HEX Final Decision 2017-11 HEX NO. 2017— 11
HEARING EXAMINER DECISION
PETITION NO. BD-PL20160002220— Brian Coe requests a 24-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 44 feet, to accommodate a new docking facility for the benefit of Lot 22,
Landings at Bear's Paw, also described as 1692 Vinland Way, in Section 35, Township 49
South, Range 25 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:
Two letters of objection were received, no members of the public attended this meeting. The
dock proposed is consistent with other dock approvals in this immediate area and meets the
criteria required by the Land Development Code. The distance from mean high water is 29 feet
and 44 feet from the property line, and per the applicant, is the minimum needed to clear the toe
of the rip rap shoreline and establish the minimum water depth for vessel depth.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PLPL20160002220, filed by Patrick
Scheele of Turrell, Hall & Associates, Inc., representing Brian Coe, for a 24-foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 the Land Development Code for
a total protrusion of 44 feet to accommodate a docking facility for the benefit of property located
at 1692 Vinland Way 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 22, 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.
[16-CPS-01610/1332767/1]46 1 of 2
HEX NO. 2017— 11
HEARING EXAMINER DECISION
PETITION NO. BD-PL20160002220— Brian Coe requests a 24-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 44 feet, to accommodate a new docking facility for the benefit of Lot 22,
Landings at Bear's Paw, also described as 1692 Vinland Way, in Section 35, Township 49
South, Range 25 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:
Two letters of objection were received, no members of the public attended this meeting. The
dock proposed is consistent with other dock approvals in this immediate area and meets the
criteria required by the Land Development Code. The distance from mean high water is 29 feet
and 44 feet from the property line, and per the applicant, is the minimum needed to clear the toe
of the rip rap shoreline and establish the minimum water depth for vessel depth.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PLPL20160002220, filed by Patrick
Scheele of Turrell, Hall & Associates, Inc., representing Brian Coe, for a 24-foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 the Land Development Code for
a total protrusion of 44 feet to accommodate a docking facility for the benefit of property located
at 1692 Vinland Way 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 22, 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.
[16-CPS-01610/1332767/1]46 1 of 2
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. a ,
Date Mar, Strain, Hear g Examiner
Approv as to fo and legality:
Scott A tone
Assistant County Attorney
[16-CPS-01610/1332767/1]46 2 of 2
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