HEX Transcript 10/11/2018 October 11,2018 HEX Meeting
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY HEARING EXAMINER
Naples,Florida
October 11,2018
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
Gil Martinez,Principal Planner
Scott Stone,Assistant County Attorney
Heidi Ashton-Cicko,Managing Assistant County Attorney
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October 11,2018 HEX Meeting
PROCEEDINGS
HEARING EXAMINER STRAIN: Good morning,everyone. Welcome to the Thursday,October
11th meeting of the Hearing Examiner's Office.
Please rise for Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Okay. How many members of the public are here other than
the applicant?
(No response.)
HEARING EXAMINER STRAIN: And I can tell there's only one person here,and he seems to be
with the applicant.
So with that,we'll dispense with the housekeeping matters and move right into the agenda,review of
the agenda. We have one item,3A,Petition No.BDE-PL20180000143,Kyle and Kimberly Witwer.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Disclosures on my part: I have talked with staff,and that's all,
actually,and got some clarifications that have been submitted for the record concerning the discrepancy
between the survey and some of the graphics on this.
Will the applicant's representative please come up and identify yourself for the record.
MR.NELSON: Hello. My name is Bill Nelson,and I'm representing the owners in this matter,and
I work with Greg Orick Marine Construction.
HEARING EXAMINER STRAIN: Thank you. And I know we've talked to you before.
The distance that you're looking for is 48.65 from the property line,which also happens to be the mean
high-water line.
MR.NELSON: Yes.
HEARING EXAMINER STRAIN: And the discrepancy I found was on the survey,on page--the
last page of the staff report that said you were a 50.9-feet total protrusion distance from lot line to end of dock.
That is an error,and I understand the new one's been submitted.
MR.NELSON: Yes. The original survey we submitted with the first application was dated
February 6th and,in error,the surveyor made the dimension line from the CEC traverse line instead of the
mean high-water line,and it added that 2.25 feet to make it 50.9 when it should have been measured from the
mean high-water line.
And when I submitted the corrections letter in July,I accidently included the old survey from February
instead of the updated survey from March.So it was an error on my part. But we did have the updated survey
measured from the correct property feature.
HEARING EXAMINER STRAIN: And the updated survey will reflect the 48.65?
MR.NELSON: Yes,it does.
HEARING EXAMINER STRAIN: Okay. And I believe,Gilbert,you had circulated that,but I
didn't have a copy to bring today,so you provided a copy to the court reporter?
MR.MARTINEZ: Yes,I have.
HEARING EXAMINER STRAIN: Do you have a copy you could just put on the overhead or not,
the corrected survey;if you don't mind.
Okay. That's the one I looked at from the email that was sent to me. Then there's your corrections
both on the bottom and on the dimension that's on the graphic,so that will work. And the reason I wanted to
make sure it came out like it did,that will be used for a backup exhibit to the decision.
MR.STONE: Mr.Hearing Examiner,just to be clear in my own mind,the survey that was included
with that staff report wasn't incorrect. It was just measuring from the wrong line?
HEARING EXAMINER STRAIN: Well,there was a statement on the survey that was included that
made it incorrect. The measurement from the line at 50.9 feet that they called out was the correct distance
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October 11,2018 HEX Meeting
from that line.
MR. STONE: Right.
HEARING EXAMINER STRAIN: But the way it read was that the 50.9 feet was the total protrusion
distance from the lot line to the end of the dock.Actually,that's not true. It was from the traverse line,not the
lot line.
MS.ASHTON-CICKO: Mr.Strain,I would like the site plan that is attached to your decision to
include both the measurement that was advertised as well as the most restrictive measurement that you're
discussing today.
HEARING EXAMINER STRAIN: Well,it turns out they're the same now.
MS.ASHTON-CICKO: Oh,they are the same now?Okay.
HEARING EXAMINER STRAIN: Yeah. The traverse line is not the lot line. And what happened
is the plat identifies the mean high-water line as the lot line.
MS.ASHTON-CICKO: Okay.
HEARING EXAMINER STRAIN: And so they end up actually being the same,so that simplified
the advertising.
MS.ASHTON-CICKO: Okay. Thank you.
HEARING EXAMINER STRAIN: And those two graphics will be what will be attached to the
decision.
I don't have anything else. I've read everything,and those are the only points that really needed to be
clarified. So at this point we're good on those issues.
Do you have anything else you want to add?
MR.NELSON: No. Like I said, I brought an extra signed/sealed copy if you'd like me to leave it
with you guys.
HEARING EXAMINER STRAIN: Do you have a signed/sealed copy,Gilbert,or just electronic?
MR. BELLOWS: We should have one.
MR. MARTINEZ: Yes,I'd like to have it.
HEARING EXAMINER STRAIN: Okay. Then we're good.
MR.NELSON: Thank you.
HEARING EXAMINER STRAIN: Then,Gilbert,is there any staff report?
MR.MARTINEZ: Yeah. The staff finds this petition to be consistent with the GMP and with the
LDC and,hence,recommends approval.
HEARING EXAMINER STRAIN: Okay. Everything seems in order. I appreciate it. Thank you
very much.
And there's no members of the public here,so with that,we'll end the public hearing on this,and a
decision will be rendered within 30 days but most likely rather quickly.
Let me make sure--I think that's the last thing on the agenda. We have no other business.There's no
public here for comment.
This meeting's adjourned. Thank you.
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October 11,2018 HEX Meeting
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:05 a.m.
COLLAR CO ARING EXAMINER
MARK STRAIN,HEARING EXAMINER
ATTEST
CRYSTAL K.KINZEL,CLERK
These minutes approved by the Hearing Examiner on ID`'I cf 'iB,as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF
U.S.LEGAL SUPPORT,INC.,
BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBLIC.
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