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Resolution 1984-064 'I. ,4 ,' i�'.... March 27, 1984 Item6 RESOLUTION 84-64 RE PETITION V-84-1C, STEPHEN R. ELFERDINK SIDE YARD v! �• SETBACK VARIANCE OF THE C-3 DISTRICT FROM 50 FEET TO 5 FEE ' AT 865 91ST AVENUE NORTH IN NAPLES PARK - ADOPTED SUBJECT TO STIPULATIONS Legal notice having been published in the Naples Daily News on March 11, 1984, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-84-1C, filed by • Stephen R. Elferdink requesting a side yard setback variance of the C-3 District from 50 feet to 5 feet for property located at 865 91st Avenue North in Naples Park. Mi Zoning Director Layne explained that the C-3 zoning regulations require a 50 foot setback for structures on lots abutting residentially • zoned land. She said that the lot in question is only 50 feet wide, thereby making the lot unbuildable. She said that the petitioner • • proposes to construct a 34 foot by 40 foot building, which is average• for a commercial building, with 5 foot setbacks on each side. She said • that Staff is recommending approval of the petition with the stipulation that a 6 foot high opaque fence be constructed along the � y western property line and that a 5 foot wide landscape strip running the length of the g property be provided. : • ;... • Responding to Commissioner Paster, Ms. Layne said that there are single family homes to the west and that all the Naples Park lots are •• ': 50 foot lots. She stated when the unified zoning ordinance was done in January, 1982, Staff, the CAPC and the BCC felt that those areas abut- ting Naples Park should be lower commercial than the general retail commercial, which allows a more intense commercial use and that is why , C-3 was put on this area. I Commissioner Kruse moved, aecc..dad by Commissioner Holland and carried unanimously, that the public hearing be closed. Commissioner Kruse moved, seconded by Commissioner Holland and OM 061►#'� 13 Page Y ;' •:.1; f 4. `� -,,CoiNim K r• )00K O8IPAGE 14 March 27, 1984 ;_• carried unanimously, that Resolution 84-64 re Petition V-84-1C, be adopted subject to the above stipulations. • ,s • tal • r . _• ..h . .. • • • i s• "R. • • • tt ' • • • • Page 8 • " Av. 1 March 27, ;"i-"`'a y 4' RESOLUTION 84-64 • Relating to Petition Number V-84-1C for a variance of 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 },r' • power to establish, coordinate and enforce zoning and such business «:j#' regulations as are necessary for the protection of the public, and ,11 WHEREAS, the County pursuant thereto has adopted a Comprehensives'r. Zoning Ordinance establishing regulations for the zoning of particular ; •..--�:a+ geographic divisions of the County, among which is the granting of variances, an • d •'• ; WHEREAS, the Board of Zoning Appeals being the duly elected #e; !' ? constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has n considered the advisability of a variance from the required setback . •�x` abutting residential property in a C-3 zone for the property hereinafter described, and has found ns 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 11.1.b of the Zoning M1 s Regulations 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, a^ 4.z'T` NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS • ec celiteT Eeunty, that thI ?It1t1c'11 1'-04-1c. talcaACMcl h/ Steven R. Elferdink with respect to the property hereinafter described es: • • Lot 14, block 52. Unit 4, Naples Park • • 1 March 27 191(I ',h T 10OK OS 1 rA,t 16 4 . ,,, ' be and the same hereby is approved for a variance of the zoning district .- . .3. �` wherein said property is located, subject to the following conditions: b•r113 $ MAY i. + A 6 foot high opague fence is constructed � `' along the western property line and a 5' 1 wide landscape strip running the length ',i(1;''•. Mt • of the property is provided. ',. t r,r. BE IT RESOLVED that this resolution relating to Petition Number r•' V-84-1C be recorded in the minutes of this Board. ' Commissioner Kruse offered the foregoing resolution and ,0 r'S moved its adoption, seconded by Commissioner Holland ^ and upon �r� roll call the vote was: , AYES: Camiissioners Kruse, Holland, Pistor, Voss and Brown "``': NAYS: None . . ABSENT AND NOT VOTING: None 'r ,. f • ' ABSTENTION: None "�, Done-this,.._..27th.. day-of March , 1984. �. y `r: _ y,. h`.. ATTEST: „; 7 BOARD OF ZONING APPEALS ,�,'" p. • , - WILLIAM.,I:• REAGAN, CLERIC COLLIER COUNTY, FlORIDA w . /� / ` 'j • •,I. Z-1 i fir: • i X.A r . DAVID C. BhOKN, CHAIrN " +� i;' 11 11' t: 714' , ' ai' APPROVED 0 TORH AND LEGAL SUtV1CIENC7 COUNTY ATTORNEY V-84-1G Variance Resolution ! -' C " 4 ' i