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Resolution 2005-315 11 8 RESOLUTION NO. 05-315 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-6449, FOR AN AFTER- THE-FACT VARIANCE OF 4.98 FEET FROM THE 20-FOOT REAR YARD SETBACK TO 15.02 FEET FOR ACCESSORY STRUCTURES IN AN RSF-3 ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRffiED 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 (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 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 4.98-foot after- the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition V A-2004-AR-6449 filed by Richard D. Y ovanovich of Goodlette, Coleman & Johnson P.A., representing Ashely Doctors, with respect to the property hereinafter described as: Lot 25, Block U, Unit 3, Connors Vanderbilt Beach Estates, as recorded in Plat Book 3, Page 89, of the Official Records of Collier County, Florida be and the same hereby is approved for a 4.98-foot after-the-fact variance from the required 20 foot rear yard setback to 15.02 feet for accessory structures, as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following condition: - 1 - "7 8 1. The variance granted is limited to the after-the-fact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated 2004. This site plan is included as Exhibit A; 2. If the residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. 3. The property owner shall maintain the height of the hedge immediately to the north of the pool deck at a level equal to, or greater, than the height of the pool deck and shall plant additional palm tr~es between the pool deck and the seawall. BE IT RESOLVED that this Resolution relating to Petition Number V A-2004-AR-6449 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 13th day of September, 2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ..,..P'.,.. '1uL ~ ""\~\i\~[I'IJ/~" '. ' W ."~ ..... "4.. "') "'" A"Ji'fm~T~ .....'0 \ .,;. 'I." BY: . /"'.' :~'}~'::.' '" '. % ':. ' ,I FRED W COYLE CHA AN ., l'r. ii' t . , .. .': C- Item # .2.fL Agenda C\ -13t)S Date Date ~l..' to -D5 Rec'd 0.(_ - 2 - _ -.' . ...'" ""., '. ._ - -'. . ,"l<o,.. :" ; i ,...:'y~1LLIAM Mc:ALEAR. ' .,:, ,,:: .~~~::j'II' :;'U),....' ~. ...., 'ft:~i;;,;1.,::;' " , . 'REGISTERED LANP SURVEYOR - P.O. Box 9732 Naples, PL 34101-9732 TclepboDe: (941) 597-1428 Fax: (941) S97-Z803 " .. LEGAL DESCRIPTION " Lol 25'" : .oIBIOQIc , U . olthal CCI1ain IUbdiviliOll blown U COWWE 1\\ V"'IfDi~~I" r Df"'-~ ,:,fll"1"~ VN 11:-';3: .u~rdcdillPJatbook, -3 pap 8"1 .oflhc '0" .:Pubijc~o("c:.o....L: IE rc:.. ColIDly,F1orida_kV (17 4~ 1wV" r - . ......'. .... ~v"TDP ,F 1 00. D,~ ,.~....T". 0 ~'.t~::};,:!;:! 'w,".y.' ,. 41 '- 0 f:. .. " .i....".V.p. o' -.., ,,,. (,.3 ~'11&' TO 1'40\'&'. & O/V(,./t" 7.(/ ,S.r"W;f ~ ~ " <l iii , .~. .; 7/,.1.0 ....,.. ~bi-2~ .scltfl'c!" ~(. 8l.." - U Po U-/i. , $'C:Rl"et(~t:> .!. 7.$ ,5" "C>()l.o I Z6.,s$ .i r ~'tl() oJ \li ... ) ! oJ . 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