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HEX Final Decision 2017-11 HEX NO. 2017— 11 HEARING EXAMINER DECISION PETITION NO. BD-PL20160002220— Brian Coe requests a 24-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 44 feet, to accommodate a new docking facility for the benefit of Lot 22, Landings at Bear's Paw, also described as 1692 Vinland Way, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: April 13, 2017 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 should be approved. ANALYSIS: Two letters of objection were received, no members of the public attended this meeting. The dock proposed is consistent with other dock approvals in this immediate area and meets the criteria required by the Land Development Code. The distance from mean high water is 29 feet and 44 feet from the property line, and per the applicant, is the minimum needed to clear the toe of the rip rap shoreline and establish the minimum water depth for vessel depth. DECISION: The Hearing Examiner hereby approves Petition No. BD-PLPL20160002220, filed by Patrick Scheele of Turrell, Hall & Associates, Inc., representing Brian Coe, for a 24-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 the Land Development Code for a total protrusion of 44 feet to accommodate a docking facility for the benefit of property located at 1692 Vinland Way and further 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 LEGAL DESCRIPTION: Lot 22, Landings at Bear's Paw, according to the plat thereof as recorded in Plat Book 56, Pages 5 & 6, of the Public Records of Collier County, Florida. [16-CPS-01610/1332767/1]46 1 of 2 HEX NO. 2017— 11 HEARING EXAMINER DECISION PETITION NO. BD-PL20160002220— Brian Coe requests a 24-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 44 feet, to accommodate a new docking facility for the benefit of Lot 22, Landings at Bear's Paw, also described as 1692 Vinland Way, in Section 35, Township 49 South, Range 25 East, Collier County, Florida. DATE OF HEARING: April 13, 2017 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 should be approved. ANALYSIS: Two letters of objection were received, no members of the public attended this meeting. The dock proposed is consistent with other dock approvals in this immediate area and meets the criteria required by the Land Development Code. The distance from mean high water is 29 feet and 44 feet from the property line, and per the applicant, is the minimum needed to clear the toe of the rip rap shoreline and establish the minimum water depth for vessel depth. DECISION: The Hearing Examiner hereby approves Petition No. BD-PLPL20160002220, filed by Patrick Scheele of Turrell, Hall & Associates, Inc., representing Brian Coe, for a 24-foot boat dock extension over the maximum 20 feet allowed by Section 5.03.06 the Land Development Code for a total protrusion of 44 feet to accommodate a docking facility for the benefit of property located at 1692 Vinland Way and further 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 LEGAL DESCRIPTION: Lot 22, Landings at Bear's Paw, according to the plat thereof as recorded in Plat Book 56, Pages 5 & 6, of the Public Records of Collier County, Florida. [16-CPS-01610/1332767/1]46 1 of 2 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. a , Date Mar, Strain, Hear g Examiner Approv as to fo and legality: Scott A tone Assistant County Attorney [16-CPS-01610/1332767/1]46 2 of 2 JI OZiOE/a WIO M 03S0d0Nd bMp 31VIS 300 05090,31V.1S-111N213d10V3 Pop em-p sago d p , Z D r N _.7 0 \ ' > oo w J y ,.Z m m : tr co Z AVf E lc' 00'4' \-740011" --' lose„,„.. " Q'm \ CDz r It LDZZ o C1 N0 I Xm *.\\,, t® - rsoON 13 8OC : •.:,,,, W. -- � , 0 0 /1 ; o 62 dog ` 1 Da )� �' � � : ± 0 * _._i > = V \\ > _1 (y, \ Z r— ZD ..r:. zit ANSI. \ Cn \ --•1 r ,,,c-)C. f q2 ' Z 0 o y �%o0 •,110". cn \7 \ , ..... *� NM r<<� \\ 40.1.11. \I., • WN i a a i'', . . . z \ I r a : : : : 0 t� nA� .. .i ' ZK D1 4ao P-1 Lioela �o mm � D = m 0 nm ! P1H!1 iitrz o5 ',4o. It. O T N aNAZ cN iG 2 z o mcg -i m Dr nZ m 1 '8 V'-. I EP, 51 A Tirx n Q o 19',*xw 70 F1zv�m m oy$ cn $moO D ti u� D D z `; - Z 0 m __ ro ,1:, Z N S m r, Exhibit "A"