HEX Final Decision 2019-14 HEX NO. 2019— 14
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20180000482 — Charles B. Tabeling requests a 98-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 118 feet, to accommodate a docking facility with one boat lift
for the benefit of property described as lot 45, Isle of Capri No. 1 subdivision also known as
15 Capri Blvd., in Section 32, Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: February 28, 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:
One letter of objection was received from an abutting property owner. This property owner
expressed concerns over the location of the riparian lines and their views of the waterway.
A boat dock extension of 80 feet was originally issued for this property in 1991. The dock was
built with a permit issued that same year. The dock remained within the previously approved
conditions until approximately 2013. The permit issued for the 1991 improvements provided a
dock extending from a point centered between the two most waterward points of the side lot
lines. Riparian lines were not found on the original permit records. References to locational
points for the original dock were provided from the rear property line only; at these locations the
dock was shown starting at points equidistant from each side property line (twenty-seven feet).
Distances showing the dock location as it moved out into the waterway were not provided at that
time. Setbacks were not shown at the 80-foot distance and it does not appear riparian lines were
established at the time of the original dock approval.
Aerial photos show that the dock changed in configuration sometime between 2013 and 2014.
The configuration increased the extension distance and changed the deck configuration. The
current owner applied for an after-the-fact permit and the requested extension became the basis
for this hearing.
On February 26, 2013 Dr. David Gibson, Associate Professor at the University of Florida
completed a study for "Guidelines for Allocation of Riparian Rights". In this document
conclusions for his literary study noted the "The direction of upland boundaries is largely
ignored when apportioning riparian rights. The public's mistaken belief that riparian lines are
on the extension of their side upland lines is the most frequent cause of riparian disputes.
[18-CPS-01820/1466659/1]47 1
Instead, the water body must be equitably apportioned as if all waterfront owners were standing
on the shore looking out over the water body.... "
In locating riparian lines Dr. Gibson noted: "Docking is a near-shore consideration and is
limited by the line of deep water (line of navigability or line of navigation). The great weight of
research indicates that when the docking is the primary issue, courts will usually apportion the
space between the shore and the line of navigability".
The Land Development Code (LDC), Section 5.03.05.E.9 states the following: Riparian lines
for all other lots shall be established by generally accepted methods, taking into consideration
the configuration of the shoreline, and allowing for the equitable apportionment of riparian.
rights. Such methods include, but are not limited to, lines drawn perpendicular to
the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline
(thread) of the waterway, perpendicular to the line of deep water (line of navigability or edge
of navigable channel), as appropriate, for irregular shorelines.
The surveyor for the applicant and the marine consultant provided riparian line locations. Their
initial southern proposed riparian line created a setback inconsistency with the existing
neighboring facilities to the south and the north proposed riparian line provided a distance
greater into the northern property owners frontage than was necessary.
The lines could have been created to avoid the conflict to the south and create less impact on the
north property through more equitable apportioning of the applicant's shore line. In discussion,
the applicant agreed to modify the proposed riparian lines as shown on Exhibit A and Exhibit C.
The southern line will continue the southern upland side lot line outward and thus not disturb the
improved facilities to the south. Along the northern line the applicant agreed to reduce the
riparian line to a location that provides the setback necessary to maintain the dock consistent
with Exhibit A, which distance is reduced to half of the original request.
DECISION:
The Hearing Examiner hereby approves Petition No. BDE-PL20180000482, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Charles B. Tabeling, for a 98-foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 118 feet to accommodate a docking facility with one boat lift 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
Exhibit C—Boundary Survey, revised 3/14/19
LEGAL DESCRIPTION: See Exhibit"B".
[18-CPS-01820/1466659/1147 2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The docking facilities approved by this decision are limited to those shown on the
attached Exhibit A.
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.
— 2l
Date Mar Strain, Hearing Examiner
Approved as to form and legality:
Heidi F.Ashton-Cicko
Managing Assistant County Attorney
[18-CPS-01820/1466659/1147 3
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p11849.00-tabeling-15 Capri\CAD\PERMIT-COUNTY\1849-COUNTY.dwg EXISTING AERIAL WITH DEPTHS 3/19/2019
Exhibit "A"
INSTR 5595975 OR 5540 PG 1789 RECORDED 8/6/2018 1:48 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $2,250.50 REC $18.50
CONS $321,500.00
Exhibit "B"
Tins Document Prepared By
Douglas A. Wood, Esquire
Douglas A. Wood, P.A.
1100 Fifth Avenue South, Suite 101
Naples, FL 34102
Parcel ID Number: 52341720000
Warranty Deed
This Indenture,Made this 'Z day of August,2018 A.D., Between
Fia Michelle Carter, a single woman, whose address is 1440 Lucerta Lane
South, Naples, Florida 34113
of the County of Collier ,State of Flori (,I4T
Charles Berkley Tabelingi t ingie man
whose address is: 15 Capri Blvd,/ N plea, • • 113
of the County of Collier,State of F or • :,gr'n 11-°*
Witnesseth that the GRANI`OR,for an. _L. ., .`deration of the sum of
W DOLLARS ($1--:— — a",r- DOLLARS,
and other good and valuable consideration to sR in hand paid by G' ., . "" receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said G' - 1.. • .' E'S heirs, _. . .d assigns forever, the following described land,
Lot 45, Isles of Capri No. 1, according to the . umyt recorded in Plat Book No. 3, page 41, of the
Public Records of Collier County,Florida
AND
The waterward boundary line as of July 1, 1975, .lying along Snook Bay, in Section 32, Township 51
South,Range 26 East,Collier County, Florida,said line being more particularly described as follows:
Commencing at the centerline intersection of Pelican Street and Griffis Highway(now Capri Boulevard)as
shown on the plat of Isles of Capri No, 1 as recorded in Plat Book 3 at Page 41 of the Public Records of
Collier County, Florida. Thence run North 00° 09'56" East, along the centerline of said Griffis Highway,
for a distance of 349.07 feet;thence run South 88°50'04" East for a distance of 40.00 feet to a point on the
Easterly right of way line of said Griffis Highway and the northwesterly corner of Lot 45 of said Isles of
Capri No. 1; thence run South 88° 50' 04" East along the northerly boundary line of said Lot 45, for a
distance of 120.00 feet to the northeasterly corner of said Lot 45,thence continues South 88° 50'04" East,
along an easterly projection of the northerly boundary line of said Lot 45,for a distance of 27.7 feet to its
intersection with the Mean High Water Line as it existed on July 1, 1975 and the POINT OF BEGINNING;
Thence along a meandering line of the waters of Shook Bay, South 01°26' 04" East for a distance of 4.7
feet; thence run south 12° 21' 00" East for a distance of 13.0 feet; thence run south 17° 15' 16" east for a
distance of 12.1 feet, thence run south 21° 23' 17" East for a distance of 9.4 feet; thence run south 34° 24'
39" east for a distance of 12.3 feet to its intersection with the easterly projection of the southerly boundary
line of said Lot 45 and the POINT OF TERMINUS.
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