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Resolution 1995-690 RESOLUTION NO. 95- 690 RELATING TO PETITION NUMBER V-95-21, FOR A VARIANCE 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 variances; 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 a 25-foot variance to the perimeter setback requirement of 50 feet to 25 feet for property located in TTRVC zones and as hereinafter described, 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 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been _givenopportunity 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 V-95-21 filed by Dr. Neno J. Spagna, representing James P. Nebus, Trustee and Ivy Jean Nebus, Trustee, with respect to the property hereinafter described as: The East 238 feet of Lots 21 and 22, lying north of Rock Creek of that certain subdivision in Section 2, Township 50 South, Range 25 East, known as NAPLES GROVE AND TRUCK COMPANY LITTLE FARMS, #2, per map or plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida. A 25 foot right-of-way known as Earl Street as described in Resolution 95-458. n e be and the same hereby is approved for a 25-foot variance to the perimeter and North Road setback of 50 feet to 25 feet, of the TTRVC zoning district wherein said property is located, subject to the following conditions: • 1. An earthen berm shall be established along the north boundary (i.e. North Road) of the expanded R.V. Park area. The berm shall be contoured to achieve a height of four (4) feet. On top of the berm a vegetation screen with at least eighty percent (80%) opacity at the time of planting for an additional height of four (4) feet shall be established. This requirement shall be included in the landscaped plans to be submitted for site development plan approval and shall be subject to approval • of the Planning Services Director. 2. Within the twenty-five (25) foot West boundary setback, existing vegetation shall be supplemented if necessary to achieve an opacity rating of eighty (80%) percent at the time building permits are issued for R.V. sites adjacent to said West boundary. BE IT RESOLVED that this Resolution relating to Petition Number V-95-21 be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Tesolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call the vote was: • • AYES: Commissioner Constantine, Commissioner Hancock, Commissioner Norris,, Commissioner Mac'Kie, and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 12th day of December , 1995. ATTEST: • DWIGHT E. BROCC, CLERK BOARD OF ONING APPEAL COLLIER C UNTY, IDA • ,BETTYE J. TTHEWS, CHAIRMAN PROVED AS TO FORM AND LEGAL SUFFICIENCY: • Oil y tc4-‘66-6 MARJO IE M. STUDENT ASSISTANT COUNTY ATTORNEY VARIANCE RESOLUTION/15584