HEX Final Decision 2022-36HEX NO. 2022-36
HEARING EXAMINER DECISION
DATE OF HEARING.
August 11, 2022
PETTTInN
Petition No. BDE PL20210000087 — 336 Oak Avenue — Request for a 23-foot boat dock
extension (BDE) over the maximum 20 feet allowed by Section 5.03.06 of the Collier County
Land Development Code for a total protrusion of 43 feet to accommodate a boat dock facility
with two vessels for the benefit of property described as Lot 11, Block 1 Conner's Vanderbilt
Beach Estates, Unit 2, also described as 336 Oak Avenue, in Section 32, Township 48 South,
Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
Petitioner requests an extension for a boat dock facility that protrudes 43 feet into the waterway to
accommodate a 38-foot-long vessel.
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. Dr. Ronald Cohen residing at 432 Oak Avenue, Naples, FL appeared at the
public hearing and objected to the length of the catwalks.
Page 1 of 5
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 property has an existing dock and decked over boatlift that was approved
via Permit# PRBD2019114618001. The proposed facilities will consist of a boat dock
facility with two vessels, which is appropriate in relation to the 75 feet of shoreline.
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 BEENMET. The water depth is not an issue. The reason for this BDE request is due
to the applicant's new vessel and the overall size and not water depths.
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. As proposed the dock and boatlifts will not impact navigation as there is no
marked channel within this area of Vanderbilt Lagoon and more importantly the overall
width of waterway is 692 feet across from the proposed docking facility. As proposed the
dock will not impact navigation within the subject 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
facilities on either side is maintained for navigability. (The facility should maintain the
required percentages.)
'The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The drawing in the applicant's support material shows the waterway is 692
feet wide at mean high water line (MHWL). The proposed dock protrusion is 43 feet which
is 7% width of the waterway.
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 drawing in the applicant's support material shows the proposed dock
would be 15 feet from the east riparian line and 15 feet from the west riparian line. The
survey indicates the proposed dock facility will not interfere with the use of 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
NOT BEEN MET. Nothing other than the fact that the applicant wants or has a 38 foot
vessel and wants to access the boat lift designed for that vessel perpendicular to the seawall
is the reason for the BDE petition.
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 As shown on the drawings by the petitioner, the deck area 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 BEENMET. The subject property contains 75 feet of water and canal frontage, and
the vessel is 38 feet or 51 % of the water/canal 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.)
Page 3 of 5
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The proposed dock facility appears to be centered within the property
boundary and far enough from neighboring properties to minimize any potential visual
interference.
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. The submerged resources survey provided indicates that no seagrass beds
exist within the footprint of the dock. No seagrass beds will be impacted by the proposed
dock facility.
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 individual docks behind individual residences.
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 Petition. The Petition meets 4 out of 5 of the primary
criteria and 4 out of 6 secondary criteria, with one of the criteria being not applicable.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210000087, filed by Jeff
Rogers of Turell, Hall & Associates, Inc. representing Matthew Pikus, with respect to the property
described as Lot 11, Block 1 Conner's Vanderbilt Beach Estates. Unit 2, also described as 336 Oak
Avenue, in Section 32, Township 48 South, Range 25 East, Collier County, Florida, for the
following:
• A 23-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 of
the Land Development Code (LDC) to allow a total protrusion of 43 feet to accommodate
a boat dock facility with two vessels on a parcel zoned Single Family Residential (RSF-3).
Said changes are fully described in the Proposed Dock Plans attached as Exhibit "A" and are
subject to the condition(s) set forth below.
Page 4 of 5
ATTACHMENTS.
Exhibit A — Proposed Dock Plans
LEGAL DESCRIPTION.
Lot 11, Block 1 Conner's Vanderbilt Beach Estates, Unit 2, also described as 336 Oak Avenue, in
Section 32, Township 48 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.
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
Page 5 of 5
EXHIBIT "A"
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SITE ADDRESS:
<> 336 OAK AVE <> LATITUDE: N 26.257108
NAPLES, FL 34108 <> LONGITUDE: W-81.819741
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
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COUNTY AERIAL
Tunell, Hall & Associates, Inc.
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03-07.22
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` RIPARIAN LINE r
15' j-- —'j 15'
RIPARIAN EXISTING
LINE DOCK RIPARIAN
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RIPARIAN LINE
SETBACK LINE
DESIGNED'. JR 1. RNU 03-07-22 JR ADDED LABELS
Terrell, Hall &Associates, Inc. P 1 K L S � O C K DRAWN BY: RMJ 2. RAIJ OF,422 JR REMOVED STEMWALL
Marine &Environmental Consulting CREATED: 01-03.22 3. 5A J -09 OB.22 JR ADDED LABEL
JOB NO. 21002.00 <.
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Email: tuna@thanaples.com Phone (239)643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP-48S RANGE-25E
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NOTES:
• THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT
INTENDED FOR CONSTRUCTION USE.
• ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE
REFERENCED TO MLW
• SURVEY COURTESY OF. •ABB, INC•
•
• SURVEY DATED. 07.20-20
• APPLICANT OWNED SHORELINE{APPX LF)
75,
• EXISTING OVERWATER STRUCTURE (APPX SF)
367
• WIDTH OF WATERWAY- MHW TO MHW (APPX):
68Y
• TIDAL DATUM:
MHW (NAVD) +0.30
« MLW (NAVD) tar
• PROPOSED OVERWATER STRUCTURE (APPX SF).
241
• TOTAL OVERWATER STRUCTURE (APPX SF).
608
• TOTAL PROTRUSION FROM PROPERTY LINE.
43•
""T'1l, Hall &Associates, Inc.
Marine & Environmental Consulting
3584ExchangeAve. Naples, FL34104-3732
P 1 1-c LJ S � O C K
PROPOSED DOCK
DESIGNED
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ADDED LABELS, REV F
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CREATED:
RMJ
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SHEET NO.
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EXISTING
CONCRETE
SEAWALL CAP
STRINGER
MHW = +0.30' NAVD 88
MLW NAVD 88
1
43' PROTRUSION FROM
PROPERTY LINE
38' DOCK
-- CAP
TIMBER
— ALL PILES TO BE
WRAPPED FROM 12"
ABOVE MHWL TO 6"
BELOW SUBSTRATE.
DOCK SECTION AA
SCALE: 1" = 5'
14' BOATLIFT
N.T.E. 10'
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JOB NO.: 21002.00 14.
3584 Exchange Ave. Naples, FL 34104-3732 CROSS SECTION SHEET NO. 04OF07 IS.
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 law SECTION-32 TOWNSHIP-48S RANGE-25E
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PROPERTY II
BOUNDARY III
SITE ADDRESS: �- # N
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336 OAK AVE' • .* T,{
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— — NO SEAGRASSES WERE
OBSERVED GROWING
WITHIN 20OFT OF THE
— — — — — — — — PROPOSED PROJECT
— — — — — — — — — — —
0
TRANSECT LINE
(10' APART)
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TYPICAL DIVE TRANSECT
DESIGNED JR Ell
JR REVISED DOCK
Terrell, Hall &Associates, Inc. P I K U S O C K o Marine& Environmental ConsultingJOB NO. 21002.003584ExchangeAve. Naples, FL34104-3732 SUBMERGED RESOURCE SURVEY
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Email: tuna@thanaples.com Phone- (239) 643-0166 Fax: (239) 643-6632
NOTE: THE DIMENSIONS SHOWN
ARE APPROXIMATE AND ARE
TAKEN FROM THE AERIAL IMAGE.
-ReaDESIGNED JR 1 RMJ 0307.22 JR REVISED DIMENSIONS TEM
DRAWN BY RMJ 2 RMJ 05_31_22 JR I REVISEDDDOK
SECTION-32 TOWNSHIP-48S RANGE-25E