Resolution 2001-191
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RESOLUTION NO. 01- 191
17 A
RELATING TO PETITION NUMBER VA-
2001-AR-400, FOR A V ARIANCE 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 ofthe 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 45 -foot variance from the required front
yard setback of 50 feet to 5 feet and a 25 foot variance from the required front yard setback of
50-feet to 25 feet for a canopy for an automobile service station for property as shown on the
attached plot plan, Exhibit "A", in a C-4 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 A-2001-AR-400 filed by Don Kirby, representing Handy Food Stores,
with respect to the property hereinafter described as:
Lot 1, Block 27, New Market Subdivision, as recorded in Plat Book 1, Pages
104 and 105 of the Public Records of Collier County, Florida
be and the same hereby is approved for a 45-foot variance from the required front yard
setback of 50 feet to 5 feet and a 25 foot variance from the required front yard setback of 50-
feet to 25 feet for a canopy for an automobile service station as shown on the attached plot
plan, Exhibit "A", of the C-4 Zoning District wherein said property is located, subject to the
foIlowing conditions:
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1. This variance is for the encroachment shown on Exhibit "Au only. Any other
encroachment shaIl require a separate variance.
2. In the case of the destruction of the 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 shaIl conform to the
provisions of the Collier County Land Development Code in effect at the time
of reconstruction.
3. Should removal or relocation of the proposed canopy and other variance related
improvements be required for improvements to either New Market Road or
Glades Street, the cost shall be borne in the entirety by the property owner(s)."
BE IT RESOLVED that this Resolution relating to Petition Number V A-200l-AR-400
be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and majority vote.
Done thisc:3J~ day of -n-, ~
,2001.
"N
ATTEST>:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLO DA
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AttslH to Chlfrun's
sfgnlture onl,.
Approved as to Form and Legal Sufficiency:
0'rvJ ~ LL.. In. {}h J .J (~
Marjo' M. Student
Assistant County Attorney
G:/V A-2001-AR-400 /CB/cw
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V A-2001-AR-400
Handy Food Stores #50
Project # 200 I 020047
Date: 2/16/0 I
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EXHIBIT
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VA-2001-AR-400
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