Resolution 2009-106
RESOLUTION 09- 1 06
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER VA-2008-AR-14017, FOR FIVE VARIANCES FROM
LDC SUBSECTION S.OS.OS.B. TO ALLOW REDUCED FRONT
YARD SETBACKS ALONG WEST MAIN STREET AND 7TH
STREET SOUTH FOR GASOLINE PUMP DISPENSER
ISLANDS AND GASOLINE PUMP CANOPIES ON
PROPERTY LOCATED AT 617 WEST MAIN STREET,
HEREINAFTER DESCRIBED IN IMMOKALEE, 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 variance
from LOC subsection 5.05.05.B, which requires a minimum front yard setback of 50 feet for
automobile service stations, to allow reduced front yard setbacks, in order to install gasoline
pump dispenser islands and gasoline pump canopies as shown on the attached Exhibit "A", in the
General Commercial (C-4) zoning district and Main Street Overlay Subdistrict (MSOSD) 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 Sect,ion 9.04.00 of the Zoning Regulations of said Land Development Code
for the unincorporated area of Collier County; and
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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:
The Petition Number V A-2008-AR-14017 filed by Bert Thomas on behalf of Merit
Petroleum Company with respect to the property located at 617 West Main Street, in Section 4,
Township 47 South, Range 29 East, Irnrnokalee, Collier County, Florida, and further described
as:
Lots 4 and 5, Block 5, Carson's Subdivision, according to the plat thereof
recorded in Plat Book 2, Page 40, Public Records of Collier County, Florida,
LESS the Northerly 20 feet of the above parcel conveyed to the State of Florida
by deed recorded in Deed Book 9, Page 452, Public Records of Collier County,
Florida
be and the same hereby is approved for variances from LDC subsection 5.05.05.B to allow:
1. A 12-foot Variance from the 50-foot front yard setback along West Main Street
(SR 29) to permit a 38-foot setback for the dispenser island canopy;
2, A 9-foot Variance from the 50-foot front yard setback along 7th Street South to
permit a 41-foot setback for the dispenser island canopy;
3. A 19-foot Variance from the 50-foot front yard setback along West Main Street
to permit a 31-foot setback for the easternmost fuel pump dispenser island;
4. A 2-foot Variance from the 50-foot front yard setback along West Main Street to
permit a 48-foot setback for the westernmost fuel pump dispenser island; and
5. A 17-foot Variance from the 50-foot front yard setback along 7th Street south to
permit a 33-foot setback for the westernmost fuel pump dispenser island.
as shown on the attached Exhibit "A", incorporated herein and by reference made a part hereof,
in the zoning district wherein said property is located; and subject to the Conditions of Approval
attached hereto as Exhibit HB".
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this J.g't1,) day of
Ae-rd
,
,2009.
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BOARD OF ZONING APPEALS
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DO A FIALA, Chairman
Approved as to form and
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He di AShton-Cicko
Assistant County Attorney
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NO. DATE REVISION
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~"eNOV"TIONSTO
IMMOKALEE SHELL
.17 WEST MUrlISTfllEET . HWY .
~ PI..OM)A 34t4Z
BERTRAM AUBREY THOMAS, ARCHITECT
314 WEST WINDHORST ROAD. BRANDON, fLORJDA . )3511 1l1J."'....,J
CONDITIONS OF APPROVAL
V A-2008-AR-14017
March 12, 2009
1. The Variances approved are strictly limited to the front yard setbacks, as depicted
on the applicant's conceptual site plan, entitled "Proposed Renovations to
Immokalee Shell," prepared by Bertram Aubrey Thomas, Architect, and dated
December, 2008, as revised through March 10, 2009, and as further restricted
below.
2. The 12-foot setback Variance granted for the dispenser island canopy is limited to
the northern, West Main Street (SR 29) property boundary, as depicted in the
conceptual site plan included as Exhibit A, to allow a reduction of the 50-foot
front yard setback requirement;
3. The nine-foot setback Variance granted for the dispenser island canopy is limited
to the western, 7th Street South property boundary, as depicted in the conceptual
site plan included as Exhibit A, to allow a reduction of the 50-foot front yard
setback requirement;
4. The 19-foot setback Variance granted for the easternmost fuel pump dispenser
island on the site is limited to the northern, West Main Street (SR 29) property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 50-foot front yard setback requirement;
5. The two-foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the northern, West Main Street property boundary,
as depicted in the conceptual site plan included as Exhibit A, to allow a reduction
of the 50-foot front yard setback requirement; and
6. The 17-foot setback Variance granted for the westernmost fuel pump dispenser
island on the site is limited to the western, 7th Street South property boundary, as
depicted in the conceptual site plan included as Exhibit A, to allow a reduction of
the 50-foot front yard setback requirement.
7. Irrespective of that depicted on the conceptual site plan, the site shall comply to
the extent feasible with the landscaping requirements of LDC 5.05.05, and all
other applicable regulations, as determined by County Zoning and Land
Development Review staff at the time of site development plan (SDP) review and
approval.
EXHIBIT B