Applicable Section(s) of the Land Development Code: Section (f)(4)

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1 City of Naples Application for VARIANCE ZONING Date Received File Number Staff Reviewer Petitioner: SHEA S AT LANSDOWNE STREET LLC Address: C/O PO BOX BONITA SPRINGS, FL Telephone #: Fax # Charlie@developmentassociates.com Agent for Petitioner: Development Associates/Charles F. Maurer Jr. President Address: PO Box Bonita Springs, FL Telephone #: Fax #: Charlie@developmentassociates.com Owner of Property: Ingram Building Partnership Address:720 5 th Avenue South, Naples, FL, Telephone #: Fax #: danruhl25@gmail.com Address/Location of Subject Property: th Avenue South, Suite 113, Naples, FL Legal Description of Property Involved: Lakeview Terrace, BLK B W 60 Feet of lot 5 and all of lot 6, th Avenue South, Suite 113, Naples, FL Existing Zoning C1-A, COMMERCIAL CORE Total Acreage/Square Footage of Subject Property : 3699 Square Feet Current Use of Land : Restaurant Applicable Section(s) of the Land Development Code: Section (f)(4) Petition Request and Summary of Facts Detail how the project varies from the code PETITION REQUEST: To place the business s main illuminated sign on the existing face of an aluminum frame structure covering the entire patio area and entire building face for this business. (*SEE EXHIBIT B ) SUMMARY OF FACTS: Shea s at Lansdowne Street is the first business to have it s entire space facing and fronting on Cambier Way.

2 The entire exterior façade of the building consists of an aluminum structure with a vinyl roof covering enclosing the patio area as well as the main entrance doors providing egress and ingress. The face of the aluminum structure will be flat aluminum black panels or stucoo finish to match the other elevations of the building. The city s land development code pertinent signage sections did not contemplate main business illumination signage along the former Cambier alley. The variance does not permit the establishment or enlargement of any use or structure devoted to a use which is not permitted in the district in which the variance is requested. The variance will be consistent with the comprehensive plan. The applicant requests approval due to unique circumstances not created by the applicant, an agent of the applicant or a predecessor in title of the applicant. The condition and circumstances exists are peculiar to structure involved, and which are not applicable to other structures in the same neighborhood or district; which fronts on Fifth Avenue. The failure to grant the variance would result in unnecessary and undue hardship to the property. The failure to grant the variance would deprive the owner of the reasonable use of the property. The variance will promote, or will not inimical to, the health, safety and welfare of the community. The variance will be otherwise consistent with and in harmony with the general intent and purpose of this land development code. Variance is the most practical or logical solution to the need for relaxation of the literal requirements of this land development code. Variance will not be injurious to the surrounding neighborhood or adjacent properties. The construction resulting from the variance will be compatible in character and scale with the surrounding neighborhood, preserve natural resources, and preserve historic structures by maintaining the architectural character of the original building in keeping with the period in which it was built. In addition, the standards for illumination set forth in section shall also be met.

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4 Section 46-37(a) of the Code of Ordinances lists the criteria to be considered in determining a variance to zoning requirements. Please address the criteria below. (c) Variance criteria. (1) General. a. If, upon consideration of the variance criteria set out in this subsection and (c)(2) below, it is determined that the case for approving a variance clearly outweighs the case for denial, the variance may be approved, providing that: 1. The variance does not permit the establishment or enlargement of any use or structure devoted to a use which is not permitted in the district in which the variance is requested; 2. The variance will be consistent with the comprehensive plan. (2) Specific. a. Prior to approving, approving with conditions or denying a variance, city council shall consider and determine, based upon substantial competent evidence, the following criteria: 1. Whether the plight of the applicant is due to unique circumstances not created by the applicant, an agent of the applicant or a predecessor in title of the applicant; 2. Whether special conditions or circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in the same neighborhood or district;

5 3. Whether the failure to grant the variance would result in unnecessary and undue hardship to the property; 4. Whether the failure to grant the variance would deprive the owner of the reasonable use of the property; 5. Whether the variance will promote, or will not be inimical to, the health, safety and welfare of the community; 6. Whether the variance will be otherwise consistent with and in harmony with the general intent and purpose of this land development code; 7. Whether the variance is the most practical or logical solution to the need for relaxation of the literal requirements of this land development code;

6 8. Whether the variance will be injurious to the surrounding neighborhood or adjacent properties. 9. Whether the construction resulting from the variance will be compatible in character and scale with the surrounding neighborhood, preserve natural resources, and preserve historic structures by maintaining the architectural character of the original building in keeping with the period in which it was built.

7 Pursuant to Section 46-43, petitions which result in the establishment, expansion or intensification of a commercial activity on property: containing residential units; within 300 feet of a property containing residential units; or within 300 feet of a property zoned for residential use, shall also comply with the following residential impact criteria: (1) Illumination. Illumination levels shall not exceed 0.5 footcandle at the lot lines of the subject property. In addition, the standards for illumination set forth in section shall also be met. The existing approved illumination is detailed on sheet E-3 Electrical Lighting Plan. The lighting fixtures are primarily ceiling hung antique chandeliers under the interior suspended ceiling and under the covered awning areas of the patio. All fixtures ae dimmable and the foot candle have been calculated by the electrical engineer under permit # The requested sign is less then 75 watts and less then 7500 lumens and will not exceed the.5 foot candle maximum. The adjacent properties are the public restrooms; publice pedestrian alley servicing the restaurant and retail uses. Live entertainment will not require any additional lighting. (2) Noise. Physical barriers exist and operation plans are in place to insure that noise levels shall be consistent with those identified in section Businesses with external speakers such as outdoor live entertainment, drivethru lanes and automotive dealerships, shall take measures to insure that speakers are pointed away from residences and sound is buffered. All window walls and doors are solid Mahogany and glass which are operable as to being able to be opened or closed with ease of operation. The only operable window walls face the west and front on the Cambier Way. All exterior walls are concrete masonry units ;insulated and covered with drywall;metal framing;insulation;wood paneling and brick. Ceilings are suspended grid with sound perforated ceiling tiles with sound insulation. All speakers are ceiling mounted with brackets that allow the speaker(s) to be pointed straight down to the floor areas. The covered patio areas facing Cambier Way include masonry columns;iron fencing and landscape buffer. The addition of a lit sign at the requested location has no additional impact as to noise. (3) Parking and access. Parking must meet the minimum requirements and be adequate to avoid any overflow into the residential area. Parking areas shall be situated and buffered to avoid impacting the residential areas. Primary vehicular ingress and egress shall, where possible, be located to avoid conflict with traffic in the residential area. Pedestrian connections with public sidewalks and residential areas are encouraged.

8 All parking and access is as per A0.0 of permit # and cover sheet of the revision to this permit. Live entertainment will not alter these approved plans. The residential uses are above this restaurant as to elevation. A general manager will be present during all hours of operation. The addition of the lit sign at the requested location has no impact as to parking and access. (4) Landscape buffer. Landscaping provides adequate screening between the commercial activity and the residential units including buffering noise and the glare from vehicular headlights. Based on the project design and surrounding development patterns, additional landscaping and screening may be required to provide adequate buffering as determined by the city council. Where possible, existing landscaping buffers shall be upgraded to meet or exceed the requirements of Chapter 50, Article III, landscaping and tree protection. The Landscape areas and types are shown on sheet A1.1 and include a landscape median and planting seeds adjacent to and along the covered and fenced patio areas all facing Cambier Way. The addition of the lit sign at this location has no impact as to parking and access. (5) Mitigation of hazardous or adverse impacts. All hazardous or adverse impacts to adjacent residences in adjacent residential zoning shall be adequately addressed in a mitigation plan to minimize or eliminate such hazardous or adverse impacts. The city reserves the right to require additional mitigation when it finds the identified impacts are not adequately addressed. The applicant is not aware of any adjacent residential zoning with the exception of residential rental units located on either the second or third floors of the mixed use buildings adjacent to and including this building(third floor). The primary adjacent uses are the alley;public restrooms;bandshell ;park and public dumpster enclosures. The addition of a lit sign shall have no impact as to the adjacent uses. (6) Hours of operation. Where the proposed hours of operation extend to between 9:00 pm and 8:00 am, the security measures shall be taken to insure monitoring of the premises including parking areas. A general manager and/or Owner shall be present to monitor all activities at all times at all areas. During any special event or Holiday event additional security will be on site as well. All interior and exterior spaces are monitored with security cameras and DVR. The addition of a lit sign at the requested location will enhance the space during evening hours as to the egress and ingress to the restaurant and adjacent public parking spaces.

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