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Resolution 2009-094 RESOLUTION NO. 09-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13960, 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 IN THE MEDIAN OF CAY'S DRIVE (SOUTH OF U.S. 41) 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 up to 18 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 Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; 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; and Page 1 of2 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.16.b.i, to allow a sign with an area up to 18 square feet, as shown in attached Exhibit "A", the text, including content, font and size, of which is not limited by the instant variance, as filed 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 in the median of Cay's Drive, just South of U.S. 41 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-13960 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this l1. day of ~,2009. l':: BOARD OF COUNTY COMMISSIONERS COLLIER C TY FLORIDA d~~ ATTEST: DWIGHT E. BROCK, Clerk By: By: At~.. ' .t~o.n.\'~ Approved as to form and legal sufficiency: J:k- 7. w'tL Steven T. Williams Assistant County Attorney Exhibit "A": Sign Depiction Page 2 of2 N . o Z t- - CO - J: X W I I . Z I. I I \ I I I I I ! i I / /J , ') ~ ) / -T- / 1 : / ". ------,----- , , , ., D., ", Vi , ...' -, , , , , --------r--......" I I" I : <- D Z ::> o m f-- Ul ~ ..--.... ~ "<t . Vl . ::J '--' \ \ \ \ \ \ \ \ \ \ \ \ I \ \ \ \ \ 1 i \ \ ! I \ \ I I \ I \ D Z ::> 0 m f-- Ul <( w I I \ ! i \ ! ~ u <( CD f-- W " "0 .... to o o N "1" t) ~ "Ot') If ~ : :::> ~ ...., o '0 N W f- .... Cl ~, ~ . u 0 . <( l- am r--- ~~ .... t:i ---'.+ -.-- 3^I~a s). V:> Vl 1_ _ N~-~ IBIT A Page 1 of 1 EXH 1I i () ." ~ f.~.. i ..~.... $2'1)! \'~"'O ~ r;p '. .... f;l ~.~., ,~,~; '-, ...., : "'\ \ '[ I \ o O'l . 0:: Vl ~ u . <( om "I/'f- w VI /'_.. / I I / ! , ( I I I I ,I;" \ I I I ::-1 ... \ I on I ~ 1 g \ I .: on \ ,. I ~ I I I ?I I ~I , \ i i< :r ~ I I 6 on ,