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Resolution 2010-047 RESOLUTION NO. 10- 47 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER V A-PL-2009-37, FOR A VARIANCE FROM THE REQUIRED FRONT YARD AND SIDE YARD SETBACKS OF LAND DEVELOPMENT CODE SUBSECTION 4.02.01, TABLE 2.1 RELATING TO GUY LINES OF A COMMUNICATIONS TOWER LOCATED IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, 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 ofthe 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 front yard and side yard setback requirements of Land Development Code Subsection 4.02.01, Table 2.1 in the Estates (E) zoning district for the property located at 5860 Crews Road in Section 8, Township 50 South, Range 26 East, Collier County, Florida and more particularly described in Exhibit "C" attached hereto and incorporated herein, 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 4.02.01, Table 2.1 of said Land Development Code of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board 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: FLO TV V A-PL-2009-37 REV. 01/20/10 10f2 Petition Number V A-PL-2009-37 filed by Kimberly J. Madison, Esquire of Ruden, McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Inc. with respect to the subject property, be and the same is hereby approved for a variance from the front and side yard setback requirements of the Land Development Code, Subsection 4.02.01, Table 2.1, to allow a variance of 55.7 feet from the 75-foot front yard setback requirements, thus permitting a setback of 19.3 feet and variances of 22.3 feet and 22.6 feet from the 30-foot side yard setback requirements, thus permitting setbacks of 7.7 feet and 7.4 feet in the Estates (E) zoning district wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-PL- 2009-37 be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this 2.3 day of ~2010. ATTEST:" . ,~ '\ ' ~~~K k '~.:' . ".' ..... .... '~:.'. ". .~: . () r.. (Vf() . - .::".' '~,:,',< 'c ".'t.~\~, -'-,~,~ .t - '..' .~. . ".,>~tt.S-('.&l~~1& . , .t~.t'"::~) .. '1.1,; .. !:;~!?~ :~> '_~ ~ Approved' as' to form and legal sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BYJuJ-W. (~ FRED W. COYLE, . irman () QL ~7.L0 . Steven T. Williams r:ft~ Assistant County Attorney I'~O'( 0 Attachments: Exhibit "A" - Master Plan Exhibit "B" - Conditions Exhibit "C" - Legal Description 09-CPS-00963\12 FLO TV V A-PL-2009-37 REV. 01120/10 20f2 >-- w >3 IY= ~!I iL~ f- I~ ~ ...J .~ I 51;- CO)I II U). . <( li , I I~ ~. ,: ii.i~'1 III ~;:i!!; I . -th9h I . iil .1. I ill . I I il" 'M' ~' I !! ill i I ~!d!1 I ~ iI. ~ II (, ,. I I~.. 'I' I, of I it' I~ ( I :~~ I dll"f~. I ! i I ,tiP. ! 13! i ~ I~, I ~, I ; I ~ I l!ii!ls. ql - p.!~ ,1~11ii I .. 5 I if it 'u !RIG i:li~ft I .,( F.li~ Is..1 :1'1. . ~ . I . I Ii m e; -I i ,--1-11'1 I ::: i13: 13;1 idll F! !III~ -I, .! .. .I~ lit ~ 1'.iI !iHnll5 j ~ ; .: ,,1111 II 13 1'1 Htll t :iiiPd II ~PI" 11.1'11' ~ i~tiIU, !~.~_ _ I : I 1ft' I!: ~ , I~I I~ Ii! Ii I~ d :~ ~ II~ ! 1/ . ~ IlL. ., I . I , :w; .- ~ " u i. iil I .~b i _r" . .. il . 1MI'1oMt..._IP...--'....... __I .1lIIIr__""._.........c tH.W .. ... ..- - .. \ ~ .. i \ I~ I! ~ !II. .. II~ \ 2ii i-Ii ....5 II ... ~ .. "" '\ it ~i :1. 'Ii ~I __.'M._lA._K--~.1lC ........ ,,.. . _ -...eMf V-" __ _Ie -I! ,I I I 1 ~ I J II . I~~I I ~ ;~ I ~ ,r I ~ nl~~ I I.' I ,'r! I i II III m I -I .1 \ In ' 'j . . r~ '. I. '1 ,. b \ \-.. '-....... ..., ;1 l!Jj " ~~ ii 10b ~~ U Exhibit A : lh It ! I ; ; g ! illlJ -~~ ! f!f!ll'l h 1 I! "'8 ~ ~ [.1J~ liB; I: ~ z- ;1B;a I I -g "5 ..J:;:: ~~ ~., I~!:!I ~~J 8 i [.1Ja: .. i ill I o~ I ! I II " I II!I iIM'1'111 (11111.5,_1 ali 11'I'i ~ unnll; ~ 11I111I '1 .0 .III-P -I'~' -. II il!t~JII dl~iI! !IIII, :I~lil h'. , j<!lhl -; ~ 1~11.~1. ~lIi ~ I iZlI ii9i. Exhibit B CONDITIONS OF APPROVAL V A-PL-2009-037 September 24, 2009 1. The Variances granted shall be strictly limited to the front and side yard encroachments of the guy lines and their support anchors, as depicted in the applicant's submitted survey, dated September 18, 2008, included as Exhibit A. 2. All of the guy line anchors on the site shall be enclosed by a fence. LEGAL DESCRIPTION Property located in Collier, FL TIle West one-half (W !It) of the Northwest one-quarter (NW Y-.) of the Southeast one-quarter (SE 1,4) of the Southeast one-quarter (Sf: 1,4) of Section 8, Township 50 South, Range 26 East, Collier County Florida, also known as Tract No. 20, Enchanted Acres, less the South 30 feet for road right-of-way purposes. AND BEING the same property conveyed to Renda Broadcasting Corporation, a Pennsylvania corporation from Sterling Communication Corporation, a Florida cOrp<lration by Warranty Deed dated January 13. 1999 and recorded J nnuary 20, 1999 in Deed Book 2503, Page 1624. Tax Parcel No. 00405160008 RM:6J.42S36:l Exhibit C