HEX Transcript 04/27/2017 April 27,2017 HEX Minutes
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
April 27,2017
LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of
Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800
North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present:
HEARING EXAMINER MARK STRAIN
ALSO PRESENT: Raymond V.Bellows,Zoning Manager
Rachel Beasley,Planner
Scott Stone,Assistant County Attorney
•
Page 1 of 4
AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 27, 2017 IN CONFERENCE ROOM 610 AT
THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800 N.
HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE
HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS,
AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO
RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. APPROVAL OF PRIOR MEETING MINUTES:
4. ADVERTISED PUBLIC HEARINGS:
NOTE: This item was continued from the April 13, 2017 HEX Meeting.
A. PETITION NO. VA-PL20160002424 – Monica Calvert Hawn Revocable Living Trust requests a
variance from Section 4.02.01 A., Table 2.1 of the Land Development Code to reduce the minimum rear
yard setback line from 25 feet to 18.9 feet for a single family house with a lanai that will be enclosed, on
property located at Lot 4, Block H, Lakewood Unit 1 subdivision, also described as 412 Marathon
Court, approximately ½ mile north of Tamiami Trail East and just east of Lakewood Boulevard, in
Section 13, Township 50 South, Range 25 East, Collier County, Florida. [Coordinator: Rachel Beasley,
Planner]
NOTE: This item will not be heard at this meeting, and it will be re-advertised for the Collier County
Planning Commission at a later date.
B. PETITION NO. BDE-PL20160001764 – Windover 258 6th LLC requests a 13.4-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 33.4 feet, to accommodate a new boat dock facility with one boat slip for the benefit
of Lot 20, Block E, Little Hickory Shores Unit No. 2 subdivision, also described as 258 6th Street West,
on the south side of 6th Street West, approximately one-quarter mile west of West Avenue, in Section 5,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Rachel Beasley, Planner]
NOTE: This item will not be heard at this meeting, and it will be re-advertised for the Collier County
Planning Commission at a later date.
C. PETITION NO. BDE-PL20160000481 – Windover 254 6th LLC requests a 12.5-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 32.5 feet, to accommodate a new boat dock facility with one boat slip for the benefit
of Lot 21, Block E, Little Hickory Shores Unit No. 2 subdivision, also described as 254 6th Street West,
on the south side of 6th Street West, approximately one-quarter mile west of West Avenue, in Section 5,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Rachel Beasley, Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
April 27,2017 HEX Minutes
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,April
27th meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you. We'll move right into the agenda.
Review of the agenda: There are three items initially scheduled for today. Item 4A(sic)and 4B will
be moved to the Planning Commission. A date will be supplied by staff as soon as it's available. For the
record,4A is Petition No.VA-PL20160002424. I'm sorry. It's 4B and 4C. 4A is the one that was continued
from last time.
So 4B is Petition No.BDE-20160001764,and 4C is Petition No. BDE-20160000481. Both of those
are for dock extensions on Windover Avenue,by Windover,258 6th,LCC(sic),and 254 6th,LCC(sic).
If you're here for those dock extensions today,they will not be heard today. They will be rescheduled
with the Planning Commission at some time in the future.
That takes us to the approval of the prior meeting minutes. There are none to be approved,so we'll
move right into the only advertised hearing today,and this is an item continued from the April 13th Hearing
Examiner meeting. It's Item 4A,Petition No.VA-PL20160002424,the Monica Calvert Hawn Revocable
Trust request for a variance for a rear yard setback.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: This may be a rather short hearing on this particular item,I
believe.It will depend on if there's anybody here in opposition to this rear yard setback in the--it's
Marathon--412 Marathon Court variance. Anybody opposing that?
(No response.)
HEARING EXAMINER STRAIN: Okay. For the benefit of the applicant,who I notice is here,I
have reviewed all of the staff report. I reviewed the application. I do not have any questions. The staff
report was very complete. Included in the staff report were four letters of support,and there were no letters of
objection.
So I don't need a presentation. I don't have any questions of you. It's pretty open and shut as far as
what you're requesting.
Rachel,from a staffs perspective,do you have a staff report,any staff comments?
MS.BEASLEY: Rachel Beasley,for the record.
There is a staff report that was submitted,and staff is recommending an approval of the request.
HEARING EXAMINER STRAIN: Are there--I know that we've got four letters of support. Did
you receive any communications of any kind in objections?
MS. BEASLEY: I received one phone call from someone across the body of water. Once they
found out what it was,they had no issues.
HEARING EXAMINER STRAIN: Okay. Thank you.
As far as my disclosures, I have talked with staff about this a couple times,especially over the
continuance. I've reviewed all the files that were sent and the plats and everything to do with property.
And I'm going to double-check to make sure I didn't have any notes down here that staff may have to
address. No,I do not.
Is there any member of the public here who would like to speak on this matter?
(No response.)
HEARING EXAMINER STRAIN: Hearing none,we'll close that particular hearing, Petition No.
VA-PL20160002424,and a decision will be rendered within 30 days;most likely within about a week to 10
days we'll have an answer to you. That's all there is to it.
Page 2 of 4
April 27,2017 HEX Minutes
So thank you all for attending. You showed up last time,and we had to continue it because of an
advertising error,so I appreciate your attendance again today. Without the opposition,the petition is pretty
straightforward,so there's no issue at this point.
Sir, if you want to use the microphone.
MR.HAWN: Sure. I just have a question.
HEARING EXAMINER STRAIN: Yeah. You have to identify yourself for the record.
MR. HAWN: My name is Michael Hawn. I happen to be married to the woman that owns the trust.
And you mentioned within maybe a week's time. Will we be notified by mail or from Tatiana? From Mrs.
Beasley?
HEARING EXAMINER STRAIN: You'll probably be sent an email; it usually comes out in email.
The planner gets a copy. If there's an email for the applicant on record,which there usually is,we send a copy
to that email address and maybe Tatiana,whoever filled out the application.
Rachel,do you know?
MS.BEASLEY: Generally the email goes out to me and the applicant with the decision that was
rendered by the HEX,but--
MR. HAWN: Thank you.
MS.BEASLEY: --regardless, I'll make sure that you get it once I receive it.
MR.HAWN: All right. Thanks.
HEARING EXAMINER STRAIN: Thank you. It's a clean application,so I appreciate your
indulgence.
Okay. Is if there's anybody else wishing to talk on this particular item?
(No response.)
HEARING EXAMINER STRAIN: Okay. We'll close that public hearing. Now,there are no other
public hearings today. Everything else has been continued or moved to the Planning Commission,and that
is--the other two items on the agenda were for the docks at--I'm trying to--the Windover docks at 258 and
254 6th, LLC,6th Street,I think it is,LLC, Anybody have any questions on those docks?
(No response.)
HEARING EXAMINER STRAIN: I see there's two members of the public here.
Sir,they've been moved to the Planning Commission because of the heightened concern by the public
in regards to the accessway and the docks'lengths into the waterway,and Rachel will establish a date for those
hearing.
And what's the notice procedure for a rehearing--for something that gets moved like that, Rachel?
MS.BEASLEY: It's the same procedure as the HEX,so it's a letter that goes out within 500 feet,and
then also an advertisement in the Naples Daily News.
HEARING EXAMINER STRAIN: Okay. So if you gentlemen received notices in the past for this
meeting,you'll receive notices again for the new rescheduled meeting.
Does anybody--and that takes us to the end of our agenda. Is anybody here that has any--would like
to make any public comments?
(No response.)
HEARING EXAMINER STRAIN: Okay. Hearing none,this meeting is adjourned. Thank you,
all.
Page 3 of 4
April 27, 2017 HEX Minutes
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:07 a.m.
COLLIERCOUNTY N ING EXAMINER
MARK STRAIN, HEARING EXAMINER
ATTEST
DWIGHT E. BROCK.CLERK
These minutes approved by the Hearing Examiner on � ' ,as presented 1,-Z-
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC.,
BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC.
Page 4 of 4