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Backup Documents 03/10/2009 Item # 7B 178 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ._..w*.................*'......_...............,...._.********.*..*****~*******...****..*...*** Originating Deptl Div: CDES.lZonine: Person: Susan M. Istenes, AICP, Director Date lci-I)(-DS Petition No. (If none, give brief description): ADA-2007-AR-12313, Olde Cypress - Lot 28 Petitioner: (Name & Address): Mr. Clay Brooker, Esq., Cheffy, Passidomo, Wilson, & Johnson LLP, 821 Fifth Avenue South, Suite 201, Naples, FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed. altach separate sheet) s. Melissa Ross Trust (c/o Melissa Showalter, Trustee), 294:5 Lone Pine Lane, Naples, FL 34119 Hearing before Bee HZ-A Other Requested Hearing date: hearing. Januarv 27. 2009 Based on advertisement appearing 15 davs before Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ADA-2007.AR~ 12313. S. Melissa Ross Trust, represented by Chefty, Passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal regarding the application of SC.07~02 for property located on Lot 28 in Olde Cypress. The applicant is appealing the decision pursuant to 250~58 of the Collier County Code of Laws and Ordinances. The applicant proposes that the method of measurement was not used properly and the setbacks are insuUicient for a comer lot. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 ~'1n.15~ ivision Administrator or Designee 1~-J8'0g Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for samel is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining 8 copy for file. ***.**.....*.................*..................*..*..*....***..............****.*.**....*****. FOR CLERK'S OFFICE USE ONLY: I I '\~L-o. Date Received:~Date of Public hearing: ~ Date Advertised: _ I J~ tf7 Page I of I 78 Teresa L. Polaski From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Monday, December 29,200812:18 PM To: Minutes and Records Subject: RE: ADA-2007-AR-12312 Advertising There is not any back-up at this timc. Susan asked mc to advertise them without them at this time. The CA still has the Resolutions. HAP 'e' - V ! \-l.,.;;.\I/ I r= p Heather L. Ramirez PLH1lliTlgTcchn !Cidll From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] On Behalf Of Minutes and Records Sent: Monday, December 29,200812:16 PM To: RamirezHeather Subject: RE: ADA-2007-AR-12312 Advertising Is there only the request form the only backup for this one, ADA-2007-AR-123l2 and ADA-2007-AR-l2313? Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po lask i@collierclerk.com) From: RamirezHeather [mailto:HeatherRamirez@colliergov.net] Sent: Monday, December 29,20089:33 AM To: Minutes and Records Subject: ADA-2007-AR-12312 Advertising !leather L. Ramirez P!;'IJ1Jlillg Tc'chnlci:'JIl Zoning 6< Land DevclopnH.'nt Review i'l\; .~93(J [':IX; (239).252-6366 emd j]: (JeatherHa: rn i n,'z@cul1icrgc),I/.net 12/29/2008 7B Acct. #068779 December 29,2008 Attn: Lega]s Nap]es Dai]y News ]075 Centra] Avenue N ap]es, F]orida 34102 Re: ADA-2007-AR-12313: O]de Cypress - Lot 28 Dear Lega]s: Please advertise the above referenced notice on Sunday, January 11, 2009 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski Deputy Clerk P.O. #4500096189 NOTICE OF PUBLIC HEARING 78 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 27, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Cheffy, passidomo, Wilson & Johnson, LLP, requesting an Administrative Appeal regarding the application SC-07-02 for property located on Lot 28 in Olde Cypress. The applicant is appealing the decision pursuant to 250-58 of the Collier County Code of Laws and Ordinances. The applicant proposes that the method of measurement was not used properly and the setbacks are insufficient for a corner lot. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk Dwight E. Brock Clerk of Courts c----_._., 'ienl\~~reOllier CLERK OF THE GlRClJIT COURT COLLIER COUNTY COURTBOUSE 3301 TAMIAMI mIL EAST PO. BOX 4\3044 NAPLES. FLORIDA 14 1 0 1-3044 ~~/ .~~~ 78 Clerk of Courts Accountant Auditor Custodian of County Funds December 29, 2008 \:\../'/ Mr. Clay Brooker, Esq. Cheffy, Passidomo, Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA-2007-AR-12313; Olde Cypress - Lot 28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27,2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~\C resa Polaski, Deputy Clerk Enclosure Phone (239)252-2646 Web site: www.colliercIerk.com Fax (239) 252-2755 Email: colliercIerk@colliercIerk.com December 29, 2008 '(~t)L~~611ier CLERK OF THE C~RCtJIT COURT COLLIER COUNTY COUR1\HOUSE , 3301 TAMIAMI ~IL E1\ST P.O. BOX 4i.3044 .. NAPLES, FLORIDA~4JOI-3044 3~, ' "11(< \ ( I),~... 78 Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds S. Melissa Ross Trust c/o Melissa Showalter, Trustee 2945 Lone Pine Lane Naples, FL 34119 . . Re: Notice of Public Hearing to Consider Petition: ADA-2007-AR-12313; Olde Cypress - Lot 28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 27, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~r;~ resa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Web site: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 78 Teresa L. Polaski To: Subject: legals@naplesnews.com ADA-2007 -AR-12313 Attachments: ADA-2007-AR-12313.doc; ADA-2007 -AR-12313.doc Legals, Please advertise the following on Sunday, January 11, 2009. Thanks ~ ~ ADA-2007-AR-12 ADA-2007-AR-I2 3I3.doc (28 K8) 3I3.doc (27 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@eollierelerk.eom) 1 Teresa L. Polaski 7B From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, December 30,20089:02 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: A TT94239.txt; ADA-2007 -AR-12313 s D A TT94239.txt (231 B) ADA-2007-AR-I2 313 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com ADA-2007-AR-12313 Page 1 ofl Teresa L. Polaski 78 From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Friday, January 02, 2009 11 :59 AM To: Teresa L. Polaski Subject: RE: ADA-2007-AR-12313 ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, December 30, 2008 9:02 AM Posted To: Legals Done - NDN Conversation: ADA-2007-AR-12313 Subject: ADA-2007-AR-12313 Legals, Please advertise the following on Sunday, January 11,2009. Thanks <<ADA-2007-AR-12313.doc>> <<ADA-2007 -AR-12313.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Boord of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1/2/2009 Teresa L. Polaski 7J1 From: Sent: To: Subject: Attachments: ~ UASIF44.jpg (70 KB) Heredia, Blanca [BEHeredia@Naplesnews.com] Tuesday, December 30,200810:06 AM Teresa L Polaski Ad Confirmation UAS1 F44.jpg he 2nd confirmation for the January 11th notice. Thanks for your help. Blanca Thank you for Date publication Account Number Ad Number Total Ad Cost placing your ad. 12/30/08 NDN 744102 1765672 $385.22 1 NOTICE OF PUBLIC HEARING N once Is hereby given that the Board of County CommiSS'l(}ners of Collier COlmty will hold a public hearing on Tuesday. Janw'lry 27.2009. in the BO.;lrd- room. 3rd FIiJor. Administration Bui Iding, Coli ier County Government Center. 3301 East Tamiami Trail. Naples. Florida. The meeting will begin at 9:00 A.M. Petition; ADA-2007-AR-12313. S. Mel'lssa Ross Trust. represented by Cheffy. Passidomo. Wilson & John- 5011. lLP. requesting an Admln'lstrative Appeal re- garding the application SC-07-02for property locat- ed on lot 28 In Olde Cypress. The applIcant isap- pealing tl1e decision pursuant to 250-58 of the Col- !leI' County Code of laws and Ordinances. The ap- plicant proposes that the method of measurement was not used properly and the setbacks are Insuffl- cientfor a corner lot. NOTE; All Persons wishing to speak Gnany agenda item must register with the County Administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minutes on any item, The selection of an individual to speak on behalf ot an organization or group is encouraged. If recognized by the Chair. a spOkes- person tor a group or organization may be allotted 10 minutes 10 speak on an item. Pel-sons wishIng to 11ilV€ wrrtten or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case. written materials intended to be considered by the Board shall be submitted to the appropr'rilte County staff a minimum of seven days prior to the public hear- ing, All material used in presentations before the Board will become a permanent part of the record. Any person who declcles to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore. may need to en- sure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is based. If you are 11 person with 11 dlsabHity who needs any a.ccommodatlon In order to participate In this pro- ceeding. YOll are entitled. at no cost to you. to the provision of certain asslstance. Please contilct the Collier COllllty Facilities Management Department, locatee! at 3301 Tamlami Trail East, BUilding W. Naples. Florida 34112. (239)252.8380: assisted listen- Ing devices for the hearing impaired are 11va1lal:)le in the County Commissioners' Office. 78 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA TOM HENNING. CHAIRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski. Deputy Clerk January 11 No. 1765672 Naples Daily News Naples, FL 34102 78 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59550580 4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/11 01/11 AD SPACE: FILED ON: Signature of Affiant Sworn to and Subs crib me this Personally known by me (j TOI.t , . tt4.~a... hln 17~" of ;)1/X.!J.("'h.- 200'1 u ., ANEL A, MCDONALD o 475 Expires June 29, 2011 Fklnded Tr~c Troy Fai'llnSUr.lnce 800-365-7019 Patricia L. Morgan 7 B ." From: Sent: To: Cc: Subject: RamirezHeather [HeatherRamirez@colliergov.net] Tuesday, January 20,200910:41 AM Patricia L. Morgan IstenesSusan RE Legal ad for 1/277 Not sure ii'anything will change but I will scnd a ncw legal ad ovcr whcn the time comes I()r the March 10'h advertising. This way iI'anything changes vve"JI have it on t.he new legal ad. Heather L. Ramirez ;'111:1 i...'<..:hn',-1:1I1 ,;; ~q:O From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com] Sent: Tuesday, January 20, 2009 10:34 AM To: RamirezHeather; brock_m; pui9-.J Cc: IstenesSusan; Minutes and Records Subject: RE: Legal ad for 1/277 Heather and/or Susan, Thank you for the update but as you noticed in my email below... we have already received the affidavit for this legal ad. Are you going to send out a new ad request or do you want us to use this email notification to resend the ad for the 15-day requirement for the March 10th BCC meeting? Please let us know and also if anything has changed in what you need advertised. Thanks, Trish From: RamirezHeather [mailto:HeatherRamirez@colliergov.net] Sent: Tuesday, January 20, 2009 10:28 AM To: Brock, Mary; Patricia L. Morgan; Puig, Judy Cc: IstenesSusan Subject: RE: Legal ad for 1/277 Iii All. thosc petitions have been continued until the March lOll' Bee. Heather L. Ramirez ! \. h!l;<,:i;1!1 : ':; -'., li ~! From: brock_m Sent: Tuesday, January 20, 2009 10:27 AM To: Patricia L. Morgan; puig-.J; RamirezHeather Subject: RE: Legal ad for 1/277 Heather, Do you know if this item IS going on the 1/27 agenda? Thanks, MJ r 78 From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com] Sent: Tuesday, January 20,200910:19 AM To: brock_m Subject: RE: Legal ad for 1/277 I just checked all of our stuff and we have that one and the AOA-2007-AR-12312, Old Cypress - Lot 28. I am thinking that they forgot to put them in Both of these were signed off by Susan, so I'm not sure who was going to put those into Novus. 00 you want me to check with Heather to see if these have gotten pulled or forgotten?? They did run as scheduled in NON on 1/11/09 as we already received the affidavits on them. Just let me know.... Thanks, Trish From: brock_m [mailto:MaryBrock@colliergov.net] Sent: Tuesday, January 20, 2009 10:03 AM To: Patricia L. Morgan Subject: Legal ad for 1/277 Hi there.. I have a legal ad for 1/27 ADA-2007-AR-12313, Olde Cypress Lot28. I'm not seeing it on the draft agenda. Was it pulled? Thanks, MJ Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic ma;! to this entity. Instead. con1ac! this office by telephone or in wr;(ing 78 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement (Display Ad\!.. location. etc.) .*.*........********.**.*........*..******.*****.*...**w***ww.****.**.*********.*********.***.. Other: Originating Dcpt/ Div: CDES./Zonine Person: Susan M.lstcnes, Alep, Director Date: Petition No. (It none, give brief description): ADA-2007-AR.123 1.3. Olde Cypress. LOl2S Petitioner: (Name & Address): Mr. Clay Brooker, Esq., Cheffy, Passidomo. Wilson. & .Iohnson LLP. 821 Fifth Avenue South, Suite 201, Narle~. FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) S_ Melissa Ross Trust (c/o Melissa Showalter, Trustee), 2945 Lone Pine Lane. Naples, FL 34119 Hearing belnre BCC BZA Other Requested Hearing date: March 10.2009 Based on ath(:rtiscl11cnt appearing 15 davs before hearing. Newspaper(s) to be used. (Compkte only if important). xxx Naples Daily News Other Legally Requin:d Proposed Text (Include legal description & common location & Size: Petition: ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Clay Brooker of Chefty, Passidorno, Wilson & Johnson, LLP, requesting an appeal regarding the applicalion of SC-07.02 to the mea.'mrement of front :-ietbacks for lhe approval of a building permit. The applicant is appealing the decision pursuant to Section 250-58 of the Collier County Code at Laws and Ordinances. The applicant suggests that the method 01 measurement Jar the tront setbacks was incorrect and that the approved front setbacks are insutfident for <l rorner lot for proren}' located at 2949 Lone Pine Lane. Lot 28. Olde Cypress Subdivision \Ini13, in Section 21. Tnwn.ship 4RS, Range 26E, Collier County, Florida. Companion petilion(s), if any & proposed hearing dale Dots Petition Fee include advertising cost? Yes No It Yes, what account should ot': charged Jar advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: ~~.\~~ r5ivision Administrator or Designee 7-/10/01 Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Dh:ision Head approval before submitting to County Manager. Note: If legal document is involved. be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County "tanager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initialing Division head to approve and submiT original 10 Clerk's Oftice, retaining a copy for file. *********************************************************************************************** FOR CLERK'S OFHO: USE ONL V: Date Received 2.)10 'l)~ Dutc of Public beacing: ~i(~Ltfl Date Advertised ;2/~ ()..lo q 78 Acct. #068779 February 11,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ADA-2007-AR-12313: Olde Cypress - Lot 28 Dear Legals: Please advertise the above referenced notice on Sunday, February 22, 2009 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski Deputy Clerk P.O. #4500096189 78 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ADA-2007-AR-12313, S. Melissa Ross Trust, represented by Clay Brooker of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting an appeal regarding the application SC-07-02 to the measurement of front setbacks for the approval of a building permit. The applicant is appealing the decision pursuant to Section 250-58 of the Collier County Code of Laws and Ordinances. The applicant suggests that the method of measurement for the front setbacks was incorrect and that the approved front setbacks are insufficient for a corner lot of property located at 2949 Lone Pine Lane, Lot 28, Olde Cypress Subdivision Unit 3, in Section 21, Township 48S, Range 26E, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk 78 Dwight E. Brock Clerk of Courts Cour:!}L6fCo llier . CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA~~ 1 () 1-3044 78 Clerk of Courts Accountant Auditor Custodian of County Funds February 12,2009 Mr. Clay Brooker, Esq. Cheffy, Passidomo, Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 20 I Naples, FL 34102 Re: Notice of Public Hearing to Consider Petition: ADA-2007-AR-12313; Olde Cypress - Lot 28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Lt~ eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.coIlierclerk.com Fax (239) 252-2755 Email: coIlierclerk@.coIlierclerk.com Dwight E. Brock Clerk of Courts CowntyOfCollier 'I ._,,~ CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORlDA34101-3044 ?B ~ ~ Clerk of Courts Accountant Auditor Custodian of County Funds February 12,2009 Melissa Ross Showalter 1860 Amberwood Manor Ct. Vienna, VA 22182 Re: Notice of Public Hearing to Consider Petition: ADA-2007-AR-12313; Olde Cypress - Lot 28 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, March 10, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 22, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~Sc eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Teresa L. Polaski 78 t< To: Subject: legals@naplesnews.com ADA-2DD? -AR-12313 Attachments: ADA-2DD? -AR-12313.doc; ADA-2DD? -AR-12313.doc Legals, Please advertise the following on Sunday, February 22, 2009. Thanks ~ ~ ADA-2007-AR-I2 ADA-2007-AR-I2 313.doc (28 K8) 313.doc (28 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Thursday, February 12, 2009 2: 15 PM Teresa L. Polaski Delivery Status Notification (Relay) 7f{ Attachments: ATT19861.txt; ADA-2007-AR-12313 [J B ATTl9861.txt ADA-2007-AR-I2 (231 B) 313 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 ADA-2007-AR-12313 Page 1 of 1 78 Teresa L. Polaski From: Sent: To: Pagan, Emely [EPagan@Naplesnews.com] Thursday, February 12, 2009 3:54 PM Teresa L. Polaski Subject: RE: ADA-200?-AR-12313 ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Thursday, February 12, 20092:15 PM Posted To: Legals - NDN Conversation: ADA-2007-AR-12313 Subject: ADA-2007-AR-12313 Legals, Please advertise the following on Sunday, February 22, 2009. Thanks <<ADA-200? -AR-12313.doc>> <<ADA-200?-AR-12313.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Boord of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po lask;@collierclerk.com) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/12/2009 Teresa L. Polaski 78 From: Sent: To: Subject: Attachments: !iI UAS927.jpg (80 KB) Pagan, Emely [EPagan@Naplesnews.com] Thursday, February 12, 2009 5: 12 PM Teresa L. Polaski Ad Confirmation UAS927.jpg Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad. 02/12/09 NDN 744102 1778312 $385.22 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, March 10.2009, in the Board- room, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamlami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. petition: ADA-2007-AR-12313. S. Melissa Ross Trust. rep'resented by Clay Brooker of Cheffy. Passidomo. Wilson & Johnson, LLP. requesting an appeal re- garding the appl'ication SC-Q7-Q2 to the measure. ment of front setbacks for the approval of a build- ing permit. The applicant is appealing the decision pursuant to Section 250-58 of the COllier County Code of Laws and Ordinances. The applicant sug- gests that tl1e method of measurement for tile front setbacks was incorrect and that the approved front setbacks arc insufficient for a corner lot of property located at 2949 Lone Pine Lane, Lot 28. Olde C~press Subdivislon Unit 3, In Section 21. Township 485. Range 26E. Collier County. Florida NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be ad- dressed. Individual speakers will be limited to 5 minlltes on any item. The selection of an individual to speak on behalf Of an organization or group -IS encouraged. If recognized 6y tl1e Chair, a spokes- person for a group or organization may be allotted 10 minlltes 10 Speak on an item. Persons wishing to have written or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials 'Intended to be considered by the Board shall be submitted to the appropriate county staff a minimum of seven days prior to the publiC hear- ing. All mater'lal used in presentations before the Board will become a pennanent part of the record. Any person WllO decides to appeal a decision of the Board will need a record of the proceedings per- tailling thereto and therefore. may n~~ed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If YOll are a person with a disability who needs any accommodation in order to partiCipate in this pro- ceed ing. you are entitled. at no c;ost to you. to the provision of certain assistance. Please contact the Collier' County Facillties Management Dep,8rtment, located at 3301 Tamiarni Trail East. BUilding W. Naples, Florida 34112. (239)252-8380; assisted listen- ing devices for the hear'lng 'Impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY. fLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK. CLERK By: Teresa Polaski, Deputy Clerk February 22 No. 1778312 78 Naples Daily News Naples, FL 34102 78 Affidavit of publication Naples Daily News --------------------------------------------------+------------------------ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59560666 4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/22 02/22 IIInl'"'"U AD SPACE: 134.000 INCH FLLED ON, 0'/"/" ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - "fh -"(2- - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Signature of Affiant NVl 09t- / I Sworn to and Subscribed before me this '-')~ day of 0( 0 11 Cro/XJ! P U-n7'4..h'1f\ PR.J: Personally known by me 20QJ CHANEL A. MeDONALL' Cun:mission DO 650475 t:xpires June 29, 2011 <"~l'" H,., T:.:),' '>11: i~~II'.1~Cf 80Q.385.7019 78 ,'I, , 4.' ORIGlNAL DOCUMENTS CHECKUST & ROUTrNG SUP TO ACCOMPANY ALL ORIGINAL DOClJMENTS SENT TO THE BOARD OF COlJNTY COMMISSIONERS OFFICE FOR SIGNATlJRE Print on pink paper. Attach to original documt:nt. Original dOCUlllt'l1/s ~h()uld b<.e hand dclivcl"C(] to the Board Office The completed routing slip and original documents are to be fmwardcd 10 the Board Office only .iuJel" thL' Ih'<Jrd has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatlLlTs, dates, andlor information needed. If the document is already complete with the r ftl Ch' , < d I <I ) r I #< I I #4 I < tI h kl < d r d t S PI 0' #5) eXCCpllon 0 Ie airman S Slg113 lire, fawa me lroLlo 1 rOll ml!: lIles llfllU"1 , C_~~llp e e 1C c ec ]5, an orV.iar 0, ue 'I son me Route to Addressee(s) Office Initials Date (List in routing order) L 2, 3. 4. Steveu T. Williams, County Attorney STW 3-24-09 Assl. Couuty Attorney 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder orlhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the Bee ChaiTman's signatllre arc to be delivered to the BCe office only after the nee has acted to approve the item.) Name of Primary Staff Steven T Williams Phone Number 252-8400 Coutact Ageuda Date Item was 3-10-09 Agenda Item Number 7-B Approved 1>y the BCC Type of Document Resolution 2009-61 Number of Original One Attached Documents Attached L INSTRlICTIONS & CHECKLIST Initial the Yes eolumn or mark "N/A" in the Not Applicable column, whichever is a ro riate. Origiual documeut has beeu sigued/iuitialed for legal suffiCiency. (All documeuts to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan aud Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties except the BCC Chairman aud the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final ne otiated contract date whichever is a plicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should he proVided to Sue Filson in the BCC office within 24 hours ofBCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BeC on 3-10-09 aud all chauges made duriug the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Iuitial) STW N/A(Not A Iicable) 2, 3. 4. 5. 6. STW STW STW STW STW I: Forms! County Forms! BCe Forms! Original Documen!s Routing Slir WWS Original ()'(JJ.04, Revised l 2605. Revised 2.24.05 OS-7794-CA!83 7B RESOLUTION 2009 - 61 A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER ADA-2007-AR-12313 WHICH APPEALED SC-07-02, A STAFF CLARIFICATION OF THE METHOD OF MEASUREMENT OF FRONT YARD SETBACKS, AS APPLIED TO LOT 28 OF THE OLDE CYPRESS UNIT THREE PLAT, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST 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 (LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for establishing front yard setbacks; and WHEREAS, County Staff applied the Chord method of measurement to establish front yard setbacks on Lot 28 within the Olde Cypress Unit Three, a lot abutting a cul-de-sac; and WHEREAS, SC-07-02 was issued on August 21,2007, after the issuance of the building permit for Lot 28; and WHEREAS, the Petitioner, owner of Lot 29 immediately west of Lot 28, duly appealed to the Collier County Board of Zoning Appeals SC-07-02 and the decision of County Staff to apply the Chord measurement resulting in a front yard setback of less than] 8 feet contrary to the minimum I 8-foot setback set forth in the Collier County Land Development Code; and WHEREAS, this appeal is timely as to the appeal of the Staff Clarification, and it is not timely as to the issuance of the building pennit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Page I of2 -7B ~': Petition Number ADA-2007-AR-123 13, appealing SC-07-02, filed on behalf of the S. Melissa Ross Trust (Melissa Showalter, Trustee) by Clay Brooker, Esq., of Cheffy Passidomo Attorneys At Law P.A., for the property hereinafter described as: Lot 28, Tract 5, OLD CYPRESS, UNIT THREE, according to the plat thereof recorded in Plat Book 32, Pages 84-86 of the Public Records of Collier County Florida Property Appraisers Parcell.D. No. 6462500558] is hereby GRANTED. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote this 10th day of March, 2009. ATTEST: DWIGHT E. BROCK, CLERK \-_~ I" .\', , . ( L '.' .'f< I '.. By:; ~ L..lL k \.'y--'\ I ~___ . . , peputy\Clerk ,. Attest. n . ~ QI:J.h4n I! sfOllature 'Qfti'';' . " Approved as to form and legal sufficiency: By: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA If) / _ lj)~ c:r~ DONNA FIALA, CHAIRMAN Jt-7L.)~ Steven T. Williams Assistant County Attorney Page 2 of2