Resolution 2010-016
RESOLUTION NO. 10 - --1.6..-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV -PL2009-1165, GRANTING A VARIANCE FROM
SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO
ALLOW TWO SIGNS PER UNIT IN A MULTI-OCCUPANCY
PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI
TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN
SECTION 16, TOWNSHIP 48 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 of the County, among which is the granting of variances; and
WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store
fronts facing the interior of the property; and
WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant
to 95.06.04.F.4; 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:
The Board hereby approves a variance from LDC 95.06.04.F.4 to allow two signs per
unit in a multi-occupancy parcel as depicted in Exhibit A, and subject to the conditions found in
Exhibit B, as requested in Petition SV-PL2009-1165, filed by Bruce Anderson, Esquire of
Roetzel & Andress, LP A, on behalf of the Petitioner, Benderson Properties, Inc., concerning the
sv-p L2009-1/ 65
Rev. /2/29/09
lof2
subject property located at the Lawmetka Plaza PUD on the northwest corner of Tamiami Trail
North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of
the southeast Y, of the northeast Y, of Section 16, Township 48 South, Range 25 East, Collier
County, Florida. Exhibits A and B are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the text (including content and size) of the signs
depicted in Exhibit A is not the subject of this variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
PL2009-1l65 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 2Ia day of
ja,nV\(l.X'1 ,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Attest II to a-.t
ItVNtIn OIl. ~ "
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By:
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FRED W. COYLE, ChaIrman
Approved as to form and
legal sufficiency:
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Steven T. Williams '5<:-,.,.\.,\0
Assistant County Attorney \'
Attachments: Exhibit "A" - Site Plan
Exhibit "BOO - Conditions of Approval
09-CPS.00985/25
SV-PL2009-J /65
Rev. /2/29/09
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CONDITION OF APPROVAL
FOR
SV-PL2009-1l65
I. The additional wall signs are limited to Building 4 and 5 unit facades facing
towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888),
2. Awnings shall be installed in the center section of building farrades Buildings 4
and 5 where the spandrel glass is located.
EXHIBIT B