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Resolution 1997-462RESOLUTION NO. 97-~ RELATING TO PETITION NUMBER V-97-12, FOR A VARIANCE 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 (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 6-foot variance from the required 30 foot maximum height allowed to 36 feet as shown on the attached plot plan, Exhibit "A", in an "E" Estates zone 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 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 of Collier County, Florida, that: The Petition V-97-12 filed by Alfred W. French, of Alfred French & Associates, Inc., representing Seacrest Country Day School, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 6-foot variance from the required 30 foot maximum height to 36 feet as shown on the attached plot plan, Exhibit "A", of the "E" Estates zoning district wherein said property is located, subject to the following conditions: The 6 foot height variance is only for the structure depicted on the attached plot plan. BE IT RESOLVED that this Resolution relating to Petition Number V-97-12 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. day of ~~ , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA. Approved a~ ~'o Form and Legal Sufficiency: Mar~rie M. Student Assistant County Attorney ~/ V-97-12 '~ESOLUTION EXHIBIT "A" I BQAJ _qC IDTION -~; £AST ~,ALF Or THE WEST HALr OF T~E iNORTH~ST GbAr~TE~. OF NORTPEAST QSARTER OF SECTION 8, TOWNSHIR 50 SOUTM, ~ANGE 26 COLL;E~ COUNTY, ~LO~D~, LESS THE NORTH 75.0C -E-T T~E~OF FO~ ROADWAY, BESNG ~ORE ~ARTICULARLY DESCRIBED $S ~"'~' COMMENCE AT ~E NORTH~ST CORNER OF SECTION 8, TO~S~ 50 ~ANGE 26 EAST, COLLIER COUNTY, FLORIDA, THE SAME BEING A POINTS~ THE CENTERLIN~OF DAVIS BOULEVARD, A 150.00 FOOT RIGHT-OF-WAY; TWENCE RUN N. 89'56'07" ~., ALONG THE NORTH LINE OF THE NOR~ST QUARTER OF SAID SECTION 8, FOR A D~STANC~ OF 2657.74 FEET TO THE NC;TM ~A~T~R CORNE~ OF SA:D SEC~ON 8; THENC~ RUN N. ~9'53'54" z ;LONG T~F NORTH "NE OF ~ '~ ........ H_ NOR~EAST QUARTER OF SA~D SECTION 8 ~ND ~LONG SA~D CEN~RL',NE, FOR A DISTANCE OF 352.02 FEET ~O A ~OINT ON THE I~ST LINE OK ~E EAST HALF OF THE ~ST HALF OF NOR~ST QUAR~R OK THE NORTHEAST QUAR~R OF SAID SECTION 8; THENCE RUN S. 00'47'36" E.. ALONG SAID '~ST LINE, FOR A DISTANCE OF 75. C: FEET TO A POINT 75.00 FEET SOU~ OF AS MEASURED AT RIGHT ANGLES TO THE NOR~ LINE OF ~E NORTHEAST QUAR~R O~ SAID SECTION 8, SAID mOINT ALSO BEING THE ~.INT OF 8EGINNI~ OF ~E PARCEL DY .AND HEREIN DESCRIBED: ~ENCE CONTINUE S. 00'47'56" E., ALONG SAiD WEST L'.NE, ~OR A DISTANCE OF 1282.gl FEET TO A POINT ON THE SOOT~ z,NE OF z~ NORTH~ST QUARTER OF -"~ _ '- ~m_ NORTHEAST QUARTER OF 3.~'D S:CT~ON 8; THENCE RUN S. 89'49'00" E., ALONG SAID SOUTH JNE, FOR ~ D:ST:NCE OF 332.73 FEET TO A POINT ON THE EAST L:NE OF '~E wEST ~"- ~=~ 'DF THE NOR~ST QUARTER O~ THE NORTHEAST QUAR~ Z&.D SECTION ~: THENCE ~UN N. 00'~9'29" ~'., A_ONG SAID EAST LINE, FO~ A D:S;.ANCE O: '2B4.~7 FEET. TO A POINT LY:NG 75.00 FEET SOUT~ AS ~JE.ASU~ED ~T RIGH~ ANGLES TO THE NORTH L~NE OF THE NORTHEAST ~,ARTE= OF SAID SECTION ~; TMENCE RUN S. B9'53'5~" W., RARALLEL W,T- SA:2 NORTW ,:NE. FOR A DISTANCE OF 532.96 FEET TO THE ~O]N ~:~'~,,~, 2ONTAiNING 9 79 ACRES MORE OR LESS. [--XFIIBIT 'B'