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Resolution 2011-101 RESOLUTION NO. 11- 101 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER ABW-PL201l-0568, GRANTING A WAIVER PURSUANT TO SECTION 5.05.01.A.6. OF THE LAND DEVELOPMENT CODE, CONCERNING TWO ESTABLISHMENTS SELLING ALCOHOL FOR ON-SITE CONSUMPTION AND DERIVING LESS THAN FIFTY-ONE PERCENT OF THEIR SALES FROM FOOD ITEMS AND HAVING A MINIMUM SEPARATION DISTANCE OF LESS THAN 500 FEET FROM ANOTHER SUCH ESTABLISHMENT, WHICH ARE LOCATED AT UNITS 8205 AND 8210 IN THE MERCATO MIXED USE PLANNED UNIT DEVELOPMENT IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST, 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. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of waivers pursuant to Land Development Code Section 5.05.01.A.6.; and WHEREAS, The Mercato, LLP desires to establish two businesses which will sell alcohol for on-site consumption and derive less than fifty-one percent of their sales from food items, to be located in Units 8205 and 8210 of the Mercato Mixed-Use Planned Unit Development (MPUD) that would be located within 500 feet of an existing business whose primary purpose is the sale of alcohol; and WHEREAS, The Mercato, LLP seeks a waiver permitting a separation distance of 40+/- feet between these two establishments, and a separation distance of 195+/- feet from an existing establishment whose primary function is the sale of alcohol for on-site consumption, with none of these establishments deriving at least 51 percent of their gross revenue from the sale of food or non-alcoholic beverages; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicaple matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting the instant waiver and all matters presented. Silver Spot Theatre \ AS W-PL20 11-0568 Revised 5/1 Oil I Page I of2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a waiver pursuant to LDC Section 5.05.01.A.6. and approves the separation distance of 40+/- feet between the two establishments which will sell alcohol for on-site consumption and derive less than fifty-one percent of their sales from food items, and a separation distancc of 195 '/- fcct from an existing establishment whose primary function is the sale of alcohol for on-site consumption, as depicted in Exhibit A, as requested in Petition ABW-PL2011-0568 tiled by D. Wayne Arnold on behalf of the Petitioner, The Mercato, LLP, concerning the subject property described as Units 8205 and 8210, Mercato MPUD, in Section 34, Township 48 South, Range 25 East, Collier County, Florida. 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 ~4--th day of .~J_LHY: , 2011. ATTESJt-", ~.". DW-lG~:~~8.CK,. CLERK . .-,. " Oc#-. ~. "r,..,...... u, .\ ~', .', /~'~;.' +":'1 '7:' ", "-;:. " BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: --kt-7. ~.Q1 Steven T. Williams <",J Assistant County AttorneY' "1/'1 Attachment: Exhibit A: Separation Exhibit CP\ II-CPS-O 1 09116 Silver Spot Theatre \ ABW-PL20 11-0568 Revised 5/10111 Page 2 of2 Mercto MPUD Petition For Waiver From Separation Requirements For Establishments Selling Alcoholic Beverages For On-premise Consumption Separation Exhibit '-. -~ , " .,. I '---- """""'" - ~Ii /, , -, - Y')-.. ,~- ( '\ ~' \1, .. .~J . '1UI.DlNG1;f:- ---;r-f- , -- --:-; . . . . . ": . . .= , ~ -I ' I Ii! '1 i' t' ~ j r! II .. I I . I Ii' +: . r' r ~ r- ! ~',:;:;-f--- : :! i I I J_~_'="'c_~,_- 7 i i j ij -- -. _IML EXHIBiT A ___,.~..n___,_~_.".~_____.,~_._..,._,~.____..___"._".~.<__,;_.....~.."''''''_'o~.__...__~,_