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Resolution 2011-113 RESOLUTION NO. 11- 113 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-PL201O-1995, GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE CONCERNING THE NUMBER OF PERMISSIBLE WALL SIGNS AND GRANTING A VARIANCE FROM SECTION 5.06.04.F.4.a CONCERNING THE MAXIMUM SIGN DISPLAY AREA, WHICH SIGNS ARE LOCATED AT 9885 COLLIER BOULEV ARD IN SECTION 3, TOWNSHIP 50 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 of the County, among which is the granting of variances; and WHEREAS, LDC g5.06.04.F.4 permits a retail business with more than 25,000 square feet in tloor area and a front wall length of more than 200 linear feet to have three wall signs; and WHEREAS, Petitioner, Wal-Mart Stores East, LP seeks to have five wall signs to aid shoppers in negotiating their arrival into the store; and WHEREAS, LDC g5.06.04.F.4.a allows a maximum sign display area of 250 square feet; and WHEREAS, Petitioner, Wal-Mart Stores East, LP seeks to have 350 square feet of sign display area; 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: Wal-Mart / SY.PL20JO-1995 3/28/11 101'2 The Board hereby approves a variance from LDC g5.06.04.F.4 and approves a fifth wall sign as depicted in Exhibit A, and approves a variance from LDC g5.06.04.F.4.a to allow 350 square feet in sign display area as requested in Petition SV .PL20 I 0- I 995, filed by Todd Pressman on behalf of the Petitioner, Wal-Mart Stores East, LP, concerning the subject property described as Trail Ridge, according to the Plat thereof, as recorded in Plat Book 44, Page 71 of the public records of Collier County, Florida, which parcel is located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, as more particularly described in OR Book 4094, Page 2735, of the Official Public Records of Collier County, Florida, Folio No. 59712000488. 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- PL20 I 0-1995 be recorded in the minutes of this Board. ) This Resolution adopted after motion. second and majority vote, this \ (jS\c., , 2011. tI-- 2h day of ATTEST: DWIGHT E.13ROCK, CLERK ~\='clR~ k ": ttlSl".to CWlAIIIIW t:lcrk .'''''' ..,. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: ~W. ~ FRED W. COYLE, ChalITn Approved as to form and legal sufficiency: , 4+7L-J)j Steven 1. Williams Assistant County Attorney 'fJ.yI\ Ii Attachment: Exhibit A - Proposed Wall Signage CP\II-CPS-OI078\11 Wal-Mart 1 SY-PL2010-1995 3/28/11 201'2 1 r"~ .~ 8 I z'" . . ., o ij , " . 5 " c ~1lD( "" "'1"";;:; I- ;;I ~ ~ "- '" 0";;; VI ~,..., .~ "'C \ ~ /.," \ ~ ::: t:: 0 ::!; ~ ~ :r. .5 :: . ., ~ , , . ~. I I N .:1 t C/O I I i , ~~ 1 I I~ i1SI ~ I I I I ~I 1'/,,1 ~1.~1 ,il [~ :F: cd ~ "~~ ~! il ..1. >, d"-II 01 ' ~~ : :5~.f I r ~~i I ~~ .;'----< .i-.6l EXHIBIT A c o '- ....... ro > Q) w Q) 0) ro c 0) Cf) ~ Ul >- z