Resolution 2017-035 RESOLUTION 17 - 35
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, FOR A VARIANCE
FROM SECTION 4.02.03.A, TABLE 4 OF THE LAND
DEVELOPMENT CODE TO REDUCE THE MINIMUM
REAR YARD ACCESSORY STRUCTURE SETBACK LINE
FROM 20 FEET TO 6.55 FEET FOR A SWIMMING POOL,
SPA, POOL DECK AND STAIRS ON A WATERFRONT
LOT WITHIN THE RESIDENTIAL SINGLE-FAMILY
(RSF-3) ZONING DISTRICT ON PROPERTY LOCATED
AT 342 TRADE WINDS AVENUE, IN SECTION 29,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. [VA-PL201600011811
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 of the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance
from Section 4.02.03.A, Table 4 of the Land Development Code to reduce the minimum rear
yard accessory structure setback line from 20 feet to 6.55 feet for a swimming pool, spa, pool
deck and stairs on a waterfront lot, as shown on the attached Exhibit "A", in the
Residential Single-Family (RSF-3) Zoning District for the property hereinafter described, 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
9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area
of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in 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:
Petition Number VA-PL20160001181, filed by Jason Jenks of Jenks Builders, Inc. on
behalf of Roxanne Stone-Jeske and Nancy D. Koeper, with respect to the property hereinafter
described as:
[16-CPS-01573/1313827/1140 Rev. 1/20/17
Petition no. VA-PL20160001181 /342 Tradewinds Ave.
1
Lot 11, Block M, CONNERS VANDERBILT BEACH ESTATES, Unit 2,
according to the plat thereof recorded in Plat Book 3, Page 17, Public Records of
Collier County, Florida.
Folio No. 27585200007
be and the same hereby is approved for a variance from Section 4.02.03.A, Table 4 of the Land
Development Code to reduce the minimum rear yard accessory structure setback line from 20
feet to 6.55 feet for a swimming pool, spa, pool deck and stairs on a waterfront lot, as shown on
the attached Exhibit "A", in the zoning district wherein said property is located, and subject to
the Conditions of Approval described in the attached Exhibit"B."
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this b day of
C.00 r u , 2017.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT:F,.�BROCI ;V-LERK COLL "00 UNTY, FLORIDA
•
$ `Q I $
Y
Y , Depot lerk , Penny rf'.for , Chai r
Attest as to Chairman's
signature only.
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Attachment: Exhibit A—Conceptual Site Plan
Exhibit B—Conditions of Approval
[16-CPS-01573/1313827/1]40 Rev. 1/20/17
Petition no. VA-PL20160001181 /342 Tradewinds Ave.
2 o
Exhibit A
/
BOUNDARY SURVEY OF
LOT 11,BLOCK"M",UNIT No.2,CONNER'S VANDERBILT BEACH ESTATES,AS RECORDED IN
PLAT BOOK 3,PAGE 17,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
SUBJECT TO EASEMENTS,RESTRICTIONS AND RESERVATIONS OF RECORD.
1
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9.5 -15 0615025 C010.52 VACANT/NAVD E'-LEVA P.R.M.s PERMANENT REIERE CE ELEVATIONS BASED ON:NAV() 1988(ORIG.ON FL DNrA COL 29 1090 OEM)
DATE ORDER ,FIELD 8001( REVISIONS Sgt A. MONUMENT
IRONEROT LOCATED IN FLOOD ZONE:AE(i0')
5-19.16 05160)5 C010.52 FOUNDATIO N/EL 8/GERI-sip wX�44NRONN ROD PER F.I.R.M. DATED:5.16.2012 120210 018914
1216009 CO10.52 9TEMWAL-+.- ELEV NOTEc.M.a COAC�OMONUME s. CERTIFICATE
FIR A.FOUND IRON ROD I hereby certify that the above sketch coffee*
NO)) NAIL N(T�TIN,D-DISK) rspreeents o land sunny ds by me or under y VALID
PD.a FOUND direct supervision and meet. the lnimum technical
114)
m RECORD etandorde ar set forth by the Florido Board of ONLY
MEASURED Professional Lord Surveyor.In Ch SJ-I%050-SJ-17002FL Wff}I
CALCULATED AdnrinietrotIvs Code,Pursuant to Section 472.027,Florida
e DEED Statutes.I further certify that it is only for the lends EMBOSSED
OMNI SURVEYS, INC. DRa herein described and lid only nth the raised SEAL
PUE.PUBLIC IJRl11Y EASEMENT .rr, ed rvay0Y.seal of the den.ig ed,it is not o
WM -WATER METER certiNooNon of Title,Zoning r freedom of encumbrancer.
FH m WATER YALYE
WV . ARE HYDRANT
LB 6584 MH MANREIHOLE(SS-SAN,STS-STORM)
RCP- CORRUGATED CONCRETE PIPE Pe 1..
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CMP R CORRUGATED METAL
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TEL (239) 939-3666 ME s MITERED END
FAX (239) 839-7181 CO..CATCH aA POLE r('/�s_�IN Sco E Marhenke, p5
4568 TILTON COURT FORT MYERS, FL 33907 )PIP1, 11RGHT,P�POWER) Florida Registration No. 4920 ei)
EXHIBIT B
Conditions of Approval
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a
state or federal agency and does not create any liability on the part of the county for
issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the
obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law.
3. Upon demolition or destruction of 50 percent or more of the actual replacement value of
the swimming pool, spa, pool deck and stairs, this variance will be void and any
reconstruction shall meet setback requirements at the time of a building permit.
4. The owner shall apply decorative cladding, or install a berm or landscaping or
combination thereof, to shield the view of the portion of exposed stem/concrete retaining
wall so that there is only a maximum of four feet of stem/concrete retaining wall
exposure.
[16-CPS-01561/1302517/1]
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