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Resolution 2013-230 RESOLUTION NO. 13-2 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [SV-PL20130000818] 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 variances; and WHEREAS, Section 5.06.04.F.4 limits the number of wall signs on multiple-occupancy parcels to one sign per internal unit and two signs per end unit so long as the signs are not placed on the same wall; and WHEREAS, the Petitioner, Del Mar Retail Condominium Association, Inc., is seeking a variance from Section 5.06.04.F.4 of the Land Development Code in order to increase the number of signs on the building from one sign per internal unit and two signs per end unit to two signs per internal unit and three signs per end unit to allow each unit to place one sign on the façade facing Davis Boulevard and one sign facing the parking lot at the rear of the building; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable 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 a public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number SV-PL20130000818 filed on behalf of Del Mar Retail Condominium Association, Inc. with respect to the property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in OR Book 4892, Page 650, et Del Mar Shopping Center 1 of 2 SV-PL20130000818—Rev.9/05/13 seq. of the Official Public Records of Collier County, Florida (Folio No. 29810000022), be and the same is hereby approved for an additional sign for each unit and no more than 36 total signs for the entire Del Mar Shopping Center, subject to the Exceptions and Conditions of Approval in Exhibit"A", attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20130000818 be recorded in the minutes of this Board. l' This Resolution adopted after motion, second and majority vote, this 1�th day of OC- b.b (r , 2013. ATTEST!' •' , _;, BOA' u OF ZO ING AP' ALS DWIQHT E. CROCK, CLERK COLLIE R ' 0 TY, FL 0 RIDA T,, k By: k i A ttegey,lerk , GEO' ' I A. HILLER, ESQ. t 8linlan S Chairwoman signature only. Approved as to form and legality: SAC ' • roily R. ' sin -,?-1 9 513 Assistant County Attorney Attachment: Exhibit A—Exceptions and Conditions of Approval 13-CPS-01224/24 Del Mar Shopping Center 2 of 2 SV-PL20130000818—Rev. 9/05/13 CONDITIONS OF APPROVAL FOR SV-PL20130000818 1. Unit 108 currently has an illuminated wall sign that faces the parking lot. The existing wall sign is permitted to be retained until the sign is removed or replaced or the current business moves or vacates the unit. 2. A total of 36 wall signs are permitted for the Del Mar Shopping Center, which represents 17 additional wall signs, exclusive of condition 1 above. 3. All signs facing the parking lot (north side of the shopping center) except as noted in condition 1 above shall not be illuminated. EXHIBIT A 13-CPS-01224\25 Rev. 9/5/13