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Resolution 2001-158 16A12 RESOLUTION NO. 01-158 RESOLUTION RECOGNIZING AS LOTS OF RECORD OR NONCONFORMING LOTS OF RECORD, THE CURRENT LOT CONFIGURATION IN TRAIL ACRES UNIT 3, FOR THOSE LOTS PREVIOUSLY PLATTED IN PLAT BOOK 3, PAGE 94, FORMERLY KNOWN AS LOTS 17 THROUGH 36, BLOCK 1; LOTS 33 THROUGH 81, BLOCK 2; AND LOTS 17 THROUGH 45, BLOCK 3. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 6, 1951, approved the vacation of only the above-stated Lots, without affecting the remaining adjacent platted rights-of-way; and WHEREAS, seventeen of the vacated Lots (Lots 17 through 23 Block One, and Lots 33,36,37,40,41,44,45,48,52, and 55 Block Two) were subsequently replatted as fifty foot (50') wide lots in March, 1966 as Trail Acres Unit Four, found at Plat Book 7, Page 103; and WHEREAS, these Lots have since been resold over the ensuing years in varying configurations without a further subdivision plat ever having been filed or approved; and WHEREAS, all of the fifty-three lots (as currently configured) are listed on the attached Exhibit "A," and the lots are grouped into their current configuration as either fifty foot wide lots or seventy foot wide lots on each of the two adjacent streets where the lots are located, and the lots are also cross-referenced as to each lot's Folio Number and STRAP Number; and WHEREAS, the width of forty of the fifty-three lots is seventy feet (70') or more (identified hereafter and in Exhibit "A" simply as seventy foot lots), and as a result, these lots all comply with the minimum requirements for lot dimensions and area for the RSF-4 Zoning District where all fifty-three of the lots are located; and WHEREAS, pursuant to Section 3.2.4.9 of the Collier County Land Development Code (OLDC"), the forty seventy foot (70') wide, proper1y-sized lots comprise a "prior subdivision" and are therefore exempt from the LDC's current platting requirements, and these lots otherwise comply with the definition for "Lot of Record" status set forth in LDC Section 6.3; and WHEREAS, the width of the thirteen other lots is fifty feet (50') and either the deed creating a lot was recorded prior to November 13,1991, so as to comply with the definition for "Lot of Record, Non-conforming" status set forth in LDC Section 6.3; or a residential unit has been constructed on the lot, or both; and WHEREAS, each of the lots, as currently configured, was assessed in May, 1992 for sewer improvements to the lots that were constructed by the County; and WHEREAS, representatives of the Planning Services Department and the County Attorney's Office have determined that filing a subdivision plat for the previously vacated lots is no longer required or is not a practical alternative given that the lots are held by individual property owners; and WHEREAS, the current configuration of fifty-three lots comprises a total area of 15.48 acres which, assuming one dwelling unit per lot, equates to a gross density of only 3.49 dwelling units per acre; and WHEREAS, the lots are located in an area designated on the Future Land Use Element of the Growth Management Plan as an Urban Coastal Fringe Sub-district which has a maximum residential density of four dwelling units per acre, and WHEREAS, these properties and the RSF-4 zoning on these lots was previously determined to be consistent with the Growth Management Plan via Policy 5.9 of the Future Land Use Element; and Eiaer: ;:::1!!I1:Il~ =~:cI Sil ..I iiI i ~I ;:;11 =-- ~ .... -..:a l!:-i~ ::: 0 0-. ~e~ ;IE 0 = :::ICJ ...=.. !l a ....., ~ ca CJC) -.. ...... B;'- ~ ::: cg n... ~= .. =I~ - ~ :s !!R ... =::1 - "" ... - 00 -- 16A12 OR: 2814 PG: 0744 WHEREAS, the configuration of the current lots does not exceed the allowable density for either the corresponding land use designation or zoning district; and WHEREAS, recognizing the forty (40) seventy foot (70') wide lots as they are currently configured as "Lots of Record" and the thirteen (13) fifty foot (50') wide lots as they are currently configured as "Non-conforming Lots of Record" under the LDC would not result in an increase to either the density or the intensity of their use or development, and would be in the best interest of the public; and WHEREAS, recognizing the thirteen (13) fifty foot (50') wide lots as Non- conforming Lots of Record would not be inconsistent with the Intent provisions set forth in LDC s. 1.8.1.1.; and WHEREAS, not recognizing the existing lots (Le., as they are currently configured and appear on Exhibit "B") as either Lots of Record or Non-conforming Lots of Record which otherwise comply with current LDC and Comprehensive Plan requirements would be inequitable, especially where the lot owners have made payments for improvements provided to their lots in reliance on their individual lot's configuration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The current lots, as listed on Exhibit "A," and as depicted on attached Exhibit "B," are hereby recognized in their present configurations, and as such, each such lot listed on Exhibit A as: 1) a seventy foot (70') wide (or actually greater) lot hereby constitutes a "Lot of Record," as that term is defined in LDC Section 6.3, and this status will control whenever any development permits or building permits may be requested for such lots; and 2) a fifty foot (50') wide lot hereby constitutes a "Non-conforming Lot of Record" as that term is defined in LDC Section 6.3, this status, as well as any conforming aspect of each such lot's actual configuration, will control whenever any development permits or building permits may be requested for such lots, subject to the provisions of LDC s. 1.8.2. A. BE IT FURTHER RESOLVED AND ORDERED that this Resolution be recorded in the Public Records of Collier County, and that the Clerk of the Board make a marginal notation of the Official Record Book and Page numbers where this Resolution has been recorded in the publiC record for the plats of Trail Acres Unit Three, found at Plat Book 3, Page 94, and Trail Acres Unit Four, found at Plat Book 7, Page 103, so that the effect of this Resolution may be made better known. This Resolution adopted after motion, second and majority vote favoring same. . APR 2 4 lUIl1 DATE: ". : . ATTEST: " DWIGHT E. SROCK, CLERK ~4~,.,*",- ~(J OeputyClerk Attest as to Chairman's stgAlture 001.1. A proved as to form and legal su iey ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORID 16 A12 OR: 2814 PG: 0745 The folio Numbers and STRAP Numbers for the 50 fool Lots. bv street where located are: Folio # STRAP # Porter Street: 441400007 440840008 440240006 441200003 446160009 502632007.029 502632007.015 502632 007.000 502632007.017 502632123.000 Benson Street: 441360008 440560003 440520001 440480002 440600002 446800000 441280007 441120002 502632007.028 502632 007.008 502632007.007 502632007.006 502632007.009 502632 139.000 502632007.026 502632 007.022 2 OF 2 EXHIBIT "A" Previously Platted Lots from TRAIL ACRES UNIT 3- AS CURRENTLY CONFIGURED Folio # The Folio #'s for 70' Lot properties. by street where located: STRAP # Porter Street: 00440880000 00441400007 00446760001 00440360009 00441320006 00440800006 00446200008 00446240000 00446280002 00441000009 00446320001 00446360003 00446400002 00441080003 00446480006 00446440004 00446520005 00446120007 00446000004 00445960006 00445920004 00446040006 00446640008 00446680000 00446560007 00446080008 00446600006 00441240005 00446720009 00440960001 00440440000 00440920009 Benson Street: 00440280008 00441440009 00440680006 00440400008 00440640004 00440720005 00440760007 00441160004 502632007.016 502632 007.029 502632 138.000 502632007.000 502632 007.027 502632 007.014 502632 124.000 502632 125.000 502632 126.000 502632007.019 502632 127.000 502632 128.000 502632 129.000 502632 007.021 502632 131.000 502632 130.000 502632 132.000 502632122.000 502632 119.000 502632118.000 502632117.000 502632120.000 502632 135.000 502632 136.000 502632133.000 502632 121.000 502632134.000 502632007.025 502632137.000 502632007.018 502632 007.005 502632007.017 502632007.001 502632 007.030 502632007.011 502632007.004 502632007.010 502632007.012 502632007.013 502632007.023 1 OF 2 OR: 2814 PG: 0746 l~Al' - !@!j Exh'b 1 it "B" ttt 0 R: 2814 PG: 0747 ttt 16 A12 !i8 @]. . -..j . . . .... . o . 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