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Resolution 2008-376 RESOLUTION NO. 08-J.1..6. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER V A-2006-AR-II064 REQUESTING VARIANCES FOR A TRELLIS STRUCTURE AS SPECIFIED IN SECTION 2.03.07.L.6. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE V ANDERBIL T BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), AS FOLLOWS: I) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PRINCIPAL RESIDENTIAL STRUCTURE FROM THE REQUIRED y, THE SUM OF THE HEIGHT OF THE TWO BUILDINGS TO ALLOW A 25 FOOT SEPARATION DISTANCE (A REDUCTION OF 25 FEET 4 INCHES); AND 2) FRONT YARD (RIGHT-OF-WAY): FROM THE MINIMUM REQUIRED 30-FOOT FRONT YARD SETBACK FOR THE TRELLIS TO THE NORTH PROPERTY LINE, TO ALLOW A 10 FOOT SETBACK (A REDUCTION OF 20 FEET); AND 3) BUILDING SEPARATION DISTANCE: BETWEEN THE TRELLIS AND THE PROPOSED PUBLIC RESTROOM BUILDING ALONG THE EASTERN PROPERTY LINE (ALONG BLUEBILL AVENUE) STRUCTURE FROM THE REQUIRED Vi THE SUM OF THE HEIGHT OF THE TWO BUILDINGS TO ALLOW A 10 FOOT SEPARATION DISTANCE (A REDUCTION OF 2.5 FEET 4 INCHES) FOR A PROPERTY IN THE RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND THE VANDERBILT BEACH RESIDENTIAL TOURIST OVERLAY DISTRICT (VBRTO), LOCATED AT 11125 GULF SHORE DRIVE ON SOUTHWEST CORNER OF GULF SHORE DRIVE AND BLUEBILL A VENUE 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 (LDC) (Ordinance No. 2004-41, as amended) 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 to allow variances for a trellis structure as specified in section 2.03.07.L.6. of the Collier County Land Development Code (LDC) for a property in the residential tourist (RT) zoning Revised 12/17/08 - VA-2006-AR-II064 (HFAC) Page I of3 district and the Vanderbilt beach residential tourist overlay district (VBRTO), as follows: I) building separation distance: between the trellis and the principal residential structure from the required Vi the sum of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of 20 feet); and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required Vi the sum of the height of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), as shown on the attached site plans, Exhibit" A," for the property hereinafter described in Exhibit "B," 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 Subsection 9.04.00 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 A-2004-AR-lI064 filed by Richard Y ovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. representing VI Ltd. Limited Partnership, successor by merger to VI Partnership Ltd., with respect to the property hereinafter described in Exhibit "8" be and the same hereby is approved for I) building separation distance: between the trellis and the principal residential structure from the required Vi the sum of the height of the two buildings to allow a 25 foot separation distance (a reduction of 25 feet 4 inches); and 2) front yard (right-of-way): from the minimum required 30-foot front yard setback for the trellis to the north property line, to allow a 10 foot setback (a reduction of20 feet); and 3) building separation distance: between the trellis and the proposed public restroom building along the eastern property line (along bluebill avenue) structure from the required y, the sum of the height of the two buildings to allow a 10 foot separation distance (a reduction of 2.5 feet 4 inches) for a property in the Revised 12/17/08 - VA-2006-AR-11064 (HFAC) Page 2 of3 , Residential Tourist (RT) Zoning District and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) as shown on the attached site plans, Exhibit "A," wherein said property is located, subject to the conditions shown in Exhibit "c." BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2006-AR- 11064 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. llo~h dayof~, 2008. Done this ATTE~T,',:: -.~ DW,IGHT E. BROC.I$., Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ; lrman " A ., to 0..1 , 1 OIllltur. 011 r . Approved as to form and legal sufficiency: d)~, A- Clro Heidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A: Site Plans Exhibit B: Legal Description Exhibit C: Conditions of Approval Revised 12/17/08 - V A-2006-AR-11064 (HFAC) Page 3 00 -.-_______11I_.,..""...._.... tP-o:s:< ~~!il~ ..;;>8 Bq~~ ~~~ ' aog<<= Q"Q ~!:!~ "~g ~ n ~ ~~ (lQ '5 ~ . i {il!!, " I _----- ~, rrlr~1 I I _-- I" i~I!1 11'1 II "--", f---- -r1 · fri.!!!: I, fi ~!' _----- ___~~j"...,j. -:~/_ ,mIll' I~ f. t II: --- - .......- : r......... ,If '. 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" "(j ..c:: ,u .~ ~ ~ " ~ "- .E .2 .2 ~ ~ ~ Q) 1) ~ ~ ~ ~ e6l~ i3 l> ~ :1: ~ .... !Q ~ 1l lLJ~ (j~ <:~ :'3; Q:: ~ c, ~ <: ---- Q:: ---- ~ 8 Q:: S2 (j ~ f--.: lLJ lr) It.. C) '" 00 ~ t-- :> iHl ..:l ~ !:l u..,Q <~ ",I"lo ~~a =~~oo 1<00 l:l:i=N~ ~<E--ctJ I..b;iMU\O g~f:j" ~og~ >::;)~Q ~oqopv'WdllS":s~tIOOt/e119'&o,.ro&s-SlIOlI~-~8~i:I\:!) --...J ---- ~ lLJ CJ <9 <8 ~ LEGAL DESCRIPTION ("SCHEDULE A" CHICAGO' TITLE INSURANCE COM~ANY. COMMITMENT No. 240408575. DATED 11/08/04.) LOT 6. AND THE NORTH 100.00 fEET Of LOT 5. BLOCK A. BAKER CARROLL POINT, UNIT NO. 2 AS RECORDEO IN PLAT BOOK 6. PAGE 62. Of THE PUBLIC RECORDS Of COLLIER COUNTY, fLORIDA, BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS: " BEGINNING AT THE NORTHEAST CORNER Of SAID LOT 6. RUN SOUTH 14'49'ZO" EAST 362.09 fEET ALONG THE M::ST RIGHT Of WAY LINE Of' GULf SHORE " DRIVE THENCE NORTH 89'52'20" M::ST 580 fEET MORE. OR LESS, TO THE MEAN HIGH WATER LINE Of THE GULf Of MEXICO; THENCE ,NORTHERty 400 fEET, MORE OR LESS, ALONG SAID MEAN HIGH WA rER LINE TO THE NORTH LINE Of SECTION 29 TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE SOUTH 89'52'20" " "EAST, 36S fEET. MORE OR LESS. ALONG SAID SECTION LINE TO THE M::ST RIGHT Of WAY LINE Of' STATE ROAD 5-646. THENCE SOU1!-1 14'49'20' E, 41.40. fEET ALONG SAID M::ST RIGHT Of WAY LINE: THENCE SOUlll 89'52'20" EAST. 217.29 fEET ALONG THE SOUTH RIGHT Of WA,Y LINE Of SAID STArE ROAD TO THE POINT Of BEGINNING, ".. " , PER "EXHIBIT B, SECTlQN 2", CHICAGO "n,TLE INSURANCE COMPANY. COMMITMENT No. 240408575, DATED 11/08/04.. THE PROPERTY SURVEYED HEREON IS SUBJECT TO THE fOLLOWING MA HERS OF RECORD:' [',J INDICATES EXCEPTIO"; NUMBER ['5J MAnERS SHOWN ON THE PLAT Of' BAKER-CARROLL POINT UNIT NO, 2, A SUBDIVISION RECORDED IN PLA r BOOK 8.. PAGE 62, PUBLIC RECORDS Of COLLIER COUNTY, fLoRIDA. (DEPICTED HEREON~. . ['6J LICENSE AGREEMENT RECORDEO IN OfflCIAL RECORDS BOOK 1724, PAGE 14, PUBLIC RECORDS Of COLLIER COUNTY, fLORIDA. (NOT POSSIBLE TO PLOT) ['7J LICENSE AGREEMENT RECORDEO IN OfFICIAL RECORDS BOOK 1724. PAGE 21. PUBLIC R;CORDS Of COLLIER COUNTY. fLORIDA. (NO! POSSIBLE TO PLOT) ['8J LICENSE AGREEMENT RECORDED IN OfflCIAL RECORDS BOOK 1724. PAGE 28. PUBLIC RECORDS Of COLLIER COUNTY. fLORID A. (NOT POSSIBLE TO PLOT) ['9J rEMPORARY BEACIl R.ESTORATlON EASEMENT GRANTED TO COlliER COUNTY BY INSTRUMENT RECORDED IN OffiCIAL RECORDS BOOK 2069. PAGE 1560, PUBLIC RECORDS" OF COLLIER COUNTY, fLORIDA." (NOT POSSIBLE TO ~n " " ['IDJ TEMPORARY BEACH RESrORATlON EASEMENT GRAN rED TO COLLIER COUNTY BY INSTRUMENT RECORDED IN OFfiCIAL RECORDS BOOK 3634. PAGE 1560, PUBLIC RECORDS Of COLLIER COUf'lTY. fLORIDA, (NOT POSSIBLE ro PLOT) ['15] COASTAL CONSTRUCTION SETBACK LINE, CREATEQ'PURSUANT TO fLORIDA STATUTE 161.053, AS SHOWN IN COASTAL SETBACK LINE BOOI< I, PAGES 1 " THROUGH 69, PUBLIC RECORDS or' COLLIER COUf'lTY. flORIDA. (DEPICTEO ' HEREON) ['16] LEASE BElWEEN VANDERBILT BEACH ASSOCIATION, lTD. AND AMERIVEf'lD' CORPORA nON DArED JANUARY 7, 1998 AS DISCLOSED BY THAT MEMORANDUM Of LEASE RECORDED IN OffiCIAL RECORDS BOOK 2390, PAGE 3197, PUBLIC RECORD5 Of COlliER COUNTY, fLORIDA. (NOT POSSIBLE TO PLOr) . EXHIBIT B CONDITIONS OF APPROVAL V A-2006-AR-l1064 The foregoing variance petition approval is subject to the following condition: The variances granted are limited to what is depicted and limited and more particularly described in the applicant's site plans, prepared by VanasseDaylor entitled, "Moraya Bay Beach Tower Conceptual Site Plan" last revised June 18, 2008 and "Moraya Bay Beach Tower Detail of Setbacks for Variance Request," last revised June 23, 2008, Revised 7/28/08 EXHIBIT C