HEX Final Decision 2024-18HEX NO. 2024-18
HEARING EXAMINER DECISION
DATE OF HEARING.
March 149 2024
PETITION.
Petition No. BLCD-PL20230010282 —Request for a Boat Lift Canopy Deviation to increase
the allowable length from 35 feet to 49 feet and to increase the allowable height from 12 feet
to 15 feet, for a boat lift canopy measuring 49 feet long by 17 feet wide and 15 feet in height,
in addition to a second code -compliant boat lift canopy measuring 11 feet long by 13 feet
wide and 12 feet in height on a bay -front lot, pursuant to section 5.03.06.G.3 of the Land
Development Code (LDC). The subject property is located at 219 Malibu Cove, further
described as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25
East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a Boat Lift Canopy Deviation (BLCD) to increase the allowable length
From 35 feet to 49 feet and to increase the allowable height from 12 feet to 15 feet for a boat lift
canopy measuring 49 feet long by 17 feet wide and 15 feet in height, in addition to a second code
compliant boat lift canopy measuring 11 feet long by 13 feet wide and 12 feet in height on a
bayfront lot.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the
Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in -person in accordance with
Emergency/Executive Order 2020-04.
4. The 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.
Page 1 of 5
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
deviation from the listed boat lift canopy standards in the Land Development Code, Section
5.03.06.G.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 r°ecord evidence and testimony fr°om the public hearing �°eflects that this criterion
HAS BEEN MET. The canopy design shows that the extension width shall not be
more than 27 inches. The second canopy is code compliant.
b. The length of the boat lift canopy shall not exceed 35 feet.
The r°ecor°d evidence crud testimony fronathe pzrblic hearing reflects that this criterion
HAS NOT BEEN MET. The request and canopy design illustrate a length of 49 feet.
However, it should be noted that this canopy is to cover a dock and lift that received a
HEX variance and extension which the canopy is sized for. The second canopy is code
compliant.
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 recor°d evidence crud testimony fi°omthe public hecrr•ing reflects that this criterion
HAS NOT BEEN MET. The request and canopy design illzrstr ate a canopy height of
I S feet. Hmi)ever•, it should be noted that this canopy is to cover a dock and lift that
received a HEX variance and extension which the canopy is sized for•. The second
canopy is code compliant.
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 fi°om the public hearing reflects that this criterion
HAS BEEN MET. The request and canopy design illustrate that the canopy shall be
open on all sides. The second canopy is code compliant.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
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 trite,°ion.
HAS BEEN MET. The canopy shall comply with the Florida Building Code. The
second canopy is code compliant.
f. Canopy cover material shall be limited to beige or mid -range shades of blue or green.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET The canopy material shall be limited to beige or midrange shades
of blue or green.
g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
The reco,°d evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET There is neither a boathouse nor a covered structure at the site.
2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site.
The record evidence and testimony from the public hearing reflects that this criterion HAS
BEEN MET. The subject property is located on a bay not a canal. In this case, the
applicant desires to construct two beige boat lift canopies over a la14 filly permitted dock
facility on a bay -front property where there is no boathouse or other covered structures.
Canopy I requires a BLCD as it exceeds the allowable 35 foot length and 12 foot height;
the proposed canopy measures 49 feet long, 17 feet 1•>>ide, and 1 S feet in height. The second
canopy complies 1-nith the required dimensional standards; it 14411 measure II feet long, 13
feet }vide, and 12 feet in height.
ENVIRONMENTAL EVALUATION.
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The proposed boat canopy deviation request does not have any impact on sensitive
resources. A submerged resources survey provided by the applicant found no submerged resources
in the area 200 feet beyond the proposed docking facility.
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 2A 193 of the Collier County Code of Laws and
Ordinances.
Page 3 of 5
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 6 of 7 criteria as set
forth in Section 5.03.06.G.1., and the criteria as set forth in Section 5.03.06.G.2.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BLCD-PL20230010282, filed by
Jeff Rogers of Turrell, Hall & Associates, Inc. representing Ellen and Michael Fasching, with
respect to the property described as the subject parcel located at 219 Malibu Cove, also known as
Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48 South, Range 25 East. Collier
County, Florida, for the following:
• The petitioner requests a Boat Lift Canopy Deviation (BLCD) to increase the allowable
length from 35 feet to 49 feet and to increase the allowable height from 12 feet to 15 feet
for a boat lift canopy measuring 49 feet long by 17 feet wide and 15 feet in height, in
addition to a second code compliant boat lift canopy measuring 11 feet long by 13 feet
wide and 12 feet in height on a bayfront lot pursuant to section 5.03.06.G.3 of the Land
Development Code (LDC).
Said changes are fully described in the Zoning Map attached as Exhibit "A", Site Plan attached as
Exhibit "B", and Canopy Details attached as Exhibit "C".
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B —Site Plan
Exhibit C — Canopy Details
LEGAL DESCRIPTION.
219 Malibu Cove, also known as Lot 19, Southport on the Bay Unit 1, in Section 6, Township 48
South, Range 25 East. Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The boat lift canopies are to be removed upon issuance of an official hurricane warning
affecting the location of the boat lift canopy.
Page 4 of 5
3. A Certificate of Completion must be obtained for the dock facility, Building Permit No.
PRBD20220101094, before the issuance of a Certificate of Completion for the boat lift
canopies.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
may 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.
Apri19, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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