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Backup Documents 12/16/2008 Item # 7B 117911 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,) *kk*kk***kk*********************************************~***************************************** Originating Deptl Div: CDES.lZonln. Person: Kay Deselem. AICP\:bl Date: /1.3' Off Petition No. (If none, give brief description): V A~2006~AR~ 11064, Moraya Bay Beach Club Petitioner: (Name & Address): Mr. Richard Yovanovich, Goodlette, Coleman & Johnson, 4001 Tamiami Trail N., #300, Naples, FI 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) VI Partners, LTD, 800 Laurel Oak Drive, #300, Naples, FL 34108; Collier County Parks & Recreation, 3300 Santa Barbara Blvd., Naples, FL 34116 Hearing before BCC BZA Other Requested Hearing date: December 2. 2008 Based on advertisement appearing IS davs 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: V A-2006~AR~ 11 064, VI Partners, L TD and Collier County Parlu and Recreation, represented by Richard Yovanovich of Goodlette, Coleman & Johnson requesting variances for a trellis structure as specified in Section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a property in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as follows: 1) from the required 45 feet for the trellis to the principal residential structure, to allow 25 feet; and 2) from the required 50 percent of the building height but not less than 30 feet for the trellis to north propel1y line, to allow 10 feet; and 3) from the required 50 percent of the building height but not less than J 5 feet for the trellis to the public restroom building, to allow 10 feet. The subject property, consisting of 5.14::1:: acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, 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: Account Number: 068779 ~ ~') ~oo"i~l~q ~ List Attachments: DISTRIBUTION INSTRUCTI~ 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 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 OFFICE USE ONLY: Date Received: ~ Date 01 Public hearing: ~ Date Advertised: ~/~ I7rei RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA-2006-AR-ll064 REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF mE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN 1HE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND 1HE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND 1HE PRlNCIP AL RESIDENTIAL STRUC11JRE FROM THE REQUIRED Y:. THE SUM OF THE TWO BUILDINGS TO ALLOW A 25 FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT-OF-WAY); FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEE1); AND 3) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG mE EASTERN PROPERTY LINE (ALONG BLUEBILL AVENUE) STRUC11JRE FROM THE REQUIRED y, THE SUM OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN mE RESIDENTIAL TOURIST (R1) WNING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (YBRTO), LOCATED AT I I 125 GULF SHORE DRNE ON SOUTHWEST CORNER OF GULF SHORE DRIVE AND BLUEBILL A VENUE 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 (LDe) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of the CoIlier County Land Development Code (LDe) for a property in the residential tourist (RT) zoning Revised 9/17/08 - VA-2006-AR-l1064 (HFAC) Page I of3 78_1 district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building separation distance: between the trellis and the principal residential structure from the required y, the sum of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required V, the sum of the two buildings to allow a 10 fopt separation distance (a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached site plans, Exhibit "A," for the property hereinafter described in Exhibit "B," 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 Subsection 9.04.00 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: The Petition V A-2004-AR-ll 064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. represerAing VI Ltd. Limited Partnership, successor by merger to VI Partnership Ltd., with respect to the property hereinafter described in Exhibit "B" be and the same hereby is approved for]) bnilding separation distance: between the trellis and the principal residential structure from the required V, the sum of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet): and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required V, the sum of the two buildings to allow a ]0 foot separation distance.(a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Revised 9/17108, VA-2006,AR,11064 (HFAC) Page 2 of3 "'78 -~ Zoning District and the Vanderbilt Beach Residential Tomist Overlay District (VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit "C." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2006-AR- 11064 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TOM HENNING, Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Assistant County Attorney .,.p:":,,\ (f;) Attachments: Exhibit A: Site Plans Exhibit B: Legal Description Exhibit C: Conditions of Approval Revised 9/17/08 - V A-2006-AR-l1064 (HF AC) Page 3 of3 ..........-......_~ _......I{,_.'" '"....-- '18 itit;1 t::,.,.,,3:' <: ~;:3o> ~~s.'i: sn,<O ~;:;>~ ~g~~ go<= g~~ -~> "wg '" .. " i g~ A ii:!b II ,n,!,[ II I (!fllf II~! !!!i11':: l!~il!! \..\ lurf !.f .:,1 :It!l 'l. ~ !i!! ~____----/----/~------------- ~, _~_- _/ \ ~ -0 " _ _ ~;~=~_~- -""=--ttTt~"~/ ~r;t~nl'I::::::::::::::::::~"( " /i11f:-'--" II ~ i" I' ' II f:l '. 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'- <:..J "' <: ~ :3; Q:: ~ a (.') <: <;, --- i Q:: ~ --- , ~ <l E 8 a R ~ Q:: ~ ~ -g S2 Cl. .2 .~ <:..J ~ OJ '" i---:: Lu V; It.. a -.J --- ... ~ :> 00 ~ Lu ~@ ~ r-- CJ '3 ~ ~ :I: ;:0 U",Q <:g <9 ...r.10 :gt:Q~ ....;.."" ....-(<000 ~ ' 00 ~i<lN~ <~8 -.b>O:U\O g;:;e;~ "'0 0 E-< <:s~< :>- p.,Q , ~..::;. u., ~ ~ '0078 <J:IM01 01 S1773&l >I[)V813S ..< e ~ ;; ~ .2 .~ '" . !:: .~:~. " \ ;. ~ '- .- '" o. ~. '- " 'i "' , .- " i 0: 0 ~ 0 " ,'. .<r, 'i 'i ~~. " <r,'" .-.-. f . '" . t;j ,. , ~ ~ ",,; .' Exhibit A Page 2 of2 d04-.,...""" ~"c.... """,~",.,~ '<;.._ "781~ 1781 LEGAL DESCRIYfION ("SCHEDULE A" CHICAGO' TITLE INSURANCE COMPANY, COMMITMENT No. 24040B575. OATED 11/0B/04.) LOT 6, AND THE NORTH 100.00 FEET OF LOT 5, BLOCK A, BAKER CARROLL POINT, UNIT NO.2 AS RECORDED IN PLAT BOOK 8. PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: " BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6, RUN SOUTH 14'49'20" EAsr 362.09 FEET ALONG THE \\EST RIGHT Of WAY LINE OF GULF SHORE . DRIVE THENCE NORrH 89'52'20" II{:ST 5BO FEET MORE .OR LESS, TO THE MEAN HIGH WATER LINE OF THE CUL, OF MEXICO; THENCE .NORTHERL Y 400 fEET. '.. MORE OR LESS, ALONG SAID MEAN HIGH WATER LiNE TO THE NORTH' LINE Of .SECTION 29 TOWNSHIP 4B SOUTH, RANGE 25 EAST, THENCE SOUTH 89'52'20' . . EAsr. 365 FEET, MORE OR LESS, ALONG SAID SECTION LINE TO THE WEST RIGHr OF WAY LINE OF STATE ROAD S-B4B. T!"ENCE SOU14 14'49'20" E, 41.40. FEET ALONG SAID II{:ST RIGHT OF WAY LINE; THENCE 50U1I1 B9'52'20" EAsr, 217.29 FEET ALONG THE SOUTH RIGHT OF WA.Y LINE OF SAID STATE ROAD TO THE POINT OF BEGiNNING. .. PER "EXHIBIT B, SECTION 2", CHICAGO 'TI.TL~ INSURANCE. COMPANY. COMMITMEN~ No. 24040B575. OATEO 11/08/04.. THE PROPERTY SURVEYED HEREON IS SUBJECT TO THE FOLLOWiNG MATTERS OF RECORD, ['U] INDICATES EXCEPTION NUMBER ['5] MATTERS SHOWN ON THE PLAr Of BAKER-CARROLL POINT UNIT NO, 2. A SUBDIVISION RECOROED IN PLAT BOOK B.. PAGE B2, PUBLIC RECORDS 0, COLLIER COUNTY, FLORIOA. (DEPICTEO HEREm-i). . . . ['6] LICENSE AGREEMENT RECORDED IN OFFICIAL RECOROS BOOK 1724, PAGE. 14, PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) ['7] LICENSE AGREEMENT. RECORDED IN OFFICIAL RECORDS BOOK 1724. PAGE 21, PUBUC RECORDS OF COlliER COUNTY, FLORIOA. (NO! POSSIBLE TO PLOT) ['8] LICENSE AGREEMENT RECORDED IN OFFlCIAL RECOR.oS BOOK 1724, PAGE 28, PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. (NOT POSSIBLE TO PLDT) {'9] TEMPORARY BEACH R.EsrORATlON EASEMENT GRANTED TO COLLIER COUNTY BY INSlRUMENT RECORDED IN OFFICIAL RECORDS BOOK 2D89, PAGE 1560, PUBLIC RECORDS. OF COLLIER COUN TY, FLORIDA.' (NOT POSSIBLE TO ~~ . ['lDJ TEMPORARY BEACH RESTORATION EASEMENT GRANTED TO COLLIER GDUNIY BY INSTRUMENT RECOROED IN OFFICIAL RECORDS' BOOK 3634, PAGE 1560, PUBLIC RECOROS Of COLLIER COUNTY, FLORIDA. (HOT POSSIBLE TO PLOT) ('15J COASTAL CONSTRUCTION SETBACK LINE. CREATEO PURS\!ANT TO FLORIOA srATUTE 161.053. AS SHOWN IN COASTAL SETBACK LINE BOOK 1. PAGES 1 THROUGH 69. PUBLIC RECOROS Of COlLIER COUNTY, FLORIDA. (DEPICTEO HEREON) ('16] LEASE BETWEEN VANDERBILT BEACH ASSOCIATION. LTD. AND AMERIVEND' CORPORATION OATED JANUARY 7. 1998 AS DISCLOSEO BY THAT MEMORANDUM OF LEASE RECORDED IN OFFICIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC RECORDS OF COlLIER COUNTY. FLORIOA. (NOT POSSIBLE TO PLOT) . EXHIBIT B ~"'III CONDITIONS OF APPROVAL V A-2006-AR-l1064 The foregoing variance petition approval is subject to the following condition: The variances granted are limited to what is depicted and limited and more particularly described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008. Revised 7/28/08 EXHIBIT C Page 1 of 1 ~'~7 8 ~i Teresa L. Polaski From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Wednesday. November 05. 2008 10: 15 AM To; Minutes and Records Subject: VA-2006,AR-11064 Adverlising Attachments: V A-2006-AR-11 064 Legal Ad .pdt; V A-2006-AR-11 064 Resolution .pdt Here is another petition for advertising for the December 2nd BCC. Please make sure to use the Zoning account number: 068779. Also, there is another petition following that has the same title but a totally different petition number. Please make sure that they both get advertised. There were some NDN issues with the advertising for CCPC with these two petitions. Heather L. Ramirez Planning Technici,JIl Zoning & Land Development Review Ph: (239}252.2930 Fax (239)252"6366 {'!H;li j: HeLlth('rRdnlir(~z(i.DcOJliergov,net 1115/2008 "78 Account #068779 November 5, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Petition V A-2006-AR-ll064: Moraya Bay Beach Club Dear Legals: Please advertise the above referenced petition on Sunday, November 16,2008 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O./Account # 4500094189 NOTICE OF PUBLIC HEARING ."'" 7 B 1ft t''1' Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 2008, 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-2006-AR- 11064, REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: 1) BUILDING SEPARATION DISTANCE; BETWEEN THE TRELLIS AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE REQUIRED 1/2 THE SUM OF THE TWO BUILDINGS TO ALLOW A 25 FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT- OF-WAY): FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10- FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPERTY LINE (ALONG BLUEBILL AVENUE) STRUCTURE FROM THE REQUIRED 1/2 THE SUM OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125 GULF SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE DRIVE AND BLUEBILL AVENUE IN COLLIER COUNTY, FLORIDA. Petition: VA-2006-AR-11064, VI Partners, LTD and Collier County Parks and Recreation, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich and Koester, P.A., requesting variances for a trellis structure as specified in Section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a property in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as follow: 1) from the required 45 feet for the trellis to the principal residential structure, to allow 25 feet; and 2) from the required 50 percent of the building height but not less than 30 feet for the trellis to north property line, to allow 10 feet; and 3) from the required 50 percent of the building height but not less than 15 feet for the trellis to the public restroom building, to allow 10 feet. The subject property, consisting of 5.14 +/- acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Florida. ~7B Range 25 East, Collier County, 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 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 (SEAL) Dwight E. Brock Clerk of Courts 'eoNnty:orC'611ier \...' , CLERK OF THE GIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI ~IL EAST P.O. BOX 413044 NAPLES, FLORIDA~4101-3044 7Bt111 IL ''''Vi.' Clerk of Courts Accountant Auditor Custodian of County Funds November 5, 2008 Mr. Richard Y ovanovich Goodlette, Coleman, Johnson Y ovanovich and Koester, P .A. 4001 Tamiami Trail N., #300 Naples, FL 34103 RE: V A-2007-AR-ll064, Moraya Bay Beach Club Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts eo~fy-:ofeollier '.....,,<' "' CLERK OF THE CIRCUIT COURT COLLIER COUNTY (:oUR1HOUSE 3301 TAM]AMIT~]L EAST PO. BOX 41.3044 NAPLES. FLORIDA '34 101-3044 78 l' ..~ ~,(;:: Clerk of Courts Accountant Auditor Custodian of County Funds November 6,2008 VI Partners, L TD 800 Laurel Oak Drive, #300 Naples, FL 34108 RE: V A-2006-AR-ll064, Moraya Bay Beach Club Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK {5~ ';teL eresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com . 7B~1 Teresa L. Polaski To: Subject: legals@naplesnews.com V A-2006-AR-11064 Attachments: VA,2006-AR-11064.doc; VA-2006,AR-11064.doc Legals. Please advertise the following on Sunday, November 16, 2008. Thanks tffi .~ C:::J ~ VA,2006-AR,ll06 VA,2006-AR,l106 4.doc (26 K6) 4.doc (31 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 laski@collierelerk.com) 1 Teresa L. Polaski r 78'11II From: Sent: To: Subject: poslm aster@collierclerk.com Thursday, November 06,200810:47 AM Teresa L. Polaski Delivery Slatus Notification (Relay) Attachments: ATT91114.txl; VA,2006-AR,11064 1":'1.......... ~ r~~-~~I L::..J 4 TT91114.txt (231 VA,2006-AR,1106 B) 4 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 V A-2006-AR-I1064 Teresa L. Polaski From: Sent: To: Pagan. Emely [EPagan@Naplesnews.com] Thursday, November 06,2008 11 :29 AM Teresa L. Polaski Subject: RE: VA-2006,AR-11 064 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Thursday, November 06, 2008 10:47 AM Posted To: Legals - NDN Conversation: VA-2006-AR-ll064 Subject: VA-2006-AR-ll064 Legals, Please advertise the following on Sunday, November 16, 2008. Thanks <<V A-2006-AR-11 064.doc>> <<V A-2006-AR-11 064.doc>> 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 laski@eollierelerk.com) 11/6/2008 Page 1 of1 , 78~~ , 7 01_; " Teresa L. Polaski From; Sent; To: Subject: Pagan. Emely [EPagan@Naplesnews.com] Thursday. November 06, 2008 3:32 PM Teresa L. Polaski Ad Confirmation Attachments: UAS7BD.jpg !iI UAS7BD,jpg (129 KB) VA-2006-AR-11064 Thank you for placing your ad. Date 11/06/08 publication NDN Account Number 744102 Ad Number 1752949 Total Ad Cost $512.50 1 NOTICE Of PUBLIC HEARING Notice Is hf!rebY given that the Board of County Commiss'toners of Collier County will hold a publiC hearing on Tuesday, December 2. 2008. In the Boardroom.3rd Floor, Administration Building. Col~ ller County Government Center, 3301 East Tamlaml Trail. Naples. Florida. The me~ting will begin i-'t 9:<lO A.M. The tItle of the proposed resolution Is as tollows: , 7 B "11 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, I1ELATlNG TO PETI. TION NUMBER VA.200G.AR.l1064. REQUEStiNG VARI- ANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF TH~ COLLIER COUNTY L.AND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAl. TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICr (VBRTO). AS FOLI.OWS: 1) BUILDING SEPARATION DIS1ANCE; BETWEEN THE TRELUS AND THE PRINCIPAl. RESIDENTIAl. STRlIC. rURE FROM THE REQUIRED 1/2 THE SUM OF THE TWO BUILDINGS TO ALI.OW A 25 FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES): AND 2) FRONT YARD (RIGHTOF,WAY): FROM THE MIN. IMUM REOUIRED 30.fQOr FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE. ro ALLOW A lO-FOOT SETBACK (A REDUCTION or 20 FEED: AND 3) BUILDING SEPARATION DISrANCE: BE TWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPER. TY LINE (ALONG BLUEBILL AVENUE) STRUCTURE FROM THE REQUIRED 112 THE SLIM OF THE TWO BUilDINGS TO ALLOW A 10 FOOT SEPARATION DIS- TANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIOENTIAl TOUHIST (RT) ZON- ING OISTRICT AND THE VANOERBII. T BEACH RES I DENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LO. CATED AT 11.125 GULF SHORE DRIVE ON SOUTHWEST CORNER or GULf SHORE DRIVE AND BLUE.BllL AVE. NUE IN COLUER COUNTY, FLORIDA. Petit"lon: VA.2006.AR" 11064. VI Pt:l.I1:ners. l TO and Collier County Parks and Recreation. represented by Rk'hard Yovanovich of GQodlcttc. Coleman. Johnson, Yovanovlcl, and Koester. P.A., requesting Vi:lriances tor a trellis strudure 'iI.S ~pecjfiecl in Sec. tion 2.03.07.l.6. of the Coll"lef County Land Develop. ment Code- (LDC) for a property in the ReSidential Tourist (RT) zoning dlstnct and the Vanderbilt Reach R€:!sidential Tourist Overlay D"L5trict (V8RTO). as follow: 1) tromthe required 45fect for the trellis to the principal residential structllre. to alluw 25 feet: a.nd 2) from the required 50 pp.rcent of the build'lI1g height but not less tllan 30 feet .for the trel- lis to north property line, to allow 10 teet; and 3) from the required 50 percent of the building height but not less than 15 feet tor the trellis to the public restroom building. to allow 10 feet. The subiect property, cOllsistlng of 5.141 /. acres, IS lo(".ated at 11125 Gu1f.Shorc DrIve. on the cornel" of Gulf Shan: Drive and Bluebill AvenlJl?, In Sectlon 29, Township 48 South. Rang(' 15 East. Collier County. Florida. NOTE: All Persons wishing to spe;lk 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 minutes on any item. The selection of an individual to speak on IJehe.lf of an organization or group Is encouraged. If recognized by the Chair. aSr:Jolo.(~s' person for a group or organization m<1Y be allotted 10 minl.ttes to speak on an item. Persons wishing to have written or graphic materi. als included In the Board agenda packets must su.bmlt said material a min'lIT1l1lT1 of 3 weeks prior to the respectlve public hearing. In any case, writton materials intended to be cOl1sidered by the Soard shall be submitted to the appropriate COlJrtty staff a minimum of seven days prior to the public hear- Ing. A1I1l1ater'Ialused In presentations before the BOi,rcl w'lll be<:ome a pemlan~nt part of the recQrd. Any person who de<:ides t() appeal a deCision of the Board will need a record of the proceedings pertaining therdoand therefore. may need to en. SLlre that a verbatim record of the proceedIngs is made. which reCQrd include.!.> the testimony and evidence upon which the appeal "IS based. If you are a person with disability who needs .any acconltl1odation in order to participate in this pro- ceed lng, you are entitled. at no cost to you, to the provision of certain assistance. Plea.se contact the CelHer County Facilities Management oep'artment, I()cated at 3301 Tamiarn't Trail East, Bl.llldil1g W. Naples. Florida 34112, (239)252.8380: Assisted lis- tening devices forlhe hearing impaired are avail. able 1n the.County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING. CH^II~MAN DWIGHT E.BRDCK, CLERK By: Teresa Polaski. Deputy Clerk (SEAl.) November 16 NO. 1752949 VA -2.-tJ:io-11f-- \\bbY 7 B '''41 . 7 B\~~~ Patricia L. Morgan Cc: Subject: DeselemKay [KayDeselem@colliergov.net] Friday, November 14, 2008 3:59 PM Ramsey, Marla; McAlpinGary; Williams, Barry; Ashton, Heidi; Bellows. Ray; Brock, Mary; CasalanguidaNick; ClevelandSimon; Debres, Dustin; Feder_N; Filson, Sue; IstenesSusan; Klatzkow, Jeff; McgonagleMichele; Minutes and Records; Phillips. Sharon; PodczerwinskyJohn; Puig. Judy; RamirezHeather; SchmittJoseph; Student. Marjorie; WilliamsSteven Richard Yovanovich; karenbishop@pmsnaples.com 12/2/08 BCC hearings--CONTINUANCE REQUEST--Moraya Bay Beach Club Conditional Use and Variance and Public Restroom Conditional Use petitions From: Sent: To: See message below. This continuance affects the following three petitions: CU-2008-AR-13201 CU-2006-AR-11046 V A-2006-AR-11 064 Kay Deselem, AICP Zonin9 & Land Development Review Department Community Development & Environmental Services Division 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239.252.2931 Fax: 239.252.6357 From: Jennifer Castillo [mailto:jennlfercastlllo@pmsnaples.com] Sent: Friday, November 14, 2008 3:52 PM To: DeselemKay Subject: Moraya Bay Kay, As discussed on the phone the applicant for the Moraya Club, Public restroom & the Variance would like to move the hearing from 12/2 to 12/16. We will get you the offical form by Monday. Thanks, Jennifer Castillo PMS,Inc of Naples 239.435.9080 ext 6 ~7B 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 59540804 4500094189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary 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 she 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: 11/16 11/16 AD SPACE: FILED ON: 220.000 INCH 11/17/08 --------------------------------------------------+-- Signature of Affiant /i. /( ~ , !?(1 -~~ NOTICE OF PUlt.JC HlAR1N~ Notice Is hereby gIver. that t"- Commissioners of COli county I heariog 01'1 Tuesl;fw,_ ' bir 2 Boarclroom, 3rd Floor, A on lIer County, Government Ce - l' Eat ami TraU, ~1'$, Florkti.. _ The wRl In at 9:00 .A.M. The title of the prop - c:m 'I as folloWS: . A RESOLUrlON OF TIo!E BOARD O~lO INQ APPEALS OF COLLIER. COUNTV. FLORIDA, Q TO i'ET1. rlON NUMBER VA'__~-1I1l64. E NQ VARI. ANCESFOR A. TRELLIS AOCTURE IFlED IN SECTION 2.03.07.L.'. OF HI COl.l.1ER TV LAND DEV!l.OftMENT CODl (t.DC) FOIt A PRO . IN THE RESIDENTIALTOURIST~(R ZONllieT AND THE VANDER8lLt - - -RI : ALTOURIST ~I~ f~~T~RICilr):8D1S kN~.--: -'i" -I..O~jTJ€ TREI.L1S AND.. !]NCIPAL. I . .. STRUC- TURE FROM TH RE IRED 1/2' .OF TH' TWO BUll-PINGS TO LOW A 2l.Foot . RATION DISTANCE (A REQUCn N OF 25 1!EET1i' N ;I' D 2) FRONT YARD (RIQHT'OF'W~' FEIN. IMYM REOUIllED >>_T PI T. It; FOR THE. TRIELLIS TO THE N .. Lf IE. TO ALLOW A WFOOT SETBACK ~ ON OF 20 FEET); AND 3) BUILDING $!PARA: . .. . eEl H- ~ E. N TIo!' TM,US AND TIo!E' RDPCIS 'PIIlll.te M 1lIJ1U\lINQ ALONQ T T R. UNE (A'OND 1L1IUllJ. ) RE FROM THE .ECIlIIRED 1/2 T . 0 Nil. . TO Al.l.OWA'10 DIS. rA RED\lC11llN OF .f!A IN THE _ .. QH. I QlSTIlICT AND THE ' I- DENTIAi. TOM. ERLA . LO. CATiO AT 111 ,SHORE ON:: war CORNER OF OIl iOllE. DRIVE AND Ill. LL AVE. NUE IN COLLI. I . m. FLORIDA. , Petition: VA-2006-AR-1t0tiK VI . Partnl1'l. I.TD. "and Collier County Parks and' RecreatIOn, ~ by Richard Yovanovlch of, Ckiodtette.. COIWUn. Johnson.. Vovanovlch and KoI..... ,P.A. . ~utlng variances for a trellis structure .. s~)f1id In Sec- tion 2.<l3.D7",L,6. of the Collier COI.lntyLand 'DeV8ii' ment code (LDC) for a property In the. A.sld I Tourlst (RT) zoning district and the Vande lit Beach Residential Tourist Overlay District MRTO). as follow: 1) from the required 45 feet for the trellis to the prlncl~ residential structure. to allow 25 feet; and 2) - from the requlrect50 percent of the building height but not less thut30 feet for the trel. lis to north PI'QP<<W tint; to 4lfow 10 feet; and 3) from the requlred!lO 08r'Cent of the bUlldmga but not less than 15 fie1l fOr the trellis to thll. Ie restroom building. to' allow 10 feet.. T~. Mleet PrOPertY. COn5.lstlno of,5.14 +/- aeres'f.,tocated. a' 11I25 "ulf 5110" Drl'." on 'n" \:01'110< of G.'.'~{8 Drlvfand erutbillAv-.nue In..n 29,To ,IJP 48 SOUth, Ran.. 26~. ColllercounlY,f!or... ' NOTE: All P_IIS. wl,",n~ '" _k.,,", .,,~. endo ittlTirnust~~wlth th.,~ ..tL~....... . to'l' ~~~. PI~Qft!!~k":JWJII'~I~~... to~' mln_ on '"~. -It....~ "'"on. an -Indlvlduat to SPHk on ' alf of -.n .. 11 or QrOi!ts encouraged, recognIzed by .. IrJ. s. person for a group or organlZa'Ion mat... otted 10 mlhutesto 5PMkol:'18nfttm; .. .,','...-.. :r:S~;kl~~$:I~. ~h~I~~. _"!~."I:'.i ...:~ submit satd materlat l. mlnlmlMl'lhn'~ . ~.a.t~~.r.' 1~v:nt3n~o~~risl_ln' _ .,:. '. "1... . shall be submitted \0 the appr .. .' ,'sti: tt~,~~U~=ett . Qrliii/':.' nw.rrrO~I:un:rrn.:.p~I:~~r,r: ntna 'he..", and th"'~~..R_"n. ~ tha.( a Yer'ba.!!.'] =~~1m;::~~J3 ::V~:nc=~Ch1nt~=Is~ :t Y , if you .re a. person ! dliabllJty who nHds MY accommodation In or . r to partlclpate In "this ,pro. ceedt~, you are entl eel. at no ~It to you, to, thtl ~.~tD8 of &1. ,In. ....,~e. "i:"n'=~ _ ' . (239)252-, oUslSted 11.- =1, ;.. =,,~~.... avail. I~.~II::"" ..... (SEAL) . ... . . Nnvlllmba,.1~ ~.. f"'~ Personally known by me c ' .~...'U...'\..,--\ Sworn to and Subscribed before me this -..::kc'\4\ day of J '.'."'11'_ ~.ll~eO '\1 (}.. C 1'1' ljov-..~a ChANEL A. MCDONALD :"k:' 'H~ ommlSSlon DO 650475 ~j.. ; I Expires June 29. 2011 ":thtr,,tl\' BonOOdThruTroyFalnlnsurarn:eSOO-3fl5..7019 "'78 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 [0 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, andlor information needed. If the document is already complete with the exec tion of the Chairman's 5i ature, draw a line thrau h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Office Initials Date List in mUlin order) 1. I~ h'\ log- 2. 3. 4. 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 of the original document pending BCe approval. Nonnally 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 Chaimmn's signature are 10 be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Kay Deselem Phone Number 252-2931 Contact Agenda Date Item was December 16, 2008 ,q Agenda Item Number 7.B. Annroved bv the BCC Type of Document IResolution /)O~/ o1tp Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents 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 Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the finalne otiated contract date whichever is a Iicable. "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 be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on December 16,2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the chao es, if a Heable. Yes (Initial) N/A (Not A Iicable) ~ 2. ~ ~ 3. 4. 5. ~ 6. I: Forms! County Forms! BCC Fonns! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05. Revised 2.24.05 "'7 B I RESOLUTION NO. 08-.12li A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER V A-2006-AR-l1064 REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE V ANDERBIL l' BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE REQUIRED Y, THE SUM Of THE HEIGHT Of THE TWO BUILDINGS TO ALLOW A 25 fOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES); AND 2) fRONT YARD (RIGHT-Of-WAY): FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPERTY LINE (ALONG BLUEBILL A VENUE) STRUCTURE fROM THE REQUIRED Y, THE SUM Of THE HEIGHT Of THE TWO BUILDINGS TO ALLOW A 10 fOOT SEPARATION DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE V ANDERBIL l' BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125 GULf SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE DRIVE AND BLUEBILL AVENUE 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 No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a property in the residential tourist (R 1') zoning Revised 12/17108 - V A,2006-AR,II064 (HFAC) Page I of3 78' district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building separation distance: between the trellis and the principal residential structure from the required Yz the sum of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required Yz the sum of the height of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached site plans, Exhibit "A," for the property hereinafter described in Exhibit "B," 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 Subsection 9.04.00 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: The Petition V A-2004-AR-lI064 filed by Richard Yovanovich of Goodlette, Coleman, Johnson, Y ovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI Partnership Ltd., with respect to the property hereinafter described in Exhibit "B" be and the same hereby is approved for I) building separation distance: between the trellis and the principal residential structure from the required Yz the sum of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required Yz the sum of the height of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the Revised 12/17108 - V A,2006,AR,11064 (HFAC) Page 2 of3 78' \ Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit "C." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2006-AR- 11064 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this \lo{h day of l)OrgmW,2008. ATTES.T,' ': ': " DWJ6HT E. BROC!$., Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA A ".to Chat 11onatureanr" Approved as to form and legal sufficiency: dlJ~' A- C/ro Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A: Site Plans Exhibit B: Legal Description Exhibit C: Conditions of Approval Item # ,B Agenda ~~ Date Date ~ Rec'd ( Revised 12/17/08 - VA,2006-AR,11064 (HFAC) Page 3 of3 -,>........_~ ~....""........"'........._- O'"lJE:< ~~o~ ~i;l~!;l eG~~ ;:;;~to::tl ~g~= t.I~~ gt:t$"'" -~> :::~g ~ () ~ t" ~ a~ ~ '$ ~ , i ... m iii fl' l,f :1 , ! Vanasse _ Dayler - S _._... iir....- /,torlya Bay .-:.;.."'"':"'- ~Sb~r:"TOIIW ._ (t.t.er..fortAmI 7B rm)! 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Exhibit A Page 2 of 2 ~7B ~- ,,~ il lu , :.. \..) ~ <: ~ ~ 0::: ~ Of) '" \.:) ~ C> ~ <: t; ij, -- .s C> ~ 0::: ~ ~ '" -- :c ~ ~ " ~ -Q 0 ~ 8 ~ .c. ~ - e . e 1;; t; "- ~ 0::: .<:). '" ~ c .~ 15 -g ~ "- 0 "- II II II ~ ~ .~ \..) . OJ ~ Q5 " " " 8@6! J--.:: 13 lu ~ V) " Q: It.. ;i; ~ C) ... [Q --J " -- ... ~ ;> co ~ lu ~~ :;! CJ u S ~ = u..,Q ...::g <8 "'~Q ;g=a =~~oo ~ ..oo(co ~=...~ <~8 ~;>tU\C g~e;~ ....oOE-< ~:gg:~ "Gf~"wdllS:5b"C8OOt/ll119'e..v'CdS-~Il\H(\-~'eCllUOa\~:~ LEGAL DESCRIPTION ("SCHEDULE A" CHICAGO'1lTLE INSURANCE COMPANY, COMMITMENT No. 240408575, OATED 11/08/04.) LOT 6, AND THE NORTH 100.00 fEET Of Lor 5, BLOCK A, BAKER CARROLL POINT, UNIT NO. 2 AS RECORDED IN PLAT BOOK 8, PAGE 62, OF THE PUBLIC RECORDS Of COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: :' BEGINNING AT THE NORTHEAST CORNER OF SAIO lOT 6, RUN SOUlH 14'49'20" EAST 362.09 fEET ALONG THE WEST RIGHT Of WAY lINE Of GULF SHORE . DRIVE THENCE NORTH 89'52'20" WE5T 580 FEET MORE. DR LESS, TO THE MEAN HIGH WATER LINE OF lHE GULF Of MEXICO; THENCE .NORTHERL Y 400 FEET, .... MORE OR LESS, ALONG SAID MEAN HIGH WATER LINE TO lHE NORTH LINE OF SECTION 29 TOWNSHIP 48 SOUlH. RANGE 25 EAST, THENCE SOUTH 89'52'20' . EAST, 365 FEET, MORE OR LESS. ALONG SArtlSECTION LINE TO THE WEsr RIGHT Of WAY LINE Of STArE ROAO 5-846. THENCE SOU1<.J 14'49'20" E. 41.40. fEET ALONG SAID WEST RIGHT Of WAY LINE: rHENCE scum 89'52'20" EAsr. 217.29 fEET ALONG THE SOUTH RIGHT Of WA/Y LINE Of SAID STATE ROAO TO THE POINT Of BEGINNING.. . PER 'EXHIBIT 8. SECTlQN 2". CHICAGO'TI.1I.[ INSURANCt COMPANY. COMMITMENT No. 240408575. DATEO 11/06/04., lHE PROPERTY SURVEYED HEREON IS SUBJECT TO THE fOLLOWING MA HERS Of RECORD:' ['IJ INDICATES EXCEPTION NUMBER ['5J MATTERS SHOWN ON THE PLAT Of BAKER-CARROLL POINT UNIT NO, 2. A SUBDIVISION RECORDED IN PLAT BOOK 8.. PAGE 62, PUBLIC RECORDS Of COLLIER COUNTY. FLORIDA. (DEPICTED HEREON).. . ['6J LICENSE AGREEMENT RECOROED IN OfFICIAL RECOROS BOOK 1724, PAGE. 14, PUBLIC RECOROS OF COLLIER COUNTY. FLORIDA. (NOT POSSIBLE TO PLOT) ['7J LICENSE AGREEMENT RECORDED IN OffiCIAL RECORDS BOOK 1724. PAGE 21, PUBLIC R;CORDS OF COLLIER COUNTY, FLORIOA. (NOT POSSIBLE TO PLOT) ['8) LICENSE AGREEMENT RECORDED IN OffiCIAL RECORDS BOOK 1724, PAGE 28, PUBLIC RECORDS OF COlliER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) ['9J TEMPORARY BEACH R.ESTORATlON EASEMENT GRANTED TO COLLIER COUNTY BY INSTRUMENT RECOROED IN OFFICIAL RECORDS BOOK 2089. PAGE 1560, PUBLIC RECOROS Of COlLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) ['10) TEMPORARY BEACH RESTORArlON EASEMENT GRAN rED TO COLLIER COUNTY BY INSTRUMENT RECORDED IN OfFICIAL RECORDS. BOOK 3634. PAGE 1560. PUBLIC RECORDS Of COLLIER COUNTY. FLORIDA. (Nor POSSl8LE TO PLOT) ['15] COAsr Al CONSTRUCTION SETBACK LINE, CREATED' PURSUANT TO FLORIDA STATUTE 161.053, AS SHOWN IN COASTAL SETBACK LINE BOO~ I, PAGES 1 THROUGH 69. PUBLIC RECORDS Of COLLIER COUNTY, flORIDA. (DEPICrED HEREON) ['16J LEASE BETWEEN VANDERBILT BEACH ASSOCIATION. lTD. AND AMERIVENO' CORPORATION DATED JANUARY 7, 1998 AS DISCLOSED BY THAT MEMORANDUM Of LEASE RECOROED IN OfFICIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC. RECOROS Of COLLIER COUNTY, FLORIDA. (NOT POSSIBLE TO PLOT) EXHIBIT B ~ 7 B .. rill CONDITIONS OF APPROVAL V A-2006-AR-l1064 The foregoing variance petition approval is subject to the following condition: The variances granted are limited to what is depicted and limited and more particularly described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008. Revised 7/28/08 EXHIBIT C "79 'I