Resolution 1994-020
JANUARY II, 1994
RESOLUTION NO. 94-~
RELATING TO PETITION NUMBER AW-93-4 FOR A
WAIVER OP A PORTION OP TIlE SEPARATION
REOUIRDIEIlT BETWEEN AN ~ABLISHMElIT WHICH
SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON
PREHISES AND A CHURCH FOR PROPERTY
HEREINAFTER DESCRIBED IN COLLIER COUNTY,
FLORIDA.
~EAS, the Legislature ot the State ot Florida in Chapter 125,
Flori4a Statutes, has conterred on all counties in Florida the power to
establish, coordinate and entorce zoning and such business regulations
as ara necessary for the protection of the public; and
~, the COUnty pursuant thereto has adopted a Land
Devrlopaettt COde Cord. No. 91-102) which establishes regulations tor
the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
uniJ..............rated area at Collier County empowers the Board of Zoning
Appeals to hear requests to waive the ainimua separation requirement
betvecn establishaents serving alcoholic beverages for consumption on
praai..s and an established church and
WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the
unincorporated area of COllier County further provides the criteria by
which aaid evaluation to waive all or part of the minimum distance
requireaent shall be _de; 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 granting the waiver ot separation
requir...nt for the property hereinafter described, and has found as a
..tter of fact that satisfactory provision and arrange.ent has been
aade concerning all applicable _tters required by said regulations and
in accordance with Section 2.6.10.3 of the Land Development Code tor
the unincorporated area ot Collier County; and
WHEREAS, all interested parties have been given an opportunity to
be heard by this Board in public aeeting assembled and the Board having
considered all _tters
presented;
!OOf OGO "',' 49
JANUARY II. 1994
1ICIlf, TIlEREYORE, BE IT RESOLVED BY TIlE BOAIlD OF ZONING APPEALS of
COllier County, Florida, that:
}.
The petition AW-93-4 of HSU's International Inc., represented by
PaR! Listenberger, C. R. Florida, Inc., with respect to the property
~'l
~>' hereinafter described a.:
.....r
"
.
A part of Tract C, Unit 4, Marco Beach SUbdivision, Section
I, Township 52 South, Range 26 East, as recorded in Plat Book
6, Page 36 of the Public Records ot Collier County, Florida.
be and the .... hereby is approved for a waiver of 163 feet from the
~ separation requirement of 500 feet between the above described
~~Ly and the lot on which the nearest established
cbuxGh i. located, with a resulting required ainimua separation
requireaent of 337 feet, subject to the following condition:
Alcohol sale. shall not exceed 49\ of the busine&s's total food
and alcohol sales.
BE IT RESOLVED that this Resolution relating to Petition Number
AJI-93-4 be recorded in the ainutes of this Board.
eo.ai..ioner
Ynlp-
offered the foregoing
resolution and moved tor it. adoption, seconded by Commi..ioner
IIettMvs
and upon roll call the vote was:
AYES: Ccoaiaaioner Volpe, ec-iaaioner IIat~heva, Coomiaaioner Constantine
IlAIS: ec-iuioner Sal.Wldecs
ABSIJIT AND NOT VOTING: ec-iaaioner Norris
AU-x'...- ~ J.OK t
Dona thb 11th day of
,~U.~/I
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An:;.ft{i-:.:J\11. "'~;:'" c.
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Ja.1Ullrv , 1994.
BOARD OF ZONING APPEALS
. COUNTY, RID"
CHAIRMAN
Constantine
FORM AND LEGAL
1ll/o"afi M: ~~ II ,rt' " f-
ABSXSTAIIT COllllTY ATTORNEY
1IUVBR RESOLUTION
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