HEX Final Decision 2017-10 HEX NO. 2017— 10
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20160002607 — Joe Castrogiovanni requests a 22-foot boat dock
extension over the maximum 20 feet limit in Section 5.03.06 of the Land Development Code
for a total protrusion of 42 feet to accommodate a boat dock facility with two vessels for the
benefit of Lot 190, Isles of Capri No. 2 subdivision, also described as 168 Pago Pago Drive
W. in Section 32, Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: April 13, 2017
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 should be approved.
ANALYSIS:
No opposition to this application was received and no members of the public other than
the applicant were in attendance for this application. The applicant supplied a revised
dock configuration reducing the boat length and dock square footage.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20160002607, filed by Patrick
Scheele of Turrell, Hall & Associates, Inc., representing Joe Castrogiovanni, for a 22-foot boat
dock extension over the maximum 20 feet allowed by Section 5.03.06 the Land Development
Code for a total protrusion of 42 feet to accommodate a docking facility for two vessels on the
property located at 168 Pago Pago Drive W. 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 190, Isles of Capri No. 2, according to the map or plat thereof
as recorded in Plat Book 3, Page 46, of the Public Records of Collier County, Florida.
[16-CPS-01619/1332750/1]25 1 of2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Subject to the approval of building permit PRBD20160621062 and the Certificate of
Occupancy of the single family dwelling.
3. Total combined boat length (motorized vessels) shall not exceed 52 feet.
4. Total decking shall not exceed 678 square feet.
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 TH ZONING MAP FOR
INFORMATIONAL PURPOSES. �I
Date Mark Strain, Hearing Examiner
Approved as to fo and legality:
Viati I I 11101°.
Scott A S''ne
Assistant County Attorney
[16-CPS-01619/1332750/1125 2 of 2
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