HEX Final Decision 2022-51HEX NO. 2022-51
HEARING EXAMINER DECISION
DATE OF HEARING.
October 27, 2022
PF.TITI"N
Petition No. VA-PL20220004839 - 406 Cristobel Street - Request for a variance from section
5.03.06.E.5 of the Land Development Code to reduce the required side setback for a boat
dock facility from 15 feet to 5 feet on the west side for a lot with 85f feet of water frontage
located at 406 Cristobal Street and is further described as Lot 579, Isles of Capri No. 3, in
Section 32, Township 51 South, Range 26 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests to modify an existing dock facility to allow for a second boat slip with a
boatlift and vessel.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) 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 is a companion Petition No. BDE-PL20220004181, to allow the proposed boat dock
facility to protrude a total of 26 feet into a waterway that is 358± feet wide.
7. Notice Requirements for Variance petitions are contained within LDC Section 10.03.06.F.2.
The required Agent Letter was sent to all property owners located within 150 feet of the subject
property on or about September 12, 2022. Notice of the Hearing Examiner's public hearing
was provided by newspaper advertisement, mailed notice to owners within 500 feet of the site,
and posting of a public notice sign on the site at least 15 days prior to the hearing.
8. The County's Land Development Section 9.04.03 lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify
any request for a variance from the regulations or restrictions of the Collier County Land
Development Code.I
1. Are there special conditions and circumstances existing, which are peculiar to the location,
size and characteristics of the land, structure or building involved?
The record evidence and testimony from the public hearing reflects that the subject
property is located upon a waterway/bay that is classified by the State of Florida as an
aquatic preserve. The State's aquatic preserve rules limit the size, location, and protrusion
of docks; most significantly, the dock cannot protrude out past the 4-foot MLW contour
line or 25 feet from the MHWL/seawall.
2. Are there special conditions and circumstances, which do not result from the action of the
applicant such as pre-existing conditions relative to the property, which are the subject of
the Variance request?
The record evidence and testimony from the public hearing reflects that as stated above,
the property is located within a natural waterway classified as an aquatic preserve by the
State of Florida and therefore the dock design must meet the state's rules for aquatic
preserves which are more restrictive on the overall allowed protrusion. There are no
variances or deviations allowed per the state's rules other than encroaching into a side
yard. As a result, the applicant is seeking a variance from the side/riparian setback to
comply with the County's LDC.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and
undue hardship on the applicant or create practical difficulties for the applicant?
The record evidence and testimony from the public hearing reflects that the denial of this
petition request would prevent the applicant from having any options to store the two
vessels he currently owns on site due to no other dock configuration options that would
accommodate both vessels. This is due to the state's aquatic preserve rules which limit the
applicant's ability to protrude any further out into the subject waterway than 25 feet.
'The Hearing Examiner's findings are italicized.
Page 2 of 5
Additionally, the subject property being zoned RSF3 residential single-family property is
allowed 2 boat slips. Single-family zoning typically allows for two boat slips.
4. Will the Variance, if granted, be the minimum Variance that will make possible the
reasonable use of the land, building or structure and which promote standards of health,
safety, and welfare?
The record evidence and testimony from the public hearing reflects that the proposed
docking facility has been reduced to the minimum size and still provides safe access and
provides mooring area for the two vessels the applicant currently owns. Also, the proposed
docking facility is consistent with the other docking facilities along this shoreline. The
proposed dock has been designed to eliminate excess decking and that the 4 foot finger
portion should allow adequate space for routine maintenance and safe loading/unloading
of the vessels.
S. Will granting the Variance confer on the applicant any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district?
The record evidence and testimony from the public hearing reflects that by definition, a
Variance bestows some dimensional relief from the zoning regulations specific to a site.
LDC Section 9.04.02 allows relief through the Variance process for any dimensional
development standard. However, other properties facing a similar situation are entitled to
make a similar request and would be conferred equal consideration on a case -by -case
basis. Additionally, there are similar existing conditions in the area that have not yet
needed variances as they are presently legal and non -conforming
6. Will granting the Variance be in harmony with the general intent and purpose of this Land
Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
The record evidence and testimony from the public hearing reflects that the variance is for
a docking facility and associated vessel to be stored at the subject property. This is a
waterfront boating community that offers access to the subject waterway through riparian
rights therefore the proposed dock will not affect the functionality of any surrounding lots
but allow this property to be consistent with the others along the same subject shoreline
with two boat slips. Additionally, the subject property owner has received setback waivers
from both adjacent property owners. The subject variance will be in harmony with the
general intent and purpose of the LDC and will not be injurious to the neighborhood or
detrimental to public welfare.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
The record evidence and testimony from the public hearing reflects that the subject
waterway is a natural bay made up of sovereign submerged lands (state lands).
Page 3 of 5
Additionally, the waterway is classified as an aquatic preserve which restricts dock designs
to reduce impacts to surrounding natural characteristics.
8. Will granting the Variance be consistent with the GMP?
The record evidence and testimony from the public hearing reflects that approval of this
Variance will not affect or change the requirements of the GMP with respect to density,
intensity, compatibility, access/connectivity, or any other applicable provisions.
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 9.04.03 of
the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20220004839, filed by Jeff
Rogers, Turrell Hall & Associates, Inc., representing Beau Middlebrook, with respect to the
property described as 406 Cristobal Street, on the south side of Cristobal Street, approximately
225-feet west of Capri Boulevard and is legally described as Isles of Capri Number 3, Lot 579, in
Section 32, Township 51 South, Range 26 East. Collier County, Florida, for the following:
• A variance to reduce the required side/riparian setback for dock facilities on lots with a
water frontage of 60 feet or greater from 15 feet to 5 feet on the west side for a lot with 85±
feet of water frontage, for the benefit of the subject property.
Said changes are fully described in the Proposed Dock Plans attached as Exhibit "A" and the
Boundary and Topographic Surveys attached as Exhibit `B" and are subject to the condition(s) set
forth below.
ATTACHMENTS.
Exhibit A — Proposed Dock Plans
Exhibit B — Boundary and Topographic Surveys
LEGAL DESCRIPTION.
406 Cristobal Street, on the south side of Cristobal Street, approximately 225-feet west of Capri
Boulevard and is legally described as Isles of Capri Number 3, Lot 579, in Section 32, Township
51 South, Range 26 East. Collier County, Florida
Page 4 of 5
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.
APPF.AI,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"
CITY
PA
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COLLIER COUNTY
SITE ADDRESS:
<> 406 CRISTOBAL ST <> LATITUDE: N 25.9865369
NAPLES, FL 34113 <> LONGITUDE: W-81.7274113
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
VICINITY MAP
COUNTY AERIAL.
Turrell, Hall & Associates, Inc.
MIDDLEBROOK 406 CRISTOBAL ST.
DESIGNED
JR
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Marine & Environmental Consulting
-
CREATED:
Mal-22
3
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_
3584 Exchange Ave. Naples, FL 34104-3732
LOCATION MAP
JOB NO.:
SHEET NO.:
2101,
01 OF of
1
11
_
Email: tuna@thana )Ies.com Phone: (239) 643-0166 Fax: (239) 643-6632
LCUUM XMIllim
SECTION- 32
TOWNSHIP- 51 S RANGE- 26 E
85' ----�
n
01
I
SITE ADDRESS:
406 CRISTOBAL ST
NAPLES, FL 34113
T PR I N
SUBJECT PROPERTY O
I� I
I I
85'
a
N
0
x -1.T7I x -1.27 -1.57
x -2.57 -27P
x a
3.77 M 2155'
'
37
APPROXIMATE -407 x x-4.
RIPARIAN LINE x-3.67
x 4.87 26' I �-4 27 34'
x 4.77 x 4.57
EXISTING
DOCK
APPROXIMATE
RIPARIAN LINE
N
A
S l
0 7 30 60
SC?[CE9N�E'E<�
— EXISTING
SEAWALL
x -1.47
x -2.37 x -217
EXISTING
12' X 12'
LIFT
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 'MARCO SURVEYING & MAPPING"
• SURVEY DATED: 03.2015
• APPLICANT OWNED SHORELINE (APPX LF). 8S
EXISTING OVERWATER STRUCTURE (APPX SF). 781
• WIDTH OF WATERWAY, MHW TO MHW (APPX): 358'
TIDAL DATUM'
•. MHW (NAw1- ♦OA2'
MLW NAw - -1.83'
Turrell, Hall & Associates, Inc.
M I D D L E B ROO K — 406 C R I STO BAL ST.
DESIGNED:
J�
1
_
Marine & Environmental Consulting
EATEo:
081�
_
3584 Exchange Ave. Naples, FL34104-3732
EXISTING CONDITIONS
JOB NO.;
21011
4.
SHEET NO.:
02OF04
5
Email: tuna@thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632
SECTION-32
TOWNSHIP- 51 S RANGE- 26 E
SUBJECT PROPERTY
36'
5' .
x-1.77
s.; PROPOSED
(2) FEND x-2.57
OFF PILES x -3.37 A
x -3.77 ` 17'
x -4.87
iPROPOSED
'12' X 12'
LIFT
1
RIPARIAN LINE
SITE ADDRESS:
406 CRISTOBAL ST
NAPLES, FL 34113
PROPOSED
RAIL
x -4.77
EXISTING
CANOPY
TO REMAIN
I
79NT=L
0 1020 40
SC?(CE
EXISTING
SEAWALL
7 �? x .27 -1.57
-1. '_-/ x -1.47
J -4.2�
PROPOSED
DOCK
x -4.57
EXISTING
DOCK TO BE
REMOVED
1x-3
.67
x -2.37 x -2.17
04
j EXISTING 12' X 12'
LIFT TO BE
RELOCATED
RIPARIAN LINE
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 'IAARCO SURVEYING 8. MAPPING"
SURVEY DATED: 03.2015
APPLICANT OWNED SHORELINE (APPX LF). 851
EXISTING OVERWATER STRUCTURE (APPX SF) 781
WIDTH OF WATERWAY, MHW TO MHW (APPX) 358'
TIDAL DATUM.
• MHW (NAVD)= +0.42'
iN • MLW AVD)- .1.63'
• PROPOSED OVERWATER STRUCTURE (APPX SF) 107
TOTAL OVERWATER STRUCTURE (APPX SF) 187
TOTAL PROTRUSION FROM PROPERTY LINE. 26'
Terrell, Hall &Associates, Inc.
M I D D L E B ROO K 406 C R I STO BAL ST.
JRW
2
DRAWN BV
Marine & Environmental Consulting
-
CREATED
0831.22
3.
_
G' v 3584 Exchange Ave. Naples,FL34104-3732
PROPOSED DOCK WITH SETBACKS
JOB NO
21011
14.
1_1
SHEETNO.
030F04
Is.
Email: tuna thanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632
SECTION- 32
TOWNSHIP- 51 S RANGE- 26 E
F k�
N
0 2 50 I00
i
D �-
0 �
0
C
I
PROPOSED
DOCK ST
OVERLAY
1«
Terrell, Hall &Associates, Inc. DRAWN BY JRMJ i
Marine&EnvironntentalConsultin MIDDLEBROOK - 406 CRISTOBAL ST. CREATED' BBJt-22 3
g JOB NO.: 21011
3584 Exchange Ave. Naples, FL 34104-3732 ST OVERLAY SHEETNO. 04OF04 15.
Email: tuna(dkhanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632 SECTION-32 TOWNSHIP- 51 S RANGE- 26E
EXHIBIT "B"
ALL ELEVATIONS ARE IN NAVD88 NOBS:
1. Lost day o/ field work is March JO, 2015 (date of survey)
GRAPHIC SCALE 2. Bearings shown hereon are based on the South Right -of -Way line of Cristobal
0 15 30 e0 LOT 58� Street Isles o/ Capri No. 3, according to the Plot thereof, as recorded in the
Public Records of Collier County, Florid. being N90'00'007E.
3. No easement search or abstracting was done by the surveyor and note should be
taken that this property is subject to any facts that may be revealed with a full
( IN rZICT I Q > and -.rate tine search.
L tool, 30 tL BENCH OISK STAMPED 3 4. No environmental study, audit, or determinations were made in this survey. Any
NAIenvironmental conditions that may be depicted on this survey are the result of
MSM BM W27 N90.00.00 E 355.00' (P) simple observation and not the result of a scientific anaWs.
BENCHMARK: EL.=3.68' 6 tJ
N9000'0°E J55.06' (M) 1�. 5. The intended use o/ this survey is to serve as on analysis tool for permitting
NAIL & DISK STAMPED (BASIS OF BEARING) 2 purposes.
MSM TRAV PT CRi TOBAL STREET _ _
FL--J. 70'�- 60' RIGHT-OF-WAY ' N90'00'OOE iB5.00' (P) X 6. Unless otherwise indicated all easements shown hereon ore based on plot.
N90'00'OO'V 85.00' (P) N90-00.00E 185.01' (C) FOUND NaL 7. Only above ground, visible and apparent improvements were located.
FOUND NAIL N90'00'OOIY 85.06' C W.4^... I clLLW .V^.. I.D.NO 8. Foundations and overhangs are rot token into account on this survey.
NO I.D. $ �p $ N90' 'OO�iP�85.00' (P) $ $ 0 9, Irrigation equipment was not taken into account on this survey.
$ - $ - S90N9e1% ,00' C 4•-A.(M. P) $ $ I $ a O pen may r* $ 'tT $ ^ 10. No other one w entities other than those listed as exdusive user m on
_ g ^ $ d!'58 59wE 84.99e M $ ^ g V' this survey.
11. All dimensions are in feet and decimals thereof, unless otherwise noted.
FOUND 5 LOT 577 12. Subject to easements, reservations and restrictions of record.
SET 5/8" REBAR /8" 13. Building ties reflect distances to the finish surface of the structure and may not
WITH CAP STAMPED w REBAR
LB 7705 of NO I.D. be ropresentotive o/ foundation: or primary rolls.
N 14. According to public record this property is zoned RSF-3.
12. rTAr�cet' ^^
a � Zoning and setback information is provided for informational purposes any and on
O.B 22.0' �'� subject to variances and other conditions not provided to the surveyor consuh
LOT 580 ( 1 Q ^ county codes before making any decisions regarding setbacks.
15. Property contains 0.23 acres (10.203 square feet) more or less.
^2:SL-
E 5.7'
2.7' 3?. J' Q
VY 1 STORY
STRUCTURE
N� 406 CRISTOBAL g g
iv STREET 23.e' 12.B' LOT 578 p
sa � jy � 1 " � 8 SYMBOL r•
WATER METER
N 0 SCREENED
O M) ENCtosURE .v ®
OI' 12.J' 29.0' 12.8'
N a 319' y BACKFLOW PREVENTER
CORNER FALLS 0.78' N. OF $ O CORNER FALLS 0.54' N. OF [M CABLE BOX
WATERW, FACE OF C.S.C. - WATERWARD FACE OF C.S.C. ® CRATE INLET
FOUND NAIL, NO I.D. 22 SET
NAIL & DISK STAMPED
0.02' S. OF CORNER "� n "+ LB 7705, ALSO FOUND 5/8" ® PILE For the Exclusive Use Of.•
(WITNESS)(HELD FOR LINE) REBAR WITH CAP STAMPED Beau Middlebmake
m MIL CORP L66646 Ql/$
C.S.C. nai� J.JI' W & 0.58' N. SURFACE LEGEND (M) MEASURED Digitally signed by
0. (P) PLAT David David Hyatt PSM
APPROXIMATE ASPHALT
het,_ 3_'s e e 0 (C) CALCULATED Date:2022.02.10
,M1 ,h' BOATFz
RIPARWN LINE D.E. = DRAINAGE EASEMENT Hatt PSMx ��.c��-,.CONCRETE U.E. r UTIUTY EASEMENTY13:44:29 -05'00'
APPROXIMATE xe ® C.S.C. r CONCRETE SEAWALL GIPRIPARAN LINE x O.R. - OFFICIAL RECORDS 800K d J. y, Florid.License No. 5834
O P.C. = PORJf OF CURVATURE
�EXISTING WOOD DOCK pg � PACE Not valid without the signatwe and
s� SEAWALL /�jj% x s, CONTOUR P.I.W PoIM OF INTERSECTION
M.N.W. original seal o/ the Florid. Licensed
- MEAN HIGH WATERLINE Professional Surveyor and Mapper
x N90'00'LV W 85.00' P LINE M.L.W. . MEAN LOW WATERLINE Certificate of Authorization 17705.
N90*00e00'W 85.08' f cj
x hJ�JEYING� BOUNDARY & TOPOGRAPHIC SURVEY
JOHNSON BAY Lot 579,
RE,ASEVIEVIcCapri No. 3,
amIsles of
1. REVISE CERTIFICATIONS, R.K. OS/06/20I5 W., H
2. ADD PLOT PLAN INFORMATION, UPDATE CLIENT NAME, R.Y., 0311612016, wD Q Collier County, Florida
116-160 I EM DESCRIPTION T�
J. REMOVE PLOT PLAN, ADD NEW DOCK PILES, TD., 0411912016, W01 /6-230 (Par O.R. 4770, Pg. 7520): mrn, u.n.
4. ADD DIMENSIONS. T.D. 05/03/2016, W01 16-230 MARCO SIA�tItNC & MAPPIrnC wEtvr: Beau Middlebrook
5. ADD TOPOGRAPHIC INFORMATION, R.K. WO 122-034, 21812022. Lot 579, Isles of Capri No. 3, according to the JM BECK B011LEYARD HORIZONTAL SCALE- 1 ) = JO IPRO!£LT NUMBLR:I N 1A
Plot thereof. recorded in Plat Book J. Page 66. N4PLE9. fLOR/04 34114 CFOEf.• BOOK/PAGE DRAFTED BY, WO KWBER OPAWMC MT.
of the Pudic Records of Collier County, Florida _ (239)_389-0026___