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HEX Final Decision 2018-05 HEX NO. 2018—05 HEARING EXAMINER DECISION PETITION NO. BDE-PL20170002620 — Collier Seawall & Dock, LLC requests a 5-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 25 feet to construct a docking facility to accommodate two vessels for the benefit of Lot 23, Block E, Goodland Isles 1st Addition, also described as 623 Sunset Drive, in Section 18, Township 52 South, Range 27 East, Collier County, Florida. DATE OF HEARING: April 12, 2018 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. The Applicant supplied letters of no objection from the abutting neighbors. DECISION: The Hearing Examiner hereby approves Petition No. BDE-PL20170002620, filed by Shalonda Washington of Reliable Permitting, representing Collier Seawall & Dock, LLC in regard to property owned by David R. and Sharon L. Horst, for a 5-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 25 feet to construct a docking facility to accommodate two vessels 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 23, Block E, GOODLAND ISLES FIRST ADDITION, according to the map or plat thereof, as recorded in Plat Book 8, Pages 1 and 2, of the Public Records of Collier County, Florida. [17-CPS-01697/1406923/1152 1 of 2 CONDITIONS: 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. A maximum number of two boats shall be permitted to be moored within the dock facility. 1 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. to,t, ,/dhc _.____, Date Mar Strain, Hearing Examiner Approved as to form and legality: ,, �N 1.. H idi F.hton-�ko Managing Assistant County Attorney [17-CPS-01697/1406923/1]52 2 of 2 instruction\HORST,DAVID\2015VOBS\ACTIVE 1OB\623 SUNSET DR.-SWSP&INSTALL NEW LIFT\CAD\HORST LIFT.dwg,ANSI full bleed A(11.00 x 8.50 Inches) co ee O YN \NE ' Z z PRopER" Y: m .- U Z I I 0 0 w Y CD O Q 17 AD, J O W ,..,y �• I N H J CO W Q CO ..I w a- : W W ''?` H EL N aEt I oJ tocc •,F c 1 J a 0IIo{ 01 LU Jw�� ' ` zN::411 .t; i__.:4.k w ___HI j-. < i co 0 ,......." :=1 E .24 .6034c. 1111111, w i iiisci if ..—" fjp, I i_oc,L-u :0+, '.rl v I C:1 O 's z � • (n 0 W W I— Ch rc` UJ 7.Q 0 / J / /..)'/1/, �d Exhibit "A" 1