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Resolution 2000-297 13Al RESOLUTION NO. 2000- ~ RELATING TO PETITION NUMBER V -98-1, FOR A VARIANCE ON PROPERTY DESCRIBED HEREINAFTERDESCRIBED 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 IS-foot variance from the required 15 foot landscaping buffer strip to 0 feet 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-98-1 filed by A. Kurt Ardaman, Esquire of the Fishback Law Firm, representing ABC Liquors, Inc., with respect to the property hereinafter described as: A Portion ofLat 36, Naples Grove and Truck Company's No.2, as recorded in Plat Book 1, Page 27, of the Public Records of Collier County, Florida. be and the same hereby is approved for a IS-foot variance from the required 15 foot landscaping buffer strip to 0 feet as shown on the attached plot plan, Exhibit "A", of the C-4 zoning district wherein said property is located, subject to the following conditions: I. This variance is only for the IS -foot reduction of the required IS-foot landscape buffer to 0 feet. 2. The subject variance shall become null and void, if at any time in the future the existing structure is expanded beyond its existing area as of the date of this variance or the site is redeveloped with new structures and/or uses. -1- 13 Al 3. Within one year of the time of installation of the alternate landscaping, as depicted on the attached site plan, the petitioner shall submit plans to the Collier County Planning Services Department to upgrade the building facade. BE IT RESOLVED that this Resolution relating to Petition Number V -98-1 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~day of ~~~ ,2000. .>'.'i~":~'!'~;~~~~;'i;:(', '~:, . . .;T;tE$lf...... " i<.}?}WtIa:r\H:.:#:~OCK, Clerk ~ ,:."f 1:, ';f.;; . ":: :>,~~~'I.,~\. .<t , CHAIRMAN mtl.dft'1J{, 'tfJ1. !JtzU4d Marjo M. Student Assistant County Attorney gladminN-9S.} RESOLUTION! RB/cw -2- 13Al , I ~BC LIQUORS - EAsT TRAIL 60' WIDE RIGHT--OF-WAY LANDSCAPE AND IRRIGATION PLAN i "'Cl - z t:tj s;: Z t.:l > < t:tj z c t:tj 00 ~~~~ 04~ EXHIBIT "A" ---~_._......