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Resolution 1980-254 November 18, 1980 BOO( 057 PACE33f RESOLUTION 80- 254 RELATING TO PETITION NO. CCCL-80-9C, FOR A VARIANCE FROH TilE COASTAL CONSTRUCTION CONTROL LINE AS REQUIRED DY ORDINl\NCE 75-19 tffiEREAS, Bruce Green and Associates, Inc. has reguested a variance from the Coastal Construction Control Line as re- quired in Ordinance 75-19 for the purpose of construction of a condominium on the following described property. LEGAL DESCRIPTION Lots 19 and 20, Block "A", Unit No.1, Conner's Vanderbilt Deach Estates. WlIERF.AS, the Community Develo~ent Administrator and the Environmental Consultant have reviewed said petition and have made a determination that the granting of ~aid petition is consistent with the requirements of Ordinance 75-19; and h~EREAS, the Board of County Commissioners has made a finding that the granting of this petition is consistent with the intent and purpose of Ordinance 75-19; NOW, THEREFORE BE IT RESOLVED by the Board of County COtil.l-ni:ssicnc:.:= of Col1i~r t:"t1nty, Fl'1rida, that Peti~ion CCCL-80-9C be and the same is granted subject to the conditions shown on Exhibit l.dated October 9, 1980 and bearing the signa- ture of Jay L. Harmic, Ph.D., County Environmental Consultant, and subject to the following. 1. The granting of the variance is to permit the construction of a condominium, part.of which will extend approximately 47 feet seaward of the es- tablished Coastal Construction Control Line. 2. Any sea oats and/or sea grape plants existing in the variance area will be transplanted seaward of the variance area. 3. No sand or fill material will be removed from the proj ect arca. 4. No equipment or construction material will be stored soawnrd of the variance area. r--1 I November 18, 1980 5. No portion of the building or accessory USes to the buildin(l will extend beyond the variance lines granted for the condominium immediately to the north and the variance line granted for the condo- minium on the fourth lot south of the requested vari- ance. 6. The granting of tha variance complies with the general intent and purpose of Ordinance 75-19. 7. Any required variance from the zoning requirements must be requested by the petitioner and processed through the Board of Zoning Appeals as provided by law. 8. The granting of this variance shall not be valid unless the petitioner receives A variance from the State Cabinot from the S"ate Regulations governing the Coastal Construction Control Line. DE ,IT .FURTHER RESOLVED, that this Resolution be recorded in the minutcs of this Board. Commissionor Wimer offered the foregoing Resolution and moved. its adoption, seconded by Commissioner Brown and upon roll call the vote was, AYES, Commissioners Wimer, Drown, Kruse And Pistor NAYS, Commissioner Wenzel ABSENT AND NOT VOTING, None ABSTENTION: None Done this l8th day of November , 1980. .....A.irEST' . .",'\~:);~~~!U' t2, .... .,' ,/'1 ,...... ,... \' ~... . ,., . .' ~ ' ' -: ,.' ~, , '.~~. ,I, " " r(",.......'.,._..I';....:. ."f:; of " ',," . " ..~... ,) ',' \,' I ". ..t\\; S.'/1'I~\)) BOARD OF COUNTY COLLIER COUNTY, BY, /~I!.,- ./ BOOK 057 rm332 BOOK 057 PAce 333 ~t t : ~! . , ,r', i,l , 11:1 1'1 ~, :( ~l ljl II? ' . "1 I to .. I " \ ...... '.~ '\' "~ G 'ot.... !~ " c " , . ;> . r ,. , 1 ~ I . " . . . , . '.'-1'; . !II It' .2 ,. ,rl Iii . I I ;' II II'u I r hf j. I I I ir"j I" I" IJ II !. !. II !l i' i- I! J! C":l I' I' C":l CJ t ~n . r- 1\1, I ::1,. iHI -,., CO .. "'1 'r' t ~ I. 0 ' ' t')i ' ' I . ~ . i'l II,I ,o.j, II! (;";. 'I-! ' '1. , .... I!,' .......... /--''':\'''. - -, -'-II r"Ak:.T-h . ~ iii I :::..'::'~ . '/ . ... .... -. .. a I i , ;11. I in+,-'- ..-]'.lz:r(....~.".. t ;!i '. : 1$1:'.11" ~!lll:~" ~ i i}&~~J ~:l 'l ,_.. 1 to. I._.'_'''~' ,.".. .... ,. I I II . I~' ' I r I .. "I /" , , I . ~~ I " I" I .\, I ~ Novombor l8, 1980 ~ " .. . . " ,. " . 'I. I to .,' t - ~ t o '0 I :. ~l I ~ ; o I ~ ~ (..i I 'i /' i i , /... IJ' I I' ,. . wn' .... ..." -- . . · t . I . .. ~ ~ . . I ~ ----------- . . . 1 - ------------: f . . . I . I . .1-- I . .. ,., -- , . . , j , ~ 0 f> . " .. to I I 1 0 , I ~ I J n j I . . ~ 1 ~~~~~~:o~ tA~~~z _dofMtcwy Ia Iblo d_ _.. .-I,,", < [....." ,. ii;, .;'~. \>i. .;i:'i~ ~. '].'/ t'.t~' .'iJ!1 .]1.' '~ 11.,.; ~< f I. , . . . :,:,):, \/,r ;:f ,! ~< '~' [".:.) l_-.J I_.J Naplea, Florida, November l8, 1980 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of C~llier, and also acting as the Governin~ Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A,M, in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: John A, Pis tor VICE-CHAIRMAN: Clifford Wenzel C,R, "Russ" Wimer MAry-Frances Kruse David C, Brown ALSO PRESENT: William J, Reagan, Clerk; Harold L, lIall, Chief Deputy Clerk/Fiscal Officer; Elinor M, Skinner and Edne Brenneman (10:40 A,M,), Deputy Clerks; C, William Norman, County Maneger; Irving Berzon, Utilities Division Director; Danny Crew, . Planning Director; Jeffory Perry, Zoning Director; Dr, Jay lIarmic, Environmental Consultant; Clifford Barksdale, Public Works Ad- mini.trator/En~ineer; Donald A, Pickworth, County Attorney; Terry Virta, Community Development Administrator; Lee Layne, Planner: Mary Morgan, Administrative Aide to the Board; Deputy Chief Raymond Barnett, Sheriff's Department, BO~~ 057 PACE 316 , -"'t'J. Italicn dnnotao Homo tl,at wiU bo ;'aql/aoh,! to b. addod to at tho boginning I/ndo~ "ApprovaZ of Agonda", BOARO OF COUNTY COMMISSIONERS BOOK 057 PACE 317 AGENOA Nevember Ill, 19BO NOTICE: ALL PERS~NS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD, REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL 8E HEARD UNDER "PUBLIC PETITIONS" AT 11 :00 A,M, ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEEO TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS, IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2, PLEDGE OF ALLEGIANCE 3, APPROVAL OF AGENDA 4, APPROVAL OF MINUTES: 5. PRDCLAMATIDN ANO PRESENTATION OF AWARD~ 6. SOCIAL SERVICES 7, ADVERTISED PUBLIC HEARINGS A, Tentative apportionment of cost of assessable improvements for the Water Jistribution System. (Utilities) ~. Petition CCCL-BO-9-C; Bruce Green & Associates, Inc: requesting a variance from the Coastal Construction Control Line for property located on Lots 19 and 20, Block "A", Unit I, Conner's Vanderbil~ Beach Estates, (Community Development) C, Petition NZ-BO-14-C, Planning Department: requesting amendment to Section 9, Ordinance 76-30, by adding a paragraph II, OCT" Critical Treatment Overlay District, special regulations for areas of environmental sensitivity, (Planning) (ContinI/ad to 12/2/80 Agenda) 0, Petition FDPO-80-V-13, Kidd Construction: requesting approval of a variance from the minimum base flood elevation requ.ir.ed.by the..~loQd.Damage Prevention Ordinance,for. ".,. .,'.- .... prop e rtyl 0 ca t ed"","o1\" UH 17 .- 1rl1ic:'k..46-, 'Un it. 6 ;.. Naples- -Pa r k.' ...",-.':-..... Subdivision. (Planning) '~.i~.":lr.:'(~#:~';"'" : _': E, Petition FDPD-80-V-14, Ronald Hartman: .requesting approval of a variance from the minimum base flood elevation required by the Flood vdmage Prevention Ordinance for property located on Let 21, Bleck 4S, Unit 6, Naples Park Subdivisien, (Planning) I r......, .~.tl' ;.: .,.\' .. .~~ \" l\~. 'iT .~ ,~,~ f~ };: ,N ~ ~. I~ p.,~ ,,;; {\~ ~,~ ,~~ November lB. 1980 RESOLUTION BO-254 RE PETITION CCCL-BO-9C, BRUCE GREEN & ASSOCIATES, INC" REQUESTING A VARIANCE FROM TilE COASTAL CONSTRUCTION CONTROL LINE FOR PROPERTY LOCATED ON LOTS 19 {\ND 20, OLOCK "A", UNIT 1, CONNER'S VANDERBILT BRACH EST1\.TES- ADOPTED Legal notice having been published in thQ Naples Daily News on November 2, 19BO as evidenced by Affidavit of Publ,cation filed with the Clerk, public hearing was held to consider a proposed resolution with regard to Petition CCCL-BO-9C, filed by Bruce Green' Associates, Inc., for Francoeur, Company, Inc., requesting a variance from the COAstal Construction Control Line for property located on lots 19 and 20, Block "A", Unit 1, Conner's Vanderbilt Beach Estates. Dr, Jay Harmic, Environmental Consultant, identified the location of the property On an overhasd map 8tati~q that the requested variance for the condominium is ~arked in red. He noted previous variances have been granted for the condominium immediately north of the property in question and for a con- dominium on the fourth lot south of the requested variance. He identified a narrow eXisting seawall in front of the proposed variance. Dr. narmic stated that, on the basis of the previously qranted variances and tho exist':ng 'seawall, and because there is no significant veqetation involved, he would recommend approval of PetitiM CCCL-aO-9C, lie aaid Hr, Bruce Green of Bruce Green & Associates, Inc., was present to represent the petitioner and to respond to questions, if any, from the Board. Mr. Green stated that the variance that is being requested lies upland of the variances which havQ already been granted. In response to Commissioner Wimer, Mr. Green stated there will be no additions to the seawall and that the variance would envelope the building, Mr. Carl Gilzow, President of the Vanderbilt Deach Property Owners Association, stated ha feals the real question before the Doard tOday is not the requested variance, but rather the reasons why the COAstal Construction Control Line !O~K 057 rm328 ."'''':';.' >. 101! 057 PACE329 November lB, 19BO Ordinance 75-19 waD adopted and whether said Ordinance should remain "on the books". He stated it was useless to stand before the Doard and prescnt arguments against a variance when variances havo already been granted north and south of the property in question. He asked the Doard to reconsider the purposc and intent of tho aforementioned law and noted that if these factors are no longer applicable, the law should be rescinded. Since it is Mr. Gilzowls view that the property was purchased with the expectation of being granted a variance which would enable development of said property, he stated that, in his opinion, granting a variance would be defeating a law, which he feclo should be enforced. Another point Mr. Gilzow stressed is. the fact that there is a 10' beach access on the north side of Lot 20, between Lots 20 and 21. He asked if this beach access will be waived by the Board as was done recently by the Board in a similar situation. Mr. Gilzow stated the petitioner did not state what the actual di3ta~ce would be fro~ the ~etback line to the proposcd new line. It was Mr. Gilzow's view that the assurance by the petitioner that the condominium will no~ be placed forward at nearby approved condominiums leads him to believe that Ordinance 75-19 means nothing. It was his opinion that the Vanderbilt Beach area is already becoming a solid line of condominiums from the north to the south, which obstructs the view of the beach greatly, and this is an undesirable condition. Mr. Gilzow suggested that the Board consider the following points: 1. The Conunissioners should do "some soul searChing" and decide upon the purpose and intent of CCCL Ordinance 75-19. 2. The Board members should consider the above factors in relation to today's society and existing conditions. . I t~ November lB, 19BO 3, If the law is still relevant and applicable, enforce: the law. 4. If the law is no longer valid, remove said law and save everyone a lot of time and aggravation. He asked that the ordinance be reviewed, and he thanked the Commissioners for their consideration. Chairman Pistor explained to Hr. Gilzow that the petitioner is requesting a distance of 471 seaward of the established Coastal Construction Control Line and the aforementioned easement has dofi~itely been shown in the Executive Summary. Mr. Cilzow expreBsed a sincere hope that the beach access will be p-e.erved, Being advised that there ware no additional persons registered to address the matter, Commissioner Wcmzel moved, seconded by Commissioner Brown, and unanimously carried, that the pUblic hearing be closed, Commissioner Wimer moved, seconded by comrndssioner Brown and carried 4/1, with Commissioner Wenzel opposed, that Resolution R-BO-254, pertaining to Petition CCCL-BO-90, hp I'Idopted. . . . . . . . . . . eoo~ 057 PACE330 ., .f~ .-, '-'.r>"""'."""