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Resolution 2006-079 RESOLUTION 06- 79 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2005-AR-8693, FOR A V ARIANCE FROM THE REQUIRED 10-FOOT REAR SETBACK FOR A SCREEN ENCLOSURE OF 3.0 FEET ON 0.22 ACRES LOCATED IN THE CONNER'S VANDERBILT BEACH ESTATES SUBDIVISION, UNIT 1, BLOCK D, LOT 13, 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 three (3) foot variance from the required la-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit "A", in a Residential Single-Family (RSF-3) zoning district for the property located in the Conner's Vanderbilt Beach Estates Subdivision, Unit 1, Block D, Lot 13, Collier County, Florida, as recorded in Plat Book 3, Page 8 and 9, 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-2005-AR-8693 filed by Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., representing Eberhard M. Thiermann, with respect to the subject property be and the same hereby is approved for a three (3) foot variance from the required 10-foot rear setback for a screen enclosure as shown on the attached boundary survey, Exhibit "A", of the Residential Single-Family (RSF-3) Zoning District wherein said property is located, subject to the following conditions: Page I of2 1. The variance is limited to allow the existing screen enclosure that encroaches into the required rear yard on the north side of the property, as depicted on the applicant's boundary survey, Exhibit "A", to remain in place; 2. All proper after-the-fact permitting fees must be paid and permits must be obtained, including obtaining certification that the structure meets or exceeds the building code in effect in 2001 within 90 days of approval of the variance; and 3. No further encroachments shall be permitted. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2005-AR-8693 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~8 day of (V\o....re,h ,2006. ATTEST: DWIGHT E. BROCK, CLERK ~.~~.k Attest 41 to CJa&1,...~puty Clerk ~1gnlt.... 0.1, Ap Form ~d BOARD OF ZONING APPEALS COLLIER COUNTY ~IDA ~~~/ BY: Frank Halas, Chairman latzkow unty Attorney v A-2005-AR-8693/HW Isp Page 2 of2 THE LINES ON THIS SKETCH DO NOT CONSTITUTE OWNE::==il COPYRIGHT 2006' F.L.A. SURVEYS -;~~~. II PAGE 1 OF 2 SEE REVERSE SIDE FOR PAGE 2 OF 2 I SURVEY SKETCH OF ASBUILT SURVEY SPOT ON POOL ENCLOSURE NOT FOR FENCE CONSTRUCTION NOT FOR CONSTRUCTION NOT FOR DESIGN STREET ADDRESS 117 CHANNEL DRIVE NAPLES, FLORIDA WATERWAY-l00' ROW FIR 5/8' 10' OFFSET NO ID FIR 5/8' 10' OFFSET NO ID ! W~E W t SCALE I" = 30' ~ o ?IS 30 60 GRAPHIC SCALE \ 3~O' ~ --- ___ I RCJ'vI \___ - DRIVE: 60 - CHANNE:L \ ~O' J--- -- --- CENTERL~ -- - --- LEGAL DESCRIPTION LOT 13, BLOCK D, CONNERS VANDERBIL T BEACH ESTA TES, UNIT 1, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 3, PAGES 8 AND 9 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Exhibit "A" CERTIFIED TO : EBERHARD M. THIERMANN BY: TOM CHRISMAN DATE : 3-07-06 FLOOD ZONE: AE 14.3 COMMUNITY PANEL 120067- 01896 INDEX DATED: 11-17-05 (FLOOD ZONE: "B":C","D", & "X" ARE NOT IN DESIGNATED FLOOD HAZARD ZONE AREA.) (AS TAKEN f"ROM \JEBSITE - \J\J\J.COLLIERGOV .NET /\JEBSITE/f"EMA_NE\J /) QUALITY CONTROLLED: CERTIFICATION : I CERTIF..... THAT THIS SURVEY WAS MADE UNDER MY DIRECTION AND THAT IT MEETS THE MI~IMUM TECHNICAL. STANDARDS SET FORTH BY THE BOARD OF PROFESSIONAL LANO SURVEYORS AND MAPPERS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODf.:, PURS,NT TO SECTION 472.027, FLORIDA STATUTES. BY :__ ~l~SaJ SURVEY DATE: 3-03-06 --' LELAND F. DySARD, PLS *3859 CLINTON W. FINSTAD, PLS *2453 STEPHEN MACDONALD, PLS *4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOTD IF APPLICABLE, FENCES SHOWN NEANDER NOT VALID WITHOUT SURVEYOR'S SIGNATURE AND EMBOSSED SEAL ON OR OFF LINES. (APPROX. LOCATION aNL Y> SURVEY IS VALID FOR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES & ABBREVIATIONS. NOTD PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DETERMINA TION FROM LOCAL PERMITTING, PLANNING AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION. NClTE. IN COMPLIANCE WITH F.A.C. 61G17-6.0031 (5) (E) (IF LOCAT[[)N Of" EASEMENTS OR RIGHT-OF-\JAY Of" RECORD. C1THER THAN THOSE ON RECORD PLAT. IS REQUIRED, THIS INfORMATION MUST BE FURNISHED TO THE SURVEYOR AND MAPPER. F .L.A. SURVEYS CORP. PROFESSIONAL LAND SURVEYORS & MAPPERS-L8 6569 ~ BY, JP PARTY CHIEF: CN 6561 TAYLOR ROAD, SUITE 1 NAPLES, FLORIDA 34109 239-598-5936 FAX 598-5939 4061 BONITA BEACH RD, SUITE 207 BONITA SPRINGS, FLORIDA 34109 239-949-6911 FAX 949-1311 REVISIONS PROJECT :NO: II 06-10425d