HEX Transcript 02/25/2016 r
February 25,2016 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
February 25,2016
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: Raymond V.Bellows,Zoning Manager
Rachel Beasley,Planner
Heidi Ashton-Cicko,Managing Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,FEBRUARY 25,2016 IN CONFERENCE ROOM 610
AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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: January 28,2016
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. BD-PL20150001918 — Bob Mosley requests approval of a boathouse pursuant to
Section 5.03.06 F. of the Land Development Code, for a new roof over a permitted boat dock facility
located on the east side of Lot 1, Block D,Conner's Vanderbilt Beach Estates Unit#1,also described as
295 Channel Drive, in Section 29,Township 48 South,Range 25 East, Collier County,Florida.
[Coordinator: Rachel Beasley,Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
February 25,2016 HEX Meeting
EXHIBITS
DESCRIPTION PAGE
BD-PL20150001918
A-Staff Report 2
B-Legal Advertisement 2
HEARING EXAMINER STRAIN: Good morning.Welcome to the meeting of the Hearing
Examiner's Office.
(The Pledge of Allegiance was recited in
unison.)
HEARING EXAMINER STRAIN: Thank you.
Reviewing the agenda,we have one item on today's agenda.
A couple housekeeping matters: Individual speakers will be limited to five minutes unless otherwise
waived. Decisions are final unless appealed to the Collier County Commissioners. A decision will be
rendered within 30 days.
Item 3,Approval of Prior Meeting Minutes,January 28,2016. Those have been reviewed and they
are good to be recorded as submitted.
Which takes us to our first advertised public hearing. It's Petition No.BD-PL20150001918. It's the
Bob Mosley boathouse in Vanderbilt Beach Estates.
All those wishing to testify on behalf of this item,please rise and be sworn by the court reporter.
(All speakers were duly sworn.)
HEARING EXAMINER STRAIN: My disclosures on this: I've talked with staff,I've reviewed the
files,spoken with the attorney this morning,Greg Nelson.
And Exhibit A will be the staff report.Exhibit B will be the legal ad.
(Exhibits A and B were marked for identification.)
HEARING EXAMINER STRAIN: With that in mind,Mr.Nelson,if you don't mind approaching
the mic.
There are no members of the public here for this,and we've received no written opposition to it. I've
read the complete staff report. I have no questions or comments.
I didn't know if you wanted to add anything to the report.
MR.NELSON: I feel just like you,I don't have any questions or comments either.
THE COURT REPORTER: Can I have your name,please.
MR.NELSON: I'm sorry. Ben Nelson representing Nelson Marine Reconstruction on behalf of the
applicant,for the record.
Anyway,but I would be glad to any answer questions anyone has. But it seems to be pretty
straightforward.
HEARING EXAMINER STRAIN: Yes,it is. And I've got a comment to that to staff in a minute.
Thank you.
MR.NELSON: Okay. Thank you very much.
HEARING EXAMINER STRAIN: Rachel,as a staff member do you have anything you want to add
to the staff report or any comments?
MS.BEASLEY: I have nothing more to add.
HEARING EXAMINER STRAIN: In reading this,one thing that was apparent,if--I'm very glad
that this didn't have to go to the Planning Commission in a longer process than you have already had to face,
but also I don't whether staff would ever want to consider this,but when you have a roof cover over a boat,such
as this,and it meets all of the criteria and it's within the 20 feet,I'm not sure we really need to have this formal
of a process for it. Maybe it's something we should consider as an LDC amendment going down the road.So
a lot of time consumption that I can't find the necessary for. Staff certainly has the capabilities of reviewing
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February 25,2016 HEX Meeting
against the code.
So,with that in mind,are there any members of the public that have any comments on this?
(No response.)
HEARING EXAMINER STRAIN: And since no one is here, it's obviously no.
We'll close the public hearing and a decision will be rendered within 30 days,most likely within seven,
usually within seven days,or 10 days. It will be recorded then and sent to you by email.
MR.NELSON: Thank you very much.
HEARING EXAMINER STRAIN: Thank you,sir.
There is no other business,no public comments. With that,this meeting is adjourned.
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:05 a.m.
COL .IE COUNTY HEAR (i EXAMINER
/ /
t/
4./ ,
MARK STRAIN,`-fearing xaminer
ATTEST
DWIGHT E. BROCK,CLERK
These minutes approved by the hearing Examiner on C1 " 1` ,+ ' `s.:- as presented
or as corrected .
Transcript prepared on behalf of Gregory
i
Reporting Service,Inc.,by
Elizabeth Brooks,RPR.
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