Resolution 2004-238
RESOLlITION NO. 04- 238
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY RELATING TO PETITION
NUMBER V A-2004-AR-5756 FOR A VARIANCE OF 1.25
FEET FROM 15-FOOT SEP ARA TION BETWEEN
TOWNHOUSE STRUCTURES REQUIRED BY
PARAGRAPH 7.3.C. OF THE CYPRESS GLEN PUD TO
13.75 FEET, FOR THE SEPARATION BETWEEN
BUILDING 6 AND BUILDING 7 LOCATED IN SECTION
12 TOWNSHIP 49 SOUTH RANGE 25 EAST ON
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
17D
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 (LDC)
(Ordinance No. 91-102, as amended) 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 1.25 foot after-the-fact variance from the
required 15-foot separation between townhouse structures required by Paragraph 7.3.C of the
Cypress Glen PUD to 13.75 feet, for the separation between Building 6 and Building 7, as
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-2004-AR-5756 filed by Hole Montes, Inc., representing Cypress Glen
Development Corporation with respect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 1.25 feet from 15-foot separation between townhouse
structures required by Paragraph 7.3.C. of the Cypress Glen PUD to 13.75 feet, for the
separation between Building 6 and Building 7, as shown on the attached plot plan, Exhibit "A",
in the Cypress Glen PUD Zoning District wherein said property is located:
Page I of 2
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17D
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2004-AR-5756 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Don"h;, J1!j Myof.J:, /1 .2004
AITEST:
DWIGl:{rE,.~ROCK, CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
d-~
ALA, CHAIRMAN
DC
on~AJL on.~
Marjor' M. Student
Assistant County Attorney
V A.2004.AR.5756IRMlsp
Page 2 of 2
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VA-200_-AR-_ (insert Dale of CCPC Meeting) Page x of y
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HOLE MONTES
EHGtlBIS . PlNHJIS . SIJl\IEVOOS
'OR: 3215 PG: 1618
170
950 Encore Way. NapllIS, RlXicIa 34110' Phone: 941.254.2000 . Fax: 941.254.2099
JiM PROJECT #2002524
214/3
REF. OWG. #B-3645-]
CYPRESS GLEN VIlLAGE, A CONDOMINIUM
PHASE II, BunDINO 6
LEGAL DESCRIPTION
A PORTION OF THE SOtITHEAST QUARTER OF SECI10N 12, TOWNSHIP 49 SOtITH, RANGE 2.5 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOu.DWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOtITH, RANGE 25 EAST.
COLLIER COUNTY, FLORIDA; THENCE RUN N.89D32'07"W., ALONG THE soum l1NE OF THE SOUTHEAST
QUARTER OF SAID SECTION 12. FOR A DISTANCE OF 1385.93 FEET TO THE SOUTIlEAST CORNER OF TIm
SOUTHWEST QUARTER OF THE SOUTIIEAST QUARTER OF SAID SECfION 12; THENCE RUN N.OO"OS'S3"W.,
ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOlITHEAST QUARTER OF SAID SE'crION
12, FOR A DISTANCE OF] 12.56 FEET; THENCE RUN S.89D54'07"W. FOR A DISTANCE OF J79.71 FEET TO TIm
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.87DOl'23"W. FOR A
DISTANCE OF 154.00 FEET; THENCE RUN N.0205S'37"E. FOR A DISTANCE OF 53.85 FEET TO A POINT Ot-l A
CIRCULAR. CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINr BEARS S.46032'32"E. A DISTANCE
OF 15.00 FEET THEREFROM: THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 15,00 FEET, THROUGH A CENTRAL ANGLE OF 5~040'48", SUBTENnED BY A
CHORD OF 13.08 FEET AT A BEARING OF N.69D17'S2"E., FOR A DISTANCE OF 13.53 FEET TO THE END OF
SAID CURVE; THENCE RUN S.84051'44"E. FOR A DISTANCE OF 56.03 FEET; THENCE RUN S.89039'48"E. FOR
A DISTANCE OF 86.13 FEET; THENCE RUNS.02D58'37"W. FOR A DISTANCE OF 60.96 FEET TO TIIE PC>!NT OF
BEGINNING; CONTAINING 0.207 ACRE, MORE OR LESS.' .
. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICfIONS OF RECORD.
P_L.S. #3741
STATE OF FLORIDA
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