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Resolution 2006-035 RESOLUTION NO. 06- 35 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY FLORIDA, RELATING TO PETITION NUMBER V A-2004-AR- 5438, FOR A 5.19 ACRE VARIANCE FROM TIlE 20 ACRE REQUIREMENT OF SUBSECTION 4.02.02.C OF THE OF TIlE LAND DEVELOPMENT CODE FOR EARTHMINING ACTIVITIES IN AN ESTATES ZONING DISTRICT TO ALLOW FOR TIlE INTERCONNECTION OF TWO LAKES CREATED AS A RESULT OF EARTHMINING ACTIVITIES INTO ONE 25.19 ACRE LAKE TO EXCEED THE MAXIMUM SITE AREA OF 20 ACRES ON PROP[RTY II[REINAFTER DFSCRIBED 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. 2004-4 I, 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 Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5.19 acre variance from the 20 acre requirement of Subsection 4.02.02.C. of the LDC for earthmining activities in an Estates (E) Zoning District to allow for the interconnection of two lakes created as a result of the earthmining activities into one 25.19 acre lake for the property hereinafter described, and has found as a matter of tact 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 current LDC 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: The Petition V A-2004-AR-5438 filed by Beau Keene, P.E., of Keene Engineering, representing Darryl .J Damico, with respect to the property hereinafter described as: Exhibit "B" V A~ 2004-AR~5438/MDIUsp lof2 be and the same hereby is approved for a 5.19 acre variance from the 20 acre requirement of Subsection 4.02.02.C of the LDC for eatrhmining activities in an Estates Zoning District to allow for the interconnection of two existing lakes created as a result of earthmining activities into one 25.19 acre lake as shown on the attached plot plan, Exhibit "A", wherein said property is located, subject to the tollowing conditions: 1. The variance is limited to the extent of development as depieted in the app1ieant's site plan stamped "Received July 12, 2004" except as further restricted below. This site plan is included as Exhibit A. 2. The varianee is limited to a maximum exeavation site area of 44 acres. 3. The variance is limitcd to a maximum lakc surfaec area of 57.25 pcreent of the 44-acre site. 4. The approval of this varianee shall be eontingent upon the approval of CU- 2004-AR-5439. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-5438 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this " /( ., day of , ..; , . I . I. ' 2006 It. 'I --' l.~ i-I , . I ATTEST: DWIGHT E..BIWCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest 11$ to ii,Htura cnlj. Approved <1S t9Jorm and legal sufficiency: /)! .tt~~'Jt BY: ~>~./ ---"Frank Halas , AIRMAN /) ~ Y'} ,I -') , ! ! -,' /.-u:-.-(..' '1-<-<- :/17. ~(.I..C . - ~ Marjorj M. Student-Stirling Assistant County Attorney V A- 2004-AR-5438/MDRfsp 2of2 56th Avenue N.E. Excavation REAL PROPERTY OWNERSHIP GOLDEN GATE ESTATES PARCEL# FOLIO # TRACT UNIT ACQUIRED 39027480001 E 180' 84 45 02-0ct 2 39030440009 W 180' 108 45 02-0ct 3 39030400007 W75' 107 45 03-Nov 4 39030320006 E 75' ofW 150' 107 45 Jun-99 5 39030280007 W 75' of E 180' 107 45 02-Sep 6 39030360008 E 105' of E 180' 107 45 Jan-OO 7 39030840007 W 105' 114 45 Jun-99 8 39030760006 E 75' of W 180' 114 45 Oct-98 9 39030880009 W 75' of E 150' 114 45 Mar-98 10 39030800005 E 75' 114 45 Jan-99 11 39030920008 115 45 Nov-98 ~2 39030720004 113 45 Mar-99 13 39030640003 E 150' 112 45 Dec-98 14 39030680005 W 180' 112 45 Dec-98 15 39030600001 110 45 Apr-97 ~6 39030560002 109 45 Apr-97 Exhibit "B" II ,..", ~$j C'lC'l :l:'" ",r Oz ;0<= ~~ r~ ~~ "';0 "'", :!J.., -<'" ;0 0'" :ez zC'l ",'" ;00 lIlO ;!;z ", :e :I! ~ FOUO # 39030320006 jij'" \:::/_EAST 7S' of WEST 150' of TRAC~07 i:i fr";:;\ FOUO # 39030280007 FOLIO # 39030600001 a 01 e WEST 7L of EAST 180' of TRACT....!...O~ TRACT 110 p\ .. c;:;.., FOUO # 39030360008 I \0J = e EAST 105' of EAST 180' of TRACT 1~ ~ ---------T--------- to FOLIO # 39030840007 :I> \:y WEST 10S' of TRACT 114 ~ FOLIO #. 39030680005 p\ < @-FOLlOT 39030760006 - - WEST 180 of TRACT 112 \:tJ m ex> _EAST 7~of WEST 180' of TRACT......!.,14 _ _ _ _ _ __ Z 1(0\ FOLIO # 39030880009 '\:::::J WE 75' of EAST 150' ~ TRACT--!.1 ~ FOLIO # 39030640003 C ....... FOUO # 3903080000S -. EAST lS0' of TRACT 112 m EAST 75'~ TRACT 1 ~ + _ _ _ _ _ _ _ &Z m . <8> i e 2~ ~ ~ FOLIO # 39027480001 EAST 180' of TRACT 84 z fTI --------- ~ FOLIO # 39030440009 WEST 180' of TRACT 108 - ~ - - NOT A PART - - >< OF THIS PROJECT_ - - FOLIO # 39030560002 TRACT 109 - - @) FOLIO # 39030400007 WEST 7S' of TRACT 107 --------- . FOLIO # 39030920008 TRACT 11S FOLIO # 3903072004 TRACT 113 @ I~ EXHISIT "8" I V A-2004-AR-5438 ..L...- PROJECT #2003110016' DATE: 3/2/04 MICHAEL DERUNTZ (COMPANION TO CU-2004-AR-5439) DAR D 56th A VENUE N.E. EXCA V A TION OWNERS'" EXtlBIT KEENE ENGINEERING -.-.-.- '--__'__ao.. -... I'l --..u M_-.-