Backup Documents 04/28/2009 Item #17B
170
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location, etc.) ~
*************************,************************************************************* * **~,~
Originating Dept! Div: CDES./ZoninlZ Person:John-David Moss, AICP Date: \.~\ U ,
Petition No. (If none, give brief description): V A-2008-AR-14017, Shell Pump Canopy ?
Petitioner: (Name & Address): 'Bert Thomas, Architect, 314 West Windhorst Rd., Brandon, FL 33510
Name & Address of any person(s) to be notified by Clerk's Office: (ltrnore space is needed, attach separate sheet) Merit Petroleum
Co., P.O. Box 816, LaBelle, FL 33975
Hearing before BCC
BZA
Other
Requested Hearing date:
April 28. 2009
Based on advertisement appearing 15 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: Petition: VA-2008-AR-14017, M.erlt Petroleum
Company, represented by Bert Thomas, is requesting five Variances from the minimum 50-foot front yard setback requirement of
Lal}d Development Code (LDC) Subsection 5.05.05, Automobile Service Stations, for two gasoline pump dispenser islands and a
canopy in the General Commercial (C-4) and Main Street Overlay Subdistrict (MSOSD) to allow a reduced setback along West
Main Street to 48 feet and 31 feet for the dispenser islands and 38 feet for the canopy; and along 71h Street South to 33 feet for the
westernmost dispenser island and 41 feet for the canopy. The O.4S-acre subject property is located at 617 West Main Street, in
Section 4, Township 47 South, Range 29 East, Immokalee, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Re~ '1'"n. /~
Bfvision Administrator or Designee
9/3, /01
Date I .
List Attachments:
DISTRlBUTIONINSTRUCTIONS
A. For bearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is i1ivolved, be sure that any necessary legal review, or
request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will
distribute copies:
County Manager agenda file: to
Requesting Division
OrigInal Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
*****************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: ~ate of Public hearing: ~ Date Advertised: ~d1
171
RESOLUTION 09-_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER V A-2008-AR-14017, FOR FIVE VARIANCES FROM
LDC SUBSECTION S.05,05.B. TO ALLOW REDUCED FRONT
YARD SETBACKS ALONG WEST MAIN STREET AND 7TH
STREET SOU1lI FOR GASOLINE PUMP DISPENSER
ISLANDS AND GASOLINE PUMP CANOPlES ON
PROPERTY LOCATED AT 617 WEST MAIN STREET,
HERElNAFTER DESCRIBED IN IMMOKALEE, 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 (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 Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance
from LDC subsection 5.0S.05.B, which requires a minimum front yard setback of 50 feet for
automobile service stations, to allow reduced front yard setbacks, in order to install gasoline
pwnp dispenser islands and gasoline pump canopies as shown on the attached Exhibit "A", in the
General Commercial (C-4) zoning district and Main Street Overlay Subdistrict (MSOSD) 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 COWlty; and
1
178
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 Number V A-2008-AR-14017 filed by Bert Thomas on behalf of Merit
Petroleum Company with respect to the property located at 617 West Main Street, in Section 4,
Township 47 South, Range 29 East, Immokalee, Collier County, Florida, and further described
as:
Lots 4 and 5, Block 5, Carson's Subdivision, according to the plat thereof
recorded in Plat Book 2, Page 40, Public Records of Collier County, Florida,
LESS the Northerly 20 feet of the above parcel conveyed to the State of Florida
by deed recorded in Deed Book 9, Page 452, Public Records of Collier County,
Florida
be and the same hereby is approved for variances from LDC subsection 5.05,05.B to allow:
1. A 12-foot Variance from the 50-foot front yard setback along West Main Street
(SR 29) to permit a 38-foot setback for the dispenser island canopy;
2. A 9-foot Variance from the 50-foot front yard setback along 7th Street South to
permit a 41- foot setback for the dispenser island canopy;
3. A 19-foot Variance from the 50-foot front yard setback along West Main Street
to permit a 31- foot setback for the easternmost fuel pump dispenser island;
4. A 2-foot Variance from the 50-foot front yard setback along West Main Street to
permit a 48-foot setback for the westernmost fuel pump dispenser island; and
5. A 17-foot Variance from the 50-foot front yard setback along 7th Street south to
pennit a 33-foot setback for the westernmost fuel pump dispenser island.
as shown on the attached Exhibit "A", incorporated herein and by reference made a part hereof,
in the zoning district wherein said property is located; and subject to the Conditions of Approval
attached hereto as Exhibit "B".
2
178
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this _ day of
.2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chairman
Approved as to fonn and
legal sufficiency:
y\ fP.~"\
?\ \\\
Heidi Ashton-Cicko
Assistant County Attorney
08-CPS-00911/15 HFAC 3/10/09
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178
CONDITIONS OF APPROVAL
V A-2008-AR-14017
March 12, 2009
1. The Variances approved are strictly limited to the front yard setbacks, as depicted
on the applicant's conceptual site plan, entitled "Proposed Renovations to
Immokalee Shell," prepared by Bertram Aubrey Thomas, Architect, and dated
December, 2008, as revised through March 10, 2009, and as further restricted
below.
2. The 12-foot setback Variance granted for the dispenser island canopy is limited to
the northern, West Main Street (SR 29) property boundary, as depicted in the
conceptual site plan included as Exhibit A, to allow a reduction of the 50-foot
front yard setback requirement;
3. The nine-foot setback Variance granted for the dispenser island canopy is limited
to the western, 7th Street South property boundary, as depicted in the conceptual
site plan included as Exhibit A, to allow a reduction of the 50-foot front yard
setback requirement;
4. The 19-[00t setback Variance granted for the easternmost fuel pump dispenser
island on the site is limited to the northern, West Main Street (SR 29) property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 50-foot front yard setback requirement;
5. The two-foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the northern, West Main Street property boundary,
as depicted in the conceptual site plan included as Exhibit A, to allow a reduction
of the 50-foot front yard setback requirement; and
6. The 17 -foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the western, 7th Street South property boundary, as
depicted in the conceptual site plan included as Exhibit A, to allow a reduction of
the 50-foot front yard setback requirement.
7. Irrespective of that depicted on the conceptual site plan, the site shall comply to
the extent feasible with the landscaping requirements of LDC 5,05.05, and all
other applicable regulations, as determined by County Zoning and Land
Development Review staff at the time of site development plan (SDP) review and
approval.
EXHIBIT B
178
ACCOUNT #068779
April 1, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: V A-2008-AR-14017: Shell Pump Canopy
Dear Legals:
Please advertise the above referenced notice on Sunday, April 12, 2009 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
NOTICE OF PUBLIC HEARING
l?B
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, April 28, 2009, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2008-AR-
14017, FOR FIVE VARIANCES FROM LDC SUBSECTION S.OS.OS.B. TO
ALLOW REDUCED FRONT YARD SETBACKS ALONG WEST MAIN STREET AND
7TH STREET SOUTH FOR GASOLINE PUMP DISPENSER ISLANDS AND
GASOLINE PUMP CANOPIES ON PROPERTY LOCATED AT 617 WEST MAIN
STREET, HEREINAFTER DESCRIBED IN IMMOKALEE, COLLIER COUNTY,
FLORIDA.
Petition: VA-2008-AR-14017, Merit Petroleum Company, represented
by Bert Thomas, is requesting five Variances from the minimum 50-
foot front yard setback requirement of Land Development Code (LDC)
Subsection 5.05.05, Automobile Service Stations, for two gasoline
pump dispenser islands and a canopy in the General Commercial (C-
4) and Main Street Overlay Subdistrict (MSOSD) to allow a reduced
setback along West Main Street to 48 feet and 31 feet for the
dispenser islands and 38 feet for the canopy; and along 7th Street
South to 33 feet for the westernmost dispenser island and 41 feet
for the canopy. The 0.45-acre subject property is located at 617
West Main Street, in Section 4, Township 47 South, Range 29 East,
Immokalee, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
17E
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252-8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
( SEAL)
178
April 1, 2009
Bert Thomas, Architect
314 West Windhorst Road
Brandon, FL 33510
RE: V A-2008-AR-14017: Shell Pump Canopy
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
178
April 1, 2009
Merit Petroleum Co.
P.O. Box 816
LaBelle, FL 33975
RE: V A-2008-AR-14017: Shell Pump Canopy
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
Dwight E. Brock
Clerk of Courts
1~~fY~91~-€Qllier
~.,/, ,
CLERK OF THE GIRClJIT COURT
COLLIER COUNTY ,COURTHOUSE
j \
3301 TAMIAMI tRAIL EAST
P.O. BOX 4\3044
NAPLES, FLORIDA14101-3Q44
}~, '
'~f'K.'
1?8
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
April 1, 2009
'~.--/,.,
Merit Petroleum Co.
P.O. Box 816
LaBelle, FL 33975
RE: V A-2008-AR-14017: Shell Pump Canopy
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~~k~\c
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
April 1, 2009
(ie~~!jL..?f"~qllier
CLERK OF THE CIRCtJIT COURT
COLLIER COUNTY,COUR1f10USE
3301 TAMIAMI ~IL EAsT
P.O. BOX 4\3044 \,
NAPLES, FLORIDA'']4101-3Q44
)~
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178
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Bert Thomas, Architect
3 14 West Windhorst Road
Brandon, FL 33510
RE: V A-2008-AR-14017: Shell Pump Canopy
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~s?~~
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L. Polaski
178
To:
Subject:
legals@naplesnews.com
VA-2008-AR-14017
Attachments:
V A-2008-AR-14017 .doc; V A-2008-AR-14017 .doc
Legals,
Please advertise the following on Sunday, April 12, 2009. Thanks
VA-2008-AR-1401 VA-2008-AR-1401
7.doc (28 KB) 7.doc (29 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk.com)
1
178
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, April 01, 2009 8:37 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT165399.txt; VA-2008-AR-14017
!';:,'1
~
~7J
L::J
A TT165399.txt VA-2008-AR-1401
(231 B) 7
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
V A-2008-AR-14017
Page 1 of 1
Teresa L. Polaski
178
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, April 01,20099:58 AM
Teresa L. Polaski
Subject: RE: V A-2008-AR-140 17
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, April 01, 2009 8:37 AM
Posted To: Legals - NDN
Conversation: VA-2008-AR-14017
Subject: VA-200B-AR-14017
Legals,
Please advertise the following on Sunday, April 12, 2009. Thanks
<<V A-2008-AR-14017 .doc>> <<V A-2008-AR-14017 .doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Polaski@collierclerk.com)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
411/2009
Teresa L. Polaski
178
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, April 01, 2009 12:42 PM
Teresa L. Polaski
Ad Confirmation
Attachments:
UAS3C4.jpg
UAS3C4.jpg (97
KB)
petition: VA-2008-AR-14017
Ad Number 1790487
Total Ad Cost $478.10
Thank you for placing your ad.
Emely Pagan
213-6061
1
NOTICE OF PUBLIC HEARING
Notl(;e is I,ereby given that the Board of County
Commissioners. i:\S the Board of Zoning Appeals. of
Collier County will hold a public hearing on Tues-
day. As)ril 28.2009. in the 8oardroom. 3rd Floor. Ad-
ministration Bulldlng, CoUler CQunty Government
Center. 3301 East Tamiami Trail. Naples. Florida.
The meeting will b~in at 9:00 A.M. The title of the
proposed resolution 1$ as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEAlS
OF COLLIER COUNTY, fLORIDA. RELATING TO PETI-
TION NUMBER VA.2Q08.AR-14017. FOR FIVE VARI-
ANCES FROM LDe SUBSECTION 5.05.05.B. TO ALLOW
REDUCED FRONT YARD SETBACKS ALONG WEST
MAIN STREET AND 7TH STREET SOUTH FOR GASO-
LINE PUMP DISPENSER ISLANDS AND GASOLINE
PUMP CANOPIES ON PROPERTY LOCATED AT 617
WEST MAIN STREET. HEREINAFTER DESCRIBED IN
IMMOKALEE, COLLIER COUNTY, FLORIDA.
pet'itlon: V A.2008.AR-14017, Merit Petroleum Com-
pany. represented by Bert Thomas. is requesting
fiVG,Variances from the minimum 50-foot, front yard
setback requirement of land Development Code
(Loe> Subsection 5,05.05. Automobile ServIce Sta-
tions. for two gasoline pump dispenser islands and
a canopy in the General Commercial (C-4) and Main
Street Overlay Subdistrict (MSOSD) to allow are-
duced setback along West Main Street to 48 feet
and 31 feet for the di$penserislands and 3S feet for
the canopy; and along 7th Street South to 33 feet
for the westernmost dispenser island and 41 fee'\
for the canopy. The O.45-acre subject propt'rty is lo-
cated at 617 West Main Street, in Section 4. Town.
ship 41 South, Range 29 East. lmmokalee. Collier
County. Florida.
NOTE: All Persor"s wiShing to speak on any agenda
item must register with the County Admmistrator
prior to presentation of the agenda item to be ad-
dressed. Individual speakers will be limited to 5
minlltes on any item. The selection of an individual
to speak on behalf of an organization or group is
encouraged. If recognized 15y the Chair. a spokes-
person for a group or organization may be allotted
10 minutes: to speak on an Item.
Persons wishing to have written orgraphic materi-
als includedinthe Board agenda packets .must
submit said material a minimum of3 weeks prior to
the respective public h, earing. In any Ca5(;!, W,ritten
mater'lals inter,ded to be consider~ by the Board
shall be s,ubmitted to the approprii.\te County staff
a minimum of seven days pnor to the public hear-
ing, All material used in presentations before the
Board will become a permanent part of the.. record.
Any person who decides to appeal a decision of
the Board will need a record of the pro'Ceedings
pertaining thereto and therefore, may need to en-
sure that a verbatim record of the proceedings is
made, which record includes the testimony and
evidence upon which the appeal 'IS based.
If you are a person with disability who needs any
accommodation 1n order to participate In this pro-
ceeding. you are entitled. at no cost to you. to the
provision of certain assistance. please contact the
Coil ier, County Fad lities Management Department.
located at 3301 Tamlaml Tran East. Bulldlng W.
Naples. Florida 34112. (239)252.s380: Assisted lis-
tening devices fOl' the hearing Impa,ired art! avail.
able 'In the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COUJER COUNTY. FLORIDA
DONNA FIAl.A.CHAIRMAN
DWIGHT E. BROCK. CLERK
By: Teresa polaski. oeputy Clerk
(SEAL)
April 12
178
No.1790487
NAPLES DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Susan Rogge, who on oath says that she serves as
the Vice President of Finance of the Naples Daily,
a daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida; that
the attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on April Ith, 2009.
times in the issue
Affiant further says that the said Naples Daily News IS a newspapel
published at Naples, 111 said Collier County. Flonda, and that the said
newspaper has heretofore been continuously published III said Cui lieI'
County. Flonda. distributed in Collier and Lee counties of Florida.
each day and has been entered as ,econd class mail matter at the post
office in Naples, In said Collier County. Florida, for a period of I
year next preceding the t1r,t publication of the attached copy of
advert;, ment. and affiant further says that he has neither paid nor
promi any person, firm ur corporation any discount, rebate,
comn SSlun or refund for the purpose of securing thiS advertisement for
pub atlon in a;:.e~r.
~ff-
Swam to and subscribed before me
This 16th day, of April 2009
CJ~~ CU"'<-\~'~
(Signature of notary public) " NALD
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'~ Expires June 29. 2~\~3857019
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l78
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken nction on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnatiol1 needed, If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu h routin lines # I throu #4, com lete the checklist, and forward to Sue Filson (line #5 .
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was
A roved b the BCC
Type of Document
Attached
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2.
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Yes
(Initial)
N/A (Not
A licable)
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
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I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9,03.04, Revised 1,26.05, Revised 2.24.05
6. Minutes and Records
Clerk of Court's Office
Phone Number
Agenda Item Number
fjlWl _ t 0 b Number of Original
f..I I Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark .oN/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been sign 1 itiale for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be war of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorpor ed i th attached document. The
Coun Attorne 's Office has reviewed the chao es, if a licable.
2.
3.
4.
5.
6.
MEMORANDUM
Date:
May 1, 2009
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-106: V A-2008-AR-14017
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #17B), which was adopted by the Board of County
Commissioners on Tuesday, April 28, 2009.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
178
RESOLUTION 09- 1 06
178
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-14017, FOR FIVE VARIANCES FROM
LDC SUBSECTION 5.05.05.B. TO ALLOW REDUCED FRONT
YARD SETBACKS ALONG WEST MAIN STREET AND 7TH
STREET SOUTH FOR GASOLINE PUMP DISPENSER
ISLANDS AND GASOLINE PUMP CANOPIES ON
PROPERTY LOCATED AT 617 WEST MAIN STREET,
HEREINAFTER DESCRIBED IN IMMOKALEE, 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 (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 Collier County Board of Zoning Appeals has held a public hearing after
notice as in said regulations made and provided, and has considered the advisability of a variance
from LDC subsection 5.05.05.B, which requires a minimum front yard setback of 50 feet for
automobile service stations, to allow reduced front yard setbacks, in order to install gasoline
pump dispenser islands and gasoline pump canopies as shown on the attached Exhibit "A", in the
General Commercial (C-4) zoning district and Main Street Overlay Subdistrict (MSOSD) 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 Sect.ion 9.04.00 of the Zoning Regulations of said Land Development Code
for the unincorporated area of Collier County; and
1
178
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 Number V A-2008-AR-14017 filed by Bert Thomas on behalf of Merit
Petroleum Company with respect to the property located at 617 West Main Street, in Section 4,
Township 47 South, Range 29 East, Immokalee, Collier County, Florida, and further described
as:
Lots 4 and 5, Block 5, Carson's Subdivision, according to the plat thereof
recorded in Plat Book 2, Page 40, Public Records of Collier County, Florida,
LESS the Northerly 20 feet of the above parcel conveyed to the State of Florida
by deed recorded in Deed Book 9, Page 452, Public Records of Collier County,
Florida
be and the same hereby is approved for variances from LDC subsection 5.05.05.B to allow:
1. A 12-foot Variance from the 50-foot front yard setback along West Main Street
(SR 29) to permit a 38-foot setback for the dispenser island canopy;
2. A 9-foot Variance from the 50-foot front yard setback along 7th Street South to
permit a 41-foot setback for the dispenser island canopy;
3. A 19-foot Variance from the 50-foot front yard setback along West Main Street
to permit a 31-foot setback for the easternmost fuel pump dispenser island;
4. A 2-foot Variance from the 50-foot front yard setback along West Main Street to
permit a 48-foot setback for the westernmost fuel pump dispenser island; and
5. A 17-foot Variance from the 50-foot front yard setback along 7th Street south to
permit a 33-foot setback for the westernmost fuel pump dispenser island.
as shown on the attached Exhibit "A", incorporated herein and by reference made a part hereof,
in the zoning district wherein said property is located; and subject to the Conditions of Approval
attached hereto as Exhibit "B".
2
178
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this ;gt day of
Af(d
,2009.
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ATTEST:
DWIGHT aiiBltO~,crnRK
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Atte~(e:a:~~ ~~er:
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: ILL, d4~
DONNA FIALA, Chairman
Approved as to form and
legal sufficiency:
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08-CPS-00911/15 HFAC 3/10/09
Item # 1M
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NATIONAL COUNCIL OF AIlCHITUTUaAL REGISTRATION _OARDS CERTlnED
NO, DATE REVISION
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I'tIlOPOBED AENOVA. TIONS TO
IMMOKALEE SHELL
'17 waT WAIN STREFl" - HWV 21
.....oKA&..eE. JI'LOIIIIDA :M1U
BERTRAM AUBREY THOMAS, ARCHITECT
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178
CONDITIONS OF APPROVAL
V A-2008-AR-14017
March 12, 2009
1. The Variances approved are strictly limited to the front yard setbacks, as depicted
on the applicant's conceptual site plan, entitled "Proposed Renovations to
Immokalee Shell," prepared by Bertram Aubrey Thomas, Architect, and dated
December, 2008, as revised through March 10, 2009, and as further restricted
below.
2. The 12-foot setback Variance granted for the dispenser island canopy is limited to
the northern, West Main Street (SR 29) property boundary, as depicted in the
conceptual site plan included as Exhibit A, to allow a reduction of the 50-foot
front yard setback requirement;
3. The nine-foot setback Variance granted for the dispenser island canopy is limited
to the western, 7th Street South property boundary, as depicted in the conceptual
site plan included as Exhibit A, to allow a reduction of the 50-foot front yard
setback requirement;
4. The 19-foot setback Variance granted for the easternmost fuel pump dispenser
island on the site is limited to the northern, West Main Street (SR 29) property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 50-foot front yard setback requirement;
5. The two-foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the northern, West Main Street property boundary,
as depicted in the conceptual site plan included as Exhibit A, to allow a reduction
of the 50-foot front yard setback requirement; and
6. The 17-foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the western, 7th Street South property boundary, as
depicted in the conceptual site plan included as Exhibit A, to allow a reduction of
the 50-foot front yard setback requirement.
7. Irrespective of that depicted on the conceptual site plan, the site shall comply to
the extent feasible with the landscaping requirements of LDC 5.05.05, and all
other applicable regulations, as determined by County Zoning and Land
Development Review staff at the time of site development plan (SDP) review and
approval.
EXHIBIT B