Resolution 2009-094
RESOLUTION NO. 09-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13960, GRANTING A VARIANCE
FROM SECTION 5.06.04.C.16.b.i. OF THE LAND
DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN
AREA, WHICH SIGN IS LOCATED AT PORT OF THE
ISLANDS IN THE MEDIAN OF CAY'S DRIVE (SOUTH OF
U.S. 41) IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28
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, Port of the Islands Community Improvement District, seeks to
alter the signage on the property to have a larger sign; and
WHEREAS, Petitioner wishes to have a sign with an area up to 18 square feet located
about its property; and
WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area
greater than 12 feet; and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting this variance; 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
Page 1 of2
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 a variance from LDC
Section 5.06.04.C.16.b.i, to allow a sign with an area up to 18 square feet, as shown in attached
Exhibit "A", the text, including content, font and size, of which is not limited by the instant
variance, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of
the Islands Community Improvement District, concerning the subject property located in the Port
of the Islands in the median of Cay's Drive, just South of U.S. 41 in Section 9, Township 52
South, Range 28 East, Collier County, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-13960 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this l1. day of
~,2009.
l'::
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY FLORIDA
d~~
ATTEST:
DWIGHT E. BROCK, Clerk
By:
By:
At~.. '
.t~o.n.\'~
Approved as to form
and legal sufficiency:
J:k- 7. w'tL
Steven T. Williams
Assistant County Attorney
Exhibit "A": Sign Depiction
Page 2 of2
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