE POINT Of BEGINNING, ".. " ,
PER "EXHIBIT B, SECTlQN 2", CHICAGO "n,TLE INSURANCE COMPANY.
COMMITMENT No. 240408575, DATED 11/08/04.. THE PROPERTY SURVEYED
HEREON IS SUBJECT TO THE fOLLOWING MA HERS OF RECORD:'
[',J INDICATES EXCEPTIO"; NUMBER
['5J MAnERS SHOWN ON THE PLAT Of' BAKER-CARROLL POINT UNIT NO, 2, A
SUBDIVISION RECORDED IN PLA r BOOK 8.. PAGE 62, PUBLIC RECORDS Of
COLLIER COUNTY, fLoRIDA. (DEPICTED HEREON~. .
['6J LICENSE AGREEMENT RECORDEO IN OfflCIAL RECORDS BOOK 1724, PAGE
14, PUBLIC RECORDS Of COLLIER COUNTY, fLORIDA. (NOT POSSIBLE TO PLOT)
['7J LICENSE AGREEMENT RECORDEO IN OfFICIAL RECORDS BOOK 1724. PAGE
21. PUBLIC R;CORDS Of COLLIER COUNTY. fLORIDA. (NO! POSSIBLE TO PLOT)
['8J LICENSE AGREEMENT RECORDED IN OfflCIAL RECORDS BOOK 1724. PAGE
28. PUBLIC RECORDS Of COLLIER COUNTY. fLORID A. (NOT POSSIBLE TO PLOT)
['9J rEMPORARY BEACIl R.ESTORATlON EASEMENT GRANTED TO COlliER
COUNTY BY INSTRUMENT RECORDED IN OffiCIAL RECORDS BOOK 2069. PAGE
1560, PUBLIC RECORDS" OF COLLIER COUNTY, fLORIDA." (NOT POSSIBLE TO
~n " "
['IDJ TEMPORARY BEACH RESrORATlON EASEMENT GRAN rED TO COLLIER
COUNTY BY INSTRUMENT RECORDED IN OFfiCIAL RECORDS BOOK 3634. PAGE
1560, PUBLIC RECORDS Of COLLIER COUf'lTY. fLORIDA, (NOT POSSIBLE ro
PLOT)
['15] COASTAL CONSTRUCTION SETBACK LINE, CREATEQ'PURSUANT TO fLORIDA
STATUTE 161.053, AS SHOWN IN COASTAL SETBACK LINE BOOI< I, PAGES 1 "
THROUGH 69, PUBLIC RECORDS or' COLLIER COUf'lTY. flORIDA. (DEPICTEO '
HEREON)
['16] LEASE BElWEEN VANDERBILT BEACH ASSOCIATION, lTD. AND AMERIVEf'lD'
CORPORA nON DArED JANUARY 7, 1998 AS DISCLOSED BY THAT MEMORANDUM
Of LEASE RECORDED IN OffiCIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC
RECORD5 Of COlliER COUNTY, fLORIDA. (NOT POSSIBLE TO PLOr) .
EXHIBIT B
CONDITIONS OF APPROVAL
V A-2006-AR-l1064
The foregoing variance petition approval is subject to the following condition:
The variances granted are limited to what is depicted and limited and more particularly
described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay
Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach
Tower Detail of Setbacks for Variance Request," last revised June 23, 2008,
Revised 7/28/08
EXHIBIT C