Resolution 2009-061
RESOLUTION 2009 - 61
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER ADA-2007-AR-12313 WHICH
APPEALED SC-07-02, A STAFF CLARIFICATION OF THE METHOD
OF MEASUREMENT OF FRONT YARD SETBACKS, AS APPLIED
TO 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 establishing front yard
setbacks; and
WHEREAS, County Staff applied the Chord method of measurement to establish front
yard setbacks on Lot 28 within the Olde Cypress Unit Three, a lot abutting a cul-de-sac; and
WHEREAS, SC-07-02 was issued on August 21, 2007, after the issuance of the building
permit for Lot 28; and
WHEREAS, the Petitioner, owner of Lot 29 immediately west of Lot 28, duly appealed
to the Collier County Board of Zoning Appeals SC-07-02 and the decision of County Staff to
apply the Chord measurement resulting in a front yard setback of less than 18 feet contrary to the
minimum 18-foot setback set forth in the Collier County Land Development Code; and
WHEREAS, this appeal is timely as to the appeal of the Staff Clarification, and it is not
timely as to the issuance of the building permit.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
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Petition Number ADA-2007-AR-12313, appealing SC-07-02, filed on behalf of the S.
Melissa Ross Trust (Melissa Showalter, 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 J.D. No. 64625005581
is hereby GRANTED.
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.
ATTEST;
DWIGHT E. BROCK; CLERK
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By: J Vv < c,,,-;. "'.- ,I _ <.JL-~
, l)eputYiClerk
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Approved as to form
and legal sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By ~n~ d~
DO A FIALA, CHAIRMAN
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Steven T. Williams
Assistant County Attorney
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