HEX Final Decision 2017-26 HEX NO. 2017—26
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20170000573 — Luke Larson requests a 4.5 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 24.5 feet to accommodate a boat dock facility with one vessel for
the benefit of Lot 288, Isles of Capri No. 2 subdivision, also described as 143 Tahiti Street,
in Section 32, Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 12, 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.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20170000573, filed by Patrick
Scheele of Turrell, Hall & Assocates, Inc., representing Thomas Luke Larson, for a 4.5-foot boat
dock extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 24.5 feet to accommodate a docking facility on the property 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 288, of ISLES OF CAPRI,NO. 2, according to the Plat thereof,
as recorded in Plat Book 3, at Page 46, of the Public Records of Collier County, Florida.
[17-CPS-01663/1363320/1]23 1 of 2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. Exhibit A aerial site plan indicates an existing structure on the east side of the requested
dock that is within the side setback. This structure shall be removed prior to any final inspection
of the requested dock facility.
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.
- , L A;
Date Mar' Strain, Hearing Examiner
Appr j ed as Io form and legality:
't
Scott A Stone
Assistant County Attorney
[17-CPS-01663/1363320/1123 2 of 2
411 4
01
°z .a ti Z
.y.,,,,,.. .,
z ;4L : u ill
w
wiii ,,,,,, ,-„-cr, Itilli (e!i'
, f
` . «af
/ 1
II
d�zznaa�¢a -z3,4-`v,(--;
aN !gill'
ilri
r:!-ii ! :e KhQw 0 II 0000 rpcZteo r ?i sees®rc sazZ WR IE :f > Y °�KLL2 �NtR • WO WO w NZ O wwwlokK<g nQ_ Q Oeo'�°o1� aaoggO O 22o ,o ,233wcm Zzgi