HEX Final Decision 2016-13 HEX NO. 2016— 13
HEARING EXAMINER DECISION
PETITION NO. BD-PL20150000256 — Lely Barefoot Beach Property Owners Association,
Inc. requests a 7-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 27 feet to install a
boat lift on an existing docking facility for the benefit of Tract C, Lely Barefoot Beach-Unit
1, also described as 180 Barefoot Beach Blvd., Unit 34, located within the Lely Barefoot
Beach PUD, Ordinance No. 85-21, in Section 6, Township 48 South, Range 25 East, Collier
County, Florida.
DATE OF HEARING: April 14, 2016
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:
There were no members of the public in attendance for this item. Staff reported there were no
letters or emails received objecting to this application. One phone call was received asking for
additional information and after the information was supplied the caller expressed no opposition
to this application.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20150000256, filed by Miles L.
Scofield and Jeff Rogers of Turrell, Hall & Associates, Inc., on behalf of Lely Barefoot Beach
Property Owners Association, Inc., for a 7-foot boat dock extension over the maximum 20 feet
allowed by the Land Development Code for a total protrusion of 27 feet to install a boat lift on
an existing docking facility for the benefit of Tract C, Lely Barefoot Beach — Unit 1, also
described as 180 Barefoot Beach Blvd., Unit 34, 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
Exhibit B—Assignment of License Agreement
[15-CPS-01476/1250081/1]28 1 of 2
LEGAL DESCRIPTION: A portion of Tract C, LELY BAREFOOT BEACH UNIT ONE,
according to the Plat thereof recorded in Plat Book 12, Pages 34 through 37, of the Public
Records of Collier County, Florida, as described in the Assignment of License Agreement Boat
Dock No. 2, recorded at OR Book 4978, Pages 4978 through 3712, of the Public Records of
Collier County, Florida, and attached hereto as Exhibit B.
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.
y— 19— 16 A 6/9
Date Ma Strain, Hearing Examiner
A4 oved as to rm and legality:
- 111L
Sco, A Stone
Assistant County Attorney
[15-CPS-01476/1250081/l]28 2 of 2
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01564-karvellas bde\CAD\PERMIT-COUNTY\1564-BDE.dwp 89Q0>BiR1AL 3/32016
Exhibit "A"
INSTR 4907165 OR 4978 PG 3707 RECORDED 10/29/2013 1:53 PM PAGES 6
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
ooc @.70 $654.50 REC $52.50 INOX $2.00
CONS $93,500.00
Sales Price $93,500
Documentary Stamp Tax $654.50
Prepared without opinion of title by:
Mark J.Price,Esq.
Roetzel&Andress
850 Park Shore Drive,Third Floor
Naples,Florida 34103-3587
(239)649-6200
p '.'. This.Line For Recording••,.
T, r � :�'.. IT'
E�
This Assignment of Lice•. a ement is made , 11107 ,.y of October,2013,by Wayne
Williams and Janice L. Williams, k7•• d and Wife,whose .•. a address is 104 Anguilla Lane,
Bonita Springs, Florida 34I34-850 i3?f::• • ly or collec' ssignor"), to Nancy E. IKarvellas,
Darlene W. Scott and Candace M.K. , ,e, ,L- ,., . ellas(Florida,2012)Family Trust,
with full trust powers,pursuant to Florida r •:I, a i 4P%i • protect,conserve,sell,lease,encumber or
otherwise manage and dispose of real property, whose post office address is do Nancy E. Karvellas,
11826 100 Ave.NW,#102,Edmonton Alberta Canada T5K 0K3(singularly or collectively"Assignee"):
(Whenever used herein the tens"Assignor"and"Assignee"include all the parties to this instrument and the heirs,legal
representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees.)
Witnesseth,that the Assignor,for and in consideration of the sum of TEN DOLLARS($10.00)
and other good and valuable considerations, receipt of which is hereby acknowledged, hereby grants,
bargains,sells,aliens,remises,releases,conveys and confirms unto the Assignee,all of Assignor's right,
title,obligations and interest under the certain License Agreement entered into by the original Licensee,
with Lely Development Corporation,a Texas corporation,as Licensor,pursuant to the form thereof as is
on file with the Lely Barefoot Beach Dock Association,Inc.,a Florida corporation not for profit,which
was duly assigned by instruments recorded in OR-Book 2845,Page 2257;and in OR Book 3061,Page
639,and as further assigned of record,of the Public Records of Collier County,all which are incorporated
herein by reference(collectively,the"License Agreement"),for the use of Boat Dock No 2,of the docks
commonly known as Lely Barefoot Beach Dock Slips, as shown on Exhibit"A" attached hereto and
incorporated herein(the"Slip").
Page 1 of 5
Exhibit "B" PL 205 0000P56 R
Page 1 of 6 EV 1
oa 4978 PG 3708
Assignor covenants to Assignee that Assignor is the lawful owner of the rights described herein,
that(to Assignor's actual knowledge)they are free from all encumbrances, and that Assignor has good
right and authority to transfer the exclusive right to use the same,subject,however,to the rights of all
applicable governmental authorities:
Assignee hereby accepts the right, title, obligations and interest pursuant to the License
Agreement assigned hereby and consents to the same.
IN WITNESS WHEREOF,Assignor has hereunto set Assignor's hand and seal the day and year
first above written.
Signed,sealed and delivered in our presence:
,
�_
PrintN. Or ,.k 7. i Wa d+`' 'ems
1
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L 'tLr I!
Print Name: C,..; :i.la J.-Emma `T II it am.
7.4 4 O
State of Florida G
County of Collier ®A, �~�
The foregoing instrument was acknow .1 .1% regime this 18+4 day of 0c;-oc--
2013,by Wayne Williams and Janice L.Williams,Husband and Wife,who Li are personally known to
me, or ['have produced Fl. DL a P.'city t,C.1
as identification. i,
ROTARY PUBLICSTATE OF FLORIDA Not ublic-Signature
[Notary Seal] •w;Catherine J.S.Nadeau Notary gl
' Commission#EE123077
_,, f Expires: SEP.02,2015
soxn�That,A ioneBovnamca.ntc. Printed Name:
My Commission Expires:
Page 2 of 5
Exhibit "B"
Page2of6
OR 4978 PG 3709
In witness whereof,Assignee has hereunto set Assignee's hand and seal the day and year first
above written.
Signed,sealed and delivered in our presence:
ly
Print Nate: Nancy E.Kar4ellas,as Trustee of the
/ Karvellas(Florida,2012)Family Trust
Anna-Merle Joubert
Barrister and Solicitor
(, otary Public
PrintN eA�T' * R ci���T�
wRrw /,,►9
Banteet&Sallow I NADA,way �VJ
ALBERTA CAN
County ofiada r Province of Fa haw O E_,
tA
The foregoing instrum acknowledged be - git.` I day of OCI
2013, by Nancy E. Karvellas, ' stee of the Karve 't 'o .' 012) Famil T who U 's 1
personally known to me,or) `� . • aced • • (S ., _•1__ l E v i v l
as identification. Q ,
CMC
Via:,
[t�otary.Seal] Notary Pub r
Printed Name: t'ItI v(.J .t
r.
f My Commission Expires: t��
}` ealrra iailra Nary Punic
ALBERTA'CJNAOA
Pago3 of 5
Exhibit "B"
Page3of6
OR 4978 PG 3710
Signed,sealed and delivered in our presence:
Print N: _. O L Darlene W.Scott,as Trustee of the
Karvellas(Florida,2012)Family Trust
Prrr Nam : ivi.FR►r 2oPf*Cr
10 )$1t CO
C
County of Canada
Province of
.:
The foregoing instru -. . •vWe • • ` is day off c--\-^oNo
2013, by Darlene W. Scott, an of a rve'.= .„,07,) Family Trust,,whos
personally la►own to me, or •roduced .1. ARV
as identification. ' FM II
o�
[Notary Seal] Notary Public Signature ;-",t.":?-:.;41
AMY B.O1ElI
eARRISTWAIS 01 "�°
Printed Name - -. � :
My Commission Expires:T;;.-_L .
Page 4 of 5
Exhibit "B"
Page 4 of 6
OR 4978 PG 3711
Signed,sealed and delivered in our presence:
I ; 1 A
PrintN:e7e:
4111PLWRIF.,.rM.', ce M.1%arvellas, rustee of the
Katvellas(Florida,2012). Family Trust
■ DC'
PrintN e: l
O -8V,RCQ
G .
County ofCards Mgdis o . 0 p
Ea:witfce of A1v1.bwv o,
Sit
1 V
The foregoing instrum acknowledged be • me 4is , day of (kick( ,
2013, by Candace M.Karvell r +rustee of the Kam •ri1, 12)Family Trust,who u is
personally known to me,or Di ced 1 r\r et L,?4 1 .
as identification.
CIRCA)
[Notary Seal] Notary Public.-Signature
PrintedMune: Attya4o:5 t"..trcllC'Etd
My Commission Expires: lt:2'1-2014.
Page 5of5
76211162 1 127993.0001
Exhibit "B"
Page 5 of 6
°A4 OR 4978 PG 3712 °**
EDIT"A" •
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LEE COUNTY
BONITA BEACH ROAD _
C - 865 _
COLLIER COUNTY
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•
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/ LELY BAREFOOT BEACH UNIT ON
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Exhibit "B"
Page 6of6