Resolution 1999-471RESOLUTION NO. 99- 471
RELATING TO PETITION NUMBER V-99-22.
FOR A VARIANCE ON PROPERTY
IIEREINAFTER DESCRIBED IN CO!.I.IER
COUNTY, FLORIDA.
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WIII!REAS. lhc l.cgislature of the State of Florida in Chapter 125. Florida Slatutcs.
has conferred on all counties in Florida lhc power Io establish, coordinate and enforce zoning
and such business regulations as are neccssao' for the protection of the public; and
WIIEREAS. the County pursuant thereto bas adoplcd a I.and I)cvclopmcnt Code
(Ordinance No. 91-102) which cslablishcs regulations for the zoning of particular geographic
divisions oflhc County. among which is the granting of variances: and
WI IEREAS. the Board of Zoning Appeals, being the duly elected constituted Board of
the area bcrcby affected, has held a public hearing aflcr notice as in said regulations made and
provided. and has considered the advisability of both a 15-fore variance from tt~e required
front yard setback of 25 feet to i0 I~ct and an 18-foot variance from tbc required 25-foot
front yard setback to 7 feet as shown on the attached plot plan. Exhibit "A". in a C-4 Zone for
lhe propc~y hereinafter described. and has foumt as a matter of L~ct that satisfi~cto~, provision
and a~angemcnt have been made concerning all applicable matters rcquircd by said
regulations and in accordance with Sect/on 2.7.5 of the Zoning Regulations of said Land
Development Critic fi~r Ibc uninco~oratcd arca of Collier County; and
WIIEREAS. all interested paflies have been given oppoflunity Io be beard by this
Board in public meeting assembled. and the Board h;~ving considered all matters prcscntcd;
NOW TItEREFORE BE IT RESOLVED BY TIlE BOARD OF ZONlNG APPEAI.S
of Collier County. Florida. that:
The Petition V-99-22 filed by Kevin Dcnti of Buckingham. Doolittlc. aml Bu~ougbs.
I.I.P. representing Ronald A. Fowlc of Naples Car Wash, wid~ respect to the property
hereinafter described
Exhibit "B" which is attached hereto and info,orated by reference herein
be and lhc same hereby is approved for a 15--13ot variance from the required front yard
setback of 25 feet Io 10 feel and an 18-foot variance from the required 25-foot front yard
setback to 7 feet as shown on tbc attached plot plan. Exhibit "A". of the C-4 Zoning District
wherein said property is located. subject to the Ibllowing condilions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
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BE IT RESOLVED that this Resolution relating to Petition Number V-99-22 be
recorded in the nilmacs of'this Board.
Done this _~
ATTEST:' -
DWIGHT E, BROCK. Clerk
This Resolution adopted alter motion. second and majority vote.
dayof~ .1999.
/tte~ ~., to Chilean'S
signature, only..
Approve~ ~s tOi.orm and Legal SutT~cicncy:
BOARD OF ZONING APPEAI,S
COLLIER COUNTY. FLORIDA
~,//PAMELA S. MAC'KIE CHAIRWOM,,kN
/
/
Assistant County Attorney
G/admlnt RESOLUTION/V.99-22/I.)M/im
WOOD FENCE
2J I'
CONe.
FLAG
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EDCE O~' ~
PA VEM£N r
Exhibit "A"
17I'1
Oescrigt;cn of Fart of Section 1 l, Tcwnsn/p 50 South,
Range 25 East, Collier C~unty, Florida
G.E. 458, page 195
Lots 40 through 45 and all that portion of Lot 46 of the TAMIA,~I H£tCHi'E 5L,'EDIVIS/OH cf
Lot ~ of the ~(oples Groves and Truck ComFany's Little Fcrrn$ No. 2 ccccr.~/r,g tc the .n'c; cr
plat thereof on f'de and recorded in the office o! the Clerk of the Circuit Ccu~ cf Catliar
F7oHda, in Plot Book 1o page 28 which is described as follows: to-wit:
Beginning at a point on the north boundary line of said Lot 46, 65 feet from the ir, t#r~ecd~n cf
said north boundary llne with the Tarn/am/ Trail;
thence ecst along so[d north boundary line 90 feet to the east boundary I/r,e cf said Lot ,¢5;
thence at Hght angles along said east boundary line of Lot 46, 1 I4 feet to the south Ocundcry line
of said Lot 46 which f= the Tarn/arnl Trod;
thence northwest ~long said southwest boundary £me of said Lot 46 or Tcrn/crni )'ricl, I I 1.8 feet;
thence north ct right cn~le$ wlth~the north boundary llne of said Lot 4~, ,~7. E feet to Point
Beginning;
Be/n~ all of said Lot 46 except a trioq~ulcr tract on the western end of said L~t 46, said triangular
shaped tract being 65 feet on the north boundary of =cid lot ,~6, 80.6 feet on the s~uthwest
boundary of said Lot '¢6 and 47.8 feet on the eastern end of .sam trace
Subject to easernent$, restrict;on= and reservaUons of record.
LESS AND EXCEPnNC I'HEREFROJ,( O.R. 825, paqe 65~
Lot 40, and the west `7J feet of Lot 4~, and the vacated a/lay ad/ocent to said lots, of the
l'A~fl,4Ml HEIGHTS SUBD/~ISION, of lot JJ of the Nap/es Groves and [muck Cornpcny'$
(JYt/e Forms No. 2, according ~o the p/at thereof recorded in P/at Book ~. pa~e 29. cf the
Records of Collier County, Florida: together with the following described port/on of Lot 46 of
the ofores&d ?,4A, f~l HEICHI?3 SUBDMSION of Lot `7`7:
Comrnenclng at the northeasterly comer of Lot
thence along o port/on of the northerly line of Lot 48, South 8~'26'50' West ~4.00 feet to
the Point of
thence once ago,n on a port/on of sold North llne, South 8g'26'$6" West. 78.00 feet:
thence South O0'JO'50' East. ~6.74 feet to the northerly right-of-way line of Tamiarni
Trial and the southerly, llne of Lot 46:
thence South 52'00'20 East. 97. ! ~ feet:
thence North 00',30'50' We=t, 77.27 feet to the Point of Beginning and the vacated alley
adjacent thereto,
Beon'ng$ are based on the norU1 Hght-of-~ay /~ne of Tarn/am/ Trail (US 4~) being Norf, h
52'00'20~ West.
ALSO LESS ,NYD £XC£PITN¢ 7'HEREFROM O.R. 240J, page 2J86
l'hose port,on= of LOtS 44, 45 and 46, Torn;am/ Height Subdivision in Section I 1, To~nsh/p 50
South, Ronge 25 East, as per plat thereof recorded n Plat Book , page 2g, Public Records of
Co/l/er County, F7on'da, being described cs follows:
Commence at the northeast corner Of Lot 4.7 of =old subdivFsJon, said comer being on the west
llne of a 20 f~t street (per =old
thence along said west llne South 00'J1'44" East, 269.49 feet to the northerly ex]sEng
dght-of-woy line of 5tote Road 90 (U.S. 4~} {per Section 03010-2116) and the beq/nninq of c
curve concave weEted. y:
thence along said northerly existing right-of-way llne, the arc of said curve to the right, havin~
radius of 25.00 feet, a central angle of 2~'10'12', on arc length of 9,24 feet, the chord for
which bears South ~0'0J'22" West to the end of said curve and the beginning of a curve
concave northerly for o Point of
thence conEhue o/on~ said northerly existing right-of-way line, ~he arc of =old curve to the
right, ha"ring a rod;us of 25.00 feet, a central angle of I07'20'4,,T', an arc length of 46.84
feet, the chord for which bears South 74'~8'50' West to the end of said curye;
thence North 52.00'49' West, 90.74 feet along sold northerly existing right-of-way line;
thence North 00'J~'44° West, 25.56 feet:
thence South 52'00'4g' East i17. J2'feet to the beginning of o curve concav~ northerly;
thence along the arc of said curve to the left, having o rod/u= of 28.00 feet, a central anqie of
.7~'4g'56~, an arc length of 18.4g feet, the chord for which bear~ North 84'40'28~
East tO the end of said curve and the Point of Beginning.
Subject to easements and restrictions of r~cord.
Contoin;ng 27867 sq. ft. more or less.
52'00'49' West.
Certificate of authorization JLB-4J.
Exhibit "B"
i
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Conditions for Approval of Variance V-99-22
(November 18, 1999)
Approval of this variance shall not be misconstrued or interpreted in any way as to allow a
modification. enlargement. or intensification of any existing structure. equipment, or use. which lies
within the front yard setbacks, and which was not approved by this petition.
If the vacuuming and car drying area is ever relocated or removed, or if the primary use of this
business changes or is convened to another use. the new business shall meet all site development
standards of the Land Development Code and the shade canopy and non-conforming equipment shall
be removed from the front yard setback,
The proposed shade canopy shall meet all standards of the LDC and will be subject to Collier County
site development plan (SDP) and architectural review requirements.
Exhibit "C"