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Resolution 2010-126 RESOLUTION NO. 2010-126 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-PL2009-2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.l OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 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 wishes to have two signs with less than 1,000 feet of separation for on-premises signs, with 603 feet between the two signs; and WHEREAS, without a variance, Petitioner cannot have on-premises signs within 1,000 feet of each other pursuant to LDC Section 5.06.04.F. I; 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 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 these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Thc Board hereby approves a variance from LDC 95.06.04.F.I and approvcs a ground sign to be located as depicted in Exhibit A at a distance of 603 feet, as requested in Petition SV- PL2009-2421, tiled by Jeff Riggins of Riggins Associates, LLC, on bchalf of the Petitioner, T AC Holdings, L.P., concerning the subject property described as 8625 Tamiami Trail North, Naples, Florida, which parcel is located in Section 33, Township 48 South, Range 25 East, Collier County, Florida, as more particularly described as Oakmont Parkway Extension, Parcel One in the Pelican Bay PUD in OR Book 4188, Page 0008, of the Official Public Records of Collier County, Florida, Folio No. 64380000355. SV-PL2009-2421IAmerican Momentum Center Rev. 5/03/10 Page I 01'2 BE IT FURTHER RESOLVED that the text (including content and size) of the sign depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL2009-2421 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this '22 \JL!.Y1C ,2010. day of ATTEST: .. . DWIGHT E, BROc;k, (:LERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: JuuJ.. ~O.(. ';.,.' > ; puty Clerk -ill.. ti~t...... .. l.tIIltu . ...' By: FRED W. COYLE, Chairma :/uL C') (' ~ Approved as to form and legal sufficiency: .L7.uQL Steven T. Williams {J .,0 Assistant County Attorney ':1 ,.1 Attachments: Exhibit A - Site Plan Exhibit B - Conditions of Approval CPII0-CPS-01010117 SV-PL2009-2421IAmerican Momentum Center Rev. 5/03/10 Page 2 of 2 c .2"'" c::: 1Il ..... c: CI Q) ~ E Vi g. ~ ~ .~- ;; c ~ U 01 ~ E 16 ;;; E ~ 'I:: c: I 66~ I ~ Z ciS ~ ::J - t5 ~ o ~t' ..il. Z o 02 '-'l .",.. ~ "-"'-'''-''{ '. ~ " co co cua:: ~':ij'. 1 I ~ ~ r . - . ~ ~ 0 u ~ ~I if '0 ro ~ 2! '" " 0 0 ~ 0 ~ '0 m ~I z '" Iii ~ p i ~ g (3 (;:: (:;; . ~ ~ E i :ll & ~ ~ !!' . ;: . E , . .. " '" '" ~ . . '" ~ ~ f1i y{ ~. I, \,~J .:e ;' '. ill -r r !~ :i-" ~i !l,-" ij ,",. '//., '"'J.~71.~ \~~ ~;~ ~~."io "p."';..,.---' /.~ I ',,,.. , . (' 'I" ~ ~ I :r .. . " '" . " '" " ~ ~ ~ .. i c ~ c . ~ ~ c . u.. lIVlllIWVlw-ii'lnri ~ .SE~ ~ f~ : ~ ::;:;: -~:,""~~ ~.. ,...o,~. . t " 'I ,[ :"" cI, '. I 1 I U}.;" 'I : I ~ / I I ' II ./ I \_.) ~- .;;; - - Co ) . t ~ C":l ;1 (; ~ z ;il ~ . o t ~ ! i 'I' i::Q I; ~" !Q ~ i ~ 2 y: ;! 1 i ~Ii t . . ; C---J LJ.J., ~ I' rl~U=-~ ,).~;:10" i- j .." I I lei 1"11- ~ I' ' I~ I ' \.<,'~ ~ c..." ~t ad, "," C5 ~ ! z;i f 1.1 I r~-~,j. ~ -;) 1 .' l' I .; I ~ I __J ~~r"---' .. ....~.;;.:..;;;;4 T... ' 1..... '" ~~p(n.S<Ol' ..../~, I NOls~~t AY "..C";"C """7,,,,,.f ". i M~m lNOW~YO ;! .- = ",~,',:~~;:::~::;' : I'; ,i~ ~'.;. ?~~ 'Iii ,. I;, " C-" '"l i" ,- I "I" I ... .~-- ~,,; I .~ (~ '-;;'--:~:~;;2~j -. ._"""'~"'-~-""-'!" '1' rn i-= :Z <( .. Z I- :5 lD J: >< a.. w w .... - U) ..~ '--;-)' ';\'t ~. it ~I ~ ; _...p".j ~ ~I ~~i ~ ~'b~r t I r-:Qn ~H _,' I ~~; ," ,f ~o I ' I \: --'1 ~-~ ~ ~V~' "" " I i '~ I ~! I .1 'I , '"1' I '--. CONDITION OF APPROVAL FOR SV-PL2009-2421 I. The additional ground sign is limited to the Oakmont Parkway Extension entrance. EXHIBIT B