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Resolution 2004-327 7A . RESOLUTION 04-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY RELATING TO PETITION NUMBER V A-2004-AR-6067, FOR A VARIANCE IN THE LELY COUNTRY CLUB PUD ZONING DISTRICT AS FOLLOWS: 1) AS-FOOT VARIANCE FROM THE REQUIRED IS-FOOT, TWO STORY SIDE YARD SETBACK, TO ALLOW A 10- FOOT SIDE YARD SETBACK ADJACENT TO LOT 13; 2) A 6-FOOT S-INCH V ARIANCE FROM THE REQUIRED IS-FOOT, TWO-STORY SIDE YARD SETBACK TO ALLOW AN 8-FOOT 7-INCH SIDE YARD SETBACK ADJACENT TO LOT 11; AND 3) A 1- FOOT II-INCH VARIANCE FROM THE MAXIMUM W ALL HEIGHT OF 6 FEET AS REQUIRED BY LDC SECTION 2.6.11.2.2., TO ALLOW A GARDEN WALL HEIGHT OF 7 FEET II INCHES ADJACENT TO LOT 13, 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 (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 a variance as follows: 1) a S-foot variance from the required IS-foot, two story side yard setback, to allow a 10-foot side yard setback adjacent to Lot 13; 2) a 6-foot 5-inch variance from the required IS-toot, two-story side yard setback to allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.11.2.2., to allow a garden wall height of 7 feet II inches adjacent to Lot 13, 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. Page 1 of 2 7A NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The Petition V A-2004-AR-6067 filed by Robert K and Ruth P. Garee, with respect to the property hereinafter described as: Lot 12, Palmetto Dunes at Lely Country Club, in Section 20, Township SO South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a variance as follows: I) a 5-foot variance from the required 15-foot, two story side yard setback, to allow a lO-foot side yard setback adjacent to Lot 13; 2) a 6-foot S-inch variance from the required 15-foot, two-story side yard setback to allow an 8-foot 7-inch side yard setback adjacent to Lot II; and 3) a I-foot II-inch variance from the maximum wall height of 6 feet as required by LDC Section 2.6.1 ) .2.2., to allow a garden wall height of 7 feet 11 inches adjacent to Lot) 3, as shown on the attached plot plan, Exhibit "A," of the "PUD" Zoning District wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-6067 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ILd~ BY: DONNA FIALA, CHAIRMAN ~~ V A-2004-AR-6067/KD/sp Agenc., 02.;:; Assistant County Attorney Item # D.:., Attachments: Exhibit A: Plot Plan Page 2 of 2 r; I I I I I / I ( '^ / "- ffl'.& ~4- I / / "- "- I' _J I I I I I I 1 I I I I I ~I I I --I ' ~ t 1 I I S'8 V2" It..ot 11\ I ~ P L I 8'.'- ~~~ifit~ !~~f.f. 15' required two-story setback ---. IL c- 7A o(~. .... y; . P ---L--,- I(/) , U.E. I I I ~-------------~ / / eXleTING / eClEeNeD / POOL A~A // (REYleE FOOL LAYOUT) ~ ~ I , I, , poeT eeCOND ,I~~, 0," R A 'DITION , 'A(Ji el' I P l I eXleTINa. ONe er,ORY eUILDINa. I EXISTING ..- GARDEN WALL HEIGHT 7' 11" -J I I poeeD GARA6e A~DliION . let FI..OOfit 15' required ~ two-story setback I ~ I -~ - ~JRJ.DE p -,,-- L FALMETO DUNee ClfitCLe Garee Variance Plot Plan V A-2004-AR-6067 Exhibit A