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Resolution 2006-188 RESOLUTION 2006- 188 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELA TING TO PETITION NUMBER CUE-2006-AR-9424, GRANTING A ONE- YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR A MODEL HOME AND SALES CENTER LOCATED AT 4050 13TH A VENUE SOUTHWEST, LOCATED WITHIN ESTATE DISTRICT "E." 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 adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended), which establishes zoning regulations for the particular geographic divisions of the County, among which is the granting of a conditional use and the extending of the time period of an approved conditional use; and WHEREAS, on February 10, 2004, the Board of Zoning Appeals of Collier County, Florida, enacted Resolution No. 2004-50, attached hereto as Exhibit "A", granting American Dream Builders, Inc. (the "Petitioner"), a conditional use for a model home and sales center on property located within Estate District "E", more particularly described below; and WHEREAS, Subsection 10.08.E.3. of the LDC provides that "The board of zoning appeals may grant a maximum of one one-year extension of an approved conditional use upon written request of the petitioner;" and WHEREAS, the Petitioner has submitted a written request to extend the conditional use approved by Resolution No. 2004-50. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. The written request for one one-year extension of the conditional use for a model home and sales center at 4050 13th A venue Southwest, located within the Estates District "E" and more particularly described as: All of Tract 119, Golden Gate Estates, Unit 26, according to the plat thereof recorded in Plat Book 7, Page 15 of the Public Records of Collier County, Florida, IS approved pursuant to Subsection 1O.08.E.3. of the LDC, and the expiration date for Resolution No. 2004-50, and all conditions applicable thereto, is thereby extended until February 10, 2007, with the following additional conditions: a. Petitioner shall provided evidence of an ADA (Americans with Disabilities Act) accessible route from the existing or any future handicap parking space(s) to the model home and sales center and to the access road. b. Petitioner acknowledges the probability that additional right-of-way may be required on the subject property. Page 1 of 2 c. A Vegetation Removal Permit is required for any land clearing beyond the one acre permitted through the existing building permit. d. The property shall be kept free of prohibited exotic vegetation, as defined by the Collier County Land Development Code. 2. Resolution shall be recorded in the minutes of this Board and in the records of the Petition for which this extension is granted. This Resolution adopted after motion, second, and super-majority vote, this of J u i\J' 2006 , . ( A TTEST~ DWIGHT E. BROCK, CLERK BOARD OF ZONING APPPEALS OF COLLIER COUNTY FLORIDA ~. ~ A ~ t.! tAt, to Ch.,,....o,puty Clerk Sl ');':,'l,t..Tf' ~n; w By: ~~~__ ffiANK HALAS, C A AN A Page 2 of 2 ') ", , \,,) '111. day RESOLUTION NO. ~ 50 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION IS, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONT AlNlNG 5 ACRES. 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 ec..force 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 includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uscs; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 2.2.3.3 and 2.6.33.4 of the Col1ier County Land Development Code in an liE" Estates Zone for a model home and sales center on the property hereinafter described, and the Collier County Planning Commission has found as a matler of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board 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 COWlty, Florida, that: The petition, CU-2003-AR-4799, filed by Edward B. Hanf, of American Dream Builders, Inc, with respect to the property hereinafter described as: All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida, Page I of 2 EXHIBIT !lAIf Is hereby approved for Conditional Use 9 of Section 2.2.3.3 ColIier County Land Development Code in the "E" Estates Zoning District for a model home and sales center in accordance with the Conceptuul Master PIon (Exhibit "B") imd subject Lo the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Rcsolution adopted after motion, second and super-majority vote. Done this /CJ,.-,I- day of r~R,-,~ ;/ ,2004. BY; DO \~.",.\~'\:';'~IL'~I:. . ATTEST .../',.....,;~: . , DWIG0~~::.t3.~K,:.Cj;ERK t. ;( <:".:::~:';:'i:~) L,: i ~/I!.14!&l~~;Yj.~ !2'.~' ~ ...', I ~ . .. ~'..' ," DEPUTY 'C.t~RIS''::: CJ ,::;:.>:" Jfu~,. _'.~~:~ i'~ .*1" Approved as to Form and ~i~ Patrick G. White Assistant County Attorney CU-200l-AR-4799/MD/lo 1e... Page 2 of 2 .;;J.{/o/o 'f .2/ III 0"1 I' ~~