HEX Final Decision 2023-07HEX NO. 2023-07
HEARING EXAMINER DECISION
DATE OF HEARING.
February 9, 2023
PETITION.
PETITION NO. BDE-PL20210002320 - 415 Seabee Ave - Request for a 12-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 32 feet into a waterway that is 213f feet
wide. The subject property is located at 415 Seabee Avenue and is further described as Lot
19, Block Q, Conner's Vanderbilt Beach Estates Unit No. 2, in Section 29, Township 48
South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The Petitioner requests a 12-foot boat dock extension from the maximum permitted protrusion of
20 feet for waterways greater than 100 feet in width, to allow a boat docking facility protruding a
total of 32 feet into a waterway that is 213± feet wide. The proposed dock facility consists of an
L-shaped floating dock that will be shore parallel with two boatlifts, one on the inside to moor a
31-foot vessel and a larger lift on the outside of the dock for a 36-foot 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.
Page 1 of 6
5. The County Staff presented the Petition followed by the Petitioner's expert and Petitioner's
attorney, public comment and then rebuttal by the Petitioner's expert and attorney. The
following people appeared at the public hearing and voiced their opposition to the Petition,
Patrick White, Esq. representing the abutting neighbors to both the east and west of the subject
property, Linda DeSoto who directly abuts the Petitioner's property on the west side, Ken Frey
at 404 Conners Avenue, Greg Dunn, 427 Seabee Avenue, Michael Kravitz at 395 Seabee
Avenue, Tim Cranch at 383 Seabee Avenue, and Bill Gonnering.
6. The County's Land Code 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-3 Zoning District that will
support a single-family dwelling, Building Permit No. PRBD20201250795, for which the
LDC allows two boat slips. The proposed boat docking facility consists of a single dock
with two boat lifts.
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. In comparing the previously existing docking facility and the proposed
docking facility, water depths at this location are adequate for the proposed vessels. This
criterion is therefore not met.
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 Hearing Examiner's findings are italicized.
Page 2 of 6
The record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. There is no navigable channel at or adjacent to the proposed project
location. Therefore, no marked or navigable channels will be affected by the proposed
project and this criterion is met.
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 record evidence and testimony from the public hearing reflects that the criterion HAS
BEEN MET. The approximate waterway width is 213 feet wide, MHWL to MHWL. The
proposed dock will protrude 32 feet from the MHWL which is 15.02 percent of the
waterway; there will be 163 feet between dock facilities which means 76.53 percent of the
waterway will remain free 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 docking facility is located entirely within the applicant's
riparian area and will meet the required riparian setbacks of 15 feet on both sides. With
the exception of the single boat and lift which is triggering the need for this BDE petition,
the entire dock facility will also be located within the allowed 20' protrusion limit. That is
to say, without the exterior lift, a BDE petition would not be necessary, and the property
owner could simply apply for a building permit and construct the floating dock as shown
in the exhibits. Navigation to, from, and around a U-shaped, shore parallel oriented dock
vis the 30' space provided by combined side setbacks is required in almost every dock
within Vanderbilt lagoon. In this case, since the proposed boatlift poses no additional
obstacle to navigation beyond that of the dock by itself, there is no reason to believe that
navigation to the neighboring properties will be affected adversely by the project proposed
under this BDE petition.
In terms of specifics, the docking facility to the east is oriented so that ingress/egress occurs
from the east (away from the subject property). This property should therefore not be
affected by the project at all. The property to the west also has a dock facility which, as is
typical for the area, utilizes essentially the entirety of its riparian area that falls within the
side setbacks and 20' protrusion limit. This facility will moor a maximum -sized boat of 33 '
in length that will ingress/egress from the east (towards the facility proposed under this
BDE petition). The floating dock being proposed at the subject property, which is entirely
within the 20 foot protrusion limit, would require the neighbor's boat to angle somewhat
in and out of the lift for proper navigation. As discussed above, this sort of angled entry
and exit path is common within the general area. The lift being proposed on the outside of
the floating dock would not alter this angle of ingress/egress. Therefore, no neighboring
dock facilities nor public navigation will be affected by the proposed structures, and this
Page 3 of 6
criterion is therefore met. Because of its narrow lots, it is also not uncommon throughout
Vanderbilt lagoon for boats to be docked within a slip where the backing distance is
significantly less than the moored vessel's total length. While ingressing and egressing
from a slip in this type of situation is constricted, such is also the nature of the shore
parallel dock configuration throughout Vanderbilt Lagoon, because of its narrower lot
widths.
Secondary Criteria:
1. 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. Petitioner's lot is typical in width for Vanderbilt Lagoon waterway,
offering an 80 foot shoreline/seawall. There are no unique or special conditions.
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
BEENMET. The proposed facility will utilize approximately 505 square feet of `decking',
which is located entirely within the normal protrusion limit of 20' from the mean -high
water line. The access walkway of the proposed dock is 6' wide and is typical for floating
docks and for other dock structures in the area as well, although a reduction would
logically reduce the overall protrusion into the waterway.
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 BEEN MET. The combined length of the proposed vessels, 67 feet, will exceed 50
percent of the property's 80 foot shoreline.
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
NOT BEENMET. Criterion #4 is aimed at whether or not the facility will have a" major
impact" on the waterfront views of the neighbors, not the neighbor's waterfront view
within their own riparian area. There would be no need for this criterion if it was meant
Page 4 of 6
only to protect each neighbor's own riparian view. Because lot widths (and shorelines) in
the neighborhood are relatively narrow, a neighbor's waterfront view can be easily
obstructed. Some obstruction is different than a "major" obstruction. In this case, a
floating dock has a relatively low profile, so any visual obstacle would be caused by the
Petitioner's vessels, particularly when they are fully on their lifts. And logically, the larger
the vessel, the greater likelihood of a visual obstacle to a neighboring property owner. In
this case, Petitioner's two vessels are 31 feet and 36 feet, the longer one to be moored in
the area triggering this BDE petition. With both vessels on their lifts, it is likely to cause
a major impact to the waterfront view of a neighboring property owner at this location.
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 proposed project is for a single-family residential boat dock
facility. Section 5.03.06.E.11, Manatee Protection Plan, is not applicable for this boat dock
proposal.
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 not enough competent, substantial evidence as applied to the criteria set forth in Section
5.03.06.H of the Land Development Code to approve the Petition. The Petition meets 4 out of 5
of the primary criteria and 2 out of 6 secondary criteria, with the sixth criterion being not
applicable.
DECISION.
The Hearing Examiner hereby DENIES Petition Number BDE-PL20210002320, filed by Nick
Pearson representing Massimo and Phyllis LaGrasta Maffei, with respect to the property described
as 415 Seabee Avenue, further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates
Unit No. 2, in Section 29, Township 48 South, Range 25 East. Collier County, Florida, for the
following:
Page 5 of 6
• A 12-foot boat dock extension from the maximum permitted protrusion of 20 feet for
waterways greater than 100 feet in width, to allow a boat docking facility protruding a total
of 32 feet into a waterway that is 213f feet wide.
Said changes are fully described in the Site and Dock Plans attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Site and Dock Plans
LEGAL DESCRIPTION.
415 Seabee Avenue, further described as Lot 19, Block Q, Conner's Vanderbilt Beach Estates Unit
No. 2, in Section 29, 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 6 of 6
EXHIBIT "A"
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SITE ADDRESS:
<> 415 SEABEE AVE <> LATITUDE: N 26.266570
NAPLES, FL 34108 <> LONGITUDE: W-81.818745
NOTES:
<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY
AND ARE NOT INTENDED FOR CONSTRUCTION USE.
VICINITY MAP
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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: "JH McCARRIER LAND SURVEYING, INC.'
•• SURVEY DATED: 05-14-19
APPLICANT OWNED SHORELINE (APPX LF): 80,
EXISTING OVERWATER STRUCTURE (APPX SF): 0
WIDTH OF WATERWAY, MHW TO MHW (APPX): 213'
TIDAL DATUM:
•• MHW (NAVD)= +0.30'
MLW NAVD = _ -1.3V
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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: "JH MLCARRIER LAND SURVEYING, INC."
•• SURVEY DATED: 05-14-19
APPLICANT OWNED SHORELINE (APPX LF): 80'
EXISTING OVERWATER STRUCTURE (APPX SF): 0
WIDTH OF WATERWAY, MHW TO MHW (APPX): 213'
TIDAL DATUM:
•• MHW (NAVD)= +0.30'
•• MLW (NAVD)= -1.31'
PROPOSED OVERWATER STRUCTURE (APPX SF): 505
TOTAL OVERWATER STRUCTURE (APPX SF): 505
TOTAL PROTRUSION FROM MHWL: 32'
DESIGNED: INP (��
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DREATED: 10.18-21 3.
Marine &Environmental Consulting - -
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