Resolution 1997-481RESOLUTION NO. 97- 45!
RELATING TO PETITION NUMBER AW-97-1 FOR
A WAIVER OF A PORTION OF THE SEPARATION
REQUIREMENT BETWEEN AN ESTABLISHMENT
WHICH SELLS A~COHOLIC BEVERAGES FOR
CONSUMPTION ON PREMISES AND A CHURCH FOR
PROPERTY HEREINAFTER DESCRIBED 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 (Ord. No. 91-102) which establishes regulations for
the zoning of 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 t° 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 rec~ired by said regulations
and in accordance with Section 2.6.10.3 of the Land Development Code
~or the unincorporated area of Collier County~ and
WHEREAS, all interested parties have been given an opportuni~y to
be heard by this Board in public meeting assen~led and the Board
having considered all matters presented~
-1o
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition AW-97-1 represented by Randy Seyler, on behalf of
Ashton Enterprises, Incorporated, with respect to the property
hereinafter described as:
Lot 51, Naples Improvement Company's Little Farms, as
recorded in Plat Book 1, Page 2, of the Public Records of
Collier County, Florida.
be and the same hereby is approved for a waiver of 250 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
250 feet.
BE IT RESOLVED that this Resolution relating to Petition Number
AW-97-1 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~/~. day of ~~-/, 1997
n..~?ST..~ . ,~..._.: ,~', ~' · BOARD OF ZONING APP~S
~'~T,~%;~K.~CLERK-- COLLIER COUNTY, ~ORIDA
~'~., ,',~..~.X* .. /
APPROVE~ AB'* TO FO~ AND LEGAL SUFFICIENCY:
~RJO~E M. STUDENT
ASSISTANT COUNTY ATTORNEY
f/AW-97-1 resolution
-2-