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Resolution 2006-064 RESOLUTION 06-64 A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 250-56, ET SEQ., OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, DENYING AND OVERTURNING ADMINISTRATIVE VARIANCE AVA- 2005-AR-7821 GRANTED FOR PROPERTY LOCATED AT 316 FLAMINGO A VENUE AND DENYING THE MOTION TO DISMISS APPEAL SUBMITTED ON BEHALF OF THE PROPERTY OWNERS. WHEREAS, previously the Collier County Department of Zoning and Land Development Review granted administrative variance A V A-2005-AR-7821 for property located at 316 Flamingo Avenue; and WHEREAS, the Vanderbilt Beach Property Owners Association, the Vanderbilt Beach and Bay Association, and the Vanderbilt Beach Zoning Committee appealed this administrative variance pursuant to Section 250-58 of Code of Laws and Ordinances of Collier County ("Code"); and WHEREAS, by letter dated, February 3, 2006, Benjamin Brown, Esq., of Bond, Schoeneck & King, P.A., submitted a Motion to Dismiss Appeal, as untimely, on behalf of Mark and Shirley Dowdy, owners of the property located at 316 Flamingo A venue; and WHEREAS, in accordance with Section 250-56 of the Code, the Board of Zoning Appeals of Collier County, Florida ("Board"), being the duly elected and lawfully 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 the appeal from the administrative variance; and WHEREAS; during this public hearing, the Board also considered the advisability of the Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley Dowdy; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that 1. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the requirements of Section 250-56, et seq., of the Code. 3. Administrative variance A V A-2005-AR-7821 is denied and overturned for reasons set forth in the record of the public hearing. 4. The Motion to Dismiss Appeal submitted on behalf of property owners Mark and Shirley Dowdy is denied. 5. The Collier County Code Enforcement Department shall not issue any citations resulting from the reversal of administrative variance A V A-2005-AR-7821 for a period of one year from the date of this Resolution. 6. This Resolution shall become effective immediately upon its approval. Page 1 of 2 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the administrative variance is denied and overturned. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 14th day of March, 2006. ATTEST: DWIGHT E. BROf;~~. Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA ~ .~. .~~ BY: ..~. D.C. Attllti. . to~lbia_ty Clerk .~ ton.t....<..r : · Ap oved as to form anJ. leg suf BY: '::::'" > ~ . FRANK HALAS, Chauma - \~ Page 2of2