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Resolution 2008-051 RESOLUTION 08- ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2006-AR-I0092, FOR A IS-FOOT VARIANCE FROM THE REQUIRED ISO-FOOT LOT WIDTH TO 135 FEET AND A IS-FOOT VARIANCE FROM THE REQUIRED 40- FOOT SIDE YARD SETBACK TO 25 FEET FOR A PROPOSED AUTOMOBILE SERVICE STATION LOCATED AT 2393 LAKE TRAFFORD ROAD, AS FURTHER 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. 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 has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a IS-foot variance from the required ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40- foot side yard setback to 25 feet, 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 Sections 5.05.05. and 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 Petition VA-2006-AR-10092 filed by Stephen J. Fleming, P.E. of SJF and Associates, Inc., representing Mohammed M. Rahman, with respect to a proposed automobile service station on property located at 2393 Lake Trafford Road, Immokalee, Florida, as further described in the attached Exhibit B, be and the same hereby is approved for a IS-foot variance from the required ISO-foot lot width requirement to 135 feet, and a IS-foot variance from the required 40-foot side yard setback to 25 feet as shown on the attached site plan, Exhibit A, subject to the following conditions: Page I of2 I. The IS-foot variances granted are limited to the side yard encroachment for the proposed convenience store along the west property boundary and to a 15- foot lot width reduction, as depicted in the applicant's submitted site plan dated February 14,2007, included as Exhibit A. 2. In addition to the required landscaping on the outside of the 8-foot high wall, the inside of the wall shall be landscaped with a single row 3-foot minimum high hedge planted a minimum of 3 feet on center and maintained at a minimum height of 5 feet. 3. There shall be no outdoor speakers except for those required by a governing authority. 4. The hours of business operation are limited to 5 a.m. to II p.m. 5. "NO LOITERING" signs shall be posted in appropriate locations on the building and in the parking area. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2006-AR-10092 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 2w day of ~'20~!'.t ,,-.~>i:, ., ~6Y~, ':'''t ATTESI;~'\ ......~::;:) ~,. DWI9.Hr~: B.ROc:k,.WRK /\ 0);.,' "d,l"j ~ C ~~~,.'L&f2~ l3L AttestD.to. .~~~puty Clerk 11tNwre .t~'" App ved as to form and gal ffi i BOARD OF ZONING APPEALS COLLIEY'OUNTY FLORlD~ By: .:J<fJ1.-- TOM HENNING, CHAI Jeffre Chief Attachments: Exhibit A - Site Plan dated February 14,2007 Exhibit B - Legal Description Page 2 of2 ! li!l I! I',!!ilil!;!i:ll !:i I:'! I!! -~ r$ . ~ ~ ",.."l"l_li r;:f;l'I, .tl I 1'1 I eHj ~" .c~.lllll~ji~-=~"I!= ~!I!" I =,,: ~ '!l; ih~;~r_t~~: .~J: ~~lS wi,li ~"1 , l~~i ~~lp~~~~~~~~~~ ~;~ ~~ ~i 't ;>~l<'''AI~'''I'''''J.. r,$ li\ \' I' :'j .."ii1'i, ',"1' ,'I" "f !!ij-, <: .s:~ ~J: '" $'" ~ '-, '" iSIJ8 rll ~ ~I'I ~ /!1: ~ ~~~i~i~;;;..~it~! ii i:j ~~ ~ '.'! ~ 2~d~~~~lI:;~;\l~.. ~Q .~i , " ~'" .rl 'l'il.~';l; ..~ ~. ~~ ~ ~ i~eii ~~. ~&QI ~~ 11 e~ , ~ i' '!,!.,!., I' , " ., ~ '. ,,;, ~ .' .Ut~U~"_~Cj;SI.(n -. iHi'!' i.~iii~l~ :i,' ii~t ",I.h. I!'. tb:lf ~n'!i 5li '. .,' ~, ., 'J,. .,..:;1. " -'''''l:~ I dn ~ I 1't1 ~ rn ! Ui II ' -- ; I ' i" I I i! .0=; ~+.. '" ....1 ~- .... " '".c< " ,~le I i I .~,l .... .=~---.. i il \-- .- , ~............~.~ "" I ~\ , " - en", !!l1l!! I i,J !:il, 'HI" 1'1 I I'll'! ,II i'i' i Ii' 1,,0, "I' i ,I '__' l ~!r--+"'''-+J, ! ~ ~l II I~! : ~ ti Ii I l:: !~'i i ~ i ~ i ! I~,' iHi i";l1 !~ ~i I I ~i . -~i' , [ -' 'I i,'!TTTill 1~ '1,1.1- 1'1 I 1"1 ~ i ! II! I' !H, . [ ~ Ii! ~_L~.-LJ ~ 1 I~ j~i~_",,,~.,'.(J. "11""1'1"1" .' ,"j', J, ii, i Ii "flIJJ""~H~ i "dh. ~ ~ tig~;~iill ',Ib ;~ '!i'; ; ~,;'~~'- ,~-,... .' !l!!i ;ll!~ " li8 '1= . " ''''\- '.S' f ... ---~-~-"""iMiiiiUiEiii"iiYI---~-- ~ "'" ~ " ~j z ;m Ul e 0 ::0 0 fTl il ~-< fTl .., .., 0 ~Q fTl <D i~~ c ~~ Ul flU }> 0 c~m fTl ,- '.Ti ;~ ij;l Ul ~a ~~g8 ^ .., 'm nil Ul ~~ fTl II 0 ~~ ~~ ;;;: ic ~I . .~ ..~c . ::0 ~g "'...IlI. . 5> i~ ~~.:; . z '~~ 0 ~ c fTl ~ . ! i II,Ut ,,$i' ,0 ::." l:l~ n ~,i (f) ~ ,.. u~J , ,."..;..~ I (t{ii~\j ~til '....,~...... SIR""'NO.XX-XX-XX-XXXX-XXXX MINI-SUPERMARKET Loke Trafford Rood, Immokolee, FL CONCEPTUAL SITE PLAN STEPHEN J. FU~INC &: ASSOCIATES, INC. ......,-----..-...,.,,. _(1)111'.._.... ,...(...J......... DRA....Sy OItCKtDBY APPRCYEOBY s.r S.F SJF I"l'IO'-;CTNU..BDI ". c_w Ri'VISlO EXHIBIT "A" LEGAL DESCRIPTION: Description of parcel lying in the East Y. of the Northeast Y. of the Southwest Y. of Section 32, Township 46 South, Range 2,9 East, Collier County, Florida. Commencing at the Northeast comer oft he East Y. of the Northeast Y. of the Southwest y. of Section 32, Township 47 South, Range 29 East, Collier County, Florida, run South 88049'30" West 663.40 feet; thence South 01.03'30" East 39.37 feet to the Point of Beginning, said point being at the Intersection of the West line of said East Y. of the Northeast % of Southwest Y. and the South line of Lake Trafford Road; thence continue South 01003'30" East 290.63 feet; thence North 89.01'00" East 135.00 feet to the West boundary of Warden Lane; thence North 01.03'30" West 290.59 feet along said West boundary to the South boundary of Lake ,Trafford Road; thence South 89003'30" West 135.00 feet along said boundary to the Point of Beginning. EXHIBIT "B"