Resolution 1978-110
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e:>llK 042 Pl:,468
July 18, 1978
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RES 0 L UTI 0 N 78-110 "
RELATING TO PETITION NO. CCSL-78-4-C FOR
A VARIANCE FROM THE COASTAL CONSTRUCTION
SETBACK LINE AS REQUIRED BY ORDINANCE
WHEREAS, the petitioner has requested a variance from the
Coastal Construction Setback Line as required in Ordinance
No. 75-19 for the purpose of constructing an apartment building
on the following described property:
Lots 21, 22, Block "A", Connor's Vanderbilt
Beach Estates, Unit 1
WHEREAS, the Community Development Administrator has
reviewed said petition and has made a determination that the
granting of said petition is consistent with the requirements
of Ordinance No. 75-19; and,
ImEREAS, the proposed structures do not encroach upon,
nor extend seaward of the vegetation linel and,
WHEREAS, the petitioner does not propose to construct any
structure seaward of a cORotal construction setback line estab-
lished by existing structures or for structures which will be
constructed in accordance with previous variances granted by
the Board of County Commissioners in the same general area
north of the subject premises,
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Collier County, Florida, that Petition No.
'CCSL-78-4-C be and the same is granted subject to the setback
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line shown on the attached plans dated May 31, 1978 and bearing
the signature of Neno J. Spagna, DPA, Community Development
Administrator, and subject to the following:
1. The granting of the petition will permit the
reasonable use of the subject property in
accordance with the RT District regUlations.
2. The granting of the petition will permit the
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July 18, 1978
location of the proposed structure in line with
the coastal construction setback line established
by existing structures and previously granted
variances for proposed structures which are in
the adjacent,surrounding area.
3. The granting of this variance does not constitute
an approval of the exact location of the struGtures
or any type of waiver of the Zoning Regulations.
4. Any required variance from the zoning requirements
must be requested by the petitioner and processed
through the Board cf Zoning Appeals as provided by
law.
5. The granting of this variance shall not be valid
unless the petitioner receives a variance from the
State Cabinet from the State regulations governing
the Coastal Construction Setback Line.
BE IT FURTHER RESOLVED, that this Resolution be recorded
in the .minutes of this Board.
Commi.ssioner
Archer
offered the foregoing
Resolution and moved its adoption, seconded bY5ommissioner
Wimer
, and upon roll call the vote was:
AYES: Comssioners Archer. Wimer, Wenzel, Pistor and Brown
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTIONS:
DONE this
18th
day of
July
, 1978.
BOARD OF COUNTY COMl1ISSIONERS
COLLIER COUNTY, FLORIDA
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BGOK 042 Pl.::: 469
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B~OK 042 Pl.:;: 470
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July 18;; 1978 .
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EN J. AGN., DP~
Community Development
Administrator
May 31, 1978
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Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously, that the request for the creation of. Sperling
Court Road Improvement District be denied.
CREATION OF THE SMUGGLERS COVE ROAD IMPROVEMENT DISTRICT - DENIED
Legal notice having been published in the Naples Daily News on
June 27, 1978 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was h~ld to consider the creation of the Sperling
Court Road Improvement District. As this roadway Is similiar in every
respect to Sperling Court Road, including the restrictions enumerated
in that public hearing, and as there were no persons registered to
speak, Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously to close the public hearing.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously, to deny the request for the creation of Smugglers
Cove Road Improvement District.
RESOLUTION NO. 78-110 RE PETITION CCSL-78-4-C BY JOSEPH R. LOCKER, JR.
REQUESTING A VARIANCE IN THE COASTAL CONSTRUCTION SETBACK LINE FOR THE
PURPOSE OF CONSTRUCTING A MULTI-FAMILY STRUCTURE ON LOTS 21 AND, 22,
BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT t- ADOPTED
Legal notice having been published in the Naples Star on June
30, 1978 as evidenced by Affidavit of Publication filed with the Clerk,
public hearing was held to consider Petition CCSL-78-4-C by Joseph R.
Locker, Jr. requesting a variance ,in the Coastal Construction Setback
Line for the purpose of constructing a mUlti-family structure on Lots
21 and 22, Block A, Connor's Vanderbilt Beach Estates, Unit 1 and more
generally known as the property located on the west side of Gulf Shore
Drive approximately 600 feet south of LaPlaya Inn and about 1,400 feet
north of Vanderbilt Beach Drive.
Dr. Neno Spagna, Community Development Administrator, presented
the request and stated the granting of the variance will permit the
reasonable use of the premises which would otherwise be unduly re-
stricted; because of the configuration and size of the plotted gulf
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front lots in Connor's Vanderbilt Eeach Estates, it is extremely dif-
ficult to properly utilize the land and adhere to the present coastal
construction setback line and the requested variance will not permit
the construction of any structures to extend seaw4rd beyond the coast-
al construction setback line established by existing structures or by
structures which will be built according to conditions of previously
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approved variances from the coastal construction setback line, He
said the petition had been reviewed by the Planning Staff and approval
of the request was recommended.
There being no persons registered to speak, Commissioner Wenzel
moved seconded by Commissioner Brown and carried unanimously, that the
public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously, to adopt Resolution No. 78-110, approving the
variance as requested in Petition CCSL-78-4-C by Joseph R. Locker, Jr.
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