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HEX Final Decision #2025-46HEX NO. 2025-46 HEARING EXAMINER DECISION DATE OF HEARING. November 13, 2025 PETITION. Petition No. SV-PL20250003605 - 5351 Airport Road North -Request for a sign variance from Land Development Code (LDC) Section 5.06.04.F.4.a. to increase the display area for an on -premise wall sign for a unit within a multiple -occupancy parcel from 20 percent of the square footage of the visual facade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for Sprouts Farmers Market located in Ridgeport Plaza at 5351 Airport Road North in Section 11, Township 49 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. This is a request for a Sign Variance from Land Development Code (LDC) Section 5.06.04.F.4.a to increase the display area for an on -premise wall sign for a unit within a multiple -occupancy parcel from 20 percent of the square footage of the visual fagade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for the Sprouts Farmers Market at the subject location, resulting in a 43.7 square foot variance. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the Collier County Code 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. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The public hearing was conducted in the following manner: 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 for this item. Page 1 of 5 5. The County's Land Development Sections 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 using the following standard:' 1. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same district. The record evidence and testimony from the public hearing reflect that the applicant's agent stated, "Special conditions and circumstances exist with the land, structure, and building. The unusual floorplan, large building front, building setback, and surrounding trees create a hardship that is unique and not suffered by those in the same district. " County staff agreed that the subject property is an older development, which creates some unique hardships, being that the netiv use is being fit into an already existing environment for which no external modifications are being made. 2. That literal interpretation of the sign code's provisions would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. It would cause unnecessary and undue hardship on the applicant. The record evidence and testimony fi°om the public hearing reflect that the applicant's agent stated, "The literal interpretation of the sign code, denying signage based upon one square feet of leased space, deprives the applicant of rights enjoyed by other• properties in the same zoning district. " County staff did not agree that others in the same situation would not face the same consequences; holi)ever, agreed that the one square foot that is lacking is de minirnus and agreed that the literal interpretation of the code in this case does cause undue hardship upon the applicant. 3. That the 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 reflect that the applicant's agent stated, "Relief is sought in advance of action crud is not the r esult of an illegal action of the applicant. " County) staff further noted that the existing shopping center was frilly developed prior to occupation by the applicant. The applicant is the lessee of the subject property and leased an existing building. Both the building and the development were constructed before the applicant leased the building; therefore, the site's peculiarities are not the result of actions taken by the applicant. 4. That granting the variance requested will not 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. 1 The Hearing Examiner's findings are italicized. Page 2 of 5 The record evidence and testimony from the public hearing reflect that a Sign Variance, by definition, confers some dimensional relief from the zoning regulations specific to a site. LDC Section 5.06.08 allows others relief through the same Sign Variance process that has been undertaken by the applicant. Each Sign Variance project is reviewed individually based on its own merits. County staff believe the applicant has justified their° need to engage in the Sign Variance process. 5. The variance granted is 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 reflect that the applicant's agent stated, "The applicant has heeded the advice of Collier County Planning staff to revise their request to make it the minimum sign necessaryfor reasonable use of the building. " County staff noted that the applicant has minimized the requested sign area after consulting with staff. 6. That the granting of the variance will be consistent with the general intent and purpose of the Collier County Sign Code and the Growth Management Plan and will not be injurious to adjacent properties or otherwise detrimental to the public welfare. The record evidence and testimony fi°om the public hearing reflect that Section 5.06.OLA. of the LDC states that the purpose and intent of the sign code is to provide minimum control of signs necessary to promote the health, safety, and general welfare of the citizens of Collier County, Florida, by: 1. Lessening hazards to pedestr°ians and vehicular tr°aff c; 2. Preserving property values; 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the coumy and lead to economic decline and blight; 4. Preventing signs from reaching such excessive size and numbers that they obscure one another to the detriment of the county; S Assuring good and attractive design that will strengthen the county>'s appearance and economic base; and 6. Preserving the right of free speech and expression in the display of signs. County staff find that the subject Variance request scrtisfi.es established criteria and is consistent with the general intent crud purpose of the LDC and GMP. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The record evidence and testimony from the public hearing reflect that the subject propert�� is located in the Urban Mixed -Use District/Urban Residential Subdistrict and the Activity Center• Mixed Use District/Activity Center Subdistrict as identified on the Future Land Use Map (FLUAIJ) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but focuses on the larger issue of the actual use. Page 3 of 5 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 of the Land Development Code to approve the sign variance Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. SV-PL20250003605, bled by Lance Oij, of LRO LLC dba Sign Permits Plus, representing the applicant/owner Ridgeport Limited Partnership, with respect to the property described as located at 5351 Airport Road North, in the Ridgeport Plaza, in Section 11, Township 49 South, Range 25 East, Collier County, Florida, for the following: • A Sign Variance from Land Development Code (LDC) Section 5.06.04.F.4.a to increase the display area for an on -premise wall sign for a unit within a multiple -occupancy parcel from 20 percent of the square footage of the visual facade not to exceed 150 square feet for buildings or units up to 24,999 square feet to instead allow a 193.7 square foot wall sign for the Sprouts Farmers Market at the subject location, resulting in a 43.7 square foot variance. Said changes are fully described in the Site and Sign Plans attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Site and Sign Plans LEGAL DESCRIPTION. The subject property is located at 5351 Airport Road North, in the Ridgeport Plaza, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. CONDITIONS. • All other applicable state or federal permits must be obtained. 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 fiom 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. Page 4 of 5 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. 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