Resolution 1998-476
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RESOLUTION NO. 99-~
RELATING TO PETITION NUMBER V-99-B,
fOR A VARIANCE ON PROPERTY ~EREINAfTER
DESCRIBED IN COLLIER COUNTY, fLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
florijd Statutes, tidS conf~r(cd on all counties i:\ Florida the power to
establish, coordinate and enforce zoning and such business regulations as
are necessary for the protection of the public: and
WHEREAS, ~he ~ounty pursuant thereto has adopted a Land Development
Code (Ordinance No. 91-1021 which establishes requlations for the ~oninq
of particular geographic dl.islons ot the C)~nty, among which 1s the
granting of variances: and
W~EREAS, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected. has held a public hearing
after notlce as in said regulations made and provided, and has considered
the advisability of a 65-foot height variance from the required 185 feet
to 250 feet for an existing 180 foot communications tower as shown on the
attached plot plan, Exhibit "A", in an "IN Industrial Zone for the
property hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement have been made concerning all
applic~ble matters required by said reQulations and in accordance with
Section 2.7.5 of the Zoning Regulations of said Land Development Code for
the unincorporated dred of Collier County; and
WH~REAS, all interested parties have been given opportunity to be
heard by this Beard in public: meeting assembled, and the Board having
considered a~l ~3tters presented;
NOW THEREfORE BE IT RESOLVED BY THE BOARD Of ZONING APPEALS of
Collier County, Florjda, that:
The Petitlon V-98-8 filed by Bill Hoover of ~oover Planning,
representing Rcg~r D. Withers and OPM-USA-Ir.c., with respect to the
property hereinafter described as:
Exhibit "8"
be ~nd the same hereby is appro~ed for a 65-foot height variance from the
required 185 feet to 250 teet for an existing 180 foot communications
tower as shown on the attached plot plan, Exhibit "A", of the "IU
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I~dustrial Zoning District wherein said property is located, subjact
to the f0110wing c0nditi~ns:
1. An exotic vegetation removal, monitoring and maintenance
(exotic free) plan for the subject property shall be
implemented on a yearly basis at a minimum commencinq
with the issuance of the Certificate of Completion.
2. Artificial lighting required by the federal Aviation
Administration and/or the Federal Communications
Commission shall be affixed to the tower. A red beacon
shall be used instead of a white strobe light when
technically possible.
BE IT RESOLVED that this Resolution relating to Petition Number
V-98-8 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done thi'
~<I;CI..
day of '7J",,--- ~
, 1999.
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ATTEST:
DWIGfl,T.E.
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BROCK, Cl~_rk
BOARD Of ZONING APPEALS
COLLIER COUNTY, fLORIDA
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Attut 1t-;.tO :'If:IBa'~';
~\lI'J~~1(r6dOl!.t,r.t~"form and Legal Sufficiency:
~m.~....t.
Marj tie ~. S~udent
Assistant County Attorney
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LEGAL DESCRleTlON
(O.R. 1240. Pal,le 1 t 83. Collier Caunty. Florida)
The South 1/2 of the South 1/2 af the,SW 1;'4 of the HW 1/4 af tl'la SW 1/4 of SeotIon 11.
TawnShip .9 South, Ra"ge 25 Eb.t, Iyinl,l! East of 0 rood rlqht-af-way dnc:ribed 01 follows;
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"Road riqht-of-..ay thraugh the We.t 1/.,. af the Southwe.t 1/4 of Sectlan It. Tawn.hip 4a
South, Ranl,le 25 East, which includ.. a .trlp of land 30 fHt eoch .Id. or a cent.,. line
dncribed a. follow.: Run from the Soutl1wnt comer of aoid Section 1 t a distance of S03.38
feet Easterly along the Sauth boundary. lilte of .old SectIon " to 0 point af beglnninl,l:
thence run in a northerly directian a di""nce af 2.1SJt f..t. mara or I.... to a point on the
North boundary line of the Southw..t , /. af .oid Sec:t1on ". laid point being 284 feet
East or the Northwest comer of the Southwest '/4 of laid Section 1 to
EXllyr.IT "R"
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