Resolution 2000-277
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RESOLUTION NO. 2000-2]J
RELATING TO PETITION NUMBER ASW-2000-01
FOR A 300-FOOT WAIVER FROM THE MINIMUM
REQUIRED SEPARATION OF 500 FEET BETWEEN
AUTOMOBILE SERVICE STATIONS FOR 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 (Ord. 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, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of
Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum required
separation of 500 feet between automobile service stations; and
WHEREAS, Subsection 2.6.28.4. of the Land Development Code for the unincorporated area of
Collier County further provides the criteria by which said evaluation to waive all or part of the minimum
distance requirement shall be made; 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 granting a waiver of 300 feet from the 500-foot separation requirement
between service stations with the resulting separation between service stations of 200 feet for a service
station located on 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 2.6.28.4. of the Land Development Code for the
unincorporated area of Collier County; and
WHEREAS, all interested parties have been given an 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:
Petition ASW-200Q-OI represented by Coastal Engineering Consultants, Inc., on behalf of 7-
Eleven, Inc., with respect to the property hereinafter described as:
Lot 2, Capri Commercial Center, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida
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17F
be and the same hereby is approved for a waiver of 300 feet from the minimum separation requirement
for service stations of 500 feet between the above described property and the lot on which the nearest
service station establishment is located, with a resulting required minimum separation requirement of
200 feet, subject to the following conditions:
1. Development of the site shall comply with Section 2.6.28 of the Land Development Code.
BE IT RESOLVED that this Resolution relating to Petition Number ASW-2000-01 be recorded
in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /.:l~ day of ~- ,2000.
ATTEST;
DWIGHT E. BROCK, CLERK
,.
."
..Ay'~~~r -.It&~
Attest as to Cha1naan's
signature onl,.
T
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
" dY\1~ ~ 11. _ "d"11" 1Jault.~
Marjori M. Student .
Assistant County Attorney
G:ladminl ASW -2000-0 I/RG/t.
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