HEX Final Decision 2024-07HEX NO. 2024-07
HEARING EXAMINER DECISION
DATE OF HEARING.
January 11, 2024
PETITION.
Petition No. BLCD-PL20230011315 — 403 Capri Boulevard -Request for a Boat Lift Canopy
Deviation from secti Don 5.03.06.G.2 of the Land Development Code to allow a second boat lift
canopy, measuring 13 feet by 12.4 feet for a lot with frontage on a canal pursuant to section
5.03.06.G.3 of the LDC. The subject property is located at 403 Capri Boulevard, also known
as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51 South, Range 26 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner seeks to add a second boat lift canopy, measuring 13 feet by 12.4 feet, for a lot with
frontage on a canal.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County of Ordinances, Sec. 8.10.00 of the an Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing for this item.
5. The County's Land Development Section 5.03.06.G. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a
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deviation from the listed boat lift canopy standards in the Land Development Code, Section
5.03.06eG*I
Standards for boat lift canopies in Section 5.03.06.G:
1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally
permitted, by the requisite local, state, and federal agencies if the following criteria are
met.
a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift
on each side.
The reco�°d evidence and testimony f •om the public hearing reflects that this criterion
HAS BEEN MET.
b. The length of the boat lift canopy shall not exceed 35 feet.
The recoJd evidence and testimony f'om the pzrblic heap°ing reflects that this crite�°ion
HAS BEEN MET.
c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest
point of the canopy to the height of the dock walkway.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET.
d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain,
not to exceed 18 inches shall be permitted on the sides.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET.
e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida
Building Code.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET.
£ Canopy cover material shall be limited to beige or mid -range shades of blue or green.
The record evidence and testimony fi°om the public hearing reflects that this criterion
HAS BEEN MET.
g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered sh•ucture.
1 The Hearing Examiner's findings are italicized.
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The record evidence and testimony Jrom the public hearing reflects that this criterion
HAS BEEN MET.
2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site.
The record evidence and testimony from the public hearing reflects that this criterion HAS
NOT BEENMET. In this case, the applicant desires to construct a second boat lift canopy
measuring 12.4 feet in width that will not extend beyond the width of the boat lift and 13
feet in length. The boat lift canopy will be 12 feet in height, will have open sides with no
curtains, and vidll be jade in color. Said boat lift canopy will be constructed over a lau filly
permitted dock, Building Permit No. PRBD20190834375. As this property is on a canal
lot, the second canopy requires implementation of the Boat Dock Canopy Deviation.
During the review of this project, it was determined that the first canopy encroaches into
the northern side/riparian setback. The applicant's agent has agreed to correct the location
of the first canopy, which will bring the entire dockfacility into compliance at the time the
second canopy is constructed and before obtaining a Certificate of Completion.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the standards set forth in Section 5.03.06.G
of the Land Development Code to approve the Petition. The Petition meets all criteria as set forth
in Section 5.03.06.G.1. The Petition does not meet the criteria as set forth in Section 5.03.06.G.2.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BLCD-PL20230011315, filed by
Francine Holt of Waterway Boat Lift Covers representing Dorothea A. Kelsey and Donald J.
Sheehan, with respect to the property described as the subject parcel located at 403 Capri
Boulevard, and legally described as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51
South, Range 26 East. Collier County, Florida, for the following:
• The petitioner requests a Boat Lift Canopy Deviation from Land Development Code (LDC)
Section 5.03.06.G.2 to allow a second boat lift canopy, measuring 13 feet by 12.4 feet, for
a lot with frontage on a canal.
Said changes are fully described in the Canopy Detail attached as Exhibit "A"
ATTACHMENTS.
Exhibit A —Canopy Detail
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LEGAL DESCRIPTION.
403 Capri Boulevard, also known as Lot 594, Isles of Capri, No. 3, in Section 32, Township 51
South, Range 26 East. Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The boat lift canopy is to be removed upon issuance of an official hurricane warning
affecting the location of the boat lift canopy.
3. A Building Permit shall be obtained for the placement of the subject boat lift canopy and,
if required by the Building Department, for the revisions to the first canopy to reduce its
overall length.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
January 31, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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