Resolution 2021-218 RESOLUTION NO. 2021 — 218
A RESOLUTION DENYING AN APPEAL BY THE GRIDER
REVOCABLE LIVING TRUST OF OFFICIAL INTERPRETATION
INTP-PL20210000943. [PL20210002241]
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, FCC Beach & Yacht LLC filed a request for an official interpretation of the
Land Development Code seeking to confirm that a food truck park is not a permitted use in the
Commercial Convenience District (C-2) and Commercial Intermediate District (C-3) zoning
districts or any commercial component of a Planned Unit Development; and
WHEREAS, on August 4, 2021, the Zoning Director issued Official Interpretation INTP-
PL20210000943 finding that a food truck park is a permitted use in the Commercial
Convenience District (C-2) and Commercial Intermediate District (C-3) zoning districts; and
WHEREAS, Robert K. Lincoln, Esq. of the Law Office of Robert K. Lincoln, P.A. and
Noel J. Davies, Esq. of Davies Duke, PLLC, representing the Grider Revocable Living Trust,
filed Petition ADA-PL20210002241, which appealed the administrative approval of INTP-
PL20210000943 to clarify that the official interpretation is not site specific; and
WHEREAS, on October 4, 2021, counsel for Grider Revocable Living Trust provided a
conditional withdrawal letter stating the following:
Regarding the above-referenced matter, based on representations from
the County that the subject of the Official Interpretation is not site-
specific and Mr. Yovanovich's agreement to same, my client hereby
withdraws its above-referenced Appeal of Official Interpretation.
WHEREAS, on October 12, 2021, the Board of County Commissioners, acting as the
Board of Zoning Appeals (the Board), held a properly noticed public hearing to consider Petition
ADA-PL20210002241; 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.
[21-CPS-02144/1674266/21
Appeal of Official Interpretation 1NTP-2021-PL-0943(ADA) 1 of 2
PL20210002241
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
1. Petition Number ADA-PL20210002241 filed by Robert K. Lincoln, Esq. of the Law
Office of Robert K. Lincoln, P.A., and Noel J. Davies, Esq. of Davies Duke, PLLC,
representing the Grider Revocable Living Trust, is hereby DENIED for the reasons
set forth in the record of the public hearing held before the Board of County
Commissioners, acting as the Board of Zoning Appeals, on October 12, 2021.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted by the Board after motion, second and majority vote this 12th
day of October, 2Q21.
ATTEST: ",''" C1 BOAR G OF ZONING APPEALS
CRYSTAL K. KINZEL� LERK COL J E#iUNTY, FL, -i,DA
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By: ,.`, , 14, irN L� By 114.419
f; 4 , r uty Cl Penny Taylor, Chairman
Attesta$t1.. �, i
si'natl1 .on ,
Approv: I a• t 1 f 1 and legality:
i1l.
Jeffrey At, la': ow
County for ,
[21-CPS-02144/1674266/2]
Appeal of Official Interpretation INTP-2021-PL-0943(ADA) 2 of 2
PL20210002241