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Resolution 2002-485 RESOLUTION NO. 02- .i.B 5 17A RELA TING TO PETITION NUMBER V A-2002-AR- 2617, FOR A VARIANCE 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 (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 an after-the-fact variance from the required: I) 30-foot side yard setback (LDC Section 2.2.3.4.3.2.), to allow a 14.4 foot side yard setback (a variance of 15.6 feet); and 2) 75-foot front yard setback (LDC Section 2.2.3.4.3.1.), to allow a 70.1 foot front yard setback (a variance of 4.9 feet), for property located at 2231 141h Avenue NE, as shown on the attached plot plan, Exhibit "A", 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-200 I-AR-2617 filed by Creative Homes of S. W. Florida, representing Lloyd Wynn, with respect to the property hereinafter described as: Golden Gate Estates Unit 16, Tract 99, Lot E-150, as recorded in Plat Book 7, pages 3-4, Collier County records, in Section 36, Township 48 South, Range 27 East. be and the same hereby is approved for a 15.6-feet variance from the required side yard setback of 30 feet to 14.4 feet and a 4.9 foot variance from the required front yard setback of 75 foot to allow a 70.1 foot setback as shown on the attached plot plan, Exhibit "A", in the "E" Zoning District wherein said property is loca.ted, subject to the following conditions: I. The variance granted is limited to the after-the-fact side and front yard encroachments for the existing house, located at 2231 14th Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. In the case of the destruction of the encroaching structure for any reasolto?n A 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. BE IT RESOLVED that this Resolution relating to Petition Number V A-2002-AR- 2617 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 3~ day of ~ 011 /I MLi'", A ,2002. ........."',...'lII'4'li,,,\\\, " _....... r.... t~~ \\1 ..- ,<'\..,.. ...."';:Qr " .jA~Tj""<~ .,\\ f .,~~ft~~~O~.'fIerk ...~~;.,...~.I.I ~, .:.0; ~~~,...' . . ,. .... ;...'., '!"l; I ~. ",~ ?t~~,~.'~~< :} ~ I ,_- F.> _",... h'.. ., . ~ :; 'I. ""J... :;'NI'1",,:'./ ....'.: ~ ~i.~~ 0 N j .. .. ^--I ~ '-- i, ":r't)~~ _.' I ~ , \ 1. '. ~ '. .. , ..... ,",," ...... "," BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA J~~~N Approved as to Form and Legal Sufficiency: ~t~ Assistant County Attorney V A-2002-AR-2617 KDlsp Attachment: Exhibit A, Plot Plan, stamped Received May 31, 2002 CREA TIVE HOMES OF SW FLORIDA 12355 COLLIER BLDV. SUITE F, NAPLES, FL. 34116 ,,'17~ A' (941) 455-n54 FAX (941) 455-7515 1 !- - - - - T - -t - - - - - - -: ) ~ I I I I I I ..... 15' I I I I I . ~ I 45' ON SITE lIOAROW AREA MC>>O:5tO WaL I f16' e I {-30t l14t ~~J ........ I 50' 90' I .1i lK ~. < g . on ,.. .J .//" 85'8 I ! JOB NO.: 1179 a.IENT: WYNN I ADDRESS: 223114th AVE. NE. .l., r CITY: NAPLES COUNTY: COLLIER , TIC,fcr;: I UNIT: 16 LOT: E 150 8t:tC: 99 i S~PNUMB~: 32397200007 NORTH ~ AAAOW ~ LIVIN& AREA: TANK SIZE: DRAINFIELO SIZE: 11<46 SQ.FT. 900 GAL 462 SQ.FT. I ~ I I I I I I I I /' r"-'/ I I 5r_ I .TWI ..~ ------------J-. . I I { I , I I I I I . I . I /' I I I I - "I "aB t b ,... sr_ 1== i I I 150' . I..au IClI~ HERON (3 BDR.) RIGHT HAND GARAGE V A-2002-AR-2617 EXHIBIT A 17A CONDITIONS LLOYD WYNN Petition II V A-2002-AR-2617 The foregoing variance petition approval is subject to the following conditions: 1. The variance granted is limited to the after-the-fact side and front yard encroachments for the house, located at 2231 14th Avenue N.E., as depicted and more particularly described in the applicant's site plan stamped "Received May 31, 2002." This site plan is included as Exhibit A; and 2. If the residential dwelling structure is 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 and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. Revised: 10/24/02 VA-2002-AR-2617 Exhibit B G:\Current\DeselemWarlances\Valle, Marlo for Wynn-- V A-2002-AR-2617\Conditions.doc