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HEX Final Decision 2017-29 HEX NO. 2017—29 HEARING EXAMINER DECISION PETITION NO. SV-PL20170001467 — Equity Piper Naples, LLC requests a sign variance from LDC Section 5.06.04.F.1 to allow a sign separation of 240 feet between two pole or ground signs instead of 1000 feet on a single parcel. The subject property is located at the corner of Piper Boulevard and Cypress Way East in Section 23, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: October 12, 2017 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08 B of the Land Development Code has been met and the petition should be approved. ANALYSIS: No objections have been received for this application and no members of the public, other than those associated with the Applicant, attended the hearing. The two parcels are not platted; instead the parcel improvements will each be located on a single parcel within a land condominium. If the buildings were each to be located on their own platted lots of record, then two signs would have been permitted by the Land Development Code. DECISION: Petition SV-PL20170001467, filed by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., representing Equity Piper Naples, LLC, with respect to the property hereinafter described, is hereby approved for a variance from Section 5.06.04.F.1 of the Land Development Code to allow a sign separation of 240 feet between two pole or ground signs instead of 1000 feet on a single parcel, in accordance with the Proposed Site Plan attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Site Plan LEGAL DESCRIPTION: Unit 2 of Piper Blvd. Land Condominium, a commercial land condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 5009, Page 2390, of the Public Records of Collier County, Florida, and all amendments thereto, together with its undivided share in the common elements. [17-CPS-01671/1363319/1]52 1 of2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. DISCLAIMER: Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON T E ZONING MAP FOR INFORMATIONAL PURPOSES. 1 b LC2 Date Mar Strain, Hearing Examiner Approved as to form and legality: Heidi F. shton-Cicko Managing Assistant County Attorney [17-CPS-01671/1363319/1]52 2 of2 11 iib __ — 1 — ...-- ...„..---——-, 1 `,.. / — \ �� -- \ m II kip j L_ _Jm LN i -< _1 I •" I ° Ill I I \ m I I I z I II Io I I I I I I ' 1 J % z I III r I ` I 1 I I I I p®� _—� r I m , Z o 8 i 9OzIJ m I I F• I o� � 1 L� , I ISI O w K° I I I I -0 I _v a I L_, o II I ` rI I D I. Iz • I„ m J r too • I,1c rteI 1 ITTim i q6i A V _ � � � miI � SSi m -I 1 $ s r.1 I I g ,%NS, I i I I. I CO •;1 j it m I;I I �1 4 1 _ ' I I I I 'i— t': d_-- 4 II I II 1j I I i __i__1--i) II I I, a s II I Vii � '\ \ \ \ \ \ \ ® °� --- — 1 U ( i I] � _) I I =7 v [-1 I ' 11 11 Fl_ e t iiIj 1kEl �\'' I 11 °W v. Z I ,•1 j • 1� i , �= iR j L h N � � 5o I gI . irTZpN b l I f I — KZ 1:3 o � cm ''1"f D 1 a tti I 1''I g o it c Ton I x I I I p-q z z D , oI • li oA o o I zA I) �' Z D I I 1 I i ^ I ' I I _ IL 1 'i L_ 0AI 0 I 4. �_ _ _ t, c' �i L fj C L -- 1--- C--. II — — — CYPRESS WAY EAST(PUBLIC) — o — — — — B n *72 J • m -4 - J F ol —z Vi 01 Exhibit "A" - 9 q$ w fin,.. ¢\[xcw[exwc\vxw-cxc44u4m\oiows\Evxrens\anm°-zcx a/iz/zeii U2.M