HEX Final Decision 2022-11Page 1 of 6
HEX NO. 2022-11
HEARING EXAMINER DECISION
DATE OF HEARING.
February 24, 2022
PETITION.
Petition No. BDE-PL20210000104 - Request for a 21-foot boat dock extension from the
maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to
allow a boat docking facility protruding a total of 41 feet into a waterway that is 121.6± feet
wide for the benefit of property located at 1680 Vinland Way, also described as Lot 19,
Landing at Bear’s Paw, in Section 35, Township 49 South, Range 25 East, Collier County,
Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner is proposing to construct a dock facility with a single slip, with boatlift, to moor a
vessel of up to 36 feet in overall length.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
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.
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.
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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 (BDE) 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.1
Primary Criteria:
1. 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
BEEN MET. The subject property is located within the residential development area of a
Residential Planned Unit Development (RPUD) for which the RPUD document specifically
allows each platted single-family lot located along the Golden Gate Canal two boat slips.
The petitioner desires to construct a dock facility with a single slip with boatlift to
accommodate a vessel of up to 36 feet in overall length.
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
BEEN MET. There is insufficient water depth at the 20-foot protrusion line as measured
from the property line, the most restrictive point of measure.
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 record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed dock facility will only protrude 30.4 feet from the MHWL into
the subject waterway that is approximately 121.6 feet wide from MHWL to MHWL. The
entire waterway is used for navigation as there are no navigational markers indicating the
exact thread of navigation. The residences on the opposite shore have their docks on a
different canal/waterway.
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
1 The Hearing Examiner’s findings are italicized.
Page 3 of 6
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 121.6 feet, MHWL to MHWL. The
requested total dock protrusion is 30.4 feet from the MHWL which is 25 percent 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
BEEN MET. The new dock facility incorporates a shore parallel design and will not
exceed the 7.5-foot side setback requirements from both property/riparian lines. The dock
facility and location have been designed to satisfy required setbacks, provide safe access
to/from a vessel, and not to interfere with any future neighboring dock facilities that may
be constructed.
Secondary Criteria:
1. 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 design of the proposed dock facility is greatly influenced by a property
line that was pushed back during the design phase of the development to allow for the
canals shoreline to be stabilized using rip-rap. At this location the property line is 11± feet
landward of the MHWL. Due to this condition the existing dock protrudes further out into
the waterway in order to decrease the access walkway’s slope and to reach out to adequate
water depths to safely moor the vessel and allow the boatlift to function properly as well
as the dock as it is an existing floating dock.
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 proposed dock facility has been minimized in order to meet the County
dock building guidelines, the approved PUD, and be constructed within the 25% width of
waterway. The proposed protrusion is consistent with the other dock designs that have
been approved within this same development along subject shoreline. The design also
Page 4 of 6
provides adequate and safe access to and from the vessel while still allowing room for
other recreational use like fishing and kayak/paddle board storage on the dock.
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 subject property has 67 feet of water/canal frontage, and the
proposed dock facility has been designed to moor a single 36-foot vessel which equates to
53.73 percent of said waterfrontage.
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
BEEN MET. The proposed dock facility is one of potentially 14 other single-family
docking facilities to be constructed along the subject shoreline not including the HOA’s
docking facility. The proposed dock facility uses a shore parallel design and will satisfy
the required 7.5-foot side/riparian setbacks applicable to this RPUD. All waterfront homes
desiring a dock facility along this shoreline will have similar challenges and no one
homeowner should be impacted more than another.
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
not apply to single-family dock facilities except for those within the seawalled 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.H
Page 5 of 6
of the Land Development Code to approve Petition. The Petition meets 5 out of 5 of the primary
criteria and 4 out of 6 secondary criteria, with the sixth criterion being not applicable.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000104, filed by Jeff
Rogers of Turrell, Hall & Associates, Inc. representing David Sherrill, Trustee of the C. David
Sherrill Trust, with respect to the property described as 1680 Vinland Way, further described as
Lot 19, Landings at Bear’s Paw, in Section 35, Township 49 South, Range 25 East. Collier County,
Florida, for the following:
x A 21-foot boat dock extension over the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width, to allow a boat docking facility that will protrude
a total of 41 feet into a waterway that is 121.6± 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.
1680 Vinland Way, further described as Lot 19, Landings at Bear’s Paw, in Section 35, Township
49 South, Range 25 East. Collier County, Florida
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
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.
Page 6 of 6
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
March 25, 2022
EXHIBIT “A”
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
SUBJECT
PROPERTY
SUBJECT
PROPERTY
<> LATITUDE: N 26.166989
<> LONGITUDE: W -81.781228
<> 1680 VINLAND WAY
NAPLES, FL 34108
REV#:
CREATED:
DRAWN BY:
JOB NO.:
DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg LOCATION MAP 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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20000.29
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LOCATION MAP
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-01 OF 07
858
82
886
41
MARCO
ISLAND
EVERGLADES
CITY
93
29
846
NAPLES
90
90
839
94
837837
841
29
29
29
839
839
92
887
846
951
862
I-75
84864
31
856
850
846890
896
N
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SUBJECT
PROPERTY
KEY WEST
TAMPA
FT.MYERS
MIAMINAPLES
EXHIBIT "A"
N
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W
01020 40
SCALE IN FEET
,
1680 VINLAND WAY
NAPLES FL 34108
REV#:
CREATED:
DRAWN BY:
JOB NO.:
DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg EXISTING CONDITIONS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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EXISTING CONDITIONS
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-02 OF 07
MHW = 0.44'
(NAVD '88)EXISTING
TOP OF BANK
AND RIP RAP
RIPARIAN
LINE
RIPARIAN
LINE
EXISTING RIP RAP
PROPERTY LINE
PROPERTY LINE
TOE OF RIP RAP 7.5' SE
T
B
A
C
K
7.5' SE
T
B
A
C
K
APPROX
MLW -1.53'
(NAVD '88)
x SURVEY COURTESY OF:
xx SURVEY DATED:
x THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
INTENDED FOR CONSTRUCTION USE.
x ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW
x APPLICANT OWNED SHORELINE (APPX LF):
x EXISTING OVERWATER STRUCTURE (APPX SF):
x WIDTH OF WATERWAY, MHW TO MHW (APPX):
x TIDAL DATUM:
xx MHW (NAVD)=
xx MLW (NAVD)=
NOTES:
"COURT GREGORY SURVEYING, INC."
05-10-21
-1.53'
+0.44'
67'
0
121.6'
RIPARIAN
SETBACK
LINE
ADJACENT
EXISTING DOCK
AND LIFT
ADJACENT
EXISTING DOCK
AND LIFT
N
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W
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NAPLES FL 34108
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DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg DOCK PLAN 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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DOCK PLAN
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-03 OF 07
MHW 0.44'
(NAVD '88)
EXISTING
TOP OF BANK
AND RIP RAP
RIPARIAN LINE
RIPARIAN LINE
TOE OF RIP RAP
6'20'
RAMP
DOWN
6'
OPTIONAL
BOAT LIFT
FIXED DOCK
PROPOSED
HAND RAIL
10'
AA
04
7.5'
7.5'
PROPERTY LINE
10'51'
18'
APPROX
MlW -1.53'
(NAVD '88)
PROPOSED
HAND RAIL
27'
4'X4'
FLARE
(TYP)
18'15.5
'30.4
'
MHWL
PROTRUS
ION41'
x SURVEY COURTESY OF:
xx SURVEY DATED:
x THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
INTENDED FOR CONSTRUCTION USE.
x ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE REFERENCED TO MLW
x APPLICANT OWNED SHORELINE (APPX LF):
x EXISTING OVERWATER STRUCTURE (APPX SF):
x WIDTH OF WATERWAY, MHW TO MHW (APPX):
x TIDAL DATUM:
xx MHW (NAVD)=
xx MLW (NAVD)=
NOTES:
x PROPOSED OVERWATER STRUCTURE (APPX SF):
x TOTAL OVERWATER STRUCTURE (APPX SF):
x TOTAL PROTRUSION FROM MHWL:
"COURT GREGORY SURVEYING, INC."
05-10-21
-1.53'
+0.44'
67'
0
121.6'
542
542
30.4'11'
RIPARIAN
SETBACK LINE
RIPARIAN
SETBACK
LINE41'
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-04 OF 07
MHW 0.44' (NAVD '88)
EXISTING
RIP RAP
TOE OF RIP RAP
FIXED DOCK
PROPOSED HAND RAIL
MLW -1.53' (NAVD '88)
15.5' BOAT LIFT
3'EXISTING
TOP OF
RIPRAP
20'6'
ALL PILES TO BE WRAPPED
FROM 6" BELOW SUBSTRATE
TO 12" ABOVE MHW
30.4'11'
41' PROTRUSION
03612
SCALE IN FEET
DEPTHS
VARY
PROPERTY
LINE
30'20'32'
N
E
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W
050100 200
SCALE IN FEET
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1680 VINLAND WAY
NAPLES FL 34108
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DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg ADJACENT DOCKS 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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ADJACENT DOCKS
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-05 OF 07
MHWL
PROPERTY LINEVINLA
N
D
W
A
Y
41'42'34'34'36'47'46'44'43'
NOTE:
THE DIMENSIONS SHOWN ARE APPROXIMATE
AND ARE TAKEN FROM THE AERIAL IMAGE.60'±
THREAD OF
NAVIGATION
N
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W
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SCALE IN FEET
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1680 VINLAND WAY
NAPLES FL 34108
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DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg SUBMERGED RESOURCE SURVEY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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SUBMERGED RESOURCE SURVEY
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-06 OF 07
PROPERTY LINE
NO SEAGRASSES WERE
OBSERVED GROWING
WITHIN 200 FT OF THE
PROPOSED PROJECT.
200'121.6
'10'
TRANSECTS
N
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SCALE IN FEET
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1680 VINLAND WAY
NAPLES FL 34108
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DESIGNED:p:\20000 garland jobs 2020\20000.29 sherrill-1680 vinland way\CAD\PERMIT-COUNTY\20000.29-BDE.dwg WIDTH OF WATERWAY 1/10/2022THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.S E
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WIDTH OF WATERWAY
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-07 OF 07
PROPERTY LINE
25% WIDTH OF
WATERWAY121.6
'
W
IDTH
OF
WATERWAY30.4
'41'