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HEX Final Decision 2017-07 HEX NO. 2017—07 HEARING EXAMINER DECISION PETITION NO. BD-PL20160000357 — Michael Whalen requests approval of a boathouse pursuant to Section 5.03.06 F. of the Land Development Code, for a new boathouse located on Lot 4, Block F, Brookside Subdivision Unit No. 3, Plat No. 2, also described as 1792 Holiday Lane, on the west side of Holiday Lane, just north of Estey Avenue, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. DATE OF HEARING: March 9, 2017 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: At thetime t e of the issuance of the Staff Report, no letters of objection or support had been received by staff. On March 3rd a neighbor across the street from the applicant provide a letter of support. Several members of the public attended the hearing and provided testimony. The size of the structure and boat access to the dock were noted as concerns. The applicant is maintaining the required fifteen foot setbacks for both the dock and the boathouse. The dock is not part of this review, however, it does extend seventeen feet, four inches into the waterway, which is less than the allowed twenty-five percent. Concern over the height and mass of the boathouse was expressed, however, the structure is limited to fifteen feet in height by the Land Development Code. The boathouse roof will match the roof materials used on the principle structure. While the dock is fifty-five feet wide where it abuts the seawall, the boathouse will straddle a portion of the dock with a covering less than thirty-nine feet in length. DECISION: The Hearing Examiner hereby approves Petition No. BD-PL20160000357, filed by Michael J. Whalen, for approval of a new boathouse 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 [16-CPS-01612/1325461/1}21 1 of2 LEGAL DESCRIPTION: Lot 4, Block F, Brookside Subdivision, Unit No. 3, Plat No. 2, according to the Plat thereof, of record in Plat Book 3, Page 99, 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. Date Mark S ain, Hearing Examiner Appro,ved as to form and legality: Scott A Stone Assistant County Attorney [16-CPS-01612/1325461/1]21 2 oft 7 m m co go Exhibit "A" m Pagel of-3 z m g m ---- __ LINE m — RIPARIAN IP J - � DN0ml• ' v mm O' • C.) 0 • mm� I o co co j mC v v C--0 c�n ® r C7 oD r r- v °' °' - _ v � z z z 0 0 f -1 --r° COoCOoCOo co f �---— Z � �� GC D O coCn > nWlo =1Dnm i■iir m 0mis r -411:111111E m � v0N m mZD 2 ,�i' 0mC) p _ S — Z 03 73 r cn 71II ! r Dp '.D- D" --/ m 70 9, O N i -- — gzaoyv O N vm C D rn m r m m Oi z* Tr 0 00 JJ x) C ,, mv_ m 7m = O 0orvm-i 0� Z OT 090m mczi 0 Ntn 0 .• _ m00-zm fj Q AWm�v� T -. uwDo> . 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