HEX Final Decision 2018-14 HEX NO. 2018— 14
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20170004086 — 179 Topanga, LLC requests a 20-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 40 feet to construct a docking facility to
accommodate two vessels for the benefit of Lot 87 of Southport on the Bay Unit One, also
described as 179 Topanga Drive, in Section 6, Township 48 South, Range 25 East, Collier
County, Florida.
DATE OF HEARING: July 26, 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 and no members of the public attended this meeting
objecting to this application.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20170004086, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing 179 Topanga, LLC, for a 20-foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 40 feet to construct a new boat dock facility 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 87, SOUTHPORT ON THE BAY, UNIT ONE, according to
the Plat thereof in Plat Book 15, Pages 51 through 53, of the Public Records of Collier County,
Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
[18-CPS-01750/1425901/1] 1 of2
2. A certificate of occupancy for the dwelling (principal structure) shall be obtained prior to
a certificate of completion for the dock facility.
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.
1- 30- Is . '
Date M. Strain, Hearing Examiner
Approved as to form and legality:
0111
H- •i F.Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01750/1425901/1] 2 of 2
In
N
1>-
w
Z Z Oo z 0
F- W <
Q
co ss 0 F. a �
X 4 z F. j1143 3.
W 0 ° 30,. w
N rQ7
PEL00H
LL � m K
N
aDUz-:.,Xa ayii a
Opw5 �a aX d
zULLo aa3 rca
� wa � nem?.. � N
4V5 = - jg.2TZU. �j�
OgZ O=
>2 NOK
S
�� nM ,, ,,, 0
• Kw, .0 W „
WWo WQ .,-,-,,oz-
Lu
WZ
W
Z _
0_,.
OG co ▪ .>. . . . .. n‹OWWz3l3 � ra3o.o
Z Z 0 9 co co zir°0>izaao5r.
' E
II
!
cc o H , J O o8c ¢Zoo =Loa oOZ WJQ J O QQ W Q 0 N H > '' Nwo��¢° Noai4, o o ff
dZ 0 Lel W J Q Z W xaw�� aaXiF KOO z o z V
J Qm d MX ' W Z I- v (W
W Z
O. Wava � > _ o
W
•—•_._ + Z t+- + 9 f- ce Q Z
+O W + // W 0
`•
•
cl I 0 11111111°.All I I 4
C� J
+ a + t/
+ w Z oo
+ mZ w
®•7-... . II,; r + yit'�� ��I + W o
II + + + +p /
+ + Q
•
`_, i , y ///// i u. ce
_ ik
Id fill 0 31 1
W V 0 Y ,
Zw Zm W0 `` 2 + + + + t�
QZ QW a f , + + + I`
a.a. a � �� + +/ " �M �
I --,,-......f/ ,_ �. M
unP. :\ / ,
i O c °' .,
1 ' f =
/ z
, .7,//
/ _y O on
ct jll i"--- --i'*' 1 /
.�Xe. , N /
ZWY °LL' = � F
S V L
AM.>`` t ' H o v n-
� �' X -) f Mo
� WO
Q
U
Exhibit "A" i
`\ 1
P:\1764-Fabrizi 179 Topanga\CAD\PERMIT-COUNTY\1764 COUNTY Om PRO LINE 5/1/2018