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Resolution 2003-023 RESOLUTION NO. 03-~ 178 RELATING TO PETITION NUMBER V A-2002-AR-3l98, FOR A VARIANCE OF 17.9 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 75 FEET TO 57.1 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 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 l7.9-foot variance from the required front yard setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates Zoning District 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-200l-AR-3198 filed by Beau Keene, P .E. of Keene Engineering, representing Henry Lara, with respect to the property hereinafter described as: Tract 31, Golden Gate Estates, Unit 67 A, according to plat thereof recorded in Plat Book 9, Page 47, of the Public Records of Collier County, Florida. be and the same hereby is approved for a l7.9-foot variance from the required front yard setback of 75 feet to 57.1 feet as shown on the attached plot plan, Exhibit "A", of the "E" Estates Zoning District wherein said property is located, subject to the following conditions shown in Exhibit "B": BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2002-AR-3198 be recorded in the minutes of this Board. oq ~.. 178 This Resolution adopted after motion, second and majority vote. Done this I~ day of I~ ,2003. ^l . : ~"',,-:~~:":' " . .... .... ....".., ATTES'f: ", -:'.', , ~DWIGHt-Jt aRDCK, CLERK ", ',,' UJ .;;', ,~.~/~~~,. ~xf1tl ; fJ:"" -', Atte~i as to Ch&1~'. signaturt OfllJe Approved as to Form and Legal Sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~ ,CHA AN BY: /OlfJ &#/ ~ 1--/ t) .f}o-~ MllIj eM. Student Assistant County Attorney V A-2002-AR-3198/DSllo 2 'a~ i13M '10 NO >I::Mi13S .O'~.t. 11ru 3OW>>ld 01 03Sl.\3ij ~O-.r\ON.,.t ~ ~ ~ I a.. ~ IS i ~ Z I o I - I I- C I ffi' I a.l c( I o Oleo ; 0:111) I' ..J leo -1...11 ! ~ia: a: ::=-Ie.) i5l I I I ..J I -, .. 0, ~ I I I I I I I I I < (1)2 a::=> Wi ; ~ I~~ ::)~~~ m~ .~ ffiiN o~ ~~ It] ?c: if IS 1.&.1 !i: ~ ~ I I I , I I I I I I I I I I I I I I I I"l I ~~ I &:~ I ~ I l I I I I , I ~ ~ ~ ~ ~i~ I I I I I I I 1 I' 1 I I I I I I I I I · /W I · IZ Iw '::) Iz w .. . > Ie( Ie Ia: ICW) 1(") II J I I I I I I I I I , I 1 I I , I r II I I Z ~ ONY' J.NY~Y ^ ~ .3. r 1 I. I ~ I~ I z l~ I >- w I o=w::::l " ~~~~ I ~ ~< , I ~~(i)'E I I a..~~::i (J) It) ... ~ m;.t. I I I I I 1 I 1!ll ! ~ I ,. ~ I~ I I ~ j , L_J .Y6'~.t.~ 3.0~.6~.ooN ONY' J.NY~Y ^ .3. IS !i:. C i 1&1 0 ..-. Zo CD 1!!8wt:: I ZCD~ ~ I W"" a: I ~gi g IQlIllt. a: 1-- I (If):II=;::; .,.. (If)ON(If) U):Jen.... "0 U OLL C .. a: I- :c ~ m :E >< w i c ... [ui c u c > 178 ...... CONDITIONS OF APPROVAL V A-02-AR-3198 a) The variance granted is limited to the proposed front and rear yard encroachments along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan included as Exhibit A; and b) Any residential dwelling structure erected on this lot must maintain a front yard setback on 33rd Avenue NE of no less than 30 feet. as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and c) If a residential dwelling structure is constructed and then 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 must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and d) The entire 75-foot front setback along Oil Well Road must be maintained; and e) The front yard for any structure on this lot must utilize 33rd Avenue NE as the frontage, i.e. homes cannot be constructed using Oil Well Road for access; all access must be from 33rd Avenue NE. EXHIBIT liB"