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Resolution 2005-416 RESOLUTION NO. 05- 416 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELA TING TO PETITION NUMBER V A-2005-AR-8122, FOR FOUR AFTER- THE-F ACT V ARIANCES AS FOLLOWS: AN .8-FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 6.7 FEET; A .3-FOOT VARIANCE FROM THE REQUIRED 7.5 FOOT SIDE YARD TO 7.2 FEET: A 2.5-FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 17.5 FEET AND A 1.8-FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR YARD SETBACK TO 18.2 FEET FOR THE COMPLETION OF A PARTIALLY CONSTRUCTED ADDITION TO AN EXISTING SINGLE-F AMIL Y STRUCTURE AND AN EXISTING ENCROACHMENT OF THE EXISTING NONCONFORMING SINGLE F AMIL Y STRUCTURE TO THE SIDE (WEST) AND REAR YARD SETBACK REQUIREMENTS ON PROPERTY 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 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 for four after-the-fact variances as follows: an .8-foot variance from the required 7.5 foot side yard to 6.7 feet; a .3-foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5-foot variance from the required 20 foot rear yard setback to 17.5 feet; and a 1.8-foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single-family structure and an existing encroachment of the existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A", in an RMF-6 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 LOC 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; v A-2005-AR-8] 22/MJD/sp 10f2 ._" -,--_....~--- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Petition V A-2004-AR-8122 filed by Carl & Karen Koller, with respect to the property hereinafter described as: Lot 28, Block 29, Naples Park, Unit 3, as recorded in Plat Book 3, Page 5, as recorded in the Official Public Records of Collier County, Florida. be and the same hereby is approved for four after-the-fact variances as follows: an .8-foot variance from the required 7.5 foot side yard to 6.7 feet; a .3-foot variance from the required 7.5 foot side yard to 7.2 feet: a 2.5-foot variance from the required 20 foot rear yard setback to 17.5 feet and a 1.8-foot variance from the required 20 foot rear yard setback to 18.2 feet for the completion of a partially constructed addition to an existing single-family structure and an existing encroachment of the I existing nonconforming single family structure to the side (west) and rear yard setback requirements as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning District wherein said property is located, subject to the following conditions: 1. The variance is limited to the dimensions of the existing single-family residential structure and proposed addition as depicted in the applicant's site plan stamped "Received August 5, 2005," except as further restricted below. This site plan is included as Exhibit A. I. 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 shall conform to the applicable provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2005- AR-8122 be recorded in the minutes of this Board. This Resolution adopted ~ft,r motion, second and majority vote. Done this .l r - day of IV!) V ~rl?-d~(2005. . I . ..~' , A TrEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , ','.., '::' "'. '. ,DC BY: '1uJ-W ~ TY CLERK. '. FRED W. COYLE, CHAIRM Attest ,.' toCha1M1411 , ,'t gnaturi .001 J Approved as to form and legal sufficiency: "ll) ~ ~ .tL. - . ~ M. Student!Stirling Assistant County Attorney VA-2005-AR-8122/MJD/sp 2 of 2 _ ,_~,_______._.w_ ._'__'''__'''m.,,,,,".~,~,"..._~__~ ...... ..,._""~'~ EXACTA;J~~ LAND SERVICES. INC. -.,;.' BOUNDARY SURVEY SURVEY # 1592 PROPERTY ADDRESS: V A-2005-AR-IrU 610 N. 99TH AVENUE PROJECT NZOO5lUoo7J NAPLES FL 34108 DA 1'1: II5JO$ MICHAEL DlRlINTZ LEGAL DESCRIPTION: Lot 28, Block 29. NAPLES PARK. UNIT NO.3 according to the plat thereof. Q$ recorded In Plat Book 3, Page 5 01 the public rec:ord.s of Collier County, Florida. Community Number: 120067 Panel: 0189 Suffix: E CERTIFIED TO: Index Date: 911411979 F.I.R.M. Date: 6/311986 Flood Zone: X CARL KOLLER; KARNE KOLLER; NAPLES TInE, INC.; FIeld Work: 8/6/2003 Completed: 8/7/2003 OLD REPUBUC NAnONAL niLE INSURANCE REVISED COMPANY; FIFTH THRID MORTGAGE COMPANY. ITS 2/4/2005 SUCCESSORS ANDIOR ASSIGNS. SEE REVERSE 6 FIlIWL -f NORTH 99TH A VENUE - -'-, ~ ~D) - '. - - -,-~~".. .cs: ---:':'~-.1.1'M. IS ...... '~p. lit E-t ltl _.41'52"11 UN.. 1-1 e: ~ . _ _____~.~~_fI!._c!o,P. --- ~ l:I) .,.. 1'Ilrtl' 1-1 ~I~~ CONe, UON. IJI. IJI..- tI:: NW CORNER >< <0 fill OFLOT2B '. Q.(JS". _ . rz:l" --- ---" ~. ~ l:i ~ <:: ~~ .. !!~ I; Mi 27 ;It " . 29 ., '. -,- BLOCK 29 .- ,.' '.. BLOCK29 ~-y .... IIfIa!1Gf ~.. : r ... , 'If O.1S' 11.' " " :. ii l!SfS it~ .-.-. m---- 24 Ul 22 I 23 I BLOCK 29 I BLOCK 29 1 BLOCK29 ''''''.-iIjo'''IlIr~oI'''..oIlb1_'''''_.,,,,,,,_ I I "'-01'....,__.,.__",,___..__ _...../lylll..........a_,.-.-,,-1t_47Z.lIl1. __1IIII~"Q."4___ ~ ... ~@ _ ~~;2!.! '" 'Ml~_ h _.......! I I N I#t:II/II B. ~ __laAlDIS -- _CIIIIIlllIIlAT1WlWlF GRAPffiC SCALE (In Feet) ~ ~ PrrJIM8IDtI6I S4.Mp MId"" No. 4S5T Sl*tJ/ FftJtfM "'*- = 30' -,...... ~ ,._..",,-,,~,~--.~'-