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Resolution 2005-135 RESOLUTION NO. 05-1~5 RELATING TO PETrTION NUMBER V A-2003-AR-4327 REQUESTING VARIANCES IN TilE VILLAGE RI:SIDENTIAL (VR) ZONING DISTRICT AS FOLLOWS: I) FROM TilE MINIMllM LOT AREA REQUIRED FOR A CONDITIONAL liSE, TO ALLOW AN EXISTING 0.6<) ACRE SITE TO BE DEVELOPED FOR A CI lURCH; 2) TO REDUCE THE 35-1'00'1' FRONT YARD SETBACK TO 20 FEET; 3) TO REDUCE THE 33 PARKING SPACES TO 19 SPACES; AND 4) TO REDUCE TilE LANDSCAPE BUFFER ON THE NORTII AND SOUTH PROPERTY LINES FROM A 15-FOOT TYPE "B" TO A 10-FOOT WIDE TYPE "13" BUFFER, FOR PROPERTY LOCATED IN SECTION 4, TOWNSIIIP 47 SOUTH, RANGE 29 EAST 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 (Ordinance No. 2004-41, as amended) which establishes regulations Jor the zoning of particular geographic divisions of the County, among which is the granting of variances; 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 variances to allow development of a church (LDC 94.02.02.E.) as a Conditional Use on an existing tract containing 0.69 acres instead of one acre; to reduce front yard setback from 35 feet to 20 feet; to reduce the number of parking spaces from 33 to 19 spaces (LDC 94.04.04.G.Tablc 17); and 4) to reduce the landscape buffer on the north and south property lines from a 15-foot type "13" to a to-foot wide type "13" buffer (LDC 04.06.02 Table 24), as shown on the attached site plan, Exhibit "A", in a Village Residential (VR) Zone f()r 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 Zoning Regulations of said Land Development Code 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: The Petition V A-2003-AR-4327 filed by Rona]d F. Nino, AICI', of Vanasse & Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in Exhibit "13" attached hereto and incorporated by reference herein, be and the same hereby is approved for variances in the Village Residential (VR) Zoning District to allow development of a Page 1 012 church (subject to separate conditional use approval) on an existing tract containing 0.69 acres instead of one acre; to reduce front yard setback from 35 feet to 20 feet; to reduce the number of parking spaces from 33 to 19 spaces; and 4) to reduce the landscape buffer on the north and south property lines from a 15-foot type "13" to a 10-foot wide type "13" buffer, as shown on the attached site plan, Exhibit "A", subject to the conditions found in Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2003- AR-4327 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ;?J ki - day of h7t11' t! ,h ,2005. ATTEST: DWlmIT'INfR;CCK, CLERK ,"'".' . . . . . ~' BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA J ."'.... ~)jd\1l lrLtfI OC; ttilit is "tf~1 , "s~~"1If~oA11. FRED~~;I~----' Approved as to Form and Legal Sufficiency: ~^~~ Patrick G, White Assistant County Attorney Exhibits: A. Conceptual Site Plan, entitled, "Tabernacle of Bethlehem," prepared by Vanasse Daylor, last revised August 26,2003, B. Legal Description C. Conditions Page 2 012 ",.,.." , ., - O/JUOU"I"""''''NOJ wwlIS~i i~ ""'0.001 ~ INJ)S PIf I<l""S ~IJ( 10 om.- 6~'O IU8l/8MtflJO~=:-ll ",.""."", . - " ".' - , Ii'flfr7J ,- -- J. II' ~ '"' "'8-Od JOI "0 I:' , SJ.N:JNm,,,,_,.,,,,,,,,,,,,,a"NJi' '" .O-LO-Z, < -- --I ""1'U/I"""""""I1 .- -. .. SJ.N"""""''''m.~,,".,, 0',..,. .. ro/H'", '-. 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I I . ~ I I ,L/ , V A- 2003-AR-4327 Exhibit A 1"/\1 S~ zo I ~ ~OO<:l~OIl~ '&.p vdS-90~OM90Wv\Wr'~I,alc.a\ 8 LEGAL DESCRIPTION BEGINNING A T THE NORTHEAST CORNER OF THE 'vIEST 380 FEET OF THE EAST 1070 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTID^, 4, TO'vINSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID TRACT 'vIEST 380 FEET OF THE EAST 1070 FEET TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEET; THENCE RUN 'vIEST 120 FEET; THENCE RUN NORTH 250 FEET, THENCE RUN EAST 120 FEET TO A POINT OF BEGINNING. SAID PROPERTY BE:1NG ALSO DESCRIBED AS LOTS 3, 4, 5, 6 AND 7, OF A MAP OF A SUBDIVISlDN PROPOSED TO BE RECORDED UNDER THE NAME OF LAKE VIE'vI PROPERTIES. VA-2003-AR-4327 Exhibit B CONDITIONS OF APPROVAL V A-2003-AR-4327 The foregoing variance petition approval is subject to the following conditions: I, The variances granted are limited to the use of the existing structure for a house of worship, as depicted and more particularly described in the applicant's site plan entitled, "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. 2. The yard variance being granted is limited to allowing the encroachments of the existing building solely for use as a church. Any other conditional use is subject to re-review of the variance issues. 3, Parking within 3rd Street South right-of-way IS prohibited, All parking must be contained on-site. 4. No variances have been granted to reduce any buffer requirements except for width or to provide relief from the requirement to provide a wall along any project boundary, Buffering materials for the church use must be provided in compliance with the LDC requirements unless separate administrative variance relief is sought and approved in compliance with the LDC, 5. No expansion or enlargement of the existing building is permitted. 6. The developer will maximize the subject site's land area to provide additional parking spaces, up to the maximum number of parking spaces that can be accommodated on the site, in the area between what is shown on the site plan as "paved aisle" and the western property boundary, (Revised February 3, 2005 to incorporate the CCPC recommendation) EXHIBIT C