HEX Final Decision 2016-14 HEX NO. 2016— 14
HEARING EXAMINER DECISION
PETITION NO. BD-PL20150002551— Mark and Nicole Scudillo request a 5.2-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 25.2 feet, to accommodate a new docking
facility with a new boathouse for the benefit of Lot 25, Block S, Conner's Vanderbilt Beach
Estates Unit No. 3, also described as 117 Egret Avenue, in Section 29, Township 48 South,
Range 25 East, Collier County, Florida.
DATE OF HEARING: April 28, 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:
Staff has received no communications in opposition to this application and no members of the
public, except the applicant, were in attendance. The staff report stated an excessive decking
condition existed with this dock application. After discussion with the applicants' representative,
a modified plan was provided with a reduction in overall decking (see Exhibit A).
The boat house is designed larger than the current boat slip and during testimony the applicants'
representative stated that this was needed for expansion when a planned larger vessel was
acquired.
DECISION:
The Hearing Examiner hereby approves Petition No. BD- PL20150002551, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Mark and Nicole Scudillo, for a 5.2-foot boat
dock extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 25.2 feet to accommodate a docking facility with boathouse 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
[15-CPS-01509/1252994/1]44 1 oft
LEGAL DESCRIPTION: Lot 25, Block "S", Conner's Vanderbilt Beach Estates, Unit No. 3,
per Plat thereof recorded at Plat Book 3, Page 89, Public Records of Collier County, Florida.
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.
r _ - ZoIto L c fiv(-Cy ,
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
Scott Stone
Assistant County Attorney
[15-CP S-01509/1252994/1]44 2 of 2
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