Resolution 1995-382
RESOLUTION NO. 95-~
RELATING TO PETITION NUMBER V-95-3, FOR A
VARIANCE ON PROPERTY HEREINAFTER DESCRIBED
IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
~as conferred on all counties in Florida the power to
and enforc~ zoning and such business regulations
are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land
nevelopment Code (Ordinance No. 91-102) which establishes regulations
the zoning of particular geogrclphic divisions of the County, among
~hich is the grant~ng of variances: and
WHEREAS, the Joard of Zoning /'ppeals, being the (July elected
constituted Board ~f the area her~~ affected, has he~d a pUblic
/tearing after notice as in said re~lulations made and l'rovided, and has
:onsidered the advisability of granting a variance of 37.5 feet from
the required 100 foot landscape buffer, as it applies to Vanderbilt
)each Road, in the manner shown on the attached site r'levelopment plan,
exhibit "A", for the property her,dnafter described, and has found as
a matter of fact that satisfactor~ provision and arrangement have been
aade concerning all applicable matters required by said regulations and
1n accordance with Section 2.7.5 of the Zoning Regula':ions of said Land
Development Code for the unincorporated area of Colllt!r County; and
WHEREAS, all interested part.: IS have been given opportunity to be
heard by this Boarc' in public mee' Lng assembled, and I:he BOard having
considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZON:;:NG APPEALS of
'::ollier County, FIe rida, that:
The Petition j.o. V-95-3 filea by Karen K. Bishop of Project
Management Servicer., Inc., represc\ting CS-2 Venture, with respect to
the property hereinafter described as:
Parcel B, Pelican Bay Unit 19, as recorded in Pllt Book 22,
Pages 15-16, of the Public Records of Collier C~unty,
Florida.
be and the same he .eby is approveo for a 37.5 foot variance from the
t
required 100 foot .andscape buffe~, as it applies to Vanderbilt Beach
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&001( 000 PAGE 270
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:;.<~~~'~ '1-95-3 be recorded .i.n the minutes (f this Board.
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Resolution and moved for its adopt on, seconded by COlll'.1Iissioner
"RoseS, as shown on the attached plot plan, Exhibit "A", of the PUD
zoning' district wherein said property is located, subject to the
following' conditions:
The variance granted shall be construed to allow a landscape
buffer strip of 62.5 feet, which shall also represent the
minimum sett,ack line for buildings from the Vanderbilt Beach
Road property line as represented by the Plat of Pelican Bay
Unit 19, as recorded in Plat Book 22, Page 16, public records of
Collier County, Florida.
The term lardscape buffer shall be construed to allow a 20 foot
access drivE.way.
(iii) A landscapeC area with a minimum horizontal distance of twenty
(20) feet shall be established contiguous to the Vanderbilt
Beach Road 1. ight-of-way linE' as represented by the Plat of
Pelican Bay, Unit 19, as re(':)rded in Plat Book 22, Pag'e 16.
This horizontal distance shull be improved by tne inclusion of a
6 foot comb:, ned solid and w:"ouqht-iron wall anc. veg'etative
material th.'t will achieve In 80t opacity ratir~ within one year
of planting as further illuftrated by the EXhil:its submitted at
this public hearing' and ExM bit A attached herE. ':0.
;iv) The constru~tion entrance from Vanderbilt Beac~ Road shall be
positioned no closer to the entrance to Beachwalk than the
current historical construction entrance.
BE IT RESOLVED that this Resolution relating' to ietition Number
Hancock
offered the f~reqoinq
and UpOl i roll call the vote was:
~. AYES: Commissioner Hancock~ Commissioner Norris, Commissioner Constantine,
Commissioner Matthews
.. tfAYS:
. ,~\ }.BSENT AND NOT VOTING:
Commission~r Mac'Kie
~STENTION :
Done this 20th
day of
~ Itne
, 1995.
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r firGHT E. BROCK, \. CL 00<
BOARD OF ZONING APl'EALS
COLLIER COUNTY, FLC:RIDA
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'IPPROVED.,-h{:rO' FORM AND LEGAL SUFFICIENCY:
,ARIANCE V-95-3 RESJLUTION/lqk/13f'J7
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800K (JOOPAGE271
JUN 2 0 IJ95