HEX Final Decision 2019-06 HEX NO. 2019-06
HEARING EXAMINER DECISION
PETITION NO. BD-PL20180002024 — Jill Gaynor requests a 23-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 43 feet, for a boat dock facility with one boat slip and two personal
watercraft, located at 75 Pelican Street W, on the north side of Pelican Street W.
approximately one third mile west of Capri Boulevard, in Section 31, Township 51 South,
Range 26 East, Collier County, Florida.
DATE OF HEARING: January 24, 2019
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 members of the public attended this meeting other than the applicant's representative, and no
objections have been received.
A dock extension was requested and approved previously for seventy-six (76) feet; this request
reduces and reconfigures the dock facility with a reduced extension request of forty-three(43)feet.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20180002024, filed by Nick Pearson
of Turrell, Hall &Associates, Inc, representing Jill Gaynor, for a 23-foot boat dock extension over
the maximum 20 feet allowed by the Land Development Code for a total protrusion of 43 feet for
a boat dock facility with one boat slip and two personal watercraft 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
Exhibit B —Legal Description
LEGAL DESCRIPTION: See Exhibit B.
[18-CPS-01812/1458502/1145 1 of 2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. A ST permit must be approved prior to the issuance of permits to construct the dock.
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. P
(-V 1 c -
Date Mar' Strain, Hearing Examiner
Appro -d as to fo and legality:
1.0 '
Scott A Stone
Assistant County Attorney
[18-CPS-01812/1458502/1]45 2 of 2
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P11689 Gaynor BoaBifts\CAD\PERMIT-COUNTY\1689-GNP(-BDE.dwo WBm2G®CK-DIMS 1/24/2019 EXHIBIT A
Exhibit B
Legal Description
Lot 109, less the Westerly 5 fe 'th'ereof, Isle of Capri, No,3, accordg to the map or plat thereof as
recorded in Plat Book 3,Page 44, Public Records of Collier County,Elarida.
Together with:
A portion of Section 31, Township 51 South, Itaaker 26 East, Collier County lying northerly of Lot
109, Isles of Capri No.1,according to the Plat thereof, recorded in Plat Book 3,Page 41,of the Public
Records of Collier County, Florida and southerly of the line described in Official Records Book 3464
at Page 0751 of the Public Records of Collier County, Florida being more particularly described as
follows:
Beginning at the Northeast corner of Lot 109, Isles of Capri No.1, according to the Plat thereof,
recorded in Plat Book 3,Page 41, of the Public Records of Collier County, Florida; thence run North
27°35'47" West, for a distance of 26.90 feet to the Point of Beginning of the line described in Official
Records Book 3464 at Page 0751 of the Public Records of Collier County, Florida; thence along said
described line the following four (4) courses: South 65°56'11" West, for a distance of 9.15 feet; South
61°53'40" West, for a distance of 13.22 feet; South 76°11'25" West, for a distance of 13.96 feet; South
76°52'48" West, for a distance of 22.56 feet to the Point of Terminus of said described line; Thence
South 12°39'55" East, for a distance of 4.74 feet the northwesterly corner of said Lot 109, less the
Westerly 8 feet thereof; thence run South 89°19'00" East, along the north line of said Lot 109, for a
distance of 67.00 feet to the Point of Beginning.
Parcel Identification Number: 52344120005