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Resolution 2019-205 RESOLUTION NO. 19— 2 0 5 A RESOLUTION DENYING PETITION ADA-PL20190001155, WHICH APPEALED THE OFFICIAL INTERPRETATION INTP- PL20190000062 CONCERNING OLD GROVES ROAD, LOCATED IN THAT PART OF THE VINEYARDS PUD WHICH IS SOUTH OF VANDERBILT BEACH ROAD AND EAST OF AIRPORT ROAD AND WEST OF LIVINGSTON ROAD, IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, 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 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Mark Adamczyk, Esq., representing The Orchards Community Association, Inc., filed Petition ADA-PL20190001155 on May 13, 2019, which appealed the official interpretation PL20190000062 rendered by the Zoning Director which determined that the Vineyards Planned Unit Development Ordinance No. 85-15 as amended, and the Collier County Land Development Code, do not require vehicular access be provided to the residents of the Orchards subdivision through Old Groves Road; and WHEREAS, on October 22, 2019, the Board of County Commissioners, acting as the Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition ADA-PL20190001155; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled, and the Board has fully considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number ADA-PL20190001155, filed by Mark Adamczyk, Esq., on behalf of The Orchards Community Association, Inc., is hereby DENIED in accordance with the record of the proceedings of the public hearing held before the Board of County Commissioners, acting as the Board of Zoning Appeals, on October 22, 2019, and the official interpretation PL20190000062 is hereby affirmed. [19-CPS-01860/1505081/11106 10/22/19 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted by the Board upon majority vote this 22nd day of October, 2019. ATTES " 01,°0 BOARD OF ZONING APPEALS CRYWAT.,•,LK. KTl`Z 4,, CLERK COLLIER CO. ►� ORIDA .�, . , / tktse :61 thaiallaltity Clerk W';mm L. McDaniel, Jr., Chairman Approved as to form and legality: cif H 0 H 'di F. Ashton-Cicko Managing Assistant County Attorney [19-CPS-01860/1505081/11106 10/22/19