Resolution 2009-004
RESOLUTION 09- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY RELATING TO PETITION NUMBER V A-
2008-AR-13568, FOR A VARIANCE FROM THE REQUIRED
15-FOOT REAR SETBACK FOR A SCREEN ENCLOSURE
OVER AN EXISTING POOL AND PATIO OF 14 FEET, 1.25
INCHES AT 540 BALD EAGLE DRIVE, WITHIN THE
NAPLES BATH AND TENNIS CLUB PUD, SECTION 14,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, 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 of a variance from the required 15-foot rear setback for a screen
enclosure of 14 feet, 1.25 inches for an existing pool and patio as shown on the attached site plan
Exhibit "A", in the Naples Bath and Tennis Club PUD (Ordinance No. 81-61) at 540 Bald eagle
Drive, also referred to as Lot 20, Unit B, Section 14, Township 49 South, Range 25 East, Collier
County, Florida, 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 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:
Page I of2
The Petition V A-2008-AR-13568 filed by Clay C. Brooker of Cheffy, Passidomo, Wilson &
Johnson, P.A., representing Robert Oster as Trustee of the Robert Oster Living Trust, with respect to
the real property hereinafter described as:
Family Living Unit No. 20, NAPLES BATH AND TENNIS CLUB, UNIT B,
a Condominium according to the Declaration of Condominium thereof, as
recorded in Official Records Book 632, Pages 179 through 231, of the Public
Records of Collier County, Florida
be and the same hereby is approved for a variance from the required 15-foot rear setback for a pool
and screen enclosure of 14 feet 1.25 inches as shown on the attached site plan, Exhibit "A", of the
Naples Bath and Tennis PUD Zoning District wherein said property is located, subject to the
following conditions:
I. The variance granted is limited to what is depicted and described in the applicant's
site plan, prepared by Barnett Design Studio, Inc., entitled, "Proposal for Screen
Enclosure-Site Plan" last revised as "Screen Submittal" on October 11,2007.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-2008-
AR-13568 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this
/JrJ
day
of 'J(trtcntrr ,2009.
ATTEST:
DWIGI1T E. BROCK, Clerk
By:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~i-irr.
TOM H ~, Chairman
('
Appro1,ied as to fohn" .
and, legafs!lffi9ieiicy.:'
It-7.~;Qt.
Steven T. Williams
Assistant County Attorney
Attachment: Site Plan
Page 2 of2
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V A-2008-AR
-13568
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Exhibit A