HEX Final Decision 2015-45 HEX NO. 2015—45
HEARING EXAMINER DECISION
PETITION NO. BD-PL20150001141 — Gregory Gatlin requests an 18.3 foot boat dock
extension over the maximum 20 feet allowed by Section 5.03.06 of the Land Development
Code, for a total protrusion of 38.3 feet, to accommodate the expansion of an existing boat
dock facility with one boat slip for the benefit of Lot 191, Isles of Capri Unit No. 2
subdivision, also described as 172 W. Pago Pago Drive, in Section 32, Township 51 South,
Range 26 East, Collier County, Florida.
DATE OF HEARING: December 10, 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. Staff received one letter of objection and one
objection by phone; prior to the meeting both objections were withdrawn after review of the staff
report.
This boat dock extension requests 18.3 feet; a previous boat dock extension was approved for 13
feet.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20150001141, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc., representing Gregory Gatlin, for an 18.3 foot boat dock
extension over the maximum 20 feet allowed by the Land Development Code for a total
protrusion of 38.3 feet to accommodate the expansion of an existing docking facility on the
property described herein, in accordance with the Proposed Site Plan attached as Exhibit "A",
and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Proposed Site Plan
[15-CPS-01463/1227265/1P 1 1 of 2
LEGAL DESCRIPTION: Lot 191, Isles of Capri No. 2, a subdivision according to the Plat
thereof recorded at Plat Book 3, Page 46, in 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.
— Ckk/(4 /91:1"
Date Mask Strain, Hearing Examiner
Appr,ved as to form .id legality:
Scott A
Assistant County Attorney
[15-CPS-01463/1227265/1P1 2 of 2
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Exhibit "A"