HEX Final Decision 2022-08HEX NO. 2022-08
HEARING EXAMINER DECISION
DATE OF HEARING.
January 27, 2022
PETITION.
Petition No. BDE-PL20210000708 - Request for a 12-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width to
allow an addition to an existing boat docking facility that will protrude a total of 32 feet into
a waterway that is 206f feet wide, pursuant to Section 5.03.06 of the Land Development
Code, for the benefit of property located at 180 Pago Pago Drive West, also described as Lot
193, Isles of Capri No. 2, in Section 32, Township 51 South, Range 26 East, Collier County,
Florida.
GENERAL PURPOSE FOR THE PETITION.
The scope of the project is limited to the expansion of an existing dock that will not impact upon
an existing boathouse that was constructed in 1970; any alteration to the boathouse would negate
its current legal nonconforming status. Said expansion will extend the actual dock waterward an
additional 12 feet to create a slip that is deep enough to accommodate a new 29-foot vessel.
STAFF RECOMMENDATION.
Approval with conditions.
FTNDTNGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) 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.
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.
Page 1 of 6
5. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing.
6. The County's Land Development Section 5.03.06.H. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock
extension request if it is determined that at least four (4) of the five (5) primary criteria, and at
least four (4) of the six (6) secondary criteria have been met.'
Primary Criteria:
Whether the number of dock facilities and/or boat slips proposed is appropriate in relation
to the waterfront length, location, upland land use and zoning of the subject property.
Consideration should be made of property on unbridged barrier islands, where vessels are
the primary means of transportation to and from the property. (The number should be
appropriate; typical single-family use should be no more than two slips; typical multi-
family use should be one slip per dwelling unit; in the case of unbridged barrier island
docks, additional slips may be appropriate.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The subject property is located within an RSF-4 zoning district and supports
a single-family dwelling for which the LDC allows two boat slips. The proposed project
consists of expanding the existing facility to accommodate a longer vessel. No additional
vessels will be moored at this facility. One lift will be used for a 29 foot vessel and the
second, existing lift, will remain as -is for a personal watercraft.
2. Whether the water depth at the proposed site is so shallow that a vessel of the general
length, type and draft as that described in the petitioner's application is unable to launch or
moor at mean low tide (MLT). (The petitioner's application and survey should establish
that the water depth is too shallow to allow launching and mooring of the vessel(s)
described without an extension.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. The applicant's agent states that there is ample water depth for the
mooring of the 29 foot vessel; however, to accommodate a shore parallel design the
existing docking facility would need to be demolished, the applicant prefers to expand on
the existing facility which requires additional protrusion into the waterway.
3. Whether the proposed dock facility may have an adverse impact on navigation within an
adjacent marked or charted navigable channel. (The facility should not intrude into any
marked or charted navigable channel thus impeding vessel traffic in the channel.)
'The Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed dock facility does not protrude into any marked or charted
navigable channel and will not impede any vessel traffic.
4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the
waterway, and whether a minimum of 50 percent of the waterway width between dock
facilities on either side is maintained for navigability. (The facility should maintain the
required percentages.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The approximate waterway width is 206 feet. The requested total dock
protrusion is 32 feet which is less than 15% of the width of the waterway; therefore, more
than 50 percent of the waterway is open for navigation.
5. Whether the proposed location and design of the dock facility is such that the facility would
not interfere with the use of neighboring docks. (The facility should not interfere with the
use of legally permitted neighboring docks.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The new dock facility will satisfy side setback requirements and is consistent
with neighboring docks along the subject shoreline.
Secondary Criteria:
Whether there are special conditions not involving water depth, related to the subject
property or waterway, which justify the proposed dimensions and location of the proposed
dock facility. (There must be at least one special condition related to the property; these
may include type of shoreline reinforcement, shoreline configuration, mangrove growth,
or seagrass beds.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The applicant's agent argues that the special condition is that there is
already an existing dock facility at this location and that it is their desire to add onto the
existing facility rather than to be forced to demolish what is a perfectly find dock facility
were it not for its inability to accommodate a 29 foot vessel. The property owner would
incur substantially more cost by demolishing the existing boathouse and constructing an
entirely new structure than by just adding a small expansion to the existing structure to
accommodate his new boat.
2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for
loading/unloading and routine maintenance, without the use of excessive deck area not
directly related to these functions. (The facility should not use excessive deck area.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The amount of decking provided in the proposed project is no more than is
provided in similar projects of the area. Furthermore, the proposed dock expansion has
Page 3 of 6
been reduced from the original submittal of 294 proposed square feet to 190 square feet
by eliminating expansion of the boathouse rooffrom the project. The additional 190 square
feet of decking is proposed for floor space that will provide access to the applicant's new
vessel, storage of marine related items, and for access to the waterways for marine related
recreational activities. This will bring the total overwater structure to 886 square feet. If
the property owner were to construct a dock that spanned from setback to setback and
protruded the maximum of 20' into the waterway (thereby avoiding the need for a
variance), the total overwater structure would amount to 800 square feet. This petition
would only increase upon that number by 86 square feet. Furthermore, the added decking
will have no adverse impacts to the environment, navigation, or views of neighbors, which
would all seem to be the reasons for the `excessive decking' criteria. Our opinion is
therefore that there is no reason that the applicant shouldn't be allowed such a modest
increase in decking and that the amount of decking proposed is not excessive.
3. For single-family dock facilities, whether the length of the vessel, or vessels in
combination, described by the petitioner, exceeds 50 percent of the subject property's
linear waterfront footage. (The applicable maximum percentage should be maintained.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
NOT BEEN MET. The proposed dock facility has been designed to moor a 29 foot vessel
and a 12 foot personal watercraft, the combined total being 41 feet. The total shoreline at
this location is 70 feet; therefore, the vessels will exceed 50 percent.
4. Whether the proposed facility would have a major impact on the waterfront view of
neighboring property owners. (The facility should not have a major impact on the view of
a neighboring property owner.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The subject dockfacility is located entirely within the required side setbacks;
as designed, no new impacts to neighboring property views of the waterway will result.
5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds
are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. There are no seagrass beds present on the property nor the neighboring
properties within 200 feet of the existing dock structure.
6. Whether the proposed dock facility is subject to the manatee protection requirements of
subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section
5.03.06(E)(11) must be demonstrated.)
The record evidence and testimony from the public hearing reflects that the criterion is
NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do
Page 4 of 6
not apply to single-family dock facilities except for those within the sea walled basin of
Port of the Islands; the subject property is not located within Port of the Islands
ANALYSIS.
Based on a review of the record 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 5.03.06.1-1
of the Land Development Code to approve/deny Petition. The Petition meets 4 out of 5 of the
primary criteria and 4 out of 6 secondary criteria, one of the secondary criteria is found to be not
applicable.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000708, filed by Nick
Pearson of Turrell, Hall & Associates representing Michael A. and Deborah L. Giovanone, with
respect to the property described as 180 Pago Pago Drive West, further described as Lot 193, Isles
of Capri No. 2, in Section 32, Township 51 South, Range 26 East. Collier County, Florida, for the
following:
• A 12-foot boat dock extension over the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width, to allow an addition to an existing boat dock
facility that will protrude a total of 32 feet into a waterway that is 206± feet wide, pursuant
to Section 5.03.06 of the Collier County Land Development Code (LDC) for the benefit of
the subject property.
Said changes are fully described in the Proposed Site and Dock Plans attached as Exhibit "A" and
are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Proposed Site and Dock Plans
LEGAL DESCRIPTION.
180 Pago Pago Drive West, further described as Lot 193, Isles of Capri No. 2, in Section 32,
Township 51 South, Range 26 East. Collier County, Florida
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
Page 5 of 6
Page 6 of 6
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. 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.
________________________ ____________________________________
Date Andrew Dickman, Esq., AICP
Hearing Examiner
February 25, 2022
EXHIBIT "A"
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CITY KEY KEY WEST
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SITE ADDRESS:
<> 180 PAGO PAGO DRIVE W
NAPLES, FL 34113
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PU
AND ARE NOT INTENDED FOR CONSTRUCTIC
<> LATITUDE: N 25.982535
<> LONGITUDE: W 81.731971
Terrell, Hall &Associates, Inc.
Marine & Environmental Consulting
3584 Exchange Ave. Naples, FL 34104-3732
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643.6632
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SHEET NO.:
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PROPERTY
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EXISTING
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NOTES:
THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND
ARE NOT INTENDED FOR CONSTRUCTION USE -
ALL DATUM SHOWN HEREON IS REFERENCED TO MLW
SURVEY COURTESY OF: NO SURVEY DATA AVAnABLE•
SURVEY DATED: MM-DD-YYYY
• « APPLICANT OWNED SHORELINE (APPX LF): 70
EXISTING OVERWATER STRUCTURE (APPX SF): 696
WIDTH OF WATERWAY, MHW TO MHW (APPX): 206
TIDAL DATUM:
« MHW (NAVD)= +OA2'
MLW (NAVDp -1.63'
• « PROPOSED OVERWATER STRUCTURE (APPX SF): 190
• TOTAL OVERWATER STRUCTURE (APPX SF): 866
• TOTAL PROTRUSION FROM PROPERTY LINE' 32'
DESIGNED NP 1F.
Tunell, Hall & Associates, Inc, G 1 O vA N O N E DRAWN BY RMJ 2
Marine & Environmental Consulting CREATED 09.20.21 3.
JOB NO 16W 4
3584 Exchange Ave. Naples,FL34104-3732 PROPOSED AERIAL SHEET NO 03OF08 6
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51 S RANGE- 26 E
CROSS SECTION AA
SCALE: 1" = 4'
DESIGNED' NP 7
Terrell, Hall &Associates, Inc. G 1 O vA N O" E Z o" t'_,
Marine & Environmental Consulting
JOB NO 1886 4.
3584 Exchange Ave. Naples, FL 34104-3732 CROSS SECTION AA SHEETNO oa - s
Email: tuna@thanaples.com Phone: (239)643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51S RANGE-26E
DOCK
EXTENSION
MHW = 0.42 1,
MLW = -1.63 1
CROSS SECTION BB
SCALE: 1" = 5'
Turrell, Hall & Associates, Inc. C DESIGNED: U
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Marine &Environmental Consulting CREATED: NO.:1864
09-20-21
JOB NO.: 1884 6.
3584 Exchange Ave. Naples, FL 34104-3732 CROSS SECTION BB SHEET NO.: 05OF08 5. _
Email: tuna@thanaples.com Phone- (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51S RANGE-26E
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REATED: 09.20.21 3.
Marine & Environmental Consulting
JOB NO: 1984
3584 Exchange Ave. Naples, FL 34104-3732 ADJACENT DOCKS SHEET NO, 07OF09 s. _
Email: tuna'a.thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51 S RANGE- 26 E
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Marine & Environmental Consulting JOB NO. 18" -
3584 Exchange Ave. Naples, FL 34104-3732 ST OVERLAY SHEET NO 08 OF 08
Email: thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 59 S RANGE- 26E