HEX Final Decision 2016-09 HEX NO. 2016—09
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20150000039 — A. Douglas Brodman and Teresa A. Brodman
request a 22.8 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 42.8 feet to accommodate a boat dock
facility with a boat lift for the benefit of Lot 6, Bayfront Gardens, also described as 232
Barefoot Beach Blvd. in Section 6, Township 48 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: March 10, 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:
Other than a representative of the applicant, there were no members of the public in attendance
for this item and there were no objections received by staff.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20150000039, filed by A. Douglas
Brodman, for a 22.8-foot boat dock extension over the maximum 20 feet allowed by the Land
Development Code for a total protrusion of 42.8 feet to accommodate a docking facility with a
boat lift on the property 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 6 of BAYFRONT GARDENS, according to the Plat thereof as
recorded in Plat Book 14, Pages 114 through 117, inclusive, of the Public Records of Collier
County, Florida.
[15-CPS-01474/1243279/1]32 1 of 2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
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. �
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Date Mark Strain, Hearing Examiner
Ap roved as t orm and legality:
Scott A Stone
Assistant County Attorney
[15-CPS-01474/1243279/1}32 2 of 2
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Exhibit "A" • •
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