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Resolution 2007-283 RESOLUTION NO. 07--2-8-3-- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2007-AR-I1703, FOR A l.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 28.8 FEET IN THE NORTHWEST PART OF THE FRONT YARD AND A 4.2-FOOT VARIANCE FROM THE REQUIRED 30-FOOT FRONT-YARD SETBACK TO 25.8-FEET IN THE NORTHEAST PART OF THE FRONT YARD FOR PROPERTY LOCATED AT 180 CHANNEL DRIVE, AS FURTHER HEREINAFTER DESCRffiED 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 1.2-foot variance from the required 30-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 30-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District 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 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-1l703 filed by Richard D. Y ovanovich, Esq., of Goodlette, Coleman, and Johnson, P.A., representing Kurt M. Lutgert, with respect to the property hereinafter described as: Conner's Vanderbilt Beach Estates, Lot 22, Block C, as recorded in Plat Book 3, Page 8, Collier County, Florida. Page I of 2 be and the same hereby is approved for a 1.2-foot variance from the required 30-foot front-yard setback to 28.8 feet in the northwest part of the front yard and a 4.2-foot variance from the required 30-foot front-yard setback to 25.8 feet in the northeast part of the front yard as shown on the attached plot plan (Exhibit A), in the RSF-3 Zoning District wherein said property is located, subject to the following conditions: I. No second-story construction shall be permitted over the non-conforming structure; and 2. The existing six-foot encroachment (asphalt driveway) on the east portion of the property shall be removed prior to construction of the requested two-car garage BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2007-AR-1l703 be recorded in the minutes of this Board. THIS RESOLUTION adopted after motion, second and majority vote, this -9- day of eJl'1;; /y? A , 2007. '.,:1-:[;,-; ATTEST: DWIom. E. BROCK, CLERK , ", ,.,-, Bv' c. I\tt4s. as'. s1~c1ture oAl'.,.::,iI.' BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BYJA.N/&- Approved as to form and legal sufficiency: it ~~1AJL. 611. fJJ-u.11 <.K -UtuLtL1.'\. Jeffrey A. Klatzkow ;,) Managing Assistant County Attorney Page 2 of 2 ----- ~' , ~---- ~: j '" , > < x < o c o ~ - w ;:: z <.;' z' <C" I < U _ I ~G'=__. : ~I . ~-- . "..~ L__ 25.8 /-1 -.-- I I I I I I 28.5 I j- r--L.- "' ~ , . ~ ~ " z > Z o < w~ '0 g~ '0 "Z >0 <a Coo ":Jl;:! W" z. <ou " . ~ ~ ~ 0 o z -" 2 [5!Z &l!! o. wO I'~ aW WW a> 0, <" "0 -> '" Ow ~~ u z o "''' N~ ~o O~ _J tr; B ~n'l-. - ',~-=""'--' ii' i:/ .Ij ;1 ~ III ~ It--~ ~ 1,:1 J I ~ I' ZI ~-i- ~~ J :i Iii. - 1- - iN --:il I I EXHIBIT A . o " S ; r U b- ~i 'W 29 "0 ~ '" !j '" :;! ~ '"' !;: o u ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ -< I ~III ! ~hll ~i!', ~I ~ ~:- , : ",II" , ~!. IE "II' >- " , . ~II~ ! " i oil I q II 1'1', I !