Resolution 2002-375
RESOLUTION NO. 02- 225
RELATING TO PETITION NUMBER VA-2002-AR-2691,
FOR A VARIANCE 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 variances in the PUD zoning district as follows:
I) from the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of
Florida Coastal Construction Setback Line (CCSL) to allow (a) the balconies to extend to a
maximum of 2 feet nine inches west of the CCSL; (b) the roof to extend a maximum of 3 feet
west of the CCSL; (c) the shear wall to extend a maximum of 3 feet west of the CCSL; and 2)
from the required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to
allow; a building setback of eight foot, a variance of2 feet, on the east side along Dominica Lane,
as shown on the attached for-page set of site plans, stamped "Received September 9, 2002",
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-2001-AR-2691 filed by Don Cahill, Architect/Builder representing
William G. & Joann Reckmeyer, with respect to the property hereinafter described as:
Lot 9, Block C, Lely Barefoot Beach, Unit I, as recorded in Plat Book 12,
Pages 34-37, as recorded in the public records of Collier County, Florida.
be and the same hereby is approved for variances in the PUD zoning district as follows: 1) from
the required Gulf Front Yard (PUD Ordinance 85-83) setback that aligns with the State of Florida
Coastal Construction Setback Line (CCSL) to allow: (a) the balconies to extend a maximum of 2
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feet nine inches west of the CCSL; (b) the roof to extend a maximum of three feet west of the
CCSL; (c) the shear wall to extend a maximum of 3 feet west of he CCSL; and 2) from the
required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to allow: a
building height of eight foot, a variance of 2 feet, on the east side along Dominica Lane, as shown
on the attached four-page set of site plans, stamped "Received September 9, 2002", Exhibit "A",
of the "PUD" Zoning District wherein said property is located, subject to the conditions shown on
Exhibit "B":
BE IT RESOLVED that this Resolution relating to Petition Number V A-2002-AR-2691
be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
lo;t:::L
day of ~-'oIj-r;;.... hau; 2002.
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.' . Y : DWI$T~. BROCK, Clerk
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Approved as to Form
and Legal Sufficiency:
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Patric . White
Assistant County Attorney
Exhibits: A. Four-page set of site plans, pages 2-5 and 7-10, stamped "Received
September 9, 2002"
B. List of Conditions