Loading...
Resolution 1997-049 JAM t ~ 1997 RESOLUTION 97-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BOAT BOUSE CONDITIONAL USE "1" IN THE RSF-3 ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPKBNT CODE FOR PROPERTY LOCATED IN SECTION 20, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COOlfTY, FLORIDA. ""'"'.''''.. t.b& ~1&l.At"..1U:.", 'lJ:. "w'!", 'It"..M'w", -vt 'f'.tut~ im-. ~ 67-1246, Law. ot Florida, and Chapter 125, Florida statute., has conterred on Collier County the power to establish, coordinate and entorce zoninq and such business regulations as are neces.ary tor the protection ot the public; and WHEREAs, the County pursuant thereto has adopted a Land Developaent Code (Ordinance No. 91-102) which include. a Coaprehenaive Zoninq Ordinance e~tabli.hinq regulation. tor the zoninq ot partiCUlar qeoqraphic divisiorls ot the County, amonq which i. the qrantinq of Conditional U.es; and WHEREAS, the Collier County Planning Commission, beinq the duly appointed and constituted planning board tor tho area hereby attected, haa held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional U.e "I" ot Section 2.2.4.3. in an RSF-3 zone tor a boat house on the property hereinatter described, and has found as a matter of tact (Exhibit "A") that .atisfactory provision and arrangement have been made concerninq all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code tor the Collier County Planning Commission; and WHEREAs, all interested parties haVe been qiven opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matt ere pre.ented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS ot Collier County, Florida that: The petition filed by Donald P. Ricci, Jr., of Marco Marine ConGtruction representing Gene Loqqhe with respect to the property hereinaft.r d.scribed as: Lot 20, Block 414, Marco Beach Unit 4, as record.d in Plat Book G, Page. 92-99, of the Public Record. of Collier County, Florida. be and the .... is hereby approved for Conditional Use "1" ot Section 2.2.4.3. ot the RSF-3 zoninq district for a boat house in accordance with the Conceptual Master Plan (Exhibit "B") and SUbject to the following conditions: The Planning , Technical Services Manag.r may approve ainor changes in the location, siting, or height of buildings, structures, and iaprov.ments authoriz.d by the conditional use. Expansion ot the uses identified and approved within this conditiodal us. application, or major chang.s to the site plan subaitted as part of this application, shall require the sUbaittal of a now conditional use application, and shall comply with all applicable County ordinances in ettect at the ti.. of subaittal, including Division 3.3, Site Development Plan R.vi.w and approval, of the Collier County Land Development Code (Ordinance No. 91-102). , BE IT FURTHER 'RESOLVED that this Resolution be recorded in the minutes of this Board. COIIIIissioner ConRr..ntina offered the foregoing ReSOlution and moved for its adoption, seconded by Commissioner B.rry and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Berry, Commissioner Mac'Ki., Commissioner Hancock NAYS: Commissioner Norris ABSENT AND NOT VOTING: ABSTENTION: Done this day of 14 .1",nI1J111ory , 1997. ?"""l; '.... .:1 . "II............", ...,\ .... Lt (,,~ . 0;. "" ," ,(':' "";'" "', "" !':I "~"'. "" ...,', A~,~EST: ,', ", '" " :owrCHT. il:'::,;BROCKS'~ 'i:LERK ....... . "'.. :~;r~ CHAIRMAN VED' AS FORM AND ,;,SUPPJ:,CIENCY: ~;'l..m'. {Ja'~/.d.. E M. STUtlENT ASSISTANT CoUNTY ATTORNEY CU-96-19 RESOLUTION{18467 "---.->....~.,~"_.--.---_..,,--_..~~..,,,~.....~_..~,-,"~,.."--,,.- JAN 1 't WI FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-19 ...J . The following tacts are found: 1. Section 2.2.4.3.1 of the Land Devlopment Code authorized the conditional use. 2. Granting ~he conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. consistency with the Land Development Code and Growth Management Pla~: Yes a/' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes --No C. Affects neighboring properties in relation to noisey glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: compatible use within district Yes --- No 4 Based on the above findings, this conditional use should, with stipulations, (copy attached) (t-l....wld .....L) be recommended for approval ~. DATE: /ij6J9h CHAIRHAN:~/~/J~ FINDING OF FACT CHAIRMAN/18470 EXHIBIT -A- .' . l + I I j , I I ;1\} 's> i - I <5_ t..I (1\1- ~- .... . ) - .;,. ., I- I I I I I I I .,. I ". I' I '0 I :: ~ - f".) C": .-- <:. ,., 1- ., .,-..- , ~ ~~ -f " , . / / EXHIBIT "B"