HEX Transcript 06/25/2015 June 25,2015 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
June 25,2015
LET IT BE REMEMBERED,that the Collier County Hearing Examiner, in and for the County of
Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800
North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present:
HEARING EXAMINER MARK STRAIN
Also Present: Heidi Ashton-Cicko,Managing Assistant County Attorney
Ray Bellows,Zoning Manager
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, JUNE 25,2015 IN CONFERENCE ROOM 610 AT
THE GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE,NAPLES,
FLORIDA.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE
HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,
AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO
RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. APPROVAL OF PRIOR MEETING MINUTES: May 28, 2015
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. PETITION NO. BD-PL20140002838 —Randy Sears requests a 22-foot boat dock
extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land Development
Code for a total protrusion of 42 feet to accommodate a new dock facility with two boats, for the benefit
of Isles of Capri Unit 2 Lot 189,also described as 164 Pago Pago Drive W., in Section 32,Township
51 South, Range 26 East,Collier County,Florida. [Coordinator: Mike Sawyer, Project Manager]
B. PETITION NO. SV-PL20140002329 — Gregg Appliances, Inc. requests a variance from Section
5.06.04.F.4. of the Land Development Code to allow one additional wall sign for a total of two wall
signs for Unit #52 at the Carillon Place Shopping Center within the Carillon Planned Unit
Development in Section 13, Township 49 South, Range 25 East, Collier County, Florida. [Coordinator:
Nancy Gundlach,AICP,RLA, Principal Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
June 25,2015 HEX Meeting
EXHIBITS
PAGE DESCRIPTION
Item 4A-Petition No.BDE-PL20140002838
5 A-Staff Report
5 B-Legal Advertisement
5 Letter Dated June 15,2015 by Richard and Kendra Maxwell
[tern 4B-Petition No.SV-PL20140002329
14 A-Staff Report
14 B-Legal Advertisement
* * * * ** * * * * * * *
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone.
Welcome to the Thursday,June 25th meeting of the Collier County Hearing Examiner.
Would everybody please rise for the Pledge of Allegiance?
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: For some housekeeping matters,individual speakers will be
limited to five minutes unless otherwise waived. Decisions are final unless appealed to the Board of County
Commissioners and a decision will be rendered within 30 days.
The review of the agenda for today is,we have two petitions. 4A is a petition for a boat dock
extension on Isle of Capri,and 4B is for a sign addition variance at the Gregg Appliances.There are no changes
to the agenda.
Item 3 is the approval of prior meeting minutes. I have reviewed those. They are fine,to be recorded
as—as they stand and read,and that will bring us to our first advertised public hearing.
And what I'll asking for first is there any members of the public here to discuss the Randy Sears boat
dock extension on Isle of--Isle of Capri. It's 164 Pago Pago.
Okay. Kris,if you don't mind coming up to the podium?
I have read the staff report in detail. I will not need a formal presentation unless you have things you
want to add to the record.
MR.THOEMKE: Not at this time,no.
HEARING EXAMINER STRAIN: Okay. A couple of items.
***Exhibit A to this action,it is BDE-PL20140002838.
Will all those wishing to testify on behalf of the subject,please rise and be sworn in by the court
reporter.
And that would be you,too,Kris.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Thank you.
THE COURT REPORTER: Can I have your full name,please?
MR.THOEMKE: 239--
THE COURT REPORTER: No,no. Your full--your name,your full name.
MR.THOEMKE: Oh,Kris,K-r-i-s,T-h-o-e-m-k-e.
HEARING EXAMINER STRAIN: Okay.Disclosures on my part. I've talked with staff,I've
reviewed the files. I have one letter of objection from Richard and Kendra Maxwell,which I have given to the
court reporter to add to the record.
There are two exhibits that will be entered into the record. One is Exhibit A. It's the staff report.
The second will be Exhibit B,the legal ad.
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And, Kris,what I've done is put some of the slides above,are from--excerpts from the staff--
MR.THOEMKE: Right.
HEARING EXAMINER STRAIN: --report. And I--there's one I want to particularly note out.I
did have several questions for you since you--you don't have anything to add,and I have read the staff report.
And I won't need to get into things that the staff report generally talks about.
There was a staff recommendation. Did you have any objection to that?
It is concerning the fact you won't get a boat dock,that the permit has to coincide with a building
permit.
MR.THOEMKE: The building--they have--I believe they have the building permit number.I'm
not sure if they actually have the permit issued--
HEARING EXAMINER STRAIN: Yeah.
MR.THOEMKE: --but he understands that,yes.
HEARING EXAMINER STRAIN: Okay. I also noticed that you were taking out the rip rap that is
currently there?
MR.THOEMKE: Yeah. That has been done and the seawall has been put in place already.
HEARING EXAMINER STRAIN: The only question I have on the remainder of your packet
is--has to do with this particular detail.
Do you see where you have your 15-foot sign setback--
MR.THOEMKE: Yeah.
HEARING EXAMINER STRAIN: --and the line comes down and splits the piling?
I believe the 15 feet has to go to the outside of the piling.
And I'll ask staff to confirm or tell me differently.
Mike?
MR. SAWYER: Yes.
For the record,Mike Sawyer,Project Manager for the petition.
It's our understanding that the pilings themselves will be part of the boat dock facility itself;so,
therefore, it would have to be on the inside of that.
And,I apologize. Staff did not catch that as part of our review.
MR.THOEMKE: We can--we can revise that drawing.
HEARING EXAMINER STRAIN: As such,I'm going to ask you. Do you have any objection to
that?
MR.THOEMKE: No.
HEARING EXAMINER STRAIN: Okay.
MR.THOEMKE: That's easy enough to do.
HEARING EXAMINER STRAIN: What I will need from you is a revised exhibit that you have here
just with that correction made to it.
MR.THOEMKE: Yep. I'll get that to you.
HEARING EXAMINER STRAIN: Okay. Just checking to see if I had anything else.
The one letter of objection,I'll read the three points that they made and ask for staff comment.
The first point was that they were concerned that this would set a precedent that would allow others
around the bay to do so,appreciably changing the bay for the worst. Obviously the last few line--few words
are their opinion.
But from your research, Mike,and then the crafter line,Kris,did you find other similar configurations
in this bay area already existing?
MR. SAWYER: Yeah. We--we actually measured out with the Property Appraiser's website.
The dock that's just immediately--or basically north and east of this,actually comes out--we measured it at
about 41 feet,which is pretty comparable to this.
I believe there are also a couple of other docks that have a similar projection out into this particular
waterline.
HEARING EXAMINER STRAIN: Okay. And,Kris,I think this was done by your office?
MR.THOEMKE: Yeah, I did that. And once again,this is off the Property Appraiser's website.
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And I concur with what Mike said. I measured it at 40. And also the one to the southwest there on the angle,
that one also measured out to right around 40 feet,plus or minus,with the accuracy of the aerial there.
HEARING EXAMINER STRAIN: Okay. Thank you.
One of the other points that the objection letter noted was that it would negatively affect their property
values as their views of the waterways would be affected.
Heidi,excuse me.
MS.ASHTON-CICKO: I'm sorry.
HEARING EXAMINER STRAIN: Mike,did you have any information concerning property values
submitted to your office?
MR. SAWYER: No. Nothing as far as property values and,quite honestly, it does come up
periodically that,you know,people perceive that there is a property value change.That usually occurs with any
kind of selling petition that might even come through our offices. But,no,we did not receive anything like
that.
HEARING EXAMINER STRAIN: Kris,the value of this dock facility and,potentially,the boat
that's going to be docked there,do you have any estimate of that?
MR.THOEMKE: No, I don't. The boat could be,you know,very--variable depending upon,you
know,what amenities are on that boat and everything. It may be anything from$60,000 to a couple hundred
thousand dollars, I would think.
HEARING EXAMINER STRAIN: Well,that impact is it's going to increase the value of the
property through these additional facilities that you're going to be building on there,so you--
MR.THOEMKE: It will increase the value of that particular parcel,sure.
HEARING EXAMINER STRAIN: Okay. The third comment was that added usage,parenthetical,
two boats,could negatively affect the dolphins and manatees.
And I'll ask staff,is there any restriction on the number of boats that can be asked for on a single family
lot such as this?
MR.SAWYER: The normal number of vessels that are allowed are two for a single family residence
such as this.
HEARING EXAMINER STRAIN: And,Kris,you're not expecting any more than two boats based
on the submittal then.
MR.THOEMKE: No.
HEARING EXAMINER STRAIN: You wouldn't be able to do so. I just wanted to--
MR.THOEMKE: There wouldn't be room for anything else,I don't think.
HEARING EXAMINER STRAIN: No. I just wanted your confirmation,so...
MR.THOEMKE: Yeah.
HEARING EXAMINER STRAIN: Okay. I think that is all the questions I have.
That's it.
MR.THOEMKE: Okay.
HEARING EXAMINER STRAIN: Thank you very much,Kris. I appreciate it.
MR.THOEMKE: Thank you.
HEARING EXAMINER STRAIN: Is there a staff report,Mike?
MR. SAWYER: Yes. We've got a staff report,last revised 6-10-15. We're here to answer any
questions you might have. We are recommending approval of the petition.
HEARING EXAMINER STRAIN: The only--the only item for staff that I saw was you have on the
applicants,and it's not just for this case,but apparently it's for quite a few,signed and a testament that the--and
Pll read it.
It says--and it's on Page 14 of the staff report,and it's a testament on the secondary criteria page,Page
6 of the application.
I understand that the--if this dock extension petition is approved by the Collier County Planning
Petition, in effect the property owner may file an appeal within 14 days of the hearing. If I proceed with
construction during this time,I do so at my own risk.
I would suggest that we modify that language to coincide with what this office has and does in regards
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to that if that is a necessary part of the application. So,maybe that could be taken a look at by staff and be
corrected. It appears twice in your staff report.
MR. SAWYER: Yeah. That's--that's part of our--our standard application. And you're right.
We probably need to take a second look at that,make sure that it is consistent.
I'm sure that came from the process that we used to have for the Planning Commission. Now that it's
going through your office,we need to review that.
HEARING EXAMINER STRAIN: The appeal period is 30 days,just so you know that needs to be
fixed.
Thank you.
Kris,appreciate your time.
MR.THOEMKE: All right.
HEARING EXAMINER STRAIN: Thank you. A decision will be rendered probably within ten
days. We got 30,but we usually get it quick.
MR.THOEMKE: All right. Thanks.
HEARING EXAMINER STRAIN: Thank you very much.
***The next item up is Agenda Item 4B.It's Petition Number SV-PL20140002329. It's the HHGregg
sign variance.
All those wishing to testify in behalf of this subject,please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Thank you.
The disclosures on my part,I have met with staff,gone through the files and attended the pre-app. I
also have thoroughly read the staff report. Exhibit A will be the staff report,Exhibit B will be the legal ad.
Is there a representative of HHGregg here?
MR. BOYD: Good morning. My name is Michael Boyd,Petitioner.
HEARING EXAMINER STRAIN: Thank you.
I don't have any questions for you. I've read the staff report. I didn't know if you had anything you
wanted to add to the record.
MR.BOYD: The only thing I could add is upon mailing the--a letter to the adjoining property
owners, I did receive three phone calls from residents at Banyan Woods,which abuts it on the back.
Their only question is where they were concerned that HHGregg was trying to add a sign on the rear of
the building facing their properties.
When I explained to them that,no,the property that was going to be added on the front facing Airport
Road,they had no objections.
HEARING EXAMINER STRAIN: Okay. Mike,have you received any objections from anybody;
phonecalls,e-mails,letters,anything at all from staff?
Or, I'm sorry. Nancy.
MS.GUNDLACH: Good morning. We have not received any letters of objection.
HEARING EXAMINER STRAIN: Okay. And I don't have any other questions.
Do you have any objections to staffs recommendation,sir?
MR.BOYD: No, I do not.
HEARING EXAMINER STRAIN: Okay. Thank you for your time.
Is there a staff report,Nancy?
MS.GUNDLACH: Yes. Staff has recommended an approval of the additional sign subject to a
maximum of 23 square feet.
HEARING EXAMINER STRAIN: Okay. Are there any members of the public wishing to testify
on this item?
Not here.
With that,we will close that hearing and a decision will be rendered within 30 days,probably within
ten days if we can keep up to our normal process here. So,hopefully,we'll get it much shorter than 30.
With that,that takes us to the end of today's agenda.
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June 25,2015 HEX Meeting
There's no other business. I have no public comment,so this meeting is adjourned.Thank you all.
********************
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:14 a.m.
C LLI R C H RrL °G EXAMINER
vi( i.
MAR STRAIN,HEARING EXAMINER
A 1'1'hST:
DWIGHT E.BROCK,CLERK
These minutes approved by the Hearing Examiner on 7 ` Z 5 ( 1� ,as presented /-----v
or as corrected .
TRANSCRIPT PREPARED ON BEHALF OF
GREGORY COURT REPORTING SERVICE,INC.
BY ROSE WITT,COURT REPORTER AND NOTARY PUBLIC
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