HEX Final Decision #2025-07HEX NO. 2025-07
HEARING EXAMINER DECISION
DATE OF HEARING.
March 139 2025
PETITION.
Petition No. VA-PL20240008511 -Collard Dock - 9990 Gulf Shore Drive -Request for a
variance from Land Development Code Section 5.03.06.E.6 to reduce the required northern
side yard riparian setback of 15 feet to 8 feet for a dock facility on a lot with 67 feet of water
frontage, located at 9990 Gulf Shore Drive and further described as Lot 29, Block B, Re -
Subdivision of Part of Unit No. 1, Conner's Vanderbilt Beach Estates, in Section 29,
Township 48 South, Range 25 East, Collier County, Florida.
CONCURRENT LAND USE APPLICATIONS.
Companion Petition No. BD-PL20240008508 requests that the subject dock facility protrude 50
feet into a 551.8± feet wide waterway.
GENERAL PURPOSE FOR THE PETITION.
To have the Collier County Hearing Examiner (HEX) consider a variance request from Land
Development Code LOU)(Section 5.03.06.E.6 to reduce the required side yard riparian setback of
15 feet to 8 feet for a dock facility on a lot with 67 feet of water frontage.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) of the
Collier County Code 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
Page 1 of 5
representative. There was a letter of no objection received from neighboring property owner
Jim Cerkleski. There were no objections at the public hearing.
5. The County's Land Development Section 9.04.VJ lists the criteria for variances. The Hearing
Examiner having the same authority as the Board of Zoning Appeals may grant, deny, or
modify any request for a variance from the regulations or restrictions of the Collier County
Land Development Code.I
1. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
The recor°d evidence and testimony from. the public hearing reflects that the applicant's
expert stated that the curve shaped shoreline limits what proposed docking facility can be
introduced. Also, with the presence of the docks at the southern neighboring property and
potential on the northside, the property owner is limited in which direction they can access
the docking facility without causing any navigational issues.
County stuff concurred and noted that concerning the waterfront, if this propertJ� were at
the end of a canal, the LDC would allow reduced side setbacks of 7.5 feetfor dockfacilities.
The curvature of the waterway presents a unique challenge to the subject and surrounding
properties.
2. 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 are the
subject of this variance request?
The record evidence and testimony fi°om the public hearing reflects that the applicant's
expert stated that the property's shape of shoreline and limited shoreline length requires
additional protrusion due to the pie shape riparian lines. Due to these factors and the
property) owners'vessel size, these are the special conditions driving this side yard setback
variance request.
County staff conczn°red and further noted that the subject propery� was platted prior to the
purchase of the property by the current owner•.
3. 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 record evidence and testimony from the public hearing reflects that the applicant's
expert stated the denial of the Variance petition wozrld not allow the olvner to store any of
their vessels at the property safely with the proposed dock and boat lifts. "
County staff found that the property's unique shape offers unique waterfront challenges
that severely limit its use.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
4. 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, and welfare?
The record evidence and testimony from the public hear°ing reflects that the applicant's
expert stated that the proposed docking facility has been reduced to the minimum size and
still provides safe access. Also, the proposed docking facility is consistent with the other
docking facilities along this shoreline of Conner's Vanderbilt Beach that have been
previously granted BDEs and some side yard setback variances.
County staff concurred..
5. 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?
The record evidence and testimony fi°om the pzrblic hearing reflects that 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.
6. Will granting the Variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
The record evidence and testimony from the public hearing reflects that the applicant's
expert stated that the variance is for a single family docking facility that will not affect the
functionality of any surrounding lots but allow this property to be consistent with the others
along the same subject shoreline.
0
ount�1 staff concurred and Iias received cr letter° of no objection from the property owner°
to the north.
7. 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.?
The record evidence and testimony from the pZrblic hearing reflects that the applicant's
expert stated that the variance will alloti-n the construction of a private single family
docking facility, which will increase the recreational value of the property and the
Conner's Vanderbilt area.
Count} staff noted that the location of the subject dockfacility is at a curve of the waterway
that limits any boating traff c f°om getting close to the proposed dock as the turn would be
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too tight to maneuver*. Properties in this area are now required to be built to such an
elevation that docking facilities should not have a severe impact on waterfront views.
8. Will granting the Variance be consistent with Lite Growth Management Plan (GMP)?
The record evidence and testimony fi°om the public hearing reflects that yes, approval of
this Variance will not affect or change the GMP requirements concerning density,
intensity, compatibility, access/connectivity, or any other applicable provisions.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
The subj ect property is in the Urban Mixed Use Residential land use classification on the County's
Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of
residential uses, including single-family, multi -family, duplex, mobile homes, and mixed -use
projects. As previously noted, the subject petition seeks a variance to reduce the required side
riparian setback for a residential dock facility, an authorized accessory use within this land use
designation. Therefore, the use is consistent with the FLUM. The GMP does not address individual
variance requests; the Plan deals with the larger issue of the actual use.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION.
The EAC does not normally hear variance petitions. Since the subject Variance doesn't impact any
preserve area, the EAC did not hear this petition.
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 9.04.03 of
the Land Development Code to approve this Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. VA-PL20240008511, filed by Mark
Oreus, representing the owner/applicant Craig and Susan Collard, with respect to the property
legally described as located at 9990 Gulf Shore Drive, approximately 80 feet south of Bayview
Avenue, also known as Lot 29, Block B, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt
Estates, in Section 29, Township 48 South, Range 25 East, Collier County, Florida, for the
following:
• A Variance request from Land Development Code (LDC) Section 5.03.06.E.6 to reduce
the required side yard riparian setback of 15 feet to 8 feet for a dock facility on a lot with
67 feet of water frontage.
Page 4 of 5
Said changes are fully described in the Proposed Dock Plan attached as Exhibit "A" and the
Boundary, Topographic Survey And Site Plan attached as Exhibit `B", and are subject to the
condition(s) set forth below.
ATTACHMENTS.
Exhibit A —Proposed Dock Plan
Exhibit B — Boundary, Topographic Survey And Site Plan
LEGAL DESCRIPTION.
The subject property is located at 9990 Gulf Shore Drive, approximately 80 feet south of Bayview
Avenue, also known as Lot 29, Block B, Re -Subdivision of Part of Unit No. 1, Conner's Vanderbilt
Estates, 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.
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
Falls 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.
March 28, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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