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Resolution 2003-176 RESOLUTION NO. 03--1.16 rt'7A A RESOLUTION RELATING TO PETITION NUMBER V A-2002-AR-3379, FOR AN AFTER-THE-FACT VARIANCE 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, pursuant thereto the County, has adopted a Land Development Code (Ordinance No. 91-102 as amended) establishing 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 Board of the area hereby affected, has held a duly noticed public hearing, and has considered the advisability of a 1.8-foot variance from the required lO-foot rear yard setback to allow a setback of 8.2 feet for the accessory use as shown on the attached plot plan, Exhibit "A," and has found as a matter of fact that satisfactory provisions and arrangements have been made concerning all applicable matters required by said regulations and by Section 2.7.5 of the Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given an 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-3379 filed by Aquatic Architechs, representing Kristopher and lody Anderson, with respect to the property hereinafter described as: Lot 39, Block B, Berkshire Lakes Unit I, Section 32, Township 49 South, Range 26 EAst, Collier County, Florida, be and the same hereby is approved for a 1.8 foot variance from the required rear yard setback, and public utility and drainage easement of ten feet (10') set forth in Section 2.6.2.1 of the Land Development Code, Ordinance No. 91-102 as amended, to allow a set back of 8.2 feet to the accessory structure as shown on the attached plot plan, Exhibit "A," subject to the conditions set forth on attached Exhibit "B." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2002-AR-3379 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /3"'1... day of 7Y7ct-. ,2003. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER UNTY, FLORIDA '. ;~;';"~,~(l . , . .. - IS to · ~: ,,1 gAl :, 0tll,J- ;.~ Approved'lIs to'Form ':a,nd Le. g. al. SWf~ ~\ Patrick G. White Assistant County Attorney V A-2002-AR-3379IMD 7A r :"A~-BUILT" POOL nECK LAKE: TRACT 'J' (DJ/AJNllGE: E:IISE:HC:NT> STREE T ADOReSS' 349 WIHBLEDON LANE NAPLES, rLORIDA - - - - rJR 5/8' LB 43 --- M ,,; ~ --- --...... --- 3f.6' LOT 38 -27.Er- ~ SCRf:E:IK:D P/D.. (}E:CI< " 0... '-' L ~., . ':.... E " I (:, g o c:i '<t .... SJNCiL E: STORY CONe BL OCK & STUCCO RCSlDENCC LOr .0 ;,. '" iii ~ :j ";Ii <u ~ (') ;!; ~) ~ ;:> -< In <:> Z .. '" .. Cory. nuf'lbftr 1 .. III Rodlu$= 230.00 Delto= 20..2tJ'O(}" Arc~ 8J.6e T4"9,nt... "1.2$ Cl1ord~ 81.20 Chord Brp. s'8."5'32'C. (P> N.S4 '55'32'1.'. S.,24' (M) i!i!./' Cur y,. nfh'lbrr 2 SCALE I' ~ 30' 16._ NodJu~. 370,00 D~' tCl ~ 20"20'DOr Arc; 131.31 rang(mtilr 66.3' Chord:tl 13Q62 Chord Brp. S.84'55'3Ii!'E:. (f'> S,84'53'38'E". 130.62' (/of) _2f~ ............. E:DliE: or PAVE:HCN -- CCNrCRLlNt:"). WIHBLCOON LIINC ~o- ~ / FOUND _ PCP "0.3 /6.6':;, ~ r;y~ ~ LEGAL DESCRIPTION : LOT 39, BLOCK B, BERKSHIRE LAKES, UNIT 1, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 118 THROUGH leO, INCLUSIVl:, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CERTIFIED TO : KRISTOPHER N. ANDERSON AND ..){)DY H. ANDERSON, ~- a 7 15 3D GRAPHIC SCALE I ,. FLOOD ZONE: 'X' COMMUNITY PANEL 1<?0067-04151) DATED : 06-03-86 .!!I CERTIFICATION : I CERTIFY TIlAT THIS :)URYEY WAS MADE UNDER MY DIRECTION AND Tl-lAT IT lAEETS' Nom THE MINIMUM TECHNICAL ::T AtIDAROS SET FORTH BY THE BOARD OF PROFESSIONAL IN COMPLIANCE I.IITH I'.A.C, LAND SUR',1EYORS "'~m MAPP!'RS IN CHAPTER 61GI7-6. flORIDA ADMINISTRATIVE 61G17-6,0031 (" ([) (II' lOCATION 01' CODE, '_ S.'UANT TO SECTION 472.027, FLORIDA STATUTES. ,: ~~. EASEMENTS DR RIGHT-OF-I.IAY OF RECORD. d --:1/ OTHER THAN THOSE ON RECORD PLAT, IS ~ . . CTI ~/tI) REClUIRED, THIS INFORHATlON MUST BE ~ FURNISHE:D TO THE: SURVEYOR AND HAPPE:R. AND. . D. Pl.9' g- cu-.,-;,~-~S~;::~A~~T;~_~;;;; --;EFFRY H. IIIlL1GOSS, PI..S #4488 N MACDONAI.J>, #4001 NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS OR FREEDOM OF ENCUMBRANCES. NOI VALID WITHOUT SURVEYOR'S SIGNATURE AND ElABOSSEO SEAL SURVEY IS VALID I'OR 90 DAYS. PLEASE REFER TO REVERSE SIDE FOR GENERAL NOTES '" ABBREVlA TIONS. 6561 TAYLOR ROAD. SUITE 1 NAPLES. FLORIDA 34109 941-598-5936 FAX 596-5939 127.30 NEW BRllTANY BLVD. FT. MYERS, FLORIDA .3.3907 941-275-8660 FAX 275-.3367 F.L.A. SURVEYS PROFESSIONAL LAND SURVEYORS REVISlbNS CORP, &: MAPPERS-LB - 6569 PROJECT NO: 01--1892 Exhibit "A" 7A 7A CONDITIONS OF APPROVAL V A-2002-AR-3379 a) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. b) Pursuant to Section 2,2,25,8.1 of the Land Development Code, if. during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted, c) In the case of the destruction of the encroaching structure, 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, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction, EXHmIT "B" -_._--_._--~---_._,-._...._-...-. -.-.. '--,. '. ---~