HEX Final Decision 2018-11 HEX NO. 2018- 11
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20170003371 — Kevin Hale requests a 24-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 44 feet to construct a docking facility to accommodate one
vessel for the benefit of Lot 17, Landings at Bear's Paw subdivision, also described as 1672
Vinland Way, in Section 35, Township 49 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: June 14, 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 letters of objection were received, and no members of the public other than the applicant's
representative attended this meeting. The dock proposed is consistent with other dock approvals
in this immediate area and meets the criteria required by the Land Development Code. The
distance from mean high water is 30 feet and from the property line, 44 feet. Per the applicant,
this distance is the minimum needed to clear the rip rap shoreline and establish the minimum
water depth for the vessel.
DECISION:
The Hearing Examiner hereby approves Petition No. BDE-PL20170003371, filed by Jeff Rogers
of Turrell, Hall and Associates, Inc., representing Kevin Hale, for a 24-foot boat dock extension
over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 44
feet to accommodate a docking facility for one vessel 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 17 of LANDINGS AT BEARS PAW, according to the Plat
thereof as recorded in Plat Book 56, Pages 5 and 6, of the Public Records of Collier County,
Florida.
[17-CPS-01734/1419663/1]66 1 oft
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. A Certificate of Completion Hold shall be placed on the dock construction at the time of
permitting, until or unless a Certificate of Occupancy has been issued for the residence currently
under construction on the subject property.
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.
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
Heidi F. Aston-Cicko
Managing Assistant County Attorney
[17-CPS-01734/1419663/1]66 2 of 2
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p:\0605.6-g&g vinland way\CAD\PERMIT-COUNTY\0605.6 G&G_VINLAND.dwg PROPOSED W DIM 1/24/2018
Exhibit "A"