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Resolution 1982-019 February 9, 19A2 - - - - - - -- -- - - - -- - - --- - - - - - - - - - -- - - - - - - - - -... ,. RESOLUTION 82-19 RE PETITION CCCL-Al-9C, BORAN, CRAIO, SCnRECK CON- STRUCTION COMPANY, INC. REOUESTING A CCCL VARIANCE FOR PROPERTY KNOWN AS SEA WINDS OF MARCO BEACH - ADOPTED WITH RTIPULATIONS SET FORTH IN THE RESOLUTION Legal notice having been published in the Naples Daily Nows on January 24, 1982 and in the Marco Island Eagle on January 20, 1982, as evidenced by Affidavits of Publication filed with the Clork, public hearing was opened to consider Petition CCCL-Bl-9C, filed by Boran, Craig, Scheck Construction Company, Inc. requesting a vari~nce from the Coastal Construction Control Line for property located in Section 18, TS2S, R26E, known as SeD Winds of Marco Island to permit tho erection of temporary construction fencing 10 feet seaward of the &i:Otao1. f.::i",cd CCC L . County Environmentalist Benedict explained that tho fencing is being built to k~ep the general public out of the construction area; to SAt a seaward limit to potential construction related impact on the natur~l systems and to provida aecurlty for the construction site. He said the vllr~:e'I((' I...~~S not set 1!I precp~""1I"'" Fnr tho location of future structures s~award of the CCCL on tho property, and that he has the requirements within the resolution that tho fencing be removed immediately upon complotion of the project; th~t any vegetation and/or topography of any disturbed area will be restored to the natural, pre-construction state, and th~t he be notified of the project completion so that a final site inspection cftn be conducted. Commissioner Wenzol moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Kruse and carried un~nimously, that R.solution 82-19 ro Petition CCCL-81-9C, be adopted with the stipulations set forth in the Resolution. BOOK 067 fACt' 400 P~90 5 --------~------------~------------___~~__4 BOOK 067 P^~t 401 February 9, 1982 RESOLUTION 82 - 19 . RELATING TO PETITION NO. CCCL-Ol-9C FOR A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE AS REQUIRED BY ORDINANCE 75-19. WHEREAS, the peti tioner hlls requested 0. variance from the Coastal Construction Control Line as required in Ordjn- I1nce 75-19 for the purpose of erecting temporary construc- tion fencing 10 feet seaward of the existing Coastal Con- struction Contrl'"\l Line on the following described proper'ty: LEGAL DESCRIPTIO~ A parcel of land, lying in Section 19, TownShip 52 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: commencing at the intersection of the centerline of South ColI ier Boulevard and Swallow Avenue as shown on the Plat of Marco Beach Unit 10 as recorded in Plat Rf)....k 6. Pages 74 thru 79, inclusive, of the Public Records of Collier County, .:.'':',:):: "1;,: thence run N 01019' 53" E fllong the centerline of said South Collier boule- vard a distance of 221.83 feet; thence N 05041107" W, Ii distance of 50.0 feet to an iron pin, said iron pin being on the Westerly Right-of Way line of said south collier Boulevard and the POINT OF BE.';INNING of the hereby described property; thence N 85041' 0711 W, a distance of 531. 88 feet to an iron pin; thence N 850 41'07" W, a distance of 31 feet more or less to a point being on the approximate Mean High Water Line (+1.5 contour) of the Gulf of Mexico as it now exists, said point hereby designated Point "A"; thence return to the POINT OF BEGINNING and run N 04018' 5311 E along the Westerly Right-of-way Line of South Collier Boulevard a distance of 249.0 feet to an iron pin; thence N 85041' 07" W a distance of 564.09 feet to an iron pin; thence continue N 05041' 07" W a distance of 12 feet more or less to a point being on the lIpproximate Mean of High Water Line (+1.5 contour) of the Gulf of Mexico 8S it now exists; thence run in a Southerly direction along said Mean nigh Water Line (1.5 contour) a distance of 250 feet more or less to the o.forcmentioned Point "A" and the POINT OF TERMINATION. ~nIEREAS, tho County Cnvironmento.list has roviewod ollid petition and has prepared an Executive Summary rego.rding the potition, and ~IEREAS, the Donrd of County Commissioneru has examined the Executive Summary with its recommcndntionol c=l ~~;~ ~ -- iii' fill ~:.:~"'J ...'.:1:,,"". February 9, 1982 NOW, nJEREFORE, DE IT RESOLVED, by the Board of County Commissionora of Collier County, Florida that Potition CCCL- 8l..9C bo granted subj ect to tho condi tiona Hated belo". 1. The granting of this petition is to permit th(i" erection of temporary conGtruction fencing 10 feet;:..;: seaward of the existing Coastal Construction;\, '.. Control Lino. Conatruction fencing shall be per-;,;:,!}:\.r:,\ mi tted seawa1'd of the Coastal Construction Control;-,:>, ' Line only in front of tho proposed building and in, ",., the area 30 feot to each side of said building. 2. Tho issuance of this variance does not set a pre- cedence for the location of future structures in the area seaward of the Coastal Construction Control Line. It solely permits a temporary al- teration to the site followed immediately by the restoration of a natural, undisturbed site condi- tion. 3. During construction every effort should be made to minimi?o construction related impacts in the sen- si tive zone seaward of the Coastal C"nst.t"J.c'tion Control Line and landward of the temporary fenc- ing. 4. No sand or fill material will be removed from the variance area. 5. Sea oats and/or sea grape plants existing in the variance area at a location where they will likely be destroyed shall be transplanted seaward of tll0 variance area, 6. Hv equipment or cc~~:;,t!"'.1ct~.on material will be stored seaward of the varlance area. 7. Upon completion of this project, the temporary fencing must be removed immediately. Following removal of the temporary fencing, nat- ural dune vegetation and/or topographic relief un- avoidably damaged or altered during construction shall be'restored to their natural state. 8. 9. At the completion of area, restoration, the County Environmentalist shall be notified and a site in- spection shall be made to insure compliance with the conditions of this Resolution. The granting of this variance aha11 not be valid unless the petitioner receiveu Q variance trom the State Cabinet from the state RegUlations governing tho Coastal Construction Control Line. 10. BE potition Duu'd. IT FURTHER RESOLVED that this Resolution ro1ating to CCCL-91-9C 'be' r~cordcd . in . the minutes ot this . <':' ,. ..t.: i~";.'J::" .;~!i,\(.i " 'oo~:~067 :rA~~:{OZ February 9, 1982 commioaionor Pistol' offered tho foregoing and moved its adoption, occondod by CommiosiDnor and upon roll call tho vote wasl rooolution Kl'uSO A~ESI Commissioners Pistol', Kruso, Wenzel, Drown and Wimer NAYS: none ABSENT AND NOT VOTING: None ABSTENTION: None DONE this 9th day of Fobruarv , 1982. BOARD OF cOUNTY cOMMISSIONERS COLLIER COUNTY, FLORIDA MAB/na/117-BB 12/28/81 ~ 3 ~, I) ... A~ v"...... t-t~ WIMER, CHAIHMAN ~ ..