HEX Final Decision 2017-23 HEX NO. 2017—23
HEARING EXAMINER DECISION
PETITION NO. BD-PL20160002974 — John Gagne requests approval of a boathouse
pursuant to Section 5.03.06 F. of the Land Development Code, for a new boathouse on Lot
13, Block U, Conner's Vanderbilt Beach Estates Unit No. 3 subdivision, also described as
288 Flamingo Ave, in Section 29, Township 48 South, Range 25 East, Collier County,
Florida, consisting of 0.22± acres.
DATE OF HEARING: August 24, 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:
No objections have been received for this application and no members of the public, other than
those associated with the Applicant, attended the hearing. One adjacent neighbor provided a
statement of no objection.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20160002974, filed by Holly
Lindsly and Bill Nelson of Greg Orick II Marine Construction, Inc., representing John Gagne,
for a new boathouse pursuant to Section 5.03.06 F. of the Land Development Code, on the
property located at 288 Flamingo Avenue 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 13, Block U of UNIT NO. 3 CONNER'S VANDERBILT
BEACH ESTATES, according to the Plat thereof as Recorded in Plat Book 3, Page 89, of the
Public Records of Collier County, Florida.
[16-CPS-01631/1360272/1]26 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.
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Date Mar Strain, Hearing Examiner
App .ved as tsorm and legality:
Scott A. Stone
Assistant County Attorney
[16-CPS-01631/1360272/1]26 2 of 2
LEGEND LOT 13, BLOCKBEACH "U", CONNERIESTATESUNIT'S NO.VANDERBILT3
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LOC NON VE .Miu SCALE 1-�30'
N 89' 45' 20' E 80.00' R 0
R/W UNE
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1.0T 14 4 LOT 13 LIZ, LOT 12
(VACANT) 3 - (OCCUPIED) (OCCUPIED)
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COSMO CONCRETE SEAWALL AND CAP
0 EXIS NG CONCRETE SEAWML AND CAP - 0__- �S'
0.- 494-S 89' 45' 2W_ 80.00' (R) " .4
PROPERTY UNE EMENDED,, I 'q iwid •,r r tt I•`
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\---1 I .� f I . �l -15.^-.Pi �PROPERTY UNE DOENDED
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1PROPOSED-
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1 PLATFORM LIFT/ AFk LNG UEYTO
-PROPOSED NEW
DDAT OUSSE AMT.=I O I O� LL SnDF PROPD'SEO .=
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iSITE PUN PREPARED FOR:
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1 -WATERWAY GREG ORICK II
MARINE CONSTRUCTION
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A SURVEY OF THE HEREON DEO PROPERTY
WAS577A MADE
LEY�KF UNDER MYE AND CMEEE MEAND ETS IRE
FAC, PVRSUANT TD SE 452.027, EWE/
SURVEYOR'S NOTES: STANTES. NO OMER PERSON OR ENRTY MAT RELY
L NRAmRDlutis AR a tm me OBLlW1 molmr. ON DOS SURVEY. NO ABSTRACT WAS REVIEWED
Howells ARE E iN I: Hao n! .1 11 MIO NO TIRE OPINION IS EXPRESSED.
NAV IC WYNN A iAY»IPL IOAOnIe O. '
1 Mow=Lot MINN max Ii � REAM LOT UNE L01 ` SL'-�r� C((,• /
BASIS OF BEARINGS: /
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if.MOS ONSEa ON CUT. LOT 35, POCKY 4gVN 1a P.sJL
/ RDRtBTM71Q1/6109
LEGAL DESCRIPTION _��AtA T�pq1 ,
IDT 13,BLOC(U,CONNEWS wioonLT MACH ONt aO d FUrODA OA AIO MMPO1
ISOM mer NO.a AS=OM=a RAT afOC a Int
mar NI 4 9C OSLO CaMTY PUKE RELdmi
C OOP/RIONT MEL NATION LAC SURVEYORS,WC. (2015) PROPOSED SITE PLAN
. MEL HAT TO N MN
ma C01/SRmaws
WSIONZ�� FLAWINCOP_ ,>m
L '•�� LAND SURVEYORS, INC. 1 „r
1 /913 EAST GRACE STREET, PUNTA COMA. FLORIDA. 33950. _� -_ l 54-_r'._5y
(YDS) 460-9949 -16-E_`��.R-��moo r
Exhibit "A"