HEX Final Decision #2025-44HEX NO. 2025-44
HEARING EXAMINER DECISION
DATE OF HEARING.
November 139 2025
PETITION.
Petition No. BLCD-PL20250001596 - 2620 Riverview Drive -Request for a Boat Lift Canopy
Deviation to increase the allowable length, from 35 feet to 40 feet, and height, from 12 feet to
14 feet, for a boat lift canopy measuring 40 feet long by 18 feet wide and 14 feet in height on
a canal -front lot, pursuant to section 5.03.06.G.3 of the Land Development Code (LDC). The
subject property is located at 2620 Riverview Drive, further described as Lots 14 and 15,
Block 4, Gulf Shores subdivision, in Section 14, Township 50 South, Range 25 East, Collier
County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a Boat Lift Canopy Deviation (BLCD) to increase the allowable length,
from 35 feet to 40 feet, and height, from 12 feet to 14 feet, for a boat lift canopy measuring 40 feet
long by 18 feet wide and 14 feet in height 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 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 were no objections at the public hearing for this item.
Page 1 of 4
5. The County's Land Development Code (LDC) Section 5.03.06.0. lists the criteria for boat lift
canopies. 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 r•ecor•d evidence and testimony fi°om the public hear°ing �°eflects that tJ�is cr°iterion
HAS BEEN MET.
b. The length of the boat lift canopy shall not exceed 35 feet.
The �°ecord evidence and testimony from the public hearing reflects that this criterion
HAS NOT BEEN MET. The applicant desires to construct a single, beige, 40 foot by
18 foot boat lift canopy that ivill stand 14 feet over a last filly permitted dock facility,
on a canal -front property.
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 cand testimony from the public hearing reflects that this criterion
HAS NOT BEEN MET. The applicant desires to construct a single, beige, 40 foot by
18 foot boat lift canopy that will stand 14 feet over a lave filly permitted dock facilioJ,
on a canal front property.
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 evidence and testimony from the public hearing rveflects that this criterion
HAS BEEN MET.
e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida
Building Code.
The record evidence and testimony from the pzrblic hearing reflects that this criterion
HAS BEEN MET.
£ Canopy cover material shall be limited to beige or mid -range shades of blue or green.
1 The Hearing Examiner's findings are italicized.
Page 2 of 4
The record evidence and testimony fi•orn the public hearing reflects that this criterion
HAS BEEN MET.
g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
The record evidence and testimony from the public hearing r°eflects that this criterion
HAS BEENMET. There are no other covered structures depicted on the site plan, and
required setbacks ivill be observed
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 recor°d evidence crud testimony from the public hearing reflects that this criterion HAS
BEEN MET.
ANALYSIS.
While the LDC does not contain review evaluation criteria in the event of a deviation related to a
Boat Lift Canopy, County staff has recognized that deviations from the listed standards may be
approved by the Hearing Examiner, subject to the public hearing process. Boat lift canopies are a
permitted use on waterfront properties per LDC section 5.03.06.B.5, absent any compelling reason
to deny the requested deviations, using the applied criteria, County staff recommend approval.
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 for both proposed canopies
meets 5 of 7 criteria as set forth in Section 5.03.06.G.1., 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-PL20250001596, filed by
Sherry Gaston, representing the owner/applicant Kevin E. Jensen, Trustee, of Kevin Eric Jensen
Trust, with respect to the property described as Property ID No. 48172800006, located at 2620
Riverview Drive; also known as Lots 14 and 15, Block 4, Gulf Shores subdivision, in Section 14,
Township 50 South, Range 25 East, Collier County, Florida, for the following:
• The petitioner requests approval for a Boat Lift Canopy Deviation to increase the allowable
length, from 35 feet to 40 feet, and height, from 12 feet to 14 feet, for a boat lift canopy
measuring 40 feet long by 18 feet wide and 14 feet in height on a canal front lot pursuant
to section 5.03.06.G.3 of the Land Development Code (LDC).
Said changes are fully described in the Canopy Detail attached as Exhibit "A" and Proposed Site
Plan attached as Exhibit "B", and are subject to the conditions) set forth below.
Page 3 of 4
ATTACHMENTS.
Exhibit A —Canopy Detail
Exhibit B — Proposed Site Plan
LEGAL DESCRIPTION.
The subject property, Property ID No. 48172800006, is located at 2620 Riverview Drive; also
known as Lots 14 and 15, Block 4, Gulf Shores subdivision, in Section 14, Township 50 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. The boat lift canopies are to be removed upon issuance of an official hurricane warning
affecting the location of the boat lift canopy; and
3. A Building Permit, or building permits, shall be obtained for the construction and/or
placement of the subject boat lift canopy.
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
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,
December 11, 2025
Date
Andrew Dickman, Esq., AICP
Hearing Examiner
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