Resolution 2003-047
RESOLUTION NO. 03-..!.:?
RELATING TO PETITION NUMBER VA-2002-
AR-2848, FOR A 6.1-FOOT VARIANCE FROM
THE REQUIRED 10 FEET TO 3.9 FEET FOR AN
EXISTING SIGN AND A 2.2-FOOT VARIANCE
FROM THE REQUIRED 5 FEET TO 2.8 FEET FOR
AN EXISTING FLAGPOLE 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) 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 6. I-foot variance from the required setback
of 10 feet pursuant to Section 2.5.5.2.2.2 of the Land Development Code, to 3.9 feet for an
existing sign, and a 2.2 foot variance from the required setback of 5 feet pursuant to Section
2.5.5.2.5.7.3, of the Land Development Code, to 2.8 feet for an existing flag pole as shown on
the attached plot plan, Exhibit "A", in a "C-l" 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, THEREFOR,E BE IT RESOLVED By The Board Of Zoning Appeals of
Collier County, Florida, that:
The Petition V A-2002-AR-2848 filed by Richard D. Y ovanovich of Goodlette
Coleman and Johnson, P.A., representing M.L.S. of Naples, Inc., with respect to the property
hereinafter described as:
(Exhibit "B")
be and the same hereby is approved for a 6. I-foot variance from the required setback of 1 0
feet pursuant to Section 2.5.5.2.2.2 of the Land Development Code, to 3.9 feet for an existing
sign, and a 2.2 foot variance from the required setback of 5 feet pursuant to Section
2.5.5.2.5.7.3, of the Land Development Code, to 2.8 feet for an existing flag pole as shown on
the attached plot plan, Exhibit" A", of the "C-l " Zoning District wherein said property is
located, subject to the following condition:
1. This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
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BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-4828 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~8~ day of ::ra.JJU.A<<"~ ,2003.
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and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER CO Y, FLORIDA
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Marjori M. Student
Assistant County Attorney
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06/27 '02 08:12 NO.151 02/02
NORTH NAPLES
FIRE CONTROL
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EXHIBIT "A"
;HURCH OF NAPLES
-
BEARINGS BASED ON 'O-iE SOUlli BOUNDARY OF
SECl10N 1 0 BEING S. 89- 05' 28" W.t PER
ROAD PLAT BOOK 2. PAGE 38 OF ll-fE PU8UC RECORDS OF'
COWER COUNTY. FLORIDA.
DESCRJPT10N:' AS fURNISHED BY CL.IENT
f'rom the Southeaat comer of Section 10. Town.t.1p 41 South.
Ronge 25 Eaat. Collier County, Florida. run We.terty along
the South line of laid Section 1 O. for 1300.00 f.et to the
Point of e.gl"",";; thence run Northerly parall., with the
Ecat IIn. of acid S.ctlon 10, for '850.00 ,..ti thence Wellter1y.
pora"" with the South IIn. of aald SectiOn 10. for 245.00 .
feet: thence South....y. parallel with the Eoat 11n. of aald
S.ctlon 10, for 850.00 feet to the South line of aald Section
10; thenoe Eaeterly. along aald South line. for 245.00 feet
to the PoInt of BeginnIng. Le.. and except S.R. S-31 Rlght-
01- Way.
CERllF1CA 11 ON
I HEREBY CERl1FY TO:
NAPLES AREA BOARD OF REALTORS. INC.
,
. .
.
THA T A SURVEY OF THE HEREON DESCRIBED PROPERTY
WAS MADE UNDER MY DIRECll0N AND THAT TO THE BEST .
,Of' MY K";'OWb.EOGE. BEUEr, .AND":'NFORMAllON; MEETS'" ..
THE MINIMUM TECHNICAL STANDAAos PER CHAPTER 21HH-6
OF niE flORIDA ADMINlsmA"VE. CODE.
\~ /.&; ,-O~_ ./
ROBERT J. BORsf'6K. PLS NO. 4474.
FLORIDA REGfSTERED SURVEYOR
,PLS
SURVEYOR'S NOTES
THIS Cf.:RTJF1CA TlON IS ONLY f'OR THE LANDS AS' DESCRIBED
HEREON; IT IS NOT A CERllFlCA110N OF 111\.E, ZONING, OR
FREEDOM~ ~MTH
~IS CER
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Exhibit liB"
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