Resolution 1998-499
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RESOLUT,O:, riO. ~8"..0L9.S..
RELATI~G TO PETITION NUMBER ASW-98-1
FOR A 400 FOOT WAIVER FROM THE MINIMUM
REQUIRED SEPARATION OF 500 FEET BETWEEN
AUTOMOBILE SERVICE STATIONS FOR PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COU~TY.
['r.ORIDA.
WliS?EAS, the Leqislatllre of the S~ate of Plarida in Chapter 125,
~-lo::ida :JtCltutcs, has conferred on ,;)11 counties in FIe rida the power
to establish. coordinate and enforce zoning and such tlusiness
regulations as arc necessary [or the protectiorl of the public: and
i'n1EREl\S, ~.h(;' CQunty pursuant thcr~to has adopted a Land
Develop~ent Code (Ord. No. 91-102) which establishes regulations for
:he zoning of particular geographic divisions of the County, among
~hich is the g[~ntirlg of vari~nc05; and
t"li-1EREAS, Subsection 2.6.28.1;, of the Land Development Code for
:~e ~nincorporated area of Collier County empowers the Board of Zoning
Appeals to hear rcqlJests to waive the minimum required separation of
500 feet between automobile scrvi~~ stations; and
't/HE:RE:AS, Subsection 2.6.28.~. of the Land Development Code for
the unincorporated area of Collier County further provides the
criteria by Wllich said evaluation to waive all or part of the minimum
distance require~ent shall be made; dl1d
t'/HEREAS. the Board o( Zoning Appeals, being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulatio~s made and provided, an,j has
considered the advisability of granti~g the waiver of the 500 foot
separation requirement between service stations for a service station
located on the property hereinafter described, and has found as a
matter of fact that satisfactory provislon and arrangement tlave been
made concerning all applicable matters required by said regulations
arld in accordance with Section 2.6.28.4. of the IJdnd Developmerlt Code
for the uninco~porated area of Collie~ COllnty: and
Wti~RE^S. all interested parties have been given an opport~nity to
be heard by thlS BOdrd in public rreeting assembled and the Board
ha~ing considered all matters presented;
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r:C;'l, THEREFOfU:, BE IT RESOLVED S'l THE BOARD OF ZONING APPEALS of
~":oll1<::.- r":auflVj, ::loriclJ, that:
The Petition ASI-J-98-1 repres~:1ted by Blait" A. f'olcy, P.E:., of
Coastal Engineering Consultants, Inc., on behalf of Anth0ny Voigt,
~it~ respect to t~l~ property hereirlafter described as:
^ portion of Lots 1 through 10 and Lots 36 through 42, Hoyal
?alm Te:.-ract:! Unit 1. as recorded in Plat Book 1, Page 35, of
the ?ublic P0cords of Collier: Cou:~ty, Florida.
be and the sa~e h~reby is approved for a waiver of 400 feet frem the
ml~~~~~ separation requirement [or service stations of 500 feel:
oe~'I:e.r::.~. t....le ar..,cJ'/C: describc:d propertj' cJnd the lot on which the neares~.
serVlce statio~ establishment is locdted, with a resulting required
minimum separatIon requirement of lOa feet, subject to the following
co::ditiO:ls:
Ue~e~2D~C~t of the site sl~~ll comply with Section
2.6.28 of the Land Develorment Code.
BS IT RESO~V~D ~hat t)1is Resollltion relating to Petitio~l ~;umber
ASW-98-1 be recarded in tile minlJtcs of this Board.
This Resollltion adopted after motion,
Cone this _~~;~\~~ _ day ~....E.J:-1Y.'
second dnd majoritj vote.
, 1998.
i~ :TEST:
JH!G:iT 2. EROC;r:, CLE?i':
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BOARD OF ZONING APPEALS
COLLIER COUNTY, fLORIDA
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APPROVED AS 70 FORM AND LEGAL SUFfIC:ENCY:
')r]"-~"-<.')h ,~~0".L
~E M. STUDErn
ASSISTANT COUNTY ATTORNEY
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