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Resolution 2016-234 RESOLUTION NO. 16—234 A RESOLUTION DENYING PETITION ADA-PL20160002324, WHICH APPEALED THE ZONING DIRECTOR'S REVOCATION OF AN ADMINISTRATIVE PARKING REDUCTION FOR THE BEACH BOX CAFÉ ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF GULF SHORE DRIVE AND VANDERBILT BEACH ROAD, IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.04 of the Land Development Code sets forth requirements and standards for required parking, and allows for an administrative parking reduction; and WHEREAS, on September 22, 2015, Zoning Director Mike Bosi issued Administrative Parking Reduction APR-PL20150001922 (the APR), reducing the required parking from 47 parking spaces to 16 parking spaces for the Beach Box Café, located at the northeast corner of Gulf Shore Drive and Vanderbilt Beach Road in Collier County, Florida; and WHEREAS, at its regular public meeting on April 12, 2016, the Board of County Commissioners directed staff to re-evaluate the issuance of the APR for Beach Box Café, in reaction to a public petition made by Anthony P. Pires, Jr., Esq.; and WHEREAS, the Zoning Director subsequently re-issued the APR for Beach Box Café on May 18, 2016, based upon which Anthony P. Pires, Jr., Esq., representing a coalition of property owners, filed Petition ADA-PL20160001347 on June 15, 2016, which appealed the re-issued APR; and WHEREAS, on August 12, 2016, the Zoning Director issued a revocation of the APR for Beach Box Café based on error; and WHEREAS, Brian O. Cross, Esq., representing Beach Box Café, filed Petition ADA- PL20160002324 on September 7, 2016, which appealed the revocation of the APR; and WHEREAS, on October 25, 2016, the Board of County Commissioners, acting as the Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition ADA-PL20160002324; and [16-CPS-01567/1298238/1]49 WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number ADA-PL20160002324, filed by Brian O. Cross, Esq., of Goede, Adamczyk, DeBoest & Cross, PLLC, on behalf of Vaguna Corporation, owner of Beach Box Café, is hereby DENIED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 25, 2016. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board after motion to approve the subject appeal failed to achieve the necessary majority vote for approval, and thus, the appeal is considered denied, effective on this 25th day of October, 2016. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROC"K. ERK COLLIER COUNTY, FLORIDA 1;4.By: A J. Ey: i�'YhQ ' uty �' Donna Fiala, Chairwoman Attest as tcleha►rman5 k signature only. Approved as to form and legality: ILJ-f'l Heidi F. Ashton-Cicko Managing Assistant County Attorney [16-CPS-01567/1298238/1]49 -