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Resolution 2012-265RESOLUTION NO. 12- 2 6 5 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2011 -1576, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.7 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 7.5 FEET TO 0 FEET ON PROPERTY LOCATED AT 10090 GULF SHORE DRIVE FOR THE BENEFIT OF 10091 GULF SHORE DRIVE, CONNER'S VANDERBILT BEACH ESTATES 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, 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 variance from Section 5.03.06.E.7 of the Land Development Code to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet 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 and in accordance with Section 9.04.00 of the Zoning Regulations of said 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: Petition Number VA- PL2011 -1576 filed on behalf of Andrew Jaffe by Jeff Rogers of Turrell, Hall and Associates, Inc. with respect to the property hereinafter described as: 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) INSTR 4785436 OR 4874 PG 1962 RECORDED 1/9/2013 4:46 PM PAGES 3 Jaffe Variance NA- PL2011 -1576 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Rev. 12/12/12 1 of 2 COLLIER COUNTY FLORIDA REC $27.00 be and the same hereby is approved for a variance to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet as shown on the attached Exhibit "A ", in the RSF -3 Zoning District, wherein said property is located. BE IT FURTHER RESOLVED that two conditions of approval apply to this variance: (1) that the parcel in question be granted its companion boat dock extension as applied for in BD- PL20110001573; and (2) that the lot containing the corresponding residence obtain a Certificate of Occupancy for building permit number PRBD20120304314. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote this 12th day of December, 2012. ATTEST: BO DWIGHT E. BROCK, CLERK CO By: By: _ it Clerk , Approved as. t form and legal sufficiency: eidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Site Plan CP\ 11- CPS - 01128/30 Jaffe Variance /VA- PL2011 -1576 Rev. 12/12/12 2 of 2 OF ZON APPEALS Z (*);JN , FLORIDA JIA A. HILLER, ESQ. Chairwoman L44 0 ul (A C) a. 0:1 0 0 uj W 0 a. C) ZX rn Z X co all 0 CL UL CL —53 in CM ul V.,[L Z 0 :3 wo am o Exhibit A MA M W 0 z 0 LL, 0 0 ui (D 0 0 - M, XV