Resolution 2010-048
RESOLUTION NO. 10- 4R
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, DENYING THE ESTABLISHMENT
OF A CONDITIONAL USE TO ALLOW TWO COMMUNICATIONS
TOWERS WITHIN THE ESTATES ZONING DISTRICT PURSUANT
TO SECTION 5.05.09 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION
8, TOWNSHIP 50 SOUTH, RANGE 26 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
of two communications towers within the Estates Zoning District pursuant to Section 5.05.09 of
the Collier County Land Development Code on the property hereinafter described, and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
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:
Petition Number CU-2008-AR-14085 filed by Kimberly 1. Madison, Esquire of
Ruden, McClosky, Smith, Schuster and Russell, P.A., representing FLO TV Incorporated, with
Mediaflo USA, Inc. CU-2008-AR-14085
REV. 02124/10
lof2
respect to the property hereinafter described in Exhibit "A", be and the same is hereby denied for
a Conditional Use for two communications towers within the Estates Zoning District pursuant to
Section 5.05.09 of the Collier County Land Development Code for the reasons as set forth in the
record of the proceedings.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion for approval of the Conditional Use failed to
achieve the necessary four of five necessary votes for passage of the Conditional Use, this ~rd
day of FJ,cu AI Y
,2010.
ATTEST:"" . c;:,'.~ \.., . .
DWIqHr,:E:9ROC;k,>~CLERK
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BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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By:'~ .
FRED W. COYLE, CH' an
Approved as to form
and legal sufficiency:
1k- 7. LJ'~
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" -Legal Description
CP\08-CPS-00918\46
Mediaflo USA, Inc. CU-2008-AR-14085
REV. 02124/10
20f2
Exhibit A
"
LEGAL .DESCRIPtION
Property located in Collier, FL
TIle West om~-half (W Y2) of the Northwest one-quarter (NW ~) of the Southeast one-quarter
(SE ~) of tlte Southeast one-quarter (SE ~) of Section 8, Township' 50 South, Range 26 East,
Collier County Florida., also known as 'Tract No. 20. Enchanted Acres, less the South 30 fed for
road right-of-way purposes.
AND BEING the same pror>erty conveyed to Renda Broadcasting COlporation., a Pennsylvania
corporati.on from Sterling Commullication Colporation, a Florida cotporation by W~nt.y Deed.
date<1 January 13 t 1999 and recorded January 20, 1999 in Deed Book 2503, Page, 1624:
Tax Parcel No. 00405160008
RM :6342536: I