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Backup Documents 09/25-26/2012 Item #17B 17B COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,August 31, 2012, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the Department of Planning and Zoning,2800 North Horseshoe Drive,Naples,Florida 34104. Originating Dept/Div: GMD/Planning and Zoning Person: Michael Sawyer,Project Manager Date: August 27,2012 Petition No.VA-PL20110002627,Donald Gray Variance Petitioner: Donald E.Gray, 144 Limetree Park Drive,Bonita Springs,FL 34135 Name&Address of any person(s)to be notified by Clerk's Office:D.Wayne Arnold,AICP,Q.Grady Minor and Associates, P.A.,3800 Via Del Rey,Bonita Springs,FL 34135 Hearing before: BZA Requested Hearing date:Tuesday,September 25,2012. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326-649100- 00000; Purchase Order Number: 4500096189; Account Number: 068779 Reviewed by: ... ' $" 2.7—f Division /.ministrator or Designee Date List Attachments Resolution DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFI E US ONLY: 12"-V Date Received: 2 ! 2—Date of Public Hearing: 1 25 (Itate Advertised: / v . 178 ,,..- OFFICE OF THE CO„IN7Y ATTORNEY 2911 DEC -2 AM II: 24 ITEM NO.: DATE RECEIVED: FILE NO,: 1 , cPS o/ 3/ ROUTED TO: DO NOT WRITE ABOVE .T'I-IIS SPACE REQUEST FOR LEGAL SERVICES 17o�`1 'C Old Date: November 30, 2011 To: Assistant County Attorney �eJ From: Michael Sawyer, Project Manager BACKGROUND OF REQUEST/PROBLEM: To create an ordinance or resolution and the title. Petition Number/Name: VA-11.,20110002627, Donald E. Gray Folio No. 56000880009 178 RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A REDUCED SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN 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 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 Sections 4.02.03 and 5.03.06.E.5 of the Land Development Code to permit a reduced side yard setback from 7.5 feet to 0 feet for a dock facility as shown on the attached Exhibit "A", in the RSF-4 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-PL2011-2627 filed on behalf of Donald E. Gray by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property hereinafter described as: Lot 6, Block G, of that certain subdivision known as LITTLE HICKORY SHORES, REPLAT OF UNIT 3, according to the map or plat thereof on file and recorded in Plat Book 6, page 2, Public Records of Collier County, Florida (Folio No. 56000880009) Gray Variance/VA-PL2011-2627 12/12/11 1 of 2 17B 44. be and the same hereby is approved for a variance to permit a reduced side yard setback from 7.5 feet to 0 feet for a dock facility as shown on the attached Exhibit "A", in the RSF-4 zoning district, wherein said property is located. 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 day of , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , Chairman Approved as to form and legal sufficiency: DRAFT Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachment: Exhibit A—Site Plan 11-CPS-01131/5 Gray Variance/VA-PL2011-2627 12/12/11 2 of 2 178 TITLE A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL2011-2627, for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced side yard setback from 7.5 feet to 0 feet on property located on Lot 6, Block G of the Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25 East in Collier County,Florida 11-CPS-01131/6 V\ r?7\' r Gray Variance/VA-PL2011-2627 12/12/11 17B Acct. #068779 August 28, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, Florida 34110 Re: VA-PL20110002627, Donald Gray Variance Dear Legals: Please advertise the above referenced notice on Wednesday, September 5, 2012 and kindly send the Affidavit of Publication, in Duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 178 i NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, September 25, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4 . 02 . 03 AND 5 . 03 . 06 .E. 5 TO PERMIT A REDUCED SIDE YARD SETBACK FROM 7 .5 FEET TO 0 FEET ON PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 , (239) 252-8380; assisted listening devices for the hearing impaired are available in the County 17B Commissioners' Office . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) nt orb` 11ier 17B CLERK OF THE RC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA4101-3 44 Auditor :: Custodian of County Funds nd August 28, 2012 Donald E. Gray 144 Limetree Park Drive Bonita Springs, FL 34135 RE: VA-PL20110002627, Donald Gray Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, September 25, 2012, indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 5, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK r Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk@collierclerk.com s punt fCallier 7 B CLERK OF THE dA RCUIT COURT COLLIER COUNTY,COUR OUSE Dwight E. Brock 3301 TAMIAMI AIL EST Clerk of Courts Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORIDA` 4101-344 Auditor I, Custodian of County Funds 1, August 28, 2012 Q. Grady Minor and Associates, P.A. D. Wayne Arnold 3800 Via Del Ray Bonita Springs, FL 34135 RE: VA-PL20110002627, Donald Gray Variance Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, September 25, 2012, indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 5, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerkcicollierclerk.com 17B Martha S. Vergara From: Martha S.Vergara Sent: Tuesday,August 28, 2012 1:53 PM To: Naples Daily News Legals Subject: VA-PL2011-2627 Gray Variance Attachments: VA-PL20110002627 (9-25-12).doc;VA-PL20110002627 (Donald Gray 9-25-12).doc Legals, Please advertise the following attached ad on Wednesday, September 5, 2012. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara @collierclerk.com 1 Martha S. Vergara 17B From: Legals NDN <legals @naplesnews.com> To: Martha S.Vergara Sent: Tuesday,August 28, 2012 4:16 PM Subject: Read:VA-PL2011-2627 Gray Variance Your message To: Subject: VA-PL2011-2627 Gray Variance Sent: Tuesday, August 28, 2012 4:15:58 PM (UTC-05:00) Eastern Time (US & Canada) was read on Tuesday, August 28, 2012 4:15:50 PM (UTC-05:00) Eastern Time (US & Canada). 1 171 Martha S. Vergara From: Green,Amy <AGreen @Naplesnews.com> To: Martha S.Vergara Sent: Thursday, August 30, 2012 9:41 AM Subject: Read:VA-PL2011-2627 Gray Variance Your message To: Subject: VA-PL2011-2627 Gray Variance Sent: Thursday, August 30, 2012 9:41:05 AM (UTC-05:00) Eastern Time (US & Canada) was read on Thursday, August 30, 2012 9:40:55 AM (UTC-05:00) Eastern Time (US & Canada). 17B k Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Thursday, August 30, 2012 9:44 AM To: Martha S.Vergara Subject: Ad Confirmation Attachments: UAS2141.jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 08/30/12 Publication NDN Account Number 744102 Ad Number 1959557 Total Ad Cost $321.30 1 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 B Notice is hereby► given that the Board of Co,,unt Commissioners, as the Board of Zoning Appeals, O (Oilier county will hold a:pubilc hearing an Tuesday, September 25, 2a12, irk the "boardroom, 3rd Floor, Administration Building, Collier Count Government Center, 3299 TarniaMi Trail East, Napies, Florida: Tie meeting will begin.at 9:0 A.M.The title of the proposed resolution is as follows: A RESOLUTION,ON; OF "THE 'HOARD OF iON`I;N 6 APPEALS OF COLLIER 'COUNTY. FLORIDA, RELATING TO PETITION' NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION ;4.02.03 AND S.M.061,5.0615 TO PERMIT A REDUCED LOCATED YARD SETBACK FROM 7.5. FEET TO 0 FEET,ON PROPERTY TED. ON LOT , BLO. 0 C THE ISI1 E 1-HICKORY SHORES SUBDIVISION IN SECTION Sr TOWNSHIP 48 SOUTH,. + E 25 EAST IN CO 1ER- OUNTY, FLORIDA. A copy of the propOSed Resolution is on file with the Clerk ato the-Board and is ailable` for inspection., Ail interested parties are invited to a tei^d and be hearts. NOTE: All Wishing to=speak on any agenda.item must register with the County Administrator rator prior to presentation of the agenda item to be addressed. Individual speakers Gill :be limited to 3 minutes.on any item, The selection of an Elndkwidual to speak 'on behalf of any organization or group is encouraged. If recdg.nixed by the chair, a spokesperson for a group or organization may be allotted: 10 minutes to speak on'an item. Persons wishing to have written or graphic materials included ill the,Board agenda packets must submit said material a. minimum of 3 weeks prior.to the respective public hearing, In any case,,written materials' intended to be-considered by the Board shall be submitted to the.appropriate y county staff a minimum of severn. days, prior to the public hearing. All material used in presentations before the<Board will become a permanent part of the record. Any person who decides to'.-appeal a decision of the Board will need a record of the pr c _ dings pertaining thereto and therefore, may n d tp ensure that a verbatim record Of the proceedings i$ made, which record'`i, cludes t# e testimony and evidence 'upon Which-the appeal is based. If you are a person with disability he needs any ccommod ion- in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain. assistance. Please contact theCol.lier County Facilities Management Department, located at 3335 Tam.iarni Trail.East, Suite #101, Building Utt,-Nales, Florida „321-112, (2.39)2524386; assisted listening devices for the hearing impaired are available in the County. Commissioners' Office. BOARD OF.COUI.NTY COMMISSIONERS BOARD OF ZONI=NG,APPEALS COLLIER COUNTY FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK ,B Martha Vergara, DePuty Clerk MAO September 201? No. 19 338 Martha S. Vergara 178 From: SawyerMichael <MichaelSawyer @colliergov.net> Sent: Thursday,August 30, 2012 3:52 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; MorganTrish; Neet, Virginia; Rodriguez,Wanda; Brock, MaryJo Subject: RE: BCC ad, VA-PL2011-2627, Donald Gray Variance Attachments: DRAFT Resolution (030212) use this reso.pdf;Title (rev 030212) use this title.docx Sorry. I provided an incorrect resolution and title for this ad. Please revise and use the attached. Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 From: SawyerMichael Sent: Monday, August 27, 2012 11:11 AM To: 'Minutes and Records' Cc: BellowsRay; BosiMichael; MorganTrish; NeetVirginia; RodriguezWanda; BrockMaryJo Subject: BCC ad, VA-PL2011-2627, Donald Gray Variance Please find attached request for legal advertising for public hearing with copy of resolution. Please also let me know of any questions or issues. Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252-2926 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 17B RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627 FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 1.55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN 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 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 was made and provided, and has considered the advisability of a variance from Sections 4.02.03 and 5.03.06.E.5 of the Land Development Code to permit a reduced west riparian side yard setback from 7.5 feet to 0 feet and a reduced east riparian side yard setback from 7.5 feet to 1.55 feet for a dock facility as shown on the attached Exhibit "A" in the RSF-4 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-PL2011-2627 filed on behalf of Donald E. Gray by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property hereinafter described as: Lot 6, Block G, of that certain subdivision known as LITTLE HICKORY SHORES, REPLAT OF UNIT 3, according to the map or plat thereof on file and Gray Variance/VA-PL2011-2627 Rev. 3/02/12 1 of 2 17 B L recorded in Plat Book 6, page 2, Public Records of Collier County, Florida(Folio No. 56000880009) be and the same hereby is approved for a variance to permit a reduced west riparian side yard setback from 7.5 feet to 0 feet and a reduced east riparian side yard setback from 7.5 feet to 1.55 feet for a dock facility as shown on the attached Exhibit "A" in the RSF-4 zoning district, wherein said property is located. 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 day of , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: DRAFT Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachment: Exhibit A—Site Plan 11-CPS-01131/9 Gray Variance/VA-PL2011-2627 Rev. 3/02/12 2 of 2 178 a b t'-r'' -1 ti i 1 - _ J �� �L. a o. p�c O �H m N�4 a { a^ O 1_1'§ hJ 15 0 z M u3 O w N _r al X te a t.Ni m o T p N o(7 N ri N N t1 • N ,,,j,,,j M Q O C ' -----1 '- 1 yp i� PROTRU510 H Of 26 �- O~ a ��p c;,,,,, N A BOnT�ENG,f_ fir $ 8 y r • :R 1 � X O 1111 O. 3 ' Z& aO_a O C 4 � Q 4 (,• , T `-' f \•'s4 '.1 - Z Fes. 3 k B , ® ,4e 1, y °� mof m e R E S` it ! xn 2 a a 11na 11 ... 6 4., el,., ..'..' 431'.' A II 1% - ® X .---- - o 9 agCC Z o N ! t yy a s 2 t/2 b C I ® 0 x2� i Rer %S • a s O h wo _ 0 O 1 g3 x b cp.] th /-- 17/ 1101 i_ : 1 1 17B a TITLE A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL2011-2627 for a variance from Land Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced riparian side yard setback from 7.5 feet to 0 feet on the west side of the subject property and a reduced riparian side yard setback from 7.5 feet to 1.55 feet on the east side of the subject property located on Lot 6, Block G of the Little Hickory Shores Subdivision in Section 5, Township 48 South, Range 25 East in Collier County, Florida 11-CPS-01131/10 Gray Variance/VA-PL2011-2627 Rev. 3/02/12 17B 64 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, September 25, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 4 . 02 .03 AND 5 .03 . 06 .E.5 TO PERMIT A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7 .5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7 .5 FEET TO 1. 55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, 178 located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 , (239) 252-8380 ; assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara 1-7 B From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Tuesday, September 04, 2012 11:08 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad# 1960338 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, September 25, 2012 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East,Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 1.55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W,Naples, Florida 34112, (239)252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) September 5, 2012 No. 1960338 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options 1 17B , '1:-- NAPLES DAILY NEWS Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee NOTICE OF INTENT TO CONSIDER RESOLUTION Before the undersigned they serve as the authority,personally •Notice •is hereby • f iven t Count Board of aCounty hear Commissioners,ere, as the Board of Zonin Appeals,o Y public a eared Lynn Schneider, who on oath says that she serves as 25, 2$,z, .n the Boardroom, 3rd Floor, Administration 9uildin ollier count ,l )'nn y Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will Order Entry Data Specialist of the Naples Daily News, a daily begin at 9:00 A.M.The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, newspaper published at Naples, in Collier Count Florida; FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627, FOR A VARIANCE p P y� FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A distributed in Collier and Lee counties of Florida; that the REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 1.55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY attached copy of the advertising,being a LOCATED ON LOT 6,BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5,TOWNSHIP 48 SOUTH,RANGE 25 EAST IN COLLIER COUNTY,FLORIDA. A copy of the proposed Resolution is on file with the Clerk tb the Board and is PUBLIC NOTICE available for inspection..All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item toe be addressed.e. Individual speakers will be limited tb 3 minutes on any item' is eni a an individual to speak on behalf cif an organization or Iuup a9 in the matter of PUBLIC NOTICE If recognized by the Chair, a spokesperson for a group or,organization-may be allotted 10 minutes to speak on an item. "au„t' Persons wishing to have written or graphic mat included in the.Board agenda was published in said newspaper 1 time in the issue packets must submit said material a minimum of weeds,prior to here p public hearing. In any case, written mai,nhale intN t0' -q,ed tn on September 5th, 2012 Board shall be submitted to tie appropriate o at�O rnr th �n as prior to the public hearing.Al material bead be the wilt become a permanent part of the record. . ; Any person who decides to appeal a pion of the Booar�d'will need a record of the proceedmgs pertaining thereto and tore,may rtedd u ehsthe testimony nand Affiant further says that the said Naples Daily News is a newsp record of the proceedings;is made, which raegrdc{lnaudes evidence upon which the appeal is based. published at Naples, in said Collier County, Florida, and that the ' If you are a person with disability who needs any accommodation in order to to newspaper has heretofore been continuously published in said CI ofrtcert in assistance. Peat:contact the iColle ncountyt Facilities Man gement Department, located at 335 Tamiami Trait East, Suite M101, Building W,.Na lee, County, Florida; distributed in Collier and Lee counties of Florid Florida 34112)(239)252.8380;asssted listening devices for the hearing imparredpare available in the om County t •Commissioners'Office. each day and has been entered as second class mail matter at th BOARD of COUNTY ComssloNERS office in Naples, in said Collier Count for a period BOARD of ZONING APPEALS , p , Y� Florida, period COLLIER COUNTY,FLORIDA year next preceding the first publication of the attached cop) FRED COYLE,CHAIRMAN advertisement; and affiant further says that he has neither paid DWIGHT E.BROCK,CLERK ' promised any person, firm or corporation any discount,rebal i5 Martha Vergara,Deputy Clerk No 1460338 commission or refund for the pu ose of securing this advertisem, 5-e9r ber 5'012 publication in the said n- ,s I a i, / i 1 ( Si_ : ure of affiant) Swo to and subscrilled efore me Th•" 6th day of S em er, 2 12,,,d , (IAA(Signature of notary public) •��;Y':' CAROL PAWLINSKI 41 ,, MY COMMISSION#EE 45538 EXPIRES:November 28,2014 1•%`,, rd Insurance Agency 7 tif� BondadThruPdia 4 1.0i ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1 7 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD Planning & Regulation/Operations 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 9/Zit (/Z 6. Minutes and Records Clerk of Court's Office h PRIMARY CONTACT INFORMATION •(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Mike Sawyer Phone Number 252-2926 Contact Agenda Date Item was September 25,2012 Agenda Item Number 17B Approved by the BCC Type of Document Resolution /'�Cb Number of Original 1 Attached �,okti Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions,etc. signed by the County Attorney's Office and signature pages from contracts, agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the /ra' document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ////S signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. /t/S Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC September 25,2012 and all changes made during the meeting have been incorporated in the attached document.The County /t/(f Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 17 MEMORANDUM Date: September 27, 2012 To: Mike Sawyer, Project Manager Zoning & Land Development Review From: Martha Vergara, Deputy Clerk Board Minutes & Records Department Re: Resolution 2012-168 (VA-PL2011-2627 — Little Hickory Shores) Attached for your records is a copy of thedocument referenced above, (Item #17B) adopted by the Board of County Commissioners on Tuesday, September 25, 2012. The Minutes and Record's Department will hold the original document in the Board's Official Records. Thank you. Attachment 1 7 B RESOLUTION NO. 12- 16 8 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-PL2011-2627 FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTIONS 4.02.03 AND 5.03.06.E.5 TO PERMIT A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 0 FEET ON THE WEST SIDE OF THE SUBJECT PROPERTY AND A REDUCED RIPARIAN SIDE YARD SETBACK FROM 7.5 FEET TO 1.55 FEET ON THE EAST SIDE OF THE SUBJECT PROPERTY LOCATED ON LOT 6, BLOCK G OF THE LITTLE HICKORY SHORES SUBDIVISION IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN 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 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 was made and provided, and has considered the advisability of a variance from Sections 4.02.03 and 5.03.06.E.5 of the Land Development Code to permit a • reduced west riparian side yard setback from 7.5 feet to 0 feet and a reduced east riparian side yard setback from 7.5 feet to 1.55 feet for a dock facility as shown on the attached Exhibit "A" in the RSF-4 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-PL2011-2627 filed on behalf of Donald E. Gray by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property hereinafter described as: Lot 6, Block G, of that certain subdivision known as LITTLE HICKORY SHORES, REPLAT OF UNIT 3, according to the map or plat thereof on file and Gray Variance/VA-PL2011-2627 Rev 9/04/12 1 of 2 , t„ 17B recorded in Plat Book 6, page 2, Public Records of Collier County, Florida (Folio No. 56000880009) be and the same hereby is approved for a variance to permit a reduced west riparian side yard setback from 7.5 feet to 0 feet and a reduced east riparian side yard setback from 7.5 feet to 1.55 feet for a dock facility as shown on the attached Exhibit "A" in the RSF-4 zoning district, wherein said property is located. 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 jc day of Sepkmbti , 2012. ATTEST] "• ., BOARD OF ZONING APPEALS DWIGHT E. BROCTC, CLERK COLLIER COUNTY, FLORIDA sir By. By are t• C,,,,,,--L4 S) Dep 1lerk FRED W. COYLE, Cheitnan *ttest''e$ to at sipistArs tow. Approved as to form and legal sufficiency: L (flak )---OCD 0 ip, Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A— Site Plan 11-CPS-01131/18 Item# �� Agenda I 75 12, Date Date / fyi L •-cd i ■ ' Ili I a■J Gray Variance/VA-PL2011-2627 ,)epu r Jerk Rev 9/04/12 2 of 2 1 •7 B I _ 4iaa 41I a II ' 'g 4', c 0 a v a W ;I .63 K`: I p . 7 i� ' \'l I s p i m z 7 z o 1� \\N 1 - 1 -_-- I i o o 2 E. 1 I a `__— >, c� oy Z C3 N -j'� / � s t-- o m pN 11 ��1�� \ �� \ 0 T O I. ., --— H W N V — %l i A J N M \ 1 a m >• 000 1 <J t' PA6?nUSiNN s -- 1 F- ;aa;CC--11 N f r�or_-----!IJ` r� O 1 =g e Jj xy _fir & ti =/ 0 1 11 s _� 1 `� 1 , iv'' 1 \ 20- ' i of % \ `m 1 �� � \, fI �o5 • IQ r , i c'0- �I aaa Q p a �1 ■ �� as FO E �_ �� 2S• 1y ^ P€ E tb i c, `.i O� p� a z b s a. 0 6'a x .. 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