Resolution 2008-119
RESOLUTION 08- 119
A RESOLUTION OF THE BOARD OF ZONING APPEALS
RELATING TO PETITION NUMBER BD-2007-AR-12154,
WmCH WAS DENIED BY THE COLLIER COUNTY
PLANNING COMMISSION ON DECEMBER 6, 2007, FOR AN
EXTENSION OF A BOAT DOCK ON PROPERTY
HEREINAFTER DESCRffiED IN COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County adopted the previous Land Development Code (LDC)
(Ordinance 91-102) in October 1991 which was subsequently amended and included the
regulations for the zoning of particular geographic divisions of the County, among which are
provisions for granting extensions for boat docks; and
WHEREAS, the County pursuant thereto has adopted a new Land Development Code
(LDC) (Ordinance 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which are provisions for granting extensions for boat
docks; and
WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, on
December 6, 2007, held a properly noticed public hearing and considered the advisability of a
17-foot extension for a boat dock from the 20-foot length allowed by LDC Section 5.03.06.E.1.
to authorize a 37-foot boat dock facility in an RSF-4 Zoning District for the property hereinafter
descri bed; and
WHEREAS, the CCPC found as a matter of fact that the request did not meet the criteria
required by LDC Section 5.03.06.E.1 and accordingly denied the Petition; and
WHEREAS, the new LDC omits Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as
amended, relating to the process by which a Petitioner may appeal a decision of the CCPC and
thus causes a conflict pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended (the new LDC); and
WHEREAS, pursuant to Paragraph Five, Conflict and Severability, of Ordinance 2004-
41, as amended provisions of the previously adopted LDC shall apply in the event of such a
conflict; and
WHEREAS, the Petitioner duly appealed the decision of the CCPC pursuant to the
Collier County LDC (omitted Sections 5.2.11. and 2.6.21.3. of Ordinance 91-102, as amended)
to the Collier County Collier County Board of Zoning Appeals.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Petition Number ADA-2007-AR-12714, appealing the CCPC's denial of Petition Number
BD-2007-AR-12154 pursuant to previous, but still effective, Sections 5.2.11. and 2.6.21.3. of
Ordinance 91-102, as amended, filed on behalf of Saundra Clancey-Koendarfer by Ben Nelson,
of Nelson Marine Construction, Inc., for the property hereinafter described as:
Lot 10, Block E, Little Hickory Shores, Unit No.2, according to the plat thereof,
of record in Plat Book 3, Page 79, of the Public Records of Collier County
Florida. Property Appraisers Parcel ID No. 55900800009
be, and the same is hereby approved, thus reversing the CCPC's denial of the Petition Number
BD-2007-AR-12154, for a 17-foot extension of a boat dock from the 20-foot length otherwise
allowed by LDC Section 5.03.06.E.1., to authorize a 37-foot boat docking facility in the RSF-4
zoning district wherein said property is located, subject to the following conditions:
1. Corresponding permits, or letters of exemption, from the U.S. Army Corps of Engineers
and the Florida Department of Environmental Protection shall be provided to Collier
County prior to the issuance of a building permit.
2. Reflectors and house numbers of no less than four (4) inches in height must be installed
at the outermost end on both sides of all docks or mooring pilings, whichever protrudes
the furthest into the waterway, prior to the issuance of a Certificate of Completion.
3. At least one (1) "Manatee Area" sign must be posted in a conspicuous manner as close as
possible to the furthest protrusion of the dock into the waterway, prior to the issuance of a
Certificate of Completion.
4. All prohibited exotic species, as such term may now or hereinafter be established in the
LDC, must be removed from the subject property prior to issuance of the required
Certificate of Completion and the property must be maintained free from all prohibited
exotic species in perpetuity.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
. l.}l\cl
This Resolution adopted after motion, second and majority vote thIS a day of
Ap\'\
,2008.
"i:. (,
ATTEST:,-;' c,'
DWIGHT E. B~OCK, €;LERK
;;----,.,.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
i.
.
By:
Attest &$ to ~lnun' "q'eput
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, CHAIRMA
App
and g
Jeffr A. Klat
Chie ~ssistan
ow
ounty Attorney
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