Resolution 1997-223
APR II 1997
RESOLUTION 97-~23
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A BOATHOUSE CONDITIONAL USE "I" IN THE
"RSF-3" ZONING DISTRICT PURSUANT TO SECTION
2.2.4.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
conferred on Colli','r County the power to establish, coordinate llnd
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 includes a
Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which
is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly
appointed and constituted planning board tor the area hereby
affected, has held a public hearing after notice as in said
requ1ations made and provided, and has considered the advisability of
Conditional Use "1" of Section 2.2.4.3 in an "RSF-3/t zone for a
boathouse on the property hereinafter described, and has found as a
matter of fact (Exhibit "An) that satisfactory provision and
arrangement have been made concerning all applicable matters required
by said regulations and in accordance with Subsection 2.7.4.4 of the
Land Development Code for thp Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to
be heard by this Board in a public meeting assembled and the Board
havlnq considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
.
Collier County, Florida that:
-1-
APP 2 l1997
The petition filed by Ray Peterson of Garland and Garland, Inc.
representing "anler and Briqitt Oagge with respect to the property
hereinafter described as:
Exhibit "BOO which is attached hereto and incorporated by
reference herein.
be and the same is hereby approved for Conditional Use "1" of Section
2.2.4.3 of the "RSF-3" zoninq district for a boathouse in accordance
with the Conceptual Master Plan (Exhibit "en) and subject to the
following conditions:
The Planning , Technical Services Manager may approve minor
changes in the location, siting, or height of bUildings,
structures, and improvements authorized by the conditional
use. Expansion of the uses identified an approved within
this conditional use application, or major changes to the
site plan submitted as part of this application, shall
require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in
effect at the time of submittal, including Division 3.3,
Site Development Plan Review 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 Bpard.
This Resolution adopted after motion, second and majority vote.
Done this
//l~ . j
. 1997.
day of
r;l.. .:1--
,,'
.ATTEST: ,
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:Tltif~~
DWIGHT E. BROC~. CLERK
, '
-m..~L Yn,'/H:nd,<vt
MARJ IE, M; STUDENT
ASSISTANT COUNTY ATTORNEY
f/aJ.'1-6 flESOLtfT!CH
-2-
APR 2 2 1997
FINDING OF ['ACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-6
The following facts are found:
1. Section 2.2.4.J.1 of the Land Development Code authorized
the conditional use.
2. Granting the conditional us. will not adversely attect 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 Plan:
Yes (/'" No
B. Ingress and egress to property and
thereon with particular reference to
pedestrian safety and convenience,
control, and access in case of fire
Adequate ingre~ egress
Yes _ No_
c. Affects neighboring properties in relation to noise,
glare, eco9omic or odor effects:
~No affect or Affect mitigated by
----- Affect cannot be mitigated
proposed structures
Automotive And.
traffic tlow And
or catastrophe:
D. Compatibility with adjacent properties and ether
property in the district:
Compatible use withi~district
Yes....!:::::.... No _
Based on the above findings, this conditional use should,
stipulations, (copy attached) (h .._...) beQommended
approval
DATE: tl/;/q7 CHAIRlIAN~ ~_..._
L, I
with
for
EXHIBIT -A-
t/rIHOIHG or FACT CHAIRMAN/
APR II t997
LEOAL DESCRIPTION
Dage Propeny
239 Dolphin eo.. Coun, funhet dcIcrIbed II toe 10, Dolphin eov.. In Sealon j. T_lp 41
Soulh, Range 25 East. Collier County, Florida, oonsigina orO.1 acres. more or lea:.
Recorded: Plat Book 19, Pages $,.56
EXIlIBrr "B"
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