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Backup Documents 04/14/2009 Item # 7A 7A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADYERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) .*.........*..-....-.......-...................--.....**...........-..-.-.-.......-........-..-..-.-..- Originating Dcpt/ Div: CDES./Zoninf! Person: Susan M. Istenes. Alep Date: March 19, 2009 Petition No. (If none, give brief description): ZL TRA-2009-AR- 14174, Mir-Mar pun Petitioner: (Name & Address): Mr. Dwight Nadeau, RWA Inc., 66ID Williow Park Drive, Suite 200, Naples. FL 34109 Name & Address of any person(s) to he notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: Aoril 14. 2009 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ZLTRA-2009.AR-14t74, Mario Castenada, represented by Dwight Nadeau of RWA, Inc., is requesting to appeal ZLTRa2008-AR-13025. The applicant proposed to open a retail clothing store but it was found the use was not specifically identified in the Mir.Mar PUD. The appellant is appealing the staff decision regarding the pennissible uses in the Mir.Mar PUD. The subject property is located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Docs Petition Fec include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Revi wed by; '-'tYl. k~ fil<Jlo7 ision Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .............................................................*...............****...*.****.**......*.. FOR CLERK'S OFFICE USE ONLY: Date Received:~ Date of Public hearing: ~ Date Advertised:~ I z.q 1l?9 _ _'__.n'~'___ ._" ~ _..~..._____.._..M_~._.__..." ..____... ----- Page 1 of2 ,. 7A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, March 19, 2009 4:09 PM To: 'lstenesSusan' Cc: 'RamirezHeather' Subject: RE: Legal Ad for April 14th Bee advertising y'reat. %en wc'f{just go aliead and alfvertise tlie proposed tOJ. %ankyou for your lieCp, )Inn From: Istenes5usan (mailto:5usanlstenes@calliergov.net] Sent: Thursday, March 19, 2009 3:42 PM To: RamirezHeather Cc: Ann P. Jennejahn Subject: RE: Legal Ad far April 14th BCe advertising Yes to the BZA. No ordinance or resolution per the Ally's office. Thanks Susan M. lstenes, Ale?, Director Department of Zoning and Land Development Review From: RamirezHeather Sent: Thursday, March 19, 2009 3:35 PM To: Istenes5usan Cc: Ann P. Jennejahn Subject: FW: Legal Ad for April 14th BCe advertising Susan, This is the BZA right'? Also, is there a Resolution/Ordinance to gO with the legal ad'? ~ ~ ~ . . Heather L. Ramirez Pbl1nin~ 'lcchnicim1 (23i))251~2930 From: Ann p, Jennejahn (mailta:AnnJennejahn@callierclerk.cam] On Behalf Of Minutes and Records Sent: Thursday, March 19,20093:31 PM To: RamirezHeather Subject: RE: Legal Ad for April 14th BCC advertising Hi J{eatlier, CouU you possi6Cy asftSusan if tliis request wouU 6e lieard 6y tlie (jJoard of Zoning )lppeaCs? 3/19/2009 ,..>-"....- -_._",-,-,-_..~.,~-_..'.- ..-.--.-.---"--------- -~-=, _._~._._,,- ." .'..... .' -'-~_.._'- Page 2 of2 1 7A }lny otlier infonnation 'WoulY 6e most lieCpfu[ 'Ifuml0ou for your lieCp, }Inn From: RamirezHeather [mailto:HeatherRamirez@colliergov.netj Sent: Thursday, March 19, 2009 2:56 PM To: Minutes and Records Subject: Legal Ad for April 14th Bee advertising Here is that legal ad [promised you for tomorrow. [do not have a resolution to go with it. [fyou have any questions please Jet me know. Heather Ramirez Planning Technician 252-2930 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic moil to this entity. Instead, contact this office by telephone or in writing. 3/19/2009 _'_.'m - ---_._.._~._----,--------,_.,---_. .-...-,".--..-...... u__.._... '7A NDN Account #068779 March 23,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ZLTRA-2009-AR-14174: Castenada Mir-Mar PUD Appeal Dear Legals: Please advertise the above referenced notice on Sunday, March 29, 2009 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 - --,._---_."--_.._.._._._,--_.._-_...~_.__. .~."._"_....._^--_.,-------_._.,.,.,...,- _..,.,..._~_...v_._~_n.__._'~~,__~___._<_"__.._..___...."'..._.__ I 7A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 14, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ZLTRA-2009-AR-14174, Mario Castenada, represented by Dwight Nadeau of RWA, Ine. / is requesting to appeal ZLTR-2008-AR-13025. The applicant proposed to open a retail clothing store but it was found the use was not specifically identified in the Mir-Mar PUD. The appellant is appealing the staff decision regarding the permissible uses in the Mir-Mar PUD. The subject property is located in Section 27, Township 48 South, Range 27 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made! which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk .. ---~."-"'_'-'.'---'-'-'--_._-""--- . ..__._~.'~.~-, .~_.._-_..- ~ -""",- ~!I7A . COlipi}T',ofCollier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 330 I TAMIAMI ~IL L\ST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor '. Custodian of County Funds ,'- March 23, 2009 Dwight Nadeau RWA, Inc. 6610 Willow Park Dr. Suite #200 Naples, FL 34109 Re: Petition: ZL TRA-2009-AR-14174 Castenada Appeal (Staff Decision Mir-Mar PUD) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, April 14, 2009 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~ 0<. Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Ernail: collierclerk@collierclerk.com - -- ---.....-..-.--...-.-.- ---- -- --...-.....----..-.----.---.- --~---"._._-----"---_._-----_."-----_._._~"---"---- -------..---.------ ~i7A Ann P. Jennejohn To: 'Iegals@naplesnews.com' Subject: ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal Attachments: ZL TRA-2009-AR-14174.doc; ZL TRA-2009-AR-1417 4.doc Good Morning, Please advertise the attached on Sunday, March 29, 2009. ~ ~ ZL TRA-2009-AR-14 ZL TRA-2009-AR-14 Thank you, 174.doc (28 KB... 174.doc (28 KB... Ann J ennejohn Clerk to the Bec Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.j ennej 0 hn@colllerclerk.com 1 ~ __._..__,~".~._._____.__"..M_.__...._,._,___________.",~_. - --,---'--""-~-'"'-<~-------""""'~-'--~"~'.""- ,. .-..,..-..,.---- ~"7 A Ann P. Jennejohn From: postmaster@collierclerk.com Sent: Monday, March 23, 2009 10:55 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT26580.txt; ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal [] D ATT26580.txt (231 ZLTRA-2009-AR-14 B) 174 Mir-Mar PUn. 'Inis is an automatica{1j generated (Ddi-very Status :Notification. 'Your message lias 6een successfu{1j rdayed to tliefo{{owing recipients, 6ut tlie requested defivery status notifications may not 6e generated 6y tlie destination. {egat:s@napf'esnews.com 1 ._~._~-"._,-_._.~--_._.~.__..,,-_..,,_.....,"'""--'---"--,_._,~_._--,---..._,,>----~._.,- ~",--,,'--'--"-"-'''-+-"-''-~,-- ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal Page 1 of 1 t 7A Ann P. Jennejohn From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Monday, March 23, 2009 12:50 PM To: Ann P. Jennejohn Subject: RE: ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal ok From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Posted At: Monday, March 23, 2009 10:55 AM Posted To: Legals - NDN Conversation: ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal Subject: ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal Good Morning, Please advertise the attached on Sunday, March 29, 2009. Thank you, <<ZL TRA-2009-AR-14174.doc>> <<ZL TRA-2009-AR-1417 4.doc>> Ann J enneJohn Clerk to the BCC Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.j ennej 0 hn@callierclerk.com Under Florida Law, e-mail addresses are public records. If you do no! want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 3/23/2009 "'..-.-...-.----.------------, - ._--,._-,....~_._-_.-_..,--~_.- NOTICE OF PUBLIC HEARING ~ 7A Notice is hereby given that the Board of County Commissioners. as the Board of Zon"inQ Appeals, of Collier County will hold a public heanng on Tues- day, April 14, 2009, in the Boardroom, 3rd Floor, Ad- ministration Building, Collier County Government Center, 3301 East Tamlami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. Petition: ZL TRA-2009.AR-14174. Mario Castenada. represented by OW~ht Nadeau of RWA.lnc., is re- questing to appeal L TR.200B-AR-13025. The appli- cant rcroposed to open a retail clothing store but it was Olllld the use was 1101 sfleCificaJIY identified in tile M',r-MarPUD. The appe lant is aepealln~ tile staff decis.,on regarding the perrnisslb e uses In the MII'-Mar PUD_ TI1e subject property is located in Sectior1 27, Township 48 South. Range 27 East. Col- lieI' County, Florida. NOTE: All Persons WlshinR to speak on any agenda item must register with t ,e County Adrnmistrator prior to presentation of the agenda Item to be ad- dressed. Individual speakers will be limited to 3 minutes on any Item. The selectlon of an Individual to speak on behalf of an organization Or group is encouraged. If recognized by tl1e Chair, a spokes- person for a group or organizatiOl1 may be allotted 10 minutes to speal< on an item. Persons wishing to have written or graphic materi- als included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective publiC I,earing. In and' case. writter' materials intended to beconsidere be the Board sha.ll be s(lbmitted to the appropriate ounty staff a minimum of seven days prior to tile pUbllc hear- ing. All matetial used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a deCision of the Board wUl need a record of the proceedings per- taining thereto and therefore, may need to ensure that a verbatim record Of the proceedings is made. which record includes the testimony and evidence upon which U1e appeal is based. If you are a person with a disabHity who needs any accommodation In order to participate in this pro- ceeding. you are entitled. at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department. located at 3301 Tarnlaml Trail East, BUllding W, Naples, Florida 34112. (239)252-8380: aSsisted listen- ing devices for tile hearing Impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK. CLERK By: Ann Jennejohn, Deputy Clerk March 29 No.17B8105 , 7A Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - .- - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - .- - BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 4500096189 59568392 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. I Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year I ~~ next preceding the first publlcation of the ~,~ attached copy of advertisement; and affiant .~i further says that he has neither paid, nor ~. : '..'_"" """"."', ',' ',-': prom'ced eoy pereoo, e'rm Or corporec'oo any ~ discount, rebate, commission or refund for the ' ,", ~., ".;:: purpose of s",curing this advertisement for " ..Y,' ". ,,"" ", "",;1 publlcatlon In the sald newspaper. ' ""', - , ',, ;"",:;,,_, ',:"":,(,:-,,,:. "",,( {:"~Ji' PUBLISHED ON: 03/29 03/29 ~'.,...' '. ,. ..I,~_~+: 'H hri,......"Cleit - 1ilIft17M1M AD SPACE: 132 LINE FILED ON: 03/30/09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - Signature of Affiant _ Sworn to and Subscribed before me this ~d day of ~, 0 200'] Personally known by me C\(\O-", 0 Q f'y, ~c-~ /~;~;~::'::'~~2~-. CHANEl A. MCDONAlL !'."i/1 ',-1 CommiSSion DO 650475 ~~~i~s~Y Expires June 29, 2011 "'..9;,,',~,,,, %ndwl :~'U T,ov F~I" '".'',_0'_''' '."0" _...m_.~____._._ _. ____, ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~. 7A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand delivered to the Board Office. The completed routing slip and original documents are to be fOlwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excP.'ntion of the Chairman's silmature, draw a line throu~h routing lines #1 throuJ!;h #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routinQ: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Connnissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive sunnnary. Primary contact information is needed in the event one of tIle addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item. Name of Primary Staff Heidi Ashton-Cicko, Ass!. County Attorney Phone Number 252-8400 Contact Agenda Date Item was April 14, 2009 Agenda Item Number 7A A roved b the BCC Type of Document Resolution Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is N/A(Not a r riate. A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, U resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC ChairnJao and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 4-14-09 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. PLEASE RETURN COPY TO HEIDI ASHTON-CICKO, ASSISTANT COUNTY ATTORNEY . Sue, call me if you have any questions ... thanks. Heidi" -"'-'-~'-"-"-,.__..",,",_..- --- .."..-"........ ._,,_,~,..~ _."O<._'..,.,_........"..___.."...~.. .~. ,,,".,_w,..,~,.,,....,_. ,,,_,, .._-,.... .. '.'-'"--~~ 7A MEMORANDUM Date: April 16, 2009 To: Heidi Ashton-Cicko Assistant County Attorney From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2009-99: Mir Mar PUD Appealing ZL TR-2008-AR-13025 Enclosed please find a copy of the document referenced above (Agenda Item #7A) adopted by the Board of County Commissioners on Tuesday, April 14, 2009. The Minutes & Records Department has retained the original document for the Board's official records. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure -'_._---_._.'^'_."----~_..~_..,..._-,------~._--........ ,'---,,~~..,..__.."-"---~,_.,._..~,,-.~,--,,_.-.-..,._~ ----"'- ,. ._-^~_.- 7A RESOLUTION 09- 99 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO ADMINISTRATIVE APPEAL ZLTRA-2009-AR-14174, WHICH APPEALED ZONING VERIFICATION LETTER ZLTR-2008- AR-I3025 REGARDING USES PERMITTED IN THE MIR- MAR PUD, LOCATED IN THE RANDALL BOULEVARD COMMERCIAL SUBDISTRICT OF THE GOLDEN GATE AREA MASTER PLAN, IN 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 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, Zoning Verification Letter ZLTR-2008-AR-13025 was issued by the Collier County Department of Zoning and Land Development Review on April 18, 2008, and the same was re-issued on December 30, 2008, which denied permission for the establishment of a retail clothing store within the Mir-Mar PUD; and WHEREAS, Dwight Nadeau of R W A Inc., on behalf of Mr. Mario Castenada, filed Appeal No. ZLTRA-2009-AR-14174 appealing Zoning Verification Letter ZLTR-2008-AR- 13025; and WHEREAS, all interested parties have been given opportunity to be heard by this Board of Zoning Appeals ("BZA") 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: Petition Number ZLTRA-2009-AR-14174, appealing the County staff s Zoning Verification Letter ZL TR-2008-AR-13025, filed by Dwight Nadeau of RW A Inc., on behalf of Mr. Mario Castenada, for the property known as the Mir-Mar PUD, is hereby GRANTED on the following grounds: Page 1 of2 Page 2 of2 ~I _, ._.____._.,_u.. .. r 7A 1. The BZA finds that the opinion in the Zoning Verification Letter ZLTR-2008-AR-13025 is inconsistent with the County's Growth Management Plan, the Land Development Code and the Mir-Mar PUD Ordinance No. 98-72. 2. The BZA finds that the term "Shopping Center" as found in the Randall Boulevard Commercial Subdistrict of the Golden Gate Area Master Plan of the County's Growth Management Plan and the Mir-Mar PUD Ordinance includes all C-2 uses currently defined in the County's Land Development Code. 3. The BZA finds that the term "Shopping Center" is a catch-all term for all C-2 land uses not currently detailed in the Randall Boulevard Commercial Subdistrict of the Golden Gate Area Master Plan of the Growth Management Plan and the Mir-Mar PUD Ordinance No. 98-72. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and majority vote, this 14th day of April, 2009. ATTEST:, ,. " BOARD OF ZONING APPEALS Dwight E. Br~~,'.CLE.~~( COLLIER ~UNTY' FLORJDA .,," . ~ -, .- By: 1luiu.. (<~ Df:.- . BY:.{~' ~~ DONNA FIALA, CHAIRMAN Atttst It,,_ " " "iClerk .f..nwr....'< " Approved as to form and legal ~ufficiency: " i, I ,,' ! I / ~I ~~~TON~CI~K~ . Assistant County Attorney Land Use Section Chief draft -- J,lrcvised ~ Item # Agenda ~ Date Page 2 of2 "-------