Resolution 1993-564r
DECEMBER 14, 1993
RESOLUTION NO. 93- 56Q
RELATING TO PETITION NUMBER AW -93 -3 FOR A
WAIVER OF A PORTION OF THE SEPARATION
REQUIREMENT BETWEEN AN ESTABLISHMENT WHICH
SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON
PREMISES AND A DAY CARE CENTER FOR PROPERTY
HEREINAFTER DESCRIBED 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 (Ord. No. 91 -102) which establishes regulations for
the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County empowers the Board of Zoning
Appeals to hear requests to waive the minimum separation requirement
between establishments serving alcoholic beverages for consumption on
premises and an established day care center; and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of Collier County further provides the criteria by
which said evaluation to waive all or part of the minimum distance
requirement shall be made; and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of granting the waiver of separation
requirement for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement has been
made concerning all applicable matters required by said regulations and
in accordance with Section 2.6.10.3 of the Land Development Code for
the unincorporated area of Collier County; and
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DECEMBER 14, 1993
WHEREAS, all interested parties have been given an 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 petition AW -93 -3 of Homer Varner represented by Anthony P.
Pires, Jr., with respect to the property hereinafter described as:
EXHIBIT "A"
be and the same hereby is approved for a waiver of 290 feet from the
minimum separation requirement of 500 feet between the above described
property and the lot on which the nearest established day care center
is located, with a resulting required minimum separation requirement of
210 feet.
BE IT RESOLVED that this Resolution relating to Petition Number
AW -93 -3 be recorded in the minutes of this Board.
Commissioner Constantine offered the foregoing
resolution and moved for its adoption, seconded by Commissioner
Commissioner Matthews and upon roll call the vote was:
AYES: Commissioner Constantine, Commissioner Matthews,, Commissioner Norris,
Commissioner Saunders
NAYS:
ABSENT AND NOT VOTING: Commissioner Volpe
ABSTENTION:
Done this t ;i .�iQ� r _ day of December 1993.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, dLERK COLLIE COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
I IAnwQn A i( tsePllnc (j(1 A�+
AASSISTANTMCOUNTY EATTORNEY 6004 UQ PAE YU
AW -93 -3 WAIVER RESOLUTION /mh/10627
-2-
DECEMBER 14, 1993
Legal Description
WTS 1 AND 2. BLOCK NINE, NAPLES MANOR W(FS� AS RECORDED IN
PUT BOOK 3, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND ALSO
A PORTION OF A VACATED DRAINAGE DITCH SHOWN ON SAID PLAT OF
NAPLES MANOR LAKES ADJOINING SAID LOTS 1 AND 2 DESCRIBED
AS FOLLOWS:
FROM THE POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH
BOUNDARY OF NAPLES MANOR LAKES AND THE NORTHEASTERLY RIGHT -
OF -WAY LINE OF U.S. 41 (TAMWMI TRAIL). RUN N 39'31'30r W.
ALONG SAID RIGHT -OF -WAY LINE. FOR 19.43 FEET; THENCE RUN
N 89'57'30' E. ALONG THE SOUTH LINE OF LOTS 1 AND 2, BLOCK
NINE. SAID NAPLES MANOR LAKES. FOR 225.48 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 2; THENCE RUN S 5518'30' W. FOR
28.58 FEET TO A POINT ON SAID SOUTH BOUNDARY OF NAPLES MANOR
LAKES; THENCE RUN S 89'57'30' W. ALONG SAID SOUTH BOUNDARY,
FOR 188.80 FEET TO THE POINT OF BEGINNING.
AND ALSO
A LOT OR PARCEL, OF LAND LYING IN SECTION 32, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLDER COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID
SECTION 32 WITH THE NORTHEASTERLY RIGHT -OF -WAY LINE OF THE
TAMUMI TRAIL (U.S. 41) RUN N 89'57.30' E 188.80 FEET ALONG
FEET TO THE SAID RIG LINE OF HT-OF-WAY R GHT- OFCWAY LINE; THENCESN53 '3 3(f W 147.09
100.00 FEET ALONG THE RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING
SUBJECT TO A DRAINAGE EASEMENT OVER AND ACROSS THE FOLLOWING
DESCRIBED PORTION THEREOF:
FROM THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF SAID
LOT 2. RUN S 58'18'3T W. FOR 30.89 FEET; THENCE N 3731'30" W.
FOR 21.01 FEET TO A POINT ON THE SOUTH LINE OF LOT 2; THENCE
N 89'57'30" E. ALONG SAID SOUTH LINE. FOR 39.66 FEET TO THE
POINT OF BEGINNING.
EiHIBIT nae
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