HEX Final Decision 2014-03HEX NO. 2014 — 03
HEARING EXAMINER DECISION
PETITION NO. BDE- PL20130001439 — Romeo and Adriana Terezi request a waiver for a
30.9 foot boat dock extension over the maximum 20 feet allowed by the Land Development
Code for a total protrusion of 50.9 feet to accommodate a 2 -slip docking facility for the
benefit of Lot 3, Bayfront Gardens Subdivision, also described as 224 Barefoot Beach
Boulevard, in Collier County, Florida.
DATE OF HEARING: January 23, 2014
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
5.03.06 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
The applicant met 4 out of the 5 primary criteria, primary criteria #2 for water depth was not one
of the reasons for this request, and was not met. The applicant met 5 out of the 6 secondary
criteria with secondary criteria #6 not being met since it was not applicable to this application.
The applicant verified that a mangrove trimming permit has been issued. The staff report
includes a folio number that is in error, the correct folio number for this property is
23095000306. During the review it was discovered that the applicant's request for this extension
was not from the most restrictive landward point. The applicant provided a measurement from
top of bank that was greater than what was requested for the extension, believing that the
measurement for the actual extension was required to be from mean high water. The difference
is 2.4 feet. The applicant stated they can accept an extension from the more restrictive starting
point as required by code and their boat dock extension request will remain at 50.9 feet.
Corrective documentation verifying this new measurement is attached as Exhibits A & B.
DECISION:
The Hearing Examiner hereby approves Petition Number BDE- PL20130001439, filed by David
Turley of ADK Permitting Solutions, LLC on behalf of Romeo and Adriana Terezi, for a 30.9
foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for
a total protrusion of 50.9 feet, for a docking facility that will accommodate 2 boat slips with
boatlifts as shown on the Proposed Site Plan attached as Exhibit "A" and the Cross Section Plan
attached as Exhibit `B ", on the property described herein.
1 of 2
ATTACHMENTS: Exhibit A — Proposed Site Plan
Exhibit B — Cross Section Plan
LEGAL DESCRIPTION: Lot 3, Bayfront Gardens, according to the plat thereof recorded in
Plat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
2 -3 -I
Date
CP \l 3- CPS - 01259 \8
2 of 2
k C'U� -
Mar Strain, Hearing Examiner
Appr ed as to form and legality:
�di 7 Wo'W - i dk o
Managing Assistant County Attorney
O
N
II
■
U
lij
.{ E Y\\Cko
=¢O
F- (o
w o O
3 s d O
w
°
¢ O
N 'Yj Q� 7s
LLJ
Q m =
)
L
�C.0
tai> ap Y
L iY da m
Z
Y
J
Z
� lq x Oro
4 rl rj
Q m$
m N rw
<L
w
O
r
Y
X00
\O,�ti0
Exbibit A
Page _ 1 _ of „u
r
w
6��
w
Z Z
N
\
w
o
w
luw
12
W
w
i��Fws
m
¢
E
0 21
Y
<
\ ¢
u 0.
pu
Ix
Fo
^p
xm
z
0.
`m xi
y
L
Exbibit A
Page _ 1 _ of „u
r
w
6��
Y
aNY hm
J
Old
w
Exbibit A
Page _ 1 _ of „u
\ 4 2
\\ i
s
\ S
r0�i O Q
W N
1 }�
t�
v
gP�
E N\G�oR�
Imo
Woo
J
d 0
o °W
O F-
J
J L J
�Z3
wi
Q Co
U in
0 m
a
1
\
IAJ
z
z
J
z
a
cy-
Q
a_
r�
a
a
00
F�
�W
E-a°
cn .
zx
oa. a.
Z
as
zW
a
F
w
A
z
0
UJ
z
w
ca
x
0
a
Ezhlblt A
Page —j�,of,ij--
Exhibit B