HEX Transcript 04/12/2018April 12, 2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida
April 12, 2018
LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of
Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800
North Horseshoe Drive, Room 609/610, Naples, Florida, with the following people present:
HEARING EXAMINER MARK STRAIN
ALSO PRESENT: Raymond V. Bellows, Zoning Manager
James Sabo, Principal Planner
Heidi Ashton-Cicko, Managing Assistant County Attorney
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY, APRIL 12, 2018 IN CONFERENCE ROOM 610
AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING & REGULATION BUILDING, 2800
N. HORSESHOE DRIVE, NAPLES, FLORIDA
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY
THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS
INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO
COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING
PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF
COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT,
PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING
EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A
COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME,
ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS
WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL
ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. ADVERTISED PUBLIC HEARINGS:
NOTE: This item has been continued from the March 8, 2018 HEX Meeting
A. 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. [Coordinator: James Sabo, AICP, Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
April 12, 2018 HEX Meeting
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning, everyone. Welcome to the Thursday, April
12th meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you. We only have one item on today's agenda, so we'll
move through things pretty quickly.
Speakers are limited to five minutes unless otherwise waived. Decisions are final unless appealed to
the Board of County Commissioners, and that decision will be rendered within 30 days.
***The only item on the agenda is No. 3A. It's Petition No. BDE-PL20170002620, Collier Seawall &
Dock, LLC.
All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Disclosures on my part: I have talked with staff prior to the
meeting. I talked to the gentleman from Collier Dock & Seawall when I came in this morning. Other than
that, other than the notes from the staff report, I have nothing else.
And, first, is there --I don't see any members of the public here. I'll just ask again. Is there anybody
here from the public for this item?
(No response.)
HEARING EXAMINER STRAIN: Hearing none, we can move right into it. I have read the
documents. The only question I had I posed to staff yesterday. They have, I believe, contacted the applicant,
and the applicant is here to provide a new document for the record; one page.
Sir, would you mind coming up to the microphone and identifying yourself.
MR. GILMORE: Yes, I'm Brian Gilmore, owner of Collier Seawall & Dock. And I'm here to
answer any questions.
HEARING EXAMINER STRAIN: Okay. And I had talked to staff yesterday. I pointed out a
discrepancy between your survey and the site plan under the site view of the dock that you had supplied. The
site view said the dock was measured 25 feet from the face of seawall, and the survey has the dock being
measured from the property line. Both have the -- from the back of seawall, which is the back of seawall.
The difference is a foot -- 1.4 feet for the width of the seawall. That wouldn't change the distance that
you would need for a dock extension.
My assumption is the survey's the most accurate. And I had suggested someone verify that and
correct the site plan accordingly. Have you done that?
MR. GILMORE: Yes. I've got the revised plans here.
HEARING EXAMINER STRAIN: Okay. Do you have any extra copies? I need one for the court
reporter, one for staff, and one for me. Now, the one for me you can put on the overhead. We can make sure
it's sufficient.
That does take care of it. That matches the survey. And, James, have you reviewed this against the
survey as well?
MR. SABO: Yes, I have, Mr. Strain.
HEARING EXAMINER STRAIN: Okay. I don't have -- I don't see any discrepancies there. Are
you okay with it?
MR. SABO:. (Nods head.)
HEARING EXAMINER STRAIN: Your nod will not be heard by the court reporter.
MR. SABO: Yes.
HEARING EXAMINER STRAIN: Okay.
Sir, other than that, that's the only thing I needed to clarify for the record. If you can make sure you
have enough copies for others. Do you have anything you'd like to add?
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April 12, 2018 HEX Meeting
MR. GILMORE: No. I just want to thank everyone for their time and their help on this matter.
HEARING EXAMINER STRAIN: Is this the first time you've done this process, for Collier County
at least?
MR. GILMORE: I've done it for the City of Marco on numerous occasions, and then quite a few
years ago they ended up changing their ordinance where it's now 25 percent of a canal versus a maximum of 20
feet, so that really made it so you don't need to get extensions anymore because you can make better angles for
the slips.
HEARING EXAMINER STRAIN: Oh, that's handy. The only other thing I'd like to comment on is
that your elevation -- I'm not going to need that for backup for the decision, but the elevation is not -- is shows
no dimensioning nor depths, and the depths that are visually shown there are inconsistent because they're
actually going up as you go away from the seawall instead of down. So in the future those kind of things
ought to be coordinated better.
I understand the issue today, so we're just going to use the document you provided as part of the
backup for the decision, so that's why I needed that today.
MR. GILMORE: Thank you.
HEARING EXAMINER STRAIN: Thank you very much.
MR. GILMORE: Thank you.
HEARING EXAMINER STRAIN: James, is there anything from staffs perspective?
MR. SABO: Based on the corrected drawings, the zoning division finds it's consistent with the Land
Development Code and recommends approval subject to the maximum of two boats.
HEARING EXAMINER STRAIN: Okay. There is no members of the public present, so any other
testimony from anybody that may like?
(No response.)
HEARING EXAMINER STRAIN: Hearing none, I will close that hearing. And a decision on this
matter will be rendered within 30 days but most likely pretty quick. I can't define "pretty quick" today, but it's
not going to take too long to resolve this issue.
And with that, there is no other business, there is no further members of the public here for public
comment. This meeting's adjourned.
Thank you.
There being no further business for the good of the County, the meeting was adjourned by order of the
Hearing Examiner at 9:08 a.m.
STRAIN, HEARING EXAMINER
ATTEST
DWIGHT E. BROCK, CLERK /
These minutes approved by the Hearing Examiner on �� - as presented P 1
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC.,
BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.
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