Resolution 2004-199
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RESOLUTION 04- 199
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING A REQUEST FOR THE
ESTABLISHMENT OF A CHURCH OR OTHER PLACE OF
WORSHIP, CONDITIONAL USE NUMBER "I" IN THE "E"
ESTATES ZONING DISTRICT, PURSUANT TO SECTION 2.2.3.3
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67- I 246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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. 91-102, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of Conditional Use
"1" of Section 2.2.3.3 of the Collier County Land Development Code in the "E" Estates Zone for
a church or other place of worship on the property hereinafter described, and did not make a
recommendation on this petition regarding the provisions and arrangements concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the
Land Development Code for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a 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, identified as CU-2003-AR-4003, filed by Terrance Kepple of Kepple
Engineering representing the Apostolic Assembly of the Faith in Christ Jesus, Inc., with respect
to the property hereinafter described in Exhibit "A" attached hereto and incorporated by
reference herein be and the same is hereby denied for Conditional Use" 1" of Section 2.2.3.3
Collier County Land Development Code in the "E" Estates Zoning District for a church or other
place of worship.
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A
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this 8th day of June, 2004.
ATTEST: ,....
DWIGHT EBJ~.9<Ji;;t;tE;RK
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signatureoan.
Approved as to form and
legal sufficiency:
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Assistant County Attorney
Attachments: Exhibit A - Legal Description
CU-2003-AR-4003/KD/lo
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY ~~ d,t<t~
DONNA' FIALA, CHAIRMAN
Item # LA
Agenda Ci,-~'i)4-
Date
g:~d la"1b-oL!-
Page 2 of 2
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LEGAL DESCPRPTION
The north Y2 of the Southeast V4 of the Southwest Y. of the Northeast V4 of Section 31,
Township 49 South, Range 26 East
LESS:
The west thirty-feet (30) feet reserved for road right-of-way and utilities as recorded in
OR. Book 6110, Page 1989, Public Records of Collier County Florida
CU-2003-AR-4003
Exhibit A
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A