HEX Final Decision 2022-26HEX NO. 2022-26
HEARING EXAMINER DECISION
DATE OF HEARING.
May 12, 2022
PETITION.
Petition No. BDE-PL20210000569 - Request for a 38.1-foot boat dock extension from the
maximum permitted protrusion of 20 feet allowed by Section 5.03.06 of the Collier County
Land Development Code for waterways greater than 100 feet in width, to allow a boat
docking facility protruding a total of 58.1 feet into a waterway that is 1,000± feet wide. The
subject property is located at 2 Dolphin Circle and is further described as Lot 107, Isles of
Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks to replace an existing accessory dock facility, approved by petition No. BD-
93-22 / CCPC Resolution No. 94-1 in 1994, that allowed for a 40-foot boat dock extension (total
60-foot protrusion). The new boat dock facility will be comprised of a finger pier with terminal
platform and two boat lifts, one on either side of the pier, one to accommodate a 30-foot vessel
and the other for two personal watercraft, that will protrude 58.1 feet into Capri Pass.
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.
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:
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 an RSF-4 zoning district and is
improved with a single-family dwelling for which the LDC allows two boat slips. The
proposed project consists of a single dockfacility with two boatlifts, one for a 30 foot vessel
and the other for up to two personal watercrafts.
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
BEENMET. There is insufficient water depth for a 30- foot vessel to be launched at Mean
Low Tide.
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 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
'The Hearing Examiner's findings are italicized.
Page 2 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 waterway width from the subject property to the nearest landmass is
1,000± feet. The proposed dock facility protrusion is 58.1 feet which comprises 5.81
percent of the waterway; there is no dock facility on the opposite shore, therefore greater
than 50 percent of the waterway is maintained 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 proposed dock facility will satisfy side setback requirements, 15 feet
from the west riparian line and 25 feet to the east riparian line and will not interfere with
public navigability or with ingress/egress to any of the neighboring docks.
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 main obstacle surrounding this property are the required setbacks, the
neighboring properties with dock facilities, and the aquatic preserve. The subject property
is one of two that comprise a corner; both are trapezoid shaped properties, the subject
property has significantly more water frontage than the neighboring property that has
significantly more street frontage and isn't conducive of a dock facility with only 39 feet
(platted) of water frontage. The legality of the dock to the south is questionable as the
property has been razed and staff is unable to locate a permit for a new principal structure.
The subject property is no longer in its platted condition as a result of accretion and
shoaling, as reflected by the issuance of a state Certificate dedicating use of said area to
the subject property.
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 is comprised of a 4 foot finger pier with two lifts,
a catwalk, and a terminal platform that is necessary for loading/unloading and routine
maintenance.
Page 3 of 6
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 BEENMET. The proposed dock facility has been designed to moor a 30 foot vessel
and up to two personal watercrafts of approximately 10 feet each; therefore, the combined
length of the vessels will exceed 50 percent of the property's linear water frontage.
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 will satisfy setback requirements and given its unique
location, the convergence point of two platted streets, will cause no greater impact upon
the waterfront views of neighboring properties than the existing dock facility.
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
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 one criterion found not to be applicable.
Page 4 of 6
"VrTCTnN
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000569, filed by
Nancy Sciog of Collier Seawall and Dock representing Bryan Purse and Yvonne Purse, with
respect to the property described as 2 Dolphin Circle, further described as Lot 107, Isles of Capri
No. 1, in Section 31, Township 51 South, Range 26 East. Collier County, Florida, for the
following:
• A 38.1-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 58.1 feet into a waterway that is 1,000± feet wide for the benefit of the subject
property.
Said changes are fully described in the Site and Dock Plans attached as Exhibit "A" and the
Specific Purpose Survey attached as Exhibit `B" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site and Dock Plans
Exhibit B — Specific Purpose Survey
LEGAL DESCRIPTION.
2 Dolphin Circle, further described as Lot 107, Isles of Capri No. 1, in Section 31, 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.
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 5 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.
June 10, 2022
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 6 of 6
EXHIBIT "A"
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CUSTOMER SIGNATURE:
PURSE - 2 DOLPHIN CIR. - I.O.C.
ti SHEET NO. SCALE: 1"=30*-O" APPROVED BY., DRAWN- BYXD
DATE: 11 /06/2020 REV:
"f SEAWALL q l COLLIER SEAWALL & DOCK, LLC
& DOCK DRAWING NUMBER:
EXISTING COND. - 2019 AERIAL
c
TYPICAL
WATER CRA
58. I'
/ APPROXIMATE
® M.H. W.L. -
�X
�� PROPOSED
DOCK
TYPIAL 25'
WATER CCR FT�%/�/ 'ram
PROTRUSION DETAIL
SCALE: 1 -2a
Q- FISH TABLE
I"1 - LADDER
ML • BRONZE MUSHROOM LIGHT
LV • LOW VOLTAGE LIGHT
SL • SNOOK LIGHT
ar.a- DEEP GLOW - BLUE
PC • PHOTO CELL
$ -SWITCH
0 • GFI RECEPTACLE
R -REMOTE
GFI • GFI BREAKER
W - WATER SPIGOT
- 10' •S' CLEAT
q - BUMPER
®- SHORE POWER
160 SOFT TERMINAL I
x� PLATFORM TO ALLOW
ACCESS TO FRONT OF PWC
LIFT
I
f W LV2 LV
5 12' I_ LV
y 21.7
GFI p
/ I NEW
If 12.5 I 12K r x J I
/ I LIFT I E I I
K . INSTALL NEW 6K LIFT
APPROXIMATE DRAFT ]_ I T f WITH CATWALK
OF PROPOSED VESSEL: 3' I I OR 12' �,..I I
/ I GFh. LIV i FISH TABLE I
I i I
Lv 'Lv
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L —j
— I a I
/ — I I
PROPOSED 358 SOFT DOCK ILV = J
(311 SOFT OVER WATER) I =�= LV I
EXISTING DOCK
OUTLINE
APPROXIMATE M.H.W.L.
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2/
J/
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PARCEL AS ACCEPTED AND
DESCRIBED IN CERTIFICATE BOARD
OF TRUSTIES NO.42143(6842•II)
/
0.04 ACRES i)
J
/
4'
~ NG It:
<> ALL PROTRUSION 011ENSIONS FROM WET WALL
<> FINAL DESIGN SUI3.ECT TO PROFESSIONAL SURVEY
o DOCK PILE HEIGHTS TO BE 4S• ABOVE DECK, LIFT PILES TO
BE 74' ABOVE DECK U.N.O
<> BY SIGNING BELOW. I AGREE TO ALL PLAN DETAILS. ANY
RANGES WILL BE
BILLED ON A TIME AND MdTERIAL BASIS.
<> ALL DIMENSIONS ARE APPROXIMATE AND FINAL DESIGN WILL j
BE BASED ON FIELD MEASUREMENTS.
1
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EXISTING NEIGHBORING DOCK
NOTES:
<> NO VEGETATION ALONG RIPRAP
<> NO SEA GRASSES IN THE AREA OF PROPOSED
CONSTRUCTION
m PURSE - 2 DOLPHIN CIR. - I.O.C.
SHEET NO. SCALE:3/32'=1' >>PRRo`�o�'-TDRAWNBY.
A2 DATE: 10/21/2020 REV 03/01!
AWA�� COLLIER SEAWALL & DOCK, LLC
& DOCK PROPOSED DESIGN °RA""GNUM
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1
(4) #12 THHN IN
3" CONDUIT FROM
POOL SUB PANEL
(3) #12 THHN IN
7" CONDUIT
(4) #12 THHN IN
CONDUIT
(3) #12 THHN IN
CONDUIT
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ML - BRONZE MUSHROOM LIGHT
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LV - LOW VOLTAGE LIGHT
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SL - SNOOK LIGHT
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ti
PC - PHOTO CELL
3
$ -SWITCH
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QD - GFI RECEPTACLE
R -REMOTE
GFI - GFI BREAKER
W - WATER SPIGOT
- 10" "S" CLEAT
4 -BUMPER
- SHORE POWER
PURSE - 2 DOLPHIN CIR. - I.O.C.
SHEET NO.
SCALE: 3132"=V-0"
APPROVED BY:
DRAWN BY:KD
A3COLLIER
DATE:' /06/2020 REV: 02/25/2021
SEAWALL & DOCK, LLC
ELECTRICAL DESIGN DRAWING NUMBER:
58.1'
PROPERTY LINE EXTENTS 10' MAX.
folz
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A TYPICAL ELEVATION
.ALE: 1/8" = 1'
CUSTOMER SIGNATURE:
dff�SFAW
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&DOCK
• _ _ — —L (Y. N4VD 88 33' NAVD 88)
— — — �— — -- — p: AV
— — MLW(-1.68' NAVD 88)
PURSE - 2 DOLPHIN CIR. - I.O.C.
SHEET NO. SCALE: 1/8"=V-0" APPROVED BY, DRAWN BY:KD
DATE: 03/01 /2022 REV:
A4COLLIER SEAWALL & DOCK, LLC
TYPICAL SECTION DRAWING NUMBER:
EXHIBIT "B"
A. Auww
x•ooanoRorDawmNl \ aA 6001\
aoxsl4 ATERW
INLAND WATERWApr pas
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EXISTINO
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LINE TABLE
LINE LEM" BEARNO
L1 40.10 {t7D9341"
L2 31A2 MB4'3111M
L3 20A3 NSIT327E
LA 22.74 MIT13133E
L8 13A4 9W4900E
PROPOSED DOCK SCALE 1•=40 LOT 108
PROPOSED DOCK DETAIL
12P ^
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INLAND WATERWAY .•2a K .. /
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CURVE TABLE
CURVE NGTN LERADIUS CH BEAR CH DEL
Cf MURI 28A0 NOWN-54E 1&74 427211'
LOT 107 CONTAWa 037 ACRES OF LAND
MORE GR LESS.
LIaED IN
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LOT 106
(IMPROVFMEN SNOT SHOWN)
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NOTES
1 THE BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF DOLPHIN AVE (PLAT)
AS SHOWN IN PLAT BOOK 3 PAGE 41
OF COLLIERCOUNTY, BEING SOUTH 8901P EAST.
2AMPROVEMENTS OTHER THAN THOSE SHOWN
ARE NOT A PART OF THIS SURVEY.
3.SAID DESCRI8E0 LAND IS SUBJECT TO ALL SU80NMION
REGULATIONS, RESERVATIONS, RESTRICTIONS. ZONING AND
RIGHTS -OF WAY OF RECORD.
4 DATE OF FIELD SURVEY NOVEMBER 24. 2020.
S.THIS SURVEY MAR IS NOT VAUD WITHOUT THE SIGNATURE
AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER ADDITIONS OR DELETIONS TO SURVEY MAPS
OR REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT
OF THE SIGNING PARTY OR PARTIES
&SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE
NOT EXAMINED AS A PART OF THIS SURVEY NO STATEMENT
IS MADE CONCERNING THE EXISTENCE OF UNDERGROUND
OR OVERHEAD CONTAINERS. UTUTTES OR FACILITIES THAT
MAY AFFECT THE USE OR DEVELOPMENT OF THIS PROPERTY
TELEVATIONS SHOWN ARE BASED ON NAND. DATUM OF IM.
DESCRIPTION OF ENCHMARK IS AS FOLLOWS SPKN&D 48004
IN EDGE OF ROAD AT THE NORTH PROP LINE EXT ELEV • 4.2T
B.THE PURPOSE OF THIS SURVEY IS TO SHOW THE EXISTING
AND PROPOSED DOCK STRUCTURES NTH RESPECT TO THE
PLATTED PROPERTY LINES.
9.SUBJECT PROPERTY IS SITUATED W FLOOD ZONE' ' AS
INDICATED ON FEMA FLOOD ZONE MAP PANE:. NO
DATED: BASE ELEVATION DETERMINED AT NIA
IGNO TITLE OPINION OR ABSTRACT TO THE SUBJECT PROPERTY
HAS BEEN PROVIDED ALL INFORMATION HAS BEEN SUPPLIED
BY THE CLIENT IT IS POSSIBLE THAT THERE ARE DEEDS,
EASEMENTS, OR OTHER INSTRUMENTS I RECORDED OR
UNRECORDED) WHICH MAY AFFECT THE SUBJECT PROPERTY
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE
SURVEYOR.
11 THE LAND DESCRIPTION SHOWN HEREON IS BASED UPON THE
INSTRUMENT OF RECORD
LEGEND
D EXISTING SPOT ELEVATIONS & MLW LINE
OF REVISION 02-15.2021
DOCK DESIGN & LOCATION
OF REVISION 03-26-2021
:0.4 MLW CONTOUR LINE
OF REVISION 04-05-2021
:D ACCEPTED PARCEL BOARD OF TRUSTEE
OF REVISION 01.27-2022
- MAP OF
PECIFIC PURPOSE SURV
(PROPOSED DOCK SITE PLAN)
LOT 107
OF
ISLES OF CAPRIS NO.1
AS RECORDED IN
PLAT BOOK 3 PAGE(S) 41
OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
2 DOLPHIN CIRCLE
2 DOLPHIN AVE (PLAT)
CERTIFIED TO:
COLLIER SEAWALL & DOCK LLC
CERTIFICATION:
I CERTIFY THAT THIS SURVEY WAS MADE UNDER MY
DIRECTION AND THAT IT MEETS THE STANDARDS OF
PRACTICE SET FORTH BY THE BOARD OF PROFESSIONAL
LAND SURVEYORS AND MAPPERS IN CHAPTER 5J-17,
FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION
472.027, FLORIDA STATUTES
NOT CERTIFICATION OF TITLE, ZONING. EASEMENTS OR
FREEDOM OF ENCUMBRANCES.
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