Resolution 1992-500
RESOLUTION NO. 92- 500
SEPTEMBER 8, 1992
RELATING TO
A VARIANCE
DESCRIBED IN
PETITION NUMBER
ON PROPERTY
COLLIER COUNTY,
V-92-12, FOR
HEREINAFTER
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 tor the protection ot 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 the following variances:
1. Reduction from the required 15 foot wide landscape buffer
along Bonita Beach Road Right-Of-Way in part to 7.5 feet
(Section 2.4.7.4 D, Buffer) and as further illustrated by the
attached Conceptual site Development Plan (EXHIBIT "A").
2. Reduction from required front and rear yard requirements of
25 feet and 16 feet resp-actively for the lots with
dimensioned foot print relationships to lot boundaries as
illustrated on the conceptual site plan hereto made a part of
this resolution and identified as Exhibit "A".
3. Reducticn in the required open space (based on cumulative
reduction of the area ot each lot) of 9,230 square feet to
5,502 square feet. (See Site Summary statistic Exhibit "A".)
for the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement has been made
concerning all applicable matters required by said requlations 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 the Petition V-92-12 filed by Mark W.
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38
,
SEPTEMBER 8, 1992
Minor of Q. Grady Minor & Associates, P.A., representing william
Senkevich of Tempustech, Inc., with respect to the property
hereinafter described as:
Exhibit "B"
be and the same hereby is approved for the following described
variances:
1. Reduction from the required 15 foot wide landscape buffet
along Bonita Beach Road Right-of-Way in part to 7.5 feet
(Section 2.4.7.4 D, BUff,or) and as further illustrated by the
attached Conceptual site Development Plan (EXHIBIT "A").
2. Reduction from required front and rear yard requirements of
25 feet and 16 feet resp.actively for the lots with
dimensioned foot print r.elationships to lot boundaries as
illustrated on the conceptual site plan hereto made a part of
this resolution and idem:ified as Exhil:oit "A".
3. Reduction in the required open space (cased on cumulative
reduction of the area of each lot) of 9,230 square feet to
5,502 square teet. (See site Summary statistic Exhibit "A".)
wherein said property is located, :;ubject to the following conditions:
Exhibit "et!
BE IT RESOLVED that this Resolution relating to Petition Number
V-92-12 be recorded in the minutes of this Board.
Commissioner
Shm'u:Ih:m
offered the foregoing
Resolution and moved for its adopt:lon, seconded by Commissioner
Hasse
and upon roll call the vote was:
AYES: Cooml.ssioner Shanahan, Cooml.ssioner Hasse, CocmissiOl1er Saunders,
Cooml.ssioner Goodnight, and Cooml.ssioner Volpe
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done thil'l\ IL'1891 day of
....,. ' I.., f
ATTEST: ',? ,
~AM~S G. GILES,~~LERK
J;F-:--j-,~yQ~
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APP~OVEii:,A..;;"TO-' tORM AND LEGAL SUFFICIENCY:
'.~'
, 1992.
~t-~r
BCIARD ,~,F ZONING APPEALS
ye~Et~~1,~' FLORIDA
MICHAEL VOL E, CHAIRMAN
'-
ATTORNEY
V-92-12 RESOLUTION/nb/7729
MO~ non fAG, 39
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SEPTEMBER 8, 1992
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SEPTEMBER 8, 1992
EXHIBIT' "1\"
LEGAL DESCRIPTION (PROVIDED)
A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A RAILROAD SPIKE MARKING THE NORTHEAST CORNER
OF SAID SECTION 6 RUN S 00'06'36" E ALONG THE EAST LINE OF SAID
SECTION 6 A DISTANCE OF 57,57 FEET TO A CONCRETE MONUMENT
MARKING THE SOUTHERLY RIGHT.OF- WAY LINE OF BONITA BEACH ROAD;
THENCE S 89"32'44" W ALONG SAID RIGHT-OF-WAY LINE 219.23 FEET TO AN
IRON PIN; THENCE N 89"36'01" W 1248.22 FEET TO THE INTERSECTION OF SAID
SOUTHERLY RIGHT-OF-WAY LINE AND THE MEAN HIGH WATER LINE OF
LITTLE HICKORY BAY At"lD THE POINT OF BEGINNING; THENCE ALONG SAID
MEAN HIGH WATER LINE S 62"23'23" W 10.40 FEET;
THENCE S 34030'28" W 36,36 FEET; THENCE S 02"21'25" E 55.34 FEET;
THENCE S 71001'25" W 54,24 FEET; THENCE N 87048'00" W IOI.I9 FEET;
THENCE S WI0'29" W 22.71 FEET; THENCE S 53'31'40" W 10.72 FEET;
THENCE S 32014'13" W 30.96 FEET; THENCE S 24'44'03" W 32.39 FEET;
>THENCE S 31015'14" W 36.44 FEET; THENCE S 55'05'54" W 30,35 FEET;
THENCE S 87"07'30" W 24.24 FEET; THENCE N 57"31'01" W 53.73 FEET;
THENCE N 51"27'24" W 67.03 FEET; THENCE N 54038'49" W 37.56 FEET;
THENCE N 70052'49" W 43.70 FEET; THENCE N 66002'40" W 25.47 FEET;
THENCE N 48"21'26" W 92.21 FEET; THENCE N 61"23'12" E 26.97 FEET;
THENCE N W3S'59" E 30.35 FEET; THENCE N 69"46'42" W 6.76 FEET;
THENCE S 66'42'00" W 14.98 FEET; THENCE N 44'42'19" W 21.21 FEET TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF BONITA BEACH ROAD; THENCE S
89"41'41" E ALONG SAID RIGHT-OF.WAY LINE 38.73 FEET TO A CONCRETE
MONUMENT; THENCE S 89"15'01" E 533.47 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 75347 SQUARE FEET
OR 1.73 ACRES OF LAND. BASED ON A MEAN HIGH WATER ELEVATION OF
1.10 N.G.V.D. LOCATED ON FEBRUARY 13, 1989.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
F:SBC
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SEPTEMBER 8, 1992
CONDITIONS OF APPROVAL
FOR PETITION V-92-12
If adopted these will be consoliClated into the official
instrument of adoption or by refEirence to appropriate exhibit
citation.
1. In consideration of the reduced standarcis made possible
by the cluster development Clpt'ion and a companion
petition CU-92-4 the design of project and related
support improvements shall represent a common
architectural theme which evidence the following common
architectural elements:
i\. The architectural stylll of all of I:he dwelling
units/structures shall be similar in design and in
the use of materials and color.
b. The residential projec1: shall have a signature
entranceway that serve to identify an entryway to a
unified plan of development. The entranceway
design and improvement elements shall include some
or all of the followlnq: The use of landscape
materials, gated struct.ure, water features,
sculpture and ornamental pavement surfaces.
c. A landscape theme throughout the entire project
that enhances the unifIed appearance of the entire
project.
d. Street materials, signage, lighting shall be
complimentary and the :;ame throughout the project's
accessways.
At the time of application pursuant to Division 3.3 of
the Land Development Code, the applicant shall submit
plans and specifications which describe in detail all of
the development features whIch qualify the project as a
Common Architectural Theme project. The Development
Services Director may approve, disapprove or advise
which modification would be necessary to qualify the
project as a Common Architet::tural Theme Project.
2. A decorative masonry wall eight (8) feet in height shall
be constructed along the mid-point of the landscape
buffer.
EXHIBIT "C"
nb/8359
1001 000 PAG, 42