HEX Final Decision 2017-22 HEX NO. 2017—22
HEARING EXAMINER DECISION
PETITION NO. BD-PL20160003640 — GLG Waterfront Builders, LLC requests a 20-foot
boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Collier
County Land Development Code for a total protrusion of 40 feet to construct a docking
facility to accommodate two vessels for the benefit of Lot 31, Bayfront Gardens
subdivision, also described as 191 Bayfront Drive, in Section 6, Township 48 South, Range
25 East, Collier County, Florida.
DATE OF HEARING: August 24, 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 objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing. Ten letters of no objection were
received from property owners in the area.
This extension provides the necessary area for a walkway and vessel lifts beyond the shoreline's
mature mangrove canopy. The remaining waterway between this dock extension and the
mangroves on the opposite side of the waterway provide in excess of fifty feet of navigable
waterway.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20160003640, filed by Holly
Lindsly and Bill Nelson of Greg Orick II Marine Construction, Inc., representing GLG
Waterfront Builders, LLC, for a 20-foot boat dock extension over the maximum 20 feet allowed
by the Land Development Code for a total protrusion of 40 feet to construct a docking facility to
accommodate two vessels on the property located at 191 Bayfront Drive 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
[17-CPS-01652/1360237/1179 1 of 2
LEGAL DESCRIPTION: Lot 31 of Bayfront Gardens, a subdivision in Section 6, Township
48 South, Range 25 East, according to the plat thereof recorded in Plat Book 14, pages 114
through 117, of the Public Records of Collier County, Florida, less and except the portion thereof
described as follows: Commencing at the Southeast corner of said Lot 31 go South 68° 08 07
West along the Southerly line of said Lot 31 for 133.30 feet to the Southwest corner of said Lot
31; thence go North 18° 04 05 West along the Westerly line of said Lot 31 for 16.63 feet to the
Point of Beginning; thence go North 18° 04 05 West along the Westerly line of said Lot 31 for
95.48 feet; thence go South 81° 39 04 East for 28.88 feet; thence go South 00° 41 06 East for
86.58 feet to the Point of Beginning.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The combined maximum length of vessels using this dock facility shall be no greater than
sixty-three feet, seven inches (63'7"), which is the surveyed length of the shoreline.
3. Issuance of a certificate of occupancy for the dock facilities shall not occur prior to the
certificate of occupancy for the principal dwelling.
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.
S 31 UU w�- 14. � .
Date Mark Strain, Hearing Examiner
Approved as to form and legality:
diAtott A
Peidi F. Ashton-Cicko
Managing Assistant County Attorney
[17-CPS-01652/1360237/1]79 2 of 2
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Exhibit "A"