Resolution 2006-108
RESOLUTION 2006- 108
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY RELATING TO PETITION
NUMBER V A-2005-AR-8857, FOR AN 11.66-FOOT
V ARIANCE FROM THE REQUIRED 25-FOOT SIDE YARD
SETBACK TO PERMIT A 13.34-FOOT SIDE YARD AND A
14.99-FOOT VARIANCE FROM THE REQUIRED 15-FOOT
SIDE YARD SETBACK TO PERMIT A O.Ol-FOOT SIDE
YARD ON PROPERTY LOCATED AT 4351 BONITA
BEACH ROAD.
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
(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 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 an 11.66-foot variance from the required side
yard setback of 25 feet to 13.34 feet and a 14.99-foot variance from the required side yard
setback of 15 feet to 0.01 feet as shown on the attached plot plan, Exhibit "A", in the General
Commercial (C-4) zoning district 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
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-2005-AR-8857 filed by Carlo F. Zampagno of Woodward, Pires &
Lombardo, PA, representing Laura and Angelo Puleio and Enzo's Pizzeria and Italian
Restaurant, with respect to the property hereinafter described as:
Lots 1 and 2, Block 2, BONITA SHORES, Unit 1, a subdivision according to
the map or plat thereon on file and recorded in the office of the Clerk of the
Circuit Court of Collier County, Florida, in Plat Book 3, Page 1.
be and the same hereby is approved for an 11.66-foot variance from the required side yard
setback of25 feet to 13.34 feet and a 14.99-foot variance from the required side yard setback
of 15 feet to 0.01 feet as shown on the attached plot plan, Exhibit "A", of the Zoning District
Page 1 of2
wherein said property is located, subject to the conditions contained in Exhibit "B", which is
attached and incorporated by reference herein,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2005-AR-8857 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this d S 'th day of
~p,';l
, 2006,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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Frank Halas, Chairman
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, epu Clerk
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Page 2 of2
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LOT 2 @
LOT 1
ONCRETE:
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1.J X 2.5 (TYP.)
ASPHALT PARKING LOT
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14357
ENZO'S RESTAURANT
2-STORY CBS BUILDING
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57.81'
6' CHAIN
LINK FENCE: ,
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60.00 , -
_ _ _ S 8!r35'OO.
152.92
BUILDING ADD/TTON
UNOER CONSTRUCTION
. ELEV. "" 14,69 ,
CONCRETE: SLAB WITH 10S
HIGH CBS WALLS
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EXHIBIT "A"
CONDITIONS OF APPROVAL
V A-2005-AR-8857
EXHIBIT "B"
1. The variance is limited to allow only the new addition and the previously approved
encroachments that encroach into the required side yard on the south and west sides
of the property as depicted on the applicant's boundary survey, to remain in place;
2. A Site Development Plan Amendment will be completed depicting existing
conditions;
3. No further encroachments shall be permitted; and
4, The vegetation along the southern property line that was damaged by recent tropical
storm events will be replaced.