HEX Final Decision #2025-19HEX NO. 2025-19
HEARING EXAMINER DECISION
DATE OF HEARING.
May 22, 2025
PETITION.
Petition No. BLCD-PL20250000062 - 115 Newport Dr- Request to approve a 30-foot by 13-
Foot boat lift canopy and a Boat Lift Canopy Deviation to allow a second 30400t by 1340ot
boat lift canopy on a canal -front lot pursuant to section 5.03.06.G.3 of the Land Development
Code. The subject property is located at 115 Newport Drive, further described as Lots 21
and 22, Port of the Islands Phase I, in Section 9, Township 52 South, Range 28 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a 30-foot by 13-foot boat lift canopy and a Boat Lift Canopy Deviation to
allow a second 3046ot by 1346ot boat lift canopy on a canal -front lot pursuant to Section
5.03.06.G.3 of the Land Development Code (LDC).
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 Code of Ordinances, Sec. 8.10.00 %J 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 were no objections at the public hearing for this item.
Page 1 of 4
5. The County's Land Development Section 5.03.06,G. lists the criteria for dock facility
extensions. The Hearing Examiner may approve, approve with conditions, or deny a deviation
from the listed boat lift canopy standards in the Land Development Code, Section 5.03.06.G.1
Standards for boat lift canopies in Section 5.03.06.G:
1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally
permitted, by the requisite local, state, and federal agencies if the following criteria are
met.
a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift
on each side.
The �°ecord evide�zce and testimony from the public heap°ing reflects that this criterion
HAS BEEN MET.
b. The length of the boat lift canopy shall not exceed 35 feet.
The record evidence and testimony fr•om the public bearing reflects that this criterion
HAS BEEN MET.
c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest
point of the canopy to the height of the dock walkway.
The record evidence and testimony fi°om the public hearing reflects that this criterion
HAS BEEN MET.
d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain,
not to exceed 18 inches shall be permitted on the sides.
The record evide��ce and testimony fi°om the public beat°ing reflects that this criterion
HAS BEEN MET.
e. Boatiift canopies shall meet the requirements of Awnings and Canopies in the Florida
Building Code.
The record evidence and testimor�y from the public hearing 74effects that this criterion
HAS BEEN MET.
£ Canopy cover material shall be limited to beige or mid -range shades of blue or green.
The record evidence and testimony from the public hearing reflects that this criterion
HAS BEEN MET.
1 The Hearing Examiner's findings are italicized.
Page 2 of 4
g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
The r°ecor°d evidence and testimony fr°om the pzrblic hear°ing reflects that this criterion
HAS BEEN ME, T.
2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site.
The record evidence and testimony from the public hear°ing r°eflects that this cr°iterion HAS
NOT BEEN MET. In this case, the applicant desires to construct two beige boat lift
canopies over a lai4 fully permitted dock facility on a canal -front propero) where there are
no boathouses or other• covered structures. Both beige canopies, measuring 30 feet by 13
feet and 12 feet high, are Code compliant; the deviation is only for the number of canopies
on a canal -front propertJ).
ANALYSIS.
While the LDC does not contain review evaluation criteria in the event of a deviation from a Boat
Lift Canopy, County staff has recognized that both proposed canopies satisfy the criteria required
by LDC Section 5.03.06.G.I. Therefore, staff can support the requested deviation from Section
5.03.06.G.2. The deviation is only for the number of canopies on a canal -front property.
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 standards set forth in Section 5.03.06.G
of the Land Development Code to approve the Petition. The Petition meets 7 of 7 criteria as set
forth in Section 5.03.06.G.I., and requests approval for a deviation from the criteria as set forth in
Section 5.03.06.G.2.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BLCD-PL20250000062, filed by
Sherry Gaston of Waterway Canopies, representing the owner/applicant Richard E. and Judy L.
Farace, with respect to the property described as located at 115 Newport Drive, also known as Lots
21 and 22, Port of the Islands Phase 1, in Section 9, Township 52 South, Range 28 East, Collier
County, Florida, for the following:
• The petitioner requests approval fora 30400t by 1346ot boat lift canopy and a Boat Lift
Canopy Deviation to allow a second 30-foot by 13-foot boat lift canopy on a canal-fi•ont
lot pursuant to Section 5.03.06.G.3 of the Land Development Code (LDC).
Said changes are fully described in the Canopy Details attached as Exhibit "A", Site Plan attached
as Exhibit "B", and Specific Purpose Survey Lots 21 And 22 attached as Exhibit "C", and are
subject to the condition(s) set forth below.
Page 3 of 4
ATTACHMENTS.
Exhibit A — Canopy Details
Exhibit B — Site Plan
Exhibit C — Specific Purpose Survey Lots 21 And 22
LEGAL DESCRIPTION.
The subject property, folio number 68290840009, is located at 115 Newport Drive, also known as
Lots 21 and 22, Port of the Islands Phase I, in Section 9, Township 52 South, Range 28 East.
Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The boat lift canopies are to be removed upon issuance of an official hurricane warning
affecting the location of the boat lift canopy.
3. A Building Permit shall be obtained for the construction and/or placement of the subject
boat lift canopies.
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.
June 19, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
Page 4 of 4
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