HEX Final Decision 2023-24HEX NO. 2023-24
HEARING EXAMINER DECISION
DATE OF HEARING.
July 27, 2023
PVTITI"N
Petition No. BLC-PL20230003026 - Conner's Vanderbilt Estates - Request for a Boat Lift
Canopy Deviation to increase the allowable length from 35 feet to 45 feet, to allow a boatlift
canopy measuring 45 feet long by 15.2 feet wide, pursuant to section 5.03.06.G.3 of the Land
Development Code (LDC). The subject property is located adjacent to 10091 Gulf Shore
Drive, further described as the North 50 feet of Lot 14, Block C, Re -Subdivision of Part of
Unit No. 1, Conner's Vanderbilt Estates, in Section 29, Township 48 South, Range 25 East,
Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner now desires to add a boat lift canopy that exceeds the 35-foot length allowed for
administrative approval by 10 feet.
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 made at the public hearing.
Page 1 of 4
6. The County's Land Development Section 5.03.06.G. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a deviation
from the listed boat lift canopy standards in Section 5.03.06.G.1
Standards for boat lift canopies:
1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally
permitted, by the requisite local, state, and federal agencies if the following criteria are
met.
a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift
on each side.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEENMET. The proposed boat lift canopy does not extend more than 27 inches
beyond the width of the boat lift on each side. The applicant has demonstrated that the
proposed boat lift cover has been designed so that it will not extend beyond any
riparian lines and will therefore be within the limits afforded by the previously
approved variance.
b. The length of the boat lift canopy shall not exceed 35 feet.
The record evidence and testimony from the public hearing reflects that this criterion
HAS NOT BEENMET. The Petitioner is requesting approval of a deviation from this
criterion allowing for a 10 foot extension.
c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest
point of the canopy to the height of the dock walkway.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEENMET. The height of the proposed boat lift canopy does not exceed 12 feet
from the highest point of the canopy to the height of the dock walkway.
d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain,
not to exceed 18 inches shall be permitted on the sides.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET. The cover for the proposed boat lift canopy will remain open on
all sides and there will be no curtains.
e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida
Building Code.
'The Hearing Examiner's findings are italicized.
Page 2 of 4
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET. The proposed boat lift canopy meets all the requirements of
Awnings and Canopies in the Florida Building Code.
f. Canopy cover material shall be limited to beige or mid -range shades of blue or green.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEENMET. The cover material for the proposed boat lift canopy will be beige.
g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEENMET. This proposed boat lift canopy will be constructed over a lawfully
permitted dock, Building Permit No. PRMAR20220207585.
2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site.
The record evidence and testimony from the public hearing reflects that this criterion HAS
BEEN MET. There are no other boathouses or covered structures related to the boat
docking facility. Additionally, the subject property is at the terminal end of a canal which
should ameliorate any concerns about the view to the west.
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 standards set forth in Section 5.03.06.G
of the Land Development Code to approve the Petition. The Petition meets all criteria as set forth
in Section 5.03.06.G.
"F.r TCTnN
The Hearing Examiner hereby APPROVES Petition Number BLC-PL20230003026, filed by
Francine Holt of Waterway Boat Lift Covers representing Andrew T. and Fern B. Jaffe, with
respect to the property described as 10090 Gulf Shore Drive and is further described as the North
50 feet of Lot 14, Block C, Re -subdivision of part of Unit No. 1, Conner's Vanderbilt Beach
Estates, in Section 29, Township 48 South, Range 25 East. Collier County, Florida, for the
following:
• The petitioner requests a Boat Lift Canopy Deviation to increase the allowable length from
35 feet to 45 feet, to allow a boatlift canopy measuring 45 feet long by 15.2 feet wide, for
the benefit of the subject property.
Page 3 of 4
Said changes are fully described in the Canopy Specs and Proposed Site Plan attached as Exhibit
"A" and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A — Canopy Specs and Proposed Site Plan
LEGAL DESCRIPTION.
10090 Gulf Shore Drive and is further described as the North 50 feet of Lot 14, Block C, Re -
subdivision of part of Unit No. 1, Conner's Vanderbilt Beach Estates, 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 boat lift canopy is to be removed upon issuance of a hurricane warning affecting the
general vicinity of the referenced location.
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 4 of 4
EXHIBIT "A"
Address: 10091 Gulf Shore Dr
Total Length: 45'
(Maximum 35')
Total Heig
(Max
CANOPY DETAIL
This drawing must be completed and submitted as an
attachment to the Administrative Boat Lift Canopy Application
s/2022
Canopy extends
beyond boat lift
0°
(Maximum 27")
Top view
Length of
drop curtain:
i m 18')
anopy
5.2'
Proposed 45' x 15.2' Canopy Max Height 12'
a
a
EXISTING
SEAWALL
PROPERTY
BOUNDARY
Existing DOCK � ,I
Permit# PRMAR20220207585
� 1 v,
0 11'
Terrell, Hall &Associates, Inc.
�` Marine &Environmental Consulting
3584 Exchange Ave. Naples, FL 34104-3732
Email: tunaCthanaples.com Phone: (239) 643-0166 Fax: (239) 643-6632
DECKED
OVER ELEVATOR UFT
NOTES:
THESE DRAWINGS ARE FOR PERMITTING PURPOSES
INTENDED FOR CONSTRUCTION USE,
ONLY AND ARE NOT
ALL WATER DEPTHS AND DREDGE ELEVATIONS ARE
SURVEY COURTESY OF: 'DAGOSTINO d WOOD,
REFERENCED TO MLW
INC."
• SURVEY DATED: 0444.14
• APPLICANT OWNED SHORELINE (APPX LF):
IXISTING OVERWATER STRUCTURE (APPX SF):
Soo
151
WIDTH OF WATERWAY, MHW TO MHW (APPX):
18445
TIDAL DATUM:
•• MHW (NAVD)m +"0'
•
• MLW (NAVD)= 4,3V
PROPOSED OVERWATER STRUCTURE (APPX SF):
258
TO7AL OVERWATER STRUCTURE (APPX SF):
288
TOTAL PROTRUSION FROM %IHWL:
45
DESIGNED: NC ,
JOB NO.: 120132.00 4. _
PROPOSED DOCK I SHEET NO.: 103 OF 07 5.
SECTION-29 TOWNSHIP-48S
RANGE-25E