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Resolution 2005-432 7A RESOLUTION 05- 432 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER VA-2005-AR-8010, FOR AN AFTER-THE-FACT VARIANCE FOR A 5.3-FOOT ENCROACHMENT INTO THE REQUIRED 10-FOOT REAR YARD (ACCESSORY) SETBACK, AS APPLICABLE TO A SCREEN ENCLOSURE ON A WATERFRONT LOT, LEAVING A 4.7-FOOT REAR YARD 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, heing 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 an after-the-fact variance for a 5.3-foot encroachment into the required IO-foot rear yard (accessory) setback, as applicable to a screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard as shown on the attached plot plan, Exhibit "N', in an RSF.3 Zone 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: The Petition V A-2004-AR-8010 filed by Clay C Brooker, Esquire, representing James R And Margaret H Fornear with respect to the property hereinafter described as: Unit 1 Replat, Lot 7, Block C, Cormers Vanderbilt Beach Estates, as recorded in Plat Book 3, Pages 8 and 9, Collier County, Florida. Be and the same hereby is approved for an after-the.fact variance for a 5.3-foot encroachment into the required 10-foot rear yard (accessory) setback, as applicable to a screen enclosure on 7A a waterfront lot, leaving a 4.7-foot rear yard as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following conditions: 1. The variance granted is limited to the after-theAfact rear yard encroachment for the existing house, as depicted and more particularly described in the applicant's site plan entitled, "Variance Petition Exhibit," dated November 18,2003. This site plan is included as Exhibit A; 2. The property owner shall obtain a building permit for the screen enclosure in the location authorized by this Variance petition. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2005-AR-8010 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 13th day of December, 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA '1vJ- W ~ ~ BY: FRED W. COYLE, CHAIRMAN ..'. ,'~ . ".\-.,- ~-1." on. j'tH,,, ttd:. -AiMJ~ MlI1jo M. Student-Sttrhng ,- - -- -. il A~sistant County Attorney VA_ZOOS_AR_8010IMBlsp - , , , , , "" 'I"" '>, , \ !,; , I" ..\ ", ,. . f, I" ,\ ::-.:'.:..-- --~~~" , ---- -,.-- .-~~. -';." ' "';___-~--F-.1:-. ",. ..' .:.- -- - :.' < \' .,.! _~:,~-;:~::--_..,.r;-cr ..' ." I " I / C _._, ," " ',,',1"\"" '1 \ ' ., _' '1' \ " ',"" '\ r..."'\ I,-'~' 1,"\ \': r .. ..' p." ,../.:d" \. " , " ,,~ i \ \" .',,' ",' ,,' ,. I, I, I, ~~~:. I 1 \\1..l1'O'~'~:I'1 ..' \ .".' " .\' '\' I, ,. ~ \:- ....'-h " ,,; 0 " . ,., '. '.' 'I', ';. \,. / ',,, 'r T-. ,~"" - 'I "1"" \ I ' ,/ :1.1, \ _' .. 1:1 - '~I \\ \:.', I, " , \ .. '" I., ~ ..". \ ',' \ 'I, :', ~"-- ,,", ,;\ ,(, ,'" '"'''' :,,' .,~ ,I,~ ___-::I,j r<-'--=\' \.,~ "........,....- l':; '\ __ ~ , -, I " ..' "~',:. "I,:\: '.'I.-._._.,:).~~i; 4" ~.::F .1,' ~~_---- '.., i!. .\ ____-.-----"~H""'...J.---~------,;- ,i:"~;~' ",--...-'" " .' . ,. \ _ _ . ,;,.:,;;i'" \ \ I, ;"t.. ,\ I:. J;- \ I " :\ " , \ I \ ,. \ m \ >< \ :I: , , t:C \ \ ::J , \ \ ~ , , i I, , , \ \. , I, , " I , , , \ , \ , .. ~~ - '. r- ,\ "1- I, 1 ----. .it- '~ 'r.. \~ " , , ',~ ,. \~ .,' h " 1" 'I~ " I. \ \ I r Ii f;' . .' 'i Ir ) , , . ----i=-;;-=";-" __ ,I ~ \ , '., . " ~; Ill' 1/,1 lIf II" ~tl .i-' ~Ij jl. liJ ~l\ 11 t~ ""f f~ i A o 1 1 . .' ~". . , ~ -- t: . ~ ~a: " If;; ll~i ~~ :,; ~~ ~ 7 ~ "- "