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Resolution 2009-075 RESOLUTION NO. 09- 7 5 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13618, GRANTING THREE VARIANCES FROM SECTION 5.06.04.C OF THE LAND DEVELOPMENT CODE, CONCERNING A SECOND WALL SIGN FOR SPRING HILL SUITES AND A SHARED DIRECTIONAL SIGN FOR SPRING HILL SUITES AND FAIRFIELD INN, WHICH SIGNS ARE LOCATED AT 3798 WHITE LAKE BOULEVARD, LOT 16, CITY GATE COMMERCE CENTER, PHASE ONE, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, 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 (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions ofthe County, among which is the granting of variances; and WHEREAS, CHM Naples Hotel Partners, LLC (Petitioner) is constructing a Spring Hill Suites hotel in close proximity to 1-75; and WHEREAS, Petitioner requests to be allowed to install a second wall sign on the south side elevation of its building which faces 1-75; and WHEREAS, the adjacent property to the north is owned by CHM Naples II Hotel Partners, LLC, upon whose property a Fairfield Inn hotel is to be constructed; and WHEREAS, Petitioner requests to construct a 12 foot high monument sign to be located at the street entrance to its property, and to allow the neighboring business, Fairfield Inn, to share the same sign, which would result in the sign being on-premises as to Spring Hill Suites and off-premises as to Fairfield Inn; and REV. 2/5/09 Page I --"'."_'___"__~_"'_' ""-__m 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 public meeting assembled, and the Board having considered the advisability of granting three sign variances as follows: I. A variance from Subsection 5.06.04.C.4. of the LDC which requires that one wall sign shall be permitted for each single-occupancy parcel, to allow two wall signs, and 2. A variance from Subsection 5.06.04.C.16.b.i. of the LDC which allows a maximum sign area of 12 square feet for an off-premise directional sign, to allow a 35.5 square-foot shared sign which shall be off-premise as to Fairfield Inn and on-premise as to Spring Hill Suites, and 3. A variance from Subsection 5.06.04.C.16.b.ii. of the LDC which allows a maximum sign height of 8 feet in height above the lowest center grade of the arterial roadway for an off-premise directional sign, to allow a maximum sign height of 12 feet for a shared sign which shall be off-premise as to Fairfield Inn and on-premise as to Spring Hill Suites, as shown on the sign drawings attached as Exhibit "A" and incorporated herein by reference, in the City Gate Commerce Park Planned Unit Development for the property described herein; 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. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approves the afore-described REV. 2/5/09 Page 2 variances from the LDC to allow the construction of a second wall sign and a shared directional hotel sign as depicted in Exhibit A, as requested in Petition SV-2008-AR-I3618, filed by the Petitioner, CHM Naples Hotel Partners, LLC, d/b/a Spring Hill Suites, concerning the subject property described as: Lot 16 as described in the Plat of City Gate Commerce Center, Phase One, as recorded in Plat Book 41, Page 6 and 7, of the Public Records of Collier County, Florida, which parcel is located at 3798 White Lake Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-I3618 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this ~ day of 1lJa:.rCK\ ,2009. ';(11 . ATTEST;, 1" ',,' ".11 -, '.:'"f DWI~?T E. BROc;K;'~LERK ,;. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA / By: r: ' Attest ..,$0 .Qt' signat... oiItIHIi)' By: Approved as to form and legal sufficiency: c> eidi Ashton-Cicko Assistant County Attorney C 0(~O'\ .\' 08-CPS-00883/18 REV. 2/5/09 Page 3 I~-; I ~ I ~ " LU ('J ;=: o o "- LU a: <( ::J o Ul o LU ~ OJ ! !~ z o >= Q. o z o !~ ! LU , ..J LU I f- ::J o Ul I II 1; ( I ! . t Ii fl :{ l' :! I iff ---------_._--_._.._-_.._-_._-------_.._-------~-- tJ) w I- - :J V')_ .....- .....2 -'- ~ ~:r: :; ~'~~ Z - ~ Q.. ,~ 9 o " > l' ~!ii 0 ~~ ~ ~~ ~ ~tij ~ @ll!o! 5~- ~~ ..~ j!N ..... ~~fi~ I~ ~~ .g ~ ~ ~~ fIi~;j "8 A: ~~ Jj~ ;ff ~ at' J' ! ~x .' '-.E" w . : ~I - :I.s II j - .1 I fi Ci I~ d '" ~ . . @I fl "- it 0 H ~ x .' i--- fj ..J J! 0 ~~ 0 ~f (") , =-=- ..J 0 ;;. ;,. i~ (") , ..J :l. 0 . ro ~ '" 'f ~ .. (") . 0 E '" .. CD ~ '" ,,0 z " . .. c Ii: Ul LU f- 5 ..J Ul "- ..J cJi ..J LU I ..J Q. 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