Resolution 2002-457
RESOLUTION NO. 02-.A.5..2
RELATING TO PETITION NUMBER
V A-2002-AR-2432 FOR A FNE-FOOT REAR
YARD SETBACK VARIANCE FROM THE
REQUIRED 30 FEET TO 25 FEET IN THE
FOXFIRE PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
17 A
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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 5-foot variance from the required 3D-foot
rear yard setback to 25 feet as shown on the attached plot plan, Exhibit "A", in a "PUD"
Planned Unit Development 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-2002-AR-2432 filed by Stan Whittmore, representing Belden and
Georgelle Bums, with respect to the property hereinafter described as:
Lot 13, Foxfire Unit 3, Block G, as recorded in Plat Book 13, Page(s) 101-103, in
the Official Record Books of Collier County, Florida
be and the same is hereby approved for a 5-foot variance from the required 30 foot rear yard
setback to 25 feet as shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning
District wherein said property is located, subject to the following conditions:
1. This variance is for the encroachment shown in Exhibit" A" only. Any other
encroachment shall require a separate variance.
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
structure 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.
17A
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
V A-2002-AR-2432 be recorded in the minutes of this Board.
Done this
5i.h
This Resolution adopted after motion, second and majority vote.
day of f..hl!~ , 2002.
A TT.MT~ 9~f.l1
D.~I?:T E. HREJCK, Clerk
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLO A
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Approved as to Form
and Legal Sufficiency:
BY:
JAM
l'rI(IAt~Yr1. f2tJ.~
Marjori M. Student (
Assistant County Attorney
V A-2002-AR-2432/FR/lo
N.COLETTA, CHAIRMAN
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OF BOUNDAllY SURVEY
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LEGAL DESCRlPTlON :
LOT 13, BLDCK..G, FDXFIRe, UNIT 3, ACCORDING
TO THE PLA T THeReOF AS ReCDRD€D IN PLA T
BOOK 13, PAW' 101 THROUGH J03, INCL.USIVE, .
OF THE PUBL'IC, RCCORDS :DF COLLICR COUNTY,
FLORIDA.
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CERnFIED TO
\.I. R BURNS. JR. L GEDRGE
Exhibit
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