HEX Final Decision 2024-31HEX NO. 2024-31
HEARING EXAMINER DECISION
DATE OF HEARING.
June 13, 2024
PETITION.
Petition No. BD-PL20230008897 —148 Seabreeze Avenue - Request to allow the construction
A a boathouse to be located upon a lawfully permitted boat dock for which the roof overhang
will extend 3 feet beyond the maximum permitted protrusion of 20 feet for boat dock facilities
on waterways 100 feet or greater in width pursuant to Section 5.03.06.F of the Land
Development Code. The subject property is located at 148 Seabreeze Avenue, also known as
Lot 21, Block D, Conner's Vanderbilt Beach Estates Unit No. 1, in Section 29, Township 48
South, Range 25 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests to allow the construction of a 24-foot by 50-foot boathouse which will be
located upon a lawfully permitted boat dock, for which the roof overhang will extend three feet
beyond the maximum permitted protrusion of 20 feet for boat dock facilities on waterways 100
feet or greater in width.
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 public hearing was conducted in the following manner: 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 to this
item at the public hearing.
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5. In accordance with LOU Section 5.03.06.F., the Collier County Hearing Examiner shall
approve, approve with conditions, or deny a Boathouse request based on certain criteria.
Boathouses, including any roofed structure built on a dock, shall be reviewed by the Hearing
Examiner according to the following criteria, all of which must be met in order for the Hearing
Examiner to approve the request.'
Criteria:
1. Minimum side setback requirement: Fifteen Feet.
The record evidence and testimony fi°om the public hearing reflects that the criterion has
been met. As per the submitted site plan, the boathouse will provide a I5 foot side
yard1riparian setback on both the east and west sides.
2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet,
whichever is less. The roof alone may overhang no more than 3 feet into the waterway
beyond the maximum protrusion and/or side setbacks.
The reco�°d evidence and testimony from the public hearing reflects that the criterion has
been met. The dock facility) has a maximum protrusion of 20 feet, and the 3- foot roof
overhang is allowable pursuant to LDC Section S. 03. 06. E 2; therefore, the boathouse when
constructed will protrude a total of 23 feet into the waterway.
3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever
is more restrictive, to the peak or highest elevation of the roof.
The record evidence and testimony fi°om the public hearing reflects that the criterion h�zs
been met. The proposed height is I S feet above the seawall.
4. Maximum number of boathouses ar• covered structures per site: One.
The record evidence and testimony from the public hearing reflects that the criterion has
been met. Only one boathouse is to be built on this property.
5. All boathouses and covered structures shall be completely open on all four sides.
The record evidence and testimony from the public hearing reflects that the criterion Izas
been met. The boathouse ���ill be open on all four• sides.
6. Roofing material and roof color shall be the same as materials and colors used on the
principal structure or may be of a palm frond "chickee" style. Asingle-family dwelling
unit must be constructed on the subject lot prior to, or simultaneously with, the construction
of any boathouse or covered dock structure.
1 The Hearing Examiner's findings are italicized.
Page 2 of 4
The record evidence and testimony from the public hearing reflects that the criterion has
been met. The roofing material and color of the proposed boathouse tivill match that of the
existing single family residence serving as the principal structure at this location.
7. The boathouse or covered structure must be so located as to minimize the impact on the
view of the adjacent neighbors to the greatest extent practical.
The record evidence and testimony from the public hear°ing reflects that the criterion /aas
been met. The boathouse is located within the required side/riparian setbacks and is
consistent with other similar facilities along the subject shoreline.
ENVIRONMENTAL EVALUATION.
Environmental Planning Staff has reviewed this petition and has no objection to the granting of
this request. The property is located adjacent to Vanderbilt Lagoon. The proposed docking
facilities will be constructed waterward of the existing seawall. The shoreline does not contain
native vegetation. 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 2-1193 of the Collier County Code of Laws and
Ordinances.
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 criteria set forth in Section 5.03.06.F
of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BD-PL20230008897, filed by Mark
Oreus of Greg Orick II Marine Construction, Inc., representing Brandon M. Baker and Maria
Vassilev-Baker, with respect to the property described as 148 Seabreeze Avenue, also known as
Lot 21, Block D, Conner's Vanderbilt Beach Estates Unit No. 1, in Section 29, Township 48 South,
Range 25 East. Collier County, Florida, for the following:
• To allow the construction of a 24-foot by 5046ot boathouse which will be located upon a
lawfully permitted boat dock, for which the roof overhang will extend three feet beyond
the maximum permitted protrusion of 20 feet for boat dock facilities on waterways 100 feet
or greater in width, pursuant to Section 5.03.06.F of the Land Development Code (LDC).
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Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Boathouse
Plans attached as Exhibit `B", and are subject to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Zoning Map
Exhibit B — Boathouse Plans
LEGAL DESCRIPTION.
The subject property is located at 148 Seabreeze Avenue, also known as Lot 21, Block D, Conner's
Vanderbilt Beach Estates Unit No. 1, in Section 29, Township 48 South, Range 25 East. Collier
County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. A Certificate of Completion cannot be obtained for the boathouse until after a Certificate
of Completion has been issued for the underlying dock; Permit No. PRMAR20230309503.
3. The petitioner proceeds at their own risk if construction of the boathouse commences
before the issuance of a Certificate of Completion for the dock.
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,
July 12, 2024
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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