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Backup Documents 05/25/2010 Item #17A17A tf COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDES. /Zoning Person: Nancyu dl h, AICP Date: iF 8 Petition No. (If none, give brief description): VA- PL2009 -1220, 211t Street SW Petitioner: (Name & Address): Mr. Leo Lasher, 129 Sabal Drive, N. Fort Myers, FL 33931 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: May 11, 2010 Based on advertisement appearing 15 days before hearing- Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA- PL2009 -1220, (NG) Leo F. Lasher, is requesting one after - the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request is for a variance of 9.4 feet from the required rear yard setback of 75 feet as required by Collier County Land Development Code Subsection 4.02.01 Table 2.1. to allow the existing accessory structure to remain at 65.6 feet from the rear property line. The subject 2.5t acre property is located at 265 21st Street SW, in Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in Section 7, Township 49 South, Range 27 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by r- Divisio Administrator or Desi e Biu Lorenz List Attachments: 4-18(00 Date DISTRIBUTION INSTRUCTIONS A _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 rile: to Requesting Division Original Clerk's Office A Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFIC�tE, USE ONLY: r1,,, e Date Received: �' %i W�0 Date of Public hearing: I 1 VO Date Advertised: 25 O %lam'} ( G S �Or l' 5%�2oca 5�g12o►o 17A RESOLUTION 10 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21sT STREET SOUTHWEST HEREINAFTER DESCRIBED 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 of 9.4 feet from the required rear yard setback of 75 feet to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the Estates (E) 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: VA- PL2009 -1220 Rev. 12/4/09 1 oft 17A Petition Number VA- PL2009 -1220 filed by Leo F. Lasher with respect to the property hereinafter described as: The South 165 feet of Tract 44, GOLDEN GATE ESTATES, UNIT 8, according to the plat thereof in Plat Book 4, Pages 97 and 98 of the Public Records of Collier County, Florida be and the same hereby is approved for a variance of 9.4 feet from the required rear yard setback of 75 f=t to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Fr= This Resolution adopted after motion, second and majority vote this day of 2010. 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 Section Chief, Land Use/Transportation 09-CPS -0099714 14FAC 12/4/09 VA- PL2009 -1220 Rev. 12/4/09 2of2 Q F m W 2 y. [C � CJ Cf ?Iwm¢ W V L. U t ttuC IJ V ok, u� bJN N T K C � W J4J Z QL. in 11 F W I J041, r. ql_ z [> R q �a fir: MV1.11 _ 8a ee m oo yc. o a t U w 8 Q ::J r.'j I� i� yt CQ �1 o >� i. F(' b y .0 al N n Y q C I 4 yZh F'E 1 W A Zinn q U.'b mUp O b ro c C Z m o J •n y 5 N 2 W "yz O zqzV CK� W J 1 S u i nl :•.lI it 1 �i F'i fdlyhy5� RR�R~2 g FCR Y •.� it 3i3.d5.,zZ Y F:- !i alzwb `s s�}'rfn` Eq qta Y 17A Acct. #068779 April 12, 2010 Attn: Legals Naples News Media 1 100 Immokalee Road Naples, Florida 34110 Re: VA- PL2009 -1220, 21sT Street SW Dear Legals: Please advertise the above referenced notice on Sunday, April 25, 2010 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 17A NOTICE OF PUBLIC HEARING 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, May 11, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, 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- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21sT STREET SOUTHWEST HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA Petition: VA- PL2009 -1220, (NG) Leo F. Lasher, is requesting one after - the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request is for a variance of 9.4 feet from the required rear yard setback of 75 feet by Collier County Land Development Code Subsection 4.02.01 Table 2.1. to allow the existing accessory structure to remain at 65.6 feet from the rear property line. The subject 2.5 +/- acre property is located at 265 218t Street SW, in Plat Book 4, Page 91 and 98 of the Public Records of Collier County, in Section 7, Township 49 South, Range 27 East, 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 5 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 A Y 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 3301 Tamiami Trail East, 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) Coup ',of o'' I ier CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts April 12, 2010 Mr. Leo Lasher 129 Sabal Drive N. Ft. Myers, FL 33931 COLLIER COUNTY. COURTHOUSE 3301 TAMIAMI TRAIL EAST F.O. BOX 413044 NAPLES, FLORIDA X4101 -3044 RE: VA- PL2009 -1220, 21sT Street SW Dear Petitioner: l7A Clerk of Courts Accountant Auditor Custodian of County Funds 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, May 11, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, April 25, 2010. 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.collierelerk.com 17smail: collierelerk(&,collierelerk.com im Martha S. Vergara From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, April 13, 2010 2:00 PM To: Martha S. Vergara Subject: RE: VA- PL2009 -1220 (21st Street SW) ok From: Martha S. Vergara [ mailto: Martha.Vergara @collierclerk.com] Posted At: Tuesday, April 13, 2010 10:48 AM Posted To: Legals - NDN Conversation: VA- PL2009 -1220 (21st Street SW) Subject: VA- PL2009 -1220 (21st Street SW) Legals, Please advertise the following attached ad on Sunday. April 25, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239- 252 -7240 239 - 252 -8408 fax (martha.vergara @collierclerk.com) Please visit us on the web at www.colliercierk.corn This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk(alcollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Nc is hereby given that the Board of Countyy Commissioners, as the Board of 2onino Appeals, of Collier room, 3m HOW, AdErInIt ration nuna- Ing, Colher County Government Cen- ter, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A. M. The title of the proposed I esolution is as follows. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUN TY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2.009 1220, FOR A VARIANCE OF 9.4 FEET FROM THE RE CURED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCES SORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCH "LED AT 265 21ST STREET SOUTHWEST HEREINAFTER OF SCRIBED IN COLLIER COUNTY, FLORI DA Petition VA PL2009 1220, (NG) Leo F. Lasher, is requesting one after - the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request Is for a variance of 9.4 feet from the required rear yard setback of 75 feet by Collier County Land Development Code Subsection 4.02.01 Table 2.1 to allow the existing accessory structure to remain at 65 -6 feet from the rear property line. The subject 2.5 +7 -acre pproperty Is located at 265 21st Street 5W, In Plat Book 4, Page 97 and 98 of the Public Records of Collier County. In Section 7. Town- ship 49 South, Range 27 East, Collier County, Florida. A copy Of the proposed forcOntlon is on file with the Clerk to the Board and is available for inspection. AB interest ed parties are invited to attend and be heard. NOTE. All Persons wishing to speak on any agenda item most register with the County Administrator prior to pre sentation of the agenda Item to be addressed. Individual speakers will be limited to 5. minutes on any item, The selection of an individual to speak on hehalf of an organization or group is encouraged If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 min- utes 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 3weeks prior to the respective public hearing. In any rase, 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 re cord. Any person who decides to appeal a decision of the Board will need a re- cord of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record in eludes 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 Pro- vision of certain assistance. Please con. tact the Collier County Facilities Man- agement Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, 5239)252.8380, Assisted listening devices for the hear ing impaired are available in the Counts, 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) April 25, 2010 No. 1809166 17A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, April 26, 2010 9:17 AM To: 'Pagan, Emely' Subject: Legal Notice No. 1849166 Hi Em, I couldn't find one of our legal notices that was supposed to run in yesterday's (April 25) paper. Can you help me, or should I e- mail /call someone else? Just let me know. Here's some info: Notice of Public Hearing to Consider Resolution Petition: VA- PL2009 -1220 (215' Street SW) No. 1849166 It looks like Martha sent in the request on April 13. Let me know what else you might need. Thank you O Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Tracking: 1 From: NeetVirginia Sent: Monday, April 26, 2010 9:36 AM To: ashton_h; Guncl achNancy Cc: Klatzkowieff Subject: 09- CPS -00997 VA- PL2009 -1220 - 265 21st Street SW (Lasher): Good morning! Unfortunately, the NDN failed to print the 15 -day ad for this petition on 4/25/10 as directed. I have spoken to Ann lennejohn in BMR who will be contacting the paper. By my count, it is too late to get is advertised for the 5/11/10 meeting. If there is a good side, the NDN did finally (they missed it for last meeting) advertise a street name change petition for the 5/11/10 meeting —twice in one edition!!! Let me know if you need anything else. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 - ,,,-Ac F 17A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Monday, April 26, 2010 10:39 AM To: 'GundlachNancy' Cc: 'NeetVirginia' Subject: RE: 09- CPS -00997 VA- PL2009 -1220 - 265 21 st Street SW (Lasher): Hi Nancy, This is regarding the (unpublished) legal notice for VA- PL2009 -1220 (215` Street SW - Lasher) I spoke with the Naples Daily News and they were not quite sure why that notice didn't make it in yesterday's paper. After speaking to Dinny, I'll request that the notice is published in the Sunday, May 9 newspaper edition. I will also e-mail both of you - the "o.k." we get from the newspaper and the proof /confirmation that they send us. It's so frustrating when this happens, unfortunately it's beyond our control O Anyway, I' promise to keep you both posted. Please, let me know if you need me to do anything else. Have a great day! Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (fax) From: NeetVirginia [ mailto :VirginiaNeet @colliergov.net] Sent: Monday, April 26, 2010 10:13 AM To: Ann P. Jennejohn Subject: FW: 09- CPS -00997 VA- PL2009 -1220 - 265 21st Street SW (Lasher): See below: From: GundlachNancy Sent: Monday, April 26, 2010 10:05 AM To: NeetVirginia Cc: RamirezHeather Subject: RE: 09 -CPS -00997 VA- PL2009 -1220 - 265 21st Street SW (Lasher): Hi Dinny, Can we have this advertised for the next BCC hearing on May 25, 2010, then? Nancy Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Monday, April 26, 2010 11:17 AM To: Ann P. Jennejohn Subject: RE: VA- PL2009 -1220 Legal Notice I will publish this at no cost for the inconvenience. Em ;D From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Sent: Monday, April 26, 2010 11:15 AM To: Pagan, Emely Subject: VA- PL2009 -1220 Legal Notice Hi Em I spoke with our County Attorney's Office regarding Petition VA- PL2009 -1220 (land variance). Florida Statute requires the legal notice is published within a certain number of days before the meeting so that petition /hearing will have to moved to our Board Meeting on May 25. I'm going to just resubmit the legal notice request for that item with a new request date of May 9, 2010. So, I'll change a few things and get that e- mailed over to you. It looks like one of our notices was published twice (5NR- PL2009 -129) under notice No. 1849239 & No. 1849171. The proof that was e- mailed to Martha was for No. 1879239. So who can I contact, to make sure we're not billed for No. 1849171 ( ?) Thanks Emely. I'll get that new request out to you a.s.a.p. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk(@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollorClerk.com domain. 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. Acct. #068779 April 27, 2010 Attn: Legals Naples News Media 1 100 Immokalee Road Naples, Florida 34110 Re: VA- PL2009 -1220, 21s'r Street SW Dear Legals: Please advertise the above referenced notice on Sunday, May 9, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk 1 I7A NOTICE OF PUBLIC HEARING 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, May 25, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, 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- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21" STREET SOUTHWEST HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: VA- PL2009 -1220, (NG) Leo F. Lasher, is requesting one after - the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request is for a variance of 9.4 feet from the required rear yard setback of 75 feet by Collier County Land Development Code Subsection 4.02.01 Table 2.1. to allow the existing accessory structure to remain at 65.6 feet from the rear property line. The subject 2.5 +/- acre property is located at 265 21st Street SW, in Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in Section 7, Township 49 South, Range 27 East, 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 17A 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 3301 Tamiami Trail East, 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: Ann Jennejohn, Deputy Clerk (SEAL) 17A OIq Ann P. Jennejohn To: Naples Daily News Legals Subject: VA- PL2009 -1220 21st Street SW Attachments: VA- PL2009 -1220 (5 -25 -10 Mtg).doc; VA- PL2009- 1220(5 -25 -10 Mtg).doc Good Morning, Please advertise the attached on Sunday, May 9, 2010. Thank you! *This is the notice that didn't get advertised Sunday, April 25, 2010* Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (fax) R.- Ann P. Jennejohn�! From: postmaster @collierclerk.com Sent: Tuesday, April 27, 2010 8:43 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT307170.txt, VA- PL2009 -1220 21 st Street SW This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals @naplesnews.com __ 17A Counf of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMI TRAIL EAST Clerk of Courts P.O. BOX 40044 Accountant NAPLES, FLORIDA'�4101 -3644 Auditor Custodian of County Funds April 26, 2010 Mr. Leo Lasher 129 Sabal Drive Fort Myers Beach, FL 33931 RE: VA- PL2009 -1220, 21sT Street SW 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, May 25, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK � to-( -1 An , Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk @collierelerk.com 'Coui� ty of Collier 17A CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURT130USF. Dwight E. Brock 3301 TAMIAMI' AIL EAST Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA04101 -3444 Auditor i, Custodian of County Funds April 26, 2010 TCIF RE02 LLC 500 Enterprise Road, Ste 150 Horsham, PA 19044 RE: VA- PL2009 -1220, 21sT Street SW 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, May 25, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 9, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Je Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk(acollierclerk.com 17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To. Clerk to the Board: Pease place the following as a: XXX Normal Legal Advertisement Other (Display Adv., location, etc.) Originating Dept/ Div: CDESJZonina Person: Nan mc ch AICP Date: 4/27120100 Petition No. (If none, give brief description): V A- PL2009 -1220, 265 21" Street SW Petitioner: (Name & Address): Mr, Leo Lasher, 129 Sabal Drive, Ft. Myers Beach, FL 33931 Nam & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) TCIF RE02 LLC, 500 Enterprise Road, Suite ISO, Horsham, PA 19044 Hearing before BCC BZA Other Requested Hearing date: May 25.2010 Based on advertisement appearing 15_4= before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News _ Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: VA- PL2009 -122 , Leo F. Lasher, is requesting one after -the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request is for a variance of 9.4 feet from the required rear yard setback of 75 feet as required by Collier County Land Development Code Subsection 4.02.01 Table 2.1. To allow the existing accessory structure to remain at 65.6 feet from the rear property line. The subject 2.5t acre property is located at 265 21e Street SW, in Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in Section 7, Township 49 South, Range 27 East, Collier County, Florida. I) Companion patition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4300096184 for Account Number: 068779 Reviewed by: Divisi Administrator or Designee List Attachments: 4- t,7 -to Date DISTRIBUTION INSTRUCTIONS A. For burlap 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: to Requesting Division Original Clerk's Office A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. aa* aaaaaaaaararrrrrrrrrraararrrrrrraaaaa* aa* aaaaaaa***** a* aaaaa** a* aarrara * * *aaarrrraaa *ar *ra *a *aaa *aa FOR CLERK'S OFFICE USE ONLY: Date Received �Q Date of Public hearing: Date Advertised: 4-1� t e RESOLUTION 10- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21sT STREET SOUTHWEST HEREINAFTER DESCRIBED 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 of 9.4 feet from the required rear yard setback of 75 feet to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the Estates (E) 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: VA- PL2009 -1220 Rev. 1214/09 1 of 2 17A Petition Number VA- PL2009 -1220 filed by Leo F. Lasher with respect to the property hereinafter described as: The South 165 feet of Tract 44, GOLDEN GATE ESTATES, UNIT 8, according to the plat thereof in Plat Book 4, Pages 97 and 98 of the Public Records of Collier County, Florida be and the same hereby is approved for a variance of 9.4 feet from the required rear yard setback of 75 feet to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this -TO . This Resolution adopted after motion, second and majority vote this day of 2010. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA M Deputy Clerk Approved as to form and legal sufficiency: DRAFT Heidi Ashton -Cicko Section Chief, Land Use/Transportation 09-CPS- 0099714 HFAC 12/4/09 VA- PL2009 -1220 Rev. 12 /4/09 2of2 M Chairman Q m W 3 ^ C y N V m c N mg w f d1,0099i 3 „n 1,Et.00 N ✓� _��, o ° 0 - -, Iry).10'591. (M /a ,09 _ _M'S OZ L0 N d ____ '' 3 L0 ol� u 6 Ii q; •o. iv 3 C, a - - ' �� U in •o CO oUm mm'e' • V(gOJw O. �Y >� 0 a CSC LLrL o �w y S PIE ,-IJ <IJ II d � 1] 'm o .GG. g 4 Cp M �geF6pp R 1=1 ------ p'A_. h k� on Pop q? NJ 4 Sam its IS i. Hadn'Rep NEWS 1 UR 5,' RV I7A Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, April 27, 2010 12:56 PM To: Ann P. Jennejohn Subject: RE: VA- PL2009 -1220 21 st Street SW ok From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com] Posted At: Tuesday, April 27, 2010 8:43 AM Posted To: Legals - NDN Conversation: VA- PL2009 -1220 21st Street SW Subject: VA- PL2009 -1220 21st Street SW Good Morning, Please advertise the attached on Sunday, May 9, 2010. Thank you! *This is the notice that didn't get advertised Sunday. April 25, 2010* Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Please visit us on the web at www.collierelerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. NOTR'E OF Pi1Rl. IC HEARING TO CONSIDER RESOLU T ION Notice is hereby given list the Board of County C :nmm ssianers, as the Board of Zoning Appeals, of Collier Counly will hold a public hearing on Tuesday. May 2S. 20b3, in the Board room, 3rd Floor, Administration Build Ing, Collier County Gavewnlem Cen Let, 3301 Eric Sarnlarni ft ai 1, Naples, Florida. The meeliny will begin al 9,00 A.M. The Tit), of tha proposep resolution is as fcdllaws. A RESOLUTION OF THE BOARD r)F ZONING APPEALS OF COLLIER COUN TY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE RE QUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCES SORY STRUCrURF TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCArFD AT 265 21ST STREET 5O(1RIWE57 HEREINAFTER DE- SCRIBED IN COLLIER COUNTY. FLORI- DA Petition VA- PLYOOB -1220, ING) Leo F. Ldsher, is requesting one after the tact variance for an existing shecl that Is an accessory structure to a single family dwelling. The request Is for a variance of 9.4 feet from the required rear yard setback of 75 feet by Collier County Land Development Cade Subsection 11.02.01 Table 2.1 t, allow the exist "I stroctore to remain at 65. feet from the rear property Iihe. The subject Z..SfF acre rI.'Ire,t erty. is located at 265 21st Street SW, In Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in 52<tinn 7, Town- ship 49 South, Range 27 East G Ilier County, Florida. A copy c* the proposed Resolution is or file with the Clerk to the Board and is available for inspection. All interest- ed parties are invited to attend and be heard, NOTE: All Persons wishing to speak or any agenda item must register with the County Adminlsti at,r prior to pre- limited le,, 3 minutes on any Item. The selecticm of an Individual to speak on behalf of an organization or group Is encouraged. If recognized by the Chair, a spokesperson for a �7roup or organization maybe albrtto 10 min- utes to speak on an item. Persons wishing to has, graphic ntaterfals mcl Retard agenda packets said material a minhnul prior to the respe<114e pi In any ease. Written rtlate in presentations Gerona the Board will became a permanent parr of the re- cord. Any person who decides to appeal a decision of the Board will need a le- cord of the prcceedings pertaining thereto and therefore, may need to ensure that a verladill record of the proceedings is made, which record in- cludes the Testimony arid evrdence upon which the appeal is based. If you are a person .yiih disability who needs any accommodation In order to participate in this prnceeding, ou are entitled, at no cost to you, to the pro - utimt of certain awlsaance. please Con. tact the Collier .County facilities Morn agenrl Department, located At 3301 Ter is rni Trail East. Building W, Naples, Florida 34112.(239)252 -8380: Assisted listening dwices for the hear- ing Impaired ate avatlable in tF,e Caunly Commissioners' O`FILa. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK B)" Ann lannefahn, Deputy Clerk SEAL) May 9, 20 10 N0851336 17A Teresa L. Polaski From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, May 09, 2010 12:23 AM To: Teresa L. Polaski Subject: Thank you for placing your classified advertisement. Ad #1851336 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING 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, May 25, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiamj Trail, 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- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21ST STREET SOUTHWEST HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: VA- PL2009 -1220, (NG) Leo F. Lasher, is requesting one after- the -fact variance for an existing shed that is an accessory structure to a single family dwelling. The request is for a variance of 9.4 feet from the required rear yard setback of 75 feet by Collier County Land Development Code Subsection 4.02.01 Table 2.1. to allow the existing accessory structure to remain at 65.6 feet from the rear property line. The subject 2.5+ /acre property is located at 265 21st Street SW, in Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in Section 7, Township 49 South, Range 27 East, 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 3301 Tamiami Trail East, 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: Ann Jennejohn, Deputy Clerk (SEAL) May 9, 2010 Nol851336 You also have the exciting option to enhance your online advertisement with extended text, photos and even 17A 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 for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video /audio of your item. To log in to the New Ad Wizard use your email address and existing password. Go to: http : / /secure.adpay.com/adwizard login.aspx ?1= 15645171 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700 Thank you for using naplesnews.com Online Classifieds. Notice is lereby given riot the Board of Ceunty Commissioners, as the Board of Zoni Appeals, of Collier County will hot a publkheuing on Turdry, May 77, 701q in the BoaM- roorR ifrd,.NOOr: Adminl4tratba 9WIG Irq, fWNn Cdu^A' GONMSMNPt Can- ter, 3701 East Tasdfaral Trait, NapMs, f9odda. 900 A.M. T a -.O kg wihll begin at Weppsed resdlWonhas follows: PetRioh: wA- gt3W37g?q ttKd 4w F. fisher, h Miulstl�p wN, - tha-1M varlarKe for en eaislim dwa...:r ... on fGwhh� proposed gasolotton is Is no"W� � ckrk'W N Bard antl {{yy n p� Ap and b- atlP+!gea aal;inivrted�to Ytter�0 and 62 heard. NOTE: All Penns wbhfnn� ttooeppeak Me Cy a dmtn . p>or e`o weh . sentatfen of Mro tla, Npl� tq be Ilm� ItW M �YGn 3MM4 yy'I be behalf of I an Gab, a spek tF' a argaMZatien be t0 min. uses to speak on an item. 17A v �k - �) �7 C-4 � o 17A Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------------- BCC /ZONING DEPARTMENT CLERK OF CIRCUIT CRT P 0 BOX 413044 NAPLES FL 34101 REFERENCE: 068779 ANN JENNEJOHN 59615796 NOTICE OF PUBLIC HEA State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant, of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 05/09 AD SPACE: 83 LINE FILED ON: 05 /10 /10 --------------------------------------------------------- Signature of Affiant NOTICE OF PUBLIC HEARING 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, Meg 25, 2010, in the Board- room, 3rd Floor, Administration Build- ing, Collier County Government Cam ter, 3301 East Tamiaml Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: 4.0401 Table 2.1. to allow tine eanting accessory structure to remain at 65.6 feet from the rear property . line. The sub'ect 2.9N. acre pproperly is located at �65 21st Street SW, in Plat Book 4, Page 97 and 98 of the Public Records of Collier County, in Section 7, Town- ship 49 South, Range27 East Collier County, Florida. A co of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interest- ed patties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda hem mug r?egiAer with the County Administrator prior to pre- sentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any hem. The selection of an individual to speak on behalf of an orgganization or group is encouraged. H recognized Oy the Chair, a spokesperson for a group or organization may be allotted 10 min- utes to speak on an hem. Persons wishing to have written or graphic materials included in the Board agenda packets mug submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials Intended to mi ted considered othe by the Board shall be submitted im 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 re- cord. Any person who decides to appeal a derision of the Board will need a re- cord of the proceedings pertaining Meteors and therefore, -may need to ensure that a verbatim retard of the proceedn is made, which record in- cludes 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 emitted, at no cost to you, W the pro - vldon of certain assissame. Please con. tact the Collier County Facilities Man- agement Department located at 3301 Assisted listening devices for the hear- " ing 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: Ann Jennejohn, Deputy Clerk (SEAL) May 9, 2010 No1851336 Sworn to and Subscribed before megthis �y. day of r"Gk1 2010 Personally known by me % c 1) 7, VGJVI KA KAROL E KANSAS Notary Public - State of Florida My Conim. Expires Jul 29. 2013 -- Commission M DD 912237 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 '% <tf 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 kl through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ­ tmn nfthe. Chairmnn'c cignanoe draw a line through routine lines N 1 through k4. complete the checklist, and forward to Sue Filson (line 515). Route to Addressee(s) List in routing order Office Initials Date 1. Judy Puig CDES Administration (Initial) Applica ble) 2. May 25, 2010 Agenda Item Number 17. A. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution r �� (DC Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners (_ 5 6. Minutes and Records Clerk of Court's Office 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 1 Name of Primary Staff Nancy Gundlach , Phone Number 239- 252 -2484 Contact V 1 r (Initial) Applica ble) Agenda Date Item was May 25, 2010 Agenda Item Number 17. A. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution r �� (DC Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 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 I 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 document or the final negotiated contract date whichever is applicable. e 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman'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. Some documents are time sensitive and require forwarding to Tallahassee within a certain Y1 time frame or the BCC's actions are nullified. Be aware of our deadlines! r y 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17A MEMORANDUM Date: June 1, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2010 - 104 /VA- PL2009 -1220 Enclosed please find one copy of the document referenced above, Agenda Item #17A, adopted by the Board of County Commissioners on Tuesday, May 25, 2010. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosure 17A RESOLUTION 10- 104 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1220, FOR A VARIANCE OF 9.4 FEET FROM THE REQUIRED REAR YARD SETBACK OF 75 FEET TO ALLOW THE EXISTING ACCESSORY STRUCTURE TO REMAIN AT 65.6 FEET FROM THE REAR PROPERTY LINE ON PROPERTY LOCATED AT 265 21sr STREET SOUTHWEST HEREINAFTER DESCRIBED 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 of 9.4 feet from the required rear yard setback of 75 feet to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the Estates (E) 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: VA- PL2009 -1220 Rev. 12 /4/09 1 of 2 Petition Number VA- PL2009 -1220 filed by Leo F. Lasher with respect to the property hereinafter described as: The South 165 feet of Tract 44, GOLDEN GATE ESTATES, UNIT 8, according to the plat thereof in Plat Book 4, Pages 97 and 98 of the Public Records of Collier County, Florida be and the same hereby is approved for a variance of 9.4 feet from the required rear yard setback of 75 feet to allow the existing accessory structure to remain at 65.6 feet from the rear property line, as shown on the attached Exhibit "A ", in the zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote this 25-01day of 2010. ATTEST: DWIGHT.)�-:13R,OCK, CLERK Tdo eputy F �7M Clerk ilanatw�e; �.��'• Approved as to form and legal sufficiency: it , 'J /� C� , , Heidi Ashton -Cicko Section Chief, Land Use /Transportation Attachment: Exhibit "A" — Boundary Survey 09 -CPS- 00997/4 HFAC 12/4/09 VA- PL2009 -1220 Rev. 12 /4/09 2of2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: W. FRED W. 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