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HEX Final Decision 2018-13 HEX NO. 2018— 13 HEARING EXAMINER DECISION PETITION NO. BD-PL20170002726 — Daniel Scandiff requests an 11-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 31 feet to construct a 908 square foot docking facility with a boat lift and a kayak/paddleboard platform lift for the benefit of Lot 2, Block H of the Conner's Vanderbilt Beach Estates Unit subdivision, also described as 474 Palm Court, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. DATE OF HEARING: June 28, 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. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20170002726, filed by Jeff Rogers of Turrell, Hall & Associates, Inc., representing Daniel Scandiff, for an 11-foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 33 feet to accommodate a docking facility on the property described herein, in accordance with the Proposed Dock Details attached as Exhibit "A", and as subject to the condition(s) set forth below. ATTACHMENTS: Exhibit A—Proposed Dock Details LEGAL DESCRIPTION: Lot 2, Block H, CONNER'S VANDERBILT BEACH ESTATES, UNIT 2, recorded in Plat Book 3, Page 17, Public Records of Collier County, Florida. 118-CPS-01755/1420899/1147 1 of2 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. [A4 Date Mark Strain, Hearing Examiner Approved as to form and legality: Heidi Ashton- icko Managing Assistant County Attorney [18-CPS-01755/1420899/1147 2 of 2 9 1.0Z/Ll/4 111-3NI1>I 00G ODS OdO21d OMP'AIN f1O0 1.9L lAIN noo-11Wa3d\OVO\POO&PueoS-l9L l\.d c — m0 N O ---,...,-- ..,....7 —,—, ,,...,,,,,— \ L1i m0 rn -0OO I DZ rn � " C° I r _ W Z m X m tv a 00 _ z -D moo wp -I 0 C m 7J 7JJ O FT < r � D O a �, m a a 43) , -10 I Z Z wig / } m ti ti 0-0 ��V / • �. \ n 0 \ `J \ O• 1 \ i' 10 > I \\ Z 0 7 I �� -0Ay 0 \ mat0- O 1 \ - DC m - ---- - — 31' —� - - � � °� p n I \ � cep, co O m7J \ D < � O T` X000 I -F- - .b4 --� mm 1 —IO —173x0 I = r 0I cn 0 I 7 i , m1 a , on zz . . . . ' o 31' - - - � -i � < o ogzv >pim A x,go=On Dpm" W OT m w - � Elgs l -I10 — N ti Z Z C O -Iii : cn 4 <<S,jOO =ma 0o m ��o zo> D Q � � � ,Y Dmi mom E 0 a A oCil I NSr,gA - p 0 VA my7.1 p — ��� Oz y D Dm D o o Z D Z m DI E 0 CI = m oJ F, EXHIBIT A