Resolution 2005-135
RESOLUTION NO. 05-1~5
RELATING TO PETrTION NUMBER V A-2003-AR-4327
REQUESTING VARIANCES IN TilE VILLAGE
RI:SIDENTIAL (VR) ZONING DISTRICT AS FOLLOWS:
I) FROM TilE MINIMllM LOT AREA REQUIRED FOR
A CONDITIONAL liSE, TO ALLOW AN EXISTING 0.6<)
ACRE SITE TO BE DEVELOPED FOR A CI lURCH; 2)
TO REDUCE THE 35-1'00'1' FRONT YARD SETBACK
TO 20 FEET; 3) TO REDUCE THE 33 PARKING SPACES
TO 19 SPACES; AND 4) TO REDUCE TilE LANDSCAPE
BUFFER ON THE NORTII AND SOUTH PROPERTY
LINES FROM A 15-FOOT TYPE "B" TO A 10-FOOT
WIDE TYPE "13" BUFFER, FOR PROPERTY LOCATED
IN SECTION 4, TOWNSIIIP 47 SOUTH, RANGE 29
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
(Ordinance No. 2004-41, as amended) which establishes regulations Jor the zoning of particular
geographic divisions of the County, among which is the granting of variances; 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 variances to allow development of a church (LDC
94.02.02.E.) as a Conditional Use on an existing tract containing 0.69 acres instead of one acre; to
reduce front yard setback from 35 feet to 20 feet; to reduce the number of parking spaces from 33
to 19 spaces (LDC 94.04.04.G.Tablc 17); and 4) to reduce the landscape buffer on the north and
south property lines from a 15-foot type "13" to a to-foot wide type "13" buffer (LDC 04.06.02
Table 24), as shown on the attached site plan, Exhibit "A", in a Village Residential (VR) Zone f()r
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:
The Petition V A-2003-AR-4327 filed by Rona]d F. Nino, AICI', of Vanasse & Daylor,
representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in
Exhibit "13" attached hereto and incorporated by reference herein, be and the same hereby is
approved for variances in the Village Residential (VR) Zoning District to allow development of a
Page 1 012
church (subject to separate conditional use approval) on an existing tract containing 0.69 acres
instead of one acre; to reduce front yard setback from 35 feet to 20 feet; to reduce the number of
parking spaces from 33 to 19 spaces; and 4) to reduce the landscape buffer on the north and south
property lines from a 15-foot type "13" to a 10-foot wide type "13" buffer, as shown on the attached
site plan, Exhibit "A", subject to the conditions found in Exhibit "C" which is attached hereto and
incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2003-
AR-4327 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
;?J
ki
- day of
h7t11' t! ,h
,2005.
ATTEST:
DWlmIT'INfR;CCK, CLERK
,"'".' . . . . . ~'
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
J
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FRED~~;I~----'
Approved as to Form
and Legal Sufficiency:
~^~~
Patrick G, White
Assistant County Attorney
Exhibits: A. Conceptual Site Plan, entitled, "Tabernacle of Bethlehem," prepared by
Vanasse Daylor, last revised August 26,2003,
B. Legal Description
C. Conditions
Page 2 012
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V A- 2003-AR-4327
Exhibit A
1"/\1 S~ zo I ~ ~OO<:l~OIl~ '&.p vdS-90~OM90Wv\Wr'~I,alc.a\ 8
LEGAL DESCRIPTION
BEGINNING A T THE NORTHEAST CORNER OF THE
'vIEST 380 FEET OF THE EAST 1070 FEET OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTID^, 4, TO'vINSHIP 47
SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA THENCE RUN SOUTH ALONG THE EAST
BOUNDARY LINE OF SAID TRACT 'vIEST 380 FEET
OF THE EAST 1070 FEET TRACT A DISTANCE OF
150 FEET TO THE POINT OF BEGINNING OF TRACT
HEREIN DESCRIBED; THENCE CONTINUING SOUTH
ALONG SAID EAST BOUNDARY LINE OF SAID TRACT
A DISTANCE OF 250 FEET; THENCE RUN 'vIEST 120
FEET; THENCE RUN NORTH 250 FEET, THENCE RUN
EAST 120 FEET TO A POINT OF BEGINNING. SAID
PROPERTY BE:1NG ALSO DESCRIBED AS LOTS 3, 4,
5, 6 AND 7, OF A MAP OF A SUBDIVISlDN
PROPOSED TO BE RECORDED UNDER THE NAME OF
LAKE VIE'vI PROPERTIES.
VA-2003-AR-4327
Exhibit B
CONDITIONS OF APPROVAL
V A-2003-AR-4327
The foregoing variance petition approval is subject to the following conditions:
I, The variances granted are limited to the use of the existing structure for a house of
worship, as depicted and more particularly described in the applicant's site plan entitled,
"Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last
revised December 7, 2004.
2. The yard variance being granted is limited to allowing the encroachments of the existing
building solely for use as a church. Any other conditional use is subject to re-review of
the variance issues.
3, Parking within 3rd Street South right-of-way IS prohibited, All parking must be
contained on-site.
4. No variances have been granted to reduce any buffer requirements except for width or to
provide relief from the requirement to provide a wall along any project boundary,
Buffering materials for the church use must be provided in compliance with the LDC
requirements unless separate administrative variance relief is sought and approved in
compliance with the LDC,
5. No expansion or enlargement of the existing building is permitted.
6. The developer will maximize the subject site's land area to provide additional parking
spaces, up to the maximum number of parking spaces that can be accommodated on the
site, in the area between what is shown on the site plan as "paved aisle" and the western
property boundary,
(Revised February 3, 2005 to incorporate the CCPC recommendation)
EXHIBIT C