Resolution 2000-109
170
RESOLUTION NO. 2000- 109
RELATING TO PETITION NUMBER V-2000-06,
FOR A VARIANCE 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) 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 a 2.5-foot variance from the required side yard setback of 15
feet to 12.5 feet for each of two contiguous lots as shown on the attached plot plan, Exhibit "A", in a
C-5 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 2.7.5 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-2000-06 filed by Mr. Oscar Montalvo, III, representing Montalvo, Inc.,
and RH Enterprises of Collier County, Inc., with respect to the property hereinafter
descri bed as:
That certain tract or parcel ofland located in Naples, Collier County, Florida, containing
approximately 25,000 square feet in area, which is more particularly described or
depicted by crosshatching on the site plan (the "Site Plan") shown in Exhibit "A"
attached hereto, which Property is an "out-parcel" and part of the shopping center;
together with the non-exclusive right for Lessee and Lessee's customers, employees and
invitees to use the driveways and curb cuts located in the shopping center (as the same
may exist from time to time) in common with Lessor and other tenants and occupants of
space in the shopping center and their customers, employees and invitees.
A parcel of land lying within the East Y2 of the Southwest Yo of the Southeast Yo of
Section II, Township 49 South, Range 25 East, Collier County, Florida. Said parcel
being more particularly described by metes and bounds as follows:
Commencing at the Southeast comer of the Southwest Yo of the Southeast Yo of said
Section 11;
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170
Thence North 00'22'02" West, 50.00 to a point intersecting the northerly right-of-way
line of Pine Ridge Road (S.R. 896);
Thence along the northerly right-of-way line of Pine Ridge Road, South 88'52'36" West,
68.00 feet to a point;
Thence North 01'07'24" West, 1.00 feet to the Point of Beginning of said parcel herein'
described;
Thence North 01'07'24" West, 24.40 feet to a point;
Thence South 88'52'36" West, 115.47 feet to a point;
Thence North 01 '07'24" West, 68.27 feet to a point;
Thence North 46'07'24" West, 9.19 feet to a point;
Thence North 01'07'24" West 52.86 feet to a point;
Thence South 88'52'36" West, 76.03 feet to a point;
Thence South 01'07'24" East, 152.04 feet to a point;
Thence North 88'52'36" East, 198.00 feet to the Point of Beginning.
Containing 0.34 acres of land more or less. IngresslEgress easement not included in
legal description.
be and the same hereby is approved for a 2.5-foot variance from the required side yard setback of 15
feet to 12.5 feet for each of two contiguous lots as shown on the attached plot plan, Exhibit "A", of
the C-5 Zoning District wherein said property is located, subject to the following conditions:
1) Side setback variance has exclusive application to the existing two buildings.
BE IT RESOLVED that this Resolution relating to Petition Number V-2000-06 be recorded
in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this \ \. ~ day of
~
,2000.
~ TTE~T:
DWIQHTE. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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TIMO E, CHAIRMAN
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MARNI M. SCUDERI
ASSISTANT COUNTY ATTORNEY
g/adminN .2000-06 RESOLlITIONIRN/im
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EXHIBIT "A"
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