Resolution 2007-170
RESOLUTION NO. 07--l-+O
A RESOLUTION OF THE BOARD OF ZONING APPEALS
DENYING BY OPERATION OF LAW THE REQUEST FOR
ESTABLISHMENT OF A CONDITIONAL USE IN THE
EST A TES ZONING DISTRICT FOR AN ADDITIONAL
CHURCH BUILDING PURSUANT TO TABLE 2 OF
SECTION 2.04.03 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED AT
3480 GOLDEN GATE BOULEVARD S.W., TRACT 81,
GOLDEN GATE ESTATES UNIT NO.4, IN SECTION 11,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA DENYING THE REQUEST BY
OPERATION OF LAW.
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. 2004-41), as amended, 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 uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, has considered the advisability of a conditional use for an
additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land
Development Code in an Estates Zoning District on the property hereinafter described, and has
found that satisfactory provision and arrangement have not been made concerning all applicable
matters required by said regulations and in accordance with Subsection 10.08.00 of the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board has fully considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The petition filed by Mike Landy of Landy Engineering, Inc., representing Golden Gate
Congregation of Jehovah's Witnesses, with respect to the property hereinafter described as:
I
Tract 81, Golden Gate Estates Unit No.4, Collier
County, Florida, as recorded in Plat Book 4, Pages
79-80, of the Public Records of Collier County,
Florida, more particularly described as 3480 Golden
Gate Boulevard S.W.
by operation of law is hereby DENIED the conditional use for an additional church building
pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code in an
Estates Zoning District for the reasons set forth in the record of the proceedings of June 26,
2007.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted based upon motion, second and majority vote to approve the
subject request, which was not a sufficient super-majority vote, and thus, the request is
considered denied by operation oflaw effective this date.
Done this C2.?,
day of
';r~
,2007.
ATTEST-:._~'ir.ln ','
DWIGHTE:iRO~, CLERK
,., . ,. <, '.>,
BOARD OF ZONING APPEALS
COLLIER COUNTY, LORIDA
/7
BY:
J
Approved as to form and
legal sufficiency:
MaIjori M. Student-Stirling
Assistant County Attorney
cC t. -:,t.:tt. W:. L t:s
CU-2004-AR-6384/MJD/sp
2