Resolution 2009-041
RESOLUTION NO. 09-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-13756, GRANTING TWO
VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION
4.02.0I.A, TABLE 2.1 (FRONT YARD SETBACKS), AND THE
SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE
LAND DEVELOPMENT CODE (MANGROVE TREES), ON
PROPERTY HEREINAFTER DESCRffiED IN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, 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. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner has requested a front yard setback variance from subsection
4.02.0I.A, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9-foot variance), pursuant to
LDC Section 9.04.00, for construction of a single-family stilt home; and
WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the
LDC, pursuant to subsection 9.04.02.B.I thereof, to allow dredging and filling of, and related
impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation
Island Subdivision (unrecorded), utilizing the procedure set forth in section 9.04.03 of the LDC;
. and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
Page I of3
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the LDC; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC
subsection 4.02.0I.A, Table 2.1, to decrease the 25-foot front yard setback requirement to 16
feet (i.e., a 9-foot variance), for construction of single-family stilt home on property described
as:
Lot 77 of Unrecorded Plat of Plantation Island Mobile Home Sites, Unit No.3, located
in Section 24, Township 53 South, Range 29 East; from the Northwest comer of Section
24, Township 53 South, Range 29 East Collier County, Florida run, S87 32'20" E, along
the North line of said Section 24, for 467.98 feet; thence run S2 27'40" W, for 210.00
feet; thence run S87 32'20" E for 980 feet; thence run S2 27'40" W for 130 feet to the
POINT OF BEGINNING. Thence run S 2 27'40" W for 60 feet; thence run N 87 32'20"
W for 100 feet; thence run N 227'40" E for 60 feet; thence run S 87 32'20" E, for 100
feet to the POINT OF BEGINNING
(the "Property"); and
BE IT FURTHER RESOLVED, that the Board hereby approves a variance from LDC
subsection 4.02.14.C.4, to allow dredging and filling of 139.4 square feet of mangroves on the
Property, consistent with the Site Plan attached hereto as Exhibit A, as requested in Petition V A-
2008-AR-13756, filed by Lauren Barber of Turrell, Hall & Associates, Inc., on behalf of Lee
Wyatt, as Trustee of the Lee Wyatt Trust #2.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2008-AR-13756 be recorded in the minutes of this Board.
Page 2 of3
This Resolution adopted after motion, second and majority vote, this
;J~t:- day of
Fe.hr-uaj ,2009.
ATTEST:
DWIGHrt:SROCK, Clerk
",~..........., '. .""~
B -
'. f'n; to .~~lfy Clerk
. t Oii.tur.:(Mt i~'
Approved as to form
and legal sufficiency:
\~c
BOARD OF ZONING APPEALS
COLLIER CO TY, FLORIDA
~ d4-~
FIALA, CHAIRMAN
,,~
Assistant County Attorney
Exhibit A (attached): Site Plan
Page 3 of3
~
0::
1
~
~
~
~
~
~
l:!
~
II
~
! i ~
~ ~ ~
~ ~ ~
8... Si~ ~
.,j- ;;i
... j!!::'lIlw
~w U;~
ijl~,,;;i
il!!s ~ g
~
"
w
z
::;
Qil:
~~
w~
;=<:
~~
~~
~~
IX
;;
W
III
>
n
ti;~
:rc
!!
w-'
550
~I
iil..
~
i
Pc .Q711WyaltPrnOR.... n
",,-,rawings"
"WYATT PROPERTY 15,dwg
u.i
>
<(
a::
w
f-
f-
e
....
....
f-
e
..J
w
~
~
~I
~I
~I
~I
~I
iiil
&1
'"
1-0-- '"
<0
N
~
'"
~
'"
N
I
I
I
'"
o
"'
I
I
Iw
15
I~
I~
"-
I'"
125
<r
____~ /0-
,,--.,.,"-
~ ,'"
JL..--'"
~ ~-----c:.J
I
j ,
1.
'"
;!'
'--
N
I
I
I
w
c<
.:J
:-:
~~
cr.:
>-
'!)
w
._ u
z
w
u.
....
- --'
Cii
'"
..
'.
,)
I
'"
o
v
"
<0
N
C-!
!'
,
,~~
f~
'"
..
Exhibit A
~ ~ ~
.
.
<
uJ
ro
w
~
z
~
"
~ ~ ..
~ tlj ~
I- ~ ~
W
:z rtl
~ ~ <{ kO
~ iii z ~ 0:.
" I
w
z
~
o
>-
~ ~
I-- aJ "'.- 1-
~ ::5 ~ ~ N
o ): Z
W III ti 0
ffi ~ ~ d f=
~ ;ii ;tj ~ u
Cl Cl 5 Q ~
>-
r-
~
ill
a.
o 0-
~ ~
a. ~
en
r-
r-
~
S
u ~~~
..5::2 f;; ~
uor~;g....\
o:ul::-::$
......... 0""'---
.~ u :; ~
u']j....'?-
~ c rJ ~
cn<l.l-""-
<:r::El
~
~.gcci:g
= ~ _~9
~~ ~i:
::C::ol:d~S::
="'g~2l
t:='~ ~ ~
:=:E"5E
E---< ~ 0.-
;l;
~~
<i
-
~
J;
~
~
ii
"
8