HEX Final Decision 2022-43HEX NO. 2022-43
HEARING EXAMINER DECISION
DATE OF HEARING.
September 8, 2022
PF.TITI"N
Petition No. BDE-PL20210002702 - 152 Heron Avenue - Request for a boathouse to be
constructed upon or simultaneously with a single-family dock facility, pursuant to Section
5.03.06.F. of the Collier County Land Development Code, at 152 Heron Avenue, also known
as Lot 21, Block T, Conner's Vanderbilt Beach Estates Unit No. 3, in Section 29, Township
48 South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant seeks to add a boathouse to the already permitted dock. Submitted plans reveal the
boathouse will not encroach into the required 15-foot side/riparian setback and that, with exception
to the 3-foot roof overhang, only the roof overhang will protrude past the 20-foot threshold for
protrusion.
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.
Page 1 of 5
6. There are two (2) concurrent land use applications:
• Building Permit No.: PRBD20200831956 for 2-story single-family dwelling was
issued on 12/01/20 and received a Temporary Certificate of Occupancy (TCO) on
04/14/2022.
• Building Permit No.: PRBD20210943505 for a 362 square foot dock with 24k lift was
issued on 09/25/2021 and was extended on, or about, 03/28/2022; the permit is in
"Inspect" status.
7. The County's Land Development Section 5.03.06.F. lists the criteria for a boathouse facility.
The Hearing Examiner may approve, approve with conditions, or deny a boathouse request
based certain criteria. All criteria must be met in order for the request to be approved by the
Hearing Examiner.'
Primary Criteria:
1. Minimum side setback requirement: Fifteen Feet.
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET Asper the Site Plan Survey the west side of the boathouse is 15 feet from the
riparian line and the east side is 20 feet from its respective riparian line.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The canal width is 110 feet. The dock upon which the subject boathouse will
be constructed protrudes 20± feet into said canal. The Site Plan Survey and Boathouse
Plans demonstrate the subject boathouse will protrude 23 feet (inclusive of an allowable
3-foot roof overhang) into the II0 foot -wide canal.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever
is more restrictive, to the peak or highest elevation of the roof.
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The proposed height is 15 feet above the seawall.
4. Maximum number of boathouses or covered structures per site: One
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET Only one boathouse is to be built on this property.
'The Hearing Examiner's findings are italicized.
Page 2 of 5
5. All boathouses and covered structures shall be completely open on all 4 sides.
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The boathouse will be open on all four sides.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond "chickee" style. A single-family dwelling
unit must be constructed on the subject lot prior to, or simultaneously with, the construction
of any boathouse or covered dock structure.
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEENMET. The roofing material and color of the proposed boathouse will match that of
the single-family dwelling, the principal structure, that has just been constructed on the
subject property.
7. The boathouse or covered structure must be so located as to minimize the impact on the
view of the adjacent neighbors to the greatest extent practical.
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The boathouse is located within the required side/riparian setbacks and is
consistent with other similar facilities along the subject shoreline.
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.F
of the Land Development Code to approve Petition. The Petition meets all criteria. Despite the
plans for the boathouse being correct, the plans for the dock and lift are slightly off as protrusion
was not measured from the most restrictive point. This discrepancy has been made known to the
applicant's agent who responded that they would resolve the discrepancy by providing a plan
revision to the Building Department.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BDE-PL20210002702, filed by Bill
Nelson of Greg Orick Marine Construction, Inc. representing Kenneth L. Siebert, with respect to
the property described as 152 Heron Avenue, also known as Lot 21, Block T, Conner's Vanderbilt
Beach Estates Unit No. 3, in Section 29, Township 48 South, Range 25 East. Collier County,
Florida, for the following:
A boathouse to be constructed upon or simultaneously with a single-family dock facility,
pursuant to Section 5.03.061 of the Collier County Land Development Code (LDC), for
the benefit of the subject property.
Page 3 of 5
Said changes are fully described in the Site Plan Survey attached as Exhibit "A" and the Boathouse
Plans attached as Exhibit `B" are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site Plan Survey
Exhibit B — Boathouse Plans
LEGAL DESCRIPTION.
152 Heron Avenue, also known as Lot 21, Block T, Conner's Vanderbilt Beach Estates Unit No.
3, in Section 29, Township 48 South, Range 25 East. Collier County, Florida
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development;
2. The Map of Site Plan Survey and Boathouse plans, Exhibits A and B, represent the most
current plans for the subject boat dock facility;
3. Plans for Building Permit No. PRBD20210943505 must be revised to demonstrate that the
protrusion has been measured from the property line, which has been determined to be the
most restrictive point of measure per LDC Section 5.03.06.C.1, thereby making them
consistent with those of Exhibits A and B;
4. A building permit for the subject boathouse must be applied for and obtained following the
satisfaction of Condition No. 2. thereby ensuring plans for the dock and lift are consistent
with that of the boathouse that are contained herein as Exhibits A and B; and
5. Upon completion of construction, must obtain a Certificate of Completion for both the
boathouse and dock with lift permits which will then complete the subject boat dock
facility; however, said Certificates cannot be issued until such time as a Certificate of
Occupancy has been issued for the principal structure.
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.
Page 4 of 5
APPFAT,C
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"
N
SCALE: 1 "= 40'
OUND IRON ROD
& CAP ILLEGIBLE
S 89'52'57• E
80.00'
FOUND
IRON
w
0 0
21 O N
o
z
RECOVERED PK NAI
& DISK LB3664
S 89'S2'S7' E
80.00'
CANAL
0 0
0
O N
0
o •-
z
HERON AVE.
(60' R.O.W.)
ECOVERED IRON ROD
& CAP LB3664 FOUND 5/8///fl
IRON ROD
DRILL HOLE
PREPARED FOR: KEN SIEBERT
DATE OF FIELD SURVEY: AUGUST 28. 2021
AGNOLI, BARBER & BRUNDAGE. INC
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS
Dpa,l, 1 bq -- D A-1
BY____ OR E-,va1.�,eMc.w,n DN•w,v.o
-WayR2�3e-AEjFTE1H-f�-S. AA. �-• �..,,.�aeruMwo..
g�.rts.a�.••:
L4lapba.5•Fb,da, C•US
b.'2022W 13 Wa 24-0 W
WAYNE D. AGNDU. R S.M . NO.. 5335 DATE _________________
THIS SITE PLAN SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA
ADMINISTRATIVE CODE. PURSUANT TO SECTION 472027. FLORIDA STATUTES
IRON ROD
THIS SITE PLAN SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE
AP ILLEGIBLE
ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER
11i i�1aaa���
I p„4 a
ADDITIONS
OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING
,gay NE v,
Y
PARTIES
J SYp,J'Q.ZIPIC•9•;O�':
WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES IS
PROHIBITED BY
No. 5335 • =
CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.
v STATE OF ;: i
THIS SITE PLAN SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY, NOT
r'• a p i v
'••.0R10:
THE SIGNATURE DATE.
"'o SuRVE'IO�b`,
GENERAL NOTES:
1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF
2. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM ,
EAST ZONE. NAD 83/90 DATUM AND REFERENCED TO THE
NORTH LINE OF LOT 21. BLOCK T, CONNERS VANDERBILT BCH EST. UNIT 3.
SECTION 29. TOWNSHIP 48 SOUTH. RANGE 25 EAST.
COLLIER COUNTY. FLORIDA. AS BEING SOUTH 89' 52' 57" EAST
3, HORIZONTAL COORDINATES WERE DERIVED BY CPS OBSERVATIONS USING A
TRIMBLE DUAL FREQUENCY RECEIVER (MODEL RIO). RECEIVING CORRECTIONS
FROM TRIMBLE VRS NOW RTN (REAL TIME NETWORK)
4.VERTICAL: ELEVATIONS ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM
OF 1988 (NAVD 88).ELEVATIONS WERE ESTABLISHED USING LONG TERM
OBSERVATIONS WITH A TRIMBLE (MODEL R10) DUAL FREQUENCY RECEIVER CPS
(GLOBAL POSITIONING SYSTEM).
SURVEYOR'S NOTE: THE PURPOSE OF THE SURVEY IS TO LOCATE THE SEAWALL
AND THE WATERWARD EXISTING CONDITIONS ONLY. NO UPLAND IMPROVEMENTS
HAVE BEEN LOCATED UNDER THE SCOPE OF THIS SURVEY.
152 HERON AVE.
CONNER'S VANDERBILT BEACH ESTATES, UNIT NO.3
SECTION 29, TOWNSHIP 48 SOUTH 8 RANGE 25 EAST
(PLAT BOOK 3 8 PAGE 89)
\\-,ROPERTY
21
N
LINE
PROPERTY
LINE
SCALE:
1"= 20'
ROPERTY LINE
EXISTING SEAWALL
EXISTING SEAWALL ELEV.=3.14'
x 4.3
390 x 3.4
GN
ELEV.=3.27' x 3.9 x 3 7
CND GND
CND
x CND
x 3.1 XISTING SEAWALL
GNLEV.�2.65'
x
■`-2.6
20� 20.0
x - 3 4
BOT7 _
a
14
BOT
o
0
N
y
15.0
23.0
3 0'
a0.0•
ROPOSED BOAT LIFT
PROPOSED
W/PILES
ROPOSED BOATHOUSE
CANAL
152 HERON AVE. PROPOSED BOAT LIFT, DOCK & BOATHOUSE
for. KEN SEIBERT
dasgn'
o8e: MAP OF SITE PLAN SURVEY OF LOT 21. BLOCK T
drawn:
CONNER'S VANDERBILT BEACH ESTATES, UNIT NO.3
Lo
SECTION 29. TOWNSHIP 48 SOUTH 8 RANGE 25 EAST
checked:
(PLAT BOOK 3 8 PAGE 89)
WDA
COLLIER COUNTY, FLORIDA
atad #:
" P9: date:
task
t�GNOLI 1256 4 MAY 12.2022
XXXX-XX
wale:
project#:
BARBERS 1 =za
mgo #:
09-0086-1
'1BRUNDAGE,— 09-008-1
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12893
EXHIBIT "B"
East
Riparian Line
23
22 6
18 4
80
Proposed
Boat House
1.007 ft z
I
y
West
3 Overhang Riparian Line
t �
Existing
Dock
23
25 2 20 1
Seawall
Seawall
20' • • 15
----------------------------------- --- ------------------------------------------------------- ---- - --------
3
Property Line —
GREG ORICK MARINE
CONSTRUCTION, INC.
(239) 949•5588
Name: Ken Seibert
Address: 152 Heron Ave
Naples, FL 34108
Date: 7/27/2022
Approved Signature:
Approved Date:
15,
Proposed Boathouse,
Roof Material & Color To Be Same As House
3'
25' Z'
23'
P/L
Seawall --1H H -
20
MHWL �.d� 0.3' NAVD
MLWL « -1.3' NAVD
1 Existina Bottom
10' 6"
Existing Dock
GREG ORICK MARINE Name: Ken Seibert Approved Signature:
CONSTRUCTION, INC. Address: 152 Heron Ave
31 Naples, FL 34108 Approved Date: ��
(239) 949.5588 Date: 7/27/2022 ,