HEX Final Decision 2018-16 HEX NO. 2018— 16
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: This CORRECTIVE DECISION is approved on August 23, 2018, in
order to correct a typographical error in the Decision paragraph of HEX No. 2018-13, wherein
the total dock protrusion was incorrectly stated as "33 feet," instead of the approved total
protrusion of"31 feet."
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 the original meeting on June 28, 2018. 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 31 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
[18-CPS-01755/1428855/1152 1 of 2
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.
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.
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
eidi Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01755/1428855/1]52 2 of2
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EXHIBIT A