HEX Transcript 07/26/2018July 26, 2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples, Florida
July 26, 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
Heidi Ashton-Cicko, Managing Assistant County Attorney
Timothy Finn, Principal Planner
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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,JULY 26,2018 IN CONFERENCE ROOM
610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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:
A. PETITION NO. VA-PL20170002719 — Joseph Paiva requests a variance from the minimum
rear yard setback in Ordinance No. 14-10,as amended,the Temple Citrus Grove RPUD,to reduce the
minimum rear yard setback on an open space lot from 3 feet to .1 feet for an existing pool screen
enclosure and pool, located at Lot 176, Temple Citrus Grove subdivision, also described as 13636
Mandarin Circle, in Section 12, Township 49 South, Range 25 East, Collier County, Florida.
[Coordinator: Timothy Finn,AICP,Principal Planner]
B. 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.
[Coordinator: Timothy Finn,AICP,Principal Planner]
4. OTHER BUSINESS
5. PUBLIC COMMENTS
6. ADJOURN
July 26, 2018 HEX Meeting
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning everyone. Welcome to the Thursday, July 26th
meeting of the Hearing Examiner's Office. Everybody please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you. New housekeeping matters. Individual speakers
will be limited to five minutes unless otherwise waived. Decisions are final unless appealed to the Board of
Collier County Commissioners. Decisions will be rendered within 30 days.
With that, we have review of the agenda. There's two items on today's agenda. There are no changes
so we'll move right into those.
The first one is advertised public hearing 3A, petition number VA-PL20170002719. Joseph Paiva
requesting a variance from the minimum rear setback in Temple Citrus Grove RPUD. All those wishing to
testify on behalf of said please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Thank you. Disclosures on my part. I talked to the applicant
just before the meeting. Staff we never sat -- I never had any discussions so we didn't need to meet on it.
With that we'll move right into the case itself.
I have reviewed the case, read everything that's been provided by the applicant and staff. And I
believe there are no questions on my part. And as a result, are there any members of the public here for this
item? I didn't see anybody stand other than the applicant's representatives. There are none. I don't need a
presentation by the applicant. I'll have to ask one question so the representative can come up here for the
microphone. David.
MR. CORBIN: Good morning.
HEARING EXAMINER STRAIN: Identify yourself for the record.
MR. CORBIN: David Corbin, architect of David Corbin Architects.
HEARING EXAMINER STRAIN: David, I've read everything. You don't need a presentation
since I've done that and nobody is here who hasn't read it. Do you have anything you want to add?
MR. CORBIN: I don't unless there's some questions to be asked.
HEARING EXAMINER STRAIN: No. That's the only question I have and that's all I need to,
know. Thank you.
MR. CORBIN: Thank you very much.
HEARING EXAMINER STRAIN: We'll turn to staff report. Tim, do you have anything?
MR. FINN: Good morning. I'm Tim Finn, principal planner. The project is compliant with the
GEP and LDC, therefore staff recommends approval.
HEARING EXAMINER STRAIN: And I have nothing else. Since there's no members of the
public here for this item, I will close the public hearing on that matter and the decision will be rendered within
30 days.
We talked with the applicant. I know they're trying to close on this property and I'll try to get a
decision out as fast as personnel come in to help. With that that wraps up that one. Thank you for attending
today.
The next item up is advertised public petition number BDE-PL20170004086, 179 Topanga, LLC.
This is in the north part of the county. Bay Unit One. South part of the Bay Unit One. All those who wish to
testify, please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: And I notice some members of the public are here for this item,
so I'm glad to see the applicant's representative finally showed up. Jeff, we were getting worried about you. I
have no questions. Everything was straightforward on most of your application so I appreciate that. Just state
your name for the record and let me know if you have anything you want to add to the record.
MR. ROGERS: For the record, Jeff Rogers with Turrell, Hall & Associates. I represent the
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July 26, 2018 HEX Meeting
applicant and nothing to add unless there's questions.
HEARING EXAMINER STRAIN: With that I'll turn to staff. Tim, is there a staff report?
MR. FINN: Good morning. My name is Tim Finn, principal planner. The project is compliant
with the GPN LDC therefore staff recommends approval.
HEARING EXAMINER STRAIN: Okay. Are there any -- I'll ask one final time, any members of
the public wish to speak on this item?
(NO RESPONSE.)
HEARING EXAMINER STRAIN: I see nobody here for this so with that we close that hearing and a
report decision will be rendered within 30 days as soon as staff comes in next week or so probably. Thank
you.
MR. ROGERS: Thank you.
HEARING EXAMINER STRAIN: With that I have no other business. And any members of the
public wish to comment?
(NO RESPONSE.)
HEARING EXAMINER STRAIN: Hearing none, this meeting is adjourned. Thank you.
*************
There being no further business for the good of the county, the meeting was adjourned by order of the
Hearing Examiner.
COLVIEFACO TY G EXAMINER
IVA
STRAIN, HEAIUNG EXAMINER
ATTEST:
CRYSTAL K. KINZEL, CLERK
These minutes approved by the Hearing Examiner on (d' 6C , as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S. LEGAL SUPPORT, INC., BY
DANIELA AHREN, COURT REPORTER AND NOTARY PUBLIC.
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