Resolution 2003-138
~7B
RESOLUTION NO. 03- 138
RELATING TO PETITION NUMBER
V A-2002-AR-3381, FOR AN AFTER-THE-FACT
VARIANCE OF 16.5 FEET FROM THE REQUIRED
REAR-YARD SETBACK OF 20 FEET TO 3.5 FEET
FROM THE PROPERTY LINE FOR AN EXISTING
HOUSE CONSTRUCTED OVER A DRAINAGE
CANAL AND WATER WAY EASEMENT 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 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 an after-the-fact
variance of 16.5 feet from the required rear-yard setback of 20 feet to 3.5 feet from the
property line for an existing house constructed over a drainage canal and waterway
easement as shown on the attached plot plan, Exhibit "A", in an "RMF-6" 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-3381 filed by David M. Corban with respect to the
property hereinafter described as:
The North 65 feet of the West 1/2 of Tract 4, Whitehurst's Replat, as recorded in
Plat Book 5, Page 1, of the Public Records of Collier County, Florida
be and the same hereby is approved for an after-the-fact variance of 16.5 feet from the
required rear-yard setback of 20 feet to 3.5 feet from the property line for an existing
house constructed over a drainage canal and waterway easement as shown on the attached
plot plan, Exhibit "A", in an "RMF-6" Zoning District wherein said property is located,
subject to the following conditions:
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-3381 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
Sl-h
A~D
,2003.
day of
A TTES1i'j . 04 "., ,
DWI@HTX BRO~~, CLERK
BOARD OF ZONING APPEALS
::lilliRLi:
TOM G, HAIRM~
11-3-03
/'::~ "....;/ ~.?~~
l~~'~~k
-. . + .." .
lt~ff IS' to , CtIa1.......s
stgna~~ct:.Oirl:r. .
Approved as'to Form
and Legal Sufficiency:
-m.o~ ))1. ~4k
Marjorie . Student
Assistant County Attorney
V A-2002.AR-3381/FRlsp
2
;,.
7B
7B
65.0 FEET
"
,u
I
I
I
I
I
I TOP.OFBANK
I .
I
20 FOOT REAR SETBACK
1--------------,
I
I
1
~I
II..
Q'
.n.
~I
I
I
I
I
~I
~l
ml
iiil
::~I
;!I
5,
~I
~I
~I
,
I
I
CORBAN RESIDENCE
2832 ARBUTUS ST.
NAPLES,FL
PLAN OF
~ LIVING AREA
5' 20'
n.n
~
O' 10'
.-l
zEB
DRAINAGE CANAL AND WATERWAY EASEMENT
V A-2002-AR-3381
Proposed footprint
Exhibit "A"