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Resolution 1993-128 MAn:H 23, 1993 RESOLUTION NO. 93-~ RELATING TO PETITION NUMBER V-93-1, 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 ..tablish, coordinate and enforce zoning and such business regulations aa 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 1S-foot variance from the required side yard of 3S feet to 20 feet as shown on the attached plot plan, Exhibit "A" in a RMF-16 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 considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of COllier County, Florida, that: The Petition V-93-1 filed by C. Perry Peeples of Harter, Secrest & Emery, representing Eagle Cay Condominium Association, Inc., with r..pect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 15 foot variance from the required side yard ot 35 teet to 20 feet as shown on the attached plot plan, Exhibit "An of the RMF-16 zoning district wherein said property aD OK ~~lli -1- Ml\IOl 23, 1993 is located, subject to the following conditions: Exhibit "C" BE IT RESOLVED that this Resolution relating to Petition Number V-93-1 be recorded in the minutes of this Board. Commissioner W9rr4v offered the foregoing Resolution and moved tor its adoption, seconded by Commissioner Matthews and upon roll call the vote was: AYES: Commissioner Norris, Commissioner Matthews, Commissioner Volpe, Commissioner Constantine, and Commissioner Saunders HAYS: ABSENT AND NOT VOTING: ABSTENTION: day of March , 1993. OF ZONING COUNTY, SUFFICIENCY: /'n-, Actz'" of. ~;.i' A' J- , MARJ E M. S ENT . ASSISTANT COUNTY ATTORNEY V-93-1 RESOLUTION nb/9175 lOOK 000 PlGl115 -2- I ~ !hLl~f 'B~' · I . ~ : . . . . " lLl n~ J~ d 9 ~ ~f~l! MAIOI 23, 1993 -- -- .-. -- .... .... c : I 0 I \.1.1 m 7) :"::'"J "" :,po:J ';22 Cl '-:;. I ., "" a ~ :> '- j '.:?i ~ ~ 3 I : I: }. ~ ~ ~ ~ I I . I -\r t i . , i ; I \ I I I ~ H i I . . ... ~ I . J . I' , Ii, I I 11 ~ ~ I ~ I ~ , .. H.., '" H ~ "'''' " ~ "'e. c I i .1 N 1001 OOO'PIGI116 .. M1\IOI 23, 1993 04 '93 15'51 H'lRlDl.5E0<E5TWERVPLf:s, F'l.. p;z EXHIBIT "n" LEGAL DESCRIPTION FOR EAGU: CAY COIlOOMIIIIUll PIlASE I A parcel ot land lyinq in MARCO BEACH UNIT TEN, accordinq to the plat thereot al recorded in Plat Book 6, paqel 74 through 79 linclu.ive), of the Public Rscord. ot Collier County, Florida and being more particularly dsscribed al followl' Beginning at ths ws.terlymo.t property corner of Lot 33, Block 338 of Marco Beach Unit 10, a. recorded in Plat Book 6, paqes 74 ~~rouqh 79 (i~clulive), ot the PUblic Rscord. of Collier County, Florida J thsncs N 69. 19' 00" ! 200.00 tset, thencs S 20. 41' 00" ! 100.00 test, thsncs S 66. 25' 48" E 472.6Z fssts thsnce S 23. 34' 12" W 159.13 feet, thencs N 66" 25' 48" W 178.00 feet, thence 5 23. 34' 1Z" w 94,78 fe.t, thencs 5 12. 06' 59" ! 120.42 fsets thsncs S 77. 53' 01" W 25.00 teet to a point ot ot a curve to the riqht having a radiul ot 91.00 beinq .ubtended by a chord which bearl N 84. 27' feet, thence alonq the arc of laid curve throuqh a central angle of 35. 17' 52" for 56.06 teet to a point of tangencys thence N 66" 48' IS" W 78.91 t.sts thencs N 07. 31' 51" W 120.08 te.ts thsnc. S ~Z. Z8' 10" W 68.26 tests thence N 85. 38' 16" W 73.73 teet to a point on a CUrve h.ving a radial bearinq of N 85. 38' 16" W, a radiul of 230.00 feet, ..id point .110 being on the Easterly Riqht-of-Way line of Colli.r Court as r.c~rded in the .tors- mentionsd plat of Marco Bsach Unit 10, thence Northwe.terly alonq ths arc of said curve h.vinq a radiul of 230.00 feet, throuqh a centr.l aagls of 25. OZ' 44" and being subtended by a chord which bear. II 08. 09' 38" W 99.74 fest for 100.54 feets thence N 20. 41' 00" W 263.20 fs.t to ths POINT OF BEGINNING. Containinq 4.0 acres more or le.s curvature fe.t and 37" W 55.17 Subject to ...ement., reetrictions, end dedications of record. Bearinq ba.ed on the Plat of Marco Bsach Unit 10 as recorded in Plat Book 6, p.qse 74 through 79, (inclusive). Page 1 - - Exhibit "B" !ODK 000 PlGE 117 ""_"~""O_'__.~.,,_ J.~',~.,_"_"",,,.,_,,,,,,,_,,,,",,_,,,,,,~,,,__,,",","^,~,_,,~__,",,'__-""-d.. - MAn:H 23, 1993 ..'93 1SfS2 ~,~, Fl.. "'.::J EXlIIllI'r 11 LEGAL DESCRIPTION FOR EAGLE CAY CONDOMINIUM PEASE II A parcel of land lying in MARCO BEACH UNIT TEN, according to.thl plat thereof as recorded in plat Book 6, paqe. 74 throuqh 79, (inclusive), of the Public Records of Collier County, Florida Ind being more particularly aescribed as follows I Commencing at the Westsrlymost property corner of Lot 33, Block 338, of Marco Beach Unit 10, as recorded in Plat Book 6, Paqi. 71 through 79 (inclu.ive), of the Public Records of Collier County, Florida, thence S 20" 41' 00" E along the Easterly Right~ot'WIY of Collier court as recorded in the aforementioned plat ot Marc. Beach Unit 10 tor 263.20 feet to the point of curvature ot a curve to the riqht having a. radius of 230.00 feet and biinq subtended. by a chord which bun S 08" 09' 3S" E 99.74 tut, thencs along the arC of said curve through a central anqle of 25' 02' 44" tor 100.54 feet to the POINT OF BEGINNING, thence continue elonq the arc of said curve havinq a radiuI of 230.00 feat and baing eubtended by e chord which bear. S 11" 00' 09" W 53.19 feat, throuqh a central anqls ot 13" 16' 50" for 53.31 feet to a point of t~nqencYl thence S 17" 38' 34" W 79.80 teet, thence S 72" 21" 26" E 704.21 feet, thence N 12" 25' 00" E 342.83 teet, thence N 27" 00' 24" W 100.00 feet, thence N 66" 25' 48" W 127.16 teet, thenca S 23" 34' 12" W 159.83 feet, thence N 66" 25' 48" W 17S.00 teet, thence S 23" 34' 12" W 94.78 teet, thsnce S 12" 06' 59" E 120.42 feet, thence S 77" 53' 01" W 25.00 feet to a point of curvature of a curve to the riqht havin9 a radius of 91.00 feet and being lubtended by a chord which bears N 84" 27' 37" W 55.17 feet, thencs alonq the arc of said curve throuqh a central angle of 35" 17' 52" for 56.06 feet to a point ot tangency; thsnce N 66" 48' 15" W 78.91 feetl thence N 07" 31' 51" W 120.08 festl thencs S 82" 28' 10" W 68.26 teet, thsnce N 85" 38' 16" W 73.73 feet to ths POINT OF BEGINNING, Containing 3.9 acrss more or less Subj ect to easements, rutrictions, and d.ldications of record. Bearings bassd on the plat of Marco Beach Unit 10 as rscordod in Plat Book 6, pages 74 through 79 (inclusive). Page 2 lOOK 000 PAGE 118 r M!\RJI 23, 1993 AGREEMENT :I, C. Perry Peeples, as authorized agent for Petition V-93-l, agree to the following stipulations requested by the Collier County Planning COIIIIIIission in their public hearing on March 4, 1993. 1. This variance authorizes a reduced side yard for only those two carport structures highlighted on Exhibit "A" of the Resolution and as described in the staff report for V-93-1. petC!frA!f- STATE OF FLORIDA COUNTY OF COLLIER The ~eqOi~ Agreement was ackn~le4ged betore me this ~ day of 11A-r; , 19$1 by e. f'CA!Ali, /1:.el'<E5 , who is personally known to me or ~he hAa ~.vd~ccd a. i41j>:R~'(#-f"'2ti~R and who 4W (did not) take an oath. ~~e q e:::-:U;;liC) AJo,em,. /.l~",'..Iv NOTARY PUBLIC Serial/Commission # ee.. ,;}./J9 7.;J..J My Commission Expires: 8,1~/1~ (SEAL) NORMA A IOONE NOTARY PU8UC STATE OF FLOllIOA COMMISSION NO. =15972 WYCOMMISSJONEXP.AUG. 1996 EXHIBIT "CO -1- BOOK 000 pm 119 .,.. <.,' .~".-' i-..1<"-" p..~;..'", :...~f.:'. ;j; t;:/ ~':t - J~ STATE OF FLORIDA COUNTY OF COLLIER MAn:H 23, 1993 Repr~en~~icpc The l2'.8qoin'l Agreement was acknowledged before me this "I'1f. day of "2l:f!!.A ~d.t. , 19~ by F~'; AJ. ~"m"" :r,p. , who i. personally known to 1I1e 0... ..1._ lias as ids"tlf1"aiden and who d!d pt~d1:le~J. (did not) take an oath. (SEAL) NORMA A BOONE NOTAIY roIUC STATE OF FLORID ~NO,a:nsm MY COWMJSI5ION EXP. AUG. 1996 ~~ oata~~ Ah-fdlA A. gaME' NOTARY PUBLIC Serial/Commission # ee. 02;597;}.. My Commission Expires: 7;aOl-/9{, EXHIBIT "C" -2- lOOK oeo PI,E 120