HEX Final Decision 2016-28 HEX NO. 2016—28
HEARING EXAMINER DECISION
PETITION NO. VA-PL20150001706 — 606 Sunset Ct. Trust requests a variance from
Section 5.03.06 E.5. of the Land Development Code to reduce the side setback requirement
for boat dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 7.5
feet for a proposed replacement boat dock facility that will be constructed approximately
7.5 feet from the riparian line on both sides of the boat dock facility, located at Lot 14,
Block E, Goodland Isles First Addition, also described as 606 Sunset Court in Section 18,
Township 52 South, Range 27 East, Collier County, Florida.
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 each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
Other than representatives of the applicant, there were no members of the public in attendance
for this item and no objections were received by staff. The applicant provided six letters from
neighboring property owners that did not object to this application.
This property includes an existing marginal non-conforming dock that extends approximately
from property line to property line. Documents supplied by the applicant indicate this condition
existed from the mid to late 1980's. The current variance application substantially reduces this
non-conformity.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20150001706 filed by Matthew L.
Jones on behalf of The 606 Sunset Court Trust, Alexander Oppliger as Trustee, for a variance
from LDC Section 5.03.06 E.5. to reduce the side setback requirement for boat dock facilities on
lots with water frontage of 60 feet or greater from 15 feet to 7.5 feet for a proposed replacement
boat dock facility that will be constructed approximately 7.5 feet from the riparian line on both
sides of the boat dock facility, on property located at 606 Sunset Court, Goodland, Florida, and
further described herein, as shown in the Survey Sketch attached as Exhibit "A", and as subject
to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Survey Sketch
[16-CPS-01511/1269878/1]38 1 oft
LEGAL DESCRIPTION: Lot 14, Block E, Goodland Isles First Addition, according to the
Plat thereof as recorded in Plat Book 8,pages 1 and 2, 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.
tc, COU ( Alf
Date Mark .train, Hearing Examiner
Ap oved as to orm and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01511/1269878/l]38 2 of2
Dods Specs
8"2.5cca treated PVC wrapped pilings
Stainless steel bolts and deck screws
2"x8 cca rough sawn stringers Exhibit A
AZEK(Original Harvest collection)decking
Lift Specs
8"-10"Butt Pilings cca treated pvc wrapped pilings
Stainless steel hardware
Manmade Canal
Proposed
Dock Addition
(190 Sq Ft.) 1
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oposed Proposed
Proposed 0.000 Lb 4 7,000 Lb 12
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20 4' 284" 12' 1' ,
Proposed f, `� i i Proposed
Removal of f • �` 1 Removal of
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Name Oppliger
Address 606 Sunset Ct.
North AltNelson .
marine cons ructionX16 Approval