Resolution 1992-396 JULY 21, 1992
. RESOLUTION NO. 92- 396
RELATING TO PETITION NUMBER NUC-92-2, FOR A
NON-CONFORMING USE CHANGE 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 requests for non-conforming use changes, 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 an art studio and gallery in a
CON/ACSC-ET Zone for the property hereinafter described, and has found
as a matter of fact that satisfactory provision and arrangement has
•
been made concerning all applicable matters required by said
regulations and in accordance with Section 1.8.6 of the 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 NUC-92-2 filed by Clyde
•
Butcher, as contract purchaser from Louis N. Whilden, property owner,
with respect to the property hereinafter described as:
Southeast of the Northeast' s of the Southeast �
commencing at the intersection East line Section 16
with South line U.S. Hwy.
South line U.s. Hwy. 41, 200' toePOB;nce Ncontinue
orthwest along
Northwest along South line U.S. Hwy. 41, 300', thence
South 526.441 , thence East 298.14, , thence North
492.68' to POB, in Section 16, Township 53 South,
• Range 33 East, Collier County, Florida, containing
13.50 acres.
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JULY 21, 1992 r., . be and the same herebyis
approved for art gallery and studio in the
• .-ht. CON/ACSC-ST Zoning District wherein said
1 property is located subject to
the following conditions:
•
EXHIBIT "A"
BE IT RESOLVED that this Resolution relating to Petition Number
•
NUC-92-2 be recorded in the minutes of this Board.
Commissioner Shanahan offered the foregoing
1 Resolution and moved for its adoption, seconded by Commissioner
Hasse and upon roll call the vote was:M1
c .r AYES: Coamisaioner Shanahan, Cc*nn ssioner Hasse, Commissioner Saunders,
Goodnight and Cczmiissioner Volpe Commissioner
NAYS:
`., r ' ABSENT AND NOT VOTING:
: tt
a .` ABSTENTION:
:, ,.
D1 .
Done this ` `2 - day of July
t. , 1992.
ATTE •s 90 A Ap f BO
ARD OF ZONING APPEALS
•J.E$ G:.GILE$';. C�ERK COLLI7 COUNTY, FLORIDA
r �C '� ra- Yc .�
1N 7 ` M CHAEL . VOLPE, C`iAIRMAN
APPROVRD ' 3 O\Fg RM AND LEGAL SUFFICIENCY:
IS• P. CR NIN
ASSISTANT COUNTY ATTORNEY
.� NUC-92-2 RESOLUTION
: .,._• .nb/791 •
L9a1 /aRo- /3
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JULY 21, 1992
R
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AGREEMENT
I, Clyde Butcher, as contract purchaser from Louis N.
Whilden, for Petition NUC-92-2, agree to the following
stipulations requested by the Collier County Board of Zoning
Appeals in their public hearing on July 21, 1992.
PLANNING:
a. The replacement structure shall not exceed the size
(square footage) of the existing retail nursery/storage
structure which equals ±1400 square feet.
b. At the time of building permit application for the above
referenced improvement, the applicant shall provide a
letter from the National Park Service, Big Cypress
National Preserve, indicating that they do not object to
the placement of the new modular structure.
c. Thci hours of operation for the commercial operation (open v.
to the public) shall be limited to 9 A.M. to 6 P.M. , seven
days a week.
d. The subject site shall be utilized as an art gallery,
, studio, and residence only,
or as g the
cox/ACSC-ST zoning District. permitted in the
PET.j..T7DNER OR AGENT
STATE OF FLORIDA
COUNTY OF COLLIER .
The foregoing Agreement Sheet was acknowledged before me this _9_
day of
" , 1992 by r�Yp T ,���1-t,�rt , who is
personally knoltn to me or--who-has-p uced--
a n and who d-id-(did not) take an oath.
Sl ature l
1;a ( qn of Notary Pubic)
1'1'lc�r,-{--i h •
` (Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission f C,Q Off-1 (D3
My Commission Expires: (NOTARY SEAL)
+ r; t EXHIBIT "A"
ti.A r; 1;Gi9 i:Eiz .,J
A`r
/ JULY 21, 1992
1' ' !
#. .' DATE: 74//12_--
t,:;
cam' ATTEST: BOARD OF ZONING APPEALS
� JAMF�$1%64 MILES, Clerk COLLIER COUNTY, FLORIDA
�'
...L
cie BY: iv
M CHAEL J. VPE, Chairman
.•... ..'' 3
r lApp,i��Aad9iarto form and
: : legal sufficiency:
iifrt •. ri 4' Mar r3o o e H. Stude t
Assistant County Attorney
ItZi
' t ' NUC-92-2 AGREEMENT SHEET
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