Resolution 2004-349
'? 41..
RESOLUTION NO. 04- 349
RELA TING TO PETITION NUMBER NUA-2002-
AR-2995, FOR A NON-CONFORMING USE
AL TERA TION APPROVAL, TO ENABLE UNIT
OWNERS TO REPLACE EXISTING NON-
CONFORMING STRUCTURES, IN CONFORM-
ANCE WITH THE FIRE CODE AND SO AS NOT
TO INCREASE THE EXISTING NON-
CONFORMITIES ON 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
(Ordinance No. 91-102), as amended, which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of requests for
non-conforming use alteration, 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 non-conforming use alteration, to
enable unit owners to replace existing non-conforming structures, in conformance with the
Fire Code and so as not to increase the existing non-conformities in a Mobile Home (MH)
Zone 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 9.03.03.B of the 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 Petition Number NUA-2002-AR-2995, filed by Bob Reed representing
Holiday Manor Cooperative, Inc. property owner, with respect to the property hereinafter
described in Exhibit A, be and the same hereby is approved for a non-conforming use
alteration in the Zoning District wherein said property is located, subject to the following
stipulations:
I. The number of units shall not be increased. The site is limited to 312 unit or
lease sites, of which 187 shall be utilized for a mixture of single-and double-wide
mobile homes, and 125 sites shall be used for a combination of RV trailers, park
model units, and motor coaches; and
Page 1 of 2
'F 7 t..
2. All principal structures must maintain a minimum separation distance of ten (10)
feet, and accessory structures must maintain a minimum separation distance of
either ten (10) feet or zero (0) feet if attached to a principal structure or attached
to another accessory structure and both of those accessory structures are
separated by a minimum of 10 feet from all principal structures; and the subject
site must comply with Fire Codes.
BE IT RESOLVED that this Resolution relating to Petition Number NUA-2002-AR-
2995 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
2004.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
,\S%'t..O:j . c"
of:) . ':"""""<:;"-.;0,
..~.
.( .
4L~ J~
DONNA FIALA, CHAIRMAN
BY:
Approved as to Form
and Legal Sufficiency:
~~~~
Patrick G. White .
Assistant County Attorney
Exhibit A: Legal Description
1I1lT;' .t::}R
~:dal.i::!la:D4
~:d I ill:D.9
Page 2 of 2
7 A-
L~{)~ [)~s<;riptiom
ALL THAT f'AI?T OF' THe NOIeTH 501.4'1.3 l'T~r or rHf." eSrA8U5ffElJ 50tJf'H HALF'
CS J/Z.) or T1'-If SOt.mt NAJ.f CS Z/2J or SCCTlOH 3. TO'IIN5I-r.5! 50UTft
~aE 2G rAST.' (;Of..LIlR COUfrr'. rt.OfCJJA. J.ma CA5~r Of'" STAr~ ~OAD
'1S1 ANO WEsroet. '( or rH!" ct::NTERLH! Of A COUfrY DlfAAVAGe EAs.t9fNr AS
f)~SCR4JaJ c.,. 115T~t.Jf1eNr Rr:CORf)cf) It! aF"ClAL RECaI?D aOQlf iG. Ar ,PAGe
127. or ~ P.lBUC R~caIWS CJI'" COl.L..4:R cCJl.Alrr; ftORC?A.
SlAJ-Lcr ra eAS01t!Nrs. ~eSrI:fC17ON5 AN/) ~5~YA flONS or ~ECOteO.
Holiday Manor Cooperative, Inc.
NUA-2002-AR-2995
Exhibit A