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Resolution 1993-564r DECEMBER 14, 1993 RESOLUTION NO. 93- 56Q RELATING TO PETITION NUMBER AW -93 -3 FOR A WAIVER OF A PORTION OF THE SEPARATION REQUIREMENT BETWEEN AN ESTABLISHMENT WHICH SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES AND A DAY CARE CENTER FOR 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 business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ord. 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, 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 day care center; 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 has 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 600K QGO PAGE 45 -1- DECEMBER 14, 1993 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 -93 -3 of Homer Varner represented by Anthony P. Pires, Jr., with respect to the property hereinafter described as: EXHIBIT "A" be and the same hereby is approved for a waiver of 290 feet from the minimum separation requirement of 500 feet between the above described property and the lot on which the nearest established day care center is located, with a resulting required minimum separation requirement of 210 feet. BE IT RESOLVED that this Resolution relating to Petition Number AW -93 -3 be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing resolution and moved for its adoption, seconded by Commissioner Commissioner Matthews and upon roll call the vote was: AYES: Commissioner Constantine, Commissioner Matthews,, Commissioner Norris, Commissioner Saunders NAYS: ABSENT AND NOT VOTING: Commissioner Volpe ABSTENTION: Done this t ;i .�iQ� r _ day of December 1993. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, dLERK COLLIE COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: I IAnwQn A i( tsePllnc (j(1 A�+ AASSISTANTMCOUNTY EATTORNEY 6004 UQ PAE YU AW -93 -3 WAIVER RESOLUTION /mh/10627 -2- DECEMBER 14, 1993 Legal Description WTS 1 AND 2. BLOCK NINE, NAPLES MANOR W(FS� AS RECORDED IN PUT BOOK 3, PAGES 86 AND 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALSO A PORTION OF A VACATED DRAINAGE DITCH SHOWN ON SAID PLAT OF NAPLES MANOR LAKES ADJOINING SAID LOTS 1 AND 2 DESCRIBED AS FOLLOWS: FROM THE POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF NAPLES MANOR LAKES AND THE NORTHEASTERLY RIGHT - OF -WAY LINE OF U.S. 41 (TAMWMI TRAIL). RUN N 39'31'30r W. ALONG SAID RIGHT -OF -WAY LINE. FOR 19.43 FEET; THENCE RUN N 89'57'30' E. ALONG THE SOUTH LINE OF LOTS 1 AND 2, BLOCK NINE. SAID NAPLES MANOR LAKES. FOR 225.48 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE RUN S 5518'30' W. FOR 28.58 FEET TO A POINT ON SAID SOUTH BOUNDARY OF NAPLES MANOR LAKES; THENCE RUN S 89'57'30' W. ALONG SAID SOUTH BOUNDARY, FOR 188.80 FEET TO THE POINT OF BEGINNING. AND ALSO A LOT OR PARCEL, OF LAND LYING IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLDER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 32 WITH THE NORTHEASTERLY RIGHT -OF -WAY LINE OF THE TAMUMI TRAIL (U.S. 41) RUN N 89'57.30' E 188.80 FEET ALONG FEET TO THE SAID RIG LINE OF HT-OF-WAY R GHT- OFCWAY LINE; THENCESN53 '3 3(f W 147.09 100.00 FEET ALONG THE RIGHT -OF -WAY LINE TO THE POINT OF BEGINNING SUBJECT TO A DRAINAGE EASEMENT OVER AND ACROSS THE FOLLOWING DESCRIBED PORTION THEREOF: FROM THE POINT OF BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2. RUN S 58'18'3T W. FOR 30.89 FEET; THENCE N 3731'30" W. FOR 21.01 FEET TO A POINT ON THE SOUTH LINE OF LOT 2; THENCE N 89'57'30" E. ALONG SAID SOUTH LINE. FOR 39.66 FEET TO THE POINT OF BEGINNING. EiHIBIT nae 1100K `CCU PAGE 47