Resolution 2023-162 RESOLUTION NO. 2023- 162
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
SITTING AS THE BOARD OF ZONING APPEALS,APPROVING THE
SETTLEMENT OF THE APPEAL OF HEX DECISION 2023-08,
RESULTING IN THE APPROVAL OF A BOAT DOCK EXTENSION
OF 35 FEET OVER THE MAXIMUM PROTRUSION OF 20 FEET
ALLOWED BY THE LAND DEVELOPMENT CODE FOR A TOTAL
PROTRUSION OF 55 FEET INTO A 338± FOOT WIDE WATERWAY
FOR PROPERTY LOCATED AT 167 SUNSET CAY NAPLES,FL 34114
IN THE PORT OF THE ISLANDS. [PL20230006867]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, and procedures for the granting of boat dock extensions; and
WHEREAS, Jeff Rogers of Turrell, Hall and Associates on behalf of Robert and Judith
Hutchins filed Petition Number PL20220002146 requesting a boat dock extension of 35 feet over
the maximum protrusion of 20 feet allowed by the LDC Section 5.03.06 for a total protrusion of
55 feet into a 338± foot wide waterway for property located at 167 Sunset Cay Naples, FL 34114
in the Port of the Islands;
WHEREAS, on March 10, 2023, the Collier County Hearing Examiner issued HEX
Decision 2023-08 attached as Exhibit A which denied Petition Number PL20220002146;
WHEREAS, on April 7, 2023, the petitioner filed an appeal of HEX Decision 2023-08;
and
WHEREAS,petitioner offered a settlement of the appeal by submitting revised Boat Dock
plans attached as Exhibit B to move the boat dock facility five feet to the west to address the
Hearing Examiner's findings on primary criterion no. 5: "It would be more favorable for
alternative designs and even the applicant's preferred design if situated further west along the
subject shoreline"; and
WHEREAS, County staff has reviewed the revised Boat Dock plans and agrees that it
meets 5 of the 5 primary criteria and five of the six secondary criteria in LDC Section 5.03.06 for
boat dock extensions.
WHEREAS, the Collier County Board of Zoning Appeals (BZA) has considered the
proposed settlement and the advisability of a boat dock extension for property in the RSF-4 zoning
district, and has found as a matter of fact that satisfactory provision and arrangement have been
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made concerning all applicable matters required by said regulations of the Land Development
Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled, and the Board having considered all matters presented.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
1. The settlement of the appeal is approved, and the decision of the Collier County Hearing
Examiner is modified by this appeal, as provided in this Resolution; and
2. The property subject to this appeal and the Boat Dock Extension is described as:
Lot 84, Port of the Islands (the Cays) Phase II, according to the plat thereof as
recorded in Plat Book 21, Pages 1 through 4, of the Public Records of Collier
County, Florida
3. Petition PL20220002146 as modified by the appeal, is hereby approved for a 35-foot dock
extension over the maximum 20-foot limit to allow construction of a boat docking facility
protruding a total of 55 feet into a waterway that is 338± feet wide, in accordance with the
revised Boat Dock plans attached as Exhibit B and incorporated herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this I 0C. day of
C p -Cyri L,tr' , 2023.
ATTEST: ' BOARD OF ZONING APPEALS
CRYSTAL K. KIN, L, CLERK COLLIER COUNTY, FLORIDA
B !NA cl By:
test as t0 Chak uty Clerk Rick LoCastro, Chairman
si nat �(!
ya
Appr ved as to form and legality:
Jy 'n`'
eidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Hex Final Decision 2023-08
Attachment: Exhibit B—Revised Dock Plan
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