Resolution 1997-049
JAM t ~ 1997
RESOLUTION 97-~
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A BOAT BOUSE CONDITIONAL USE "1" IN THE
RSF-3 ZONING DISTRICT PURSUANT TO SECTION
2.2.4.3. OF THE COLLIER COUNTY LAND
DEVELOPKBNT CODE FOR PROPERTY LOCATED IN
SECTION 20, TOWNSHIP 52 SOUTH, RANGE 26 EAST,
COLLIER COOlfTY, FLORIDA.
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67-1246, Law. ot Florida, and Chapter 125, Florida statute., has
conterred on Collier County the power to establish, coordinate and
entorce zoninq and such business regulations as are neces.ary tor the
protection ot the public; and
WHEREAs, the County pursuant thereto has adopted a Land
Developaent Code (Ordinance No. 91-102) which include. a Coaprehenaive
Zoninq Ordinance e~tabli.hinq regulation. tor the zoninq ot partiCUlar
qeoqraphic divisiorls ot the County, amonq which i. the qrantinq of
Conditional U.es; and
WHEREAS, the Collier County Planning Commission, beinq the duly
appointed and constituted planning board tor tho area hereby attected,
haa held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of Conditional U.e "I" ot
Section 2.2.4.3. in an RSF-3 zone tor a boat house on the property
hereinatter described, and has found as a matter of tact (Exhibit "A")
that .atisfactory provision and arrangement have been made concerninq
all applicable matters required by said regulations and in accordance
with Subsection 2.7.4.4 of the Land Development Code tor the Collier
County Planning Commission; and
WHEREAs, all interested parties haVe been qiven opportunity to be
heard by this Board in a public meeting assembled and the Board having
considered all matt ere pre.ented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS ot
Collier County, Florida that:
The petition filed by Donald P. Ricci, Jr., of Marco Marine
ConGtruction representing Gene Loqqhe with respect to the property
hereinaft.r d.scribed as:
Lot 20, Block 414, Marco Beach Unit 4, as record.d in Plat
Book G, Page. 92-99, of the Public Record. of Collier County,
Florida.
be and the .... is hereby approved for Conditional Use "1" ot Section
2.2.4.3. ot the RSF-3 zoninq district for a boat house in accordance
with the Conceptual Master Plan (Exhibit "B") and SUbject to the
following conditions:
The Planning , Technical Services Manag.r may approve ainor
changes in the location, siting, or height of buildings,
structures, and iaprov.ments authoriz.d by the conditional
use. Expansion ot the uses identified and approved within
this conditiodal us. application, or major chang.s to the
site plan subaitted as part of this application, shall
require the sUbaittal of a now conditional use application,
and shall comply with all applicable County ordinances in
ettect at the ti.. of subaittal, including Division 3.3, Site
Development Plan R.vi.w and approval, of the Collier County
Land Development Code (Ordinance No. 91-102).
,
BE IT FURTHER 'RESOLVED that this Resolution be recorded in the
minutes of this Board.
COIIIIissioner
ConRr..ntina
offered the foregoing
ReSOlution and moved for its adoption, seconded by Commissioner
B.rry
and upon roll call, the vote was:
AYES: Commissioner Constantine, Commissioner Berry, Commissioner Mac'Ki.,
Commissioner Hancock
NAYS: Commissioner Norris
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
14
.1",nI1J111ory
, 1997.
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:owrCHT. il:'::,;BROCKS'~ 'i:LERK
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CHAIRMAN
VED' AS FORM AND
,;,SUPPJ:,CIENCY:
~;'l..m'. {Ja'~/.d..
E M. STUtlENT
ASSISTANT CoUNTY ATTORNEY
CU-96-19 RESOLUTION{18467
"---.->....~.,~"_.--.---_..,,--_..~~..,,,~.....~_..~,-,"~,.."--,,.-
JAN 1 't WI
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-19
...J
.
The following tacts are found:
1. Section 2.2.4.3.1 of the Land Devlopment Code authorized
the conditional use.
2. Granting ~he conditional use will not adversely affect
the public interest and will not adversely affect other
property or uses in the same district or neighborhood
because of:
A. consistency with the Land Development Code and
Growth Management Pla~:
Yes a/' No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of
fire or catastrophe:
Adequate ingress & egress
Yes --No
C. Affects neighboring properties in relation to
noisey glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
compatible use within district
Yes --- No
4
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (t-l....wld .....L) be
recommended for approval ~.
DATE: /ij6J9h CHAIRHAN:~/~/J~
FINDING OF FACT CHAIRMAN/18470
EXHIBIT -A-
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EXHIBIT "B"