Resolution 2008-217
RESOLUTION NO. 08-E2....
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13059, FOR TWO SIGN VARIANCES TO
CONSTRUCT AN ENTRY MONUMENT/GROUND SIGN FOR
EDISON COLLEGE PURUSANT TO SUBSECTION 5.06.04 OF
THE LAND DEVELOPMENT CODE, FOR PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF GRAND LELY
DRIVE AND RATTLESNAKE HAMMOCK ROAD (CR 864),
LOCATED IN SECTION 21, 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 ofthe County, among which is the granting of variances, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of granting two sign variances as follows:
1. A variance of 42 square feet from the requirements of Section 5.06.04.16.b.i. of the
LDC to exceed the maximum 12 foot square area requirement to allow an off-premise
directional sign that is a total of 54 square feet for both sides, as shown on the attached Exhibit
"A", and
2. A variance of I 00 feet from the requirements of Section 5.06.04.16.b.v ofthe LDC to
exceed the maximum 1,000 foot distance separation for an off-premise sign to permit a sign that
is 1,100 feet away from the Edison Campus use, as shown on the plot plan attached as Exhibit
"B" and incorporated herein by reference, in the Lely Resort PUD Zoning District for the
property herein described; and
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SY.2008.AR.13059IMMSS 6.9.08
WHEREAS, the Board, however, has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said regulations
and in accordance with Subsection 9.04.03 of the Zoning Regulations of said Land Development
Code for the unincorporated area of Collier County, 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:
Petition SV-2008-13059 filed by Chris Mitchell of Waldrop Engineering, representing
Stock Development, LLC, with respect to the subject property hereinafter described as:
See Exhibit "C" attached hereto and incorporated by reference herein
be hereby granted for the following variances subject to the conditions set forth in Exhibit "D"
attached hereto and incorporated by reference herein:
1. A variance of42 square feet from the requirements of Section 5.06.04.16.b.i. of the
LDC to exceed the maximum 12 foot square area requirement to allow an off-premise
directional sign that is a total of 54 square feet for both sides, as shown on the attached Exhibit
"A", and
2. A variance of 100 feet from the requirements of Section 5.06.04.16.b.v of the LDC to
exceed the maximum 1,000 foot distance separation for an off-premise sign to permit a sign that
is 1,100 feet away from the Edison Campus use, as shown on the plot plan attached as Exhibit
"B" and incorporated herein by reference, in the Lely Resort PUD Zoning District for the
property herein described; and
BE IT RESOLVED that this Resolution relating to Petition Number SV-2008-AR-1305
be recorded in the minutes of this Board.
SV.2008.AR.13059/MMSS 6.9.Q8
20f3
This Resolution adopted after motion, second and majority vote on this 22- day of
,2008.
ATTESl': .
nw'IcmTE. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
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U,-;~t'.est '.....'...: .J)eD~Clerk
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s j9ri~eu':e on].
By:
Approved as to form
and legal sufficiency:
00'l rl .' J ;m. ~U.t:- -/2tui~
Marjot;: Studen(Stirling ()
Assistant County Attorney
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SV.2008.AR.13059IMMSS 6.9.08
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RHOD.l!B ttRHOD.l!B LAND SURVEYING, mG
IH1J~HlJLU)BLYD. #1 NAPL1!B, Jl'UJRllM lK110
PHONlJJ(MII) 6lJ!J.omJ F~ (U/}6lJ!J.0681
LEGAL DESCRIPTION
A PORTION OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT NORTHWESTERLY MOST CORNER OF TRACT "A", LEL Y RESORT PHASE
TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43
THROUGH 45 (INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 04003'03" WEST, A DISTANCE OF 100.50 FEET TO A POINT OF CUSP,
THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF TRACT "A" (GRAND LELY
DRIVE), GRAND LEL Y DRIVE AND LEL Y CULTURAL P ARKW A Y, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 45 AT PAGES 3 AND 4 (INCLUSIVE) OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FOR THE FOLLOWING FIVE (5) CALLS,
(I)THENCE NORTHWESTERLY, 376.99 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1,080.00 FEET, THROUGH A
CENTRAL ANGLE OF 20000'00" AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 05056'57" WEST, 375.08 FEET TO A POINT OF TANGENCY; (2)THENCE NORTH
15056'57" WEST, A DISTANCE OF 208.76 FEET TO A POINT OF CURVATURE; (3)THENCE
NORTHWESTERLY, 269.23 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 920.00 FEET, THROUGH A CENTRAL ANGLE OF
16046'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 07033'57" WEST,
268.27 FEET TO A POINT OF TANGENCY; (4)THENCE NORTH 00049'04" EAST A DISTANCE
OF 454.03 FEET TO A POINT OF CURVATURE; (5)THENCE NORTHEASTERLY, 39.24 FEET
ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERL Y, HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89036'51" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 45047'19" EAST, 35.34 FEET TO A POINT
OF INTERSECTION WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF
RATTLESNAKE HAMMOCK (COUNTY ROAD 864); THENCE SOUTH 89014'25" EAST, ALONG
THE SAID LINE OF RATTLESNAKE HAMMOCK, A DISTANCE OF 192.95 FEET, TO A POINT
OF INTERSECTION WITH THE EASTERLY SECTION LINE OF SECTION 21, TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE SOUTH 04003'03" WEST, ALONG SAID SECTION LINE, A
DISTANCE OF 1,218.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 171,249 SQUARE FEET OR 3.93 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE EAST LINE OF TRACT "A", GRAND LELY DRIVE AND
LELY CULTURAL PARKWAY, AS RECORDED IN PLAT BOOK 45, AT PAGES 3 AND 4, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORDIA, AS BEING N 00049'04" E.
EXHIBIT
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C:\Documents and Settings\student_ m\LocaI Settings\Temporary Internet Files\OLKI54\2008-82 (2).doc
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CONDITIONS OF APPROVAL
Edison College Sign Variance
SV-2008-AR-13059
The 42 square foot variance from the maximum 12 square foot sign area as required in
Section 5.06.04.16.b.i of the LDC to allow a 54 square foot sign area; and 100 foot
variance from the maximum 1,000 foot distance as required in 5.06.04.l6.b.v of the LDC
to allow a distance of 1,100 foot maximum distance from the building, structure, and/or
use being served shall be limited as depicted in the record survey with a revised date of
May 5, 2008.
The two variances referenced above shall be subject to the following stipulation:
The two variances shall be limited as depicted on Exhibits "A" and "B" attached
hereto. Any changes shall require a new variance.
EXHIBIT
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