Resolution 1997-050
RESOLUTION ~7-~
A RESOLUTION PROVIDING FOR THE ES'l'ABLISHMEN'l'
OF A COVERED BOATSLIP CONDI~IONAL USE 1 IN THI
RSF-4 ZONING DISTRICT PURSUANT TO SECTION
2.2.4.3 OF THE COLLIER COUNTY LAND DBVBLOPMD'l'
CODE FOR PROPERTY LOCATED IN SECTION 5,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the LegiSlature of the State of Florida in Chapter
67-1246, Lavs of Florida, and Chapter 125, Florida Statute., has
conterred on Collier County the power to establish, coordinate and
entorce zoning and such business regulations as are necesaary tor the
protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which include. a eoaprehenaive
Zoning Ordinance e~tablishing regulations for the zoning ot particular
geographic divisio~s ot the County, among vhich i. the granting of
Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board for the area hereby atfected,
has held a public hearing after notice as in said regulations aade end
provided, and has considered the advisability ot Conditional U.e 1 of
Section 2.2.4.3 in an RSF-4 zone tor a boathouse on the property
hereinatter described, and has tound as a matter ot tact (Exhibit -1.-)
that satistactory provision and arrangement have been .ade concerning
all applicable matters required by said regulations and in accordance
vith SUbsection 2.7.4.4 of the Land Development Code tor the Collier
County Planning Commission; 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 satters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS ot
Collier County, Florida that:
The petition tiled by Miles L. scotield representing David M.
Ogilvie with respect to the property hereinafter described as:
Lot 3, Block F, Little Hickory Shores, Replat of Unit NO.3,
as recorded in Plat Book 6, Page 2, ot the Public Recorda ot
Collier County, Florida
be and the saae is hereby approved for Conditional Use 1 of Section
2.2.4.3 ot the RSF-4 zoning district tor a boathouse in accordance with
the Conceptual Master Plan (Exhibit .B") and subject to the tollowing
conditions:
Exhibit .C. which is attached hereto and incorporated by
reterence herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
minutes ot this Board.
C01IIIissioner
Mac'lUe
offered the foregoing
Resolution and moved tor its adoption, seconded by Coaaissioner
Sancock
and upon toll call, the vote vas:
AYES: Commissioner Mac'Ki., Commipsion.r Norris, Commissioner Constantine.
Commissioner Berry, and Com~is8ioner Hancock
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
14th
day of
January
, 199f.
'1
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: ~/dnr
~ CHAIRMAN
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MARJ IE M. STuDENT
ASSISTANT COUNTY ATTORNEY
CU-96-22 RESOLUTION/187l2
JAM 1 ~ 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-96-22
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The following ,tacts are found:
1. Section 2.2.4.3.1 of the Land Devlopment Code authorized
the conditional use.
2.
Granting the 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 vith the Land Development Code and
Growth Management Plan:
Yes z.-..--'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
noise, glare, economic or odor effects:
~o affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility vith adjacent properties and other
property in the district:
Compatible use within ~trict
Yes ~ No
4
Based on the above findings, this conditional use should,
with stipulations, (copy attached) (8\ l~l.J~fi.~be
recommended for approval
a
DATE: 14:1/9'/P CHAIRMAN~ i'Wb
FINDING OF FACT CHAIRMAN/187l5
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JAN , ~ J997
AGREEMENT
I, Miles L. Scotield, as authorized agent for Petition
CU-96-23, agree to the following stipulations requested by the
Collier County Planning Commission in their public hearing on
December 5, 1996.
Plannina Services:
.
a. The CUrrent Planning Kanager, may approve minor change.
in the location, siting, or height ot building.,
structure., and improvement. authorized by the
conditional use. Expansion ot the Use. identified and
approved within this conditional use application, or
major' changes to the site plan submitted as part ot
this application, shall require the submittal ot a new
conditional use application, and shall comply with all
applicable County ordinances in effect at the time at
submittal, including Division 3.3, site Development
Plan Review and approval, of the Collier County Land
Development Code, Ordinance (91-102).
b. The roof structure, material and color of the boat
house shall match the roof structure, material and
color of the main dwelling.
State of Florida
County of Collier
PETITIONER OR AGENT
The foregoing Agreement Sheet was acknowledged betore me
this day of , 1997 by
who is personally known to me or who has produced
as identification and who did (did not)
,
take an oath.
(Signature of Notary Public)
NOTARY PUBLIC
NOTARY PUBLIC
Commission #
My Commission Expires:
-1-
EXHIBIT let
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JAM 1 ~ 1991
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REPRESENTATIVE FOR CCPC
STATB OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet was acknowledged
oS day of :'1>Q.c:..........1....- , 1996 by rn\c}...~
is personally known to me V>. ..I.v ),,,.. pruu\1ce
betore ae this
1\-. 'O/hI ;\ , who
as 1den~1!is.tlon.
McDL' A IOONIl'\.OIlDA.
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~ature of Notary ~liO)
No L IIf1 t4 A , '?....:. tJ ,
NOTARY PUBLIC
C01IIIDiaalon # C!...<!. 5 ., C/ q, l;t
My cOlllllission Expires: r I~a /01.__
18714