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Resolution 2002-458 RESOLUTION NO. 02- 458 RELATING TO PETITION NUMBER V A-2002-AR- 2445 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 178 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 a 45-foot variance from the required 75 foot front yard setback to 30 feet as shown on the attached site plan, Exhibit "A," in an "E" Estates 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 (LDC) 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: Petition V A-2002-AR-2445 filed by Douglas Eaton, representing Benjamin Arledge, with respect to the property hereinafter described as: Tract 70, Golden Gate Estates, Unit 67A, as recorded in Plat Book 9, Page 47, in the Official Record Books of Collier County, Florida in Section 21, Township 48 South, Range 28 East, Collier County, Florida. be and the same hereby is approved for a 45-foot variance from the LDC Section 2.2.3.4.3.1., 75 foot front yard requirement to allow only a 30 foot front yard as shown on the attached site plan, Exhibit "A," of the "E" Estates Zoning District wherein said property is located, subject to the conditions shown in Exhibit "B:": 178 BE IT RESOLVED that this Resolution relating to Petition Number V A-2002-AR-2445 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of Alo\lQ~ , 2002. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA II"".... ....,.~'J. C.1' fl, ..~{~>.....:.< o^'~,~ 1d~~~'~~ :he. Def14tyGlerk, d';; .':' ~, ~:.::-.~. .:-........ )...-' " ,,' AttestJas ~ to Chlfran' s S1gnllture"cnly_ Approved as to Form and Legal Sufficiency: ~4i JANH!SN.COLETTA,CHA~AN i115foz. o/~~ Patrick G. White Assistant County Attorney Attachments: Exhibit A, Site Plan Exhibit B, Conditions V A-2002-AR.2445/KD/lo I\'- IrS ().~ I~ ~~ I , I 0; I ~ - r I , II I , I , I , I Il~ , h I , , \1"':~~ ~.. I r I r i~ ~ ~&.:I I I IYi~\l)!'n1 , d .~ .... I , ~cq'~i~1 I ~4... "'~, , I , ~,:~~~: I , , .. I "- , ~I z' , . ~ ~ ! ~ I ~1 I ~ ~ al IIi' zl I ~ , ::! I 0 , I , I , I , I , I , , I , , I , , I I I , ~ I I I , I , 1 ___J , - I , I , I , I \APPLICANTS SITe PLAN\ I . s '1(1 VA-2002-AR-2445 -.)l' Q~ 9~ '-:"C till Exhibit "A" ~.~V 178 CONDITIONS FOR BEN ARLEDGE Petition # V A-2002-AR-2445 The foregoing variance is subject to the following conditions: 1. The variance granted is limited to the proposed front yard encroachment along 33rd Avenue NE as depicted and more particularly described in the applicant's site plan stamped "Received May 2. 2002." This site plan is included as Exhibit A; and 2. Any residential dwelling structure erected on this lot must maintain a front yard setback on 33rd Avenue NE of no less than 30 feet, as measured from the northerly edge of the right-of-way of 33rd Avenue NE; and 3. If a residential dwelling structure is constructed and then destroyed 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, all reconstruction of the structure must conform to the provisions of the Land Development Code in effect at the time of reconstruction; and 4. The entire 75-foot front setback along Oil Well Road must be maintained; and 5. The front yard for any structure on this lot must utilize 33rd Avenue NE as the frontage, Le. homes cannot be constructed using Oil Well Road for access; all access must be from 33rd Avenue NE. Revised: 8/7/02 VA-2002-AR-2445 Exhibit B G :\Current\DeselemWariances\Arledge. Ben-V A-2002-AR-2445\Conditions.doc