Resolution 2006-074
RESOLUTION 2006----2A
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, SUPERSEDING AND REPLACING
RESOLUTION NO, 2005-432, WHICH GRANTED PETITION V A-
2005-AR-8010; AN AFTER-THE-FACT VARIANCE FOR A 5.3-
FOOT ENCROACHMENT INTO THE REQUIRED 10-FOOT
REAR YARD (ACCESSORY) SETBACK, ON A WATERFRONT
LOT AT 175 BA YVIEW A VENUE, IN ORDER TO CORRECT THE
LEGAL DESCRIPTION.
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 (Board), being the duly elected constituted
Board of the area hereby affected, held a public hearing after notice as in said regulations made
and provided, and considered the advisability of an after-the-fact variance for a 5.3-foot
encroachment into the required lO-foot rear yard (accessory) setback, as applicable to a screen
enclosure on a waterfront lot, leaving a 4.7-foot rear yard within the RSF-3 Zoning District, and
found as a matter of fact that satisfactory provision and arrangement had 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 had been given opportunity to be heard by this Board in
public meeting assembled, and the Board considered all matters presented.
WHEREAS, on December 13, 2005, through adoption of Resolution No. 2005-432, the
Board approved Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq., representing James
R. and Margaret H. Fornear, for the aforementioned after-the-fact variance subject to certain
conditions; and
WHEREAS, after its adoption, it was determined that Resolution No. 2005-432 contained
an incorrect legal description for the subject property; and
WHEREAS, the Board desires to adopt a replacement Resolution which reflects the
correct legal description.
NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier
County, Florida, that:
1. This Resolution supersedes and replaces Resolution No. 2005-432.
2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution.
3. Petition V A-2005-AR-801O, filed by Clay C. Brooker, Esq. representing James R. and
Margaret H. Fornear is hereby approved for an after-the-fact variance for a 5.3-foot
encroachment into the required lO-foot rear yard (accessory) setback, as applicable to a
screen enclosure on a waterfront lot, leaving a 4.7-foot rear yard for property located
within the RSF-3 Zoning District, more particularly described as:
Lot 7, Block C, CONNOR'S VANDERBILT BEACH ESTATES, UNIT NO.1,
according to the Plat thereof recorded in Plat Book 3, Pages 8 and 9, Public
Records of Collier County, Florida.
4. Petition V A-2005-AR-801O is approved subject to the following conditions:
a. 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 site plan dated November 18, 2003,
and attached hereto as Exhibit "A."
b. The property owner shall obtain a building permit for the screen
enclosure in the location authorized by this after-the-fact variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2005-AR-801O be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this ~ 8 day of
(VI o..r en
,2006
ATTEST:
DWIGHT E. BROCK, CLERK
B~~rAk
,...~ .., ...:; to hi t..... Deputy Clerk
11i111Wrt GAl,,, . ,
A rov d a to Form
C'
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:~>~./
FRANK HALAS, Chairman
s: Exhibit "A"
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