HEX Final Decision 2015-28 HEX NO. 2015—28
HEARING EXAMINER DECISION
PETITION NO. BD-PL20140001542 — Ken and Kathleen Demaret request a 10-foot boat
dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development
Code for a total protrusion of 30 feet to accommodate a boat dock facility for the benefit of
Lot 160, Isles of Capri Unit 2 Subdivision, also described as 192 Tahiti Circle, in Section 32,
Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: July 23, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant, 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 is approved.
ANALYSIS:
No objections were received for this application. Revisions were made to the Submerged
Resources Survey and Affidavit of Authorization and added as exhibits to the record. The
applicant has obtained an ST permit (No. PL20150000999), also included as an exhibit to the
record.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20140001542, filed by Duane
Thomas of Duane Thomas Marine Construction, LLC, representing Ken and Kathleen Demaret,
for a 10-foot boat dock extension over the maximum 20 feet allowed by the Land Development
Code for a total protrusion of 30 feet to accommodate a docking facility on the property
described herein, in accordance with the Proposed Dock Dimensions attached as Exhibit"A".
ATTACHMENTS: Exhibit A—Proposed Dock Dimensions
LEGAL DESCRIPTION: Lot 160, Isles of Capri No. 2, according to the plat thereof recorded
in Plat Book 3, Page 46, of the Public Records of Collier County, Florida.
[14-CPS-01357/1197368/1]15 1 of2
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
or the Board of Zoning Appeals, as appropriate. 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.
23 - 206
Date Mar Strain, Hearing Examiner
Appr 'ed as to form . d legality:
Scott A Stone
Assistant County Attorney
[14-CPS-01357/1 197368/1]15 2 of 2
Proposed Dock Dimensions
245.8'WATERWAY MARLIN BAY
MHW TO MHW
-- 30'FROM PROP.LINE(MOST RESTRICTIVE)
-- 29,5'TO FACE OF SEAWALL CAP
29.4'TO FACE OF SEAWALL CAP
14
—�- 16.0' .._. 41' r1 16.0'
TOE OF RIPw1P
•' a' ADJACENT
+ 28.1' ... *a(a uFT
ofte-
t"�" TOP OF WRAP N=°N I CONC SE.AwALL
MO P p TOP OF WR 70.00 (P) ew+ CAP B.8Y.•3.0'
NO ID NOTE MHW LINE(0.42')
N89'25'131'W ABUTS FACE OF SEAWALL
70.01'(M)
PRO-• -ED
WOOD
DOCK
Exhibit A