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HEX Final Decision #2026-05Page 1 of 7 HEX NO. 2026-05 HEARING EXAMINER DECISION DATE OF HEARING. February 13, 2026. PETITION. Petition No. CCSV – PL20250007858 - 10021 and 10047 Gulf Shore Drive – Lloyd Bowein and Lurline S. Bowein request a variance from the Coastal Construction Setback Line (CCSL) in accordance with LDC Section 9.04.06 to allow for construction of a new building approximately 30.87 feet seaward of the CCSL, construction of a new cabana approximately 53.67 feet seaward of the CCSL, replacement of a pool approximately 57.40 feet seaward of the CCSL and the construction of a fence 90.20 feet seaward of the CCSL. The subject property is Lots 31 and 32, Block A, Conner’s Vanderbilt Beach Estates Replat Part of Unit 1 subdivision, also known as 10021 and 10047 Gulf Shore Drive in Section 29, Township 48 South, Range 25, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. To have the Collier County Hearing Examiner (HEX) consider a variance request to construct a new building, a cabana, a pool, and a fence seaward of the CCSL. 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 were no public speakers. Page 2 of 7 5. The Hearing Examiner disclosed having reviewed the record for the petition and having no ex parte communications. 6. The County’s Land Development Section 9.04.06 lists the criteria for variances to the 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.1 A. The coastal construction setback line shall be that coastal construction setback line established by the DEP 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 coastal construction setback line shall be that coastal construction setback line established by the DEP 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. B. Setback lines established under this LDC shall be reviewed upon petition of affected riparian upland owners. The 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 uprush, 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 record evidence and testimony from the public hearing reflects that this criterion has been met. C. 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. The record evidence and testimony from the public hearing reflects that the request is consistent with this section of the code. 1 The Hearing Examiner’s findings are italicized. Page 3 of 7 D. 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 from the public hearing reflects that the request is consistent with this section of the code. The record evidence and testimony from the public hearing reflects that the property north of the subject property is a single-family home with accessory structures that extend beyond the CCSL. The property located south of the subject property is an existing commercial use and also extends beyond the CCSL with accessory structures. The location of the proposed structures are consistent with other structures in the area. E. The BCC may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. The record evidence and testimony from the public hearing reflects that this criterion is not applicable as there are no pipelines or piers extending outward from the shoreline. F. The petitioner is required to provide a description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form. The record evidence and testimony from the public hearing reflects that the request is consistent with this section of the code. G. The petitioner is required to provide a description of the established setback line and the line which petitioner wishes to be varied. The record evidence and testimony from the public hearing reflects that the request is consistent with this section of the code and the petitioner description and justification is in the public record. H. The petitioner is required to provide the justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. The record evidence and testimony from the public hearing reflects that the request is consistent with this section of the code and the petitioner has supplied an analysis of the GMP in the record. County staff have also provided a GMP analysis in its staff report. I. All notice and public hearing requirements must be satisfied. The record evidence and testimony from the public hearing reflects that the request is consistent with this section of the code. Page 4 of 7 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY. CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF GMP OBJECTIVE 10.4: Restore and then maintain, when appropriate, developed coastal barriers and developed shorelines, by establishing mechanisms or projects which limit the effects of development and restores the natural functions of coastal barriers, including beaches and dunes. The record evidence and testimony from the public hearing reflects that the policies primarily address the need for dune restoration on developed shorelines. The applicant has provided a dune restoration plan which is under review through Site Development Plan (SDP) application PL20240014410. The dune restoration must be completed before a certificate of occupancy. Policy 10.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. The record evidence and testimony from the public hearing reflects that the proposed project will need to create and establish beach dune restoration plantings that will be required prior to the final inspection for the improvements. Policy 10.4.3: Collier County shall prohibit activities which would result in man-induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Implementation of this policy will be based upon available scientific/coastal engineering literature/studies that have established benchmarks for natural rates of beach erosion. The record evidence and testimony from the public hearing reflects that the proposed project will not impact and not create beach erosion. Policy 10.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. The record evidence and testimony from the public hearing reflects that the proposed project includes dune restoration of disturbed areas which is currently under review. (SDP PL20240014410). Policy 10.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. The record evidence and testimony from the public hearing reflects that the proposed project includes dune restoration of disturbed areas which is currently under review SDP (PL20240014410). Policy 10.4.7: Collier County shall prohibit construction seaward of the Coastal Construction Setback Line except where such construction would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985, where such prohibition would result in no reasonable economic utilization of the property in question, or for safety reasons. In such cases, construction Page 5 of 7 will be as far landward as is practicable and effects on the beach and dune system and the natural functions of the coastal barrier system shall be minimized. The record evidence and testimony from the public hearing reflects that the proposed structure is in line with contiguous and adjacent structures on neighboring properties, and will follow the natural dune profile, thus further enhancing the overall beach dune system. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION. The record evidence and testimony from the public hearing reflects that this specific variance petition was not required to go before the EAC for review and approval. 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 this Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. CCSV- PL20250007858, filed by Ellen Summers, representing the owner/applicant Lloyd and Lurline Bowein, with respect to the property legally described as located at 10021/10047 Gulf Shore Drive and further described as CONNER’S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 31 AND 32, Collier County, Florida, for the following: •An application for a Coastal Construction Setback Line (CCSL) Variance, to allow for construction of a new building, new cabana, the replacement of a pool, and the construction of a fence seaward of the CCSL. Said changes are fully described in the Survey and Site Plan attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A – Survey and Site Plan LEGAL DESCRIPTION. 10021/10047 Gulf Shore Drive and further described as CONNER’S VANDERBILT BCH EST REPLAT PART OF UNIT 1 BLK A LOT 31 AND 32. Page 6 of 7 CONDITIONS. Standard conditions: 1. 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. 2. 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. 3. Petitioner shall notify Environmental Planning Environmental Staff one week before 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). 4. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall follow Chapter 3 of the Collier County Land Development Code. 5. Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping seaward of the 1974 Coastal Construction Setback Line (CCSL). 6. Petitioner shall re-vegetate the dune where the dune 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. 7. Minor revisions to this variance approval (including changes in siting and structures) may be approved, in writing, by the County Manager, or his/her designee. Site specific conditions: 8. All invasive exotic plants listed on the Florida Exotic Pest Plant Council’s (FLEPPC) list Category 1 and 2 must be removed from the existing beach dune vegetation. 9. Any gopher tortoise and or gopher tortoise burrow(s) located onsite must be protected in accordance with LDC 3.04.02. 10. All other applicable state or federal permits must be obtained before commencement of the development. Page 7 of 7 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. March 9, 2026 Date Andrew Dickman, Esq., AICP Hearing Examiner EXHIBIT “A”