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Resolution 1996-068 FEB f 3 1996 RESOLUTION NO. 96-...J..Q_ RELATING TO PETITION NUl1BER V-95-29, FOR A V~~IANCE ON PROPERTY HEREINAFTER DESCRIBED III COLLI ER COUNTY, FLDRIDA. 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 publiCi 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: a 46.5 foot variance from the side yard setback requirement of 49 feet to 2.5 feet; a 23 foot variance from the side yard setback requirement of 49 feet to 26 feet; a 44 foot variance from t'.,." side yard setback requirement of 49 feet to 5.0 f~et, along t~e easterly property line; a 49 foot variance from the side yard setback requirement of 49 feet to 0 feet along the southerly property line all for that part of the structure at elevation ~'9a feet. as shown on the attached plot plan, Exhibit "1\", in ar' "RTIl zone tor the property hereinafter described, and has found as , matt.-=r of fact that satisfactory provision and arrangement have been made concerning all applicable matteru required by said regulations 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 or Collier County, Florida, that: The Petition V-95-29 filed by Mark J. Woodward and Anthony P. Pires, of Woodward, Pires, Anderson & Lombardo, P.A., representing CBFe Beach, LTD., a Florida Limited Partnership, and Parcel M-I., a Florida Corporation d/b/a FC Beach Joint Venture,with respect to the property hereinafter described as: ",,;:..;1.- FEB 1 3 1996 Exhibit liB" be and the same hereby is approved for: a 46.5 foot variance from the side yard setback requirement of 49 feet to 2.5 feet; a 23 foot variance from the side yard setback requirement of 49 feet to 26 feet; a 44 foot variance trom the side yard setback requirement of 49 feet to 5.0 feet, along the easterly property line; and a 49 foot variance from the side yard setback requirement of 49 feet to 0 feet along the southerly property line all for that part of the 6tructure at elevation +98 feet; as shown on the attached plot plan, Exhibit "A", of the "P.T" zoning district wherein said property is located, subject to the following conditions: 1) This variance is limited to the encroach~ents depicted on Exhibit IIA". Any further encroachments will require a separate variance. 2) The variance is not to be used to provide excessive parking for the purpose of a private cluD. BE IT RESOLVED that this Resolution relating to Petition Number V-95-29 be recorded in the minutes of this Board. Commissioner Matthews offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll ('."11 the vote was: AYES: Const~ntine, Hancock, Mac'Kie, Matthews NAYS: Norris ABSENT AND HOT VOTING: ABSTENTION: Done this 13th day of ~Qruarv , 1996. ATTEST:" ~ U A fi .,1..} , (j DWIq~~,i~?~R6ci{,~LERK ~.'f~~:Y(~\:'~i~;.~t~,.:,~.., c~ 4" ',"" ~ , :: ::c:;~ - (L . '. "1' ..;.. . - .; p A". "It"\ L'lI"'~ ~ i> " ~;."'t\.;; ; 40' ;,.f/ 'ot"'" ,."( -'" top. APPRd'!~~ fijl!iJ;~.,'tORM AND LEGAL SUFFICIENCY: APPEALS FWRIDA CHA I RHAN ,~ - 1YIt~~ ,Mt"..1 p "Jet MARJ IE M. STUDE T ASSISTANT COUNTY ATTORNEY VARIANCE RESOLUTION/1668J !CO~ ODD "C, 10).'? 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FEB 1 3 1996 A parcel of land lying in sections 17 and 18, Tovnship 52 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: COHMEHCE at the intersection of the centerlines of South Col1fer Boulevard and Spruce Avenue, as shown on the Plat of Marco Beach Unit 7 as recorded in Plat Book 6, pages 55 through 62 inclusive, of the Public Records of Collier County, Florida; thence run S10. 47' 18" E along the centerline of South Collier Boulevard a distance of 260.89 feet; thence 579' 12' 42" W a distance of 50 feet to an iron pin, said iron pin being on the Westerly right-of- way line of said South Collier Boulevard and POIlIT OF BEGIlnlIllG of the herein-described parcel; thence. $79' 12' 1,21! W a distance of 69"1.00 feet to an iron pin; ther.cc continue 579- 12' 42" W a di~tance of 89 feet, ~ore or less, ~o a Point, said Point hereafter y...no'.m as Point 11).11 and the approxi=.ate Hean High Water Line (elevation +1.5 contour) of the Gulf of Mexico as it existed on october 7, 1978; thence return to the afore!J.entioned POINT OF BEGINNING: thence run HI0. 47' 18" H along the Hesterly right-of- way line of South Collier Boulevard a distance of 412;~0 feet to the. POIHT OF CURVATURE of a curle having a radius of 9,950 feet, concave to the West: thence Horthe;:ly along said curve, curving to the left through a central angle of 00. 33' 53 II and an arc distance of 98.07 feet to an iron pin; thence leaving the Westerly right-of- way of South Collier Boulevard, run 572- JJ' 3011 W a distance 0: 668.62 feet to an iron pin: the.:-lce continue 572. 33' Jail W P. distance of 113 fect, more or less, to the approxin::ate Mean Hig~' Water Line (elevation +1.5 contour) of the Gulf of Mexico as it existed an October 7, 1978; thence meander Souther~ -l along said approximate Hean High. Water Line (elevation +l~~ contour) distance of 421 feet, Dare or less, to the aforecenti~..ed point IIAII and the MINT OF TERHINATIOll. TOGETHER WITH all of Grantor's right, title and inter~.;t i:l and to riparian and littoral rights appurtenant to the above--described property which rights are not warranted by the Grantor. TOGETHER WITH all of Grantor's rights, title and interest in that certain Easement Agreement dated August 31, 1995, by and between Regency Development of Marco Island, Inc., a Florida corporation, Club Regency of Marco Island Condominium Association, Inc. I a Florida not for profit corporation, and Robert F. Greene as Trustee, as recorded in O. R. Book ;1113 ,at page ,~.y?) ,of the Public Records of collier County, Florida. LESS AND EXCEPT Phase I of CLUB REGENCY OF MARCO ISLAND, a CondominiUl:Z, as recorded in o. R. Book 984 t at page 1494, Public Records of Collier County, Florida / as shown on the attached Exhibit "A-I" hereto. lCO'. EXHI8IT ".9" f)OD "''165,1 ,"~~,_,,'_~~---"""_."~_""'". ......J'...."~._,._,._,_..,,">_,__ ".~.,"',~..._.,,__.......^","'............_~ ._._, ,',_._M,_',._,,"I"'__