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AGENDA
THE COLLIER COUNTY HEARING EXAMINER
WILL HOLD A HEARING AT 9:00 AM ON THURSDAY,MARCH 10,2016 IN CONFERENCE ROOM 610 AT
THE GROWTH MANAGEMENT DEPARTMENT/PLANNING®ULATION 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: February 11,2016
4. ADVERTISED PUBLIC HEARINGS:
A. PETITION NO. BDE-PL20150000039— A. Douglas Brodman and Teresa A. Brodman request a
22.8 foot boat dock extension over the maximum 20 feet limit in Section 5.03.06 of the Land
Development Code for a total protrusion of 42.8 feet to accommodate a boat dock facility with a boat
lift for the benefit of Lot 6,Bayfront Gardens,also described as 232 Barefoot Beach Blvd. in Section 6,
Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Daniel J. Smith AICP,
Principal Planner]
B. PETITION NO. BD-PL20150001024- Mike Scott requests a 42.7-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
approximately 62.7 feet, to accommodate the replacement of an existing boat dock facility with a new
dock facility with one boat lift for the benefit of Lot 28, Southport on the Bay, Unit One,also described
as 206 San Mateo Drive, in Section 6, Township 48 South, Range 25 East, Collier County, Florida.
[Coordinator: Rachel Beasley,Planner]
5. OTHER BUSINESS
6. PUBLIC COMMENTS
7. ADJOURN
March 10,2016 HEX Meeting
EXHIBITS
DESCRIPTION PAGE
BDE-PL20150000039
A-Staff Report 4
B-Legal Advertisement 4
BD-PL20150001024
A-Staff Report 6
B-Legal Advertisement 6
* * * * * * *
PROCEEDINGS
HEARING EXAMINER STRAIN: Okay. Good morning,everyone. Welcome to the March 10th
meeting of the Collier County Hearing Examiner's Office.
If everybody will please rise for Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
HEARING EXAMINER STRAIN: Thank you.
A few housekeeping matters: Individual speakers will be limited to five minutes unless otherwise
waived. All decisions are final unless appealed to the Board of County Commissioners,and the decision will
be rendered within 30 days.
Review of the agenda: We have two advertised public hearings,4A and 4B. There are no others
being added or changed at this time.
Approval of the prior minute meetings: I've reviewed those,and they're fine to be recorded as they
are;February 11,2016 minutes.
***And that will take us to the first advertised public hearing. It's Item 4A.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: And I should have started out by announcing it's
BDE-PL20150000039.It's for a boat dock extension at 323 Barefoot Beach Boulevard.
Are there any members of the public here for this item?
(No response.)
HEARING EXAMINER STRAIN: Disclosures on my part: I've reviewed the files,and I've not had
a need to talk to anybody else so--Dan, is this one yours?
MR. SMITH: Yes.
HEARING EXAMINER STRAIN: Yeah. You and I did speak about it yesterday. You asked me
if I had any issues,and I really didn't have any to bring up at the time.
So Exhibit A will be the staff report.Exhibit B will be the legal ad.
Mr.Turley,you're representing the applicant.Would you mind--do you mind saying your name for
the record.
MR.TURLEY: For the record,my name is David Turley,representing the Robin family.
HEARING EXAMINER STRAIN: Okay. Do you have--I've read the entire staff report. I have
no,really,questions other than some comments. Is there anything you want to add to the staff report?
MR.TURLEY: Not at this time.
HEARING EXAMINER STRAIN: Okay. I notice there were no objections. Have you received
any objections to this application?
MR.TURLEY: No,I have not.
HEARING EXAMINER STRAIN: And I'll ask staff the same question,but I can't find any that are
on record.
And I notice that the only criteria you didn't meet was the water depth,but that's because you tried to
avoid the mangroves and went out further;is that correct?
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March 10,2016 HEX Meeting
MR.TURLEY: That's correct.
HEARING EXAMINER STRAIN: Okay. I don't have any other questions,David,so I appreciate
it.And that was another thorough submittal,so thank you for that.
MR.TURLEY: Thank you very much.
HEARING EXAMINER STRAIN: Okay. Is there a staff report?
MR. SMITH: There is a staff report. Staff recommends approval.
HEARING EXAMINER STRAIN: And,Dan,did you have any objections received since the
issuance of the staff report or anything?
MR. SMITH: No,I did not.
HEARING EXAMINER STRAIN: Okay. And is there anybody here from the public for this
matter? I don't recognize anyone being here.
Okay. With that,we'll close the hearing,and a motion--or a decision will be rendered within 30
days,most likely within the next week.
MR.TURLEY: Thank you very much.
HEARING EXAMINER STRAIN: Thank you,Mr.Turley.
***The next item up is Item 4B. It's boat dock PL20150001024. It's 206 San Matteo Drive,boat
dock extension.
All those wishing to testify on behalf of this item,please rise to be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
HEARING EXAMINER STRAIN: Okay. Disclosures on my part: I've reviewed the files,and I
spoke with staffjust as the meeting started.
One question I have of staff,this is shown on--let me find the right document. It's a BD instead of
BDE. Is there a significance for that change in designation?
MS.BEASLEY: No,there is not.
HEARING EXAMINER STRAIN: Okay. So this technically should be BDE then;is that right?
MS.BEASLEY: I believe so. Most of them are,yes.
HEARING EXAMINER STRAIN: Yeah,most of them are,yes.
MS.BEASLEY: Yes.
HEARING EXAMINER STRAIN: Okay. Now,as far as representing--the applicant is Greg
Orick,Greg Orick II Marine Construction. Would you mind approaching the mike and stating for the record
your name and that you're representing them.
MS.LINDSLEY: My name is Holly Lindsley,and I'm representing Mr.Scott at 206 San Mateo.
HEARING EXAMINER STRAIN: Okay. Did staff receive anything recognizing Ms.Lindsley as
the representative of Mr.--the property owner? And you work for Orick Marine then?
MS.LINDSLEY: Yes,I do.
HEARING EXAMINER STRAIN: Okay.
MS.ASHTON-CICKO: The affidavit of authorization is for Greg Orick II Marine Construction,Inc.
HEARING EXAMINER STRAIN: And she works for Greg II Marine Construction,Inc.; is that
what you stated?
MS.LINDSLEY: Yes,sir.
MS.ASHTON-CICKO: So that's sufficient.
HEARING EXAMINER STRAIN: Okay. You've not had--you've got two letters of--or
statements of no objections from the neighbors.
MS.LINDSLEY: Yes,sir.
HEARING EXAMINER STRAIN: Have you received any objections other than--any objections or
other notifications?
MS.LINDSLEY: No,sir.
HEARING EXAMINER STRAIN: Okay. As far as additions to the staff report,do you have
anything you want to add to the record?
MS. LINDSLEY: No,sir.
HEARING EXAMINER STRAIN: Thank you.
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March 10,2016 HEX Meeting
And there is one item that I discussed with staff that I'd like them to kind of weigh in on at this point. I
notice that you're required to replant the conservation easement along the back side,but there was no timing for
that replanting.Typically,those arc required to be replanted before the CO is obtained on the dock,and that
stipulation is one that staff would like to add,if I'm not mistaken.
MS. BEASLEY: That is correct.
HEARING EXAMINER STRAIN: Do you have any objection to that stipulation?
MS. LINDSLEY: No,sir.
HEARING EXAMINER STRAIN: Okay. Other than that.I don't have any questions or comments.
And if you don't have anything you want to add,then at this point I do thank you.
MS. LINDSLEY: Okay.
H.EARING EXAMINER STRAIN: And we'll move to staff report. Is there a staff report,Rachel?
MS. BEASLEY: Yes,there is,and it's recommending approval with the stipulation that the
reservation work is detailed,and the approved restoration plan must be completed by time of certificate of
completion for the dock.
HEARING EXAMINER STRAIN: Okay. And that works. And,again,there was no objections
received.
Is there any members of the public here?
(No response.)
HEARING EXAMINER STRAIN: Seeing none,we will close this hearing,and a decision will be
rendered within 30 days but most likely within seven to 10 days.
Thank you for attending. I sure appreciate it.
And with that,this meeting is--there's no other business for this meeting,so the meeting's adjourned.
Thank you all.
There being no further business for the good of the County,the meeting was adjourned by order of the
Hearing Examiner at 9:07 a.m.
COLLIE COUNTY HEA ING EXAMINER
MARK STRAIN,HEARING EXAMINER
ATTEST
DWIGHT E.BROCK,CLERK
These minutes approved by the Hearing Examiner on ' ,as presented
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC.,
BY TERRI LEWIS,COURT REPORTER AND NOTARY PUBT.IC.
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