Ordinance 73-10ORDINANCE NO. 73 - 10
AN ORDINANCE OF THE COUNTY OF COLLIER
AMENDING ORDINANCE NO. 73-5 BY PROVIDING
FOR AN ADDITIONAL ALLOWABLE VARIANCE TO
ALLOW CONSTRUCTION A MINIMUM OF 75 FEET
FROM THE CURRENT MEAN HIGH-WATER LINE OR
25 FEET FROM THE CURRENT VEGETATION LINE,
WHICHEVER IS GREATER, UPON LOTS LESS THAN
300 FEET DEEP IN SUBDIVISIONS PLATTED IN
ACCORDANCE WITH CHAPTER 177 OF THE FLORIDA
STATUTES AND THE SUBDIVISION REGULATIONS
OF COLLIER COUNTY, FLORIDA PRIOR TO APRIL
3, 1973.
BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION.iONE:
THAT Paragraph 2. of Section Two of Ordinance No. 73-5
be amended to read as follows:
"2. Right of Appeal and Variance. In any case where the
applicant desires to appeal an administrative determination or
a variance as to the construction setback line made under the
provisions of this Ordinance, such appeal or variance application
shall be filed with the Board of Zoning Appeals and processed in
accordance with Chapter 28 and the terms of Section 28-14 of the
Code of Collier County, Florida.
Each exception, or variance, is subject to affirmative
evidence provided by the applicant, at an advertised public
hearing, that any construction line established hereunder;
(a) Is a minimum of fifty (50) feet landward of any vegetation
line that has existed on the applicant's property within the
past twenty (20) years; and that considering ground elevations
in relation to historical storm tides and predicted maximum
wave Uprush, that the general public health and welfare are
preserved, upland properties protected and beach and sand dune
erosion controlled, or (b) As applied to applicant's property'
creates an unnecessary hardship in accordance with the provisions
of §28-14 of the Collier County Code. Upon such finding, the
Board may grant a variance in the construction line for said
property to a point no greater than 100 feet from the mean high-
~~ water~---~' line or 50 feet from the vegetation line, whichever is
~o~-~ greater.
NOTE: If a lot is less than 300 feet deep in a subdivision
platted prior to April 3, 1973 in accordance with the pk~t laws
of the State of Florida and the Subdivision Regulations of Collier
County a maximum variance to 75 feet from the mean high-water line
or 25 feet from the natural vegetation line whichever is the more
restricted may be granted.
The Board shall consider, in determining the extent of the
variance to be granted, the adverse effect, if any, on the
general public health and welfare, upland properties, sand dunes,
natural vegetation and natural beach to be created by the proposed
structure or structures considering ground elevations in relation
to historical storm tides and predicted maximum wave uprush.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this~-----day of July, 1973.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ATTEST:
Margare~ T. Scott ' -'~ C
Clerk ~o .~. ,Circuit Court --
,,~]~j~,.,,.. ",, .F.' Approved as to Form and ~Kality:
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David Emerson Brunet
Collier County Attorney