HEX Final Decision 2016-36 HEX NO. 2016—36
HEARING EXAMINER DECISION
PETITION NO. BD-PL20150002584— Gordon and Barbara Kellam request a 26-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 46 feet, to accommodate a new docking facility
for the benefit of Lot 21, Landings at Bear's Paw, also described as 1688 Vinland Way, in
Section 35, Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: September 22, 2016
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
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 should be approved.
ANALYSIS:
This application was originally opposed by various neighbors across the waterway from this
location. As such, the application was continued from its original hearing date so the applicant
could attempt to address the concerns of the neighbors. In order to do so, the applicant reduced
the extension request to 44 feet from the property line, limited the boat dock protrusion to no
more than the required twenty-five percent (25%) of the water body width, and reduced the
overall decking that was proposed.
This application is within a recently approved Planned Unit Development (Landings at Bear
Paw, Ordinance 13-66, as amended). At the time of site development activities the developer
modified the shoreline to create a rip-rap shoreline extending from the rear property lines into the
water body. This modified the mean high water line and as a result, the property line is a greater
distance landward of the mean high water line. The Land Development Code requires that dock
extensions must be measured from the most restrictive point, which in this situation defaults to
the property line, which is 14 feet landward of the mean high water line. This results in an
extension request 14 feet beyond that needed into the actual waterway. The mean high water
line is a measurement of the actual water body shoreline interface.
This dock protrusion is thirty feet from the mean high water line and allows the dock to be
placed within a minimum depth needed to safely provide boat access while still restricting the
extension to no more than twenty five percent 25% of the width of the water body. If measured
from the rear property line the overall protrusion is 44 feet from that more restrictive line.
[16-CPS-01537/1289014/1]64 1 of3
One member of the public attended this meeting and addressed concerns involved with debris
collection on additional pilings in the waterway and the concern over additional obstructions
built within the canal.
The applicant acknowledged that hydrilla and other grasses will collect on the pilings and
maintenance was expected, and the applicant is aware of the ongoing maintenance responsibility.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20150002584, filed by Jeff Rogers
of Turrell, Hall, & Associates, Inc., representing Gordon and Barbara Kellam, for a 24-foot boat
dock extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 44 feet to accommodate a new docking facility on the property located at 1688
Vinland Way, Naples, Florida 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 of LANDINGS AT BEAR'S PAW, according to the Plat
thereof as recorded in Plat Book 56, Pages 5-6, of 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. Only one access will be permitted for the dock, as shown on the attached Proposed Site
Plan.
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.
[16-CPS-01537/1289014/1}64 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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Date Mark ..train, Hearing Examiner
Approved as too•rm and legality:
S •ttt Stone
Assistant County Attorney
[l6-CPS-01537/1289014/1]64 3 of3
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P.0005.3•Kellam DockkCADISHEETW ERMR•STATEti005 3 KELLAM STATE.tlwg PROPOSED W DIM 9/2312016
Exhibit "A"