HEX Final Decision 2022-53HEX NO. 2022-53
HEARING EXAMINER DECISION
DATE OF HEARING.
November 10, 2022
PETITION.
Petition No. SV-PL20220002991 — 8477 Bay Colony Drive - Request for a variance from
Land Development Code Section 5.06.02 B.6.b which allows two on -premises ground or wall
signs not to exceed a combined area of 64 square feet in residential districts, to instead allow
a total combined area of 75.61 square feet for two on premises ground or wall signs; and a
second variance from Section 5.06.02.B.6 which provides residential on -premises signs may
be located at each entrance, to instead allow a second on -premises sign approximately 250
feet from the entrance to the condominium development located at 8477 Bay Colony Drive,
Naples, FL 34108 in Section 32, Township 48 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
This is a request for a proposed welcome sign, larger than 64 square feet in combined area on the
building of the Windsor Condominium under their porte cochere to be visible to the arrival of
residents and guests upon pick-up and drop-off. The existing primary sign at the entrance at the
end of the drive will remain in its current condition. The sign at the entrance is approximately 250
feet and 10 inches from the location of the proposed sign under the porte cochere and is 3.61 square
feet in area. The variance request is due to the proposed sign not being located at the entrance to
the property but instead being located 250 feet and 10 inches away from the entrance and under
the porte cochere. Also, the proposed sign is a total of 72 square feet and when combined with the
entrance sign, both signs are at a combined area of 75.61 square feet which exceeds the 64 square
feet combined limit.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
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3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
6. The County's Land Development Sections 5.06.02.B.6 and 5.06.08.B.1 lists the criteria for
sign variances. The Hearing Examiner having the same authority as the Board of Zoning
Appeals may grant, deny or modify any request for a variance from the regulations or
restrictions of the Collier County Land Development Code.1
Are there special conditions and circumstances existing, which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures, or
buildings in the same district?
The record evidence and testimony from the public hearing reflects that the main entrance
to the main lobby level of this high -end condominium is above street level, therefore, the
sign is not visible from the street. The proposed sign will be located under the building
structure in the porte cochere and, since it is not on the face of the building, it is not visible
to other adjacent buildings. The design for the proposed sign is to be seen by homeowners
and guests when they enter the lobby upon arrival or are dropped off.
2. Will the literal interpretation of the provisions of the sign code deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district and would cause
unnecessary and undue hardship on the applicant? If a literal interpretation of the LDC is
applied, then the LDC Sec. 5.06.02 B.6.a-d will be utilized.
a) Such signs shall maintain a 10-foot setback from any property line unless placed on a
fence or wall subject to the restrictions set forth in section 5.03.02 "Fences and Walls."
Furthermore, bridge signs located on private bridges directly leading to private
communities shall not be considered off -premises signs. Bridge signs complying with
the requirements of section 5.06.02 may be substituted for ground or wall signs in
residential districts.
The record evidence and testimony from the public hearing reflects that this is not
applicable to Petitioner's request.
b) The ground or wall signs shall not exceed a combined area of 64 square feet and shall
not exceed the height or length of the wall or gate upon which it is located.
'The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that the variance
request is because the proposed sign combined area with the existing sign area exceeds
the maximum allowed 64 square feet.
c) Architectural embellishments less than 10 square feet in area shall not be considered
signs and shall be allowed throughout the development. However, should such
architectural embellishments be located closer than 10 feet to any sign, then the
architectural embellishment shall be counted toward the permitted sign area of such
sign.
The record evidence and testimony from the public hearing reflects that within 10 feet
of the proposed sign, there are no architectural embellishments.
d) Official Address Numbers or range of Official Address Numbers shall be displayed in
numerals at least 6 inches high on the upper 50 percent of the sign face and located
such that it shall not be covered by landscaping or other appurtenances. Where signs
are erected on streets that do not match the Official Address Number of the building,
no address numbers shall be posted on the sign.
The record evidence and testimony from the public hearing reflects that the sign does
not have proposed address numbers to be displayed.
3. Are there special conditions and circumstances which are peculiar to the land, structure, or
building do not result from the actions of the applicant?
The record evidence and testimony from the public hearing reflects that the porte cochere
located underneath the building was included in the original construction of the
condominium. The sign feature is not on the fagade of the building since this is proposed
to be located on a wall underneath the primary building structure. This is not intended to
attract attention from the street to the building, however, it is intended for the homeowners
and guests to see upon their arrival to the lobby.
4. Will granting the variance requested confer on the applicant any special privilege that is
denied by this sign code to other lands, structures, or buildings in the same zoning district?
The record evidence and testimony from the public hearing reflects that the proposed sign
will not attract or detract from any neighboring buildings of similar use. The location of
the sign does not grant the owner any special privilege or attention to its building or
location since it is not visible from the street.
5. Will granting the Variance provide the minimum relief that will make possible the
reasonable use of the land, building, or structure?
The record evidence and testimony from the public hearing reflects that the use of the
building is not negatively impacted by the location and size of the sign. Its location inside
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the porte cochere and only can be visible within the driveway entrance verifies a minimum
relief to the building.
6. Will granting the Variance be consistent with the general intent and purpose of the Collier
County Sign Code and the Growth Management Plan (GMP) and will not be injurious to
adjacent properties or otherwise detrimental to the public welfare?
The record evidence and testimony from the public hearing reflects that the location of the
proposed sign is not injurious to adjacent properties or otherwise is not detrimental to the
public welfare. The general intent and purpose of the proposed sign are to welcome
homeowners who are proud of their residence and to welcome any guests upon arrival and
drop-offThis sign will not attract visitors from the street to their private condominium
since it is not for commercial use with customers. Where the sign will be positioned, facing
east from the building, will not have any major impact on sea turtles since it won't face
west towards the beach and the Gulf of Mexico. The building, and the port cochere, will
help shield this sign from having any impacts. The request for the second sign, located
away from the other entrance sign at the property's entrance, as well as exceeding the
combined area, meets the intent of the LDC.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.06.08.B.1
and 5.06.02.B.6 of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. SV-PL20220002991, filed by Rob
Herscoe of Herscoe Hajjar Architects, representing David Knuepfer, with respect to the property
described as 8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Range
25 East, Collier County, Florida, for the following:
• A variance which allows two on -premises ground or wall signs not to exceed a combined
area of 64 square feet in residential districts, to instead allow a total combined area of 75.61
square feet for two on -premises ground or wall signs; and a second variance which provides
residential on -premises signs may be located at each entrance, to instead allow a second
on -premises sign approximately 250 feet from the entrance to the condominium
development.
Said changes are fully described in the Proposed Sign Variance and Site Plans attached as Exhibit
"A" and the Sign Variance Survey attached as Exhibit "B" and are subject to the condition(s) set
forth below.
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ATTACHMENTS.
Exhibit A — Proposed Sign Variance and Site Plan
Exhibit B — Sign Variance Survey
LEGAL DESCRIPTION.
8477 Bay Colony Drive, Naples, FL 34108 in Section 32, Township 48 South, Range 25 East,
Collier County, Florida
CONDITIONS.
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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 THE ZONING MAP FOR INFORMATIONAL PURPOSES.
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
• - r • • - Aimee Crowe Client Herscoe HajjorArchitects E-Mail ACroweghharch.com • = ' i
APPROVED BY: Matt Sprung 11.02.2021 JObsite The Windsor, 8477 Bay Colony Drive, Naples, Florida 34108 PAGE # 1
i9 2021 Lykins-Signtek Inc. (LS). This design Is the sole property of LS and may not be used or reproduced whole or In part by any other parry without written permission by LS. In case of differences between this design and the description on the estlmate. this drslgn shall prevaY.
It is the responsibility of the client to verify this design for accuracy of product, materials, spelling & punctuation, colors, sizes. and position. Approval by the client releases LS from any liability regarding these matters. PLEASE REVIEW THIS DESIGN PROOF CAREFULLY.
TOTAL ARC LENGTH
144" W f
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8.5" H
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26.5" H 13" H
72.0 TOTAL sf
TOTACARC LEUG-TH
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ILLUMINATED WALL SIGN
THE = 1.5 SF
W=6.2SF
INDSOR = 6.7 SF
TOTAL = 14.4 SF
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SINGLE SIDED WALL SIGN -
.090" ALUMINUM FACE ROUTED OUT
WITH PUSH-THRU COPY TO BE
INTERNALLY ILLUMINATED
FACE LIT AND REVERSE LIT
FLOAT MOUNTED OFF CURVED WALL
LIGHTING TO BE PROVIDED USING WHITE LED'S
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auS ek SALES REP: MATT SPRUNG ORDERED: 04.13.2021
DRAWING DATE: 04.15.2021 ail
2 3 9 - 5 9 4 - 8 4 9 4 Initial design plus up to 2 revisions are included in our estimates; additic
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Revision Notes:
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1 all welded 0.090" aluminum face
2 sign back to be 3/16" thick Clear Acrylic
3 extruded sign frame w/ 1 Y:" retainer
4 illumination to be provided by LEDs.
5 1'A" x 1/8" aluminum angle retainer
6 114' threaded rod - with spacers
7 power supply
8 luncbon box by owner
9 disconnect switch
10 primary power source
11 1/2" clear acrylic
12 stainless steel screws (3' from top & bottom 16' apart)
13 weep hole
• AN moterule wW haterars meet 3004A
• AN elearkei wmponords am UL keeled, labeled and approved
• signs 0munded ecoordap to NEC 600 7
• Bgna humilacbaed per NEC 600.3 and marked per NEC 600.4
• N brarach cmdb per NEC 600.5(8).1 or (B)2
LAN signs controlled by photocellor ems dock per FBC 13415 (ABC, 1.4
• On" 20 amp disconnect per sgn per Bran per, NEC 600.6(A)1
• pleco• ned swbdi to be whin sight of the sign or lockable.
❑ Deliver ❑ Pick -Up Price:
❑ Shipping ■ Installation $
Color disclaimer: colors viewed on a screen or
printed document will vary. Finished product colors
may also vary slightly from specification due to
materials and production processes
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instalbd In compliance with NEC Article
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EXHIBIT "B"
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