Resolution 2016-234 RESOLUTION NO. 16—234
A RESOLUTION DENYING PETITION ADA-PL20160002324,
WHICH APPEALED THE ZONING DIRECTOR'S
REVOCATION OF AN ADMINISTRATIVE PARKING
REDUCTION FOR THE BEACH BOX CAFÉ ON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF GULF SHORE
DRIVE AND VANDERBILT BEACH ROAD, IN SECTION 32,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and 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
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, Section 4.05.04 of the Land Development Code sets forth requirements and
standards for required parking, and allows for an administrative parking reduction; and
WHEREAS, on September 22, 2015, Zoning Director Mike Bosi issued Administrative
Parking Reduction APR-PL20150001922 (the APR), reducing the required parking from 47
parking spaces to 16 parking spaces for the Beach Box Café, located at the northeast corner of
Gulf Shore Drive and Vanderbilt Beach Road in Collier County, Florida; and
WHEREAS, at its regular public meeting on April 12, 2016, the Board of County
Commissioners directed staff to re-evaluate the issuance of the APR for Beach Box Café, in
reaction to a public petition made by Anthony P. Pires, Jr., Esq.; and
WHEREAS, the Zoning Director subsequently re-issued the APR for Beach Box Café on
May 18, 2016, based upon which Anthony P. Pires, Jr., Esq., representing a coalition of property
owners, filed Petition ADA-PL20160001347 on June 15, 2016, which appealed the re-issued
APR; and
WHEREAS, on August 12, 2016, the Zoning Director issued a revocation of the APR for
Beach Box Café based on error; and
WHEREAS, Brian O. Cross, Esq., representing Beach Box Café, filed Petition ADA-
PL20160002324 on September 7, 2016, which appealed the revocation of the APR; and
WHEREAS, on October 25, 2016, the Board of County Commissioners, acting as the
Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition
ADA-PL20160002324; and
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WHEREAS, all interested parties have been given the opportunity to be heard by this
Board in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number ADA-PL20160002324, filed by Brian O. Cross, Esq., of Goede,
Adamczyk, DeBoest & Cross, PLLC, on behalf of Vaguna Corporation, owner of Beach Box
Café, is hereby DENIED in accordance with the record of the proceedings of the public hearing
held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on
October 25, 2016.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion to approve the subject appeal failed to
achieve the necessary majority vote for approval, and thus, the appeal is considered denied,
effective on this 25th day of October, 2016.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROC"K. ERK COLLIER COUNTY, FLORIDA
1;4.By: A J. Ey: i�'YhQ
' uty �' Donna Fiala, Chairwoman
Attest as tcleha►rman5 k
signature only.
Approved as to form and legality:
ILJ-f'l
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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