Loading...
HEX Final Decision 2014-03HEX NO. 2014 — 03 HEARING EXAMINER DECISION PETITION NO. BDE- PL20130001439 — Romeo and Adriana Terezi request a waiver for a 30.9 foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 50.9 feet to accommodate a 2 -slip docking facility for the benefit of Lot 3, Bayfront Gardens Subdivision, also described as 224 Barefoot Beach Boulevard, in Collier County, Florida. DATE OF HEARING: January 23, 2014 STAFF RECOMMENDATION: Approval. FINDINGS: Based on the applicant's written petition, testimony at the hearing of the applicant and the public, and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.03.06 of the Land Development Code has been met and the petition should be approved. ANALYSIS: The applicant met 4 out of the 5 primary criteria, primary criteria #2 for water depth was not one of the reasons for this request, and was not met. The applicant met 5 out of the 6 secondary criteria with secondary criteria #6 not being met since it was not applicable to this application. The applicant verified that a mangrove trimming permit has been issued. The staff report includes a folio number that is in error, the correct folio number for this property is 23095000306. During the review it was discovered that the applicant's request for this extension was not from the most restrictive landward point. The applicant provided a measurement from top of bank that was greater than what was requested for the extension, believing that the measurement for the actual extension was required to be from mean high water. The difference is 2.4 feet. The applicant stated they can accept an extension from the more restrictive starting point as required by code and their boat dock extension request will remain at 50.9 feet. Corrective documentation verifying this new measurement is attached as Exhibits A & B. DECISION: The Hearing Examiner hereby approves Petition Number BDE- PL20130001439, filed by David Turley of ADK Permitting Solutions, LLC on behalf of Romeo and Adriana Terezi, for a 30.9 foot boat dock extension over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 50.9 feet, for a docking facility that will accommodate 2 boat slips with boatlifts as shown on the Proposed Site Plan attached as Exhibit "A" and the Cross Section Plan attached as Exhibit `B ", on the property described herein. 1 of 2 ATTACHMENTS: Exhibit A — Proposed Site Plan Exhibit B — Cross Section Plan LEGAL DESCRIPTION: Lot 3, Bayfront Gardens, according to the plat thereof recorded in Plat Book 14, Pages 114 through 117, of the Public Records of Collier County, Florida. APPEALS: This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing Examiner Decision is rendered. 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. 2 -3 -I Date CP \l 3- CPS - 01259 \8 2 of 2 k C'U� - Mar Strain, Hearing Examiner Appr ed as to form and legality: �di 7 Wo'W - i dk o Managing Assistant County Attorney O N II ■ U lij .{ E Y\\Cko =¢O F- (o w o O 3 s d O w ° ¢ O N 'Yj Q� 7s LLJ Q m = ) L �C.0 tai> ap Y L iY da m Z Y J Z � lq x Oro 4 rl rj Q m$ m N rw <L w O r Y X00 \O,�ti0 Exbibit A Page _ 1 _ of „u r w 6�� w Z Z N \ w o w luw 12 W w i��Fws m ¢ E 0 21 Y < \ ¢ u 0. pu Ix Fo ^p xm z 0. `m xi y L Exbibit A Page _ 1 _ of „u r w 6�� Y aNY hm J Old w Exbibit A Page _ 1 _ of „u \ 4 2 \\ i s \ S r0�i O Q W N 1 }� t� v gP� E N\G�oR� Imo Woo J d 0 o °W O F- J J L J �Z3 wi Q Co U in 0 m a 1 \ IAJ z z J z a cy- Q a_ r� a a 00 F� �W E-a° cn . zx oa. a. Z as zW a F w A z 0 UJ z w ca x 0 a Ezhlblt A Page —j�,of,ij-- Exhibit B