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Resolution 1995-209 1"7 , A 1 RESOLUTION NO. 95-~9 RELATING TO PETITION NUMBER AW-95-1 FOR A WAIVER OF A PORTION OF THE SEPARATION REQUIREMENT BETWEEN AN ESTABLISHMENT WHICH SELLS ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES AND A CHURCH, FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legielature 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 COrd. No. 91-102) which establishes regulations for the zoning ot particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County empowers the Board of Zoning Appeals to hear requests to waive the minimum separation requirement between establishments serving alcoholic beverages for consumption on premises and an established church; and WHEREAS, Subsection 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County further provides the criteria by which said evaluation to waive all or part of the minimum distance requirement shall be made; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of granting the waiver of separation requirement 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 2.6.10.3 of the Land Development Code for the unincorporated area of Collier County; and -1- 13 A 1 WHEREAS, all interested parties have been given an 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: The petition AW-95-1 ot Richard Schonder on behalf of Dos Callente, Inc., d/b/a! Taco Caliente, with respect to the property hereinafter described as: Exhibit "A" be and the same hereby is approved for a waiver of 350 feet from the minimum separation requirement of 500 feet between the above-described property and the lot on which the nearest established church is located, with a resulting required minimum separation requirement of 150 feet, subject to the following conditions: Alcohol sales shall not exceed 49% of the business's total food and alcohol sales. BE IT RESOLVED that this Resolution relating to Petition Number AW-9S-1 be recorded in the minutes of this Board. commissioner Constantine offered the foregoing resolution and moved for its adoption, seconded by Commissioner Hancock and upon roll call the vote was: AYES: Commissioner Constantine~ Commissioner Hancock, Commissioner Norris~ Commissioner MaclKie, and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this 14 day of March , 1995. \ .-Ifl, . ,ATTES'~: . ,D~IGHT E. .J/" BRO~, CLERK . ., - '19'1~G ~. . #:~i:~ , " -<: ro'" 'I" . ~4-" ' . 'II" .. APPROVED ,/ .' 'AS TO FORM AND LEGAL SUFFICIENCY: Il~<,. ))1. I1cu.&W<.'C. HARJO E K. STUDENT ASSISTANT COUNTY ATTORNEY -2- , , , . 13 A "1 I...---' ", CT , ... ....us " ...1.C. U ....... . 'OMS l\~ 9 5-1 ' h -::' "ontO & ~ RECE'V~D " ~ .,; ~ oj ""'" 9 ~ .. I u, <.> JAN 2. 3 19S5 g ~ , 2) .... z ,. """"'- j i ~ I ....- ::> .. I PlANNING SERVICES ~ <.> 0: ~ 0 .,...- 0: :i Location Map Legal Description Commencing at the Southwest corner of Lot 51, Naples Improvement Conpany's Little Farms, os recorded in Plat Book 2, Page 2, public records of Collier County, Florida, Run North 89' 54' 18" East 2.39.85 feet along the South line of said Lot 51 to the POINT OF BEGINNING: Thence North 00' 07' 19" East 200.00 feet; Thence North 90' 46' 2.3" East 260..31 feet;. Thence North 00' 08' 50" West 105.09 feet to the South right-of-way'line of Pine Ridge Rood (C.R. 896): Thence South 86' 59' 07" East 21.87 feet along said South right-of-way line: Thence continue along said South right-of- way, line 91.9S feet along the arc of 0 circular curve concave to the Northerly, radius 1650.00 feet, chord 91.97 feet, chord bearing South 88' .30' 40" East; Thence North a9' 55' 27" East 2.3.13 feet along said right-of-way; Thence ':,('luth 00' 11' 19'" West 301.S6 feet to the South line of said Lot 51; Thence South S9' 54' lS" West 397,16 feet along said South line to the POINT OF BEGINNING. EXCEPTING the following describeq parcel: The South 40.00 feet ot the North 117 .00 feet of th 42.00 feet of the West 122.00 feet of the East 137. the West 637.1 0 f~et' of' said ".Lot 51. '.. - , . ~'Exhibit "A" I '-.' :~E~n!t . ~2 81995' o feet ";'9f1 P,.~ . . .._.".._.. w.._"_.,~,",~_._._",..~."".......-". .."......."...."~.,~....,, '.' ,,"0