Resolution 2021-259 RESOLUTION 21 - 259
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, FOR
A VARIANCE FROM SECTIONS 5.05.09.G.7.b AND
5.05.09.G.7.c OF THE LAND DEVELOPMENT CODE
TO REDUCE THE MINIMUM SEPARATION
DISTANCE OF A 147-FOOT TALL MONOPINE
COMMUNICATION TOWER FROM 73.5 FEET TO
41 FEET FOR THE EASTERN SUNGATE CENTER
CPUD PROPERTY, AND FROM 367.5 FEET TO 131
FEET FOR THE WESTERN RESIDENTIAL
PROPERTY, LOCATED AT 4111 GREEN
BOULEVARD, ALSO DESCRIBED AS THE EAST
180 FEET OF TRACT 125, GOLDEN GATE
ESTATES, UNIT NO. 26 SUBDIVISION, IN SECTION
15, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA. [PL20200000721]
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
(LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the
zoning of particular geographic divisions of the County, among which is the granting of
variances; and
WHEREAS, the Collier County Board of Zoning Appeals has held a public
hearing after notice as in said regulations made and provided, and has considered the
advisability of a variance from sections 5.05.09.G.7.b and 5.05.09.G.7.c of the Land
Development Code to reduce the minimum separation distance of a 147-foot tall
monopine communication tower from the required one-half-times height of the tower of
73.5 feet to 41 feet for the eastern Sungate Center CPUD property, and from the required
two-and-a-half-times height of the tower of 367.5 feet to 131 feet for the western
residential property, as shown on the attached Exhibit "A", in the Estates (E) Zoning
District for the property described on the attached Exhibit "B", and has found as a matter
of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of
the Zoning Regulations of said 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.
[20-CPS-01990/1670269/1] 11/5/2021
4111 Green Blvd Communication Tower Page 1 of 2
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition Number VA-PL20200000721, filed by Mattaniah S. Jahn, Esq. on behalf
of SBA Towers IX, LLC, with respect to the property described on the attached Exhibit
"B", be and the same hereby is approved for a variance from sections 5.05.09.G.7.b and
5.05.09.G.7.c of the Land Development Code to reduce the minimum separation distance
of a 147-foot tall monopine communication tower from the required one-half-times
height of the tower of 73.5 feet to 41 feet for the eastern Sungate Center CPUD property,
and from the required two-and-a-half-times height of the tower of 367.5 feet to 131 feet
for the western residential property, as shown on the attached Exhibit "A", in the zoning
district wherein said property is located.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes
of this Board.
This Resolution adopted after motion, second, and majority vote of the Board of
Zoning Appeals of Collier County, Florida, this 14th day of December, 2021.
ATTEST? ' e , BOARD OF ZONING APPEALS
CRYS ' 1LiI .KINZEL, CLERK COLLI TY, FLORIDA
h f' .r
By)- (Q C By:
,5t as $012 . plepu Clerk envy Tay , Chairman
•
sic nature RIV,"
Approved as to orm and legality:
Dere D. Perry
Assistant County Attorney
`\
Attachments: Exhibit"A"—Conceptual Site Plan
Exhibit "B"—Legal Description
[20-CPS-01990/1670269/1] 11/5/2021
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EXHIBIT "B"
Legal Description
The East 180 Feet of Tract 125, Golden Gate Estates, Unit
No. 26, According to the Plat Thereof Recorded in Plat
Book 7, Pages 15 and 16, of the Public Records of Collier
County Florida.
Property Appraiser Parcel No. 37931280001
[20-CPS-0 1 989/1 670 704/1I Page 1 of 1
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