Resolution 1995-209
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RESOLUTION NO. 95-~9
RELATING TO PETITION NUMBER AW-95-1 FOR
A WAIVER OF A PORTION OF THE SEPARATION
REQUIREMENT BETWEEN AN ESTABLISHMENT
WHICH SELLS ALCOHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES AND A CHURCH, FOR
PROPERTY HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legielature 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 business regulations
as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code COrd. No. 91-102) which establishes regulations for
the zoning ot 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
unincorporated area of Collier County empowers the Board of Zoning
Appeals to hear requests to waive the minimum separation requirement
between establishments serving alcoholic beverages for consumption on
premises 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 said evaluation to waive all or part of the minimum distance
requirement shall be made; 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 of separation
requirement for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been
made concerning all applicable matters required by said regulations and
in accordance with Section 2.6.10.3 of the Land Development Code for
the unincorporated area of Collier County; and
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WHEREAS, all interested parties have been given an opportunity to
be heard by this Board in public meeting assembled and the Board having
considered all matters presented;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The petition AW-95-1 ot Richard Schonder on behalf of Dos
Callente, Inc., d/b/a! Taco Caliente, with respect to the property
hereinafter described as:
Exhibit "A"
be and the same hereby is approved for a waiver of 350 feet from the
minimum separation requirement of 500 feet between the above-described
property and the lot on which the nearest established church is
located, with a resulting required minimum separation requirement of
150 feet, subject to the following conditions:
Alcohol sales shall not exceed 49% of the business's total
food and alcohol sales.
BE IT RESOLVED that this Resolution relating to Petition Number
AW-9S-1 be recorded in the minutes of this Board.
commissioner Constantine
offered the foregoing
resolution and moved for its adoption, seconded by Commissioner
Hancock
and upon roll call the vote was:
AYES: Commissioner Constantine~ Commissioner Hancock, Commissioner Norris~
Commissioner MaclKie, and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
14
day of
March
, 1995.
\ .-Ifl,
. ,ATTES'~:
. ,D~IGHT E.
.J/"
BRO~, CLERK
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APPROVED
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'AS TO FORM AND LEGAL SUFFICIENCY:
Il~<,. ))1. I1cu.&W<.'C.
HARJO E K. STUDENT
ASSISTANT COUNTY ATTORNEY
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Location Map
Legal Description
Commencing at the Southwest corner of Lot 51, Naples
Improvement Conpany's Little Farms, os recorded in Plat Book
2, Page 2, public records of Collier County, Florida, Run
North 89' 54' 18" East 2.39.85 feet along the South line of
said Lot 51 to the POINT OF BEGINNING: Thence North
00' 07' 19" East 200.00 feet; Thence North 90' 46' 2.3" East
260..31 feet;. Thence North 00' 08' 50" West 105.09 feet to
the South right-of-way'line of Pine Ridge Rood (C.R. 896):
Thence South 86' 59' 07" East 21.87 feet along said South
right-of-way line: Thence continue along said South right-of-
way, line 91.9S feet along the arc of 0 circular curve concave
to the Northerly, radius 1650.00 feet, chord 91.97 feet,
chord bearing South 88' .30' 40" East; Thence North
a9' 55' 27" East 2.3.13 feet along said right-of-way; Thence ':,('luth
00' 11' 19'" West 301.S6 feet to the South line of said Lot
51; Thence South S9' 54' lS" West 397,16 feet along said
South line to the POINT OF BEGINNING.
EXCEPTING the following describeq parcel:
The South 40.00 feet ot the North 117 .00 feet of th
42.00 feet of the West 122.00 feet of the East 137.
the West 637.1 0 f~et' of' said ".Lot 51.
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, . ~'Exhibit "A" I
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