Resolution 2009-021
RESOLUTION NO. 09- 21
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-13601, FOR A VARIANCE FROM
SUBSECTION 4.02.27.A. OF THE LAND DEVELOPMENT
CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A
P ARCEL HAVING LESS THAN THE MINIMUM 440 FEET
STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON
THE WEST SIDE OF STATE ROAD 29 IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS 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
business regulations as are necessary for the protection ofthe public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance to
Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the
minimum 440-foot street frontage width, as shown on the attached Exhibit "A", in the
Commercial Intermediate (C-3) Zoning District within the Immokalee-State Road 29 Commercial
Overlay Subdistrict 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 9.04.00 of the LDC for the unincorporated area
of 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 presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
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The Petition Number V A-2008-AR-13601 filed by Green Engineering, Inc. on behalf of
Okeechobee Inn, Ltd., with respect to the property hereinafter described as:
The Southerly 322.6 feet of the Northerly 645.1 feet of the Southeast Quarter (SE \14)
of the Northeast Quarter (NE \14) of Section 32, Township 46 South, Range 29 East,
Collier County, Florida.
Excepting therefrom the right of way for State Road No. 29 over and across the
Easterly 100 feet thereof.
be and the same hereby is approved for a variance to Subsection 4.02.27.A. of the LDC to allow
access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as
shown on the plan attached as Exhibit "A", in the zoning district wherein said property is located,
subject to the conditions attached as Exhibit "B".
BE IT FURTHER RESOLVED that this Resolution does not waive any state or county
requirements for owner to obtain a right-of-way permit for construction of a driveway connection.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this
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day of
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,2009.
ATTEST:,":" , .'
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DWIGHTE.,BROCK; CLERK
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Approved as to form
and legal sufficiency:
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Heidi Ashton-Cicko
Assistant County Attorney
By:
BOARD OF ZONING APPEALS
COLLIE COUNTY, FLORIDA
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DONNA FIALA, Chairman
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08-CPS-00884/15HFAC 12.22-08
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GINA R GREEN,
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Exhibit A
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CONDITIONS OF APPROVAL
V A-2008-AR-13601
DECEMBER 18, 2008
I. All access to State Road 29 from the 9.04-acre tract shall be through the
access location approved as part of this Variance, even if portions of the
property are subsequently sold to another owner.
2. The slope easement depicted on the site plan adjacent to the access drive shall be
modified, if needed, to include public and/or private utilities.
3. The site plan attached as Exhibit A, entitled "Conceptual Site Plan" is conceptual
in nature, with the final location of the access point to State Road 29 to be
determined at the time of permitting by the by the Florida Department of
Transportation.
EXHIBIT B
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