HEX Final Decision #2025-12HEX NO. 2025-12
HEARING EXAMINER DECISION
DATE OF HEARING.
April 10, 2025
PETITION.
Petition No. CCSV-PL20240011048 -Beachmoor Condominium 9051 Gulf Shore Drive - To
have the Collier County Hearing Examiner (HEX) consider an application for a Coastal
Construction Setback Line (CCSL) Variance, in accordance with Land Development Code
(LDC) section 9.04.06, for 95 feet for fences along the northern and southern property
boundaries; 70 feet for a paver walkway; and 61 feet from the Coastal Construction Setback
Line to allow for additional pavers in an existing paved area. The subject property is located
on property at 9051 Gulf Shore Drive and further described as the Beachmoor
Condominium recorded in condo book 16 page 18 City of Naples, Collier County, Florida,
in Section 32, Township 48 South, Range 25 East.
GENERAL PURPOSE FOR THE PETITION.
To have the Collier County Hearing Examiner (HEX) consider an application for a Coastal
Construction Setback Line (CCSL) Variance for 95 feet for fences along the northern and southern
property boundaries, 70 feet for a paver walkway, and 61 feet from the Coastal Construction
Setback Line to allow for additional pavers in an existing paved area.
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 Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in -person.
Page 1 of 5
5. 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.
6. The County's an Development Section 9.04.06 lists the criteria for variances to Lite Coastal
Construction Setback Line. 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. The coastal construction setback line shall be that coastal construction setback line
established by the Department of Environmental Protection of the State of Florida
pursuant to F.S. § 161.053 and recorded in Coastal Setback Line Book 1, pages 1
through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665
of the public records of Collier County, Florida.
The record evidence and testimony from. the public hearing reflects that the proposed
structures and improvements are seaward of the CCSL.
2. Setback lines established under this Land Development Code shall be reviewed upon
petition of affected riparian upland owners. The Board of County Commissioners
(BCC) of Collier County shall decide, after due public notice and hearing, whether a
change in the setback line is justified, and shall notify the petitioner in writing. The
present setback lines are presumed to be correct, and no change in setback lines are
presumed to be correct, and no change in setback lines shall be made except upon an
affirmative showing by petitioner that any construction line established hereunder is
a minimum of 150 feet landward of the mean high-water line or seventy-five (75) feet
landward of the vegetation line whichever is greater; and that considering ground
elevations in relation to historical storm and hurricane tides, predicted maximum
wave up rush, beach and offshore ground contours, the vegetation line, erosion
trends, the dune or bluff line, if any exist, and existing upland development, that the
general public health and welfare are preserved, upland properties protected, and
beach and sand dune erosion controlled.
The r•eco�°d evidence and testir��ony fi°om the public hearing reflects that the applicant
proposes to install a fence with a securitJ� gate and pavers (157 sq ft) at the dune �-ncclkovei•;
these structures are approximiately 121 linear feet from the Mean High -Water Line
MHWL). Additionally, the applicant proposes adding 39 square feet of pavers to the
existing walkways. These pavers will be approximately 145 feet from the MHWL.
3. It shall be unlawful for any person, firm, corporation, or agency, public or private, to
construct, reconstruct, or change existing structures, make any excavation, remove
any beach material or otherwise alter existing ground elevations, drive any vehicle
on, over or across any sand dune, or damage or cause to be damaged any sand dune,
or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal
construction setback line, except as hereinafter provided.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
The record evidence and testimony from the public hearing reflects that thepetitioner has
provided a dune enhancement plan cis required by the GMP policies in Objective 10.4 and
,DC section 3.03.06.
4. If in the immediate contiguous or adjacent area a "number of existing structures"
have established a reasonably continuous and uniform construction line closer to the
line of mean high water than the line as herein established, and if said existing
structures have not been unduly affected by erosion, a proposed structure may be
permitted along such line if such proposed structure is also approved by the BCC.
The record evidence and testimony fi°om the public hearing reflects that the properties
located both north and south of the subject property have similar beach access structures
that extend beyond the Coastal Construction Zone Line (CCSL). The installation of the
fence, gate, and pavers is consistent ivith other structures in the area. Based on the review
of the information provided, County staff believes the proposed structures will not create
or be affected by erosion.
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 9.04.06 of
the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. CCSV-PL20240011048, filed by David
Morris, P.E. of Q. Grady Minor &Associates, LLC, representing The Beachmoor Condominium
Owner Association, Inc., with respect to the property described as located at 9051 Gulf Shore
Drive and is further described as the Beachmoor Condominium, recorded in Condominium Book
16, Page 18, City of Naples, Collier County, Florida, for the following:
• A Coastal Construction Setback Line (GCSE) Variance, in accordance with Land
Development Code (LDC) section 9.04.065 for 95 feet for fences along the northern and
southern property boundaries 70 feet for a paver walkway; and 61 feet from the Coastal
Construction Setback Line to allow for additional pavers in an existing paved area.
Said changes are fully described in the Conceptual Site Plan attached as Exhibit "A" and the Aerial
and Existing Conditions Site Plan attached as Exhibit "B", and are subject to the conditions) set
forth below.
ATTACHMENTS.
Exhibit A —Conceptual Site Plan
Page 3 of 5
Exhibit B — Aerial and Existing Conditions Site Plan
LEGAL DESCRIPTION.
The subject property is located at 9051 Gulf Shore Drive and is further described as the Beachmoor
Condominium, recorded in Condominium Book 16, Page 18, City of Naples, Collier County,
Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. All proposed improvements shall be designed in accordance with the standards of the
Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal
Systems, and an approved FDEP permit shall be obtained and copies provided before
issuance of a Collier County Building Permit,
3. Construction activities shall not occur within one hundred (100) feet of the sea turtle
nesting zone, defined by Collier County Land Development Code Chapter 3, between May
1 — October 31, sea turtle nesting season, without first submitting and obtaining any
required FDEP and Collier County Construction in Sea Turtle Nesting Area Permits.
4. The Petitioner shall notify the Environmental Planning Staff one week prior to
commencing work seaward of the CSSL and shall again contact Staff within one week
following completion of work seaward of the CCSL (239-252-2400).
5. Outdoor lighting associated with construction or development within 300 feet of the high
tide line shall comply with Chapter.) of the Collier County Land Development Code.
6. Petitioner shall utilize only native coastal dune vegetation for all on -site landscaping
seaward of the 1974 Coastal Construction Control Line.
7. The Petitioner shall re -vegetate the dune, where it is devoid of coastal dune vegetation, and
in any areas disturbed by the proposed improvements. Re -vegetation shall be completed,
according to the plan submitted to and approved by Collier County Environmental Staff,
before the issuance of a Certificate of Occupancy.
8. Minor revisions to this variance approval, including changes in siting and structures, may
be approved in writing by the County Manager or their designee.
Site Specific Conditions:
9. All invasive exotic plants listed on the Florida Exotic Pest Plant Council's (FLEPPC) list,
Categories 1 and 2, must be removed from the existing beach dune vegetation.
Page 4 of 5
10. Any gopher tortoise and or gopher tortoise burrow(s) located on site must be protected in
accordance with LDC 3.04.02.
11. All areas seaward of the CCSL, outside the footprint of approved structures and
improvements, shall be left in their natural condition or landscaped using exclusively native
coastal dune vegetation.
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
I
ails 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,
May 8, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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