Resolution 2008-007
RESOLUTION- 08- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-] 2005, FOR AFTER-THE-FACT
VARIANCES FROM THE REQUIRED 20-FOOT REAR YARD
SETBACK FOR AN EXISTING POOL AND SCREEN
ENCLOSURE ON PROPERTY LOCATED AT 480 FLAMINGO
A VENUE HEREINAFTER DESCRffiED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legis]ature of the State of Florida in Chapter ]25, Florida Statutes, has
conferred on aI] 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 Deve]opment Code (LDC)
(Ordinance No. 2004-4], as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioners Eugene V. Zilavy and Nancy I. Zi]avy are seeking an after-the-
fact 8.5-foot variance from the required 20-foot rear yard setback for an existing pool screen
enclosure, and an after-the-fact 4.8-foot variance from the required 20-foot rear yard setback for
an existing swimming pool, both of which were issued certificates of occupancy in 1997; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of an after-
the-fact 8.5-foot variance from the required rear yard setback of 20 feet to 11.5 feet for the
existing screen enclosure, and an after-the-fact 4.8-foot variance from the required rear yard
setback of 20 feet to ]5.2 feet for the existing swimming pool, 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 VA-2004-AR-]2005 filed by GOODLETTE, COLEMAN, AND
JOHNSON, P.A., representing EUGENE V. and NANCY J. ZILA VY, with respect to the
property hereinafter described as:
Lot 2, Block U, Unit No.3, Conner's Vanderbilt Beach Estates, according to the
plat thereof, recorded in Plat Book 3, page 89, public records of Collier County,
Florida
Folio No. 27636040006
be and the same hereby is approved for an after-the-fact 8.5-foot variance from the required rear
yard setback of 20 feet to ] 1.5 feet for the existing pool screen enclosure, and an after-the-fact
4.8-foot variance from the required rear yard setback of 20 feet to 15.2 feet for the existing
swimming pool, as shown on the attached plot plan, Exhibit "A", in the zoning district wherein
said property is located, subject to the following conditions:
]. The 8.5-foot variance granted is limited to the rear yard encroachment for the
existing screen enclosure along the southern property boundary, as depicted in the
applicant's submitted survey sketch dated April ]8, 2001, included as Exhibit A;
and
2. The 4.8-foot variance granted is limited to the rear yard encroachment for the
existing swimming pool along the southern property boundary, as depicted in the
applicant's submitted survey sketch dated April 18,2001, included as Exhibit A;
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-12005 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this
~
J~,2008.
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ATTEST '.' ~'''"'''O ....
DWIGwf~,i!R06e,'tLERK
(}. '~~~\(~I k
~\.~~,to ~J~ijy Clerk
$19f14tllrfl.!,~\;'...>
Ap roved as to form
an leg
/. r day of
BOARD OF ZONING APPEALS
COlLIER c'/Zy, 7^
BY:~
,CHAIRMAN
I
Jeffr
Chie
BOUNDARY SURVEY
/-
I
I
60' RIGHT OF WAY
FLAMINGO AVENUE
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Exhibit A
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TITLe nORIDA. INC.
OLD RePUBLIC NA TlONAL TITLe INSURANCe COI1PANr
/fIlS IS not'"""'trCartlflCll't:t!l 0'-- Il~ ,,"""In'l:/' .
or Freedom of encumbrtJnc.es.
AbstrtJc.t h(js not been reviewed ~nd
other eZJsements fJfId re~trlctlons mtl'y
t/Ppfy to thIS pcrc~/. AN othetr cl/5emenb
th12t exist tJrC required to be proVIded
to the surveyor by the client of his
or her tJgt311t per F10rldtJ stll'tute
HOn:S. G~-G.003 ClO) F.A.C_ 4/
FLOOD ZONE "AE" (EL11) PANEL 120067 0169 E., ~//f"I
BEARINGS BASED ON PHYSICAL CENlERUNE OF ffZ /0
Fl..AM1NGO AVENUE AS BEING NB9"45'20ME. v-=>_ J
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NO.3. recorded (n FltJt Book. 3,
pege aq of the Public Records of
Gourer County. Florfc:kJ.
~55 Or FROf'fRTr'
480 FLAMIIIGO A VeNUe
April lB. ZOOl
Date of Survey'
5Crllet --1.:-~9.:..--
Project No. eV6.31...cgy'
FB No. ~41- P..19...- NOT VALID UNLESS.
Job No. .Q,1?03 ___ EMBOSS-ED WITH S.EAL
COPYRIGHT 2001 Br CAROL ~. Nn50N,F.A~ ALL RIGHTS RESERYfJ).
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