Resolution 2003-157
RESOLUTION 03- 157
RELATING TO PETITION NUMBER V A-2003-AR_
3658, FOR A V ARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
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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, 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 constituted and lawfully
assembled 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 3 .3-foot after-the-fact
variance from the required 15 feet front yard setback to I 1.7 feet for the home under
construction as shown on the attached site plan, Exhibit "A", in an "E" Estates Zone for the
property hereinafter described, and has found as a matter of fact that satisfactory provisions
and arrangements have been made cOI"cerning 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:
Petition V A-2003-AR-3658 filed by Keene Engineering, Inc, representing Maria
Martinez, owner, with respect to the property hereinafter described as:
South 105 feet of Tract 143, Golden Gate Estates Unit 76, as recorded in Plat
Book 5, Page 13, of the Public Records of Collier County, Florida in Section
6,Township 49 South, Range 28 East
be and the same hereby is approved for a 3.3-foot after-the-fact variance from the required
l5-foot front yard setback as set forth in LDC Section 2.2.3.4.3, to 11.7 feet for the house
under construction, as shown on the attached site plan, Exhibit "A", of the "E" Estates Zoning
District wherein said property is located, subject to the attached conditions (Exhibit "B"):
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2003-AR-36S8 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
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Done this
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day of ~ ,2003.
A1TEST:, '\.2\/,D
DWIc:;u.lt.E; 'BR6GK. CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Atust as to Chi fr'llU"
sfgnature only.
BY:
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Approved as to Form
and Legal Sufficiency:
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Patrick G. White
Assistant County Attorney
Attachments: Exhibit A--Site Plan, entitled "Variance Petition Exhibit," dated January 12,
2003, and stamped Received January 30, 2003
Exhibit B--Conditions
V A-2003-AR-36S8/KD/lo
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ACTlJAL - 11.7'
REO'O - 15.0'
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75,0' FRONT YARD
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REQ'D - 10.S'
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RECENEn
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V ARIANCE PETITION EXHIBIT
KEENE ENGINEERING
A!.IE; JANUARY 12, 2003
..I..EG&.; SOUTH 105' OF' TRACT 143
GOLDEN GATE ESTATES UNrr 76
1 199 FIRST AVENUE SOUTH
NAPLES, FlORIDA ~ 102
PHONE: 403.0123 FAX: 403.9399
PR!'PARm FOR'
PERMIT NO. 2002-023927
.811 EVERGLADES BL YD. N.
FOLIO # 40630560006
RAMSEY
BUILDING CORP.
2287 E. TAMAI.tI TRAIL
NAPLES, FlORIDA ~112
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CONDITIONS FOR VARIANCE
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The foregoing variance petition approval is subject to the following conditions:
1. The variance granted is limited to the after-the-fact front yard encroachment
for the house under construction, as depicted and more particularly described
in the applicant's site plan entitled, "Variance Petition Exhibit," dated January
12, 2003. and stamped Received January 30. 2003. This site plan is included
as Exhibit A; and
2. If the residential dwelling structure is destroyed for any reason, to an extent
equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of its destruction, all reconstruction of the structure and
accessory structures must conform to the provisions of the Land Development
Code in effect at the time of reconstruction,
Revised: 02/1 0/03
VA-2003-AR-3658
Exhibit B
G:\Current\DeselemWariances\Martinez. Maria VA-2003-AR-3658\Conditions for Variance. doc