Resolution 2006-188
RESOLUTION 2006- 188
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
RELA TING TO PETITION NUMBER CUE-2006-AR-9424,
GRANTING A ONE- YEAR EXTENSION OF AN
APPROVED CONDITIONAL USE FOR A MODEL
HOME AND SALES CENTER LOCATED AT 4050 13TH
A VENUE SOUTHWEST, LOCATED WITHIN ESTATE
DISTRICT "E."
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 adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended), which establishes zoning regulations for the particular
geographic divisions of the County, among which is the granting of a conditional use and the
extending of the time period of an approved conditional use; and
WHEREAS, on February 10, 2004, the Board of Zoning Appeals of Collier County,
Florida, enacted Resolution No. 2004-50, attached hereto as Exhibit "A", granting American
Dream Builders, Inc. (the "Petitioner"), a conditional use for a model home and sales center on
property located within Estate District "E", more particularly described below; and
WHEREAS, Subsection 10.08.E.3. of the LDC provides that "The board of zoning
appeals may grant a maximum of one one-year extension of an approved conditional use upon
written request of the petitioner;" and
WHEREAS, the Petitioner has submitted a written request to extend the conditional use
approved by Resolution No. 2004-50.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
1. The written request for one one-year extension of the conditional use for a
model home and sales center at 4050 13th A venue Southwest, located within the Estates
District "E" and more particularly described as:
All of Tract 119, Golden Gate Estates, Unit 26, according to the plat thereof
recorded in Plat Book 7, Page 15 of the Public Records of Collier County,
Florida,
IS approved pursuant to Subsection 1O.08.E.3. of the LDC, and the expiration date for
Resolution No. 2004-50, and all conditions applicable thereto, is thereby extended until
February 10, 2007, with the following additional conditions:
a. Petitioner shall provided evidence of an ADA (Americans with Disabilities Act)
accessible route from the existing or any future handicap parking space(s) to the model
home and sales center and to the access road.
b. Petitioner acknowledges the probability that additional right-of-way may be
required on the subject property.
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c. A Vegetation Removal Permit is required for any land clearing beyond the one
acre permitted through the existing building permit.
d. The property shall be kept free of prohibited exotic vegetation, as defined by the
Collier County Land Development Code.
2. Resolution shall be recorded in the minutes of this Board and in the records of the
Petition for which this extension is granted.
This Resolution adopted after motion, second, and super-majority vote, this
of J u i\J' 2006
, .
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A TTEST~
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPPEALS OF
COLLIER COUNTY FLORIDA
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A ~ t.! tAt, to Ch.,,....o,puty Clerk
Sl ');':,'l,t..Tf' ~n; w
By: ~~~__
ffiANK HALAS, C A AN
A
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RESOLUTION NO. ~ 50
A RESOLUTION OF THE BOARD OF ZONING APPEALS
PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE
9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO
SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
IS, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONT AlNlNG 5 ACRES.
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
ec..force 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 includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uscs; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted
board for the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the
Col1ier County Land Development Code in an liE" Estates Zone for a model home and sales center on
the property hereinafter described, and the Collier County Planning Commission has found as a matler
of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
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
COWlty, Florida, that:
The petition, CU-2003-AR-4799, filed by Edward B. Hanf, of American Dream
Builders, Inc, with respect to the property hereinafter described as:
All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof
recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida,
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EXHIBIT !lAIf
Is hereby approved for Conditional Use 9 of Section 2.2.3.3 ColIier County Land Development
Code in the "E" Estates Zoning District for a model home and sales center in accordance with
the Conceptuul Master PIon (Exhibit "B") imd subject Lo the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Rcsolution adopted after motion, second and super-majority vote.
Done this /CJ,.-,I- day of r~R,-,~ ;/ ,2004.
BY;
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ATTEST .../',.....,;~: . ,
DWIG0~~::.t3.~K,:.Cj;ERK
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DEPUTY 'C.t~RIS''::: CJ ,::;:.>:"
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Approved as to Form and
~i~
Patrick G. White
Assistant County Attorney
CU-200l-AR-4799/MD/lo
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