Resolution 2003-026
RESOLUTION NO. 03- ~
78
-
RELATING TO PETITION NUMBER VA-2002-AR-
2446, FOR A VARIANCE OF 23 FEET FROM THE
REQUIRED 50-FOOT MAXIMUM HEIGHT FOR A
FLAGPOLE TO 73 FEET IN THE NAPLES
GA TEW A Y PUD ZONE ON PROPERTY
HEREINAFTER DESCRmED 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 23-foot variance from the required 50-foot
maximum height for a flagpole pursuant to Subsection 2.5.5.2.5.7.2 of the Land Development
Code to 73 feet in the location shown on the attached plot plan, Exhibit "A", in a "PUD" 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-2446 filed by Anne D'Agostino of Mayfield Road, Inc.,
representing CBL Partnership, with respect to the property hereinafter described as:
Lot 3, Naples Gateway, Phase I, as recorded in Plat Book 7, Page 85, in the
Official Records of Collier County, Florida
be and the same hereby is approved for a 23-foot variance from the required 50-foot maximum
height for a flagpole pursuant to Subsection 2.5.5.2.5.7.2 of the Land Development Code to 73
feet in the location shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District
wherein said property is located, subject to the following conditions:
1. This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
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78
2. 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.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-2446 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this / V ~
dayof r....y ,2003.
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,,~[:;~~~I~HJ-!(~lROCK, Clerk
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Approved as to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIE CO Y, FLORIDA
,CHAIRMAN
~.Lon. iktA~;~
Marjori . Student '
Assistant County Attorney
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EXHIBIT "A" :FRO:NJACf
____ FRONTAGE ROAD