Resolution 1999-381
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RESOLUTION NO. 99- Ja1
RELA TlNG TO PETITION NUMBER V -99-12.
FOR AN AFTER-THE-FACT VARIANCE ON
PROPER TY HEREINAFTER DESCRIBED IN
COLLIER COUNTY. FLORIDA.
WHEREAS. the Legislalure of lhe Slale of Florida in Chapler 125. Florida Slalulcs,
has conferred on all counties in Florida the power to cs!ablish, coordinate and enforce zoning
and such business regulations as are necessary for the prutection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-] 02) which establishes regulations for the zoning of particular geographic
divisions Oflhc County, among which is the granting of variances; and
WHEREAS, [he Board of Zoning Appeals. being [he duly elcetcd conslitulcd Board of
the area hereby affected, has held a public hearing aIler notice as in said regulations made and
provided. and has considered the advisability of a 6.2-[001 aflcr-the-fact variance from the
required side yard setback of 15 reet to 8.8 feel as shown on the attached plot plan, Exhibit
"A", in a C-4 Zone for the property hcreinafier described, and has found as a matter of fact
thaI 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
ofsilid Land Development Code for the unincorporated area orCollicr County; and
WHEREAS. all interested parties have been given opportunity 10 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
ofeollier County. Florida, lhat:
The Pelilion V-99-12 frlcd by William L. Hooyer, AICP, of Heoyer Planning,
representing Pizza Hut of America, Inc., with respect to Ihe property hereinafter described as:
Exhibil "B"
be and the same hereby is approved far a 6.2-fool after-the-fact variance from the required
side yard setback of 15 feel to 8.8 feel as shawr1 on the attached plot plan, Exhibit "A", oCthe
C-4 Zoning District wherein said property is located, subject to the following conditions:
1. Wilhin 60 days of approval of this variance, the Petitioner shall
submil a Site Development Plan 10 the Planning Services Director.
The Site Development Phm shall depict exisling conditions, and.
in addition to landscaping required by the Land Development Code
between the wall and the south propcny line, the SOP shall depict
a single row of a nalive hedge. Ihree feet in height and planted
three feet on-center.
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2. In the case of Ihe removal of Ihe cooler, or its dcstruC:lion (0 an
extent equal to or greater than 50 percent of the actual rcplaccmcnl
CDsl of the cooler at the time of destruction, any replacement shalt
conform 10 the provisions of the Land Development Code in efTeet
at [he lime of replacement.
BE IT RESOLVED [hat lhis Resolulion rela[ing 10 PClilion Numbcr V.99.12 be
recorded in the minutes of this Board.
This Resolution adopted after mOlion, second and majority \'ote.
Done this ~~ .,." day of <~q"".",\l,'~ ,1999.
ATTEST: .
DWl.GJ:ltE. BROCK, Clerk
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. Approved as to Form and Legal Sufficiency;
BOARD OF ZONING APPEALS
COLLIER COUNTY. FL~RIDA j-
~JYIYYY]/lL/t0
MELA S. MAC'KIE, Chairwoman
mr';;j' , " In,2ZeJ.'-dC
Mali ' C M. S[Udenl
Assistant County Attorney
lI.dmiw'sLlcIV.9lj.12 RF_'mLUTfON
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