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Resolution 2007-171 RESOLUTION 07---1.l.l A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER V A-2007-AR-1l300, FOR A S.S-FOOT VARIANCE FROM THE REQUIRED IS-FOOT FRONT YARD SETBACK FOR A CORNER LOT LOCATED WITHIN THE VINEYARDS PLANNED UNIT DEVELOPMENT ON PROPERTY HEREINAFTER DESCRIBED 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 has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5.5-foot variance from the required 15-foot front yard setback for a corner lot located in the Vineyards Planned Unit Development as shown on the attached plot plan, Exhibit A, 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 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 Petition V A-2004-AR-I ] 300 filed by Irvine Dubow with respect to the property located at 590 I Almaden Drive, Naples, Florida, further hereinafter described as: Lot 26, Sonoma Lake Unit I, a subdivision as recorded in Plat Book 16, Pages 13- 14 of the public records of Collier County, Florida. Folio No. 73755001459. be and the same hereby is approved for a 5.5-foot variance from the required 15-foot front yard setback for a corner lot in the Vineyards Planned Unit Development as shown on the attached plot plan attached as Exhibit A, subject to the following conditions: I. The 5.5-foot variance granted is limited to the front yard encroachment for the proposed screen enclosure along the eastern property boundary, as depicted in the applicant's submitted survey sketch dated March 30, 2006, included as Exhibit A; and Page ]of2 2. No vertical construction shall be permitted in the lO-foot drainage easement; and 3. If the residential dwelling structure is destroyed 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, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007-AR-I1300 be recorded in the minutes of this Board. . ;f- This Resolution adopted after motion, second and majority vote, this 2:.k.: day of Ji,VN.../ , 2007. ATTEST: DWIGHT E. BROCI{I~€:L,ERK /( BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By A#~& J COLETTA, CHA AN By:~ ..~I'jld)(' ~_.......' , M.=' eputy Clerk ........1; I. to.._t....,. I S tonaturtBn].. .' Appr and I Jeffrey . Klatzko Managi g Assista VA-2007-AR-11300/CY/sp Page 20f 2 (r~==--:=.-='--=':" J (Si ' ( I I " .. .. ... ,I-:iJLfliO ~ "'~"" r__ "~,, "~~, ,,," '"', ....t ; ''',., .,....'..'. '''''''' "'''-f_ ,',<<. , , ji i I' I, I I ~ I I......' ,,,,-., <o~ . "''> r;::'",-- -'-'.. -_. I Sid. TCr1 OF SURVEY I TRACT L,.. " -'_L_______.--::-" _\ LOTa ',11 ''''_';'''1/";",' '" , , / "'<~:' ...' " " ""70' , ~+ . \. O"il .' "~~ '~:w .f..... 'Oi''''''T/!a''!tJis1''''j ~-';"f:;~l- - '~~_' t~~iJ[-j~r~'--- ";>\1, i',:""~.Nn J~~C:.'j('JTN.Y, . I.' ~ -';'i'J:, '..' ,-,"",-, "','I I 1,-,., -'i 'Ii '><T' ",~" ,.,-..;' "" . ,. ~ ~ - ',,', ~. .J''''. . .. I. ~' ' j, $: ~/.', 'V' .,' . . / c.. , , , }:.-r./ . V A-2007-AR-11300 PROJECT: 2007020014 DA TE:2/22107 CAROLINA VALERA //1 / / 7 i ./.t!.<~C::._. .\ .1r," 'JI~;i'r.. ;", ", ,., ~"'" I'~' I,,:' ,L"', '" ,.",~; '~', p.lp,< IRVINE DUBOW SPECIAL PURPOSE :-~~"~~~"':_'~~'~~:';-'-~i-:\~~:.'-r-;~= ~.I,-"-,,,,,,,,,'I'I''''''''''''''''''ht ,.,."... ,c,~~.. ...._ .w'_,JI, .r.,..... "'-- H',:'I -'f,', to'.. '.,~.; Exhibit A / / I ! '/ /~ I , '. rfl.lltU:J.illi ~L .,' ./