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HEX Transcript 02/25/2016 r February 25,2016 HEX Meeting TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples,Florida February 25,2016 LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of Collier,having conducted business herein,met on this date at 9:00 a.m.,in REGULAR SESSION at 2800 North Horseshoe Drive,Room 609/610,Naples,Florida,with the following people present: HEARING EXAMINER MARK STRAIN ALSO PRESENT: Raymond V.Bellows,Zoning Manager Rachel Beasley,Planner Heidi Ashton-Cicko,Managing Assistant County Attorney Page 1of3 AGENDA THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,FEBRUARY 25,2016 IN CONFERENCE ROOM 610 AT THE GROWTH MANAGEMENT DEPARTMENT/PLANNING&REGULATION BUILDING,2800 N. HORSESHOE DRIVE,NAPLES,FLORIDA INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT PART OF THE RECORD. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED TO THE BOARD OF COUNTY COMMISSIONERS. HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF, PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE. PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL ADDRESS. 1. PLEDGE OF ALLEGIANCE 2. REVIEW OF AGENDA 3. APPROVAL OF PRIOR MEETING MINUTES: January 28,2016 4. ADVERTISED PUBLIC HEARINGS: A. PETITION NO. BD-PL20150001918 — Bob Mosley requests approval of a boathouse pursuant to Section 5.03.06 F. of the Land Development Code, for a new roof over a permitted boat dock facility located on the east side of Lot 1, Block D,Conner's Vanderbilt Beach Estates Unit#1,also described as 295 Channel Drive, in Section 29,Township 48 South,Range 25 East, Collier County,Florida. [Coordinator: Rachel Beasley,Planner] 5. OTHER BUSINESS 6. PUBLIC COMMENTS 7. ADJOURN February 25,2016 HEX Meeting EXHIBITS DESCRIPTION PAGE BD-PL20150001918 A-Staff Report 2 B-Legal Advertisement 2 HEARING EXAMINER STRAIN: Good morning.Welcome to the meeting of the Hearing Examiner's Office. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER STRAIN: Thank you. Reviewing the agenda,we have one item on today's agenda. A couple housekeeping matters: Individual speakers will be limited to five minutes unless otherwise waived. Decisions are final unless appealed to the Collier County Commissioners. A decision will be rendered within 30 days. Item 3,Approval of Prior Meeting Minutes,January 28,2016. Those have been reviewed and they are good to be recorded as submitted. Which takes us to our first advertised public hearing. It's Petition No.BD-PL20150001918. It's the Bob Mosley boathouse in Vanderbilt Beach Estates. All those wishing to testify on behalf of this item,please rise and be sworn by the court reporter. (All speakers were duly sworn.) HEARING EXAMINER STRAIN: My disclosures on this: I've talked with staff,I've reviewed the files,spoken with the attorney this morning,Greg Nelson. And Exhibit A will be the staff report.Exhibit B will be the legal ad. (Exhibits A and B were marked for identification.) HEARING EXAMINER STRAIN: With that in mind,Mr.Nelson,if you don't mind approaching the mic. There are no members of the public here for this,and we've received no written opposition to it. I've read the complete staff report. I have no questions or comments. I didn't know if you wanted to add anything to the report. MR.NELSON: I feel just like you,I don't have any questions or comments either. THE COURT REPORTER: Can I have your name,please. MR.NELSON: I'm sorry. Ben Nelson representing Nelson Marine Reconstruction on behalf of the applicant,for the record. Anyway,but I would be glad to any answer questions anyone has. But it seems to be pretty straightforward. HEARING EXAMINER STRAIN: Yes,it is. And I've got a comment to that to staff in a minute. Thank you. MR.NELSON: Okay. Thank you very much. HEARING EXAMINER STRAIN: Rachel,as a staff member do you have anything you want to add to the staff report or any comments? MS.BEASLEY: I have nothing more to add. HEARING EXAMINER STRAIN: In reading this,one thing that was apparent,if--I'm very glad that this didn't have to go to the Planning Commission in a longer process than you have already had to face, but also I don't whether staff would ever want to consider this,but when you have a roof cover over a boat,such as this,and it meets all of the criteria and it's within the 20 feet,I'm not sure we really need to have this formal of a process for it. Maybe it's something we should consider as an LDC amendment going down the road.So a lot of time consumption that I can't find the necessary for. Staff certainly has the capabilities of reviewing Page2of3 February 25,2016 HEX Meeting against the code. So,with that in mind,are there any members of the public that have any comments on this? (No response.) HEARING EXAMINER STRAIN: And since no one is here, it's obviously no. We'll close the public hearing and a decision will be rendered within 30 days,most likely within seven, usually within seven days,or 10 days. It will be recorded then and sent to you by email. MR.NELSON: Thank you very much. HEARING EXAMINER STRAIN: Thank you,sir. There is no other business,no public comments. With that,this meeting is adjourned. There being no further business for the good of the County,the meeting was adjourned by order of the Hearing Examiner at 9:05 a.m. COL .IE COUNTY HEAR (i EXAMINER / / t/ 4./ , MARK STRAIN,`-fearing xaminer ATTEST DWIGHT E. BROCK,CLERK These minutes approved by the hearing Examiner on C1 " 1` ,+ ' `s.:- as presented or as corrected . Transcript prepared on behalf of Gregory i Reporting Service,Inc.,by Elizabeth Brooks,RPR. Page 3 of 3