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Resolution 2007-022 RESOLUTION NO. 07- 22 RELATING TO PETITION NUMBER SV-2006-AR-9400, FOR AN AFTER-THE-FACT SIGN VARIANCE FOR THE SWAMP BUGGY RACESIFLORIDA SPORTS PARK. THE SIGN VARIANCE REQUESTED IS TO ALLOW AN EXISTING NON-CONFORMING, OFF-PREMISES DIRECTIONAL SIGN TO REMAIN AT ITS EXISTING LOCATION FOR A PERIOD OF NOT MORE THAN THREE YEARS. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF COLLIER BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD ON PROPERTY HEREINAFTER DESCRmED IN 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 (Ordinance No. 04-41) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals (BZA) has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after-the-fact sign variance to allow an existing, non-conforming off-premises directional sign (hereinafter referred to as the "Sign") to remain at its existing location for a period of not more than three years. The Sign is located on the southeast comer of Collier Boulevard and Rattlesnake- Hammock Road, as shown on a site plan attached as Exhibit "A." The BZA has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in 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: The Petition SV-2006-AR-9400, filed by Robert J. Mulhere of RW A, Inc., representing Mr. David Torres of Toll-Rattlesnake, LLC, with respect to the property hereinafter described as: Parcel 17 of Section 14, Township 50 South, Range 26 East of Collier County, Florida, be and the same hereby is approved for an after-the-fact sign variance for the Swamp Buggy Races/Florida Sports Park. The Sign may remain at its existing location as shown on Exhibit "A," subject to the following conditions: 1. The Sign shall be allowed to remain in place until the earlier of the permanent relocation of the Swamp Buggy venue or upon written request by the Collier County Transportation Division to accommodate improvements to Collier Boulevard or Rattlesnake-Hammock 10f2 Road. In any event, unless otherwise extended by this Board, the Sign must be removed no later than three years from the date of this Resolution. All costs associates with the removal or relocation of the Sign shall be borne by the applicant; 2. A right-of-way permit, if required, shall be secured within four months from the date of this Resolution; 3. A building permit application shall be submitted to Collier County within four months of the date of this Resolution; and 4. Required landscaping shall be planted around the base of the Sign. A planting plan shall be submitted to Collier County with the building permit application. The Applicant may utilize manual irrigating techniques if the planting plans include xeric or drought tolerant plants. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2006-AR-9400, Swamp Buggy Sign Variance, be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~~ day of J [q) UCLfV , 2007. . 'd' { . L :' 'r. ,'- " !~,~. ATrEST': .;1)WI9HT E. BRi0CK, CLERK .B" ~ i . .\ ~$.'l :~lo Ct,R~ Flerk S 1911It4K'. on I . . By: JAMES COLETTA, CHAIRMAN 20f2 n 0 0 I '" ,., ,., IE V> n C; '" '? ~ ,., 9 9 ~ " " ~ '- io io ;. ~ '" A A A ':: ~ ~ ~ ~ .;:: .;:: [il [il ~()C ,.~~ "C:::>-4 ..t"" ~2;> ,0 ~ t'\ Iglf. i' ~ .. ~llf b i~li ~~~i ~ :r: )>:;0 s:;:> S:;:-1 O;=J Ol'l ^Ul )> l:;oz / 0 ^ / )> I'l /' 0 --/ - - - - E.i5Ji:- " ~ ~ (, p p jE !21 :0 11 . II ~ ~ g '5 ~ ~ ~ ~ ~ i ~ ~ ~ ~ <: ~ COUNTY ROAD 951 I I I I \ \ \ "'- '- "'- E:""O.'P.-------~---------------- I l __ __ _::::-_=-- ..f:.P.~ _ __ _ _ __ _ _ ___ T.O.8. lJl 0 ~~ ~ -i J n )> r ~a l'a ?: !C' J >.. ~n ~ -, '" 0 ~ - -< n '" ;:J r "l '" ;;; 0 '" z ::< .. 0 ~ -1 GJ 0 Z , , < )> CD ;;0 ;;0 )> 0 Z -1 :r: n I'l I'l ;;0 I'l Ul X :r: z CD 0 -1 ~ il! ~ ~ ." o e lJl~ I C1 ~~ U'1 :. o S ~ GJ Z < > ;;0 )> z n fTI ~ '" -6 o~ -u ~~ f'l ~ ::::j :::! o ~ z 8P o .. T.O.B. o EXISTING CANAL :E ~~ I'lCJ ';;0 I'lo <c II Z ~o co (J) ,.,., Ul -u 0'1 ;;0, -10 Ul;;o -uO )>)> ;;0 ^ ~ "'. l {P~! .. "a.S ~(.;~ ~ PROPERTY UNE ~ \ . , i i , I .1 (f) i! 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