Resolution 2007-321
RESOLUTION 07 _321
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-1l778, FOR AN AFTER-THE-FACT
VARIANCE OF 1.4 FEET FROM THE MINIMUM 25-FOOT
FRONT YARD SETBACK REQUIREMENT, FOR A SINGLE-
FAMILY HOME CURRENTLY UNDER CONSTRUCTION IN
THE NEWMARKET SUBDIVISION, IN IMMOKALEE, 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, due to a surveying error, Petitioner is constructing a single family house on
a 0.34::!: acre site with a 23.6-foot front yard setback as shown on the attached plot plan "A,"
which is 1.4 feet short of the required 25 foot setback for this RMF-6 Zoning District, as
provided by Section 4.02.01.A. Table 2.1 of the LDC; 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 the requested after-the-fact
variance of 1.4 feet from the minimum 25-foot front yard setback requirement, 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 VA-2007-AR-1l778, filed by Gene Silguero of GMC Home Builders, with
respect to the property described as Block 19, Lot 6, of the Newmarket Subdivision located in
Immokalee, in Collier County, Florida, be and the same hereby is approved for an after-the-fact
variance of 1.4 feet from the minimum 25-foot front yard setback requirement for the Residential
Multifamily-6 (RMF-6) Zoning District, as provided for in Section 4.02.01.A., Table 2.1 of the
LDC, subject to the conditions contained in Exhibit "B."
Page 1 of 2
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2007-AR-II778 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this--5- day of
tJ~2007.
ATTES):;.""""
DWIGID:\,,:::Bt{QcK. CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By J~&N
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Appro
and Ie
Page 2 of 2
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CONDITIONS OF APPROVAL
V A-2007-AR-11778
I. The Variance is limited to a 1.4-foot setback for the front yard adjacent to Glades
Street, as depicted in the survey plat dated January 31, 2007,
2. If the 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 must conform to the provisions of
the Land Development Code in effect at the time of reconstruction.
Exhibit B