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Resolution 2008-119 RESOLUTION 08- 119 A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NUMBER BD-2007-AR-12154, WmCH WAS DENIED BY THE COLLIER COUNTY PLANNING COMMISSION ON DECEMBER 6, 2007, FOR AN EXTENSION OF A BOAT DOCK ON PROPERTY HEREINAFTER DESCRffiED 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 adopted the previous Land Development Code (LDC) (Ordinance 91-102) in October 1991 which was subsequently amended and included the regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the County pursuant thereto has adopted a new Land Development Code (LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on December 6, 2007, held a properly noticed public hearing and considered the advisability of a 17-foot extension for a boat dock from the 20-foot length allowed by LDC Section 5.03.06.E.1. to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter descri bed; and WHEREAS, the CCPC found as a matter of fact that the request did not meet the criteria required by LDC Section 5.03.06.E.1 and accordingly denied the Petition; and WHEREAS, the new LDC omits Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended, relating to the process by which a Petitioner may appeal a decision of the CCPC and thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004- 41, as amended (the new LDC); and WHEREAS, pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004- 41, as amended provisions of the previously adopted LDC shall apply in the event of such a conflict; and WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the Collier County LDC (omitted Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended) to the Collier County Collier County Board of Zoning Appeals. Page I of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number ADA-2007-AR-12714, appealing the CCPC's denial of Petition Number BD-2007-AR-12154 pursuant to previous, but still effective, Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson, of Nelson Marine Construction, Inc., for the property hereinafter described as: Lot 10, Block E, Little Hickory Shores, Unit No.2, according to the plat thereof, of record in Plat Book 3, Page 79, of the Public Records of Collier County Florida. Property Appraisers Parcel ID No. 55900800009 be, and the same is hereby approved, thus reversing the CCPC's denial of the Petition Number BD-2007-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise allowed by LDC Section 5.03.06.E.1., to authorize a 37-foot boat docking facility in the RSF-4 zoning district wherein said property is located, subject to the following conditions: 1. Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection shall be provided to Collier County prior to the issuance of a building permit. 2. Reflectors and house numbers of no less than four (4) inches in height must be installed at the outermost end on both sides of all docks or mooring pilings, whichever protrudes the furthest into the waterway, prior to the issuance of a Certificate of Completion. 3. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a Certificate of Completion. 4. All prohibited exotic species, as such term may now or hereinafter be established in the LDC, must be removed from the subject property prior to issuance of the required Certificate of Completion and the property must be maintained free from all prohibited exotic species in perpetuity. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. . l.}l\cl This Resolution adopted after motion, second and majority vote thIS a day of Ap\'\ ,2008. "i:. (, ATTEST:,-;' c,' DWIGHT E. B~OCK, €;LERK ;;----,.,. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA i. . By: Attest &$ to ~lnun' "q'eput 119:14wrt Ql11' "". SL',I'~"[ \ , CHAIRMA App and g Jeffr A. Klat Chie ~ssistan ow ounty Attorney Page 2 of 2