Resolution 2002-371
RESOLUTION NO. 02- 371
17C
RELATING TO PETmON NUMBER
V A-2001-AR-1710, FOR A VARIANCE ON
PROPERTY HEREIN-AFTER 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, 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 and lawfully
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 2.5-foot after-the-fact
variance in the PUD zoning district from the required 12-foot side yard setback to 9.5 feet for a
swimming pool and enclosure, as shown on the attached plot plan, Exhibit "A," in the PUD
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 has fully considered all matters presented.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition V A-2001-AR-171 0 filed by GREG WHITE, representing JOSE & CAROL
ROCHA, with respect to the property hereinafter described as:
Lot 41, Southport on the Bay, Unit I, as recorded in Plat Book 15, Pages 51-53,
as recorded in the Official Records of Collier County, Florida.
be and the same hereby is approved for a 2.5-foot after-the-fact variance in the PUD zoning
district from the required 12-foot side yard setback to 9.5 feet for a swimming pool and
enclosure as shown on the attached plot plan, Exhibit "A," of the zoning district wherein said
property is located, subject to the conditions found in Exhibit "B."
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17C
BE IT RESOLVED that this Resolution relating
V A-200I-AR-1710 be recorded in the minutes of this Board.
to Petition
This Resolution adopted after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
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Approved as to Form
and Legal Sufficiency:
Patrick G. it
Assistant County Attorney
Attachments: Exhibit A. Plot Plan
Exhibit B, Conditions
VA-200J-AR.J71O
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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JAM1!s N. COLETTA, CHAIRMAN
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Number
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17C
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Drainage Easement
(Lake 4)
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B
Found 5/8-
Iron Pin
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Noll 4l Disk
(P.CP.) , 2464
(P.C.)
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VA-2001-AR-1no
EXhibit A
/aPPLICANT'S SmCH TO SHOW THE Pill ENCllSDRE VARIANCE DISTANC~
17C
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Conditions for JOSE It CAROL ROCHA
Petition # VA-2001-AR-1710
Staff is recommending approval of the variance with the following conditions:
1. This variance is for the screen enclosure to the extent of encroachment shown in
Exhibit "A" only. Any other encroachment shall require a separate variance; and
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
struct..rre 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.
7 II 0/02
VA-2101-111-mO
Exhlbh B
G:\Current\Deselem\Variances\Rocha-- VA-2001-AR-111 O\Conditions for Resolution.doc