Resolution 2008-066
RESOLUTION NO. 08 -66
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, DIRECTING THE COUNTY MANAGER
OR DESIGNEE TO APPLY THE SEVENTY-FIVE
(75) FOOT REAR YARD SETBACK FOR
ACCESSORY STRUCTURES FOR THE ESTATES
ZONING DISTRICT; PROVIDING FOR
NONCONFORMING ACCESSORY STRUCTURES;
REQUIRING BUFFERING FOR ACCESSORY
STRUCTURES UNDER CONSTRUCTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Zoning Director has opined that prior to 1991, there were conflicting
provisions in the Zoning Ordinance (Ord. No. 82-2, as amended) concerning rear yard setbacks
for accessory structures in the Estates (E) Zoning District; and
WHEREAS, the Collier Count Land Development Code (LDC) since 1991 has required
and still requires a seventy-five (75) foot rear yard setback for accessory structures in the Estates
(E) Zoning District; and
WHEREAS, since the early 1980's, there has been an historic departure in the application
of this rear yard setback requirement, with staff applying a ten (10) foot rear yard setback for
accessory structures in the Estates (E) Zoning District; and
WHEREAS, the LDC was never amended to reflect staff's application of the ten (10)
foot rear yard setback for accessory structures in the Estates (E) Zoning District; and
WHEREAS, a recent Code Enforcement complaint concerning an accessory structure has
brought this historic staff policy to the attention of the Zoning and Land Development Review
staff; and
WHEREAS, on February 26, 2008, staff has brought this matter to the Board of County
Commissioners for direction as to the application of the rear yard setback for accessory
structures in the Estates (E) Zoning District.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
I. The County manager, or designee, is hereby directed to apply the setbacks for accessory
structures in the Estates (E) Zoning District until such time as the Land Development
Code is clarified as follows:
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A. The seventy-five (75) foot rear yard setback for accessory structure in the Estates
(E) Zoning District shall apply to all accessory structures which may be
constructed after February 26, 2008, and which have not been issued a building
permit as of February 26, 2008.
B. All accessory structures in the Estates (E) Zoning District, which structures were
issued a Certificate of Occupancy (CO) prior to February 26, 2008, shall be
considered legal, nonconforming structures.
C. All accessory structures in the Estates (E) Zoning District for which a building
permit has been issued and that are under active construction as of February 26,
2008, may proceed with construction utilizing the ten (10) foot rear yard setback.
Type B Landscape Buffer, as to vegetative requirements only, must be installed
between the accessory structure and the rear property line.
BE IT FURTHER RESOLVED that this Resolution shall take effect as of February 26,
2008.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same,
this
\\~ dayof~
2008.
ATTEST:.. ;,:,
DWIGg>r~~'BRDC:K, CLERK
,r.', ":'.,'\'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
TOM HENNING, CHAIRMAN
Appr ved as to form
and I ga ffi' y:
Jeffre
Chief
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