Resolution 2007-297
RESOLUTION NO. 07- 297
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER VA-2007-AR-
11577, FOR A FOUR (4) FOOT VARIANCE FROM THE
REQUIRED FIFTEEN (IS) FOOT FRONT YARD
SETBACK TO ELEVEN (II) FEET AND A NINE (9)
FOOT VARIANCE FROM THE REQUIRED TWENTY
(20) FOOT LANDSCAPE BUFFER TO ELEVEN (11)
FEET FOR PROPERTY LOCATED WITHIN THE
GREEN TREE PUD (ORDINANCE 81-58) 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
(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 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 4 foot variance from the requited front yard
setback of IS feet to II feet and a 9 foot variance from the required 20 foot landscape buffer
to 11 feet for the subject property, within the Green Tree PUD (Ordinance 81-58) Zoning
District, as shown on the attached plot plan, Exhibit "A", for the property 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 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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
The Petition V A-2004-AR-11577 filed by Robert Mulhere ofRW A, Inc., representing
B. F. Fort Myers, Inc., with respect to the property hereinafter described as:
See Exhibt "B"
be and the same hereby is approved for a 4 foot variance from the required front yard setback
of IS feet to II feet and a 9 foot variance from the required 20 foot landscape buffer to II
I
feet, as shown on the attached plat plan, Exhibit "A" in the Green Tree PUD Zoning District,
wherein said property is located subject to the following conditions:
See Exhibit "C"
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA-
2007-AR-11577 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this
":<3rd.
day of (')~
,2007.
ATTEST:
DWIG~T E.BROSK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY::='U.1t.=wcOL.
I~ 011'1"
Approved~~ to Form and
Legal Sufficiency:
BY dcL~
j l'v, iiJ ,. ^~n) ...:tL'--ki . ,,,.F i:cJq'X
Maljori M. Student-Stirling-;
Assistant County Attorney
Attachments: Exhibit A: Plot Plan
Exhibit B: Legal Description
Exhibit C: Conditions of Approval
V A-2007-AR-11577/WB/sp
Page 2 of2
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6810 Willow Park Drive, Suite 200, Naples, FIoride 34109
(23;) !jg7..Q575 FAX: (239) 597-0578
1542 Callan Slm!. FOr1 My8f'S, FIor\dI; 3390t
(239) 278-5224 FAX: (239) 278-5419
CA1E:
AUG. 2007
SCALE:
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CLIENT:
PROJECT:
B.F. FT. MYERS INC
WENDYSPARCEL VARIANCE 134
VARIANCE EXHIBIT "A"
BEFORE TAKE
DRAWN BY: TITLE:
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26 48S 25E
PROJECT
NUMBER:
060121.00.01 ~~~~ER: 1 OF 2
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060121X01
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(239) 597-0575 FAX: (239) 597-0578
1542 Carson Slreel, Fort Myers. Florida 33901
(239) 278-5224 FA)(: (239) 278-5419
DATE:
AUG. 2007
CLIENT:
PROJECT:
TITLE:
B.F. FT. MYERS INC.
WENDY'SPARCEL VARIANCE 134
VARIANCE EXHIBIT 'B"
AFTER TAKE
SCALE:
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DRAWN BY:
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CHECI<ED8Y:
D.HN
,[c. ,.." "E. PROJECT 060121 0001 SHEET 2 2
26 4BS 25E NUMBER: .. NUMBER: OF
filE
NUMBER:
060121X02
Legal Description of Subject Property:
Section/Township/Range
Subdivision:
Metes & Bounds Description:
~~....A... Property 1.0.#:
Unit
46690000306
Lot:
Block:
Green Tree Center Trad lie"
Acreage 1,12
Address of Subject Property (If different from Petitione,'s address):
10941 AlrDorlRoad North
Varian~e Application rev. 12123/04
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Exhibit "B"
CONDITIONS OF APPROVAL
Green Tree pun Variance
V A-2007-AR-1l577
Conditions:
1. The variance is limited to the extent of development for landscaping and off street
parking as depicted on the Conceptual Site Plan, entitled "B.F. Ft. Myers Inc.,
Wendy's Parcel Variance 134, Variance Exhibit "C", last revised AUl!ust 2007,
which is a one-page plan prepared by RW A Consulting Inc.
2. Within 180 days of the date of approval of this variance the landscaping as
depicted on Exhibit "C", shall be installed and shall be inspected for compliance
with the plan by Collier County. Should a permit be required to install said
landscaping or to install or repair any irrigation, said permit shall be obtained
prior to installation or repair.
3. Within 180 days of approval of this variance, the applicant shall furnish Collier
County with a copy of an executed parking agreement providing for, at a
minimum, the use of 7 off-site parking spaces in a location convenient for
utilization by employees or customers of the existing or any future commercial
business located on the subject property, as was required as a condition of the
previously approved SDP in 1992.
4. This variance applies to the subject parcel in its present platted configuration. Any
replat, including further subdivision or reconfiguration of this parcel with adjacent
lands, shall render this variance null and void, requiring adherence to all
applicable development standards in effect at the time of redevelopment under the
replatted condition.
EXHIBIT C