Resolution 2012-266 RESOLUTION NO. 12- 2 6 6
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA REVERSING THE DECISION OF
THE COLLIER COUNTY PLANNING COMMISSION AND
APPROVING BDE-PL2011-000153 THAT REQUESTED A 19-FOOT
BOAT DOCK EXTENSION OVER THE MAXIMUM 20-FOOT LIMIT
AS PROVIDED IN SECTION 5.03.06 OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE TO ALLOW FOR A 39-FOOT BOAT
DOCK FACILITY ACCOMMODATING TWO VESSELS ON TWO
BOAT SLIPS FOR PROPERTY DESCRIBED AS THE NORTH 50
FEET OF LOT 14, UNIT NO. 1, CONNER'S VANDERBILT BEACH
ESTATES SUBDIVISON, IN SECTION 29, TOWNSHIP 48 SOUTH,
RANGE 25 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 No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, on May 3, 2012, the Collier County Planning Commission heard the petition
and denied the boat dock extension; and
WHEREAS, R. Bruce Anderson, Esquire of Roetzel and Andress LPA, representing
Andrew Jaffe, filed an appeal of the decision of the Planning Commission; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a boat
dock extension as provided in Section 5.03.06 of the Land Development Code to permit a 39-
foot boat dock facility, as shown on the attached Exhibit "A", in the RSF-3 Zoning District for
the property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations
of the Land Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in 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:
The decision of the Collier County Planning Commission is reversed and Petition
Number BDE-PL2011-1573 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and
Associates, Inc. with respect to the property hereinafter described as:
Jaffe Boat Dock Appeal\ADA-PL20120001218 1 of 2
Jaffe Boat Dock Ext.\BDE-PL2011-1573
Rev. 12/12/12
Lot 34, Block A, and the North 50 feet of Lot 14, Block C, Re-subdivision of part
of Unit No. 1, CONNER'S VANDERBILT BEACH ESTATES, according to the
plat thereof as recorded in Plat Book No. 3, Page 18, of the Public Records of
Collier County, Florida(Folio No. 27530160008)
be and the same is hereby approved for a 19-foot extension of a boat dock over the maximum 20-
foot limit to allow for a 39-foot boat dock facility in the RSF-3 zoning district wherein said
property is located, subject to the following condition:
1. The boat dock is only allowed as an accessory use to the residence at 10091
Gulfshore Drive.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this 12th day of
December, 2012.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E._BROCK, CLERK COLLIER COUNTY, FLORIDA
�C • By: ' I Ll
Wan t, Clerk tE 11 ► 41 A A HILLER, ESQ.
sIO Chairwoman
•
(.Jt
Approved as to form and legal sufficiency:
Ck
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Site Plan
CP\12-CPS-01186/10
Jaffe Boat Dock Appeal\ADA-PL20120001218 2 of 2
Jaffe Boat Dock Ext.\BDE-PL2011-1573
Rev. 12/12/12
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