Resolution 2010-047
RESOLUTION NO. 10- 47
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA RELATING TO PETITION
NUMBER V A-PL-2009-37, FOR A VARIANCE FROM THE
REQUIRED FRONT YARD AND SIDE YARD SETBACKS OF
LAND DEVELOPMENT CODE SUBSECTION 4.02.01, TABLE
2.1 RELATING TO GUY LINES OF A COMMUNICATIONS
TOWER LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 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. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions ofthe 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 variance from the front yard and side yard
setback requirements of Land Development Code Subsection 4.02.01, Table 2.1 in the Estates
(E) zoning district for the property located at 5860 Crews Road in Section 8, Township 50 South,
Range 26 East, Collier County, Florida and more particularly described in Exhibit "C" attached
hereto and incorporated herein, 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 Section 4.02.01, Table 2.1 of said Land Development Code of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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:
FLO TV V A-PL-2009-37
REV. 01/20/10
10f2
Petition Number V A-PL-2009-37 filed by Kimberly J. Madison, Esquire of Ruden,
McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Inc. with respect to the
subject property, be and the same is hereby approved for a variance from the front and side yard
setback requirements of the Land Development Code, Subsection 4.02.01, Table 2.1, to allow a
variance of 55.7 feet from the 75-foot front yard setback requirements, thus permitting a setback
of 19.3 feet and variances of 22.3 feet and 22.6 feet from the 30-foot side yard setback
requirements, thus permitting setbacks of 7.7 feet and 7.4 feet in the Estates (E) zoning district
wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-PL-
2009-37 be recorded in the minutes of this Board.
This Resolution adopted after motion, second, and super-majority vote, this 2.3 day of
~2010.
ATTEST:" .
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Approved' as' to form
and legal sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BYJuJ-W. (~
FRED W. COYLE, . irman
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Steven T. Williams r:ft~
Assistant County Attorney I'~O'( 0
Attachments: Exhibit "A" - Master Plan
Exhibit "B" - Conditions
Exhibit "C" - Legal Description
09-CPS-00963\12
FLO TV V A-PL-2009-37
REV. 01120/10
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Exhibit A
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Exhibit B
CONDITIONS OF APPROVAL
V A-PL-2009-037
September 24, 2009
1. The Variances granted shall be strictly limited to the front and side yard
encroachments of the guy lines and their support anchors, as depicted in
the applicant's submitted survey, dated September 18, 2008, included as
Exhibit A.
2. All of the guy line anchors on the site shall be enclosed by a fence.
LEGAL DESCRIPTION
Property located in Collier, FL
TIle West one-half (W !It) of the Northwest one-quarter (NW Y-.) of the Southeast one-quarter
(SE 1,4) of the Southeast one-quarter (Sf: 1,4) of Section 8, Township 50 South, Range 26 East,
Collier County Florida, also known as Tract No. 20, Enchanted Acres, less the South 30 feet for
road right-of-way purposes.
AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania
corporation from Sterling Communication Corporation, a Florida cOrp<lration by Warranty Deed
dated January 13. 1999 and recorded J nnuary 20, 1999 in Deed Book 2503, Page 1624.
Tax Parcel No. 00405160008
RM:6J.42S36:l
Exhibit C