Resolution 2008-334
RESOLUTION NO. 08- 334
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA
RELATING TO PETITION NUMBER NUA-2007-
AR-12575, FOR A NON-CONFORMING USE
ALTERATION APPROVAL TO ENABLE UNIT
OWNERS TO REPLACE EXISTING NON-
CONFORMING STRUCTURES, IN CONFORM-
ANCE WITH NFPA SOIA 2000 EDITION AND SO
AS NOT TO INCREASE THE EXISTING NON-
CONFORMITIES. THE SUBJECT 44.46 oi ACRE
PROPERTY IS LOCATED IN THE HITCHING
POST CO-OP SUBDIVISION ALONG THE WEST
SIDE OF BAREFOOT WILLIAMS ROAD,
APPROXIMATELY 200 FEET SOUTH OF THE
INTERSECTION OF BAREFOOT WILLIAMS
ROAD AND TAMIAMI TRAIL EAST, IN SECTION
33, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
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 business 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), as amended, which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of requests for
non-conforming use alteration; 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 non-conforming use alteration, to
enable unit owners to replace existing non-conforming structures, in conformance with
NFPA SOIA 2000 edition and so as not to increase the existing non-conformities in a
Mobile Home (MH) Zone for the property hereinafter described, and has found as a matter
Page 1 013
of fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 9.03.03.B of the Land
Development Code for the unincorporated area of Collier County, and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; 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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
The Petition filed by Tim Hancock, AICP, Davidson Engineering,
representing Hitching Post Co-Op, Inc. with respect to the property herein after
described as:
EXHIBIT "A"
Attached hereto and incorporated by reference herein.
be and the same hereby is approved for a non-conforming use alteration in the
Zoning District wherein said property is located, subject to the following conditions:
1. All principal structures must maintain a minimum separation distance of ten
(10) feet from other principal structures.
2. All structures must comply with NFPA SOIA 2000 edition.
3. The number of units shall not be increased. The site is limited to 368 units and
leased sites.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number
NUA-2007-AR-12575 (NG) be recorded in the minutes ofthis Board.
This Resolution adopted after motion, second and majority vote.
Page 2 01 3
Done this 16
day of ~VAW\\1u 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
D.e
, ','. -~
AttfJt Is to ~ 1'''~1l s
Appr~J~8fth.-j ~
and Legal ~l1fficieney:'" .
"- .ft n".J'
H-- 7WL~
Steven T. Williams
Assistant County Attorney
Exhibit "A" Legal Description (attached)
CP\08-CPS.OO792\Reso-STW
Page 3 01 3
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
IRMAN
LEGAL DESCRIPTION
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, RUN NORTH
02037'04" EAST 1236.38 FEET ALONG THE WEST BOUNDARY OF SAID
SECTION 33 TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH
02037'04" EAST 1365.81 FEET TO THE WEST 1/4 CORNER OF SAID
SECTION; THENCE NORTH 02049'48" EAST 646.73 FEET ALONG THE WEST
BOUNDARY OF SAID SECTION 33; THENCE SOUTH 54OZ5'01" EAST
1009.74 FEET TO A POINT ON THE CENTERLINE OF BAREFOOT
WILLIAMS ROAD; THENCE SOUTH 35034'59" WEST 7.46 FEET TO A POINT
OF CURVE; THENCE 186.21 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE TO THE EASTERLY, SAID CURVE HAVING A RADIUS
OF 170.00 FEET, CHORD BEARING SOUTH 04 012'15" WEST 177.04 FEET TO
A POINT OF TANGENCY; THENCE SOUTH 27010'29" EAST 438.37 FEET TO
A POINT OF CURVE; THENCE 438.96 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE TO THE NORTHEASTERLY, SAID CURVE
HAVING A RADIUS OF 2430.00 FEET, CHORD BEARING SOUTH 32OZ0'59"
EAST 438.36 FEET TO A POINT OF TANGENCY; THENCE CONTINUE
ALONG THE CENTERLINE OF BAREFOOT WILLIAMS ROAD SOUTH
37031 '29" EAST 605.43 FEET; THENCE NORTH 89059'22" WEST 1701.73 FEET
TO THE POINT OF BEGINNING. CONTAINING 44.46 GROSS ACRES MORE
OF LESS, 43.33 NET ACRES MORE OR LESS. THE NORTHEASTERLY 10.00
FEET RESERVED FOR AN INGRESS AND EGRESS EASEMENT AND THE
EASTERLY 30.00 FEET RESERVED FOR A COUNTY ROAD RIGHT OF WAY.
EXHIBIT "A"