Resolution 2002-007
RESOLUTION NO.02- .!?2
~ 7A
RELATING TO PETITION NUMBER
V A-2001-AR-1207 FOR A V ARlANCE ON
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 (Ordinance 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, 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 a 3D-foot
variance from the required 3D-foot rear yard setback to O-feet and a 5-foot landscape
variance from the required 15 feet to 10 feet for a landscape buffer adjacent to Tamiami
Trial North as shown on the attached plot plan, Exhibit "A", in an "A" Zone for 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 2.7.5 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 VA - 2001- AR -1207 filed by Doug Schroeder, representing
Cocohatchee Nature Center Inc., with respect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 30-foot variance from the required 3D-foot
rear yard setback to O-feet and a 5-foot landscape variance from the required 15 feet to
10 feet for the landscape buffer adjacent to Tamiami Trial North as shown on the
attached plot plan, Exhibit "A", of the Rural Agricultural Zoning District wherein said
property is located, subject to the following conditions:
1. Prior to approval of the Site Development Plan, the landscape plart shall
indicate a hedge, five feet in height, along the southern boundary of the
parcel at ground level.
2, Prior to approval of the Site Development Plan, the landscape plan shall
indicate plantings (leather fern or another plant that will tolerate existing
conditions) at ground level along the north property line.
3. Prior to approval of the Site Development Plan, the landscape plan shall
indicate raised planters with overhanging plants sufficent to cover such
planters located at the ends of each row of parking.
4. Prior to approval of the Site Development Plan, the landscape plan shall
indicate building perimeter plantings a minimum of 5 feet in width.
" 7 A
,,.
BE IT RESOLVED that this Resolution relating to Petition Number
V A-2001-AR-1207 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
.!/-;t:J.-
dayof r1' "'y
, 2002.
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" "ATTEST:
"'"":I)~p~.E. BROCK, Clerk
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Approved as to Form
and Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLIER COUNTY, 0
~ 117 Dh/#/4pt
Marjori M, Student
Assistant County Attorney
V A-2oa '.AR-1207/FRllo
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EXHIBIT ~A"
" 7 A
COCOHA TCHEE NATURE CENTER
LEGAL DESCRIPTION
A parcel ofJand in the NII2 of Section 21, Township 48 South, Range 25 East, CoHier County,
Florida, lying within the Bulkhead Line No.4, as recorded in Bulkhead Plat Book 1, page 16,
Public Records ofeoUier County, Florida, and the Westerly Right of Way line of U.S. Rt.
41 (S.R. 45), more panicularly described as follows: Beginning at the point of beginning of
Bulkhead Line No.4, as recorded in Bulkhead Line PI~t Book 1, Page 16, Public Records of
ColJier County, Florida; run S 73049'13" W, for 281.74 feet, to a point of curvature; thence run
257.08 feet along the arc of the curve, concave to the Northeast, having a radius of 100.00 feet,
and subtended by a chord having a length of 191.91 feet and bearing N 32031'58" W, to a point
of compound curvature; thence run 420.68 feet along the arc of a curve, concave to the
Southeast, having a radius of 500.00 feet, and subtended by a chord having a length of 408.38
feet and bearing N 650]3'02"E, to the point of ending of said Bulkhead Line No.4, said point
lying on the Westerly Right of Way line of U.S. Rt. 4] (S.R. 45); then run S 0040'47" E, aJong
said Right of Way line, for 254.49 feet, to the Point of Beginning.
EXHIBIT liB"
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