Resolution 2008-051
RESOLUTION 08- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2006-AR-I0092, FOR A IS-FOOT VARIANCE
FROM THE REQUIRED ISO-FOOT LOT WIDTH TO 135 FEET
AND A IS-FOOT VARIANCE FROM THE REQUIRED 40-
FOOT SIDE YARD SETBACK TO 25 FEET FOR A PROPOSED
AUTOMOBILE SERVICE STATION LOCATED AT 2393
LAKE TRAFFORD ROAD, AS FURTHER 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 Land Development Code
(Ordinance No. 2004-41, as amended) which establishes 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 has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a IS-foot variance from
the required ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required
40- foot side yard setback to 25 feet, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations
and in accordance with Sections 5.05.05. and 9.04.00 of the Zoning Regulations of said Land
Development Code 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
Petition VA-2006-AR-10092 filed by Stephen J. Fleming, P.E. of SJF and Associates,
Inc., representing Mohammed M. Rahman, with respect to a proposed automobile service station
on property located at 2393 Lake Trafford Road, Immokalee, Florida, as further described in the
attached Exhibit B, be and the same hereby is approved for a IS-foot variance from the required
ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side
yard setback to 25 feet as shown on the attached site plan, Exhibit A, subject to the following
conditions:
Page I of2
I. The IS-foot variances granted are limited to the side yard encroachment for
the proposed convenience store along the west property boundary and to a 15-
foot lot width reduction, as depicted in the applicant's submitted site plan
dated February 14,2007, included as Exhibit A.
2. In addition to the required landscaping on the outside of the 8-foot high wall,
the inside of the wall shall be landscaped with a single row 3-foot minimum
high hedge planted a minimum of 3 feet on center and maintained at a
minimum height of 5 feet.
3. There shall be no outdoor speakers except for those required by a governing
authority.
4. The hours of business operation are limited to 5 a.m. to II p.m.
5. "NO LOITERING" signs shall be posted in appropriate locations on the
building and in the parking area.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2006-AR-10092 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 2w day of
~'20~!'.t
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ATTESI;~'\ ......~::;:) ~,.
DWI9.Hr~: B.ROc:k,.WRK
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AttestD.to. .~~~puty Clerk
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App ved as to form
and gal ffi i
BOARD OF ZONING APPEALS
COLLIEY'OUNTY FLORlD~
By: .:J<fJ1.--
TOM HENNING, CHAI
Jeffre
Chief
Attachments:
Exhibit A - Site Plan dated February 14,2007
Exhibit B - Legal Description
Page 2 of2
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SIR""'NO.XX-XX-XX-XXXX-XXXX
MINI-SUPERMARKET
Loke Trafford Rood, Immokolee, FL
CONCEPTUAL SITE PLAN
STEPHEN J. FU~INC &: ASSOCIATES, INC.
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DRA....Sy OItCKtDBY APPRCYEOBY
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Ri'VISlO
EXHIBIT "A"
LEGAL DESCRIPTION:
Description of parcel lying in the East Y. of the Northeast Y. of the Southwest Y. of Section
32, Township 46 South, Range 2,9 East, Collier County, Florida.
Commencing at the Northeast comer oft he East Y. of the Northeast Y. of the Southwest y.
of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South
88049'30" West 663.40 feet; thence South 01.03'30" East 39.37 feet to the Point of
Beginning, said point being at the Intersection of the West line of said East Y. of the
Northeast % of Southwest Y. and the South line of Lake Trafford Road; thence continue
South 01003'30" East 290.63 feet; thence North 89.01'00" East 135.00 feet to the West
boundary of Warden Lane; thence North 01.03'30" West 290.59 feet along said West
boundary to the South boundary of Lake ,Trafford Road; thence South 89003'30" West
135.00 feet along said boundary to the Point of Beginning.
EXHIBIT "B"