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HEX Agenda 10/12/2023COLLIER COUNTY Collier County Hearing Examiner AGENDA Growth Management Department Conference Rooms 609/610 2800 Horseshoe Drive North Naples, FL 34104 October 12, 2023 9: 00 AM Andrew W. J. Dickman, Esq., AICP Hearing Examiner Note: Individual speakers will be limited to 5 minutes unless otherwise waived by the Hearing Examiner. Persons Wishing to have written or graphic materials included in the hearing report packets must have that material submitted to County staff at Ailyn.PadronkCollierCount og_v 10 days prior to the Hearing. All materials used during presentation at the hearing will become a permanent part of the record. Any person who decides to appeal a decision of the Hearing Examiner will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Decisions of the Hearing Examiner are final unless appealed to the Board of County Commissioners. Hearing Procedures will provide for presentation by the Applicant, presentation by staff, public comment and applicant rebuttal. The Hearing Examiner will render a decision within 30 days. Persons wishing to receive a copy of the decision by mail may supply County staff with their name, address, and a stamped, self-addressed envelope for that purpose. Persons wishing to receive an electronic copy of the decision may supply their email address. Collier County Hearing Examiner Page I Printed 101512023 October 2023 Pledge of Allegiance Review of Agenda 3. Advertised Public Hearing A. Petition No. VA-PL20230007656 — 33 Pelican Street West - Request for a variance from Land Development Code (LDC) Section 5.03.06.E.6 to reduce the required side yard riparian setback from 15 feet to 4 feet on the east side and to 11 feet on the west side for a boat dock facility on a lot with 77f feet of water frontage. The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 B. Petition No. BDE-PL20220004574 — 33 Pelican Street West - Request for a 19-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 39 feet into a waterway that is 682f feet wide. The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner III] Commission District 1 4. Other Business 5. Public Comments 6. Adjourn Collier County Hearing Examiner Page 2 Printed 101512023 3.A 10/12/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.A Doc ID: 26710 Item Summary: Petition No. VA-PL20230007656 — 33 Pelican Street West - Request for a variance from Land Development Code (LDC) Section 5.03.06.E.6 to reduce the required side yard riparian setback from 15 feet to 4 feet on the east side and to 11 feet on the west side for a boat dock facility on a lot with 77f feet of water frontage. The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner 111] Commission District 1 Meeting Date: 10/12/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 09/19/2023 11:07 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 09/19/2023 11:07 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Operations & Regulatory Management Michael Stark Zoning Zoning Zoning Hearing Examiner James Sabo Ray Bellows Mike Bosi Review Item Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Completed 09/25/2023 5:51 PM Completed 09/26/2023 8:12 AM Skipped 09/26/2023 8:57 AM Completed 09/26/2023 9:16 AM Completed 09/29/2023 11:37 AM 10/12/2023 9:00 AM Packet Pg. 3 3.A.a Co �rer County STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2023 SUBJECT: VA-PL20230007656; 33 PELICAN STREET WEST — RUSSO VARIANCE PROPERTY OWNER/APPLICANT: AGENT: Joseph Russo 33 Pelican St. W Naples, FL 34113 REQUESTED ACTION: Nick Pearson Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 To have the Collier County Hearing Examiner (HEX) consider a variance from Section 5.03.06.E.6 of the Collier County Land Development Code (LDC) to reduce the required side/riparian setback for dock facilities on lots with water frontage of 60 feet or greater from 15 feet to 4 feet on the east side and to 11 feet on the west side for a lot with 77± feet of water frontage for the benefit of the subject location. GEOGRAPHIC LOCATION: The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida; together with that land lying North of said Lot 78, to the mean high tide line (150' MSL) in Government Lot 9 in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The current owner purchased this property in May 2021, and has been homesteaded. Said property U was originally platted as a standard rectangular lot measuring 80 feet by 115 feet; however, it has .2 since been modified to include an unplatted triangular portion of land to its north that lies between the platted boundary and the Mean High -Water Line (MHWL). Therefore, the true depth of the lot is 115 feet on the east side and 161 feet on the west. The shoreline of this (continued on page 4) VA-PL20230007656; 33 Pelican St W Page 1 of 8 09/18/2023 Packet Pg. 4 ISOM;aaa;S ueollad ££ bin 999L000£ZOZId : ULU) £ZOZ8L60 podeN jje;S 999L000£Z0ZId-dn :jUGWLjoe;;d ca LO Q � c�i a m U O m o �o va o o� o 'n z F F N O J ^ Q � 4 hog W5m U-: r� Sald_Eagle 4R m - \ a z uo W H OC a ca N CL CCC C Q CC 0 J (0 L0 (fl rl- O C) N C) N J n L E n N IL m a VA-PL20230007656; 33 Pelican St W Page 2 of 8 09/18/2023 3.A.a SURROUNDING LAND USE AND ZONING: North: Pompano Bay; within a Rural Agricultural (A) Zoning District with a Special Treatment (ST) Overlay South: Pelican Street West (Right -of -Way) then Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district East: Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district West: Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district Collier County GIS VA-PL20230007656; 33 Pelican St W Page 3 of 8 09/18/2023 Packet Pg. 6 3.A.a Google Earth Aerial — facing south PURPOSE/DESCRIPTION OF PROJECT (continued from page 1) property is comprised of a vertical seawall that runs at an angle along the north side of said property; the total length of the seawall/shoreline is 77 linear feet. The existing L-shaped dock facility was constructed using Building Permit No. 930006673; however, the County is uncertain if a Certificate of Completion was ever issued. A survey that was obtained for this project reveals the northwest corner of the existing dock facility encroaches 1.8 feet into the western side/riparian area. The petitioner desires to modify the existing dock facility by adding a triangular flair to the northeast portion of the L-shaped dock that would allow for the placement of a second boatlift to accommodate a new 34-foot vessel; the existing boatlift is to be occupied by a 12-foot vessel. The fixed location of the proposed boat dock structure will measure 13 feet from the western riparian line and 10 feet from the eastern riparian line; however, the proposed 34-foot vessel will encroach further into said side/riparian setbacks and therefore requires a further reduction from 13 feet to 11 feet on the west and from 10 feet to 4 feet on the east. If approved, the subject Variance will quash the existing 1.8-foot encroachment issue on the west side. VA-PL20230007656; 33 Pelican St W Page 4 of 8 09/18/2023 Packet Pg. 7 3.A.a GRO H MANAGEMENT PLAN (GMP) CONSISTENCY: This property is located within the Urban Coastal Fringe Subdistrict of the Urban Mixed -Use District of the County's Future Land Use Map (FLUM) of the GMP's Future Land Use Element (FLUE). The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The existing single-family use is consistent with the FLUM of the GMP. The requested variance does not have any impact on this property's consistency with the County's GMP. ZONING ANALYSIS: The subject property comprises 0.21 acres in a Residential Single-Family-4 Zoning District that the current owner has homesteaded. While processing this variance request, the provided survey revealed that the existing L-shaped dock facility encroaches 1.8 feet into the western side/riparian area at the northwestern end. This existing encroachment will be quashed should the Hearing Examiner approve the subject variance request, which is to reduce the western side/riparian setback from 15 feet to 11 feet and to reduce the eastern side/riparian setback from15 feet to 4 feet for the boat dock facility and vessel combination. The companion Boat Dock Extension will address protrusion. The decision to grant a variance is based on the criteria in LDC Section 9.04.03.A—H (in bold font below). Staff has analyzed this petition relative to these provisions and offers the following responses: a. Are there special conditions and circumstances existing that are peculiar to the location, size, and characteristics of the land, structure, or building involved? Yes. The applicant's agent states: "The parcel on which the proposed project is to be built is an irregularly shaped plot of land where although the shoreline is 77' in length, the riparian area is effectively restricted by converging riparian lines and by extension the required side setbacks to an even greater extent. The buildable and navigable space is further restricted by a sand bar colonized by seagrasses to the north, requiring neighboring residences to construct docks that bridge the shallow water. Because of the pie -shaped riparian area, a bridge is impossible at this location. The Rookery Bay aquatic preserve (along with seagrass presence) essentially prevents dredging from occurring to attain proper depths through artificial means. The east neighbor also has a legally non -conforming (grandfathered) dock with respect to the western side setback, total protrusion, and overall decking square footage, making a possible ingress and egress path only possible from a near due -east angle. This angle is only attainable with a slip orientation such as proposed. This variance would allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water -based recreational activities while also maintaining the ability to safely ingress and egress by any of the applicant's vessels." Staff concurs. b. Are there special conditions and circumstances that do not result from the applicant's action, such as pre-existing conditions relative to the property, which are the subject of VA-PL20230007656; 33 Pelican St W Page 5 of 8 09/18/2023 Packet Pg. 8 3.A.a the Variance request? Yes, The applicant refers to their response to criterion a and states that said conditions are not the result of any action(s) taken by the current property owner. Staff again concurs. C. 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 applicant's agent states: "Yes, denial of a side setback variance for this property would severely limit the usable riparian space associated with the site. Further, even if no side setback variance were granted, the existing structure, which has been in place for 30 years, would still conflict with the west riparian setback." Staff agrees that denying this petition would create practical difficulties for the applicant. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building, or structure and promote health, safety, and welfare standards? Yes, the applicant's agent states: "The applicant is proposing only to utilize the space within his riparian area. The amount of decking proposed is substantially less than many of the surrounding non -conforming docks. And the added protrusion will not affect the navigability of any of the neighbors. Therefore, it is our opinion that a side setback variance of 4' and 11' is reasonable for the circumstances." Staff concurs. e. 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? 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. As such, other properties facing a similar hardship would be entitled to make a similar request and would be conferred equal consideration on a case - by -case basis. f. Will granting the Variance be in harmony with this Land Development Code's general intent and purpose and not be injurious to the neighborhood or otherwise detrimental to the public welfare? Yes, the applicant's agent states: "The dock facility code as outlined in Chapter 5.03.06A. states that: "Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners." VA-PL20230007656; 33 Pelican St W Page 6 of 8 09/18/2023 Packet Pg. 9 3.A.a The dock design proposed under this variance petition has been specifically configured in such a way so as to adequately provide safe access to the applicant's vessels. The proposed design will not affect public navigation, the overall use of the waterway, or the use of neighboring docks. It will not impact native marine habitats or manatees. The proposed dock will not change or create any impacts to views of neighbors. Therefore, our opinion is that the proposed dock is in harmony with the intent and purpose of the zoning code." Staff concurs. g. 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.? No; however, the applicant's agent provides the following: "The area which the proposed structures would cover per this variance petition consists of the surface waters of a tidally - connected waterway that is part of the Rookery Bay Aquatic Preserve. Construction within the side setbacks, as proposed, will have no effect on the water and has been designed to be compliant with the applicable aquatic preserve restrictions. The proposed project has already received state and federal approval from the Florida Department of Environmental Protection and U.S. Army Corps of Engineers." Staff concurs. h. Will granting the Variance be consistent with the Growth Management Plan? Yes, 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. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC does not normally hear variance petitions. The EAC did not hear this petition since the subject variance doesn't impact any preserve area. CONCURRENT LAND USE APPLICATIONS: Companion Petition No. BD-PL20220004574, to allow the proposed boat dock facility to protrude a total of 39 feet into a waterway that is 682� feet wide. RECOMMENDATION: Staff recommends that the Collier County Hearing Examiner APPROVE Petition VA- PL20230007656 to reduce the minimum side/riparian setback from 15 feet to 4 feet on the east side and 11 feet on the west side for the boat dock facility and vessel combination depicted on the "Proposed Site" plan contained within Attachment A. Attachments: A. Dock Facility Plans B. Map of Boundary Survey VA-PL20230007656; 33 Pelican St W Page 7 of 8 09/18/2023 Packet Pg. 10 3.A.a C. Quit Claim Deed D. Zoning Maps E. Building Permit No. 930006673 F. Applicant's Backup: Application, Narrative, Authorizations, etc. G. 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BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 INDx $1.00 3.A.d x QUIT -CLAIM DEED Made this , daiy of May, 2015 From Alice `'O''Briend.and Wayne Hufnagel, Co -Successor Trustees of the Paul a. Hufnagel Revocable Living Trustdated`May 30, 2012 made by Paul A. Hufnagel (deceased) whose post office address is 26 Point Lane, Arcadia, IN 46030, GRANTOR, to Aurora Hufnagel, un-remarried widow whose post office address, is 2,5 Point Lane, Arcadia, IN 46030. WITNESSETH: That thesaid party of the first part for and in consideration of the sum of TEN DOLLARS AND NO/100, lytu� "otter good and valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said gecond .party forever, all the right, title interest, claim and demand which the said first party has (i� andjo j e following described lot, piece or parcel of land, situate, lying and being in the County ofoltier .State of Florida, to wit: All that land lying North of Lot No, Book 3, at Page 41, of the Official R (150' MSL) in Government Lot 9, County, Florida. Property Appraisers Parcel Id of Capri Island One, as recorded in Plat Collier County, to the mean high tide line 32, Township 51 S, Range 26E, Collier 523429200003. TO HAVE AND TO HOLD the same together withal and singular the appurtenances there unto belonging or in anywise appertaining, and all the estate, right, tierest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use ;bdhefit of said second party forever. IN WITNESS WHEREOF, the said party of the first parth;K-licteunto set its hand and seal the day and year above written Sieved. Sealed and Delivered in the Presence of /I n r� /l 41e_ -:>-� "per */ Witness #1 Printed Name Witness #2 Printed Name STATE 4 �✓� COUNTY OF f /f70J I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Alice O'Brien as Co -Trustee of the Paul A. Hufnagel Revocable Living Trust dated May 30, 2012 to me known to be the person or persons described in and who executed the foregoing instrument or who has produced El Packet Pg. 22 *** OR 5157 PG 612 *** 3.A.d 1;�? % County and I t 4""*�IAO--as identification and who did not take an oath and me that they executed the same. WITNES hand and official seal in the aforesaid this '� day of May , TEREZIA A. HOGAN Nary Public Seate of Indiana I%iy Comm' lo6EExpires f -cemb'eH 12020 STATEOF •�'l'"'US�/�'"��''° COUNTY OF ,NOT- RY SIGNATURE Printed Name My Commission Expires: / Z , 2 - 20 Wayne Rufnagel, C rustee e,,fRoL f1f�--J=�7-( Witness #1 Printed Name I HEREBY CERTIFY that on this day before me, an"o acknowledgments, personally appeared Wayne Hufnagel as Co-Tn Revocable Living Trust dated May 30, 2012 to me known to be the I and who exeFuted the foregoing instrument o as identification and v acknowledged before me that they executed the same. WITNESS County and State last aforesaid this / z day of May, 20157 @ilA A0WWf-AL;FH OF PENNSYLVANIJ NOTARIAL SEAL Anthony P. hlosesso, Notary PuMe Kennedy Twp., AI!egheny County My Commission Expires Feb. 18,1D18 lbftkLPNNSYLVANIA ASSOCIATION OF NO A IE This instrument prepared without opinion by: William G. Morris, P.A. Post Office Box 2056 Marco Island, FL 34146 (239) 642-6020; fax (239) 642-0722 duly qualified to take f the Paul A. Hufnagel r persons described in yb- has produced i Mot take an oath and I and' - icial seal in the Printed Name My Commission Expires ""�, ,,� /,r Z /� Packet Pg. 23 k (ossnN IsaMlaoilSueO ;m « » 999 _o o d a�LW ) gays # selIV mug-o _uLl3e m a_Lj3e m «a Se. § .nos e &+eeq m = buileubisepeoinos &no, Amm_sdew#A7am60109ea _¥Gqi mao Z o&IVZ$� ONINOZ :NOISIA3cl ae m Q M (ossna lsaM laailS ueo!Iad ££ VA 999L000£ZOZId : 06LW) S6M sZ£9l selly 6uluoZ- 0 Juawyoellt/ :luawyoellV SZE9L f AVS ONVdWOd m- $ mm �- '"� x m m m m' LL ONIHdlOO x a yU,y R W o n $ 5 mo _m w0 50 0 m Q a W 6 U .0 a o m L w 0 5 - N rc > N IA z a O N v D Y � U A 1 p N wM d z M m (p I Z I W d/ � g U z a- W Q U N g J W W Q I> N U W J `p z r q:q 2 N x U F fH~ O z a N N w 000N— J U F ¢ wm Q 5 Z a¢'o 'p0 U o O R �c a�o�¢ 2 V M N p Z � W u h WWm~ =KZ¢Z f LL QO wo H OmU¢_ n L �m Z - X W I � I � I ZO I N I � I � m I _ I y I I I •saanosai olboloeepie jo opopq bulleu6lsep aanos Ajunoo le!o!jjo a43 aie sdeW All!gegad leolb0l09eyoayl31J0ls!H 841 H3HiO ZZOZ/CZ/9 ONINOZ :NOISIA318 1SHl APPLICATION DATE 5; 25/93 bWNER- HUFFNAGEL PAUL 2620 WESTLANE RD, INDIANAPOLIS XV-R Cps � rA rh AND IN 462680000 PROJECT NAME -DOCK JOB ADDRESS- 33 WEST PELICAN ST. GEN LOCATION-MARCO SUBDIVISION -ISLE OF CAPRI SECTION- 5 TWP-52 RANGE-26 MAP/AREA- LEGAL PERMIT TYPE- DOCK & DAVITS COST OF CONSTRUCTION- $3,300 PERMIT NUMBER 930006673 0 to fA 3 0! to CONTRACTOR - GARLAND & GARLAND 'MARINE CONST m 3490 ENTERPRISE AVENUE N NAPLES FL 339420 U? 813/775-5333 m a M M Q cc FOLIO #- 52342920003 m TRACT-000 c BLK- LOT/PARCEL- 78 UNIT- M[ N 0 N J APPROVAL DATE- 5/25/93 CD m CONTACT PERSON -RAY N CONTACT PHONE #- 643-5333 ti The above application has been examined and is hereby approved subject to the payment of $ provided by the Collier County Building�C, a and Ordinances. - r \ / Payment Received by: �1 i Date Issued: / L Receipt No.y 1' / X\ ,as All work under the approved building p rmfit�hall comply with all applicable laws, codes, ordinances and additional stipulation and/or Conditions of Permit. The approvedJi rmit expires if work authorized is not commenced within six (6) months from daft of issue. The permit fee will be doubled, plus a maximum daily penalty of $500.00 if work is -without an approved permit The permittee furtherunderstands that only licensed contractors maybe employed and that the4stnr /m shall not be used oroccupier until a Certificate of Occupancy is issued. \ / ` A I 1 11 _---- Signature of Contractor U10 I i a!1 U NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to thi property that maybe found in the public records of this county, and there may beadditional permits required fron Q other governmental entities such as water management districts, state agencies, or federal agencies. 1 ' WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUI PAYING TWICE FOR IMPROVEMENTS TO YOUI Whim cu«et PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, Yellow - PropertReo eny Appnuter rds Room Pink CONSULT WITH YOUR LENDER ORANATTORNEVDVrn Gold- Packet Pg. RwM626 PAWS roomyr;re RECORDING YOUR NOTICE OF COMMENCEM 91 ££ VA 999L000£ZOZId O�LR) £L99000£6I!wJGd 6uipjin8 - 3 WGw43elAf 3ugwg3ej4v N Q w €Jd it 0 co D it tm O cn m a R a- F a rn u E`d '� N If Q " V - OQ< It c) Cr g it Fr t1 0 O it w t, a — a�- O It d_ J z% z .� 0 it < It �= CL a U7 it it r + Z O it (n it qC - w €t €u ' It It cz It 'Z Q it it c CU 3f' €,.;t Cj in CO w e�! � w OD c < U— Q N 0 t- __._____ 0) t to 3 .. T-i \ON E RS v� tD € l J �J-o to • Ep oeroe r €u LU EXPRESS y5 3.A.f APPLIGATION FOR BUILDINGS, aERMIf COLLIER COUNTY, FLORIDA 813-643-8400 Property ID# Application Date Approved Date CSA 300 NC Replacement 1 & 2 Family Fences _ 316 Reroof (no pitch change) _ 325 Solar Heat _ _306 339 Awning Fireplace _ 318 RV Slab _ 326 Storage Sheds Resident _ _332 345 Carport 1 & 2 Family I Fanroof Fire Suppression Systems _ 319 Satellite Dish _ 327 Swimming Pool 1 & 2 Far _ _309 308 Chickes 1 & 2 Family Flagpole _ 320 Steen Enclosure 1 & 2 Family _ 328 Temp. Electric Poles _ _336 310 Combust Liquid Storage Tank 338 Interior Partition 1 & 2 Family _ 321 Seawall _ 334 Tents _ 302 Dods & Davits 1 & 2 Family311 Lawn Sprinkle _ 322 Septic Tanks _ 337 Underground Water Tank 303 Demolition 1 & 2 Family341 Pilings_ 323 Sewer Tap _ 333 Wood Dock _ 304 Driveways 330 Plumbing Repair / Modifications_ 343 Siding 312 Electrical Work / Minor 1 & 2 Family _ 324 Signs - Sign Electric _ 305 Exhaust Hood System Propane Gas Tanks _ 342 Slab _314 344 Exterior Wall I Alteration Refrigeration _ 335 Siding Glass Doors / Windows _315 1 & 2 Family N to 7 RESIDENTIAL - USE / OCC CODE NONRESIDENTIAL - USE / OCC CODE 998 Express Residential Other 999 Express NonResidential Other Specify: Specify: 328 Other Residential Buildings 328 Other NonResidential Buildings R Sheds / Carport - 1 & 2 Family Cooler / Freezer / Shed 329 Structures other than Buildings Specify: a Pool / Seawall / Dock / Fence 329 Structures other than Buildings M Specify: 2>eC k Fence / Dish / Pool / Seawall / Dock / Tanli > Tower / Roof Structure Specify: o J ,�''--� Owner A �L JFI=&)q GEL 04 Construction Address �,L/C'�( C' s4g DE ii7 l�� PG E'S �L- Address a6o70 I✓✓ 5 z.,�N� RD a Section Township � e_ Range-6 Map/Area— City_lr�/D/HNA�IJS State 1JS� Zip �^766 cD Block Lot/Phtcel _ u Unit T Tract — N Job Representative Rny General Location: 1 2 3 4 5 O 7 8 9 10 11 Phone No. 813- Ll -3 — S 33 3 to 0 GPIN ZONING oo Improvement/ Construction3300 — M Subdivision L 4,- OF Al f R( Value of E WARNING - WORK IN RIGHT OF WAY a This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right -Of -'A r =5 or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler syster '5 landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separl 01 permit for that purpose must be obtained from Project Review Services (643-8471). w c m 100 Footings _ 204 Final Plumbing _ 900 Marco Fire Dept. AP Receipt # E 103 Slab 300 ,Aechanical Rough NC 901 East Naples fire Dept 107 Tin Tab 3J3f/Final Mechanical NC = 902 North Naples Fire Dept. Date Amount a 108 Framing_l//115 Final Building _ 903 Golden Gate Fire Dept. REVIEWED FOR CODE c _ 501 Electric Rough Ill Final Roof _ 904 Little Hickory- COMPLIANCE COUNTY DEPTS. o' E _ 502 Final Electric _ 400 Rough Gas Bonita Shore Initial DateF4 ZONING/BUILDING R _203 Sewer Tap _401 Final Gas _905 Ochopee Fire Dept. �E Q 110 Tie Down 800 Right of Way _ 906 Immokalee ENGINEERING E— _619 Pollution Control 700 Pool Steel & Ground 701 Final Pool _200 Plumbing Rough Owner Builder/ Contractor G-19 R. Address Signature Owner / Ider SS# NOTARY4as to Contray comm _ tStorm Water Mgmt Spot Survey -10days _ 99 Notice of Commencement 127 Elevation Certificate City _907 Big Corkscrew UTILITIES A1`fg ,STATE OF YL RIDA. ... ggy C®1btMSmON 9"IRES: Oct. 29, 1�;5' SOp7Mp MU NOTARY PUBLIC UNDZRV,/'UT_': F4, FIRE TOTAL PERMIT FEE STATE -REGISTRATION NO. CARD NO. �55 State Zip Code at S 2� 1Z eIsJJ-0� G40n S. $tepanieh Permit No. 3-�� i 3 mission # CCID0404 Packet Pg. 28 3.A.f COLLIER COUNTY GOVERNMENT Community Development & Environmental Services Division Operations / Records Dept. 2800 Horseshoe Dr N Naples, Fl 34104 Phone (239) 403-2400 x 5578 Fax (239) 659-5747 www.colliergov.net 'CSR Services Requested o Copies (Description) ❑ Other (Description) o--R-eraords t tWeval (::F:ile &Roll Plan �� -D 4' D L � Z� Box # File &Roll Plan - Box # ; File &Roll Plan Box # ; Please be advised that there will be a seven to ten (7-10) business day retrieval period on all records/files from storage. Once the request record/file is delivered, you will be notified via telephone by the Record Services Department. If you do not come in to view the file within 10 business days .from notification, the record/file will be returned to the storage facility. Fµ .+..' .# .r4 Y.'. sly t:l: - .": .i};1: -d •• 'S. �r: :.�'a FOR OFFICE USE ONLY;° �•.� .' �A. ...r: :;a. ' :k�'; ..y'.. �.?,�: '. ;x.:: v `ki R-'.`,• • �, ..,fit D File Y w ate a Orde ed: 3 � .D Y Dis -"PANCY Date File Received'' Date Customer CalledA. Date File `Reviewed: FOLL P. y •�� _ �1 ��' ..ten::'1': -:.r :F. � ::!�;. "+i°'`�' '4'.' i. • t'' f .i — . F. •.••8y.. f.. SJ• �(, tS' '.�k" ,"'i3, J•: Y?f.�y>i.�. •`'�•.'r.�, d.'�'�� :k' �',j'•i„ .��:,•f •.n° i Yi'e ...V „4.. •+1 ,.� .t }p,:.,, • � ••,�•�' Date File toJbeJreturned After 10 'days notification �"' 'L%t{rL{) ; Y•� r , Z. fie- '••a�u ti•1; „ -y, j' .j` -�.� � �'.' .' �;.: Packet Pg. 30 COLLIER. COUNTY GOVERNMENT Community Development & Environmental Services Division Operations / Records Dept. - 2800 Horseshoe Dr N Naples, Fl 34104 "A' r: ; Phone (239) 403-2400 x 5578 N :Fax (239) 659-5747 VV w.colliergov.net June 16, 2003 Please be advised that there will be a seven (7)-business day retrieval period on all records/files from storage. Deliveries are on Monday, Wednesday, and Friday. Once the request record/file is delivered, you will be notified via telephone by the Record Services Department. If you do not come in to view the file within 10 days from notification the record/file will be returned to storage. Date: 1� CSR Name: ' e" `VO070 DATA FILE FLINN Phone #: 4 U-.7 VO 3 File &Roll Plan 7 d Box # File &Roll Plan Box # File &Roll Plan Box # ; Remarks FOR. F'ICE USE:.O l "say :Y 1 ,�, .:ay„r.,y •j �,; t 9•�: 'r W '„ _. qq •�� '.•- Date File"Ordered: ". DISCREPANCY :' `: ;�• "' c Date File Received:;; ~ - J '.I .a. Date Customer Called. Date File Reviewed:.."... s4i, FOLLOW UPr • 4 . 4r'{ 'c.: Date File to be returned+ AA s '� r ,:•a , k., After 10 daysnotification Q Revised 05/17/04 .xLj; Packet Pg. 31 r " 44 �- - I -i- �- - ' � �1-` -i-' - -r $- t•-r-t-' t--{-• -+_ .r {., 1. i.. � L - i . - .. _. .. r_' _ I : � I� eeA��Q pi --1--.�i"i '� y`Y� r-r- .�"T-r._•�+_ _ + ,. .. _.L.-. ._... .. ._ .- ._..� .• to a co L�{ni rtj:� -r + - - i .+.. 0 , rto 4-r 4- -a� •_#yl� to ._ �_ � '�'�'rt'rt + Y!�- ri- t`-f-� I {��R��V i _;PM•.�.�_ r t f � , -`I - .�3 t t� i. �- . *_,� _r - � — R kill ' Kai '� _ ; I t �t PS -+- '--r-r- . --f--r•-4. ., J._+_' _ I i ( %' '' �L„ '.:.1_.1-_I ,•t_ : y_T- ' i s 14 R t t QI_ -� t--j' ' '-i--1,_.F- t : f� `{-.^'~ i 1 t` �•- ..{._ y.. d T-.t . 1-4 T T r , I , I + f:t-tt-+ t- Packet Pg. 33 3.A.g HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: � X Narrative of request a X Property Information 0 X Property Ownership Disclosure Form co X Any other documents required by the specific petition type; such as a variance, a boat dock extension; PUD amendment, rezone request, etc. m Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) R Affidavit of Unified Control a Q X Affidavit of Representation X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with r Water depth, location maps etc.) X NIM Information (Sign in sheet, notes, minutes and transcript/or summary) / Agent Letter Q ✓ Include 3 thumbnail drives of video and/or audio m E Traffic Impact Study (TIS) �a X Environmental Data r Q Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\IobAides orHelp Guides Packet Pg. 35 3.A.g X Boundary Survey Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. Submerged Resource Surveys may be included here if required. flash drive with only one pdf file for all documents I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 9/8/2023 Signature of Agent Representative Nick Pearson Printed Name of Signing Agent Representative Date Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 36 3.A.g Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 VARIANCE PETITION APPLICATION Variance from Setbacks Required for a Particular Zoning District LDC section 9.04.00 & Code of Laws section 2-83 — 2-90 Chapter 3 J. of the Administrative Code PROJECT NUMBER To be completed by staff PROJECT NAME DATE PROCESSED Name of Property Owner(s): APPLICANT CONTACT INFORMATION Joseph Russo Name of Applicant if different than owner: Address: 33 Pelican St. W Telephone: E-Mail Address: Name of Agent: Nick Pearson City: Naples Cell: Firm: Turrell, Hall & Associates, Inc. Address: 3584 Exchange Ave : 239-643-0166 TelephoneCell: E-Mail Address: Nick@THAnaples.com City: State: FL ZIP: 34113 Fax: Naples State: FL ZIP: 34104 Fax: BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 4/27/2018 Pa Packet Pg. 37 3.A.g Co Ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page) Property I.D. Number: 52342920003 Subdivision: ISLES OF CAPRI Metes & Bounds Description: Section/Township/Range: 32 / 51 / 26 Unit: 1 Lot: 78 Block: Address/ General Location of Subject Property: 33 Pelican St. W Total Acreage: 0.21 North side of W. Pelican St, approximately 920 ft. west of south terminus of Capri Blvd. ADJACENT ZONING AND LAND US, - Zoning Land Use N S RSF-4 Residential, single-family E RSF-4 residential, multi -family <10 units W RSF-4 Residential, single-family Minimum Yard Requirements for Subject Property: Front: Corner Lot: Yes ❑ No 0 Side: 15 Waterfront Lot: Rear: Yes 0 No ❑ Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. 4/27/2018 Pa Packet Pg. 38 3.A.g Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: Name of Homeowner Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: City: State: ZIP: NATURE OF PETITION On a separate sheet, attached to the application, please provide the following: 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 4/27/2018 Pa Packet Pg. 39 3.A.g Gorier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 b) 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 is the subject of the variance request. c) Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. d) 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 or welfare. e) Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. f) Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. g) Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. h) Will granting the variance be consistent with the Growth Management Plan? 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No If yes, please provide copies. 4/27/2018 Pa Packet Pg. 40 3.A.g Collie County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: Variance Chapter 3 J. of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) ❑ Pre -Application Meeting Notes Te:S {�,¢�.�, 1 ❑ Project Narrative ❑ Completed Addressing Checklist 1 Property Ownership Disclosure Form 1 Conceptual Site Plan 24" x 36" and one 8 % " x 11" copy Q Survey of property showing the encroachment (measured in feet) 2 Affidavit of Authorization, signed and notarized ❑ Deeds/Legal's Location map Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial ❑ Historical Survey or waiver request 1 Environmental Data Requirements or exemption justification 3 Once the first set of review comments are posted, provide the assigned the Property Owner Advisory Letter and Certification 1 L� ID Electronic copy of all documents and plans *Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 �� ❑ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. Please contact the project manager to confirm the number of additional copies required. 4/27/2018 Page 5 of 6 Packet Pg. 41 3.A.g COLLIER COUNTY GOVERNMENT CAr County 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Planners: Indicate if the petition needs to be routed to the following reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review City of Naples: Robin Singer, Planning Director Immokalee Water/Sewer District Conservancy of SWFL: Nichole Ryan Parks and Recreation: David Berra ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay School District (Residential Components): Amy Lockheart Other: FEE REQUIREMENTS ❑ Pre -Application Meeting: $500.00 ?'— Variance Petition: er- Residential- $2,000.00 o Non -Residential- $5,000.00 0 5th and Subsequent Review- 20% of original fee K� Estimated Legal Advertising Fee for the Office of the Hearing Examiner: $1,125.00 ❑ After The Fact Zoning/Land Use Petitions: 2x the normal petition fee ❑ Listed Species Survey (if EIS is not required): $1,000.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and the permit fee shall be submitted to: Growth Management Department Zoning Division ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Applicant Signature Nick Pearson Printed Name 5/4/23 Date 4/27/2018 Page 6 of 6 Packet Pg. 42 3.A.g TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue • Naples, Florida 34104-3732 • 239-643-0166 • Fax (239) 643-6632 • tuna@thanaples.com Russo Side Setback Variance Petition May 3, 2023 Nature of Petition 1. A detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25 ft. to 18 ft.; when property owner purchased property; when existing principal structure was built (include building permit number(s) if possible); why encroachment is necessary, how existing encroachment came to be; etc. The property at 33 Pelican St. W, owned by Joseph Russo since May of 2021, was originally platted as a rectangular 80' x 115' lot. However, it has been slightly modified to include the unplatted triangular portion of land to its north that lies between the platted boundary and the Mean High - Water Line. The true depth of the lot is therefore 115' on the east side, but 161' on the west side. The shoreline at the site is of a vertical seawall construction and occurs predominantly at an angle along the property's north side. The total shoreline length is approximately 77 linear feet. The uplands of the site contain a single-family home, which serves as Mr. Russo's primary residence. The parcel contains an appurtenant L-shaped dock which has existed at the site since 1993 and appears to have been originally permitted under permit number 93-6673. A canopy was added to the dock in 2019. The existing dock protrudes approximately 20' from the face of seawall/Mean High -Water Line and with the canopy, covers approximately 555 square feet of over water structure. The dock supports mooring of a single vessel within a boatlift beneath the canopy. The shoreline length at this property (77 linear feet) requires that the provided side -setback is 15' from the riparian lines by any dock structure or vessel. The west riparian line has shifted over time due to the lack of shoreline stabilization provided by the neighboring property, causing the existing dock on the subject property to be encroaching slightly with the required 15' side setback. This petition would allow for a slightly larger encroachment of the side setback. That is, we propose for the applicant to be approved for an 11' side setback on the west side of the project site and 4' on the east side so as to allow for the mooring of an additional boat at a newly proposed dock facility which is currently under review for a Boat Dock Extension under companion petition #PL20230007656. The new dock will expand upon the existing structure by adding a flair to the end of the L, and by providing a second boatlift. As is described in the BDE petition, the new dock would protrude 39' into the water way and would consist of 233 square feet of over - water structure (not including the canopy). All structures proposed would still be located within the applicant's riparian lines and have been designed so as to not affect the ingress or egress from neighboring docks. The dimensions proposed will largely align with the existing structure, which has existed in its current location for close to 30 years. Packet Pg. 43 3.A.g 2. For projects authorized under LDC Section 9.04.02, provide a detailed description of site alterations, including any dredging and filling. The only alterations proposed under Section 9.04.02 include construction of a private, recreational pile -supported boat dock with 2 boatlifts. No dredging, filling, or otherwise movement of earth is proposed as part of this petition. 3. Pursuant to LDC section 9.04.00, staff shall be guided in their recommendation to the Hearing Examiner, and the Hearing Examiner shall be guided in the determination to approve or deny a variance petition by the criteria (a-h) listed below. Please address the following criteria: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The parcel on which the proposed project is to be built is an irregularly shaped plot of land where although the shoreline is 77 in length, the riparian area is effectively restricted by converging riparian lines and by extension the required side setbacks to an even greater extent. The buildable and navigable space is even further restricted by a sand bar colonized by seagrasses to the north, which has required neighboring residences to construct docks that bridge the shallow water. Because of the pie shaped riparian area, a bridge of sorts is not possible at this location. And the Rookery Bay aquatic preserve (along with seagrass presence) essentially prevents dredging from occurring so as to attain proper depths through artificial means. The east neighbor also has a legally non -conforming (grandfathered) dock with respect to the western side setback, total protrusion, and overall decking square footage, making a possible ingress and egress path only possible from a near due -east angle. This angle is only attainable with a slip orientation such as that which is proposed. This variance would allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water -based recreational activities while also maintaining the ability to safely ingress and egress by any of the applicant's vessels. b. 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 is the subject of the variance request. Please see the response to the previous criteria. None of the many complications surrounding this site are the cause of the property owner. Additionally, many docks of similar or greater dimensions have been previously approved and permitted on nearby lots to both the north and east. c. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes, denial of a side setback variance for this property would severely limit the usable riparian space associated with the site. Further, even if no side setback variance was granted, the existing structure, which has been in place for 30 years, would still be in conflict with the west riparian setback. Packet Pg. 44 3.A.g d. 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 or welfare. The applicant is proposing to only utilize the space within his riparian area. The amount of decking proposed is substantially less than many of the surrounding non -conforming docks. And the added protrusion will not affect navigability of any of the neighbors. Therefore, it is our opinion that a side setback variance of 4' and 11' is reasonable for the circumstances. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No, the variance requested is for a dock associated with a single-family residence that will be utilized for recreational purposes only. Nearly all of the surrounding lots already contain larger docks used for the same recreational purpose. Therefore, granting this variance will not confer any special privilege to the applicant, but will allow the applicant to make the same reasonable use of his property as his neighbors. f. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The dock facility code as outlined in Chapter 5.03.06A. states that: "Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel, the use of the waterway, the use of neighboring docks, the native marine habitat, manatees, and the view of the waterway by the neighboring property owners." The dock design proposed under this variance petition has been specifically configured in such a way so as to adequately provide safe access to the applicant's vessels. The proposed design will not affect public navigation, the overall use of the waterway, or the use of neighboring docks. It will not impact native marine habitats or manatees. And the proposed dock will not change or create any impacts to views of neighbors. Therefore, our opinion is that the proposed dock is in harmony with the intent and purpose of the zoning code. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The area which the proposed structures would cover per this variance petition consists of the surface waters of a tidally -connected waterway that is part of the Rookery Bay Aquatic Preserve. Construction within the side setbacks as proposed will have no effect on the water and has been designed to be compliant with the applicable aquatic preserve restrictions. The proposed project has already received state and federal approval from the Florida Department of Environmental Protection and U.S. Army Corps of Engineers. Packet Pg. 45 3.A.g h. Will granting the variance be consistent with the Growth Management Plan? Yes, besides the dock's side setbacks and protrusions, all other design criteria will be met. Granting of a side setback variance in this instance will therefore be consistent with the Growth Management Plan. 4. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? To our knowledge, an official interpretation or zoning verification has not been rendered on this property within the last year. Packet Pg. 46 Collier County Property Appraiser Property Summary Parcel No 52342920003 Site Address*Disclaimer 33 PELICAN ST W Site City NAPLES Site Zone *Note 34113 RUSSO,JOSEPH 33 W PELICAN ST City I NAPLES I State I FL I Zip 134113 F-Map No. Strap No. Section Township Range Acres *Estimated 61332 426400 786B32 32 51 26 0.21 N to Legal ISLES OF CAPRI NO 1 LOT 78 AND ALL THAT LAND LYING N OF LOT 78 TO THE MHTL (1.50- MSL) IN GL9 SEC 32 TV RNG 26 to Milla a Area i 91 Milla a Rates o *Calculations Sub./Condo 426400 - ISLES OF CAPRI UNIT 1 School Other Total Use Code i 1 - SINGLE FAMILY RESIDENTIAL 4.459 6.5042 10.963 Latest Sales History 2022 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change Date Book -Page Amount 05/19/21 5953-1 $ 1,450,000 10/19/15 5208-1495 5157-611 $ 875,000 05/12/15 $ 0 02/01/13 4894-2119 $ 0 01/09/04 3481-2179 $ 0 06/06/91 1622-524 $ 0 03/01/89 1425-133 $ 60,000 06/01/84 1083-862 $ 32,000 E ( v i2 d !� CV)11 Q 11 � 10 � 11 10 0 11 07/01/77 697-968 $ If all Values shown above equal 0 this parcel was created after the Final Tax Roll o Cl) Land Value $ 8 (+) Improved Value $ 4 (_) Market Value $ 1,3 (_) Assessed Value $ 1,3 (-) Homestead $ (_) School Taxable Value $ 1,3 (-) Additional Homestead $ (_) Taxable Value $ 1,3 N 0 N J IL IZ CL Q u- C E t t) r+ Q �.i C d t t� a+ a Packet Pg. 47 N 0 N J IL IZ CL Q u- C E t t) r+ Q �.i C d t t� a+ a Packet Pg. 47 Parcel No 52342920003 Collier County Property Appraiser Property Detail Site Address 33 PELICAN ST W *Disclaimer 3.A.g Site City I NAPLES Site Zone *Note 34113 RUSSO,JOSEPH 33 W PELICAN ST I City I NAPLES I State I FL I Zip 134113 Permits (Provided for reference purposes only. *Full Disclaimer. ) Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 0 COUNTY PRBD20151134785 08/29/16 ROOF 1992 COUNTY 90-8403 SEA WALL 1993 COUNTY 93-3291 11/05/93 RESIDENCE 1993 COUNTY 93-6673 DOCK 1993 COUNTY 93-7314 11/05/93 SCREEN ENCLOSURE 1993 COUNTY 93-7687 10/29/93 2003 COUNTY 0209-0772 DOCK 2005 COUNTY 0503-1725 03/22/05 2006 COUNTY 0511-2475 RE -APPLY 2017 COUNTY PRBD20160307517 08/22/16 DOCK 2017 COUNTY PRBD20160831069 10/20/16 2018 COUNTY PRBD20160725471 04/07/17 OTHER 2019 COUNTY PRBD20180210499 20201 COUNTY PRBD20190102824 02/28/19 02/27/19 NO PICKUP 20221 COUNTY PRBD20211151171 DOCK, NO PICKUP, OTHER Land # Calc Code Units 1101 SQUARE FOOT 1 9147.6 Building/Extra Features # Year Built Description Area A 10 1993 RESIDENTIAL 1696 20 1993 SWIMMING POOL 196 30 1993 CONCRETE 832 40 2016 PVC D 182 50 1976 SEAWALL 60 Packet Pg. 48 Collier County Property Appraiser Property Aerial 3.A.g Parcel No I S2342920003 Site Address *Disclaimer 33 PELICAN ST W Site City NAPLES Site Zo 0 N N 7 (n r+ L IL M M Q O LO L0 ti O O O M N O N J a zo LL a+ a Packet Pg. 49 CO�ler County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 'ROPFRTY n%AiKirR-,miD nlSCLOc-1 iRF FnRn/1 This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership Joseph Russo - 33 Pelican St. W 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership 01/2023 Pa Packet Pg. 50 CO�ler County 0 e f f* Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, JLUL.RI IUIUCI J, UCI ICI lual ICJ, UI i.Jdl LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: 01/2023 Pa Packet Pg. 51 Coder Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Agent/Owner Signature Nicholas Pearson Agent/Owner Name (please print) 5/8/2023 Date 01/2023 Pa Fq Packet Pg. 52 INSTR 6065314 OR 5953 PG 1 RECORDED 5/25/2021 8:39 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $10,150.00 REC $18.50 CONS $1,450,000.00 3.A.g This Document Prepared By: Robert Rogers, Atty at Law 1415 Panther Lane, #360 Naples FL 34109 Return to: - Parcel ID Number: 52342 Actual consideration paid is S Warranty This Indenture, Made this 20t�1 day of May 2021 David M. Mikula and Laura✓Mikula, husband and wife of the County of Collier ,�\ , State of Florida Joseph Russo whose address is: 33 Pelican Street W, Naples; `] of the County of Collier Witnesseth that the GRANTORS, for and in conside TEN DOLLARS ($10) and other good and valuable consideration to GRAN acknowledged, have granted, bargained and sold to th forever, the following described land, situate, lying and State of Florida to wit: 34113 -ate of Florida on of the sum of hand paid by GRANTEE, NTEE and GRANTEE'S ie,County of Collier Lot 78, ISLES OF CAPRI NO. 1, according to th Book 3, Page 41, Public Records of Collier Count North of said Lot 78, to the mean high tide line (1 Section 32, Township 51 South, Range 26 East, C TOGETHER with all tenements, hereditaments and appurtel anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever; A.D., Between , grantors, and , grantee. the receipt whereof is hereby heirs, successors and assigns plat thereof as recorded in Plat It; together with that land lying � n Government Lot 9 in 40ty, Florida belonging or in Subject to (a) ad valorem and non ad valorem real property taxes for tfi4e of closing and subsequent years; (b) zoning, building code and other use restrictions irpp6s by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (dyrestrictions, reservations and easements common to the subdivision. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Laser Generated by ®Display Systems, Inc. 2021 (863) 763-5555 netForm FLWD-1 Packet Pg. 53 *** OR 5953 PG 2 *** 3.A.g Warranty Deed -Page 2 Parcel ID Number: 52342920003 In Witness WhO, grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and �dfver d in our presence: (Seal) Printed Name: �� Q q �(r'�, David . Mikp Witness as to BOt • V P.O. Add! s: 85 Dolphin it e, Naples, FL 34113 (Seal) rioted N . �' yhi� ura Mik�l Witness as to Both y .O. Address: 85 Dolphin Circle, Naples, FL 34113 State of Florida' County of Collier The foregoing instrument was ackno ledged 6e� z by means of Wl physical presence or ❑ online notarization, this / G� day of 2021 f b3 "rid M. Mikula and Laura Mikula who are personally known to me or who have produced th a� 1d tifi tion . rint�ame: �,W N Notary Public State of Flonda No Public Wendy M Humphrey y • My Commission GG 959959 My Cocnrmxsigh f h„o Expires 02119/2024 „," l , russMIKU Laser Generated by ©Display Systems, Inc. 2021 (863) 763-5555 netForm FLWD-1 Packet Pg. 54 3.A.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20230007656 (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaserrIand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Tuneu, Hall & Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I de are tnat I have read the foregoing Affidavit of Authorization and that the fsn+sq- sited in it are true, 7 ignature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of 61/physical presence or [3 online notarization this day of MQX n 20_2 ,.by (printed name of owner or qualifier) ,. m 5es�Vl ej!� pep Suc) person(s) Notary Public must check applicable box: dAre personally known to me ® Has produced a current drivers license Has produced as wentirication. Notary Signature: CP108-COA-001151155 REV 3/4/2020 ,1PJORDAN LEE RICE ti ANotsfy Public -,State of Florida �+= Commission #1 GG 947550 My Commission Expires January 16, 2024 Packet Pg. 55 3.A.g Letter of Notification of Variance to Property Owners and Associations within 150 feet July 7, 2023 Mr. Joseph Russo 33 Pelican St. W Naples, FL 34113 Dear Property Owner: Please be advised that the sender has made a formal application to Collier County for a variance from the requirements of the zoning regulations as they apply to the following described property: Lot 78, ISLES OF CAPRI NO. 1, according to the map or plat thereof as recorded in Plat Book 3, Page 41, Public records of Collier County, Florida; together with that land lying North of said Lot 78, to the mean high tide line (150' MSL) in Government Lot 9 in Section 32, Township 51 South, Range 26 East, Collier County, Florida It is our intent to ask the County to allow us a variance from Land Development Code Section 5.03.06.E.6 to reduce the required side yard riparian setback of 15 feet to 11 feet from the west riparian line and 4 feet from the east riparian line for a dock facility on a lot with greater than 60 feet of water frontage on the aforementioned property. You are encouraged to contact the sender of this letter in the event you would like additional explanation or further information. In any event, please be advised that we are interested in assuring you that our request should not adversely affect your property interest. Sincerely, Mr. Joseph Russo 33 Pelican St. W Naples, FL 34113 Packet Pg. 56 OM maw u8311ed£ VA9 9 0 0 Z Z d:UL Z do g%■uLoildd¥.]juemLj3e n¥: ewe mjv $($))§)})§\ o 00000 \\\�\\ „ ;;;;§; ............\ 3.A.h John Kelly From: John Kelly Sent: Tuesday, September 26, 2023 3:57 PM To: John Kelly Subject: VA-PL20230007656 and BD-PL20220004574, 33 Pelican Street West - Public Hearing Sign Posting Attachments: Photo 1.jpg; Photo 2 jpg I, John Kelly, personally posted a Public Hearing sign to the front of 33 Pelican Steet West, at approximately 2:50 PM this date, as evidenced by the attached photographs. The notice is for the Hearing Examiner's meeting of October 12, 2023. Respectfully, John YeCCy Planner III Zoning Division - Zoning Services Section Growth Management Community Development Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.ciov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Cotr County Growth Management Community Development Department Zoning Division Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 58 3.A.h PUBLIC HEARING FIR VARIANCE Petition No. PL202301007656 AND BOAT DOCK EXTENSION •- _ — To Allow a 39-foot Protrusion Petition No. PL20220004574 HEX: October 112, 2023, at 9 A.M. Growth Management Building 2800 North Horseshoe Drive, 609/'610 John Kelly, Planner III: (239) 252-5719 , I Packet Pg. 59 3.B 10/12/2023 COLLIER COUNTY Collier County Hearing Examiner Item Number: 3.13 Doc ID: 26711 Item Summary: Petition No. BDE-PL20220004574 — 33 Pelican Street West - Request for a 19-foot boat dock extension from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility protruding a total of 39 feet into a waterway that is 682f feet wide. The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. [Coordinator: John Kelly, Planner 111] Commission District 1 Meeting Date: 10/12/2023 Prepared by: Title: Planner — Zoning Name: John Kelly 09/19/2023 11:10 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 09/19/2023 11:10 PM Approved By: Review: Hearing Examiner (GMD Approvers) Diane Lynch Operations & Regulatory Management Michael Stark Zoning Zoning Zoning Hearing Examiner James Sabo Ray Bellows Mike Bosi Review Item Review Item Review Item Review Item Division Director Andrew Dickman Meeting Pending Completed 09/25/2023 5:49 PM Completed 09/26/2023 8:24 AM Skipped 09/26/2023 8:48 AM Completed 09/26/2023 9:18 AM Completed 09/28/2023 4:34 PM 10/12/2023 9:00 AM Packet Pg. 60 3.B.a CQ ieT C914ftty STAFF REPORT TO: COLLIER COUNTY HEARING EXAMINER FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: OCTOBER 12, 2023 SUBJECT: BD-PL20220004574; 33 PELICAN STREET WEST — RUSSO VARIANCE PROPERTY OWNER/APPLICANT: Joseph Russo 33 Pelican St. W Naples, FL 34113 REQUESTED ACTION: AGENT: Nick Pearson Turrell, Hall & Associates, Inc. 3584 Exchange Ave. Naples, FL 34104 The petitioner requests a 19-foot boat dock extension from the maximum permitted protrusion of 20 feet allowed by Section 5.03.06.E. I of the Collier County Land Development Code (LDC) for waterways greater than 100 feet in width to allow a boat docking facility protruding a total of 39 feet into a waterway that is 6821 feet wide, for the benefit of the subject property. GEOGRAPHIC LOCATION: The subject property is located at 33 Pelican Street West and is legally described as Lot 78, Isles of Capri No. 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida; together with that land lying North of said Lot 78, to the mean high tide line (150' MSL) in Government Lot 9 in Section 32, Township 51 South, Range 26 East, Collier County, Florida. (See location map on the following page) PURPOSE/DESCRIPTION OF PROJECT: The current owner purchased this property in May 2021, and has been homesteaded. Said property was originally platted as a standard rectangular lot measuring 80 feet by 115 feet; however, it has since been modified to include an unplatted triangular portion of land to its north that lies between the platted boundary and the Mean High -Water Line (MHWL). Therefore, the true depth of the lot is 115 feet on the east side and 161 feet on the west. The shoreline of this property is comprised of a vertical seawall that runs at an angle along the north side of said (continued page 4) BD-PL20220004574 — 33 Pelican St W Page 1 of 10 September 19, 2023 Packet Pg. 61 ISOM WAS Ueollad ££ a8 VL5b000ZZ0Z-1d �LW) £ZOZ6460:podau }}e;S'PL9b000ZZOZld-03 :;uawyoel;br N to m M L IL w a� Y o �o 0 W H � � m O a boo =�o ®a�m J �! m �L Q V'I bald -Eagle �R HL a x L- uo W D U a N LO 0 0 0 N N CD J f 47 E D C 0 4— W CL Cu M U J V a BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 2 of 10 3.B.a SURROUNDING LAND USE & ZONING: North: Pompano Bay; within a Rural Agricultural (A) Zoning District with a Special Treatment (ST) Overlay South: Pelican Street West (Right -of -Way) then Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district East: Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district West: Single-family residence in a Residential Single-Family-4 (RSF-4) zoning district Collier County GIS BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 3 of 10 Packet Pg. 63 3.B.a Google Earth Aerial — facing south PURPOSE/DESCRIPTION OF PROJECT (continued from page 1) property: the total length of the seawall/shoreline is 77 linear feet. The existing L-shaped dock facility was constructed using Building Permit No. 930006673; however, the County is uncertain if a Certificate of Completion was ever issued. A survey obtained for this project reveals the northwest corner of the existing dock facility encroaches 1.8 feet into the required 15-foot side/riparian setback to the west. The petitioner desires to modify the existing dock facility by adding a triangular flair to the northeast portion of the L-shaped dock that would allow for the placement of a second boatlift to accommodate a new 34-foot vessel; the existing boatlift is to be occupied by a 12-foot vessel. The outermost piling, which will serve as structural support for the new boat lift, protrudes 39 feet as measured from the Property Line/Mean High Water Line (MHWL), thus necessitating the 19-foot Boat dock extension. The fixed location of the proposed boat dock structure will measure 13 feet from the western riparian line and 10 feet from the eastern riparian line; however, the proposed 34-foot vessel will encroach further into said side/riparian setbacks and therefore requires a further reduction from 13 feet to 11 feet on the west and from 10 feet to 4 feet on the east. The side/riparian setbacks are the subject of a companion Variance petition. BD-PL20220004574 — 33 Pelican St W Page 4 of 10 September 19, 2023 Packet Pg. 64 3.B.a ENVIRONMENTAL EVALUATION: Environmental Planning Staff has reviewed this petition and has no objection to granting this request. The property is located adjacent to an ST overlay zone (Pompano Bay), which will require an ST-permit for the proposed docking facilities prior to issuance of the building permits. The proposed dock is to be constructed waterward of the existing seawall. The shoreline does not contain mangroves. The submerged resources survey revealed the presence of seagrass species, Shoal grass (Halodule wrightii). The Shoal grass is located north of the proposed dock and will not be impacted. The shoal grass runs north of the proposed docking facility and straddles the subject properties and the adjacent property's riparian boundary (Northwest). The seagrass bed is located three (3) feet North, just beyond the dock's boatlift pilings (BDE Exhibit Page 6 of 9). The shoal grass location meets the description referenced in LDC (5.03.06 J.2): All proposed dock c facilities shall be located and aligned to stay at least 10 feet from any existing seagrass beds, except m where a continuous bed of seagrasses exists off the shore of the property and adjacent to the to property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and c submerged vegetation, and hard bottom communities. The docking facility has been designed to N minimize impacts to the existing seagrass bed. However, since the installation of the dock and o boatlifts will be less than the required 10 feet from the adjacent seagrass bed, the docking facility a must meet the following design conditions of approval (LDC 5.03.06.J.3): ti a. The dock shall be at least 2.2 feet NAVD. N b. The terminal platform area of the dock shall not exceed 160 square feet. M C. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. This project does not require an Environmental Advisory Council Board (EAC) review because this project did not meet the EAC scope of land development project reviews as identified in Chapter 2, Article VIII, Division 23, Section 2-1193 of the Collier County Code of Laws, and Ordinances. STAFF ANALYSIS: In accordance with LDC Section 5.03.06.H., the Collier County Hearing Examiner shall approve, approve with conditions, or deny a dock facility extension request based on certain criteria. In order for the Hearing Examiner to approve this request, at least four of the five primary criteria and four of the six secondary criteria must be 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. BD-PL20220004574 — 33 Pelican St W Page 5 of 10 September 19, 2023 Packet Pg. 65 3.B.a (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.) Criterion met. The subject property is improved with a single-family residence within a Residential Single-Family-4 (RSF-4) Zoning District. The proposed private boat dock 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.) Criterion met. The applicant's agent states: "As it stands, the proposed vessel (34' LOA) will likely have issues getting on and off its lift at low tide as there will only be approximately 1.7' to 2.0' of water depth available at the average low tide. However, the water depths at the site are such that the proposed configuration is the optimal design available for ingress, egress, and storage on a lift of the proposed vessel. Any other lift configuration within the applicant's riparian area poses even greater issues with water depths. The applicant acknowledges and understands this difficulty." Staff concurs. 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 N into any marked or charted navigable channel, thus impeding vessel traffic in the M channel.) o Criterion 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. 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.) Criterion met. The applicant's agent states: "Measuring the waterway width at this site is somewhat problematic because both the subject property and the shore opposite the subject property both undulate substantially, meaning that the waterway width fluctuates depending on where the measurements are taken from and to. The survey provided describes the waterway width as 1,120 feet wide. Although this measurement is not specifically depicted on the survey, our interpretation is that this is a literal measurement taken at a right angle from the largest segment of the seawall at the subject property to a point on the opposite shore. If a perfect 90-degree angle is not utilized, and instead, we consider only the nearest point of shore opposite the property (regardless of angle of measurement), the waterway width could be approximately 682 feet. For the sake of a conservative measurement, we have elected to use the smaller of the two waterway widths (682') to address this criterion, though both can be seen depicted on exhibit sheet 09 of 09. BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 6 of 10 Packet Pg. 66 3.B.a The proposed dock facility will protrude a maximum of 39' from the face of the seawall or Mean -High -Water line, corresponding with the property line and the most restrictive point from which protrusion is measured. The proposed 39' would comprise approximately 6% of the 682' waterway width. Between the end of the proposed dock and the docks on the opposite side of the waterway is approximately 599' of open water, which equates to approximately 88% of the waterway being left for navigability." Staff agrees with the above findings. 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.) Criterion met. In part, the applicant's agent states, "The docking facility to the east is oriented so that ingress/egress occurs from the North (away from the subject property). This property should, therefore, not be affected by the project at all in terms of navigability. The property to the west has only about 2 feet of riparian water frontage available and is essentially non -buildable for dock construction. Therefore, we believe that no neighboring dock facilities nor public navigation will be affected by the proposed structures..." Staff concurs. Secondary Criteria: ti 1. Whether there are special conditions not involving water depth related to the subject N property or waterway that justify the proposed dock facility's proposed dimensions M and location. (There must be at least one special condition related to the property, N including type of shoreline reinforcement, shoreline configuration, mangrove growth, CD or seagrass beds.) o Criterion met. The applicant's agent states: This property has several unique characteristics aside from water depths that make dock construction design at this site difficult and essentially require the proposed configuration. The configuration of the neighboring lot and riparian lines and the accompanying riparian setbacks at this site create a pie -shaped riparian area, severely limiting buildable space for a dock and boat lifts. The pie -shaped buildable area would seem to be best utilized with a north -south ingress and egress path. However, water depths to the north will not allow travel by boat in this direction, even at higher tides. The area to the north is also covered in seagrasses, so using a northern ingress/egress path would not be feasible without damaging the grasses or running aground. An east -west navigation path is a more favorable navigation path for the sake of water depths and lack of seagrasses. The neighboring dock to the east, however, somewhat blocks this path. This dock is legally non -conforming with regard to state aquatic preserve restrictions (amount of decking) and county codes (side setbacks and protrusion). Rebuilding this dock differently in any way would mean bringing it into compliance with current codes. This would likely not be favorable, so it can be assumed that this dock will BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 7 of 10 Packet Pg. 67 3.B.a remain as -is for the foreseeable future. Any dock at the subject property should accordingly be designed so that navigation occurs around it. Despite the above -listed difficulties, the proposed dock configuration appears to be the only functioning design." Staff concurs. 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. Criterion met. In part, the applicant's agent states, "The proposed facility will utilize only about 243 square feet of decking. With the canopy over the existing boatlift, the total overwater structure will amount to approximately 588 square feet, which is still substantially smaller than many surrounding docks that exceed the 20' protrusion limit. The dock has already been authorized by the state (DEP) and federal government agencies (USAGE). Therefore, we believe the decking proposed is not excessive..." Staff concurs. 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.) Criterion not met. The lengths of the proposed vessels are 34 feet and 12 feet for a combined total of 46 feet, whereas the subject shoreline is 77 feet; therefore, the vessels would occupy 59.74 percent of the waterfront area. 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.) Criterion met. The applicant's agent states: The proposed dock re -configuration will be located in a corner of the waterway and is already surrounded by legally non -conforming docks on both sides. The use of the dock for private, single-family recreational purposes is not changing. Therefore, our opinion is that any change in views caused by the project will not be major. Staff concurs. 5. Whether the proposed dock facility will impact seagrass beds. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) Criterion met. The applicant's agent states: "There are seagrass beds present within 200' of the property. Specifically, the grasses form what appears to be a continuous bed that traverses the northern portion of the riparian area of the subject property. These grasses are found north of the proposed structures and will not be affected by shading (regardless of time of day), or in -water structures associated with the proposed project. BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 8 of 10 Packet Pg. 68 3.B.a The proposed structures will be located (with the exception of 2 lift piles) entirely at a greater distance from the grasses than the required 10' buffer space per Chapter 5.03.063 J of Collier County's L.D.C. The two lift piles inside this buffer will be located no closer than 3' from the seagrasses. The remainder of the dock will also comply with the other requirements of Chapter 5.03.063 J, which include limiting the terminal platform to no more than 160 square feet, limiting the access walkways to 4' in width, and elevating the dock to at least 2.2' NAVD. The dock as proposed has already been authorized by the DEP and the U.S. Army Corps of Engineers and complies with restrictions associated with Rookery Bay Aquatic Preserve and Chapter 5.03.063 J of Collier County's L.D.C. Staff concurs; also see the Environmental Evaluation on page 5 of 8 of this Staff Report. 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.) Criterion is not applicable. The provisions of the Collier County Manatee Protection Plan do not apply to single-family dock facilities except for those within the seawall basin of Port of the Islands; the subject property is not located within Port of the Islands. Staff analysis finds this request complies with all five of the Primary Criteria and four of the six Secondary Criteria, with the sixth criterion being not applicable. m N CONCURRENT LAND USE APPLICATIONS: M Companion Petition No. VA-PL20230007656, to reduce the minimum side/riparian setback from 15 feet to 4 feet on the east side and 11 feet on the west side for the boat dock facility and vessel combination. APPEAL OF BOAT DOCK EXTENSION: As to any boat dock extension petition upon which the Hearing Examiner takes action, an aggrieved petitioner may appeal such final action. Such appeal shall be filed per Section 2-88 of the Collier County Code of Ordinances within 30 days of the Decision by the Hearing Examiner. An aggrieved non-party may appeal a decision of the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the Hearing Examiner has approved the petition, the applicant shall be advised that they proceed with construction at his/their risk during this 30-day period. Any construction work completed ahead of the approval authorization shall be at their own risk. STAFF RECOMMENDATION: Based on the above findings, staff recommends that the Hearing Examiner APPROVE Petition BD-PL20220006502 to allow for the modification of the existing boat dock facility as proposed and depicted within Attachment A, with the following condition: BD-PL20220004574 — 33 Pelican St W September 19, 2023 Page 9 of 10 Packet Pg. 69 3.B.a 1. Must meet the following design conditions of approval pursuant to LDC Section 5.03.06.J.3: a. The dock shall be at least 2.2 feet NAVD. b. The terminal platform area of the dock shall not exceed 160 square feet. C. The access dock shall not exceed a width of 4 feet. d. The access dock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. Attachments: A. Dock Facility Plans B. Map of Boundary Survey C. Quit Claim Deed D. Zoning Maps E. Building Permit No. 930006673 F. Applicant's Backup: Application, Narrative, Authorizations, etc. G. 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Zz OLLKO OZWy m 2 a R ow Z r m� zR u 0 IL rq �g ow 0 zw z u Ca U to 3NIlN WaL LL (w a).ou�saoN 41d d a Q O p " ka ggj DAIS SladVO 10 7F�L 0 ru 3t..gt&CMN W,00'M � o W 3.004t.00N _ W 3(%8£OLL .9L.E.00N x o Pic CO z $2 :°� w�. 8g IW$ Q ?1 Z o� �$I U o w m� 1g k$ W S 0 a a (W)98'4LL o V c M.£48E,OOS (d) ,00'0E z d A0'BLL 3.00.L4.155N M.00,L4.00S So LLz I s ;uampe INSTR 5128396 OR 5157 PG 611 RECORDED 5/29/2015 9:37 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 INDx $1.00 3.B.d x QUIT -CLAIM DEED Made this , daiy of May, 2015 From Alice `'O''Briend.and Wayne Hufnagel, Co -Successor Trustees of the Paul a. Hufnagel Revocable Living Trustdated`May 30, 2012 made by Paul A. Hufnagel (deceased) whose post office address is 26 Point Lane, Arcadia, IN 46030, GRANTOR, to Aurora Hufnagel, un-remarried widow whose post office address, is 2,5 Point Lane, Arcadia, IN 46030. WITNESSETH: That thesaid party of the first part for and in consideration of the sum of TEN DOLLARS AND NO/100, lytu� "otter good and valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said gecond .party forever, all the right, title interest, claim and demand which the said first party has (i� andjo j e following described lot, piece or parcel of land, situate, lying and being in the County ofoltier .State of Florida, to wit: All that land lying North of Lot No, Book 3, at Page 41, of the Official R (150' MSL) in Government Lot 9, County, Florida. Property Appraisers Parcel Id of Capri Island One, as recorded in Plat Collier County, to the mean high tide line 32, Township 51 S, Range 26E, Collier 523429200003. TO HAVE AND TO HOLD the same together withal and singular the appurtenances there unto belonging or in anywise appertaining, and all the estate, right, tie,res, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use ;bdhefit of said second party forever. IN WITNESS WHEREOF, the said party of the first parth;K-licteunto set its hand and seal the day and year above written Sieved. Sealed and Delivered in the Presence of /I n r� /l 41e_ -:>-� "per */ Witness #1 Printed Name Witness #2 Printed Name STATE 4 �✓� COUNTY OF f /f70J I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Alice O'Brien as Co -Trustee of the Paul A. Hufnagel Revocable Living Trust dated May 30, 2012 to me known to be the person or persons described in and who executed the foregoing instrument or who has produced El Packet Pg. 81 *** OR 5157 PG 612 *** 3.B.d 1;�? % County and I t 4""*�IAO--as identification and who did not take an oath and me that they executed the same. WITNES hand and official seal in the aforesaid this '� day of May , TEREZIA A. HOGAN Nary Public Seate of Indiana I%iy Comm' lo6EExpires f -cemb'eH 12020 STATEOF •�'l'"'US�/�'"��''° COUNTY OF ,NOT- RY SIGNATURE Printed Name My Commission Expires: / Z , 2 - 20 Wayne Rufnagel, C rustee e,,fRoL f1f�--J=�7-( Witness #1 Printed Name I HEREBY CERTIFY that on this day before me, an"o acknowledgments, personally appeared Wayne Hufnagel as Co-Tn Revocable Living Trust dated May 30, 2012 to me known to be the I and who exeFuted the foregoing instrument o as identification and v acknowledged before me that they executed the same. WITNESS County and State last aforesaid this / z day of May, 20157 @ilA A0WWf-AL;FH OF PENNSYLVANIJ NOTARIAL SEAL Anthony P. hlosesso, Notary PuMe Kennedy Twp., AI!egheny County My Commission Expires Feb. 18,1D18 lbftkLPNNSYLVANIA ASSOCIATION OF NO A IE This instrument prepared without opinion by: William G. Morris, P.A. Post Office Box 2056 Marco Island, FL 34146 (239) 642-6020; fax (239) 642-0722 duly qualified to take f the Paul A. Hufnagel r persons described in yb- has produced i Mot take an oath and I and' - icial seal in the Printed Name My Commission Expires ""�, ,,� /,r Z /� Packet Pg. 82 4� csaIsO«_mUB3! ■2VLSV000od,W9zsm�sun ¥eAza_moq3va_Lj3L m co S . Se. /E//! I § mCON $ I !2§») f ja o ow �w\0CD 2ee0 W w\/\/z of e�§b§§ e -))$/! § /O!§2$ k § .nos e &+eeq m = buileubisepeoinos &no, Amm_sdew#A7am60109ea _¥Gqi mao Z o&IVZ$� ONINOZ :NOISIA3cl ae (ossny POM;aaals ueollad ££ a8 4LS4000ZZ0Zld : W96 sm£ sun sel;y 6uluoZ - a luewyoeuy :luewyoellV SZOL f AVS ONVdWOd m- $ mm �f '"� x m m m m' LL ONIHdlOO x a f yU,y R W o n u /yak g m $ 5 mo _m w0 50 0 m Q a W 6 U .0 a o m L w 0 5 > v ro z a O N v D Y � U t0 1 p N wM d z M m (p I Z I W d/ � g U Z a- W Q U N g J W W Q w J I> N U `p z r q:q 2 N x U F fH~ O z a N N 111 000N— J U F ¢ wm Q 5 Z a¢'o 'pZ U o O R �c aRo�¢ 2 V M N o Z � W u h WWm~ ac =KZ¢Z f LL Q-owZ H OmU¢_ n L �m Z — X W I � I � I ZO I N I � I � m I _ I y I I I •saanosai olboloeepie jo opopq bulleu6lsep aanos Ajunoo lelo!)lo a43 aie sdeW Allllgegad leolb0l09eyoayl31J0lslH 841 H3HiO ZZOZ/CZ/9 ONINOZ :NOISIh318 1SHl APPLICATION DATE 5; 25/93 bWNER- HUFFNAGEL PAUL 2620 WESTLANE RD, INDIANAPOLIS XV-R Cps � rA rh AND IN 462680000 PROJECT NAME -DOCK JOB ADDRESS- 33 WEST PELICAN ST. GEN LOCATION-MARCO SUBDIVISION -ISLE OF CAPRI SECTION- 5 TWP-52 RANGE-26 MAP/AREA- LEGAL PERMIT TYPE- DOCK & DAVITS COST OF CONSTRUCTION- $3,300 PERMIT NUMBER 930006673 0 y 3 0! to d CONTRACTOR - GARLAND & GARLAND 'MARINE CONST 3490 ENTERPRISE AVENUE NAPLES FL 339420 U? 813/775-5333 m a. Cl) M m FOLIO #- 52342920003 v TRACT-000 c BLK- LOT/PARCEL- 78 UNIT- Nl N 0 N J a APPROVAL DATE- 5/25/93 ti cc CONTACT PERSON -RAY N CONTACT PHONE #- 643-5333 ti The above application has been examined and is hereby approved subject to the payment of $ provided by the Collier County Building�C, a and Ordinances. r \ / Payment Received by: � 1 i Date Issued:, / Receipt No. ,as All work under the approved building p rmfit�hall comply with all applicable laws, codes, ordinances and additional stipulation and/or Conditions of Permit. The approvedJi rmit expires if work authorized is not commenced within six (6) months from daft of issue. The permit fee will be doubled, plus a maximum daily penalty of $500.00 if work is -without an approved permit The permittee furtherunderstands that only licensed contractors maybe employed and that the4stnr /m shall not be used oroccupier until a Certificate of Occupancy is issued. \ / ` A I 1 11 --- Signature of Contractor U10 I i a!1 v NOTICE: In addition to the requirements of this pernfit there may be additional restrictions applicable to thi property thatmay be found in the public records of this county, and there may beadditional permits required fron Q other governmental entities such as water management districts, state agencies, or federal agencies. 1 ' WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUI PAYING TWICE FOR IMPROVEMENTS TO YOUI Whim cu«et PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, Yellow - PropertReo eny Appnuter rds Room Pink CONSULT WITH YOUR LENDER ORANATTORNEVDVrn Gold- Packet Pg. RwM685 PAWS roomyr;re RECORDING YOUR NOTICE OF COMMENCEM 91 ££ (18 VLSVOOOZZOZ-id 4419Z) £L99000£6I!wJOd 6uipjin8 - 3 }uGwg3e4lV :1uGwg3ejjv m w 0 as tt 0 tm ri t'. €€ G' :.. ti 0 cn m T a rn u E`d '� N If Q " V - 0 < It c) Cr g it Fr t1 0 O it o 9 w O it uj It d_ J z% z .� 0 it < It �= CL a U7 it it r + Z O it w €t w' It It f' U U a s tt 0 'Z Q it o O a� it uj in CO w e�! � w OD 0) t to \ON E RS v� tD € l J �J-o 6 • al 0 t C ) i - ,f Ep oeroe r €u LU EXPRESS APPLIGATION FOR BUILDINGS, aERMIY COLLIER COUNTY, FLORIDA 813-643-8400 Property ID# Application Date Approved Date 300 NC Replacement 1 & 2 Family Fences _ 316 _ _ 339 Awning _306 Fireplace _ 318 _ 345 Carport 1 & 2 Family I Fanroof _332 Fire Suppression Systems _ 319 _ 308 Chickes 1 & 2 Family _309 Flagpole 320 310 Combust Liquid Storage Tank _336 338 Interior Partition 1 & 2 Family _ 321 _ 302 Dock & Davits 1 & 2 Family 311 lawn Sprinkle — 322 303 Demolition 1 & 2 Family Pilings 323 _ 304 Driveways _341 Plumbing Repair / Modifications _ 343 _ 312 Electrical Work / Minor _330 1 & 2 Family _ 324 _ 305 Exhaust Hood System 314 Propane Gas Tanks _ 342 344 Exterior Wall / Alteration Refrigeration — 335 1 & 2 Family _315 Reroof (no pitch change) _ 325 RV Slab _ 326 Satellite Dish _ 327 Screen Enclosure 1 & 2 Family _ 328 Seawall _ 334 Septic Tanks _ 337 Sewer Tap _ 333 Siding Signs - Sign Electric Slab Siding Glass Doors / Windows 3.B.f CSA Solar Heat Storage Sheds Resident; Swimming Pool 1 & 2 Far Temp. Electric Pokes Tents Underground Water Tank Wood Deck 0 N N 7 RESIDENTIAL - USE / OCC CODE lC NONRESIDENTIAL - USE / OCC CODE 998 Express Residential Other 999 Express NonResidential Other Specify: Specify:In 328 Other Residential Buildings 328 Other NonResidential Buildings C Sheds / Carport - 1 & 2 Family Cooler / Freezer / Shed .2 329 Structures other than Buildings Specify: a M Pool / Seawall / Dock / Fence 329 Structures other than Buildings M Specify: 2>eC k Fence / Dish / Pool / Seawall / Dock / Tanli m Tower / Roof Structure Specify: v 0 Construction Address al -le (_ � Owner PAL L J F I= /)i GEL N 0 s4g DE �i� l��L- Address a6o70 I✓✓5 z.,�N� RD a Section Township � e_ Range-6 Map/Area — City /D/HNA�IJS State Zip Block Lot/Phtcel _ u Unit T Tract — N Job Representative Rny General Location: 1 2 3 4 5 O 7 8 9 10 11 to Phone No. 813— Ll 3 — SY 33 3 0 GPIN ZONING oo M Improvement/ Construction 3300 — Subdivision L 4,- OF N f Rl Value of E WARNING - WORK IN RIGHT OF WAY a This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right -Of -'A or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler syster 's landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separl 0° permit for that purpose must be obtained from Project Review Services (643-8471). w c m 100 Footings _ 204 Final Plumbing _ 900 Marco Fire Dept. AP Receipt # E 103 Slab 300 ,Aechanical Rough NC 901 East Naples fire Dept 107 Tin Tab 3J3f/ Final Mechanical AIC = 902 North Naples Fire Dept. Date Amount Q 108 Framing_l//115 Final Building _ 903 Golden Gate Fire Dept. REVIEWED FOR CODE c _ 501 Electric Rough Ill Final Roof _ 904 Little Hickory- COMPLIANCE COUNTY DEPTS. o' E _ 502 Final Electric _ 400 Rough Gas Bonita Shore Init1ia\lDa�t(e- ,Fi 0 ZONING/BUILDING E/tfj — 203 Sewer Tap _ 401 Final Gas _ 905 Ochopee Fire Dept. Y Q 110 Tie Down _ 800 Right of Way _ 906 Immokalee V ENGINEERING E- 619 Pollution Control Storm Water Mgmt _t_22 _ 700 Pool Steel & Ground SpotSurvey -10 days 701 Final Pool 9 Notice of Commencement 200 Plumbing Rough _ 127 Elevation Certificate Owner Builder/ GY9 Contractor RL Address City P Signature Owner / Ider SS# NOTARY as to Contra r y commission xpires:... EC STATE OF nORIDA. AR PUBLI colbtmsgiiad S"IRESe Oct, 29, t�;5' PUBLIC Urdp�aF'f>6r'P,:r:;4, Sop nEp TMU NOTARY 907 Big Corkscrew I UTILITIES E— FIRE $� TOTAL PERMIT FEE S STATE -REGISTRATION NO. CARD NO. �55 State F Zip Code S z�0 Sep � 1Z� G40n S. $tepaniah Permit No. 3-�� 3 mission # CCID0404 Packet Pg. 87 3.B.f COLLIER COUNTY GOVERNMENT Community Development & Environmental Services Division Operations / Records Dept. 2800 Horseshoe Dr N Naples, Fl 34104 Phone (239) 403-2400 x 5578 Fax (239) 659-5747 www.colliergov.net 'CSR Services Requested o Copies (Description) ❑ Other (Description) a--R-eGOrAs c tWeval (::F:ile &Roll Plan �� -D 4' D [o / Z� Box # File &Roll Plan - Box # ; File &Roll Plan Box # ; Please be advised that there will be a seven to ten (7-10) business day retrieval period on all records/files from storage. Once the request record/file is delivered, you will be notified via telephone by the Record Services Department. If you do not come in to view the file within 10 business days .from notification, the record/file will be returned to the storage facility. Fµ .+..' .# .r4 Y.'. sly t:l: - .": .i};1: -d •• 'S. �r: :.�'a FOR OFFICE USE ONLY;° �•.� .' �A. ...r: :;a. ' :k�'; ..y'.. �.?,�: '. ;x.:: v `ki R-'.`,• • �, ..,fit � 3� D DDate FileOrdeYed:ICREPANCY w Date File Received'' Date Customer Called v :a. r! Date File Reviewed: 4. FO �j�"�� .r-, �+ •�� _ �1 ��' ..ten::'1': -:.r . F. •.••8y.. f.. SJ• �(, t,"'i3, J•: Y?f.�y>i.�. •`'�•.'r.�, d.'�'�� :k' �',j'•i„ .��:,•f •.n° i Yi'e ...V „4.. •+1 ,.� .t ': � S-'}�a,:.,, • � ••,�•�' y1.:P-i � '8 ' i .. • Date File toJbeJreturned After 10 'days no"imcation �"' 'L%t{r�{) ; Y•� r ° '' fie- '••a�u ti•1; „ -y, j' .j` -�.� � �'.' .' �;.: Packet Pg. 89 0 y 3 y 4) U) CD a M M m LO v O O O N N O N J a ti COLLIER. COUNTY GOVERNMENT Community Development & Environmental Services Division Operations / Records Dept. - 2800 Horseshoe Dr N Naples, Fl 34104 Phone (239) 403-2400 x 5578 :Fax (239) 659-5747 VV w.colliergov.net June 16, 2003 Please be advised that there will be a seven (7)-business day retrieval period on all records/files from storage. Deliveries are on Monday, Wednesday, and Friday. Once the request record/file is delivered, you will be notified via telephone by the Record Services Department. If you do not come in to view the file within 10 days from notification the record/file will be returned to storage. Date: 1� CSR Name: ' e" `VOa-n DATA FILE FLINN Phone #: 4 U-.7 VO 3 File &Roll Plan 7 d 7 3 Box # File &Roll Plan Box # File &Roll Plan Box # ; Remarks USE:.ONLY q� x.. 41 ••�� .:e r: it • ..0. 4Y,-- Date File"Orde'red: ". DISCREPANCY Date File Received:;; Date Customer Called. ��• 4 _: " t s ` K.: Date File Reviewed s FOLLOW up.,! 4 . .' .. �.. '.. .'. . _ '. •.. � :'f :.�� .".;3, '_,,�•. •.fig' : .�r.l:`� • s: ' _ ., ; Date File to be returned` After 10 daysnotification V'' , .t; �t ' '{"° Y , °*•` ;`,r < x 0 N 3 N N m $D c �a a. M M m v L0 v 0 0 0 N N 0 N J a. to Revised 05/17/04 .xLj; Packet Pg. 90 44 _fir _r -LA- L- T 4. +^ a R t t-t�'h-I-'.� +_+-- +._�+... ,�.ZC{!;II"C;:_� i r }-�, Y-� _''T'TTJ,�,(11) i .�, .. 0 `.Zp,d ,-+- _ �.._-_-. I'_.-_ i0 , r _ ,-:.�.,...1.-+-t--r�:1--.ram-r-" � � �-.�. ._..r;.� 7..f,'�a_1� '}'�•'.-3,��:"; +t-:+ _. _ <o — jI iI+ }L Ua' h_t » 3^ �� l s� �• } i- t �- , T - o f•r-- r - r '� r _.�T—' r f Fsc'3�i1—`-i_ +--�--j'-" }-+-+- a--:-•-f-+-i-t {-i-•r-M+r--+ �..� +---�-`--' -'`f Its �yT_ _ i!t 1 T 11 L. R 1 T T , # ' t I it �,-T -"•Tt + •r . - r Packet Pg. 92 3.B.f] ka CO) 0- LO 0. to O O in w bi Packet Pg. 93 3.B.g HEARING PACKAGE CHECKLIST A. Backup provided by the County Planner The agent is responsible for all required data included in the digital file of information for the Hearing Examiner (Hex) or the Collier County Planning Commission (CCPC). DO ACCEPT DUPLICATES OF ANY DOCUMENTS. MAKE SURE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. PLEASE CONFIRM THE DOCUMENTS ARE IN THE ORDER DESCRIBED IN "BACKUP PROVIDED BY APPLICANT." Planner responsible for providing the County Attorney -drafted Ordinance for PUDs and placing in backup materials. AGENTS DO NOT INCLUDE THE PUD DOCUMENT — STAFF PROVIDES THIS TO THE COUNTY ATTORNEY WHEN THE ORDINANCE IS DRAFTED FOR A PUD. THE FINAL PUD ORDINANCE/RESOLUTION IS THE FIRST ITEM AFTER THE STAFF REPORT. [FOR HEX, THE REQUESTED LANGUAGE/ PROPOSED PLAN IS THE FIRST ITEM AFTER THE STAFF REPORT] B. Backup provided by Applicant: PLEASE PROVIDE THE DOCUMENTS IN THE ORDER DESCRIBED BELOW. DO NOT PROVIDE DUPLICATES OF ANY DOCUMENTS. PROVIDE ONLY THE LATEST, ACCEPTED/APPROVED COPY OF THE BELOW DOCUMENTATION. IF THE BACKUP PROVIDED BY APPLICANT IS IN DISARRAY -MEANING IT IS NOT IN THE PROPER ORDER AND/OR THE APPLICANT PROVIDES MULTIPLE DUPLICATES -THE APPLICANT COULD LOSE ITS HEARING DATE. X Application, to include but not limited to the following: X Narrative of request a X Property Information X Property Ownership Disclosure Form X Any other documents required by the specific petition type; such as a variance, a boat Y dock extension; PUD amendment, rezone request, etc. m Disclosure of Property Ownership Interest (if there is additional documentation aside from disclosure form) Affidavit of Unified Control a a X Affidavit of Representation r X Drawings (may include Cross -Section (for BDEs generally), proposed Boat Dock(s) with Water depth, location maps etc.) R NIM Information (Sign in sheet, notes, minutes and transcript/or summary) Q r ✓ Include 3 thumbnail drives of video and/or audio m E Traffic Impact Study (TIS) w Environmental Data Q Historical/Archeological Survey or Waiver Utility Letter X Deviation Justifications Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\IobAides orHelp Guides Packet Pg. 94 3.B.g Boundary Survey X Other documents, as needed, on a case -by -case basis such as relevant prior Ordinances, Conditional Uses, historical documents, any "private or legal" agreements affecting the PUD etc. X Submerged Resource Surveys may be included here if required. flash drive with only one pdf file for all documents I understand that by submitting the above materials, it is the agent's/applicant's responsibility to ensure all materials are in the same order for flash drive must contain the documents in one pdf file. It is the agent's responsibility to ensure no documentation is left out. 9/8/2023 Signature of Agent Representative Nick Pearson Printed Name of Signing Agent Representative Date Revised5/18/2018 Provide to Agents G:\CDESPlanningServices\Current\Zoning Staff Information\lobAides orHelp Guides Packet Pg. 95 Co*eY Cau-Int y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Boat Dock Facility Extension OR Boathouse Establishment Petition Land Development Code Section 5.03.06 Chapter 3 B of the Administrative Code _THIS PETITION IS FOR (check one): �✓ DOCK EXTENSION ❑ BOATHOUSE PETITION NO: PL20220004574 PROJECT NAME: Russo - 33 Pelican St W (BD) DATE PROCESSED: APPLICANT INFORMATION Name of Property Owner(s): Joseph Russo Name of Applicant if different than owner: Address: 33 Pelican St. W Telephone: E-Mail Address: Name of Agent: Nick Pearson Firm: Turrell, Hall & Associates, Inc. 3.B.g City: Naples State: FL ZIP: 34113 Cell: Address: 3584 Exchange Ave. City: Naples State: FL ZIP: 34104 Telephone: 239-643-0166 Cell: E-Mail Address: Nick@THAnaples.com PROPERTY LOCATION Section/Township/Range: 32 / 51 S / 26 E Property I.D. Number: 52342920003 Subdivision: Isle of Capri Unit: 1 Lot: 78 Block: Address/ General Location of Subject Property: 33 Pelican St. W Current Zoning and Land use of Subject Property: Zoning: RSF-4 / Use: Single-family residential a Y R m Y) r c cu .Q a a u_ c E V R Q r c m E t w r Q 08/2022 Pa Packet Pg. 96 Co*er COunt y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ADJACENT ZONING AND LAND USE Zoning Land Use N S RSF-4 Single -Family Residential E RSF-4 Single -Family Residential W RSF-4 Single -Family Residential 3.B.g DESCRIPTION OF PROJECT Narrative description of project (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): See attached narrative. 1. Water Width: WA 2. Total Property Water Frontage: 77 3. Setbacks: Provided: 4 Required: 11 SITE INFORMATION ft. Measurement from: ❑ plat survey ft. other (specify) GIS software ft. ft. ft. 4. Total Protrusion of Proposed Facility into Water: 39 5. Number and Lengths of Vessels to Use Facitlity: 1. 12 ft. 2. 34 ft. ❑ visual estimate 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d. 17 ft. 7. List any additional dock facilities inclose proximity to the subject property and indicate the total protrusion into the waterway of each: The lot directly to the east at 31 Pelican St E has an existing legally nonconforming grandfathered dock with mooring for a single boat under a boathouse. This dock is approximately 850 square feet and protrudes roughly 30' from the commnll Thn Inf riirnn lw 4n fhn mncf hoc nnhr T of rinorion mntnrfrnnf onr4 cn rdnnc nnf hown o rinnlr nr hno# mnnrinn a 08/2022 Pa Packet Pg. 97 • Co er County 3 B g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 8. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant shall be responsible for erecting the required sign. What is the size of the petitioned property? 0.21 Acres 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property Yes No (If yes, please provide copies.) within the last year? ❑ PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. 1. Whether or not 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 N to and from the property. 3 (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, m additional slips may be appropriate.) c 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type, 'Q and draft as that described in the petitioner's application is unable to launch or moor at mean low tide Q (MILT). (The petitioner's application and survey should show that the water depth is too shallow to u_ allow launch and mooring of the vessel(s) described without an extension.) E 3. Whether or not 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 a charted navigable channel thus impeding vessel traffic in the channel.) E 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway, M r and whether or not a minimum of 50% of the waterway width between dock facilities on either side Q of the waterway is maintained for navigability. (The facility should maintain the required percentages.) 5. Whether or not 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.) 08/2022 Pa F. Packet Pg. 98 CU*Y COunt 3.B.g y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov SECONDARY CRITERIA 1. Whether or not 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 sea grass beds.) 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.) 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by the petitioner exceeds 50% of the subject property's linear waterfront footage.(The applicable maximum percentage should be maintained.) 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) I ASSOCIATIONS I Required: List all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: State: ZIP: City: State: ZIP: City: State: ZIP: a Y V M m Y) c M .Q a a U_ c a) E U ca a r c m E M r a 08/2022 Pa Packet Pg. 99 Co*er Count y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Pre -Application Meeting and Final Submittal Requirement Checklist for: �✓ Dock Extension ❑ Boathouse Chapter 3 B. of the Administrative Code 3.B.g The following Submittal Requirement Checklist is to be utilized during the Pre -Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted or processed. REQUIREMENTS FOR REVIEW REQUIRED NOT REQUIRED Completed Application (download current form from County website) ✓� Property Ownership Disclosure Form �✓ Affidavit of Authorization, signed and notarized Q Completed Addressing Checklist Site plan illustration with the following: • Lot dimensions; • Required setbacks for the dock facility; • Cross section showing relation to MHW/MLW and shoreline (bank, seawall, or rip -rap revetment); • Configuration, location, and dimensions of existing and proposed facility; • Water depth where proposed dock facility is to be located; • Distance of navigable channel; • Illustration of the contour of the property; and • Illustration of dock facility from both an aerial and side view. Signed and sealed survey ✓� ❑ Chart of site waterway ❑ ❑✓ ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. a Y V M m c .Q a a u_ c a) E U ca Q r c m E r a 08/2022 Pa ac et Pg. 100 Co*er CDu14t y 3.B.g Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Bayshore/Gateway Triangle Redevelopment: Executive Director ❑ Historical Review: ❑ Addressing: Parks and Recreation: ❑ City of Naples Planning Director ❑ School District (Residential Components): ❑ Conservancy of SWFL: ❑ Other: Emergency Management: Other: ❑ ❑ FEE REQUIREMENTS: �✓ Boat Dock Extension / Boathouse Petition fee: $1,500.00 �✓ Pre -Application Meeting fee $500.00 ❑� Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 ❑� If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) Fire Planning Review fee: $100.00 All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Nicholas Pearson Printed Name 3/14/23 Date 08/2022 Pa Packet Pg. 1 Co er County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ Bays ho re/G ateway Triangle Redevelopment: Executive Director ❑ Historical Review ❑ Addressing: Annis Moxam F1 Parks and Recreation: David Berra ❑ City of Naples: Robin Singer, Planning Director ElSchool District (Residential Components): AmyLockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Other: ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Other: FEE REQUIREMENTS: Me-4L71 N a F--4 — 5 y Boat Dock Extension Petition: $1,500.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,125.00 I�An additional fee for property owner notifications will be billed to the applicant prior to the Hearing Examiner hearing date. Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Signature of Petitioner or Agent 3/24/23 Date May 8, 2018 Page 6 of 6 Packet Pg. 102 3.B.g TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting 3584 Exchange Avenue • Naples, Florida 34104-3732 • 239-643-0166 • Fax (239) 643-6632 • tuna@thanaples.com 33 Pelican St. W - BDE Petition #PL20220004574 March 23, 2023 Narrative Description of Project Narrative description of project: (indicate extent of work, new dock, replacement, addition to existing facility, any other pertinent information): The property at 33 Pelican St. W, owned by Joseph Russo since May of 2021, was originally platted as a rectangular 60' x 115' lot. However, it has been slightly modified through addition of land to include the unplatted triangular portion of uplands to its north that lies between the platted boundary and the Mean High -Water Line. The true depth of the lot is therefore 115' on the east side and 161' on the west side. As a result of this addition, the parcel's waterfrontage consists of 77 linear feet of seawall shoreline, which includes an L-shaped docking facility with 1 boatlift and a canopy cover. The lot is located in the isle of Capri subdivision of Naples and currently contains a single-family residence as well. The waterway on which this property occurs is natural and state-owned, but was altered through dredge and fill activities that occurred with Isle -of -Capri s original development. The lot is zoned RSF-4, which is intended for development with single-family residences. The existing dock on site, as stated, is L-shaped with the access walkway being 4 feet in width and extending roughly 19 feet into the water from the MHWL/face of seawall. The dock itself consists of approximately 214 square feet of over -water structure. A canopy covers the area on the inside of the "L", where the boat lift is located, which brings the total overwater structure at the site to 555 square feet. The proposed dock consists of replacing the existing dock within its same footprint, except for the addition of a flair off the terminal platform which will aid the ingress and egress path to a proposed second boatlift. The proposed new overwater structure will amount to a total of 588 square feet. The new protrusion from the face of the seawall and MHWL will be 39 feet. This would allow for protrusion of 19' beyond the allowed 20' of protrusion for this location. This design will also require a side setback variance from both side lot lines. The typical side setbacks required for properties with over 60' of water frontage is 15'. The proposed dock itself will provide a 13' setback on its west side and 10' on its east side. The proposed vessel extends further into the side setbacks on both sides, providing an 11' setback on the west side and a 4' setback on the east side. The side setbacks proposed per this design will be addressed by a separate, companion variance petition. Due to the configuration of the riparian lines at this location, the shallow water depths, seagrasses, regulations protecting the Rookery Bay aquatic preserve, and the legally nonconforming neighboring dock to the east, the proposed design is essentially required if a second lift is to be installed at this location. Note that the riparian lines for this lot converge waterward of the seawall, constricting the buildable riparian area of the lot into a pie shape. The riparian setbacks constrict the buildable area of the lot's riparian area even further. Simultaneously, shallow water depths create a non -navigable C-shaped zone where the only ingress and egress path for a boat is from the east. The lot to the east also has a legally non -conforming grandfathered dock and boathouse which does not meet current side setbacks and which does not meet current state regulations for decking amount, which makes accessing the dock at the subject property even more difficult. Lastly, this area is protected by state regulations pertaining to the Rookery Bay aquatic preserve, which makes dredging in this area very difficult or not possible. Packet Pg. 103 3.B.g All structures proposed would be located entirely within the applicant's riparian area. The neighbor to the west has only 2 feet of riparian frontage. This can therefore be considered a non -buildable lot for the sake of a dock and so will not be affected with regards to navigability. The neighbor to the east has a dock, but the ingress egress path is from the north and so will not be affected. Views should not be majorly affected from any neighbor in any direction. That is, the use and slip number proposed is consistent with parcel's zoning allowances and surrounding properties. Additionally, this area has already been built out with numerous docks that exceed the typically allowed 20' of protrusion and so the project is not out of the ordinary for the subdivision or the waterway. There are seagrasses growing nearby the project site. However, they will not be affected by the project as proposed, and so resource impacts can be avoided by the project. We believe that this BIDE would therefore allow the property owner to make reasonable use of the waterway and docking facility for mooring and other water -based recreational activities while also maintaining the ability to safely ingress and egress with the applicant's vessels. Packet Pg. 104 Collier County Property Appraiser Property Summary Parcel No 52342920003 Site Address*Disclaimer 33 PELICAN ST W Site City NAPLES Site Zone *Note 34113 Land Value $ 8! (+) Improved Value $ 4( (_) Market Value $ 1,3! (_) Assessed Value $ 1,3! (-) Homestead $ S (_) School Taxable Value $ 1,3, (-) Additional Homestead $; (_) Taxable Value $ 1,3( RUSSO,JOSEPH 33 W PELICAN ST City I NAPLES I State I FL I Zip 134113 F-Map No. Strap No. Section Township Range Acres *Estimated 61332 426400 7861332 32 51 26 0.21 N rn Legal ISLES OF CAPRI NO 1 LOT 78 AND ALL THAT LAND LYING N OF LOT 78 TO THE MHTL (1.50- MSL) IN GL9 SEC 32 TV W RNG 26 to m Milla a Area i 91 Milla a Rates o *Calculations ?� Sub./Condo 426400 - ISLES OF CAPRI UNIT 1 School Other Total m Use Code i 1 - SINGLE FAMILY RESIDENTIAL 4.459 6.5042 10.963 L r Cn Latest Sales History 2022 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change Date Book -Page Amount 05/19/21 5953-1 $ 1,450,000 10/19/15 5208-1495 5157-611 $ 875,000 05/12/15 $ 0 02/01/13 4894-2119 $ 0 01/09/04 3481-2179 $ 0 06/06/91 1622-524 $ 0 03/01/89 1425-133 $ 60,000 06/01/84 1083-862 $ 32,000 v = i2 is. !9 CV) 11 p 11 m 10 ti 11 10 c 11 07/01/77 697-968 $ 0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll G N N O N J IL T N N 4 C M V SZ Q LL C E t t) r r+ Q C d I= t t) Q Packet Pg. 105 Parcel No 52342920003 Collier County Property Appraiser Property Detail Site Address 33 PELICAN ST W *Disclaimer 3.B.g Site City I NAPLES Site Zone *Note 34113 RUSSO,JOSEPH 33 W PELICAN ST City I NAPLES I State I FL I Zip 134113 Permits (Provided for reference purposes only. *Full Disclaimer. ) Tax Yr Issuer Permit # CO Date Tmp CO Final Bldg Type 0 COUNTY PRBD20151134785 08/29/16 ROOF 1992 COUNTY 90-8403 SEA WALL 1993 COUNTY 93-3291 11/05/93 RESIDENCE 1993 COUNTY 93-6673 DOCK 1993 COUNTY 93-7314 11/05/93 SCREEN ENCLOSURE 1993 COUNTY 93-7687 10/29/93 2003 COUNTY 0209-0772 DOCK 2005 COUNTY 0503-1725 03/22/05 2006 COUNTY 0511-2475 RE -APPLY 2017 COUNTY PRBD20160307517 08/22/16 DOCK 2017 COUNTY PRBD20160831069 10/20/16 2018 COUNTY PRBD20160725471 04/07/17 _ OTHER 2019 COUNTY PRBD20180210499 20201 COUNTY PRBD20190102824 1 02/28/19 02/27/19 NO PICKUP 20221 COUNTY I PRBD20211151171 I DOCK, NO PICKUP, OTHER Land # Calc Code Units 1101 SQUARE FOOT 1 9147.6 Building/Extra Features # Built Description Area 10 1993 RESIDENTIAL 1696 20 1993 SWIMMING POOL 196 30 1993 CONCRETE 832 40 2016 PVC D 182 50 1976 SEAWALL 60 d a M M m ti LO v 0 0 o J N N O N J a T T ti to N Packet Pg. 106 3.B.g Cottier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: 7 Name and Address % of Ownership Joseph Russo - 33 Pelican St. W 100 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 Packet Pg. 107 Cottier County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: e f f. Name and Address I % of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the 'I I IL.CI J, a L U L.RI IUIUIn J, UCI ICI luau ICJ, UI f CII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Date subject property acquired ❑ Leased: Term of lease Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 108 Cottier County 3.B.g COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Nick Pearson Agent/Owner Name (please print) Created 9/28/2017 3/14/23 Date Page 3 of 3 Packet Pg. 109 INSTR 6065314 OR 5953 PG 1 RECORDED 5/25/2021 8:39 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $10,150.00 REC $18.50 CONS $1,450,000.00 3.B.g This Document Prepared By: Robert Rogers, Atty at Law 1415 Panther Lane, #360 Naples FL 34109 Return to: - Parcel ID Number: 52342 Actual consideration paid is S Warranty This Indenture, Made this 20t�1 day of May 2021 David M. Mikula and Laura✓Mikula, husband and wife of the County of Collier ,�\ , State of Florida Joseph Russo whose address is: 33 Pelican Street W, Naples; `] of the County of Collier Witnesseth that the GRANTORS, for and in conside TEN DOLLARS ($10) and other good and valuable consideration to GRAN acknowledged, have granted, bargained and sold to th forever, the following described land, situate, lying and State of Florida to wit: 34113 -ate of Florida on of the sum of hand paid by GRANTEE, NTEE and GRANTEE'S ie,County of Collier Lot 78, ISLES OF CAPRI NO. 1, according to th Book 3, Page 41, Public Records of Collier Count North of said Lot 78, to the mean high tide line (1 Section 32, Township 51 South, Range 26 East, C TOGETHER with all tenements, hereditaments and appurtel anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever; A.D., Between , grantors, and , grantee. the receipt whereof is hereby heirs, successors and assigns plat thereof as recorded in Plat It; together with that land lying � n Government Lot 9 in 40ty, Florida belonging or in Subject to (a) ad valorem and non ad valorem real property taxes for tfi4e of closing and subsequent years; (b) zoning, building code and other use restrictions irpp6s by governmental authority; (c) outstanding oil, gas and mineral interests of record, if any; and (dyrestrictions, reservations and easements common to the subdivision. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Laser Generated by ®Display Systems, Inc. 2021 (863) 763-5555 netForm FLWD-1 Packet Pg. 110 *** OR 5953 PG 2 *** 3.B.g Warranty Deed -Page 2 Parcel ID Number: 52342920003 In Witness WhO, grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and �dfver d in our presence: (Seal) Printed Name: �� Q q �(r'�, David . Mikp Witness as to BOt • V P.O. Add! s: 85 Dolphin it e, Naples, FL 34113 (Seal) rioted N . �' yhi� ura Mik�l Witness as to Both y .O. Address: 85 Dolphin Circle, Naples, FL 34113 State of Florida' County of Collier The foregoing instrument was ackno ledged 6e� z by means of Wl physical presence or ❑ online notarization, this / G� day of 2021 f b3 "rid M. Mikula and Laura Mikula who are personally known to me or who have produced th a� 1d tifi tion . rint�ame: �,W N Notary Public State of Flonda No Public Wendy M Humphrey y • My Commission GG 959959 My Cocnrmxsigh f h„o Expires 02119/2024 „," l , russMIKU Laser Generated by ©Display Systems, Inc. 2021 (863) 763-5555 netForm FLWD-1 Packet Pg. 111 3.B.g AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220004574 (print name), as (title, if applicable) of (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaserrIand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. Well authorize Tuneu, Hall & Associates, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L. C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I de are tnat I have read the foregoing Affidavit of Authorization and that the fsn+sq- sited in it are true, 7 ignature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of 61/physical presence or [3 online notarization this day of MQX n 20_2 ,.by (printed name of owner or qualifier) ,. m 5es�Vl ej!� pep Suc) person(s) Notary Public must check applicable box: dAre personally known to me ® Has produced a current drivers license Has produced as wentirication. Notary Signature: CP108-COA-001151155 REV 3/4/2020 ,1PJORDAN LEE RICE ti ANotsfy Public -,State of Florida �+= Commission #1 GG 947550 My Commission Expires January 16, 2024 Packet Pg. 112 3.B.g PRIMARY CRITERIA The following criteria, pursuant to LDC section 5.03.06, shall be used as a guide by staff in determining its recommendation to the Office of the Hearing Examiner. The Hearing Examiner will utilize the following criteria as a guide in the decision to approve or deny a particular Dock Extension request. In order for the Hearing Examiner to approve the request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, must be met. On separate sheets, please provide a narrative response to the listed criteria and/or questions. Whether or not 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 subject property is zoned for a single-family residential unit which warrants no more than 2 slips per the CC-LDC. The proposed project consists of single dock with 2 boat lifts. This criteria is therefore met. 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general CN length, type, and draft as that described in the petitioner's application is unable to launch a or moor at mean low tide (MLT). (The petitioner's application and survey should show that the water depth is too shallow to allow launch and mooring of the vessel (s) described to without an extension.) As it stands, the proposed vessel (34' LOA) will likely have issues getting on and off its lift at low tide as there will only be approximately 1.7' to 2.0' of water depth available at the average low tide. However, the water depths at the site are such that the proposed configuration is the optimal design available for ingress, egress, and storage on a lift of the proposed vessel. Any other lift configuration within the applicant's riparian area poses even greater issues with water depths. The applicant acknowledges and understands this difficulty. This criteria is therefore met. 3. Whether or not 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.) 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 the criteria is met. 4. Whether or not 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 Page 1 of 2 Packet Pg. 113 3.B.g dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages.) Measuring the waterway width at this site is somewhat problematic due to the fact that both the subject property and the shore opposite the subject property both undulate substantially, meaning that the waterway width fluctuates depending on where the measurements is taken from and to. The survey provided describes the waterway width as 1,120 feet wide. Although this measurement is not specifically depicted on the survey, our interpretation is that this is a literal measurement taken at a right angle from the largest segment of seawall at the subject property to a point on the opposite shore. If a perfect 90 degree angle is not utilized, and instead we consider only the nearest point of shore opposite the property (regardless of angle of measurement) then the waterway width could be described as approximately 682 feet. For the sake of a conservative measurement, we have elected to use the smaller of the two waterway widths (682') to address this criteria, though both can be seen depicted on exhibit sheet 09 of 09. The proposed dock facility will protrude a maximum of 39' from the face of the seawall or Mean -High -Water line, which also corresponds with the property line and the most restrictive point from which protrusion is measured. The proposed 39' would comprise approximately 6% of the 682' of waterway width. Between the end of the proposed dock and the docks on the opposite side of the waterway is approximately 599' of open water, which equates to approximately 88% of the waterway being left for navigability. This criteria is therefore met. 5. Whether or not 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 docking facility to the east is oriented so that ingress/egress occurs from the North (away from the subject property). This property should therefore not be affected by the project at all in terms of navigability. The property to the west has only about 2 feet of riparian water frontage available and so is essentially non -buildable for the purposes of dock construction. Therefore, we believe that no neighboring dock facilities nor public navigation will be affected by the proposed structures, and this criteria is therefore met. Page 2 of 2 Packet Pg. 114 3.B.g SECONDARY CRITERIA l . Whether or not 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.) This property has several unique characteristics aside from water depths that make dock construction design at this site difficult, and which essentially require the proposed configuration. The configuration of neighboring lot and riparian lines and the accompanying riparian setbacks at this site create a pie shaped riparian area, severely limiting buildable space for a dock and boat lifts. The pie shaped buildable area would seem to be best utilized with a north -south ingress and egress path. However, water depths to the north will not allow travel by boat in this direction even at higher tides. The area to the north is also covered in seagrasses, and so use of a northern ingress/egress path would not be feasible without damaging the grasses or running aground. An east -west navigation path is a more favorable path of navigation for the sake of water depths and lack of seagrasses. The neighboring dock to the east, however, somewhat blocks this path. This dock is legally non -conforming with regards to state aquatic preserve restrictions (amount of decking) and county codes (side setbacks and protrusion). Rebuilding this dock differently in any way would mean bringing it into compliance with current codes. This would likely not be favorable and so it can be assumed that this dock will remain as -is for the foreseeable future. Any dock at the subject property should accordingly be designed so that navigation occurs around it. The proposed dock configuration appears to be the only functioning design in spite of the above -listed difficulties. And so, this criteria is therefore met. 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 proposed facility will utilize only about 243 square feet of decking. With the canopy over the existing boatlift, total over water structure will amount to approximately 588 square feet, which is still substantially smaller than many of the surrounding docks that also exceed the 20' protrusion limit. The dock has already been authorized by the state (DEP) and federal government agencies (USACE). Therefore, we believe the decking proposed is not excessive and that this criteria is met. Packet Pg. 115 3.B.g 3. For single-family dock facilities, whether or not 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 length of vessels proposed (34' and 121) together do exceed 50% of the property's 77' of shoreline. This criteria is therefore not met. 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of either property owner.) The proposed dock re -configuration will be located in a corner of the waterway and is already surrounded by legally non -conforming docks on both sides. The use of the dock for private, single-family recreational purposes is not changing. Therefore, our opinion that any change in views caused by the project will not be major. This criteria is therefore met. 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with LDC subsection 5.03.06 J must be demonstrated.) There are seagrass beds present within 200' of the property. Specifically, the grasses form what appears to be a continuous bed that traverses the northern portion of the riparian area of the subject property. These grasses are found to the north of the proposed structures and so will not be affected by shading (regardless of time -of -day) or in -water structures associated with the proposed project. The proposed structures will be located (with the exception of 2 lift piles) entirely at a greater distance from the grasses than the required 10' buffer space per Chapter 5.03.063 J of Collier County's L.D.C. The 2 lift piles inside this buffer will be located no closer than 3' from the seagrasses. The remainder of the dock will also comply with the other requirements of Chapter 5.03.063 J, which includes limiting the terminal platform to no more than 160 square feet, limiting the access walkways to 4' in width, and elevating the dock to at least 2.2' NAVD. The dock as proposed has already been authorized by the DEP and the U.S. Army Corps of Engineers and complies with restrictions associated with Rookery Bay Aquatic Preserve and Chapter 5.03.063 J of Collier County's L.D.C. This criteria is therefore met. 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection 5.03.06 E.11. (If applicable, compliance with subsection 5.03.06.E.11 must be demonstrated.) Section 5.03.06 of Collier County's Land Development Code (LDC) stipulates that "multi -slip docking facilities with 10 or more slips will be reviewed for consistency Packet Pg. 116 3.B.g with the Manatee Protection plan (MPP)". The proposed project is for a private, recreational 2-slip dock associated with a single-family dock facility in isles of capri. The proposed facility does not have more than 10 slips and so would not have to be subject to review for consistency with Collier County's MPP. This criteria is therefore not -applicable per county staff s usual interpretation of code. Packet Pg. 117 3.B.g JOSEPHRUSSO 33 PELICAN STREET WEST NAPLES, FL 34113 SUBMERGED RESOURCE SURVEY REPORT SEPTEMBER 2022 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC. Marine & Environmental Consulting PHONE:239-643-0166 WWW.THANAPLES.COM Packet Pg. 118 1 3.B.g Table of Contents 1 Introduction.......................................................................................................................................1 2 Objective.............................................................................................................................................2 3 Methodology......................................................................................................................................3 4 Results................................................................................................................................................. 4 5 Photos.................................................................................................................................................. 5 6 Conclusion..........................................................................................................................................6 a Y V m m N C m V .Q Q a LL E a r E a Packet Pg. 119 1 3.B.g 33 Pelican Street W. Submerged Resource Survey September 2022 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) staff has conducted a Submerged Resource Survey (SRS) at a property addressed as 33 Pelican Street West in Naples, FL 34113. The site is located within Section 32, Township 51 South, Range 26 East in Collier County. The subject property is approximately 0.21 acres in size and can be found within the Isles of Capri subdivision of Naples along Big Marco Pass, which connects to the Gulf of Mexico. The project site's shoreline consists of 76 linear feet of seawall with a small L-shaped dock and canopy -covered boat lift. The SRS was conducted on September 12, 2022 between 12:30. and 1:30 pm. Site conditions consisted of mostly sunny skies with a slight breeze. Water clarity was adequate and allowed approximately 18-24 inches of visibility. The ambient air temperature was approximately 89 degrees Fahrenheit and wind speeds averaged 0 - 5 miles per hour from the east. The average ambient water temperature was approximately 86 degrees Fahrenheit. Low tide was achieved prior to the site visit at approximately 9:29 am, reaching approximately 0.70 feet above the Mean Low Water Mark. High tide occurred after the site visit at approximately 3:23 pm and reached approximately 3.1 feet above the Mean Low Water Mark. Packet Pg. 120 1 33 Pelican Street W. 3.B.g Submerged Resource Survey September 2022 2 OBJECTIVE The objective of the SRS was to identify and locate any existing submerged resources within 200 feet of the proposed docking facility expansion. Ordinarily, if seagrasses are present within the vicinity of a project area, an analysis will be required regarding species, percent coverage, and impacts projected by the proposed project. The presence of seagrasses may be ample cause for re- configuration of the design for projects over surface waters in order to minimize impacts. The general scope of work performed during a typical submerged resource survey is summarized below: • THA personnel will conduct a site visit and swim a series of transects within the project site in order to verify the location of any submerged resources • THA personnel will identify submerged resources within the vicinity of the site and either account for each resource or produce an estimate of the percent coverage of any resources observed. • THA personnel will delineate the approximate limits of any submerged resources observed via a handheld GPS device. • All findings of the SRS are then documented into a formal report with exhibits. 2 T r N Packet Pg. 121 1 3.B.g 33 Pelican Street W. Submerged Resource Survey September 2022 3 Mon OGY THA biologists intentionally designed the methodology of the SRS to cover not only the entire property shoreline and footprint for the proposed dock installation but also the adjacent areas within 200 ft. of the proposed project. The components utilized for this survey included: • Reviewing aerial photography of the surveyed area. • Establishing survey transect lines (spaced approximately 10 feet apart) overlaid onto aerials. (See attached Exhibits) • Physically swimming the transects, GPS locating the limits of any submerged resources found, and determining the percent coverage within the area. • Accounting for each individual resource or determining the percent coverage of the respective resource species. • Documenting and photographing all findings The surveyed area was evaluated systematically by following the established transect lines throughout the project site as shown on the attached exhibit. Neighboring properties, docking facilities, and other landmarks provided reference markers which assisted in maintaining correct positioning over each transect. During this SRS, one THA staff member swam the transect lines using snorkel equipment while a second remained on a boat taking notes and compiling findings on an aerial of the project site. Ordinarily, if any resources are found, they are photographed, GPS located, delineated, and analyzed for percent coverage within the area via a half meter square quadrat. M Packet Pg. 122 1 3.B.g 33 Pelican Street W. Submerged Resource Survey September 2022 4 RESULTS The SRS was conducted on September 12, 2022, starting at 12:30 and ending at 1:30 pm. The following table (Table 1) depicts physical conditions at the date and time of the survey. Table 1: Physical Conditions of Site Visit Survey Date September 12, 2022 Survey Time 12:30 p.m. to 1:30 p.m. Tide Full -moon low tide 9:29 am (+0.7) Full -moon high tide 3:23 pm +3.1 Ambient Conditions - 89°F and mostly sunny - wind calm - water temperature —86 OF Visibility 18-24 inches Survey Depths —2.5-5.5 feet Substrate Sandy mud, fine shell debris, mangrove leaf litter Resources Shoal grass throughout the survey area The project shoreline is comprised of a concrete seawall with wooden pilings, a dock, and covered N boat lift. The substrate throughout the majority of the surveyed area consists of sandy mud with N shell debris and mangrove leaf litter. Shoal grass was observed in intermittent patches between a 5% and 15% coverage throughout a portion of the survey area. Barnacles were observed on some r of the pilings and on mangroves found on the shorelines of neighboring properties. A list of species observed during the survey can be seen below in Table 2. `= Table 2: Observed Marine Species Common Name Scientific Name Shoal grass Halodule wrightii Red mangrove Rhizophora mangle White man rove Laguncularia racemosa Green feather algae Caulerpa spp. Barnacle Balanus spp. Eastern oyster Crassostrea virginica Bottlenose dolphin Tursiops truncatus Flathead grey mullet Mugil cephalus 4 Packet Pg. 123 1 3.B.g 33 Pelican Street W. 5 PHOTOS Photo 1: Sandy mud and shell substrate present within the survey area Photo 3: Additional view of shoal grass observed. 5 Submerged Resource Survey September 2022 Photo 2: Typical view of shoal grass (Halodule wrightii) observed within the survey area. Photo 4: Sparse Shoal grass and shell debris observed within survey area Packet Pg. 124 1 33 Pelican Street W. 3.B.g Submerged Resource Survey September 2022 6 CONCLUSION The Submerged Resource Survey was conducted via snorkel within and around 200-feet of the proposed project site. During the inspection occasional patches of shoal grass (Halodule wrightii) were noted throughout the survey area varying in percent coverage. All grasses occurred outside of the proposed project area. Therefore, impacts to seagrasses are not expected as a result of the proposed dock project. reel Packet Pg. 125 1 3.B.h John Kelly From: John Kelly Sent: Tuesday, September 26, 2023 3:57 PM To: John Kelly Subject: VA-PL20230007656 and BD-PL20220004574, 33 Pelican Street West - Public Hearing Sign Posting Attachments: Photo 1.jpg; Photo 2 jpg I, John Kelly, personally posted a Public Hearing sign to the front of 33 Pelican Steet West, at approximately 2:50 PM this date, as evidenced by the attached photographs. The notice is for the Hearing Examiner's meeting of October 12, 2023. Respectfully, John YeCCy Planner III Zoning Division - Zoning Services Section Growth Management Community Development Department 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.5719 Fax: 239.252.6363 Email: John.Kelly@colliercountvfl.ciov Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning Co ier County Growth Management Community Development Department }' rn Zoning Division 0 a c aM in Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 126 3.B.h _- W N s c PUBLIC HEARING FOR " VARIANCE Petition No. PL20230007656 ` AND � BOAT DOCK EXTENSION _ •- To Allow a 39-foot Protrusion , Petition No. PL20220004574 ' HEX: Oi-tober 112, 2023t, cl f 9 A.M. Growth Management Building 2800 North Horseshoe Drive, 609/'610 John Kelly, Planner III: (239) 252-5719