HEX Final Decision 2015-37 HEX NO. 2015—37
HEARING EXAMINER DECISION
PETITION NO. BD-PL20140000506 — Richard McCord requests a 26.2-foot boat dock
extension over the maximum 20 feet limit in Section 5.03.06 of the Collier County Land
Development Code for a total protrusion of 46.2 feet to accommodate a new boat dock
facility with one boat, for the benefit of Lot 24, Block S, Conner's Vanderbilt Beach Estates
Unit No. 3, in Section 29, Township 48 South,Range 25 East, Collier County, Florida.
DATE OF HEARING: October 8, 2015
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant 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 is approved.
ANALYSIS:
No members of the public were in attendance. Prior to the meeting four emails were received;
one in favor and three expressing concerns.
One concern was the expansion of the dock to 46.2 feet. The requested extension is 7.1 feet over
the existing facility. This extension allows the applicant to place the reconfigured dock parallel
to the shore line instead of perpendicular as it exists currently. Parallel access will greatly reduce
the need to maneuver within the navigational channel to access this dock.
Another email questioned the need for two dock spaces since a long parallel dock existed and an
extended perpendicular dock "far out" into the waterway was not necessary. The perpendicular
dock adds a 7.1 foot extension to the existing location and the reconfiguration of the overall dock
reduced the parallel length from 44.2 feet to 20 feet.
In another email, an adjoining property owner requested that the applicant move his dock further
south and reduce the extension needed by removing mangroves and dredging. The applicant's
dock location is located substantially farther from the required minimum distance to the
adjoining property (51 feet from the riparian line versus the minimum required 15 foot side
setback) and extensions are allowed to avoid the removal of mangroves and dredging.
Testimony from the applicant's representative at the meeting stated that after talking with the
neighbor, the objections were resolved.
[15-CPS-01454/1214658/1]34 1 of2
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20140000506, filed by David Turley
of ADK Permitting Solutions, LLC, representing Richard K. McCord, for a 26.2-foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 46.2 feet to accommodate a docking facility for one boat, on the property located at
110 Egret Avenue, Naples, Florida, and more fully described herein, in accordance with the
Proposed Dock Detail attached as Exhibit"A", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Dock Detail
LEGAL DESCRIPTION: Lot 24, Block S, Conners Vanderbilt Beach Estates Unit No. 3,
according to the Plat thereof as recorded in Plat Book 3, Page 89, of the Public Records of
Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
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. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. 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.
10- (S- IS 0,1 , Q"a
Date Mar Hearing Examiner
Approve. :s to form an legality:
Scott A Stone
Assistant County Attorney
[15-CPS-01454/1214658/1]34 2 of 2
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Exhibit A