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Resolution 1993-080 .' ., RESOLUTION NO. 9J---.8.Q FEBRUARY 23, 1993 RELATING TO PETITION NUMBER A VARIANCE ON PROPERTY DESCRIBED IN COLLIER COUNTY, V-92-2B, FOR HEREINAFTER 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 WHEF.EAS, 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 considen:~d the advisability of a 40-foot variance from the required front yard setback of 75 feet to 35 feet as shown on the attached plot plan, Exhibit "A" in an Estates zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has 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 considerl:!d all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-92-28 filed by John Munzenriedp.r, representing Jan A. Lopat~, with respect to the property hereinafter described as: Exhibit liB" be and the same hereby is approved for a 40-foot variance from the required front yard setback of 75 feet to 35 feet as shown on the attached plot plan, Exhibit IIA'I of the Estates zoning district wherein said property is located, subject to the following conditions: ~OOK 000 PAG[ -1- 79 FEBRUARY 23, 1993 BE IT RESOLVED that this Resolution relating to Petition Number Exhibit lie" Comnissioner ValDe V-92-28 be recorded in the minutes of this Board. offered the foregoing Resolution and moved for its adoption, secon~ed by Commissioner Matthews and upon roll call the vote was: NAYS: AYES: Commissioner Volpe, Commissioner Matthews, Commissioner Norris, Commissioner Constantine, and Commissioner Saunders ABSENT AND NOT VOTING: ABSTENTION: Done this d!S day of ..\1,/ , ATTEST :. DWIGHT E. BROC~;(J:LERK ..;.. ';rU'N~ ~ ~Q~. -- ...." < .~ .', .... '-:) > APPROVED AS TO' FORM AND LEGAL -;{;,:ifciJ{fE^ 11:' mDE~' .<~c "f- ASSISTANT COUNTY ATTORNEY V-92-28 RESOLUTION nb/90J1 r:/ '7 - , 1993. BOARD OF ZONING APPEALS COLLIER COU~IDA ~ CHAIRMAN , SUFFICIENCY: lOOK 000 PlGl 80 -2- .' . FEBRUARY 23, 1993 ;~ :1", Vl ~ l" '" o t . ~ ~~~ i J. " a ~, ~ - u . ~ - i . ,~. . k . " ' g '"" ""- ,"", . ",' ""- ""- ""- '" ""- "', I: ; " / a , ""- /~ , lOOK OeD PIGE 81 Exhibit BAil FEBRUARY 23, 1993 " " ' That part of the Southeast quarter of Section 22, Township 48 South, Range 25 East, Collier County, Florida, lying East of the Seaboard Coast Line Railroad and Northeasterly of the thread ot the Cocohatchee River being more particularly described as follows: Parcel 25: Commencing at the Northeast corner of the Southeast quarter of Section 22, run S 00. 32' 1611 E along the East line of said Section 22, for 1032.00 feet; thence run N 720 03' JO" W for 648.43 feet; being the Point ot Beginning; thence run S 480 28' 20'1 W for 276.92 feet; thence run S 610 00' 00" W for 172.00 feet to the centerline of the Cocohatchee River; thence run N 70. 36' 27" W along the centerline of said river for 70.00 feet; thence run N 450 19' 25" E for 408.16 feet; thence S 720 03' 30'1 E for 140.36 feet to the Point of Beginning; containing 1.0 acres, plus or minus. ~~-~ Exhibit 11Bll FEBRUARY 23, 1993 AGREEMENT I, John Munzenrieder, as authorized agent for Petition V-92-28, ~gree to the following stipulations requested by the Collier CQunty Planning Commission in their public hearing on January 21, 1993. PLANNING: A. All Oak Trees located outside of the building envelope, as deph:ted on Exhibit "A", shall be preserved. b. All Cabbage Palms on site shall be preserved or transplanted. STATE OF FLORIOA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this. .:L{.. !: day ot .;L~A)~""~~ ' 1993 by JC'~,..." D HUl.Jlf-iVRI~D,c..e.. , whe--+s-- P'-:"'~61.all} J r-.o tJ te -", OF who has produced fL.. t>h.. rn5d5 -l./{'C/-S?-<:l9? as identification and who ~ (did not) take an oath. ~~'" q () ;;:,~- (5 gnature of Notary PUblic) M,J('IhA /J,fO'AJC--- NOTARY PUBLIC Commission I r!!' c9. (J17>- / My Commission F :plres: ?/::;....Y/9 ~ .. -. - ---- . --..----- . -... t ""'lIMA A DOOm NOT^~Y Neue. SiATE 0:: Pt.o~ro^ CC1MlroCI$SION NO. COU)7J ~CQ;"O'U~1(I:-1 PP, AUG. n.~~ Exhbiit "e" -1- 1001 000 pm 83 STATE OF FLORIDA COUNTY OF COLLIER FEBRcARY 23, 1993 ~~~CPC me this ~ /sr , who 1s- The foregoing Agreement Sheet was acknowledged before day ot ::J... AJ.... lOR. 1 ' 1993 by f!(~11 AJ. TH~ 1A.1f-; -\ f? personally known to me or who ha3 produc~ ~a idQntlf4oa~iorr-and who di~ (did not) take an oath. L-n PW a ALA?>'-~~ ~lgna~r~ of Notary PUblIC) ;lh~/J7" /7 .7"" .c/o: NOTARY PUBLIC Commission I e~ .;l/./'17J-- My Commission Expires: rh yAc. NOlUdA A IOONE N(1fAXf pUIUC Sf An Of nmID^ OJMl'l'lSION NO. COl>972 _'~~N..-vft A\JG.221996 Io<YCO"~~ OM. V-92-2B AGREEMENT SHEET nb{9032 lOOK OCU PIGl 84 -2-