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Agenda 03/11/2008 Item #16K 2 Agenda Item No. 16K2 March 11, 2008 Page 1 of 5 EXECUTIVE SUMMARY A recommendation that the Board of County Commissioners adopt a Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require Type B landscape buffering for any accessory structure under active construction as of February 26, 2008. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its Chairman to sign, the attached Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require Type B landscape buffering for accessory structures under active construction as of February 26, 2008. CONSIDERATIONS: At its February 26, 2008 Regular Meeting, the Board received a report from the Director of Zoning and Land Development Review relating to setback requirements for accessory structures with the Estates (E) Zoning District. The Land Development Code (LDC) requires that accessory structures be set back a minimum of 75 feet from the rear property line, however, since the early 1980's there has been an unwritten "policy" to apply a 10- foot rear yard setback in the Estates Zoning District. The Board directed this office to prepare a Resolution directing the County Manager, or designee, to apply the setback requirements in the Estates (E) Zoning District in the following manner until such time as the Land Development Code is amended accordingly: A. The seventy-five (75) foot rear yard setback for accessory structures in the Estates (E) Zoning District shall apply to all accessory structures which may be constructed after February 26, 2008, and which have not been issued a building permit as of February 26, 2008, B. All accessory structures in the Estates (E) Zoning District, which structures were issued a Certificate of Occupancy (CO) prior to February 26, 2008, shall be considered legal, nonconforming structures. C. All accessory structures in the Estates (E) Zoning District for which a building permit has been issued and that are under active construction as of February 26, 2008, may proceed with construction utilizing the ten (10) foot rear yard setback, Type B Landscape Buffer, as to vegetative requirements only, must be installed between the accessory structure and the rear property line, FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. Agenda Item No. 16K2 March 11, 2008 Page 2 of 5 LEGAL CONSIDERATIONS: The proposed Resolution was drafted by the Office of the County Attorney and is legally sufficient for Board action, STAFF RECOMMENDATION: That the Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee, to apply the seventy-five (75) foot rear yard setback requirement, to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require Type B landscape buffering for accessory structures under active construction as of February 26, 2008. PREPARED BY: Jeffrey A. Klatzkow, Chief Assistant County Attorney Page I of I Agenda Item No. 16K2 March 11, 2008 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K2 A recommendation that the Board of County Commissioners adopt a Resolution relating to accessory structures in the Estates (E) Zoning District, which directs the County Manager, or designee. to apply the seventy~five (75) foot rear yard setback requirement to designate any accessory structure that has received a Certificate of Occupancy prior to February 26, 2008, as legal nonconforming, and to require Type B landscape buffering for any accessory structure under active construction as of February 26, 2008. Meeting Date: 3/11/2008 900:00 AM Prepared By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/28/2008 3:34:58 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 2/28/20084:16 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/28/20084:38 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/29/20088:59 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/29/200810:55 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/3/2008 11 :55 AM file://C:\AgendaTest\Export\1 02-March%2011 ,%202008\16.%20CONSENT%20AGENDA\I... 3/5/2008 RESOLUTION NO, 08 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THE COUNTY MANAGER OR DESIGNEE TO APPLY THE SEVENTY-FIVE (75) FOOT REAR YARD SETBACK FOR ACCESSORY STRUCTURES FOR THE ESTATES WNING DISTRICT; PROVIDING FOR NONCONFORMING ACCESSORY STRUCTURES; REQUIRING BUFFERING FOR ACCESSORY STRUCTURES UNDER CONSTRUCTION; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Zoning Director-has opined that prior to 1991, there were conflicting provisions in the Zoning Ordinance (Ord. No. 82-2, as amended) concerning rear yard setbacks for accessory structures in the Estates (E) Zoning District; and WHEREAS, the Collier Count Land Development Code (LDC) since 1991 has required and still requires a seventy-five (75) foot rear yard setback for accessory structures in the Estates (E) Zaning District; and WHEREAS, since the early 1980's, there has been an historic departure in the application of this rear yard setback requirement, with staff applying a ten (10) foot rear yard setback for accessory structures in the Estates (E) Zoning District; and WHEREAS, the LDC was never amended to reflect staff's application of the ten (10) faat re<If yard setback for accessory structures in the Estates (E) Zaning District; and 'NHEREAS, a recent Code Enforcement complaint concerning BIl accessory structure has brought this historic staff policy to the attention of the Zoning and Land Development Review staff; and WHEREAS, on February 26, 2008, staff has brought this matter to the Board of County Commissioners faT direction as to the application of the rear yard setback faT accessory structures in the Estates (E) Zoning District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: 1. The County manager. or designee, is hereby directed to apply the setbacks for accessory Structures in the Estates (E) Zoning District until such rime as the Land Development Code is clarified as follows: Page 1 af2 Agenda Item No. 16K2 March 11, 2008 Page 4 of 5 A. The sevcnty~five (75) foot rear yard setbaclc for accessory structure in the Estates (E) Zoning District shall apply ta all accessory sttucturcs which may .be constructed after FebruaI"'f 26, 2008, and which have not been issued a building permit as of February 26,2008. B. All accessory struCtures in the Estates (E) Zoning District, which stl'Uctures were issued a Certificate of Occupancy (CO) prior to Febmary 26, 2008, shall be considered legal, nonconforming structures. C. All accessory structures in the Est3les (E) Zoning District for which a building permit has been issued and that are under active construction as of February 26, 2008. may proceed with construction utilizing the ten (10) foot rear yard setback. Type B Landscape Buffer. as to vegetative requirements only, must he installed between the accessory structure and the rear property line. BE IT FURTHER RESOLVED that this Rcs<>lution shall take effect as of February 26, 2008, THIS RESOLUTION ADOPTED after motion, second and majority vote favoring S1lme, this day of 2008. ATl'EST: DWIGHT E, BROCK. CLERK BOARD OF COUNTY COMMJSSIONERS COllIER COUNTY, FLORIDA By; By: TOM HENNING, CHAIRMAN , Deputy Clerk A proved as to form Ie ci ncy: Page 2 of2 Agenda Item No. 16K2 March 11, 2008 Page 5 of 5