Resolution 2003-154
RESOLUTION NO. 03-154
17C
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RELATING TO PETITION NUMBER VA-2002-AR-3191,
FOR AFTER-THE-FACT VARIANCES TO REDUCE THE
FRONT YARD FROM THE REQUIRED 25 FEET TO 15.85
FEET; TO REDUCE THE NORTH SIDE YARD FROM
THE REQUIRED 7.5 FEET TO 3.25 FEET; AND TO
REDUCE THE SOUTH SIDE YARD FROM THE
REQUIRED 7.5 FEET TO 4.7 FEET 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
(Ordinance No. 91-102) which establishes regulations for the zoning of particular
geographic divisions of the County, among which isthe 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 an after-the-fact
variance from the required front yard setback of 25 feet to 15.85 feet, and from the required
north side yard setback of 7.5 feet to 3.25 feet, and from the required south side yard
setback of 7.5 feet to 4.7 feet, as shown on the attached plot plan, Exhibit "A", in an MH
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 2.7.5 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-2002-AR-3191 filed by Law Offices Of Frederick Kramer,
representing Dawn R. Winters, with respect to the property hereinafter described as:
Lot 112, Port au Prince Subdivision, in Section 15,
Township 51 South, Range 26 East, Collier County Florida.
be and the same hereby is approved for an after-the-fact variance from the required front yard
setback of 25 feet to 15.85 feet and from the required north side yard setbacks of 7.5 feet to
3.25 feet, and from the required south side yard setback of 7.5 feet to 4.7 feet, as shown on the
attached plot plan. Exhibit "A", of the MH Zoning District wherein said property is located,
subject to the following condition:
17C ~I
Should the subject structure be destroyed by any means to an extent of more than
its actual replacement cost at time of destruction, as determined by a
cost estimate submitted to the Planning Services Director, it shall not be
reconstructed except in conformity with the provisions of the Collier County Land
Development in effect at the time of destruction.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2oo2-AR-319I be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~~ dayof ~ ,2003.
ATTEST:
DWIGHT E. BROCK, CLERK
<~.,..:I:~,{(' :,,', - . .') ^
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.Attest as to ch.i,.,,',
~,~ igrlil t ure Oft lY .
Appr~d as to Form
~~u~
Patrick G. White
Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TOM~G~~
V A-2002.AR.3191IRG/sp
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REFERENCE
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08/14/02
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