Backup Documents 04/14/2009 Item # 7A
7A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADYERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal Legal Advertisement Other:
(Display Adv., location, etc.)
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Originating Dcpt/ Div: CDES./Zoninf! Person: Susan M. Istenes. Alep Date: March 19, 2009
Petition No. (If none, give brief description): ZL TRA-2009-AR- 14174, Mir-Mar pun
Petitioner: (Name & Address): Mr. Dwight Nadeau, RWA Inc., 66ID Williow Park Drive, Suite 200, Naples. FL 34109
Name & Address of any person(s) to he notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: Aoril 14. 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: ZLTRA-2009.AR-14t74, Mario Castenada,
represented by Dwight Nadeau of RWA, Inc., is requesting to appeal ZLTRa2008-AR-13025. The applicant proposed to open a
retail clothing store but it was found the use was not specifically identified in the Mir.Mar PUD. The appellant is appealing the staff
decision regarding the pennissible uses in the Mir.Mar PUD. The subject property is located in Section 27, Township 48 South,
Range 27 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Docs Petition Fec include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Revi wed by; '-'tYl. k~ fil<Jlo7
ision Administrator or Designee
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings 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 involved, 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:~ Date of Public hearing: ~ Date Advertised:~ I z.q 1l?9
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Page 1 of2
,. 7A
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Thursday, March 19, 2009 4:09 PM
To: 'lstenesSusan'
Cc: 'RamirezHeather'
Subject: RE: Legal Ad for April 14th Bee advertising
y'reat.
%en wc'f{just go aliead and alfvertise tlie proposed tOJ.
%ankyou for your lieCp,
)Inn
From: Istenes5usan (mailto:5usanlstenes@calliergov.net]
Sent: Thursday, March 19, 2009 3:42 PM
To: RamirezHeather
Cc: Ann P. Jennejahn
Subject: RE: Legal Ad far April 14th BCe advertising
Yes to the BZA. No ordinance or resolution per the Ally's office. Thanks
Susan M. lstenes, Ale?, Director
Department of Zoning and Land Development Review
From: RamirezHeather
Sent: Thursday, March 19, 2009 3:35 PM
To: Istenes5usan
Cc: Ann P. Jennejahn
Subject: FW: Legal Ad for April 14th BCe advertising
Susan,
This is the BZA right'? Also, is there a Resolution/Ordinance to gO with the legal ad'?
~ ~ ~
. .
Heather L. Ramirez
Pbl1nin~ 'lcchnicim1
(23i))251~2930
From: Ann p, Jennejahn (mailta:AnnJennejahn@callierclerk.cam] On Behalf Of Minutes and Records
Sent: Thursday, March 19,20093:31 PM
To: RamirezHeather
Subject: RE: Legal Ad for April 14th BCC advertising
Hi J{eatlier,
CouU you possi6Cy asftSusan if tliis request wouU 6e lieard 6y tlie (jJoard of Zoning )lppeaCs?
3/19/2009
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Page 2 of2
1 7A
}lny otlier infonnation 'WoulY 6e most lieCpfu[
'Ifuml0ou for your lieCp,
}Inn
From: RamirezHeather [mailto:HeatherRamirez@colliergov.netj
Sent: Thursday, March 19, 2009 2:56 PM
To: Minutes and Records
Subject: Legal Ad for April 14th Bee advertising
Here is that legal ad [promised you for tomorrow. [do not have a resolution to go with it. [fyou have
any questions please Jet me know.
Heather Ramirez
Planning Technician
252-2930
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 moil to this entity. Instead, contact this office by telephone or in writing.
3/19/2009
_'_.'m - ---_._.._~._----,--------,_.,---_. .-...-,".--..-...... u__.._...
'7A
NDN Account #068779
March 23,2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: ZLTRA-2009-AR-14174: Castenada Mir-Mar PUD Appeal
Dear Legals:
Please advertise the above referenced notice on Sunday, March 29, 2009 and
kindly send the Affidavits of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
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I 7A
NOTICE OF PUBLIC HEARING
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 14, 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.
Petition: ZLTRA-2009-AR-14174, Mario Castenada, represented by Dwight
Nadeau of RWA, Ine. / is requesting to appeal ZLTR-2008-AR-13025. The
applicant proposed to open a retail clothing store but it was found the
use was not specifically identified in the Mir-Mar PUD. The appellant is
appealing the staff decision regarding the permissible uses in the Mir-Mar
PUD. The subject property is located in Section 27, Township 48 South,
Range 27 East, 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 3 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.
If you are a person with a 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: Ann Jennejohn, Deputy Clerk
.. ---~."-"'_'-'.'---'-'-'--_._-""--- . ..__._~.'~.~-, .~_.._-_..-
~ -""",- ~!I7A
. COlipi}T',ofCollier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts
330 I TAMIAMI ~IL L\ST
Clerk of Courts P.O. BOX 413044 Accountant
NAPLES, FLORIDA 34101-3044 Auditor
'. Custodian of County Funds
,'-
March 23, 2009
Dwight Nadeau
RWA, Inc.
6610 Willow Park Dr. Suite #200
Naples, FL 34109
Re: Petition: ZL TRA-2009-AR-14174
Castenada Appeal (Staff Decision Mir-Mar PUD)
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 14, 2009 as indicated on the enclosed notice. The legal notice pertaining to
this petition will be published in the Naples Daily News on Sunday, March 29,
2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~ 0<.
Ann Jennejohn,
Deputy Clerk
Enclosure
Phone (239) 252-2646 Fax (239) 252-2755
Website: www.collierclerk.com Ernail: collierclerk@collierclerk.com
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~i7A
Ann P. Jennejohn
To: 'Iegals@naplesnews.com'
Subject: ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal
Attachments: ZL TRA-2009-AR-14174.doc; ZL TRA-2009-AR-1417 4.doc
Good Morning,
Please advertise the attached on Sunday, March 29, 2009.
~ ~
ZL TRA-2009-AR-14 ZL TRA-2009-AR-14
Thank you, 174.doc (28 KB... 174.doc (28 KB...
Ann J ennejohn
Clerk to the Bec
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej 0 hn@colllerclerk.com
1
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~"7 A
Ann P. Jennejohn
From: postmaster@collierclerk.com
Sent: Monday, March 23, 2009 10:55 AM
To: Ann P. Jennejohn
Subject: Delivery Status Notification (Relay)
Attachments: ATT26580.txt; ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal
[] D
ATT26580.txt (231 ZLTRA-2009-AR-14
B) 174 Mir-Mar PUn. 'Inis is an automatica{1j generated (Ddi-very Status :Notification.
'Your message lias 6een successfu{1j rdayed to tliefo{{owing recipients, 6ut tlie requested defivery status notifications may not 6e
generated 6y tlie destination.
{egat:s@napf'esnews.com
1
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ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal Page 1 of 1
t 7A
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Monday, March 23, 2009 12:50 PM
To: Ann P. Jennejohn
Subject: RE: ZL TRA-2009-AR-14174 Mir-Mar PUD Appeal
ok
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Posted At: Monday, March 23, 2009 10:55 AM
Posted To: Legals - NDN
Conversation: ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal
Subject: ZLTRA-2009-AR-14174 Mir-Mar PUD Appeal
Good Morning,
Please advertise the attached on Sunday, March 29, 2009.
Thank you, <<ZL TRA-2009-AR-14174.doc>> <<ZL TRA-2009-AR-1417 4.doc>>
Ann J enneJohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej 0 hn@callierclerk.com
Under Florida Law, e-mail addresses are public records. If you do no! 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.
3/23/2009
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NOTICE OF PUBLIC HEARING ~
7A
Notice is hereby given that the Board of County
Commissioners. as the Board of Zon"inQ Appeals, of
Collier County will hold a public heanng on Tues-
day, April 14, 2009, in the Boardroom, 3rd Floor, Ad-
ministration Building, Collier County Government
Center, 3301 East Tamlami Trail, Naples, Florida.
The meeting will begin at 9:00 A.M.
Petition: ZL TRA-2009.AR-14174. Mario Castenada.
represented by OW~ht Nadeau of RWA.lnc., is re-
questing to appeal L TR.200B-AR-13025. The appli-
cant rcroposed to open a retail clothing store but it
was Olllld the use was 1101 sfleCificaJIY identified in
tile M',r-MarPUD. The appe lant is aepealln~ tile
staff decis.,on regarding the perrnisslb e uses In the
MII'-Mar PUD_ TI1e subject property is located in
Sectior1 27, Township 48 South. Range 27 East. Col-
lieI' County, Florida.
NOTE: All Persons WlshinR to speak on any agenda
item must register with t ,e County Adrnmistrator
prior to presentation of the agenda Item to be ad-
dressed. Individual speakers will be limited to 3
minutes on any Item. The selectlon of an Individual
to speak on behalf of an organization Or group is
encouraged. If recognized by tl1e Chair, a spokes-
person for a group or organizatiOl1 may be allotted
10 minutes to speal< on an item.
Persons wishing to have written or graphic materi-
als included in the Board agenda packets must
submit said material a minimum of 3 weeks prior to
the respective publiC I,earing. In and' case. writter'
materials intended to beconsidere be the Board
sha.ll be s(lbmitted to the appropriate ounty staff
a minimum of seven days prior to tile pUbllc hear-
ing. All matetial 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 wUl need a record of the proceedings per-
taining 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 U1e appeal is based.
If you are a person with a disabHity who needs any
accommodation In order to participate in this pro-
ceeding. 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 Tarnlaml Trail East, BUllding W,
Naples, Florida 34112. (239)252-8380: aSsisted listen-
ing devices for tile 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: Ann Jennejohn, Deputy Clerk
March 29 No.17B8105
, 7A
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
- - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - .- - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - .- -
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779 4500096189
59568392 NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed. I
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year I ~~
next preceding the first publlcation of the ~,~
attached copy of advertisement; and affiant .~i
further says that he has neither paid, nor ~. : '..'_"" """"."', ',' ',-':
prom'ced eoy pereoo, e'rm Or corporec'oo any ~
discount, rebate, commission or refund for the ' ,", ~., ".;::
purpose of s",curing this advertisement for " ..Y,' ". ,,"" ", "",;1
publlcatlon In the sald newspaper. ' ""', - , ',,
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PUBLISHED ON: 03/29 03/29 ~'.,...' '. ,. ..I,~_~+: 'H
hri,......"Cleit -
1ilIft17M1M
AD SPACE: 132 LINE
FILED ON: 03/30/09
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Signature of Affiant _
Sworn to and Subscribed before me this ~d day of ~, 0 200']
Personally known by me C\(\O-", 0 Q f'y, ~c-~
/~;~;~::'::'~~2~-. CHANEl A. MCDONAlL
!'."i/1 ',-1 CommiSSion DO 650475
~~~i~s~Y Expires June 29, 2011
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~. 7A
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 he hand delivered to the Board Office. The completed routing slip and original
documents are to be fOlwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excP.'ntion of the Chairman's silmature, draw a line throu~h routing lines #1 throuJ!;h #4, complete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routinQ: order)
1.
2.
3.
4.
5. Sue Filson, Executive Manager Board of County Connnissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
sunnnary. Primary contact information is needed in the event one of tIle addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the
item.
Name of Primary Staff Heidi Ashton-Cicko, Ass!. County Attorney Phone Number 252-8400
Contact
Agenda Date Item was April 14, 2009 Agenda Item Number 7A
A roved b the BCC
Type of Document Resolution Number of Original I
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is N/A(Not
a r riate. A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, U
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
Chainnan and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC ChairnJao and the Clerk to the Board
3. The Chainnan'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.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si nature and initials are re uired.
5. 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 aware of our deadlines!
6. The document was approved by the BCC on 4-14-09 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
PLEASE RETURN COPY TO HEIDI ASHTON-CICKO, ASSISTANT COUNTY ATTORNEY
. Sue, call me if you have any questions ... thanks. Heidi"
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7A
MEMORANDUM
Date: April 16, 2009
To: Heidi Ashton-Cicko
Assistant County Attorney
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-99: Mir Mar PUD
Appealing ZL TR-2008-AR-13025
Enclosed please find a copy of the document referenced above
(Agenda Item #7A) adopted by the Board of County Commissioners
on Tuesday, April 14, 2009.
The Minutes & Records Department has retained the original
document for the Board's official records.
If you should have any questions, please contact me at 252-8406.
Thank you.
Enclosure
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7A
RESOLUTION 09- 99
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO
ADMINISTRATIVE APPEAL ZLTRA-2009-AR-14174, WHICH
APPEALED ZONING VERIFICATION LETTER ZLTR-2008-
AR-I3025 REGARDING USES PERMITTED IN THE MIR-
MAR PUD, LOCATED IN THE RANDALL BOULEVARD
COMMERCIAL SUBDISTRICT OF THE GOLDEN GATE
AREA MASTER PLAN, IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish,
coordinate and enforce zoning and such business regulations as are necessary for the protection
of the public; and
WHEREAS, Zoning Verification Letter ZLTR-2008-AR-13025 was issued by the Collier
County Department of Zoning and Land Development Review on April 18, 2008, and the same
was re-issued on December 30, 2008, which denied permission for the establishment of a retail
clothing store within the Mir-Mar PUD; and
WHEREAS, Dwight Nadeau of R W A Inc., on behalf of Mr. Mario Castenada, filed
Appeal No. ZLTRA-2009-AR-14174 appealing Zoning Verification Letter ZLTR-2008-AR-
13025; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals ("BZA") in a 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 ZLTRA-2009-AR-14174, appealing the County staff s Zoning
Verification Letter ZL TR-2008-AR-13025, filed by Dwight Nadeau of RW A Inc., on behalf of
Mr. Mario Castenada, for the property known as the Mir-Mar PUD, is hereby GRANTED on the
following grounds:
Page 1 of2
Page 2 of2 ~I
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1. The BZA finds that the opinion in the Zoning Verification Letter ZLTR-2008-AR-13025
is inconsistent with the County's Growth Management Plan, the Land Development Code
and the Mir-Mar PUD Ordinance No. 98-72.
2. The BZA finds that the term "Shopping Center" as found in the Randall Boulevard
Commercial Subdistrict of the Golden Gate Area Master Plan of the County's Growth
Management Plan and the Mir-Mar PUD Ordinance includes all C-2 uses currently
defined in the County's Land Development Code.
3. The BZA finds that the term "Shopping Center" is a catch-all term for all C-2 land uses
not currently detailed in the Randall Boulevard Commercial Subdistrict of the Golden
Gate Area Master Plan of the Growth Management Plan and the Mir-Mar PUD
Ordinance No. 98-72.
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 14th day of April,
2009.
ATTEST:, ,. " BOARD OF ZONING APPEALS
Dwight E. Br~~,'.CLE.~~( COLLIER ~UNTY' FLORJDA
.,,"
. ~ -, .-
By: 1luiu.. (<~ Df:.- . BY:.{~' ~~
DONNA FIALA, CHAIRMAN
Atttst It,,_ " " "iClerk
.f..nwr....'< "
Approved as to form and
legal ~ufficiency:
" i, I ,,' ! I /
~I ~~~TON~CI~K~ .
Assistant County Attorney
Land Use Section Chief
draft -- J,lrcvised ~
Item #
Agenda ~
Date
Page 2 of2
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