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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" O O O Qv o O 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 I 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. ZJ---_ 2/ J/ �! �r P o/ 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 t1 t 11 � 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 K� / / / / 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 L JO LV a � GF• LV W LV L'V L V' iOSS 12EFOAA WW ALL &DOCK � 0 3 1 � c a 0 G 0 W 1 n m I W 1 O O 1 z `— INSTALL NEW 6K LIF A WITH CATWALK n x i 0 N I � � n O N 0 0 n �- FISH TABLE x p� -LADDER ML - BRONZE MUSHROOM LIGHT ti LV - LOW VOLTAGE LIGHT ti SL - SNOOK LIGHT o c4=9 - DEEP GLOW - BLUE ti PC - PHOTO CELL 3 $ -SWITCH o 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 JyY?;g A TYPICAL ELEVATION .ALE: 1/8" = 1' CUSTOMER SIGNATURE: dff�SFAW 7 5 ALL :6�f E &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 tB.tDI twatwwla. Y� / / EXISTINO wll"a4e /E u 28S a% xa4\a�` u • e dI 32 12JT "Ir xaT •d aI 3 MaYLxm 15$Q N!G NORTAUBIEO m4TarATM �OAa 13Jr RPIIN GDDA 4uTu FA- O�M0o4)r NSS'18'00'W PD°n 11001' (P) 00.W IV 1m 09JW O10 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 ^ G x X f2o /2D �a 4A INLAND WATERWAY .•2a K .. / PgOPOBED / WOOD / .OAV.v4e DOCK& / METAL LIFTS / A►AIMM� / 62N / 1 so a4awtx•tDtw w I 2&r IA4w1aY N IZRf . Fo4rxr��a^� 010Dq 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 LEES { w) fSCALEV-417 LOT 106 (IMPROVFMEN SNOT SHOWN) LOT 107 I I I Ib,, I !.s Lq I!✓Zwa i I U 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. Digitally Lgned try Court Gregory DW cn-Coun Gregory, 0-coun Gregory Surveying Inc ou, mallKgt600M@corMa alneL _U5 Date 202203.02 SIGNED 16:52:67-005W COURT H- GREGORY PSM #6004 DATE 03/02/2022 DATE OF FIELD SURVEY 11-24-2020 11 � I Oft o' A I LEGEND /> ROD (SURVEYOR to ) (FIR) Q • SETNIY IRON ROD (PSM 48004XSIRC) `v LOQSET • 4' NT �yD, u) FOUND C NCRETCONCRETEMONUMENT to Q FOUND CONCRETE MONUMENT (SURVEYOR ID U)(FCM) (SURVEYOR *-BENCHMARK (FOUND OR SET) RAN • RIGHT OF WAY(R.O.W.) CERTIFICATE BOARD NOA2149(aB1211) CL PELICAN ST WEST 0 • FOUND NAIL OR PK NAIL AND DISC ( SURVEYOR ID 0 (FPKN) / wQ • SET PK "LAND DISC (PSM 08004) (SPKN&D) FD. • FOUND / FN&TT • FOUND NNL AND TIN TAB 8M • ENCKMARK LB #7112 / (M) • FIELD MEASUREMENT (C) • CALCULATED MEASUREMENT PSM # 6004 FRe! 04D oD P.C.P -PERMANENT CONTROL POINT(#) C.L.• CENTERLINE P.RM • PERMANENT REFERENCE MONUMENT M (PG) • PAGE (P) OR (0) • PLAT OR RECORDED(DEED) MEASUREMENT s _ -`1%• (PS) • PLAT BOOK PL EXT • PROPERTY LINE EXTENDED UlwAP \ 77D� "WI1 CMP•CORRUGATED METAL PIPE CAN•CABLETV J FINISHED FLOOR U.T.S- UNITED TELEPHONE RISER WELL•CONCRETE. • CATCH BASIN ORINLET ^ `eJ �i w - GAT WATERKGATE VALVE R.C.P. •REINFORCED CONCRETE PIPE Court Gregory Surveying, Inc ^ 4 SANITARY SEWER PROP •PROPERTY %•SPOT ELEVATION 761 Teton Court • TOP OF BANK TOS • TOP OF SLOPE EOW • EDGE OF WATER Naples, Florida 34104 003 • BOTTOM OF BANK SOS • BOTTOM OF SLOPE EC, • EDGE OF 01/,TIIlBL IMPROVEMENTS NOT 8710'AMI CBS -CONCRETE BLOCK & STUCCO VG • VALLEY GUTTER ELEC•ELECTRIC TRANS• TRANSFORMER JAC• JACUZZI (239) 643-7M office Date 03/02f1022 W16* LOT 107 DRNNAAGEEASE ENTEASEMENTS-SIDES AE SEAE EMENT D cg'�D4@oomcascnet Job# EN40201MR5 p00q E LANDSCAPE PUE • PUBLIC UTILITY EASEMENT UE • UTILITY EASEMENT (239) 272-3707 cell Fb EN4-411 Pg 20 LMA(E)- LAKE MAINTENANCE ACCESS EASEMENT -. _ tME = InMA EASEMENT A.E.• ACCESS EASEMENT