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Resolution 2008-350 RESOLUTION NO. 08 _ 350 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13374, GRANTING THREE VARIANCES FROM SECTION 5.06.04.C.1. OF THE LAND DEVELOPMENT CODE, CONCERNING THE DISTANCE BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475 SEAGATE DRIVE, IN SECTION 9, TOWNSHIP 49 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 ofthe County, among which is the granting of variances; and WHEREAS, Petitioner now owns and operates the property formerly known as the Registry Resort Hotel, located at 475 Seagate Drive, Naples, Florida and seeks to alter the signage on the property to conform to the new identity ofthe Resort; and WHEREAS, Petitioner wishes to have signs with separations of 65 10 feet, 65.8510 feet and 40.17 10 feet located about its property; and WHEREAS, without a variance, Petitioner cannot locate signs within 1,000 lineal feet of one another, as LDC Section 5.06.04.C.! requires a minimum separation of 1,000 lineal feet between signs; and WHEREAS, Petitioner wishes to have a maximum of three signs placed along a street frontage; and Page! of3 WHEREAS, without a variance, Petitioner can have no more than one sign per street frontage pursuant to LDC Section 5.06.04.C.l. WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; 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, 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 three variances from LDC Section 5.06.04.C.1., all of which concern distance between signs as requested in Petition SV- 2008-AR-13374, filed by Hunter Hansen, on behalf of the Petitioner, Lehill Partners, L.P. d/b/a Naples Grande Beach Resort, subject to the signs being erected in the fashion and at the distances contained in Exhibit "B", the site plan concerning the subject property described as 475 Seagate Drive, Naples, Collier County, Florida, as more particularly described in OR Book 1225, Page 714, (Legal Description attached as Exhibit "A") of the Official Public Records of Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13374 be recorded in the minutes of this Board. 1~ This Resolution adopted after motion, second and majority vote this ~ day of /}~~ ,2008. - Page 2 of3 ATTEST: DWIfJf:tT'Jt.'gWCK, Clerk .:-'''- . . ~,: '.', BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA B test ~~.~'C~II'llQi".ty Clerk · "".iurt OIII~'" >, # ,:'~;~r :1 [;;; ',J-J Approved as to form and legal sufficiency: . ..1 :~~7.G_IJL~ Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description Exhibit B: Site Plan CPI08-CPS-00881114 Page 3 on J Exhibit A II:;";;~I ,-".,..-'\-,. -~ HOLE. MONTES AND ASSOC.. INC. rebruary 8, 1985 CONSUL TlNG IN(ilNI:(:I15 . lAND sunvEvlms DQ~criptio" or part or Parcol MDM of Pelican BaV Unit Ona, Plat Dook 12. P.qO& 41 throuqh 52, Collier County, Florida. !!2!~~_!!!! AJJ t.hat part or Parcel "0" or Pelican Bay Unit One accordln9 to the plat thereof as recorded in Plat Dook 12. Pages 41 through 52. Collier County Public Records, Collier County, Florida and being more particularly described 4S lollowsr Co~mencin9 at the southwe.t corner of the southeast 1/4 oC Section 9, To~nship 49 South, Ranqe 25 East, Collier County, Florida, thence alonq the south line ot said Section 9, South 89-30'59" West 158.25 feet "to the POINT or 8ECINNINC of the parcel herein described, thence continue alon9 the south line at said Section 9, said line also bein9 the south Jine of Parcel "0" of said Pelican Bay Unit One, South 89-]0'59" Weat 488.00 teet, thence North 0.29'01" West 50.00 feet, thence North 46-47']4" West 123.05 feet, thence South 89-30'59. Hest 212.00 feet, thence North 7.-50'41" Hest 101.04 feet, thence North 15.09'19" East 170.00 feet, thence North 0-26'26" East 246.15 feet. thence North 15-31"21" Hest 51.44 feet. thence North'.,4-2B'39" East 856.61 feet ta .the ~esterly riqht-of-vay line of Crayton Road a. shown on the said Plat of Pelican nay Unit One, thence along said right-at-way line the following tour (4) described eours th 21-4)'05" East 255." feet, (2) southeasterly 425.70 tt. r#f1''''"I"~ of a. circular curve con~ave to the south~e.t he ~9\.1I,\ .'-6~,. 0 feet, and beinq . subtended by a chord whie ,\,P!:.... ut.h 11-0 ~ 423.:27 feet, ()) South 0"30'31". East 10.1 (4) southerly a adIU ....es.t~rly 19.56 feet alon9 the arc of c lar curve concave to ~ n rth....est. having 4 radius of 50.00 fee and tended by a cho vh ch bears South 4.-30'14" West 10.73 eet So . g" He 98 23 teetl thence South 0-)0'31 Ell. t et INT OF BEGI "IHC of the. Parcel herein descrt ed. or Ie... Less and except the fol f land, Containing 14.95 acre. of ~=!ictions_of ..!.ecord. lond ~ore or leas aubject to easements and -i..,~.;;.,~. .' ":;';".-.''-' ,'.........".-.. :;'"';"~~;".-:;_._'." ~ -.w. 3 :::> :;") 7J ~ i ~ I-~-~I- ! ~ o ~ ~ ~ . ~ IH.llj- i 1111) II f!J} . f dIU tUI;1 f'I;ll lJ ~. h1jP J~HJ Ji}l' I lllf ~hJ.f ff~lU l~' .1, " N o ~ ""8; g!X' zo 00. ~ ~~::tI -<0 Z:x:c c;j"z '" ,0 0",0 """,0 Q~l5 ~1Jl~ ud~ ~ o,flot: 4N~ 'c mo" >m'" ",,,,z -<"U-< o g "'- z ~~ ~ :tg C NZ ~, ," .... 1'1 (Dn ~ ~~" ~~~~ & ~~/ -lz(l)O p:-~(J)~ ~ N.n :;:aQ~ <,nO CD~ ' " '" /-tfTl :;:en can:!:: ~ >:;(1 OI~' 0 RoM IJlI"'1 V1o"'lZ a::::a f.n;:;:f' o Vi C ,/. 0 0 cn~j;i"t::i-.,:-"Vi~> -l_('T1Z o(}lnZ IVI'"O-l 1Jl- "..c 0U10"'l1:C COI""lOI'T1/ :i!Ui~l:i~ "'< 0> lIIli "U '" o "U m '" ~ Ii ~ Exhibit B