HEX Final Decision #2025-14HEX NO. 2025-14
HEARING EXAMINER DECISION
DATE OF HEARING.
May 89 2025
PETITION.
Petition No. VA-PL20240009438 — 261 Oalc Avenue -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.
GENERAL PURPOSE FOR THE PETITION.
To have the Collier County Hearing Examiner (HEX) consider a variance request to reduce the
required eastern side yard/riparian setback of 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.
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
representative. There was one letter of no objection received from the neighbor abutting the
subject property, Matthew Palumbo of 283 Oak Ave, with requests for some conditions. There
were no objections at the public hearing.
Page 1 of 5
5. The County's Land Development Section 9.04.03 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 record evidence and testimony fi°om the public hearing r°eflects that the applicant's
expert stated: "The proposed project consists of constructing a new docking facility and
boatlift within an existing cut -in boat slip. The proposed variance request is due to the
existing cut -in slip location that the applicant is just looking to utilize for their vessel as
well as to construct a new dock to provide safe access and routine maintenance. " County
staff concurred and noted that, absent a Variance, the existing cut -in slip could not be used
as the side/riparian setback requirement for dock facilities is now 1 S feet.
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 from the public hearing r°eflects that the applicant's
expert stated: "Yes, the applicant purchased this property in 2022, and the existing cut -in
boat slip ivas constructed in or just prior to 1968. The applicant is only proposing to utilize
the cut -in without making any dimensional changes to it which was originally designed to
accommodate a smaller vessel compared to modern day vessels. " County staff concurred
and noted that any legal nonconforming status the dock facility may have enjoyed 1-vas lost
when the dock facility) ivas removed, thus leaving only a cut -in slip.
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 crud testimony from the public hearing reflects that the applicant's
expert stated: "If the applicant is not granted this variance request, then the czrt-in boat
slip would have to be re purposed, or a reconfiguration of the proposed project would be
required. " County staff agreed that, absent the requested Variance, the proposed project
could not move for ward as the slip cut -in slip cannot be used as intended, lvhich lvould
cause an undue hardship on the applicant.
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 hearing reflects that the applicant's
expert stated: "Yes, the proposed dock design is to Zrtilize the existing side yard setbacks
and not extend further out into the ivaterivoy. The only new encroachment beyond the
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
seawall is the applicant's vessel extending out past the existing cut -in slip but has been
minimized the encroachment as much as possible. " Count)) staff concurred and noted that
per LDC Section 5.03.06.E.1, the dock/vessel combination can protrude tip to 20 feet
tiidthout requiring a Boat Dock Extension (BD).
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 from the public hearing reflects that by definition, cr
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 t1�at the applicant's
expert stated: "The proposed project will be utilizing an existing cut -in boat slip that has
been in place since or just prior to 1968. The applicant proposed dock design and with the
vessel extending out past the seawall limits then requires the side yard variance. As
proposed, it is our opinion that there will not be any neiv impacts to the immediately
adjacent property owner nor cause any new impacts accessing their property by boat. "
County staff concurred and noted that the cut4n slip will remain even if a variance is not
approved; approval is only necessary to fully use the cut -in slip as part of a latit furl dock
facility.
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 fi°om the public hearing reflects that the applicant's
expert stated: "The subject waterway is a natural �-vccter°wary that over the development of
Collier County has been man -altered. This section of Vanderbilt Lagoon is considered by
the State of Florida to have sovereign submerged lands (state lands) which then has in
some cases more restrictive dock construction standards to ensure the preservation of the
1vaterivay even though there are numerous other marinas and single-family dock
facilities. " County staff concurred and further• noted that an unused cut -in slip could serve
to impair the goals and objectives of the regulation.
8. Will granting the Variance be consistent with the Growth Management Plan (GMP)?
Page 3 of 5
The record evidence and testimony from the public hearing reflects that yes, approval of
this Variance 1W11 not affect or change the requirements of the GMP concerning densio,
intensity, compatibility, access/connectiWO), or any other applicable provisions.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY.
The subject property is in the Urban Mixed Use Residential land use classcation 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, which is an authorized accessory use within this
land use designation. Therefore, the use is consistent with the FLUM. The Growth Management
Plan (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 typically 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-PL20240009438, filed by Jeff
Rogers %J Turrell5 Hall &Associates, Inc, representing the owner/applicant Stergios Tallides, with
respect to the property legally described as located at 261 Oak Avenue, also known as Lot 18 and
the North '/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, for the following:
• A Variance request from Land Development Code (LDC) Section 5.03.06.E.6 to reduce
the required eastern side yardh•iparian setback of 15 feet to 7.3 feet for acut-in boat slip on
the northern property line of a lot with 360 feet of water frontage.
Said changes are fully described in the Proposed Dock Plans attached as Exhibit "A" and the
Boundary Survey attached as Exhibit "B", and are subject to the conditions) set forth below.
ATTACHMENTS.
Exhibit A —Proposed Dock Plans
Page 4 of 5
Exhibit B — Boundary Survey
LEGAL DESCRIPTION.
The subject property is located at 261 Oak Avenue, also known as Lot 18 and the North %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.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement
of the development.
2. A Certificate of Completion for the subject dock facility shall not be issued before a
Certificate of Occupancy is issued for the principal structure on the subject property.
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.
May 23, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
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