Resolution 2008-136
RESOLUTION NO. 08_136
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2007-AR-12668, FOR ONE 7-FOOT VARIANCE
FROM THE REQUIRED 50-FOOT FRONT YARD SETBACK
TO 43 FEET TO REPLACE AND RELOCATE GAS PUMP
ISLANDS AND ONE 17-FOOT VARIANCE FROM THE
REQUIRED 50-FOOT FRONT YARD SETBACK TO 33 FEET
TO REPLACE AND RELOCATE THE CANOPY AT THE
HANDY FOOD STORE, LOCATED AT 401 1ST STREET
SOUTH, IMMOKALEE, FLORIDA, AS HEREINAFTER
DESCRffiED 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 (LDC)
(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 Collier County 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 7-foot
variance from the required 50-foot front yard setback for automobile service stations to 43 feet
along the property's First Street South (CR 846) frontage for the replacement and relocation of
gas pump islands and a 17-foot variance from the required 50-foot front yard setback for
automobile service stations to 33 feet along the property's First Street South (CR 846) frontage
for the replacement and relocation of a canopy, as shown on the attached plot plan, Exhibit A, in
a Village Residential (VR) Zoning District and a General Commercial Zoning District with a
Main Street Overlay (C-4-MSOSD), within the Wellfield Risk Management Special Treatment
Overlay Zone (ST/W-4) for the property hereinafter described, 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 Section 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:
4-9-08 MMSS
Page I of2
';/r~ 11(jiJ-
The Petition VA-2007-AR-12668 filed by Charlie Martin, representing B & B Cash
Grocery Stores, Inc., with respect to the property hereinafter described as:
Lots 1,2,3,22,23 and 24, Block I, South Immokalee Heights, according the Plat
thereof recorded in Plat Book 3, Page 29, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 7 -foot variance from the required 50-foot front yard
setback to 43 feet along the property's First Street South (CR 846) frontage for the replacement
and relocation of gas pump islands and a 17-foot variance from the required 50-foot front yard
setback for automobile service stations to 33 feet along the property's First Street South (CR
846) frontage for the replacement and relocation of a canopy, as shown on the attached plot plan,
Exhibit A, in the zoning districts wherein said property is located, subject to the following
conditions.
I. The 7-foot variance for the encroachment along the property's First Street South
frontage shall be limited to allow for the placement of the two gas pump islands
only as depicted on the UST Installation Plan/Plot Plan, Exhibit A.
2. The 17-foot variance for the encroachment along the property's First Street South
frontage shall be limited to allow for the placement of the gas pump canopy only
as depicted on the UST Installation Plan/Plot Plan, Exhibit A.
3. The applicant shall enter into a hold harmless agreement with the Transportation
Division within 90 days of approval of the variances. The purpose of the
Agreement is to indemnify the County for any damages to the structures that are
the subject of these variances and landscaping as a result of any future
improvements to First Street South.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2007-AR-I2668 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and
majority vote this J.!i!! day of
~
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
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Approved as~~io-Wi .
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and 100;l.I. ~~m(;jericy:
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~ Jeffrey A. Klatzkow
b Chief Assistant County Attorney
BOARD OF ZONING APPEALS
::LLlliiNfY RDRIDA .
TOM HENNING, CHAIRM
4-9-08 MMSS
Page 2 of 2
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