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HEX Backup 05/08/2025HEARING EXAMINER – 05/08/2025 Agenda Item 3.A BD-PL20240010366 Attachment E – Public Correspondence Letter of Objection – Esposito, 210 Bayview Ave Letter of Objection – Ostergard, 210 Bayview Ave 1 John Kelly From:Katie Lesniewski <katie@dickmanlawfirm.org> Sent:Wednesday, May 7, 2025 3:07 PM To:John Kelly Subject:FW: Hearing Examiner hearing date 5/8/2025 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. FYI. Thank you. CONFIDENTIAL NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception to this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and then destroy all copies of the transmission. From: TLR.FindLaw.FirmSite@thomsonreuters.com <TLR.FindLaw.FirmSite@thomsonreuters.com> Sent: Wednesday, May 7, 2025 1:23 PM To: Matthew McConnell <matthew@andrewdickman.us> Subject: ALERT: Contact Received From Your FindLaw Website Name: Gina Esposito Email: ctgroster@aol.com Phone: (203) 470-3791 Message: Hi, HI would like to go on record as being against the petition for 228 Bayview. PL20240010366. We reside at 210 the next door neighbor. 2 We feel that such an long extension will interfere with wildlife in the bay as well as watercraft traffic. Thank you for your time. How Did You Hear About Us?: collier cnty. I Have Read The Disclaimer: Yes This email was initiated at the FindLaw FirmSite https://www.dickmanlawfirm.org/attorney/dickman- andrew-w-j/. The content of this email is provided by and is the responsibility of the person posting the email communication. You acknowledge that any reliance on material in email communications is at your own risk. Replies to this form will be sent directly to the original sender. © 2011 FindLaw, a Thomson Reuters business 1 John Kelly From:Ray Bellows Sent:Wednesday, May 7, 2025 5:12 PM To:John Kelly Subject:FW: PL20240010366 FYI Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov -----Original Message----- From: GINA AND ROBERT OSTERGARD <ctgroster@aol.com> Sent: Wednesday, May 07, 2025 1:29 PM To: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: PL20240010366 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Mr. Bellows, I would like to express my vote against the extension of the dock at 228 Bayview Ave. We live at 210 (next door). We feel that the extension will have a negative impact on the marine life in the bay. We also feel it will cause potential danger to watercraft trying to maneuver in the already narrow bay. Thank you, Mary Lorraine Esposito and the trustees of 210 Bayview Ave. Joy Esposito Gina Esposito 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. HEX 05/08/2025 PL202400010366 228 Bayview Ave Legal Notices Website <Jessica.Malloy@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 3:30 PM To: Minutes and Records; Legal Notice Cc: PaulRenald; GMDZoningDivisionAds; SaboJames; kellyj Subject: Request for Publication - 5/8/25 HEX Ad request for 228 Bayview AVE (BD) (PL20240010366) Attachments: Hearing Notice to Newspaper HEX v3.pdf; RE: BD-PL20240010366 228 Bayview AVE - Ad/PON Letter Good afternoon M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage.The ad will need to be advertised no later than 4/18/2025 and run through the hearing date. Staff approval is attached. Please note:The legal advertising fees have been collected for this petition. Thank you! Jessica Malloy Planner II ()1 Zoning Office:239-252-4329 Collier Coun CIX, of Jessica.Malloy(c�colliercountyfl.gov 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. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 2:00 P.M.,on May 08,2025 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL,to consider PETITION NO. PL20240010366 BD Request for a 25-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 45 feet into a waterway that is 203±feet wide,pursuant to LDC Section 5.03.06.H The subject property is located at 228 Bayview Avenue, further described as Lot 38, Block B, Conner's Vanderbilt Beach Estates Unit No. 1,in Section 29,Township 48 South,Range 25 East,Collier County,Florida. R _ Seagull C► ^r's10 Project AVE__ Location Wallet lz B vises AVE AVE l?1 Trade Winds AVE __ Lagoon AVE 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.Bellows a,colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400,at least two(2) days prior to the meeting. Andrew W.J.Dickman,Esq.,AICP, Chief Hearing Examiner Collier County,Florida ♦ Yanirda Fernandez From: John Kelly <John.Kelly@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 11:50 AM To: MalloyJessica Cc: SaboJames Subject: RE: BD-PL20240010366 228 Bayview AVE - Ad/PON Letter Thank you kindly... RE-approved with noted change. Respectfully, John Kelly Planner Ill Zoning Office:239-252-5719 Collier Coun 2800 N Horseshoe Dr. a X 0 Naples, Florida 34104 John.Kelly(a colliercountyfl.gov From:Jessica Malloy<Jessica.Malloy@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 11:48 AM To:John Kelly<John.Kelly@colliercountyfl.gov> Cc:James Sabo<James.Sabo@colliercountyfl.gov> Subject: RE: BD-PL20240010366 228 Bayview AVE -Ad/PON Letter Time updated to 2:00 PM as noted. Please let me know if there are any remaining changes. Thank you! Jessica Malloy Planner II (77'N Zoning Office:239-252-4329 Collier Coun OcxaC Jessica.Malloy(cr�colliercountyfl.gov From:John Kelly<John.Kelly@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 11:37 AM To:Jessica Malloy<Jessica.Malloy@colliercountyfl.gov> Cc:James Sabo<James.Sabo@colliercountyfl.gov> Subject: RE: BD-PL20240010366 228 Bayview AVE -Ad/PON Letter 1 Both look good...Approved! Respectfully, John Kelly Planner Ill Zoning (>>'"N Office:239-252-5719 Collier Coun 2800 N Horseshoe Dr. fl t1 X a I Naples, Florida 34104 John.Kelly(a colliercountyfl.gov From:Jessica Malloy<Jessica.Malloy@colliercountyfl.gov> Sent:Wednesday,April 9, 2025 11:29 AM To:John Kelly<John.Kelly@colliercountyfl.gov> Cc:James Sabo<James.Sabo@colliercountyfl.gov> Subject: BD-PL20240010366 228 Bayview AVE-Ad/PON Letter Good morning John, Attached is the Ad Request for your petition. Please let me know if you approve and/or if changes are needed. Please let me know if you have any questions. Thank you. Jessica Malloy Planner II Zoning Office:239-252-4329 Collier Coun OXaC Jessica.Malloy(a�colliercountyfl.gov 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. 2 HEX 05/08/2025 PL20240009438 261 Oak Avenue Legal Notices Website Imes.Sabo@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 3:40 PM To: Minutes and Records; Legal Notice Cc: MalloyJessica; PaulRenald; GMDZoningDivisionAds; kellyj; bellows_r Subject: Request for publication 5-8-25 HEX Ad request PL2024-9438 VA Attachments: PL24-9438 261 Oak Pub Notice HEX v3.docx; RE: PL24-9438 Pub Hear Notice 261 Oak VA approval Good afternoon M&R, Please post the attached PDF Ad Request to the Collier Legal Notices webpage.The ad will need to be advertised no later than 4/18/2025 and run through the hearing date. Staff approval is attached. Please note:The legal advertising fees have been collected for this petition. Thank you! James Sabo AICP Manager - Planning Zoning Office:239-252-2442 Collier Cou n 2800 Horseshoe Dr. North 0 ( Naples, Florida 34104 James.Sabo a(�colliercountyfl.gov 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. 1 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 2:00 P.M., on May 08,2025 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL, to consider PETITION NO. PL20240009438 VA—Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet for a cut-in boat slip on the northern property line of a lot with 360 feet of water frontage, located within a Residential Single-Family-3 (RSF-3)zoning district,at 261 Oak Avenue and further described as Lot 18 and the North '/Z of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Project Location Pine AVE GI C wei c Oak AVE CD d 73 Palm CT 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner. An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq.,AICP, Chief Hearing Examiner Collier County, Florida Yanirda Fernandez From: John Kelly <John.Kelly@colliercountyfl.gov> Sent: Wednesday, April 9, 2025 11:44 AM To: SaboJames Cc: MalloyJessica; bellows_r Subject: RE: PL24-9438 Pub Hear Notice 261 Oak VA approval Approved! Respectfully, John Kelly Planner III Zoning (14;j1 Office:239-252-5719 Collier Cou n 2800 N Horseshoe Dr. OtI X o i Naples, Florida 34104 John.Kelly(�colliercountyfl.gov From:James Sabo <James.Sabo@colliercountyfl.gov> Sent:Wednesday,April 9, 2025 11:34 AM To:John Kelly<John.Kelly@colliercountyfl.gov> Cc:Jessica Malloy<Jessica.Malloy@colliercountyfl.gov>; Ray Bellows<Ray.Bellows@colliercountyfl.gov> Subject: PL24-9438 Pub Hear Notice 261 Oak VA approval John: Please review and edit or approve the attached notice. Please complete and return as soon as possible! The deadline for advertising was yesterday and the Clerk is working with us to meet the publication deadline. James Sabo AICP Manager - Planning Zoning { ~` Office:239-252-2442 Collier Cou n 2800 Horseshoe Dr. North © O X o Naples, Florida 34104 James.Sabo c(�colliercountyfl.gov 1 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. 2 (41TCOU Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel gCollier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 ti Phone: (239) 252-2646 Ol`!�R COUNTY+ O4 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, PL20240010366-228 Bayview AVE (HEX 05/08/2025) was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 04/18/2025 until 05/10/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. 194: nt Signature) (Affia4t Printed Name) Sworn to and subscribed before me this 05/12/2025 ..q5tstai K. Kinzel Clerk of the Circuit Court& Compt`rolleF 10 diei3;uiy Clerk Signature) I c V `J ! �D�J1 — (Deputy Clerk Prin Name) D to NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 2:00 P.M.,on May 08,2025 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL,to consider PETITION NO. PL20240010366 BD Request for a 25-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 45 feet into a waterway that is 203±feet wide,pursuant to LDC Section 5.03.06.H The subject property is located at 228 Bayview Avenue, further described as Lot 38, Block B, Conner's Vanderbilt Beach Estates Unit No. 1,in Section 29,Township 48 South,Range 25 East,Collier County,Florida. el pR_ Seagull c ^' -' Project AVE Location woW AVE WHIM AVE 0 Trade Winds AVE Lasloon AVE 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing.The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples, FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.BellowsAcolliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400, at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq.,AICP, Chief Hearing Examiner Collier County,Florida %espi covRTce 44 c Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel r' Collier County, Florida V x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 n Phone: (239) 252-2646 vs 011lR CoilN C1, �4 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, PL20240009438 VA-261 Oak Avenue (HEX 05/08/2025) was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 04/18/2025 until 05/10/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. Citift14 ( nt gnature) ., , ,,06.41, '(Affiant Printed"Name) Sworn to and subscribed before me this 05/12/2025 Crystal K,.Kirizel Clerk of the Circuit Court& ,Comptroller 7...)lirdb-IL-- ' eputty4Clerk Signature) ,vim (Deputy Clerk Printedame) to NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Hearing Examiner(HEX) at 2:00 P.M.,on May 08,2025 in the Hearing Examiner's meeting room, at 2800 North Horseshoe Drive, Room 609/610,Naples, FL,to consider PETITION NO. PL20240009438 VA—Request for a variance from Land Development Code Section 5.03.06.E.6 to reduce the minimum eastern side yard setback from 15 feet to 7.3 feet for a cut-in boat slip on the northern property line of a lot with 360 feet of water frontage, located within a Residential Single-Family-3 (RSF-3)zoning district, at 261 Oak Avenue and further described as Lot 18 and the North 1/2 of Lot 17, Block I, Conner's Vanderbilt Beach Estates, Unit No. 2, in Section 32, Township 48 South, Range 25 East, Collier County, Florida. Project Location Oak AVE Pine AVE 0 \ 0 CD 0 70 Palm CT 0 All interested parties are invited to appear and be heard. All materials used in presentation before the Hearing Examiner will become a permanent part of the record. Copies of staff report are available one(1)week prior to the hearing. The file can be reviewed at the Collier County Growth Management Community Development Department, Zoning Division, 2800 North Horseshoe Drive,Naples,FL 34104. As to any 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 Laws and Ordinances within 30 days of the decision by the Hearing Examiner.An aggrieved non-party may appeal a decision by the Hearing Examiner to the Circuit Court of Collier County within 30 days of the decision. In the event that the petition has been approved by the Hearing Examiner, the applicant shall be advised that he/she proceeds with construction at his/her own risk during this 30-day period.Any construction work completed ahead of the approval authorization shall be at their own risk. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.coIIiercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Ray Bellows at 252-2463 or email to Ray.bellows@colliercountyfl.gov. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Zoning Division located at 2800 N. Horseshoe Dr,Naples,Florida 34104,(239)252-2400,at least two(2) days prior to the meeting. Andrew W. J. Dickman, Esq.,AICP, Chief Hearing Examiner Collier County,Florida