Resolution 1994-529
JUt 2 6 S9.It
RESOLUTIOtl I/O. 94- 529
RESOLUTION APPRO'lIIlG \-lITH COllDITIONS
PETITION CCSL-94-11 REQUESTIt/G A VARIANCE
FROM THE COASTAL CQtISTRUCTIOll SETBACK
LItlE TO ALLOH COllSTRUCTION OF A DUNE
\"ALKOVER, AT LOT 4, urlIT 2, LELY BAREFOOT
BEAtk, It/SEctION 6, TOI-lIISHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUIITY, FLORIDA.
WHEREAS, Tracy Il. Bean, of Bean, Whitaker, Lutz and Barnes
Inc., re~resenting Daniel Wayne Homes and E.J.J. Limited Partnership
II (Ethan Jackson, President) requests a variance from the Coastal
Construction Setback Line (CCSL) as required by Collier County
Ordinance No.
Division
91-102
3.13,
amended,
to
allow
as
construction of a dune walkover on Lot 4, Unit 2, Lely 8arefoot
Beach; and
WHEREAS, the subject property is located at the west end of ST.
Lucia Lane off Lely Boulevard at Lely Barefoot Beach; and
WHEREAS, the proposed structures will extend approximately one
hundred fe,et (100') seaward of the adopted CCSL; and
WHEREAS,
a dune wa lkover is a minor structure as def ined by
Subsection 161.54(68) Florida Statutes, and is consistent with the
Coastal Zone Protection Act of 1985; ~nd
WHEREAS, the petition is consistent .....ith the Collier County
Land Development Code Division 3.13, as amended; and
WHEREAS, the petition is consistent with the Collier County
...Growth. Mal)ag~,IR~D,~"J',J,i\f1... ..,;:.~. Gqn!5~!"yation .. a,UQ Coa sta.~MaD~ge,I1l~!'1t_.
",;, ,,~':'; '<";>:. ~ :::'. . .
Element.
NOW, THEREFORE, 8E IT RESOLVED 8Y THE 80ARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thi:lt:
Variance Petition
CCSL-94-11 be approved subject to the following conditions:
1. The dune walkover, sh<:lll be desiqned in accord<:lnce vlith the
standards of the Florida Department of Environmental Protection
(FOEP) - Division of Beaches and Shores, and an approved permit
shall be obtained prior to issuance of a Collier County building
permit.
2. Construction <:Ictivities shall not occur vii thin one hundred (100)
feet of the sea turtle nesting zone, defined by Collier county
Land Development Code Division 3.10, between May 1 - October 31,
sea turtle nestinq season, '"ithout t irst SUbmitting and
obtaining FDEP and Collier County Construction in Sea Turtle
Nesting Area Permits.
&OO~ 000 PAr,~ 37
-1-
4.
In the eveht protected species, burrows or
during construction, ...Ior).: shall cease,
CUrrent' Planning Environmental Staff
immediately.
JUL 26 m\
3. If it is necessary for vehicles to be on the beach during
construction, a Collier County Vehicle on the Beach permit shall
be required, subject to revie..... and approval by the Current
Planning Environmental Staff prior to any construction
activity. Vehicle on the Beach Permits will not be issued
during sea turtle nesting season unless in accordance with
Collier cou~ty Land Development Code Section 3.14.6.
nests are encountered
and Collier County
sha II be contacted
5. Petitioner ~hall notify Current Planning Environmental Staff one
week prior to commencing work sea.....ard of CCSL and shall again
contact Staff within one week following completion of work
seaward of CCSL.
6. Outdoor lighting associated .....ith construction, or development
within three hundred (300) feet of the high tide line, shall be
in compliance with Division 3.10 of Collier County Land
Development Code.
7. Petitioner shall re-vegetate the dune where the dune is devoid
of coastal dune vegetation (appropriate to that specific area
i.e. fore-dune or back dune). The re-vegetation shall be
completed, according to a plan submitted to and approved by
Current Planning Environmental Staff, prior to the issuance of a
Certificate of Occupancy.
8. Minor reyisions,. to Coastal Construction Setback Line Variance
CCSL-94-n (including changes in siting and structures) may be
approved, in writing, by the Site Development Review Director or
hiS/her designee.
9. The petitioner shall be subject to all guidelines of the
~ubmitted gopher tortoise relocation and management plan
prepared by Egvironmental Services Unlimited, William K. Byle,
Jr., dated, M.ay 27, 1994. Prior to any land development
activities the appropriate guidelines shall be completed.
This Resolution adopted after motion, second and majority vote
favoring same.
DONE AND ORDERED this
~, da~ ~f..~. , 1994.
BOARD OF. COldJIT-Y--:r:OMMlSSIONEHS
COLLIER~~OUNTY, FLORIDA
,"",t" ';7'-"_f': ;,":,H""~'~'~."""""- ," .~.. ,'/':'..'
DATE: '/~~~
/
ATTEST: / BY:
DWIGHT E. BROCKj- Clerk RMAN
~:r'-DE~R{
Approved as to Form and Legal
Sufficiency: &OOK 000 PA',~ 38
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EXHIBIT
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