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Ordinance 73-10ORDINANCE NO. 73 - 10 AN ORDINANCE OF THE COUNTY OF COLLIER AMENDING ORDINANCE NO. 73-5 BY PROVIDING FOR AN ADDITIONAL ALLOWABLE VARIANCE TO ALLOW CONSTRUCTION A MINIMUM OF 75 FEET FROM THE CURRENT MEAN HIGH-WATER LINE OR 25 FEET FROM THE CURRENT VEGETATION LINE, WHICHEVER IS GREATER, UPON LOTS LESS THAN 300 FEET DEEP IN SUBDIVISIONS PLATTED IN ACCORDANCE WITH CHAPTER 177 OF THE FLORIDA STATUTES AND THE SUBDIVISION REGULATIONS OF COLLIER COUNTY, FLORIDA PRIOR TO APRIL 3, 1973. BE IT HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION.iONE: THAT Paragraph 2. of Section Two of Ordinance No. 73-5 be amended to read as follows: "2. Right of Appeal and Variance. In any case where the applicant desires to appeal an administrative determination or a variance as to the construction setback line made under the provisions of this Ordinance, such appeal or variance application shall be filed with the Board of Zoning Appeals and processed in accordance with Chapter 28 and the terms of Section 28-14 of the Code of Collier County, Florida. Each exception, or variance, is subject to affirmative evidence provided by the applicant, at an advertised public hearing, that any construction line established hereunder; (a) Is a minimum of fifty (50) feet landward of any vegetation line that has existed on the applicant's property within the past twenty (20) years; and that considering ground elevations in relation to historical storm tides and predicted maximum wave Uprush, that the general public health and welfare are preserved, upland properties protected and beach and sand dune erosion controlled, or (b) As applied to applicant's property' creates an unnecessary hardship in accordance with the provisions of §28-14 of the Collier County Code. Upon such finding, the Board may grant a variance in the construction line for said property to a point no greater than 100 feet from the mean high- ~~ water~---~' line or 50 feet from the vegetation line, whichever is ~o~-~ greater. NOTE: If a lot is less than 300 feet deep in a subdivision platted prior to April 3, 1973 in accordance with the pk~t laws of the State of Florida and the Subdivision Regulations of Collier County a maximum variance to 75 feet from the mean high-water line or 25 feet from the natural vegetation line whichever is the more restricted may be granted. The Board shall consider, in determining the extent of the variance to be granted, the adverse effect, if any, on the general public health and welfare, upland properties, sand dunes, natural vegetation and natural beach to be created by the proposed structure or structures considering ground elevations in relation to historical storm tides and predicted maximum wave uprush. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~-----day of July, 1973. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: Margare~ T. Scott ' -'~ C Clerk ~o .~. ,Circuit Court -- ,,~]~j~,.,,.. ",, .F.' Approved as to Form and ~Kality: /.. ~, -,, . ~,~.~,.,~. .~ .,, ,,/~ ......... .~... David Emerson Brunet Collier County Attorney