HEX Final Decision 2017-35 HEX NO. 2017—35
HEARING EXAMINER DECISION
PETITION NO. BD-PL20170000541— David Bautsch requests a 36.46-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 56.46 feet, to accommodate a new docking facility, including
a new boathouse, for the benefit of Lot 9, Block F, Replat of Unit No. 3 Little Hickory
Shores, also described as 297 3rd Street, in Section 5, Township 48 South, Range 25 East,
Collier County, Florida.
DATE OF HEARING: December 14, 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 written objections were received for this application and no member of the public spoke in
opposition. Prior to the current dock layout, staff had received a phone call from a neighbor
concerned about their view. The current dock layout reduces the extension that was initially
requested from 36.46 feet to the revised request (attached as Exhibit A) of 33.16 feet and the
requested setbacks are in excess of those required by the Land Development Code.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20170000541, filed by Holly
Lindsly and Bill Nelson of Greg Orick II Marine Construction, Inc., representing David Bautsch,
for a 33.16-foot boat dock extension over the maximum 20 feet allowed by the Land
Development Code for a total protrusion of 53.16 feet to accommodate a docking facility,
including a new boathouse, 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 9, Block F, Replat of Unit No. 3, LITTLE HICKORY
SHORES, per plat thereof recorded at Plat Book 6, Page 2, Public Records of Collier County,
Florida.
[17-CPS-01657/1363338/1]33 1 oft
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. J
ZO — 2.0(1 c(AIA PALL/N.
Date Malik Strain, Hearing Examiner
Ap roved as t form and legality:
Sco A Stone
Assistant County Attorney
[17-CPS-01657/1363338/1]33 2 of 2
_ _ I
1
0 G) ____ . ..._ ____ __
• Nz �
w (i) G) r- Po I
a,
T
(D C
csiLii z
00 Z — -
n m
C3 1
cA ..
v 0
• ro
0 w icol Q
w N 3
k.4 04. ( �•
-. b
JI J1 c
\ \\* 1
• ..1
iii
n y I
4.
l
w ,.
•
I
> > _ -4 :-
•CS -a !L.:
0 0 to
a, I
'Ut10 :.,
` o rn ,
o
w
1
I
® I
o T €' I
o i {
m_
i r
0 eirA72446.„ .
i D
ra
u,
v
I
Exhibit "A"