Resolution 2008-274
RESOLUTION 08-274
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO OFFICIAL
INTERPRET A TION INTP-2008-AR-12880, DENYING THE
APPEAL OF CRAIG GRIDER AND AMBER GRIDER AND
APPLYING SETBACKS OF 25 FEET FOR STRUCTURES ON
PROPERTIES BORDERING PRESERVES WITHIN OLDE
CYPRESS PLANNED UNIT DEVELOPMENT, IN SECTION
21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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. 2004-41, as amended) which includes Section 1O.02.02.F., wherein the Zoning
Director is authorized to make official interpretations of the Land Development Code at the
request of a government agency or department; and
WHEREAS, the Co1\ier County Board of County Commissioners has requested that the
Zoning Director issue an official interpretation of the Land Development Code with regard to the
legal preserve setback requirement with respect to those properties which are adjacent to
preserves within the Olde Cypress Planned Unit Development; and
WHEREAS, the Director of the Collier County Department of Zoning and Land
Development Review issued an official interpretation dated March 17, 2008 (the "Official
Interpretation"), that "structures located on properties which are adjacent to protected preserve
areas in the Olde Cypress POO are subject to ... a preserve setback for a distance of 25 feet for
principle structures and 10 feet for accessory structures;" and
WHEREAS, Margaret L. Cooper of Jones, Foster, Johnson & Stubbs, P.A., representing
Craig Grider and Amber Grider, filed Appeal No. ADA-2008-AR-13212 appealing the Official
Interpretation to the Board of Zoning Appeals (the "Appeal"); and
Page I of2
--~-,.",...- --.".--.-. '''--'-'''' -'---..,-_.-
~----
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a 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:
For the reasons set forth in the record, the Board of Zoning Appeals affirms the Official
Interpretation, and Appeal No. ADA 2008-AR-13212 is hereby denied. The Board finds that
there was competent and substantial evidence to arrive at the conclusions of the Official
Interpretation.
The Board of Zoning Appeals hereby further finds that the Official Interpretation of the
Collier County Department of Zoning and Land Development Review is consistent with the
Collier County Land Development Code, the Olde Cypress Planned Unit Development
Ordinance No. 99-27, as amended, and the Collier County Growth Management Plan.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second, and majority vote, this \<:>~ay of
S~?\"yY\ ~_v- ,2008.
, " . ~'~H'f)
~ . ''If'~ "
AJ'lif!ST,: .' '. C;>A'. BOARD OF ZONING APPEALS
ri%..igh~ ~.Brocl, Ct$RK COLLIER COUNTY, FLORIDA
" ~ ,,"', , {
. t'"_ '. ,. .'. ..
," . -... ~
" ~
. .
By:
TOM"H NNING, CHAIRMA
Jeffj A.
Cou y At
CP\07 -CED-003 Grider Appeal\ResoDenyingAppeal-HF AC
Page 2 of2
._.~ n,,'. ~.._~_..,_.___ .~___.~..._~." ".'_ _"___.