Resolution 2009-036
RESOLUTION NO. 2009 - 36
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING A REQUEST FOR
THE ESTABLISHMENT OF A CONDITIONAL USE, AS
ALLOWED BY SECTION 2.03.01.A.C.20 OF THE LAND
DEVELOPMENT CODE, IN THE AGRICULTURE (A)
ZONING DISTRICT WITH A SPECIAL TREATMENT (ST)
OVERLAY, FOR "RECREATIONAL FACILITIES." THE
PROPERTY IS LOCATED AT 101\1 AND 10121
KEEWAYDIN ISLAND, IN SECTION 14, TOWNSHIP 51
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of conditional uses; and
WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as
in said regulations made and provided, and has considered the advisability of a conditional use,
as allowed by Section 2.03.01.A.C.20 of the Land Development Code, in the Agriculture (A)
Zoning District with a Special Treatment (ST) Overlay, for a recreational facility. The applicant
proposes to use the site for a private beach club with a beach pavilion; and
WHEREAS, the Collier County Environmental Advisory Council unanimously
recommended denial of the application, citing enforcement issues regarding the person capacity
limitation, negative impact to the island from multiple private boats, a negative human impact on
the beaches, dunes and mangroves, and failure of the project to serve the greatest benefit to the
people of Collier County; and
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WHEREAS, the Collier County Planning Commission recommended denial of the
application, finding lack of emergency access, outstanding Department of Environmental
Protection permitting issues related to the site's dock, incompatibility with the existing
residential uses, and failure of the project to comply with Land Development Code subsection
3.03.07.A; and
WHEREAS, the Board heard testimony regarding the application's lack of benefit to the
people of Collier County as a whole and corresponding failure to meet the standards governing
the special treatment overlay; and
WHEREAS, the Board heard further testimony regarding the lack of compatibility with
the adjacent properties and other property in the district; and
WHEREAS, the Board also heard testimony regarding the negative impact this
application would have on surrounding properties; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
of Zoning Appeals in a 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:
For the reasons set forth in the record, the Petition filed by Basil Street Partners, LLC,
represented by Clay Brooker, Esq. of Cheffy Passidomo, P.A., with respect to the property
hereinafter described as:
Parcel I: The North 89.3 feet of Government Lot 2, Section 14,
Township 51 South, Range 25 East, Collier County, Florida (measured at a 90
degree angle to the north line of said Government Lot 2, said north line also
being the common line separating Sections II and 14, Township 51 South,
Range 25 east, Collier County, Florida); and
Parcel 2: The South 89.3 feet of Government Lot 2, Section 14,
Township 51 South, Range 25 East, Collier County, Florida (measured at a 90
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degree angle to the north line of said Government Lot 2, said north line also
being the common line separating Sections II and 14, Township 51 South,
Range 25 east, Collier County, Florida),
be the same is hereby denied for a conditional use, pursuant to Section 2.03.01.A.C.20 of the
Land Development Code, in the Agriculture (A) Zoning District with a Special Treatment (ST)
Overlay, for a recreational beach pavilion
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and unanimous vote, this \~day of
February, 2009.
A TTES1> i,,, "
DWIOHTE 'BRe.cK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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BY;
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Ap roved as to form and
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Clerk
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