HEX Final Decision 2018-25 HEX NO. 2018—25
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20180001598 — Mark E. Pressley and Nancy L. Martin-Pressley
request an 18-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 38 feet to modify the
existing docking facility to accommodate one vessel and kayak/paddle board access for the
benefit of Lot 88 of Southport on the Bay Unit One, also described as 181 Topanga Drive,
in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: October 25, 2018
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
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 applicants'
representative, attended this meeting. One resident within the subdivision inquired about water
access to the gulf and requested plans. After supplying the information needed, staff confirmed
there was no objection. The dock facility proposed is consistent with the similar dock facilities
in the immediate area and meets the criteria required by the Land Development Code.
In 2017 this property was issued a dock extension by HEX Decision 2017-28. That extension
was for thirty-five feet. After Hurricane Irma it was discovered that part of the area of this first
extension has now filled and modifications were necessary. The applicant is moving the outward
dock finger of the original extension inward to minimize the additional extension. This
extension request for three additional feet is necessary to provide area for a boat lift in deeper
water on the outside of the relocated dock.
DECISION:
The Hearing Examiner hereby approves Petition No. BDE-PL20180001598, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Mark E. Pressley and Nancy L. Martin-Pressley,
for a 18-foot boat dock extension over the maximum 20 feet allowed by the Land Development
Code for a total protrusion of 38 feet to modify the existing docking facility to accommodate one
vessel and kayak/paddle board access for the benefit of the property located at 181 Topanga
Drive, Naples, Florida and further described herein, in accordance with the Proposed Site Plan
attached as Exhibit"A", and as subject to the condition(s) set forth below.
[18-CPS-01802/1442869/1149 1 of 2
ATTACHMENTS: Exhibit A—Proposed Site Plan
LEGAL DESCRIPTION: Lot 88, 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.
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.
4 ;
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Date Ma k Strain, Hearing Examiner
Approved as to form and legality:
Heidi F. Ashton-dicko
Managing Assistant County Attorney
[18-CPS-01802/1442869/1149 2 of 2
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