Resolution 1993-429 I SEPTEMBER 28, 1993
RESOLUTION NO. 93- 429
RELATING TO PETITION NUMBER AW-93-2 FOR A
WAIVER OF A PORTION OF THE SEPARATION
; I • 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
unincorpa!ated 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
WHEREAS, all interested parties have been given an opportunity to
be heard by Board this in public meeting assembled and the Board having
considered all matters presented;
BOOK 000 PAq 219
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• SEPTEMBER 28, 1993
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The petition AW-93-2 of Robert D. Buonpane, on behalf of Nunzio's
Pizzeria, with respect to the property hereinafter described as:
200 Block of Golden Gate City, Unit 6,
Collier County, Florida
be and the same hereby is approved for a waiver of 215 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
285 feet, subject to the following conditions:
Alcohol sales shall not exceed 49% of the business's total
food and alcohol sales.
BE IT RESOLVED that this Resolution relating to Petition Number
AW-93-2 be recorded in the minutes of this Board.
Commissioner Matthews offered the foregoing
resolution and moved for its adoption, seconded by Commissioner
Vnlpi. and upon roll call the vote wast
AYES: Commissioner Matthews, Commissioner Volpe, Commissioner Norris
Commissioner Constantine
s
NAYS:
ABSENT AND NOT VOTING: Commissioner Saunders
ABSTENTION:
a. Done th
"It \ J 28 day of September 1993.
ea
ATTEST: i . .tom BOARD OF ZONING APPEALS
DWIGHT E. BROCK, ''CLERK COLLI A- , FLORIDA
r1
i
d ' .
CHAIRMAN
`1/;//
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
`rte H. S
MP.RJ ZE }i. STUDENT
ASSISTANT COUNTY ATTORNEY
WAIVER RESOLUTION
db/10291 600( 000 FA'.'220
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