Agenda Item 9
Meeting of 5/17/06
RESOLUTION 06-11227
A RESOLUTION DETERMINING VARIANCE PETITION 06-V4 FROM SECTION 110-45(a)(2) OF
THE CODE OF ORDINANCES OF THE CITY OF NAPLES, WHICH REQUIRES SWIMMING POOLS
TO BE AT LEAST 15’ FROM THE REAR PROPERTY LINE, IN ORDER TO PERMIT THE
CONSTRUCTION OF A POOL TO ENCROACH 5 FEET 2 INCHES INTO THE REQUIRED REAR
YARD, AT 850 SEVENTH STREET SOUTH, MORE PARTICULARLY DESCRIBED HEREIN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Section 110-45(a)(2) of the Code of Ordinances of the City of
Naples requires swimming pools to be located at least 15 feet
from the rear lot line; and
WHEREAS,
Flavio and Elaine Galasso are the owners of the property; and
WHEREAS,
the petitioner has requested a variance from said setback
restriction in order to allow a pool to encroach 5 feet 2 inches
into the required rear yard located at 850 Seventh Street South;
and
WHEREAS,
the Planning Advisory Board, following an advertised public
hearing, considered public input, the recommendation of the
staff, and the standards and guidelines of Subsection 86-205,
“Variances,” and recommended by a vote of 4 to 2 that Variance
Petition 06-V4 be denied, finding that the criteria had not been
met; and
WHEREAS,
after considering the recommendation of the Planning Advisory
Board and after providing the petitioner, staff and the public an
opportunity to present testimony and evidence, the City Council
finds that the criteria set forth in Section 86-205 of the
Comprehensive Development Code for variances have not been met
and that the petition should be denied;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1.
That Variance Petition 06-V4 is hereby denied from Subsection
110-45(a)(2) of the Code of Ordinances of the City of Naples,
which requires that pools be at least 15 feet from the rear lot
line to allow a pool to encroach 5 feet 2 inches into the
required rear yard located at 850 7th Street South, more
particularly described as:
THE SOUTH 50 FEET OF LOTS 1,2,3,AND 4 AND THE EAST 9.67
FEET OF THE SOUTH 50 FEET OF LOT 5, AND THE NORTH 10 FEET
OF THE EAST 143 FEET OF THE VACATED EAST WEST ALLEY
ADJACENT THERETO, BLOCK 12, TIER 7, PLAN OF NAPLES,
RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
Section
2.
That denial of this variance petition is based on the
recommendation contained in the staff report, a copy of which is
attached.
Resolution 06-11227
Section 3.
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This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,
FLORIDA THIS 17TH DAY OF MAY, 2006.
_____________________________
Bill Barnett, Mayor
Attest:
Approved as to form and legality:
_________________________
Tara A. Norman, City Clerk
_____________________________
Robert D. Pritt, City Attorney
M:\REF\COUNCIL\RES\2006\06-11227
Date filed with City Clerk:__________________
Resolution 06-11227
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