HEX Final Decision 2021-53HEX NO. 2021-53
HEARING EXAMINER DECISION
DATE OF HEARING.
October 28, 2021
PETITION.
PETITION NO. VA-PL20200000998 — Request for variances associated with post -hurricane
reconstruction of Walker's Coon Key Marina, specifically for four variances from
dimensional requirements of Section 4.02.01 of the Land Development Code for the General
Commercial (C-4) Zoning District: [a] from the required building separation of 40 feet
between the existing Ship Store Building and existing Boat Storage Building #2 to allow
separation of 15 feet; [b] from the required building separation of 59 feet between the existing
Boat Storage Building #2 and existing Boat Storage Building #3 to allow separation of 34
feet; [c] from the required separation of 59 feet for existing Boat Storage Building #3 and
proposed reconstruction of Boat Storage Building #4 to allow separation of 50 feet; and [d]
variance from the required side setback of 25 feet to allow a side setback of 6 feet for
proposed reconstruction of Boat Storage Building #4. The request is for property located at
604 Palm Avenue in Goodland in Section 18, Township 52 South, Range 27 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
Petitioner's "Walker's Coon Key Marina" requests variances for 3 boat storage facilities (buildings
2, 3, and 4 on the attached plans).
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
Page 1 of 7
4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
5. The applicant sent a notification letter dated July 29, 2021, to property owners within 150 feet
of the subject site. The notice letter mailing included the Goodland Civic Association, Inc.
Notice about the October 28, 2021, Hearing Examiner hearing was provided by newspaper
advertisement, mailed notice to owners within 500 feet of the site, and posting of a public
notice sign on the site at least 15 days prior to the hearing.
6. This Petition is a companion to Petition No. DR-PL20180002114, site plan with deviations -
redevelopment Walker's Coon Key Marina, which will be addressed under a separate HEX
Decision.
7. The County representative introduced the Petition and staff recommendations, followed by
Petitioner and/or Petitioner's representative, and then public comment. There were objections
to the Petition at the public hearing, most notably from residents of the abutting Coon Key Pass
Fishing Village, and its condominium association represented by Zachary Lombardo, Esq. and
Glenn Chalder, AICP. The Fishing Village shares the Marina's east property boundary line.
The waterfront Fishing Village has three stilted buildings consisting of multifamily dwellings
with individual balconies. The Fishing Village and Marina have been operating as neighbors
for decades. The primary point of contention is petitioner's Building #4 along the Fishing
Village's western boundary.
8. Petitioner's "Walker's Coon Key Marina" requests variances to legalize and/or rebuild 3 boat
storage facilities ("storage facilities") albeit taller than the previous ones, under the county's
new codes, that were destroyed/damaged by Hurricanes Wilma and Irma (buildings 2, 3, and
4). Specifically, variances for the separation distances between the existing ship store (building
1) and storage facility #2 (15 feet where 40 feet is required), the separation distance between
the storage facility #2 and #3 (34 feet where 59 feet is required), the separation distance
between storage facility #3 and #4 (50 feet where 59 feet is required), and the side yard setback
between storage facility #4 (6 feet where 25 feet is required). This redevelopment strategy
linked to the Marina's companion petition for a site plan with deviations.
9. Walker's Coon Key Marina is in the small fishing community of Goodland, Florida.
Goodland's population was 267 at the 2010 census and has climbed to approximately 337 in
2020, according to the United States Census Bureau, after a significant decline in 2017
following Hurricanes Wilma and Irma, both making landfall at or near Goodland. According
to the United States Census Bureau, Goodland is geographically constrained village of 0.35
square miles, of which 0.15 square miles is land and 0.19 square miles is water.
10. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify
any request for a variance from the regulations or restrictions of the Collier County Land
Development Code (LDC).1
'The Hearing Examiner's findings are italicized.
Page 2 of 7
1. Are there special conditions and circumstances existing, which are peculiar to the location,
size and characteristics of the land, structure or building involved?
The record testimony and evidence from the public hearing reflects that the site was
permitted and developed under the January 1982 LDC standards. The development
standards for this zoning district were less restrictive in that version of the LDC compared
to the current LDC. The existing side setback of 6 feet needs to be maintained for the
functional aspect of the site. The 50 feet between the storage buildings is at a minimum for
maneuverability of the forklift to launch the boats into the water. Any reduction to this area
will deem it non-functional. The 1982 LDC required a minimum 15' separation between
structures with no correlation to the height of the building. There are special circumstances
that apply to the site in that is has existed as a marina since the 1980s. Boat storage
Buildings #2 and #3 have been reconstructed in a taller condition resulting in substandard
separation between buildings. The proposed reconstruction of Building #4 would comply
with separation standards if the height of the Building #4 addition is reduced to 41 feet, or
if the footprint of the Building #4 addition is reduced by 9 feet to achieve a separation of
59 feet from Building #3.
2. Are there special conditions and circumstances, which do not result from the action of the
applicant such as pre-existing conditions relative to the property, which are the subject of
the Variance request?
The record testimony and evidence from the public hearing reflects that the storage
buildings on the site were destroyed by Hurricanes Wilma and Irma. The buildings are
proposed to be located in the same location as the previous buildings. The natural disasters
impacted the property beyond the applicant's control, and the pre-existing and permitted
footprint of Building #4 within 6 feet of the eastern property line was a pre-existing
condition. However, the reconstruction of buildings taller than previously constructed
yielding a substandard budling separation is within the applicant's control.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
The record testimony and evidence from the public hearing reflects that A literal
interpretation will create a monetary hardship on the applicant if the building cannot be
constructed as proposed. The number of boats stored would be greatly reduced which
would make the site monetarily infeasible. Maintaining a 25 foot setback on the easterly
property line will create a practical hardship for the forklift to maneuver the boats from
the buildings to the water for launch. County planners do recognize that applying a 25-
foot setback along the eastern property line causes hardship and practical difficulties for
the applicant given that the six-foot setback along the eastern property was a pre-existing
condition and the passage of time and changes to the LDC have rendered the six-foot
setback nonconforming. Also, the requirement to meet the current applicable building
separation standards for the existing buildings (Buildings 1, 2, and 3) would be a
significant impact to the applicant. However, the reconstruction of buildings taller than
previously constructed yielding a substandard budling separation is within the applicant's
Page 3 of 7
control and the proposed reconstruction of Building #4 would comply with separation
standards if the height of the Building #4 addition is reduced to 41 feet, or if the footprint
of the Building #4 addition is reduced by 9 feet to achieve a separation of 59 feet from
Building #3.
4. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety, and welfare?
The record testimony and evidence from the public hearing reflects that if this variance is
the minimum variance needed to maintain the functional use of the land. Any side setback
greater than 6 feet will render the site unusable for this boat storage use and make the
business financially unfeasible. The variance will be the minimum required to allow for the
site to function considering the existing buildings. The proposed reconstruction of Building
#4 would comply with separation standards if the height of the Building #4 addition is
reduced to 41 feet, or if the footprint of the Building #4 addition is reduced by 9 feet to
achieve a separation of 59 feet from Building #3.
5. Will granting the Variance confer on the applicant any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district?
The record testimony and evidence from the public hearing reflects that the need for this
variance was created by a natural disaster (Hurricanes Wilma & Irma) that render this
site and business destroyed. Granting this variance will allow this site to be reconstructed
and operate as it did before the natural disaster. The County Commissioners allow for this
type of relief to all business that are destroyed or damaged by natural disasters. Therefore,
the granting will not confer any special privileges. The granting of the variance does
convey a unique privilege upon the property, but based upon the circumstances of two
natural disasters, in combination of the changing of applicable development standards of
the LDC County planners are of the opinion that granting of the variance to accommodate
pre-existing conditions as justifiable. However, the proposed reconstruction of Building #4
would not require a variance from separation standards if the height of the Building #4
addition is reduced to 41 feet, or if the footprint of the Building #4 addition is reduced by
9 feet to achieve a separation of 59 feet from Building #3.
6. Will granting the Variance be in harmony with the general intent and purpose of this Land
Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
The record testimony and evidence from the public hearing reflects that the need for boat
storage facilities and similar working waterfronts are a necessity in Collier County. The
County is deficient in marina and storage facilities compared to the demands for boat
storage. This facility has been a storage facility for over 30 years and this community has
relied upon its existence. It is harmonious with the intent of this code as this is a
commercially zoned property. The buildings are separated from Residentially zoned
properties by waterways that provide access to this facility and the residential lots. It is
Page 4 of 7
not injurious to the neighborhood or the public welfare. It provides a needed recreational
element to allow people to access and enjoy our coastal waters without the inconvenience
of driving long distances to other marina facilities located in the County. Granting of the
variance for the six-foot setback along the eastern property is in recognition that this
setback was a pre-existing condition and the passage of time and changes to the LDC have
rendered the six-foot setback nonconforming. Granting of this variance is in harmony with
the intent and purpose of LDC provisions allowing relief for redevelopment in such
circumstances. The LDC does not recognize height as a circumstance for which relief by
deviation can be granted. The building back of the boat storage buildings taller than they
previously existed can be considered impactful to neighboring views. The taller buildings
however comply with the current LDC standards establishing maximum height of 75 feet
in the C-4 zoning district; yet the taller buildings render the site noncompliant with
applicable building separation standards. The proposed reconstruction of Building #4
would comply with separation standards if the height of the Building #4 addition is reduced
to 41 feet, or if the footprint of the Building #4 addition is reduced by 9 feet to achieve a
separation of 59 feet from Building #3.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The record testimony and evidence from the public hearing reflects that other than the
easterly property line, this facility is separated from other development by waterways that
allow for water access to this subject working waterfront property and those properties on
the opposite banks. The subject property's location at the end of a peninsula with water on
three sides is a unique condition, however the objectives of regulations that are subject to
requested variances (building separation and setback) are not ameliorated by these
physical characteristics.
8. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
The record testimony and evidence from the public hearing reflects that since the use of
this land as a Marina and Storage facility is an existing use, the granting of the variance
is consistent with the GMP. The GMP is silent to the issuance of a variance application
and therefore the granting of the variance will not be inconsistent with the GMP.
ANALYSIS.
Based on a review of the record testimony and evidence including the Petition, application,
exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or
the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner
finds that there is enough competent, substantial evidence as applied to the criteria set forth in
Section 9.04.03 of the Land Development Code to approve Petition.
Page 5 of 7
nF C'ISION_
The Hearing Examiner hereby APPROVES Petition No. VA-PL20200000998, filed by Gina
Green, P.A. of Gina R. Green, P.A., representing WR Real Estate LLP, with respect to the property
described as 1.68± acres located at 604 Palm Avenue in Goodland in Section 18, Township 52
South, Range 27 East, Collier County, Florida, for the following:
• An application for variances associated with post -hurricane reconstruction of Walker's
Coon Key Marina, specifically for four variances from dimensional requirements of
Section 4.02.01 of the Land Development Code for the General Commercial (C-4) Zoning
District: [a] from the required building separation of 40 feet between the existing Ship Store
Building and existing Boat Storage Building #2 to allow separation of 15 feet; [b] from the
required building separation of 59 feet between the existing Boat Storage Building #2 and
existing Boat Storage Building #3 to allow separation of 34 feet; [c] from the required
separation of 59 feet for existing Boat Storage Building #3 and proposed reconstruction of
Boat Storage Building #4 to allow separation of 50 feet; and [d] variance from the required
side setback of 25 feet to allow a side setback of 6 feet for proposed reconstruction of Boat
Storage Building #4.
Said changes are fully described in the Site Plan and Survey attached as Exhibit "A" and the
Landscape Plan attached as Exhibit `B" are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site Plan and Survey
Exhibit B — Landscape Plan
LEGAL DESCRIPTION.
1.68± acres located at 604 Palm Avenue in Goodland in Section 18, Township 52 South, Range
27 East, Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The height of the Building #4 addition must be reduced to 41 feet, or the footprint of the
Building #4 addition must be reduced by 9 feet to achieve a separation of 59 feet from
Building #3.
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
Page 6 of 7
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. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
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.
November 24, 2
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 7 of 7
EXHIBIT "A"
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REDUESTED VARUUJCE DIMENSIONAL STANDARDS
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PLANT
SCHEDULE
Total Site Area 73,181 sf
TREES
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BOTANICAL/COMMON NAME
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25 GAL
LIZE
1.75"CAL
SPEC,
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Building Area 18.209 sf
Pavement Area 49:408 sf
564
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BURSERA SIMARUBA / GUMBO UMBO
25 GAL
1.75"CAL
10'.12' OA- 4' SPREAD
Pervious Area 9.408 sf
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CONOCARPUSERECTS / GREEN NmONWOOO
25 GAL
1.75roN
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LANDSCAPE CALCULATIONS
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CHRYSOPHYLLUM OUVIORME/SATINIEAF
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1.7SCA1
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MINIMUM NUMBER OF CANOPY TREES REQUIRED L__ �
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3
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25 GAL
1.75CAL
10'42' OA., 4' SPREAD
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4
QUERCUS VRGNIANA / LINE OAR
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I. VEHICULAR USE AREA (Section 4.06.03 B.1)
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Tot
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TAXODIUM DISTICHUM/BALD CYPRESS
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GROUND COVERS Ott
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Va. TREES AND SHIM
REFERENCE NOTES SCHEDULE
B.wu. Tree Spedea Required 5
a. Trem < 100%> 10', 1.75• Cal.. 4' apd.
MULCH
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SYMBOL
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SYMBOL
DESCRIPTION
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'ALL NEW PLANTINGS ARE TO BE 100%NATIVE
'EXISTING IRRIGATION SYSTEM WILL BE REPAIRED AND/OR RETROFITTED AS NECESSARY
TO PROVIDE 1001E COVERAGE a SEPARATION OF HIGH AND LOW WATER USE BAHIA SOD NOT TO BE IRRIGATED.
'INVASIVE PLANTS SHALL BE REMOVED AND MAINTAINED IN PERPETUITY.
'MULCH NOT TO CONTAIN MORE THAN 25%CYPRESS.
Troo AvoSDbi1iIV/Subsfitulion and Future Raplacaxnts.
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ROOT BARRIER DETAIl..,A
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The Contractor shall be responsible for providing a complete and operable system for the irrigation of of now
landscape plantings on site. Plans and specifications may not indicate all items necessary fa the proper irrigation
of the project. This shag not relieve the contractor of his responsibility to furnish tabor, materials and equipment
required for a complete and proper system.
The Contractor shall be responsible for od)usting head location, type, size, and any other system components to
comply With the requirements of the landscape planting as installed. Such adjustments shall be made when
authorized in writing by owner. Such adjustments Will be compensated at the prices indicated in the proposal.
Contractors shag personally examine the site and fully acquaint themselves with all or the existing conditions in
order that no misunderstanding may ofterwards arise to the character or as to the extent of me work to be done
and, likewise, in order to advised and acquaint themselves With all precautions to be taken in order to avoid fnjury
to person a property.
PLANTINGMATERIAL: The contractor shag make every possible effort to avoid existing plant material that has been
tagged for preservation. Where such material falls in the path of trenching, the Contractor shag reroute the pipe
a hand trench as necessary, to protect the designated plant material. Any damage caused by the contractor to
newly introduced plant material or sod shall be restored to its ongino I condition prior to final acceptance.
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NOTES
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Ag Plants sisal be Florida No.l a better.
Controcta shag be familiarw/ Collier County Land Dev. Code�>�of
Contractor shot verity of quantities indicated at time of bid.�ySnore
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2 x2PTPine
All contractors working on me project shag be licensed and fully Insured as required.(
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Contractor is responsible for replacement of al dead plant materials that occurs during the warrantee period.itconsaw
Tress and palm Stalling shall be removed between 5 and 12 months by the Contractor.\.,WARRANTEE:
•NI trees and palms shall be warranted for one year from final acceptance.
•Shrubs shag be warranted for see months from final acceptance.
nsnBnnN'Sod
and annuals sisal be wonanfed fa fMee months from final acceptance.n�Iamabr
of Hain Is ta
Contractor is responsible to fertg¢e al new trees. palms. shrubs. and ground covers with low release fertl3zer/'1be
50%law then
dWnater of Tool beg
w/ndnors at installation.I
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BASE INFORMATION PROVIDED BY GINA GREEN P.E AND SOUARE'S LANDCAPING INC. - SDPA-200&AR-13409 L. L
SITE IXUiMtION3 Pawpta W OTHmsAUU— To BE cam¢aTHIS NAN RIDARM THE NIOPERWY aAAmON lMAabwEA ITVCTmE a—.W.-FAH—.1as-IN-m IN rNRW111arr1KWRTRERNMWKOP M+CSw woec.Pe uc rTTCTT.we caav, INc.