HEX Final Decision 2016-07 HEX NO. 2016—07
HEARING EXAMINER DECISION
PETITION NO. BD-PL20150001119 —Beth Murphy and John Morrissey-Pumo request a
67-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the
Land Development Code, for a total protrusion of 87 feet to accommodate a docking
facility with two boat lifts for the benefit of Lot 73, Isles of Capri No. 1, in Section 32,
Township 51 South, Range 26 East, Collier County, Florida.
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DATE OF HEARING: February 11, 2016
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 is approved.
ANALYSIS:
Staff did not receive any objections. One member from the neighborhood attended the meeting
and spoke in support of this petition.
DECISION:
The Hearing Examiner hereby approves Petition No. BD- PL20150001119, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Beth Murphy and John Pumo-Morrissey, for a
67-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code
for a total protrusion of 87 feet to accommodate a docking facility with two boat lifts on the
property located at 23 West Pelican Street, Collier County, and further described herein, in
accordance with the Proposed Site Plan attached as Exhibit "A", and as subject to the
condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Site Plan
LEGAL DESCRIPTION: Lot 73, Isles of Capri Unit 1, according to the map or plat thereof,
as recorded in Plat Book 3, Page 41, of the Public Records of Collier County, Florida.
[15-CPS-01455/1238504/1]55 1 of2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. A Special Treatment permit will be required prior to approval of the building permit for the
boat dock.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
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.
2 - I Ca- -2c) ( c J
Date Ma Strain, Hearing Examiner
Appr led as to form and legality:
Scott A Ston-
Assistant County Attorney
[15-CPS-01455/1238504/1]55 2 of2
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Exhibit "A"