HEX Final Decision 2016-25 HEX NO. 2,016—25
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150002429— Sandy Beach, LLC requests a variance from Section
5.03.06 E.6. of the Land Development Code to reduce the side setback requirement for boat
dock facilities on lots with less than 60 feet of water frontage from 7.5 feet to 3.5 feet for a
proposed boat dock facility with two boat lifts that will be constructed approximately 3.5
feet from the riparian line on both sides of the boat dock facility, located at Lot 21, Block
G, Replat of Unit No.3 Little Hickory Shores, also described as 267 3rd Street West, in
Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Companion to BD-
PL20150000037]
AND
PETITION NO. BD-PL20150000037 — Sandy Beach, LLC, requests a 30-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 50 feet, to accommodate a new boat dock facility with two
boat lifts to replace the existing marginal boat dock facility for the benefit of Lot 21, Block
G, Replat of Unit No. 3 Little Hickory Shores, also described as 267 3rd Street West, in
Section 5, Township 48 South, Range 25 East, Collier County, Florida. [Companion to VA-
PL20150002429]
DATE OF HEARING: July 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 Sections
5.03.06 and 9.04.03 of the Land Development Code has been met and both petitions should be
approved.
ANALYSIS:
Although these petitions were presented as two separate agenda items at the hearing, they are
being addressed within one Hearing Examiner Decision. Other than representatives of the
applicant, there were no members of the public in attendance for these items and no objections
were received by staff.
[15-CPS-01487/1269828/1]45 1 of 3
DECISION:
The Hearing Examiner hereby approves Petition Nos. VA-PL20150002429 and BD-
PL20150000037, filed by David Turley of ADK Permitting Solutions LLC, representing Sandy
Beach LLC, to allow the following:
1. a variance from Section 5.03.06 E.6. of the Land Development Code to reduce the side
setback requirement for boat dock facilities on lots with less than 60 feet of water
frontage from 7.5 feet to 3.5 feet; and
2. a 30-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 50 feet.
These approvals are to accommodate a proposed boat dock facility with two boat lifts (to replace
the existing marginal boat dock facility) that will be constructed approximately 3.5 feet from the
riparian line on both sides of the boat dock facility on the property located at 267 3rd Street West
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 21, Block 0, Replat of Little Hickory Shores Unit 3, a
subdivision according to the plat thereof recorded at Plat Book 6, Page 2, in the Public Records
of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Prior to or concurrent with obtaining a building permit for the dock, the owner shall
obtain a Right-of-Way permit for access improvements to prevent damage to the roadway
and drainage system.
3. This dock is private in nature and shall not be used for rental purposes.
4. This dock shall not be used for any commercial purposes, including the mooring of
commercial boats.
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.
[15-CPS-01487/1269828/1]45 2 of3
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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[ tom �
411
Date Mark Strain, Hearing Examiner
Appr ed as to fo and legality:
I
Sco A. Stone
Assistant County Attorney
[15-CPS-01487/1269828/1145 3 of 3
•
\ \ WATERWAY NOTE:
WATERWAY WIDTH FROM MEAN HIGH WATER LINE
— 257 WIDTH OF WATERWAY LINE AT SEAWALL 440'±
r x6.97 DOW /...--;-\----
110'± FROM SEAWALL WITH 100'± OF NAVIGABLE WATERWAY BEYOND
END OF DOCK.
\ x 6.96 DOW
... LITTLE I-
\
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\ \ x 7.36 DOW ill
\ x7.37 DOW V.10.,„.,.---RIPARIAN RIGHTS LINE
WATER LINE NOTE:
\ \
MEAN HIGH WATER LINE 1.22' NGVD 29 DATUM
AT FACE OF SEAWALL I
\ \ MEAN LOW WATER LINE 0.40' NGVD 29 DATUM
AT FACE OF SEAWALL
\ x776 DOW DOW = DEPTH OF WATER AT MEAN LOW WATEF
BOTTOM ELEVATION AT SEAWALL - 0.21 AVG,
RIPARIAN RIGHTS UNE
PROP\ ED DOCK AREA-444 SQUARE FEET
\\ \r„.0_,„. 3.5'
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PROPOSED
�i - SED BOAT LIFT AREA=137 SQUARE FEET
PROPOSED BOAT UFT AREA=137 SQUARE FEET ...4 28' BOAT
�: 3.5'
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v9 , TOP OF NEW SEAWALL WIL BE CONSTRUCTED TO MATCH ".-
EXISTING SEAWALL AVERAGE ELEVATION OF 5.67'
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Exhibit "A"