HEX Final Decision 2017-28 HEX NO. 2017—28
HEARING EXAMINER DECISION
PETITION NO. BD-PL20160003559 —4011 Belair Lane, LLC requests a 15-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 35 feet, to accommodate a new boat dock facility for the
benefit of Lot 88, Southport on the Bay, Unit One, also described as 181 Topanga Drive, in
Section 6, Township 48 South, Range 25 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-PL20160003559, filed by Jeff Rogers
of Turrell, Hall & Assocates, Inc., representing 4011 Belair Lane, LLC, for a 15-foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 35 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 88, SOUTHPORT ON THE BAY, UNIT ONE, according to
the Plat thereof recorded in Plat Book 15, Pages 51 through 53, of the Public Records of Collier
County, Florida.
[17-CPS-01658/1363333/1]39 1 of2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. A certificate of occupancy for the dwelling (principal structure) shall be obtained prior to
a certificate of completion for the 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 VARIANC S, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON HE Z
i NING MAP FOR
INFORMATIONAL PURPOSES.
- 11 ' (.7 alL'L ,
Date Mar Strain, Hearing Examiner
Appri ed as to f. and legality:
Scott Stone
Assistant County Attorney
[17-CPS-01658/1363333/1}39 2 oft
0 >
61, w
> N
N
Exhibit "A"
W
zm0
E >
Z ww.
ww CC
`re
+4. '.;kCi: ��W Oe NX ..y s3 (1zzFFaa N � ry ow ¢ =
::,,,;:al
N
���� fmii . . j
Ww K pN m c vi OLLK K 6 °No �oawWoZWSKO Sew'..jl - $ O O��.��>zowF- orc o � Zo��>�a°O¢33uW0
ywW_a8c01- z z w .. z W x0 D ax ° ¢ a 3 a z w
p•-.. (31!
V K -, 2 (n
❑ ❑ 41
0
X w ��..�
0 .
LI oz ,per �£ 1 / 0I
z
00 ! z / u)
N_
M 2
..� ..r uJ — w / u
Lu m
in_ J
zw / a
o - zw
ix
0 < / ••
p...„,.....
�.� .�� ,
/iii. /
.•=•..• 4 / Q
/
'vd-i14/ dOei 'Tr****** \
- / cgE '\ ******** =-.LT. r-- c'ri,
c
"„..• E cu
�.„ o Z ,o
Ill
!w
—I M
n
J A\
p:\1104.1-tabrizi 181 topanpa\CAD\PERMIT-COUNTY\1104 FABRIZI CNTV.dwp 9302x1 JE 8/31/2017