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Resolution 1998-476 1 3 ~ 2 ..~ RESOLUTION NO. 99-~ RELATING TO PETITION NUMBER V-99-B, fOR A VARIANCE ON PROPERTY ~EREINAfTER DESCRIBED IN COLLIER COUNTY, fLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, florijd Statutes, tidS conf~r(cd on all counties i:\ Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public: and WHEREAS, ~he ~ounty pursuant thereto has adopted a Land Development Code (Ordinance No. 91-1021 which establishes requlations for the ~oninq of particular geographic dl.islons ot the C)~nty, among which 1s the granting of variances: and W~EREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected. has held a public hearing after notlce as in said regulations made and provided, and has considered the advisability of a 65-foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit "A", in an "IN Industrial Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applic~ble matters required by said reQulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated dred of Collier County; and WH~REAS, all interested parties have been given opportunity to be heard by this Beard in public: meeting assembled, and the Board having considered a~l ~3tters presented; NOW THEREfORE BE IT RESOLVED BY THE BOARD Of ZONING APPEALS of Collier County, Florjda, that: The Petitlon V-98-8 filed by Bill Hoover of ~oover Planning, representing Rcg~r D. Withers and OPM-USA-Ir.c., with respect to the property hereinafter described as: Exhibit "8" be ~nd the same hereby is appro~ed for a 65-foot height variance from the required 185 feet to 250 teet for an existing 180 foot communications tower as shown on the attached plot plan, Exhibit "A", of the "IU -1- .'''''"1'1 1 3A 2.. I~dustrial Zoning District wherein said property is located, subjact to the f0110wing c0nditi~ns: 1. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the subject property shall be implemented on a yearly basis at a minimum commencinq with the issuance of the Certificate of Completion. 2. Artificial lighting required by the federal Aviation Administration and/or the Federal Communications Commission shall be affixed to the tower. A red beacon shall be used instead of a white strobe light when technically possible. BE IT RESOLVED that this Resolution relating to Petition Number V-98-8 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done thi' ~<I;CI.. day of '7J",,--- ~ , 1999. ,. ATTEST: DWIGfl,T.E. "., , ., BROCK, Cl~_rk BOARD Of ZONING APPEALS COLLIER COUNTY, fLORIDA ,. ~?~ 1(- l~~~, . _, Mil. Attut 1t-;.tO :'If:IBa'~'; ~\lI'J~~1(r6dOl!.t,r.t~"form and Legal Sufficiency: ~m.~....t. Marj tie ~. S~udent Assistant County Attorney r'v.'l@.@ fll:S;11.1;;IO:; .' -2- ,... ~ICW ClOlItNtJlI: 0" 1H1: SGlIIHWI:Sl 1/. r1f _II \ \ \ i \ ~ \ }.( ~ ~ \~ \ ~ \l'\~ ~ , \ ~ \ \ . JO- I I ~ . I = i T so r -~ A 2 ." SCN..E ,. . ~ \ rouHO c,.,na IIIOH IlOO LI I 'u, l'Ot/! Of' CCIAID<<:l)<D/T '1<0 <:>>'10 110 lIeOLI,"n H."'~~'D2'C. 252.06' (H) . . ~It4.TAMA roor ., ...-, OQIlCT r1f Im"HNO 0' _ "'0 1:0_ ~DIT Ix: r~::' :~~ ~]--+ . ~ = 'NSH f\.OC~ 11..-11..2. t:"-........ JI 1-- . 1-;:;"'-1 - ::: ~:n';S::;'~ T - ~~ I ~ t' OW\I L'.uC..../' __T MC. & ill S.8"~S'(J2'1I. r~ :Ol.."N~ W'Q) 1lC. llO'J l.Ll.SED sm: EXHIBIT "~" ,", 13A~ LEGAL DESCRleTlON (O.R. 1240. Pal,le 1 t 83. Collier Caunty. Florida) The South 1/2 of the South 1/2 af the,SW 1;'4 of the HW 1/4 af tl'la SW 1/4 of SeotIon 11. TawnShip .9 South, Ra"ge 25 Eb.t, Iyinl,l! East of 0 rood rlqht-af-way dnc:ribed 01 follows; . , "Road riqht-of-..ay thraugh the We.t 1/.,. af the Southwe.t 1/4 of Sectlan It. Tawn.hip 4a South, Ranl,le 25 East, which includ.. a .trlp of land 30 fHt eoch .Id. or a cent.,. line dncribed a. follow.: Run from the Soutl1wnt comer of aoid Section 1 t a distance of S03.38 feet Easterly along the Sauth boundary. lilte of .old SectIon " to 0 point af beglnninl,l: thence run in a northerly directian a di""nce af 2.1SJt f..t. mara or I.... to a point on the North boundary line of the Southw..t , /. af .oid Sec:t1on ". laid point being 284 feet East or the Northwest comer of the Southwest '/4 of laid Section 1 to EXllyr.IT "R" .,