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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 , ........., ."'; ."1' " . C 1 ", .... -;. .~. ~' : I." I~f' ,.'_. . .r. ~ :~.""" t. _ ~.. j'" '" .'. .;.~;;....\.*. ""'.' C .... ,~~-"'~~J.-. ,-, ~...( .. , . , ,: DWIGHTE.'OBROl::1ti ~ERK . ');>~'.';[~:~7 ;:) ;' J.~ "': ~ . . .; ..AS'jrd'.toRM AND .: SUFFICWCY : \ I,.' .... ,.s~ "!~'It.i1J" ~'t"I'\:':"'" . 1J6--.._ "~",.t1'". '-0" ~ 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 -I .. 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 . dK:?;.tt~~'o.:.'i.::'.:.~:~;L! . Exhibit , '. "A" . j~. c'. .:.,\ . ~\ ,.,i;;. ','.'" ',' . ~ )f I( I .. . I ~ I I ~ FI~ J ~ r: ~, E~ .. . ,. ... . ~'l?-{':;-". ~, .. ~ ~ ~ g ~rl g ~~ ~ ~I '(/ .. J"" .... ~Eg III ~J 0 . l ~ r e: Exhibit "B" , . \IC'lt' ,., ',i JAM f , 1997 '. t..~ . ;". , .., " .' ::>T ~ ..., i ~ ~ )/IFD 11../ ,', . , .2." 00"" I I "'o~E. ~ ,,; " . -- - % taO'a... ~. ..... AtlD ~ .O'~'" I, ~~I."~ '-.IS' If-IS' I 1 I I '. T ""'fOSIl> ..,~".' ....\l. ~. ."ll'ISTI~. c. MJ.T:t l.G-'Je.lf ooc\(. 3'!J . \... F' ~ -,. ~~ 1 r ...", ': .-,' ~ .." ,.. . . Pooc.. C;Vc'~. ~ ~ .. o r; 5/.6 . ~ . t& - ~ 3 ~/~r7~:" .e~/~;</t:'o- '4l LOT 3 I, . :-:.... . ,.. ',: ll\ , ... I vJt w/. .~ II " ,:~ VL" z. 'I ~o ~ t\.\O?-"T \-l. 80.0' e:c. .' 80. \' 1e.A~ @~:~~~:JO~~ ' "----- ~;~-:B~' &L. 6.~'l.' ..L 1\\,"01')._ c::...\ '^/ . .,'; . :;:;;:~. . ,(.; If' . f' , :t:, ., '~, .' '" ' .:r.. jltf; ';." ," r . "." . " I . ", " '"I;., , . " ':...... dO J........ }~.:/ . ~:~:r ) ~1; r: t 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 , . . JAM 1 ~ 1991 , ' ,"1 ~;bd~,<<\' 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. 1lDf~~~4IM c, ~ J:J. ~!.~ ~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