HEX Final Decision 2018-22 HEX NO. 2018 - 22
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20180000143— Kyle and Kimberly Witwer request a 28.65-foot
boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of the Land
Development Code, for a total protrusion of 48.65 feet, to accommodate a new docking
facility for the benefit of Lot 8, Southport on the Bay Unit One, also described as 84
Southport Cove, in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: October 11, 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.
DECISION:
The Hearing Examiner hereby approves Petition No. BDE-PL20180000143, filed by Bill Nelson
of Greg Orick II Marine Construction, Inc., representing Kyle and Kimberly Witwer, for a 28.65-
foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for
a total protrusion of 48.65 feet to accommodate a new docking 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 8, Southport on the Bay, Unit One, according to the Plat thereof
recorded in Plat Book 15, Pages 51 through 53, of the Public Records of Collier County, Florida.
[18-CPS-01776/1440466/1]32 1 of 2
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. /
k,1
io - 1, - 1
Date M.i k Strain, Hearing Examiner
Appr ved as to rm and legality:
Scott A Stone
Assistant County Attorney
[18-CPS-01776/1440466/1]32 2 of 2
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