Backup Documents 02/24/2009 Item #17AI ?A I
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.
Originating Dept/ Div: CDES.7Zonine Person: John -David Moss, AICP Date: 6�
Petition No. (If none, give brief description): VA- 2008 -AR- 13756, Plantation Island Variance
Petitioner: (Name & Address): Torre][, Hall. & Associates, Lauren Barber, 3584 Exchange Ave., Naples, FL 34104
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Lee
Wyatt Trust
Hearing before ACC BZA Other
Requested Hearing date: February 24, 2009 Based on advertisement appearing 15 days before
hearing.
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: VA- 2008 -AR- 13756, Lee Wyatt,
represented by Lauren Barber of Turrell and Associates, is requesting a front yard setback Variance for principal
structures in the Mobile Home (MH) Zoning District from 25 feet to 16 feet, as required by Land Development Code
(LDC) Section 4.02.01, Setbaekslor Base Zoning Districts, to permit a nine -toot setback; and a site alteration Variance to
impact mangroves, pursuant to LDC Subsection 9.04.02.8. LThe approximately 0.14 -acre subject property is located on
Lot 77, Otter Avenue, in Plantation Island, of Section 24, Township 53 South, Range 29 Fast Collier County,
Florida.
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
Review by: ✓tYx ,
DiAsion Administrator or Designee Da e 7
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC 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 same, 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 a copy for file.
FOR CLERK'S O�F,F,I�C,E� USE ONLY: 1
Date Received: - -►,? l.t�l Date of Public hearing:
—Nim Date Advertised:_
VA- 2008 -AR -13756 Plantation Island Variance
Ann P. Jennejohn
From: MossJohndavid [JohndavidMoss @colliergov.net]
Sent: Friday, January 30, 2009 11:38 AM
To: Ann P. Jennejohn
Cc: RamirezHeather
Subject: RE: VA- 2008 -AR -13756 Plantation Island Variance
Ann,
Page 1 of 1
It7A . tit
That's the address I have on the application for Lee Wyatt too. Thanks a lot for verifying and sending the letter
out!
Have a nice weekend,
IR
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Friday, January 30, 2009 11:20 AM
To: RamirezHeather
Cc: MossJohndavid
Subject: VA- 2008 -AR -13756 Plantation Island Variance
Hi there,
I'm going to be sending the Lauren Barber @ Turrell, Hall & Assoc. a petitioner letter re: the Plantation
Island
Variance but need to know if you'd like one send to Lee Wyatt. I'll need an address for Mr. Wyatt.
I checked the Property Appraiser's Website and found an address for Lee & Janet Wyatt on Snook Drive
(2370) in Naples. If ou could possibly verify that this is where his notice should be sent, I'll take it from
there. ( 340
Thank you both,
Ann Jennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennejohn@collierclerk.com
Under Florida Law, e -mail addresses are public records. Ifyou 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.
1/30/2009
117A
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA- 2008 -AR- 13756, GRANTING TWO
VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION
4.02.01.A, TABLE 2.1 (FRONT YARD SETBACKS), AND THE
SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE
LAND DEVELOPMENT CODE (MANGROVE TREES), ON
PROPERTY HEREINAFTER DESCRIBED IN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, 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 No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner has requested a front yard setback variance from subsection
4.02.01.A, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9 -foot variance), pursuant to
LDC Section 9.04.00, for construction of a single - family stilt home; and
WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the
LDC, pursuant to subsection 9.04.02.13.1 thereof, to allow dredging and filling of, and related
impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation
Island Subdivision (unrecorded), utilizing the procedure set forth in section 9.04.03 of the LDC;
and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
Page 1 of 3
17A
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the LDC; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC
subsection 4.02.01.A, Table 2.1, to decrease the 25 -foot front yard setback requirement to 16
feet (i.e., a 9 -foot variance), for construction of single - family stilt home on property described
as:
Lot 77 of Unrecorded Plat of Plantation Island Mobile Home Sites, Unit No. 3, located
in Section 24, Township 53 South, Range 29 East; from the Northwest corner of Section
24, Township 53 South, Range 29 East Collier County, Florida run, S87 32'20" E, along
the North line of said Section 24, for 467.98 feet; thence run S2 27'40" W, for 210.00
feet; thence run S87 32'20" E for 980 feet; thence run S2 27'40" W for 130 feet to the
POINT OF BEGINNING. Thence run S 2 27'40" W for 60 feet; thence run N 87 32'20"
W for 100 feet; thence run N 2 27'40" E for 60 feet; thence run S 87 32'20" E, for 100
feet to the POINT OF BEGINNING
(the "Property"); and
BE IT FURTHER RESOLVED, that the Board hereby approves a variance from LDC
subsection 4.02.14.C.4, to allow dredging and filling of 139.4 square feet of mangroves on the
Property, consistent with the Site Plan attached hereto as Exhibit A, as requested in Petition VA-
2008-AR- 13756, filed by Lauren Barber of Turrell, Hall & Associates, Inc., on behalf of Lee
Wyatt, as Trustee of the Lee Wyatt Trust #2.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
VA- 2008 -AR -13756 be recorded in the minutes of this Board.
Page 2 of 3
I l7A
This Resolution adopted after motion, second and majority vote, this day of
, 2009.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
M
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeff E. Wright
Assistant County Attorney
Exhibit A (attached): Site Plan
li
Page 3 of 3
DONNA FIALA, CHAIRMAN
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17A
ACCOUNT #068779
February 3, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: VA- 2008 -AR- 13756: Plantation Island Variance
Dear Legals:
Please advertise the above referenced notice on Sunday, February 8, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
I?A
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, February 24, 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. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- 2008 -AR-
13756, GRANTING TWO VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION 4.02.0l.A, TABLE
2.1 (FRONT YARD SETBACKS), AND THE SECOND BEING FROM
SUBSECTION 4.02.14.C.4 OF THE LAND DEVELOPMENT CODE (MANGROVE
TREES), ON PROPERTY HEREINAFTER DESCRIBED IN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
Petition: VA- 2008 -AR- 13756, Lee Wyatt, represented by Lauren
Barber of Turrell and Associates, is requesting a front yard
setback Variance for principal structures in the Mobile Home (MH)
Zoning District from 25 feet to 16 feet, as required by Land
Development Code (LDC) Section 4.02.01, Setbacks for Base Zoning
Districts, to permit a nine -foot setback; and a site alteration
Variance to impact mangroves, pursuant to LDC Subsection
9.04.02.B.1. The approximately 0.14 -acre subject property is
located on Lot 77, Otter Avenue, in Plantation Island, of Section
24, Township 53 South, Range 29 East, 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.
47A
If you are a person with 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: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
February 2, 2009
Lauren Barber
County 6 f- 66"llier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101 -3044
Turrell, Hall & Associates, Inc.
3584 Exchange Avenue
Naples, FL 34104
RE: VA- 2008 -AR- 13756; Plantation Island Variance
Dear Petitioner:
17 A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, February 24, 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 8, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
& 't �•L.
Ann Jennej� .
Deputy Clerk
Enclosure
Phone(239)252 -2646 Fax(239)252 -2755
Website: www.collierelerk.com Email: collierclerk @collierclerk.com
Coupf - 0 Collier 4 7 A
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY COURTHOUSE
g 3301 TAMIAMI TRAIL EAST Clerk of Courts
Clerk of Courts P.O. BOX 413044 Accountant
NAPLES, FLORIDA 14101-3044 Auditor
Custodian of County Funds
February 2, 2009 " -'
Lee Wyatt
2370 Snook Drive
Naples, FL 34102
RE: VA- 2008 -AR- 13756; Plantation Island Variance
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, February 24, 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 8, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Q Jen t''
Ann Jennejo , �
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email collierclerk @collierelerk.com
Ann P. Jennejohn
17A
To: legals @naplesnews.com
Subject: VA- 2008 -AR -13756 Plantation Island Variance
Attachments: VA- 2008- AR- 13756.doc; VA- 2008- AR- 13756.doc
Good Morning,
Please advertise the attached on Sunday, February 8, 2009.
VA- 2008 -AR -13756 VA- 2008 -AR -13756
Thank you, .doc (29 KB) .doc (30 KB)
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennejohn@collierclerk.com
Ann P. Jennejohn 17
From: postmaster @collierclerk.com
Sent: Tuesday, February 03, 2009 7:59 AM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT00716.txt; VA- 2008 -AR -13756 Plantation Island Variance
F-7,1
A-rT00716.txt(231 VA- 2008 -AR -13756
B) Plantation Is...
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
VA- 2008 -AR -13756 Plantation Island Variance Page 1 of l
.,
Ann P. Jennejohn 17
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Tuesday, February 03, 2009 8:19 AM
To: Ann P. Jennejohn
Subject: RE: VA- 2008 -AR -13756 Plantation Island Variance
ok
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Posted At: Tuesday, February 03, 2009 7:59 AM
Posted To: Legals - NDN
Conversation: VA- 2008 -AR -13756 Plantation Island Variance
Subject: VA- 2008 -AR -13756 Plantation Island Variance
Good Morning,
Please advertise the attached on Sunday, February 8, 2009.
Thank you, «VA- 2008- AR- 1 3756.doc>> «VA- 2008- AR- 1 3756.doc>>
Ann Jennejohn
Clerk to the Board
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.jennejohn@collierclerk.com
Under Florida Law, e -mail addresses are public records. Ifyou do not wantyour 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.
2/3/2009
Ann P. Jennejohn 1 / A S 9
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Tuesday, February 03, 2009 10:23 AM
To: Ann P.Jennejohn
Subject: Ad Confirmation
Attachments: UAS29.jpg
A
UAS29.jpg (93 KB)
ETITION:VA- 2008 -AR -13756
Pub. Date: Feb. 8
Total Ad Cost $447.14
Ad Number 1775059
Thank you for placing your ad.
Emely
213 -6061
1
NOTICE OF PUBLIC HEARING
is hereby given that the Board of
oners, as the Board of Zoning App
unty will hold a public hearing o
iary 24.2009. In the Boardroom. 3r
;,at 9;00 A,M.
as follows:
Or
ONING
RIDA,
VARIANCES
Petition: VA- 7008 -AR- 13756, Lee Wyatt, repre-
sented by Lauren Barber of Tun-oil and Associates,
is requesting a front yard setback Variance for
princlpal structures In the Mobile Home (MH) Zon-
ing District from 25 feet to 16 feet, as required by
Land Development Code (LDC) Section 4.02.01, Set-
backs for Base Zoning Districts, to permit a nine -
foot setback; and a site alteration Variance to im-
pact mangroves, pursuant to LOG Subsection
3.04.02.5.1. The approximately 0.14 acre subject
property is located on Lot 77, Otter Avenue, in
Plantation Island, of Section 24, Township 53 South,
Rai tpe 7.9 East, Collier County. Florida.
NOTE: All Persons wishing to speak on any
agenda item must register with the County Admin-
istrator 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 individu-
al to speak on behalf of an organization or group is
encouraged. If recognized by the Chair, a spokes-
person for a group or organization may be allotted
10 minutes to speak on ail item.
Persons wishing to have written or graphic ma-
terials 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 m inimum 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 decides to appeal adecision of
the Board will need a record of the proceedings
pertaining thereto and therefore, may need to en-
sure that 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 disability who needs
any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to
the provision of cyertain assistance. Please contact
the Collier County Facilities Management Depart-
Building NaP estFlocda334112, (739)252 -8380* Assisted
listening devices for the hearing Impaired are avail-
able in the County Commissioners` Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By. Ann Jennejohn, Deputy Clerl<
17A
Naples Daily News
Naples, FL 34102
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 4500096189
59558195 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: 02/08 02/08
AD SPACE: 158.000 INCH
FILED ON: 02/09/09
--- - - - - -- --�i
Signature of Affiant
17A
----------------------- -
---------------------
(1 altg 6 Aciq<-
/ /) -6v
Sworn to and Subscribed before me this _ day of jiLk),W n�20 G6
Personally known by me
Commission DD 650475
Expires June 29, 2011
6o id" TN ',F,I11 11, ceYl 1'� d018
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #1 through 94, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1. D
Slt `lA\ ,��,tCa{�'nvu j�rlrorly
e,%ES 14dMi�is'�(�.,�Dh
(Initial)
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2.
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Date Item was
c
3.
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Approved by the BCC
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
�'K�
5. Sue Filson, Executive Manager
Board of County Commissioners
Attached
(i
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC 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 BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
r
A
Phone Number
Contact
(Initial)
1 )
C
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Date Item was
c
Agenda Item Number
I ��
Approved by the BCC
by the Office of the County Attorney. This includes signature pages from ordinances,
Type of Document
�'K�
Number of Original
rJ
7
Attached
(i
Documents Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
INSTRUCTIONS & CHECKLIST
I Forms/ County Fonns/ BCC Forms/Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
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signed by the Chairman, with the exception of most letters, must be reviewed and signedfi)
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
Chairman and Clerk to the Board and possibly State Officials.)
2.
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
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document or the final negotiated contract date whichever is applicable.
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"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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In most cases (some contracts are an exception), the original document and this routing slip
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Some documents are time sensitive and require forwarding to Tallahassee within a certain
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,
County Attorney's Office has reviewed the changes, if applicable.
I Forms/ County Fonns/ BCC Forms/Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: February 27, 2009
To: John -David Moss, Principal Planner
Zoning and Land Development Review
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009 -41: VA- 2008 -AR -13756
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #17A), which was adopted by the Board of County
Commissioners on Tuesday, February 24, 2009.
If you have any questions, please call me at 252 -8411.
Thank you.
Enclosure
RESOLUTION NO. 09- 41
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA- 2008 -AR- 13756, GRANTING TWO
VARIANCES FROM THE LAND DEVELOPMENT CODE,
THE FIRST BEING A VARIANCE FROM SUBSECTION
4.02.0LA, TABLE 2.1 (FRONT YARD SETBACKS), AND THE
SECOND BEING FROM SUBSECTION 4.02.14.C.4 OF THE
LAND DEVELOPMENT CODE (MANGROVE TREES), ON
PROPERTY HEREINAFTER DESCRIBED IN SECTION 24,
TOWNSHIP 53 SOUTH, RANGE 29 EAST, 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 No. 04 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner has requested a front yard setback variance from subsection
4.02.0LA, Table 2.1, of the LDC, from 25 feet to 16 feet (i.e., a 9 -foot variance), pursuant to
LDC Section 9.04.00, for construction of a single - family stilt home; and
WHEREAS, Petitioner has also requested a variance from subsection 4.02.14.C.4 of the
LDC, pursuant to subsection 9.04.02.B.1 thereof, to allow dredging and filling of, and related
impacts to, 139.4 square feet of mangroves, on a single lot within Unit Three of the Plantation
Island Subdivision (unrecorded), utilizing the procedure set forth in section 9.04.03 of the LDC;
and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
Pagel of 3
17q
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the LDC; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in properly noticed public meeting, and the Board has considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC
subsection 4.02.0LA, Table 2.1, to decrease the 25 -foot front yard setback requirement to 16
feet (i.e., a 9 -foot variance), for construction of single - family stilt home on property described
sx�
Lot 77 of Unrecorded Plat of Plantation Island Mobile Home Sites, Unit No. 3, located
in Section 24, Township 53 South, Range 29 East; from the Northwest corner of Section
24, Township 53 South, Range 29 East Collier County, Florida run, S87 32'20" E, along
the North line of said Section 24, for 467.98 feet; thence run S2 27'40" W, for 210.00
feet; thence run S87 32'20" E for 980 feet; thence run S2 27'40" W for 130 feet to the
POINT OF BEGINNING. Thence run S 2 27'40" W for 60 feet; thence run N 87 32'20"
W for 100 feet; thence run N 2 27'40" E for 60 feet; thence run S 87 32'20" E, for 100
feet to the POINT OF BEGINNING
(the "Property"); and
BE IT FURTHER RESOLVED, that the Board hereby approves a variance from LDC
subsection 4.02.14.C.4, to allow dredging and filling of 139.4 square feet of mangroves on the
Property, consistent with the Site Plan attached hereto as Exhibit A, as requested in Petition VA-
2008-AR- 13756, filed by Lauren Barber of Turrell, Hall & Associates, Inc., on behalf of Lee
Wyatt, as Trustee of the Lee Wyatt Trust #2.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
VA- 2008 -AR -13756 be recorded in the minutes of this Board.
Page 2 of 3
This Resolution adopted after motion, second and majority vote, this day of
Fekrmi 12009.
ATTEST:
DWIGJ t..�OOCK, Clerk
B
t;`asl to 0a*i Wisty Clerk
signature 6als
Approved as to form
and legal sufficiency:
Je Wright
E y t
Assistant County Attorney
Exhibit A (attached): Site Plan
BOARD OF ZONING APPEALS
COLLIER fZLORIDA
By: C; U
DONNA FIALA, CHAIRMAN
Page 3 of 3
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