Resolution 1989-297w
OCTOBER 24, 1989
RESOLUTION 89- 297
RELATING TO PETITION NUMBER V-89-16 FOR A
VARIANCE OF 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
Comprehensive Zoning Ordinance establishing 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 granting a 40 foot
variance from the required (southeast) side yard setback of 50
feet when abutting residentially zoned property to 10 feet as
shown on the attached plot plan. Exhibit "A", in a C-3 zone for
the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement has been made
concerning all applicable matters required by said regulations
and in accordance with Section ll.l.b of the Zoning Regulations
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 for Manor
Healthcare, Inc./Americana of Naples, represented by David
McElrath, of Monaco, Cardillo & Keith, P.A., with respect to the
property hereinafter described as:
Exhibit "B"
be and the same hereby is approved for a 40 foot variance from
OCTOBER 24, 1989
the required (southeast) side yard setbac)c of 50 feet when
abutting residentially zoned property to 10 feet as shown on the
attached plot plan, Exhibit "A", of the C-3 zoning district
wherein said property is located, subject to the following
conditions:
None
BE IT RESOLVED that this resolution relating to Petition
Number v-89-16 be recorded in the minutes of this Board.
Commissioner _ _ _ _ _ _ _ offered the foregoing
resolution and moved for its adoption, seconded by Commissioner
Shanahan_ _ _ _ _ _ _and upon roll call the vote was:
AYES: Commissioner Goodnight, Commissioner Shanahan, Commissioner
Voipe and Commissioner Hasse
NAYS:
ABSENT AND NOT VOTING: Commissioner Saunders
ABSTENTION:
, '•
Done thiy^^2i»th day of October , 1989.
•//&TEST:
SuilES G. GILES, _CLERK
^ BURT L. SAUNDERS, CHAIRMAN
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
rUD^T "
ASSISTANT COUNTY ATTORNEY
V-89-16 RESOLUTION
nb
<jn()G9
OCTOBER 24, 3989
ills lit
I
gl i
ji
shot
EXHIBIT "A"
v-89-16 -3
0007110
OCTOBER 24, 1989
LEGAL DESCRIPTION
Commencing at the most Westerly corner of Undivided Block "C”
of Lakewood Unit No. 1, according to the plat thereof as
recorded in Plat Book 12, pages 7,“ 8, and 9, Public Records
of Collier County, Florida; thence along the Northwesterly
line of said Block "C" and along the Southeasterly
right-of-way line of Lakewood Boulevard North 50“56'29" East
307.07 feet to the POINT OF BEGINNING of the Parcel herein
described; thence continuing along the Northwesterly line of
said Block "C" and along the Southeasterly right-of-way line
of Lakewood Boulevard, North 50»56'29" East 92.93 feet;
thence Northeasterly 136.27 feet along the arc of a circular
curve concave to the Northwest, having a radius of 1259.42
feet, subtended by a chord which bears North 47®50'30" East
136.20 feet; thence Easterly 38.20 feet along the arc of a
circular curve concave to the South having a radius of 25.00
feet, subtended by a chord which bears North 88®30'53" East
34.59 feet; thence along the Northeasterly line of said Block
"C" and along the Southwesterly right-of-way line of Boca
Ciega Drive, South 47®42'44" East 70.18 feet; thence
Southeasterly 309.38 feet along the arc of a circular curve
concave to the Southwest, having a radius of 1093.87 feet,
subtended by a chord which bears South 39®36'35" East 308.35
feet; thence south 31®30'26" East 28.81 feet; thence along
the Southeasterly line of said Block "C", South 50®56'29"
West 266.09 feet to that point which lies North 50®56'29"
East 307.07 feet from the most Southerly corner of said Block
"C"; thence North 39®03'31" West 420.00 feet to the POINT OF
BEGINNING; being a part of Block "C" of said Lakewood Unit
No. 1, Collier County, Florida, subject to easements and
restrictions of record; containing 114,730 square feet more
or less.
EXHIBIT "B"
V^89-16
ew89-78