Resolution 2009-060
RESOLUTION 2009 - 60
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER ADA-2007-AR-I23I2 WHICH
APPEALED THE GRANTING OF PETITION NUMBER LLA-2007-
AR-12I40, A LOT LINE ADJUSTMENT FOR LOT 28 OF THE OLDE
CYPRESS UNIT THREE PLAT, IN SECTION 21, TOWNSHIP 48
SOUTH, RANGE 26 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 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting lot line
adjustments; and
WHEREAS, the owner of Lot 28 within the O]de Cypress Unit Three plat applied for a
lot line adjustment (LLA) pursuant to LDC Sections 4.03.04 and lO.02.02.B.8; and
WHEREAS, County Staff determined that, pursuant to LDC Sections 4.03.04 and
lO.02.02.B.8, Lot 28 and the Olde Cypress Unit Three plat did qualify for a LLA and therefore
granted the LLA application; and
WHEREAS, the Petitioner, owner of Lot 29 immediately west of Lot 28, duly appealed
the decision of County Staff granting the lot line adjustment pursuant to the Collier County Land
Development Code to the Collier County Board of Zoning Appeals.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
Petition Number ADA-2007-AR-123 12, appealing the County Staff's granting of Petition
Number LLA-2007-AR-12 ]40, filed on behalf of the S. Melissa Ross Trust (Melissa Showalter,
Page I of2
Trustee) by Clay Brooker, Esq., of Cheffy Passidomo Attorneys At Law P.A.., for the property
hereinafter described as:
Lot 28, Tract 5, OLD CYPRESS, UNIT THREE, according to the plat thereof
recorded in Plat Book 32, Pages 84-86 of the Public Records of Collier County
Florida
Property Appraisers Parcel ID No. 64625005581
be, and the appeal is hereby GRANTED to reverse the decision of County Staff to grant a lot line
adjustment for Lot 28 and Subdivision Plat Unit 3 of OIde Cypress, on the following grounds:
1. Pursuant to LDC Sections 4.03.04.A and lO.02.02.B.8.a, the lot line adjustment In
question is found to be a substantial boundary change between adjacent parcels.
2. Pursuant to LDC Sections 4.03.04.D and 10.02.02.B.8.d, the lot line adjustment in
question will affect the development rights or permitted density or intensity of use of the
affected lots.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this 10th day of March,
2009.
':"'r'l
ATTEST: "
DWIGHT E. BROCK, CLERK
BJJ )aQtJ,- r/{v l
'," to:CIII~Pity lerk
Attest", '1-
11onat~ Off.. ,/
Approved as to form
and legal sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By ~,,~ .J~
DON A FIALA, CHAIRMAN
Jf.. 7. w:ill. ~
Steven T. Williams
Assistant County Attorney
....
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