Resolution 2009-093
RESOLUTION NO. 09 - ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13665, GRANTING A VARIANCE
FROM SECTION 5.06.04.C.16.b.i. OF THE LAND
DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN
AREA, WHICH SIGN IS LOCATED AT PORT OF THE
ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL
(U.S. 41) AND NEWPORT ORNE IN SECTION 9, TOWNSHIP
52 SOUTH, RANGE 28 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 of the County, among which is the granting of variances; and
WHEREAS, Petitioner, Port of the Islands Community improvement District, seeks to
alter the signage on the property to have a larger sign; and
WHEREAS, Petitioner wishes to have a sign with an area of 64 square feet located about
its property; and
WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area
greater than 12 feet; and
WHEREAS, the County has requested that Petitioner place language upon the off-
premise sign to notify the public of the location of a public boat ramp and Petitioner has agreed
to comply with such request; and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting this variance; and
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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; and
WHEREAS, all interested parties have been given 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 Board hereby approve a variance from LDC
Section 5.06.04.C.l6.b.i, to allow a sign with an area of 64 square feet, as shown in attached
Exhibit "A", the text, including content, font and size, of which is not limited by the instant
variance, with the noted exception that the sign shall have a reference to the public boat ramp, as
tiled by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands
Community Improvement District, concerning the subject property located in the Port of the
Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9,
Township 52 South, Range 28 East, Collier County, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-13665 be recorded in the minutes of this Board. 'lh
This Resolution adopted after motion, second and majority vote this if day of
fr(M \
,2009.
ATTEST: .... "J,
DWIGHlE.BRGlC~, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY FLORIDA
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By:
Page 2 of3
Approved as to form
and legal sufficiency:
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Steven T. Williams
Assistant County Attorney
Exhibit "A": Sign Depiction
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