Resolution 2008-119 (BCC) Reversing CCPC Resolution 2007-08
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive. Naples, Florida 34104
July 21, 2008
Mr. Ben Nelson, Jr.
Nelson Marine Construction, Inc
10923 Enterprise Ave
Bonita Springs, FL 34135
Reference: Petition: ADA-2007-AR-I2714, Clancy-Koendarfer Boat Dock Extension
Dear Mr. Nelson:
On Tuesday, April 22, 2008, the Board of County Commissioners heard and approved
Petition No. AR-12714. A copy of Resolution/Ordinance No. 08-119 is enclosed
approving this use.
Please be advised that Section 1O.03.05.B.3. of the Land Development Code requires an
applicant to remove their public hearing advertising sign(s) afterfinal action is taken by the
Board of County Commissioners. Based on the Board's final action on this item, please
remove all public hearing advertising sign(s) immediately.
If you should have any questions, please do not hesitate to contact me.
Sincerely,
~LL>L-tv-, It'YJ, ~tt/i"~
Susan M. Istenes, AICP, Director
Department of Zoning and Land Development Review
Enclosure
cc: Land Dept. Property Appraiser (Site Plans)
Addressing (Peggy Jarrell)
M. Ocheltree, Graphics
Files (Records & Planning Dept.)
c 0 l~7 e r C 0 u u t y
Phone (239) 403-2400 Fax (239) 643-6968 or (239) 213-2913 \V\vw.colliergov.net
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RESOLUTION 08-~
A RESOLlITION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER BD-2007-AR-12154,
WinCH WAS DENIED BY THE COLLIER COUNTY
PLANNING COMMISSION ON DECEMBER 6, 2007, FOR AN
EXTENSION OF A BOAT DOCK ON PROPERTY
HEREINAFTER DESCRIBED IN 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 adopted the previous Land Development Code (LDC)
(Ordinance 91~102) in October 1991 which was subsequently amended and included the
regulations for the zoning of particular geographic divisions of the County, among which are
provisions for granting extensions for boat docks; and
WHEREAS, the County pursuant thereto has adopted a new Land Development Code
(LDC) (Ordlnance 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting ex:tensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on
December 6, 2007, held a properly noticed public hearing and considered the advisability of a
17-foot extension for a boat dock from the 20~foot length allowed by LDC Section 5.03.06.E.1.
to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
descri bed; and
WHEREAS, the cepc found as a matter of fact that the request did not meet the criteria
required by LOC Section 5.03.06.E.l and accordingly denied the Petition; and
WHEREAS, the new LDC omits Sections 5.2.11. and 2.6.21.3. ofOrdmance 91-102, as
amended, relating to the process by which a Petitioner may appeal a decision of the cepe and
thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended (the new WC); and
WHEREAS. pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended provisions of the previously adopted LDC shall apply in the event of such a
conflict; and
WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the
Collier County WC (omitted Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended)
to the Collier County CoUier County Board of Zoning Appeals.
Page lof2
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA. that:
Petition Number ADA-2007-AR~12714, appealing the cepe's denial of Petition Number
BD-2007-AR-I2154 pursuant to previous, but still effective. Sections 5.2.11. and 2.6.21.3. of
Ordinance 91-102. as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson,
of Nelson Marine Construction, Inc., for the property hereinafter described as:
Lot 10, Block E, Uttle Hickory Shores, Unit No.2, according to the plat thereof.
of record in Plat Book 3, Page 79. of the Public Records of CollIer County
Florida. Property Appraisers Parcel ID No. 559008??oo9
be, and the same is hereby approved, thus reversing the cePe's denial of the Petition Number
BD-2007-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise
allowed by LDC Section 5.03.06.E.I.. to authorize a 37-foot boat docking facility in the RSF-4
zoning district wherein said property is located, subject to the following conditions:
1. Corresponding pennits, or letters of exemption, from the U.S. Anny Corps of Engineers
and the Florida Department of Environmental Protection shall be provided to Collier
County prior to the issuance of a building permit.
2. Reflectors and house numbers of no less than four (4) inches in height must be installed
at the outermost end on both sides of all docks or mooring pilings, whichever protrudes
the furthest into the waterway, prior to the issuance of a Certificate of Completion.
3. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as
possible to the furthest protrusion of the dock inlO the waterway, prior to the issuance of a
Certificate of Completion.
4. All prohibited exotic species, as such term may now or hereinafter be established in the
LOe, must be removed from the subject property prior to issuance of the required
Certificate of Completion and the propeny must be maintained free from all prohibited
exotic species in perpetuity.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote this JJ'u} day of
Apc,\ ,2008.
ATTEST:. .i' 1.1:'.r, BOARD OF ZONING APPEALS
. :.J.-
DWIGHr E. B~OGK,. q..ERK COLLIER COUNTY, FLORIDA
..;;-,.; - .
By:
Attest IS to ClIt,'II'lIIlI.' ..tput
s1911aturt Ofllw ....,. ~L~\',)" .
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App
and
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CCPC RESOLUTION 07- nR
A RESOLUTION OF THE COLLIER COUNTY
PLANNING COMMISSION DENYING PETITION
NUMBER BD-2007-AR-12154, A REQUEST FOR A
I7-FOOT BOAT DOCK EXTENSION.
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 04-41, as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which are provisions for granting
extensions for boat docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly
appointed, has held a properly noticed public hearing and considered the advisability of a 17-
foot extension for a boat dock from the lO-foot length allowed by LDC * 5.03.06.E.l. to
authorize a 37-foot boat dock facility in an RSFA Zoning District for the property hereinafter
described; and
WHEREAS, the CCPC has found as a matter of fact that the request does not meet
the criteria required by LDC Section 5.03.06.E.1.; and
WHEREAS, the CCPC has given all interested parties the opportunity to be heard,
and considered all matters presented.
NOW, THEREFORE. BE IT RESOLVED BY the Collier County Planning
Commission of Collier County, Florida, that:
Petition Number BD-2007-AR-12154, filed on behalf of Saundra Clancy-Koendarfer
by Ben Nelson, Jr., of Nelson Marine Construction, Inc., for the property hereinafter
described as:
Lot 10, Block E, Little Hickory Shores, Unit No.2, according to the plat
thereof, of record in Plat Book 3, Page 79, of the Public Records of Collier
County, Florida
Property Appraisers Parcel ID No. 55900800009
be, and the same is hereby denied for a 17-[00t extension of a boat dock from the 20-foot
length otherwise allowed by LDC ~ 5.03.06.E.l in the RSF-4 Zoning District wherein said
property is located for the reasons set forth in the record.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
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THIS RESOLUTION ADOPTED after motion, second and majority vote.
Done this (p--l.c, day of \lec e." "'~ . 2007.
COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
ATTEST:
Jo ph K. Schmj It
mmunity Development and Environmental
ervices Administrator
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