HEX Final Decision 2017-25 HEX NO. 2017—25
HEARING EXAMINER DECISION
PETITION NO. BD-PL20170000565 — Jill Gaynor requests a 56-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 76 feet, for a boat dock facility located at 75 Pelican Street W, on the
north side of Pelican Street W. approximately one third mile west of Capri Boulevard, in
Section 31, Township 51 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 12, 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.
This is an existing dock with a kayak launch. The dock was originally permitted and approved at
its current location and configuration; however, the actual protrusion of the dock is 6 feet longer
than the measurement indicated in the original dock extension. This application confirms the
actual dock length and provides no further extension beyond what has existed. In addition, there
is an existing kayak launch that extends into the required side setback. This application relocates
the kayak launch outside of the required setbacks.
DECISION:
The Hearing Examiner hereby approves Petition No. BD-PL20170000565, filed by Jeff Rogers
of Turrell, Hall & Associates, Inc.., representing Jill Gaynor, for a 56-foot boat dock extension
over the maximum 20 feet allowed by the Land Development Code for a total protrusion of 76
feet to accommodate a boat dock facility 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
Exhibit B —Legal Description
[17-CPS-01669/1369821/1144 1 oft
LEGAL DESCRIPTION: See Exhibit"B".
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. An ST permit must be approved prior to the issuance of permits for the boat dock.
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 T E NING MAP FOR
INFORMATIONAL PURPOSES.
10 - 11 11 4t)./(1-
Date Mtrain, Hearing Examiner
Approi d as to form and legality:
.iii
Sco A. Ston-'
Assistant County Attorney
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Exhibit "A"
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Exhibit "B"
Legal Description
Lot 109, less the Westerly 5 fe 1 thereof, Isle of Capri, Nm 1, according to the map or plat thereof as
recorded in Plat Book 3,Page 41, Public Records of Collier County,Florida.
Together with:
A portion of Section 31, Township 51 Smith, Range 26 East, Collier County tying northerly of Lot
109, Isles of Capri No.1,according to the Plat thereof, recorded in Plat Book 3,Page 41,of the Public
Records of Collier County, Florida and southerly of the line described in Official Records Book 3464
at Page 0751 of the Public Records of Collier County, Florida being more particularly described as
follows:
Beginning at the Northeast corner of Lot 109, Isles of Capri No.1, according to the Plat thereof,
recorded in Plat Book 3,Page 41, of the Public Records of Collier County, Florida; thence run North
27°35'47" West, for a distance of 26.90 feet to the Point of Beginning of the line described in Official
Records Book 3464 at Page 0751 of the Public Records of Collier County, Florida; thence along said
described line the following four(4) courses: South 65°56'11" West, for a distance of 9.15 feet; South
61°53'40" West, for a distance of 13.22 feet; South 76°11'25" West,for a distance of 13.96 feet; South
76°52'48" West, for a distance of 22.56 feet to the Point of Terminus of said described line; Thence
South 12°39'55" East, for a distance of 4.74 feet the northwesterly corner of said Lot 109, less the
Westerly 8 feet thereof; thence run South 89°19'00" East, along the north line of said Lot 109, for a
distance of 67.00 feet to the Point of Beginning.
Parcel Identification Number: 52344120005