HEX Final Decision 2019-13 HEX NO. 2019— 13
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20180001709 — Carly Teresa Markey requests a 43-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 59 feet to modify the existing docking facility to
add decking and a poly float to accommodate one vessel and one kayak or small boat for
the benefit of Lot 24, Block F of the Collier's Reserve subdivision plat, also described as
933 Barcarmil Way, in Section 22, Township 48 South, Range 25 East, Collier County,
Florida.
DATE OF HEARING: March 14, 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 objections have been received for this application. The Collier's Reserve Homeowners
Association and the Collier's Reserve Country Club have both provided authorization for this
dock installation. In addition, the applicant has agreed to locate the floating dock portion of this
facility in a direction parallel to the fixed dock so that entering and exiting the floating dock will
not further interfere with the channel.
In the process of realigning the floating dock, the total maximum protrusion needed for this dock
extension was reduced from the originally proposed 63 feet to 59 feet.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20180001709, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Carly Teresa Markey, for a 43-foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 59 feet to modify the existing docking facility to add decking and a poly float to
accommodate one vessel and one kayak or small boat 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
[18-CPS-01815/1466156/1]66 1 of2
LEGAL DESCRIPTION: Lot 24, Block F, of the Plat of Collier's Reserve, as recorded in Plat
Book 20, Pages 59-87, inclusive, 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.
2. The 12' x 12' floating dock shall be oriented parallel to the fixed dock, and may be
located anywhere along the length of the fixed dock as long as it does not extend beyond
the end of either side of the fixed dock. Although the Site Plan in Exhibit A shows the
two vessels facing northeast, they may also be configured to face southwest.
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.
3 _ 20 1
Date M Strain, Hearing Examiner
Approved as to form and legality:
Heidi F.Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01815/1466156/1]66 2 of2
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