HEX Final Decision 2017-29 HEX NO. 2017—29
HEARING EXAMINER DECISION
PETITION NO. SV-PL20170001467 — Equity Piper Naples, LLC requests a sign variance
from LDC Section 5.06.04.F.1 to allow a sign separation of 240 feet between two pole or
ground signs instead of 1000 feet on a single parcel. The subject property is located at the
corner of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range
25 East, Collier County, Florida.
DATE OF HEARING: October 12, 2017
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08
B of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing.
The two parcels are not platted; instead the parcel improvements will each be located on a single
parcel within a land condominium. If the buildings were each to be located on their own platted
lots of record, then two signs would have been permitted by the Land Development Code.
DECISION:
Petition SV-PL20170001467, filed by D. Wayne Arnold, AICP of Q. Grady Minor and
Associates, P.A., representing Equity Piper Naples, LLC, with respect to the property hereinafter
described, is hereby approved for a variance from Section 5.06.04.F.1 of the Land Development
Code to allow a sign separation of 240 feet between two pole or ground signs instead of 1000
feet on a single parcel, in accordance with the Proposed Site Plan attached as Exhibit "A", and as
subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Site Plan
LEGAL DESCRIPTION: Unit 2 of Piper Blvd. Land Condominium, a commercial land
condominium, according to the Declaration of Condominium thereof, recorded in Official
Records Book 5009, Page 2390, of the Public Records of Collier County, Florida, and all
amendments thereto, together with its undivided share in the common elements.
[17-CPS-01671/1363319/1]52 1 of2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON T E ZONING MAP FOR
INFORMATIONAL PURPOSES.
1 b LC2
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
Heidi F. shton-Cicko
Managing Assistant County Attorney
[17-CPS-01671/1363319/1]52 2 of2
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