Resolution 2001-093
RESOLUTION NO. 01-~
RELATING TO PETITION NUMBER V -2000-
34, FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
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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 20-foot variance from the required front
yard setback of 50 feet for fuel pumps and a canopy for an automobile service station to 30
feet as shown on the attached plot plan, Exhibit "A", in a "C-3" 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 V -2000-34 filed by Don Kirby and Susan Young Kirby, representing
Handy Food Stores, Incorporated, with respect to the property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 20-foot variance from the required front yard setback
of 50 feet for fuel pumps and a canopy for an automobile service station to 30 feet as shown
on the attached plot plan, Exhibit" A", of the "C-3" Zoning District wherein said property is
located, subject to the following conditions:
1. This variance is for the encroachment shown in Exhibit "A" only. Any other
encroachment shall require a separate variance.
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2. In the case ofthe destruction oftbe encroaching structure, for any reason, to an
extent equal to or greater than 50 percent of the actual replacement cost of the
structure at the time of its destruction, any reconstruction shall conform to the
provisions of the Collier County Land Development Code in effect at the time of
reconstruction.
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BE IT RESOLVED that this Resolution relating to Petition Number V -2000-34 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this~ day of
7I,~
,2001.
ATTEST:
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.' bWJtJlff E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Att ~.~:al..to Chairllan'l
SfgRature on11.
Approved as to Form and Legal Sufficiency:
~Yl1. {JtuJI."t
Marjo M. Student
Assistant County Attorney
gladminIV -2000-34/FR/im
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Exhibit "'A"
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SECTION
31 ,
OF
A PARCEL OF LAND
LYING IN
TOWNSHIP 46 SOUTH, RANGE
COLLIER COUNTY, FLORIDA
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29
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DESCRIPTION AS RECORDED IN Q,R. 1073 AT PG, 973:
FROM THE EAST ONE QUARTER CORNER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
IMMOKALEE, COLLIER COUNTY, FLORIDA, RUN Nl'12'25"W ALONG THE EAST LINE OF SAID SECTION 31
FOR 243,21 FEET; THENCE N88'42'22"W FOR 30.03 FEET TO THE WEST LINE OF CARSON ROAD FOR
A POINT OF BEGINNING: THENCE S1'12'25"E ALONG SAID CARSON ROAD FOR 200.00 FEET TO THE
NORTH RIGHT -OF-WAY LINE OF LAKE TRAFFORD ROAD; THENCE WESTERLY 200.08 FEET ALONG SAID
RIGHT -OF -WAY LINE FOLLOWING THE ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A
RADIUS OF 11419.2 FEET AND SUBTENDED BY A CHORD OF 200.08 FEET BEARING N88'42'22"W;
THENCE N "12'25"W FOR 200.00 FEET; THENCE S88'42'22"[ FOR 200.08 FEET TO THE POINT OF
BEGINNING, COLLIER COUNTY, FLORIDA,
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EXHIBIT "S"