Resolution 1996-446
SEP '( ~ 199fi
RESOLUTION NO. 96-~
RELATING TO Pl:TITION NUMBER V-96-l5, FOR
A VARIANCE FOH THE PURPOSE OF VARYING
BERM GRADIENT REQUIREMENTS ON PROPERTY
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 busineEls regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) 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, being the duly elected
constituted Board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of a variance to the berm gradient
requirement of 4:1 to the as juilt condition, in an IlA11 zone for the
property hereinafter described, and has found as a matter of fact that 'I
satisfactory provision and arl~angement have been made concerning all
applicable matters required by said regulations and in accordance with
Section 2.7.5 of the Zoning R(!gulations of said Land Development Code
for the unincorporated area 01' 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 present.ed;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-96-15 filed by Kriston J. and Charlotte A. Kent,
with respect to the property hereinafter described as:
EXHIBIT "A"
be and the same hereby is approved for a variance to the berm gradient
requirement of 4:1 to the as built condition as shown on the attached
plot plan, Exhibit ItB", of the "A" zoning district wherein said
property is located, subject to the following conditions:
-1-
!OO( (JOf] ,:., 2RU
,
........ l."t j,J.JI)
1. Plans for construction of the earthen berm shall be submitted
to the Planning Serv.ices Division for review and approval by
the Division's Landscape Architect.
BE IT RESOLVED that this Resolution relating to Petition Number
V-96-15 be recorded in the minutes of this Board.
commissioner
offered the foregoing
Constantine
Resolution and moved for its adoption, seconded by Commissioner
Mac1Kie
anj upon roll call the vote was:
AYES: Commissioner Constantint!, Commissioner Mac'Rie, Commissioner Matthews,
Commissioner Norcis
NAYS: Commissioner Hancock
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
24t1L- day oj'
~.,:orl-omhor
, 1996.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~~
r c. NORRIS, CHA RMAN
'I
~f~~4+()f-
APPROVED AS 'rO.FORM AND LEGAL SUFFICIENCY:
~Ldn. ~"u.L{
MARJO E M. STUD NT
ASSISTANT COUNTY ATTORNEY
VARIANCE RESOLUTION/17610
ec~~
{Jon ':.. ZQO
-2-
RESOLUTION 1996-446
EXHIBIT "A" & "B"
ADOPTED SEPTEMBER 24, 1996
CAN BE FOUND ON
MICROFILM IN THE MINUTES
AND RECORDS DEPARTMENT