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Resolution 1998-055 '- 13A-2 RESOLUTION NO. 98-~ RELATING TO PETITION NUMBER V-97-1S, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 12S. 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) 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 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 a O.S-foot after-the-fact variance from the required 30 foot side yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after-the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet: and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet as shown on the attached plot plan, Exhibit "A", in an RSF-1 zone 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: -1- 13A - 2 The Petition V-97-lS filed by Kenneth D. Goodman, representing Lana S. Chadwick, with respect to the property hereinafter described as: Lot 14, Block L, Pine Ridge Extension, as recorded in Plat Book 3, Page 51, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 0.5 foot after-the-fact variance from the required 30 footsl~e yard setback for the principal structure, along the south property line to 29.5 feet; a 4.0 foot after- the-fact variance from the required 30 foot side yard setback for an accessory structure, along the south property line to 26 feet; a 13.3 foot after-the-fact variance from the required 30 foot side yard setback for a tennis court along the north property line, to 16.7 feet; and a 2.0 foot after-the-fact variance from the required structure-to-structure setback of 10 feet for the separation between the principal structure and a tennis court, to 8 feet, as shown on the attached plot plan, Exhibit "A", of the RSF-1 zoning district wherein said property is located, subject to the following conditions: A. This variance is for the encroachments depicted in Exhibit "A", with the exception of the shed, only. Any other encroachment shall require a separate variance. B. In the case of destruction of the encroaching structures, 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, 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-97-15 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,,-~,'7/ day of /;:~LULA ,~ , .,- / ' ,/ , 1998. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA :l ~ A..;*.e~...e.,,~;- .,' ,../. /i / ' , . . , ., ,... /' ~~~ BA B. BER Y, ai Approved as to Form and Legal Sufficiency: "YYI~ Ir). ~.~ Marj le M. Student Assistant County Attorney fl './_,!1_:~. ~F.~(Jt.::-:,,~; -2- rr;::J , / , / ! ! i al I ~I I ~I I '~1 1 'OOHO I e j ~ ~: TJQ1"~ :lo.' ..../ I Q:; ; - '=l I . ~~ I : 11:'....., ll't . oa:Li ,:II e~ f I f ,~, tif ! ~ ,~ f " ti / I , / / , / . PWo.E'" I l:1JY I 'CUNO / 1J8~ I I 13A - 2 LOT 15 ( ccc.:Jlllm) II " rClJHO "~\jE"tT SB9'::9'2J.~ , . -J QJ'I' ,...- -a...-_~--- - _ _ _ _...;_ r 1 '!l D.E. 4" I OWN FENCE '... I : l::l ~ I!! . F'DJHO ~ b 2~O.O'(P&C) .. LOT 14 !Il..00c ~ ..I' CAS I at =~ . !: ~ ~.... ;jl ~J .~~ Qi ~~ LOT 13 ~ . i1 I ~ 1~ ~ >> l I, i~ Ii .f it :::cc.:Plm) ...... rOUNO 01.0 CAP Site maD Wllt1 encroad'lmenUl CIrcled EXHIOIT "^"