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Agenda 04/24/2012 Item # 8A4/24/2012 Item 8.A. EXECUTIVE SUMMARY VA- PL20110001410, Wahl Variance, A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. OBJECTIVE: To have the Board of Zoning and Appeals (BZA) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced variance petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The purpose of the project is to rebuild a pre- existing, nonconforming (grandfathered) 363 square -foot dock serving two vessels within its existing footprint. In order to rebuild the dock in its existing footprint, the existing "T" shaped dock will be rebuilt into an "L" shaped dock to allow a boat lift along the eastern side of the dock. The proposed "L" shaped dock is 5.5 to 7.5— foot wide and totals 348± square feet. The dock protrudes 54.3 feet into an 800 -foot long waterway (as measured from the mean high water line (MHWL) to MHWL). In addition, there are two proposed boat lifts serving two vessels: one is located on the eastern side of the dock and the other on the southern side of the dock. A Variance is sought to allow the construction of a second boat lift located 9.3 feet from the eastern side riparian line. On March 15, 2012, the CCPC approved a companion Boat Dock Extension (BDE) petition, BDE- PL20110001409, for a proposed 34.6 -foot extension to the maximum allowed 20 -foot boat dock facility. The boat dock extension allows for a total protrusion of 54.6 feet which includes one boat lift. Although the CCPC approved this specific BDE, it recommended the denial of the side riparian line variance for the second boat lift. If the variance is denied by the BZA, the property owner can still moor the vessel on the side of the dock but may only do so without a boat lift. For this reason, Staff is of the opinion that the request for the second boat lift on the side of dock should be approved, as there is already a second vessel moored on the side of the dock. The Conceptual Site Plan entitled "Wahl Dock - Proposed Design" dated May 11, 2011, and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat dock and boat lifts. According to information provided by the applicant, the neighbor to the west of the subject site has an existing, approximately 35 -foot long boat dock with a boat house. The neighbor to the east has an existing, approximately 35 -foot long boat dock. In addition, Staff has received four Pagel of 3 VA- PL20110001410, Wahl Variance April 11, 2012 Packet Page -17- 4/24/2012 Item 8.A. letters of objection from surrounding neighbors. FISCAL IMPACT: The Variance request by and of itself will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single - family, multi - family, duplex, mobile home and mixed -use projects. As previously noted, the subject petition seeks a variance for a single - family home that is located within a single- family subdivision, which is an authorized use in this land use designation, therefore, the single - family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the plan deals with the larger issue of the actual use. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION• The CCPC heard petition VA- PL20110001410 on March 15, 2012, and by a vote of 7 to 1 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of denial. The CCPC denied this Variance petition because the property owner did not demonstrate that there is a hardship to allow the construction of a second boat lift located within the side yard riparian setback. It should be noted that the CCPC approved the companion Boat Dock Extension subject to the elimination of the boat lift on the east side of the existing dock facility. Because of the CCPC recommendation for denial and letters of objection have been received, this petition has been placed on the Regular Agenda. LEGAL CONSIDERATIONS: The Petitioner is requesting a Variance to allow a side riparian line variance for a boatlift. The granting of such a Variance is permitted under LDC §9.04.02. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04.02.A requires that "based upon the evidence given in public hearing, and the findings of the Planning Commission" you "should determine to the maximum extent possible if the granting of the Variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare." Should you consider denying the Variance, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Page 2 of 3 VA- PL20110001410, Wahl Variance April 11, 2012 Packet Page -18- 4/24/2012 Item 8.A. In granting any Variance, the Board of Zoning Appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Criteria for Variances: 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. 2. There are special conditions and circumstances which do not result from the action of the applicant, such as pre- existing conditions relative to the property which is the subject of the Variance request. 3. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will be the minimum Variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. 5. Granting the Variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is necessary for Board approval. - STW RECOMMENDATION: While the CCPC recommends denial of the Variance, Staff recommends that Board of Zoning Appeals approve the Variance request for VA- PL20110001410. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning & Land Development Review Attachments: 1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 5) Application VA- PL20110001410, Wahl Variance Page 3 of 3 April 11, 2012 Packet Page -19- COLLIER COUNTY Board of County Commissioners Item Number: 8.A. 4/24/2012 Item 8.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. VA- PL2011 -1410, Wahl Variance — A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. Meeting Date: 4/24/2012 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 3/28/2012 2:16:42 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/29/2012 10:59:04 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/30/2012 9:08:41 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 3/30/2012 10:15:52 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/11/2012 5:16:15 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Packet Page -20- Date: 4/12/2012 4:10:48 PM Name: KlatzkowJeff Title: County Attorney Date: 4/13/2012 11:14:30 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/13/2012 12:06:44 PM Name: OchsLeo Title: County Manager Date: 4/14/2012 2:25:07 PM Packet Page -21- 4/24/2012 Item 8.A. 4/24/2012 Item 8.A. Cot 'per County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF LAND DEVELOPMENT SERVICES GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION HEARING DATE: MARCH 1, 2012 SUBJECT: PETITION VA- PL20110001410 WAHL VARIANCE COMPANION ITEM: BDE- PL20110001409 PROPERTY OWNER/AGENT: Owner: Fred and Marci Wahl 100 Port Dock Road Reedsport, OR 97467 REQUESTED ACTION: Agent: Joshua W. Maxwell, EIT Turrell, Hall and Associates 3584 Exchange Avenue Naples, FL 34104 To have the Collier County Planning Commission (CCPC) consider an application for a proposed variance from the required side yard riparian line setback of 15 feet for property with more than 60 feet of water frontage to 9.3 feet as provided for in Section 5.03.06 E.5 of the Land Development Code (LDC). The requested action (if approved) would allow a dock facility at 9.3 feet from the riparian line. GEOGRAPHIC LOCATION: The subject property is located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range '26 East in Collier County, Florida. (See location map on following page) PURPOSE/DESCRIPTION OF PROJECT: The purpose of the project is to rebuild a grandfathered 363 square -foot dock serving two vessels within its existing footprint. The proposed dock is an "L" shaped dock that includes a 5.5 to 7.5— foot wide dock totaling 348± square feet over water. The proposed dock protrudes 54.3 feet into an 800 -foot long waterway (as measured from the mean high water line (MHWL) to MHWL)). 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In order to rebuild the dock in its existing footprint, the existing "T" shaped dock will be rebuilt into an "L" shaped dock to allow a boat dock lift along the eastern side of the dock. A variance is sought to allow a dock facility at 9.3 feet from the riparian line. This variance petition is a companion application to a boat dock extension petition, BDE- PL20110001409, for a proposed 34.6 -foot extension to the maximum allowed 20 foot boat dock which would (if approved) would allow a 54.6 -foot long dock. The Conceptual Site Plan entitled "Wahl Dock - Proposed Design" dated May 11, 2011, and prepared by Turrell, Hall & Associates, Inc. illustrates the location of the proposed boat dock and boat lifts. (See Site Plan on previous page). According to information provided by the applicant, the neighbor to the west of the subject site has an existing, approximately 35 -foot long boat dock with a boat house. The neighbor to the east has an existing, approximately 35 -foot long boat dock. In addition, Staff has received two letters of objection (see Attachment B). SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: Single- family residence, with a zoning designation of RSF -4 North: Pelican Street West, then a Single - family residence, with a zoning designation of RSF -4 East: Single- family residence, with a zoning designation of RSF -4 South: Big Marco River West: Single- family residence, with a zoning designation of RSF =4 VA- PL20110001410 WAHL VARIANCE March 5, 2012 Packet Page -25- 4/24/2012 Item 8.A. W"L 0 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential land use classification on the County's Future Land Use Map (FLUM). This land use category is designed to accommodate a variety of residential uses including single family, multi- family, duplex, mobile home and mixed -use projects. As previously noted, the subject petition seeks a variance for a single family home that is located within a single - family subdivision, which is an authorized use in this land use designation, therefore, the single family home use is consistent with the FLUM. The Growth Management Plan (GMP) does not address individual variance requests; the Plan deals with the larger issue of the actual use. ANALYSIS: Section 9.04.01 of the Land Development Code gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A. through H. (in bold font below), as general guidelines to assist in making their recommendation of approval or denial. Staff has analyzed this petition relative to these provisions and offers the following responses: VA- PL20110001410 WAHL VARIANCE March 5, 2012 Packet Page -26- 4/24/2012 Item &A. a. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. According to information provided by the applicant, the subject property is located in an aquatic preserve. The Department of Environmental Protection (DEP) limits the protrusion of docks to -4 feet MLW (mean low water) unless a dock is rebuilt within the former footprint of the existing dock. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre - existing conditions relative to the property, which are the subject of the Variance request? Yes. The original "T" shaped dock was constructed by a different owner. In addition, according to information submitted by the applicant, there are strong currents in the Marco River that make it difficult to maneuver. There are also two existing dock which belong to the neighbors on either side. The neighbor to the west has a dock located only 3.5 feet away from the subject property. Therefore, to allow safe mooring, the proposed boat dock configuration was developed. C. WiII a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. The existing site conditions, mentioned above, make it difficult for the applicant to moor his vessel safely. The proposed "L" shaped dock is intended to make it easier to moor the vessels. d. Will the Variance, if granted, be the minimum Variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The proposed dock is reasonable while still allowing for safe access for the vessel to moor within the riparian area. e. Will granting the Variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. Most other neighboring properties moor two vessels. This property owner is seeking the same. f. Will granting the Variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Yes. The proposed dock design will reduce the impact on the neighboring dock to the west by relocating boat mooring to the east side of the dock. In addition, the proposed dock will have no impact to navigation in the river. VA- PL20110001410 WAHL VARIANCE March 5, 2012 Packet Page -27- 4/24/2012 Item 8.A. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The boat dock is located within the Rookery Bay Sanctuary Aquatic Preserve. Because of this, the applicant is restricted to rebuilding the existing dock rather than reconfiguring the dock's location to accommodate two vessels without a variance. h. Will granting the Variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This variance petition was not required to go before the EAC for review and approval. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report VA -PL- 20110001410, revised February 29, 2012. - STW RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition VA- PL- 20110001410, Wahl Boat Dock Variance to the Board of Zoning Appeals (BZA) with a recommendation of approval. VA- PL20110001410 WAHL VARIANCE March 5, 2012 Packet Page -28- PREPARED BY: NANCY gLTIt DLA H, AICP, PRINCIPAL PLANNER DEPARTMENT Of LAND DEVELOPMENT SERVICES REVIEWED BY: < RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES )FALLIAM D. RE —JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES BY: NICK CASALANG-6IDA, I1 PU45-Y-A MINISTRATOR GROWTH MANAGEMENT DIVISION MARK P. STRAIN, CHAIRMAN 4/24/2012 Item 8.A. :' 6 ° .. DATE Lr P v. DATE DATE 3 - - -IL DATE DATE Tentatively scheduled for the April 24, 2012 Board of County Commissioners Meeting Attachment: A. Resolution Attachment: B. Letters of Objection VA- PL20110001410 WAHL VARIANCE March 5, 2012 Packet Page -29- m r��rWh A � t� axe r r R b g U = O F (n J x� Cl) � 3Ar vwmw S n uwi o Q d R = C Ym m pug S Rme m $ R 6 m � O Q R \o m .-1 z LU t a mo 0 U i L m T LL 1 3ND6 m , / 7 mmmw AIL iw CL 0 z z 0 N 04 N J a 4 z 0 w a IMF. L Z O Q U O J N N O � r r iw CL 0 z z 0 N 04 N J a 4 z 0 w a IMF. 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LU U �oQio ? �s O M J O taol DocksCADISHEEWERMT- COUNTY%1115 WAHL BDE.dn SECTION WH01201 Packet Page -36- 4/24/2012 Item 8.A. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NI.TMBER VA-PL201100411410, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 15 FEET TO 9.3 FEET ON THE EASTERN BOUNDARY OF THE PROPERTY LOCATED AT 8 PELICAN STREET WEST, ISLES OF CAPRI IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA WHEREAS. the Legislature of the State of Florida in Chapter 125. Florida Statutes. has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41. as amended) which establishes regulations for the zoning of particular geographic divisiows of the County, among which is the granting of variances, and WHEREAS. the Collier County Board of'Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance from Section 5.03.06.E.5 of the Land Development Code to permit a reduced side yard (riparian) setback from 15 Iecl to 93 feel as shown on the attached Exhibit "A". in the RSF-1 Zoning District for the property hereinafter described. and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County-, and WHEREAS. all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW. THEREFORE. BE IT RESOLVED 13Y T14E BOARD OF ZONTNG APPEALS OF COLLIER COUNTY. FLORIDA that: Petition Number VA-PI.20110001410 filed by Joshua Maxwell ol'Turrell. Hall and Associates, Inc. with respect to the property hereinafter described as: Lot 11. Isles of Capri No. 1. according to the plat thereof as recorded in Plat Book No. 3. Page 41, of the Public Records of Collier County, Florida Folio No. 52340400004 be and the same hereby is approved for a variance to permit a reduced side yard setback from I.; feel to 9.3 feet as shown on the attached Exhibit "A", in the RSF-I Zoning District, wherein said property is located. Wahl Variance !VA-I'L2011-14 10 Rev, 12/8/11 1 ot'2 Packet Page -37- BE IT FURTHER REsoi,w.r) that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this —, day of . 2012. ATTEST: DWIGHT E. BROCK, CLERK 0 Deputy Clerk, Approved as to form and legal sufficiency: L.—; 2U_ Steven T. Williams Assistant County Attorney Attachment: Exhibit A - Site Plan CV1, I I -CPS-0 1126,9 Wahl Variance NA-11.2011-14 10 Rev. 1218,111 BOARD OF ZONING APPEALS COLLIER couNTy. FLORII)A By: FRED W. COYLE. Chairman 2 of* Z Packet Page -38- A. Zz �-- �O-f 4/24/2012 Item 8.A. CO WA MIX its ■ ■ W Li fm Uj 0 -f- WLL ©:a iti cc uw ao 7 ---------- A( 9NI*l NV18VdIH w Co uw W 115 FRC."jNh !2117.'011 RAND Jot&s � Packet Page -39- 0 o z tai (D uj (p, a 4s w 1:04 012 |fp0 8.A. From: Josh Maxwell [Josh@turrell-associates.com] Sent: Wednesday, February 29, 2012 3:26 PM To: umunmlacnmancy RE Petition #BDE-PL2011OOO140S 0ancy' WE,, understand Mr. Spiegcl;s concerns but feel he rn:)y not fuliy understand wn,),, the Wahl's need the BDi,7 and Va-ianc- Heasmn for BOE: TheWah|sarenntrequesdngtoextemj1heirdockanyfur­therthantheexrstingstnxcrure. bw/U|infacz protrude 4 fl- less 'than the existing mooring pilings associ-absd with theexisbn-dock. The reason thevrequf,eaB01�.is because they would like 1ore-constructagrandfatheneddocktha1w/asbui|tpr)cr to, theBDEreami,emenT and addnwo bout This will allow thern to replace their dock with a satc, nev,, structure, and Orovide them, safe moorinF ior their vesse|s,j Oust hkethemajorbyof�hedocksaround!s|esofCaori Reason for the, Variamce: The VVaNs, would live to moot one vesse} or, t,ne eastern side oftbeir dock, with [oUker �uun�y/scurrentripananoM�etsthereisnotenou�hnoomtoms1aUthe|iftmx�thou�ei��ernnov|n��he dock (nmt permittedby DEEP) orecquihnoa Variance fromC,o|UerCouroV, The new doc4 and fftw/iUac1maUybeepDroxinaate|y4t� furtherfroro the eastern ripehanhne than the dnci� thatvvasinp)acefrorn 1( see, Co|0eo�ppn�serzonnf�r Aena|s), The new �nckdea|gnxvi|\ not mtedenem/�hany neighbonngvesse|'singre��egressandthesi/ps will beusab'edurin-:�aW t0da|cydes, Just like, any doct< or. the Marco River, sorne Skili will be. required To moor in the swi`t curren-_ wh!ch tn� VVah|s already knovvabou�, Tnb design daesnot ahereither neighbor's wievvfromvvhattheyh�vehadfor�he�\astZ7 vea/s��simo|v�\}ovvs�heVVahbCnu�UizeboatUMsUket�enm�iorit�of1heDucksaruund|s|exof�a�ri,indu�m���r, *NWA Joshua&ff Maxwell, ELT Turmd\Hxll & Associates, Inc. Marine & Environmental Consulting 35@4 Exchange Avenue Naples, FL, 341O4'3732 Phone- (230)S43-018S Fax: (23A)G43-G632 From: GundlachNancy [noaUho: nct] Sent: Tuesday, February 28,20123:55PM To: Josh Maxwell F�V� Petition Subject: z AffachmentB Packet Page -40- 4/24/2012 Item 8.A. From: GundlachNancy Sent: Tuesday, February 28, 2012 1:47 PM To: SawyerMichael Subject: RE: Petition # BDE- PL20110001409 From: SawyerMichael Sent: Tuesday, February 28, 2012 10:34 AM To: GundiachNancy Cc: BellowsRay Subject: FW: Petition # BDE- PL20110001409 Nanny L)j, F. i1. -'.1c"JL,'a•` ? Et..7` rei . {., �C` i.r .�'. �¢v .;,: i`i . ? :�, <:: ar;; '. ._ e .,.9 .:"i n Mike Sawyer Prciect Manager, Zoning Services L and Development Services Departmen Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, 1-134104 i el: (233)232 -2926 From: Art Spiegel Ptailt -) e[ Sent: Tuesday, February 28, 2012 10:27 AM To: SawyerMichael Subject: Petition # BDE- PL20110001409 To: Collier County Planning Commission Department of Zoning And Land Development Ref: Petition # BDE- PL20110001409 34.6 foot dock extention 8 Pelican Street West Napies, Florida 34113 Please be advised that I am a landowner at 4 Pelican Street West. My property was purchsed two years ago with consideration given for value based on size of my lot and view from my lot. Prior to purchasing the property. I reviewed my rights of development as well as the rights of the property owners around me. Because of the building codes for my area, I was assured that my property would be a good investment. The codes for my area were impossed and regulated by Collier County for my and surrounding properties. We are now faced with the potential of a landowner getting a variance on restrictions that we, the other landowners rely on to protect us. Be advised that I am adamantly opposed to the above variance and will take any necessary steps to stop this variance from being granted. Packet Page -41- 4/24/2012 Item 8.A. A variance as requested would allow a protusion of the dock to a point that it would extremely limit the present beautiful view both East and West that neighbors now enjoy. We invested in and paid for a view that should be limited only by defined regulations and laws, not by variances that take from others what is rightfully theirs. 1 also note that a dock extention as proposed would not only interfere with the viewshed of neighbors but would also interfere with neighboring access to their own docks. Please note that there is tremendous current in this area and navigation is tricky at best. For reasons above, 1 respectfully request denial of this request for variance. Very truly yours, Arthur S. Spiegel 4 Pelican Street West Naples, Fl 34113 mailing address; 700 la Peninsula Blvd PH 1 Naples, Fl 34113 Tel 518 - 569 -4004 3 Packet Page -42- 4/24/2012 Item 8.A. GundlachNancy From: Josh Maxwell [Josh @turrell- associates.com] Sent: Thursday, March 01, 2012 4:13 PM To: GundlachNancy Subject: Wahl - Letter of Objection (VA- PL2010 -1410) Attachments: Objection - Tradewell.pdf Nancy, Please find attached a Letter of Objection we received today from George Tradewell. He owns the house two lots west of the Wahls property, along the Marco River. His dock has two boat lifts and protrudes beyond the 20ft limit (as measured on u ciix r n °ice errs). I am not sure when Mr. Tradewell's dock was built or why he feels the Wahls should be held to stricter criteria than his own dock, when his own structure does not appear to conform to the rules for non- BIDE docks, but his brief request for denial doesn't really provide us with any real response opportunity. We are going through this process legally with the County to ensure we follow the rules and there weren't any comments provided by Mr. Tradewell that would red -flag the propriety of our process to -date. If you have any questions about Mr. Tradewell's letter or my response please contact me. Joshua W. Maxwell, E.I.T Turrell, Hall & Associates, Inc. Marine & Environmental Consulting 3534 Exchange Avenue Naples. FL. 34104 -3732 Phone" 239) 643 -0150 , =ax: (239) 643 -6632 1 Packet Page -43- From the desk of George Tradewell 12 W Pelican St- Naples, FL 34113 215 783 8753 Turreli, Hall & Associates. InC. 3584 Exchange Ave. Naples, FL 4/24/2012 Item 8.A. 23 February 2012 Re: Proposed Dock Variance at 8 W Pelican St, Naples, FL 34113 Dear Mr. Maxwell, I am in receipt of your letter directed to me concerning the above referenced matter, and I hasten to respond. In the absence of a hardship, I must object to your proposal, submitted, in that it would be unfair to selectively enforce the existin code knowing that it has been strictly enforced il . so many other simile] or ew" I. Packet Page -44- 11 4/24/2012 Item 8.A. From: Joan A Evans To: Nancy Gundlach Date: March 4, 2012 Subject: Petition *VA-PL 201 1 0001 41 0 Collier County Planning Commission, Department of Zoning and Land Development Ref: To permit a reduced sicleyard (riparian) setback from 15 feet to 9.3 feet at 8 West Pelican St. Naples, Fl 34113 1, Joan A Evans, have owned the property at 6 West Pelican Street for 19 years. Please be advised that I am adamantly opposed to granting this variance. Riparian rights are those rights incident to the ownership of lands bordering upon navigable waters. These rights are my rights of ingress, egress, boating, fishing and the right to an unobstructed view of the channel. They are subject to "reasonable" governmental restrictions. My right to build a dock to access navigable waters, lands bordering water which were navigable at the time of Florida's statehood (3/3/1845), are benefitted by riparian rights. My riparian rights lines are drawn from the extension of the upland property lines. Therefore I request you do not grant this petition. Thank you. Joan A Evans 6 West Pelican St. Naples, Florida 34113 Packet Page -45- 4/24/2012 Item A DATE: March 5.2O12 FROM: Anthony J. Rinakdi and Barbara Rimgkji RE: Petition #VA-PL2D11OOD141O Collier County Planning Commission Department of Zoning and Land Development Petition to: Permit a reduced side yard (riparian) setback from 15 feet toB.3 feet at8VV. Pelican St.. Naples, FL34113 Awariance request for achange ofriparian rights has been made from 15 feet to 8.3 feet ad8VV. Pelican 8t., Naples, FL 34113 (as referenced above). We object because this would set a precedent for not adhering to laws that are already inplace. This would harm the property owner and other property owners in the future. Other similar requests in our area have been denied for precisely the same reason and we can find no reason for an exception in this instance. \/em' respectfully yourg. ' 10 W, Pelican St. Naples, FL 34113 Packet Page -46- 4/24/2012 Item 8.A. VARIANCE APPLICATION WAHL DOCK 8 Pelican Street West Isles of Capri, FL 34113 t Prepared by: Turrell, Hall & Associates, Inc. 3584 Exchange Ave., Suite B Naples, FL 34104 (239) 643 -0166 Packet Page -47- County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 4/24/2012 Item 8.A. Co er 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICULAR ZONINC DISTRICT) PROJECT NUMBER VA- PL20110001410 REV:2 WAHL VARIANCE PROJECT NAME DATE: 12/5/11 DATE PROCESSED DUE: 12 /19/11 COMPANION ITEM BDE- PL20110001409 APPLICANT/AGENT INFORMATION NAME OF APPLICANT(S) FRED AND MARCI WAHL ADDRESS 100 PORT DOCK RD, REEDSPORT. OR 97467 TELEPHONE # _ CELL # FAX # E -MAIL ADDRESS: NAME OF AGENTJOSHUA W. MAXWELL, TURRELL. HALL & ASSOCIATES. INC. ADDRESS 3584 EXCHANGE AVENUE TELEPHONE # 239 - 643 -0166 CELL # E -MAIL ADDRESS: MAXWELL @TURRELL- ASSOCIATES.COM PROPERTY DESCRIPTION Legal Description of Subject Property: Isles of Capri Nol Lotl 1 Section /Township /Range 05/52/26 Property I.D. #: 52340400004 Subdivision: Isles of Capri Unit 1 Lot: 11 Block: Metes & Bounds Description: FAX *239-643-6632 Acreage: 0.25 Address of Subject Property (If different from Petitioner's address): 8 Pelican Street W. Naples, FL 34113 BE AWARE THAT COLLIER COUNTY H/-,.S LOBEYIS T REGULATIONS. GUIDE YOURSELF ACCORDII41CLY A1, D ENSURE THAT YOU ARC IN C'OMPLIAI -,E WITH THESE REGULATIONS. Packet Page -48- 4/24/2012 Item 8.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 252 -6358 ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at htt�s; / /www,.collieraov net,i'index_.as1) ?paCje. -_774 NAME OF HOMEOWNER ASSOCIATION: ISLE OF CAPRI CIVIC ASSOCIATION MAILING ADDRESS 338 CAPRI BLVD. CITY NAPLES STATE FL ZIP 34113 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE, ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP ZONING i ADJACENT ! USE Minimum Yard Requirements for Subject Property: Front: N/A Corner Lot: Yes ❑ No Side: 15' Waterfront Lot: Yes ® No ❑ Rear: Packet Page -49- Zoning Land Use N RSF -4 Single-Family Residential S NIA Big Marco River E RSF -4 Single Family Residential W RSF -4 Single-Family Residential Minimum Yard Requirements for Subject Property: Front: N/A Corner Lot: Yes ❑ No Side: 15' Waterfront Lot: Yes ® No ❑ Rear: Packet Page -49- C o er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 4/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 BE ADVISED THAT SECTION 10.03.05.6.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY, THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. Packet Page -50- 4/24/2012 Item 8.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 252 -6358 L_ NATURE OF Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. For projects authorized under LDC Section 9.04.02, provide detailed description of site alterations, including any dredging and filling. We are proposing to rebuild an existing dock on Isle of Capri at 8 West Pelican Naples, Collier County Florida. The site is more specifically located at Latitude 25deg 58' 36.35" and Longitude 81 deg 43' 53.97" in Section 5 Township 52 South Range 26 East. The existing conditions consisted of a grandfathered 363 sg ft dock and an upland single - family residence that is currently being demolished and a new home constructed in its place. The natural shoreline is 75' of concrete seawall with rip rap along the entire length. The waterway is approximately 800' from MHW to MHW and the existing structure protrudes 59 ft. into the waterway (7.3% of the width of the waterway). Please see attached survey and existing conditions drawing for your review. The proposed plan is to rebuild the existing dock within the same footprint and add two boat lifts along the eastern side of the dock and at the end of the terminal platform. The proposed structure will protrude 55 ft from the MHWL (6.8% of the width of the waterway), 4 ft. less than the existing structure Hand railings will be placed along the western side of the access platform and the northern side of the terminal platform to restrict the mooring to the two boat lifts There is no proposed dredging with this nroiect. We are requested a variance for the riparian setback requirements. The proposed dock design will require a 9 3ft riparian setback 5.7 ft less than the 1 5ft required setback. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria 0 -8). (Please address these criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Packet Page -51- Co er County COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 4/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 The DEP limits the protrusion for new docks in Aquatic Preserves to not protrude past -4ft. MLW unless it is built within the footprint of the existing dock. Following the DEP's current guidelines would limit the upland owners to moor only one vessel and would make a difficult ingress and egress path due to the strong currents in the Big Marco River and the layout of the neighboring docks. Therefore to allow safe mooring for two vessels the existing dock must be re- built, which protrudes past 20ft from the MHWL. 2. Are there special conditions and circumstances which do not result from the action of the applicant such as pre- existing conditions relative to the property which is the subject of the variance request. See response to question one (1) above. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. Yes, the minimum riparian setback will be reduced from 1 5f to 9.3ft. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, it will be harmonious with the zoning code. Due to the existing docks north of the subiect's property with similar protrusion distances there will be no injury to the neighborhood or detrimental to public welfare. Packet Page -52- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 4/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Yes, the project site is located within the Rookery Bay Sanctuary aquatic preserve Due to the site being within the aquatic preserve the applicant is restricted to rebuilding the existing dock rather than reconfiguring the dock's location to accommodate two vessels without a variance. 8. Will granting the variance be consistent with the growth management plan. Yes 9. Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ® No If so, please provide copies. L-- PUBLIC PARTICIPATION REQUIREIMENTS I NEIGHBORHOOD INFORMATION MEETING LDC Section 10.03.05 F.3. `Any applicant requesting variance approval or parking exemption approval must provide documentation to the Zoning Department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient. " Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted at initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. Packet Page -53- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 4/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 VARIANCE PETITION (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS OF COPIES REQUIRED NOT REQUIRED Completed Application (download from website for current form) ❑ X Non- Residential Completed Addressing Checklist, Signed by Addressing Department 1 X ® Conceptual Site Plan 24" x 36" and one 8 V2 " x 11 " copy ❑ ® ❑ Survey of property showing the encroachment (measured in feet) 2 ® ❑ Owner/Agent Affidavit signed & notarized 1 Deeds /Le al's 3 ® ❑ Location map 1 ® ❑ Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 ❑ Electronic copy of all documents and plans (CDROM or Diskette) 2 ® ❑ Historical Survey or waiver request 1 ❑ Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 ❑ Within 30 days after receipt of the first review comment letter, 1 X provide Property Owner Advisory Letter and Certification Project Narrative ❑ X FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees: ® $2,000.00 Residential ❑ $5,000.00 Non- Residential ❑ $2,000.00 Sign Variance ® $100.00 Fire Review ❑ After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). ❑ $2,500.00 EIS Review ❑ $1,000.00 Listed Species Survey (If EIS is not required) Packet Page -54- COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET OTHER REQUIREMENTS: 0 - -,AgintlownerSignaturie Date Packet Page -55- 4/24/2012 Item 8.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 4/24/2012 Item 8.A. Cdthi r Cwcmty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252.6350 www.collieraov.net AFFIDAVIT We Fred and Marei Wahl being first sworn de cwand / 9 Y P my tivat N'e /l am/are the owners of the property described herein aid which is the subled matter of Ow proposed hearing, Heat all ft answers to the questions in this application, including the disclosure of inter a information, all Aef Ins, data, and oHau supplementary matter attadaaf to and made a part of this appiicatiort, are honest and true to the best of our knowledge and belief. We /l understand That the information requested on this application Waist be complete and accurate and that the content of Nis form, whether computer generoied or County printed shall not be altered. Public hearings wiif not be advertised untli this application is deemed complete, and all required information has been submitted. As property owner We /l further authorize Joshua W. Maxwell matters regarding Nis Petition. AR of Property Owner Ty— peTor'Printed Name of Owner to ad as our /my representative in any The foregoing instrument was admwledged before me this - Zbk day of -, = 20-1--t-, by who i so!t k wvp *o we or hos produced ----. Cu identfficca&on. State of Florida yea 6=Y4 lier County of Gm+ l 63!!Il8BI57 OFFIMALSEAL LYNDA L STARKE M MY PUBLIC - ORE801) COMMISSION NO. 460007 1!Y CO W N66tOt1 DIPIR� A119116T m. X14 (Sig of Notary Public - State of Nwi@W -r.. lu L%j y . ' r (Print, or Stamp Commissioned Name of Notary Public) Packet Page -56- 913012010 uW WW m a coO W � a • 4/24/2012 Item 8.A. 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I VARIANCE PETITION I PRE - APPLICATION MEET NG NOTES & SUBMITTAL CHECKLIST 71 Dimensional Date: ' Time: Project Name: Project Addr /Location: �t Applicant Name:. Firm: Current Zoning: RS Owner Name: Eyf �"4 Owner Address: TJ Assigned P PL #_4 %II- Phone- J CQ -3 Meeting Attendees: (attach Sign In Sheet) NOTES: v rc,& -c v 3 - -(* ,Fc 6 7"_ d, s see•..,° hone: WM pno e K)o VA- PL20110001410 REV:1 WAHL VARIANCE DATE: 11/9/11 DUE: 11/28/11 COMPANION ITEM BDE- PL20110001409 G: \CDES Planning Services \Current \Pre- Application Forms 2011 \Pre -app Forms - JUNE 2011 \VA - Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 5/26/10 Packet Page -63- 4/24/2012 Item 8.A. VARIANCE PETITION - (VA) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Completed Application (download from website for current form) x Completed Addressing Checklist, Signed by Addressing Department 1 " " and one 8 Y2 " x 11 " copy Survey of property showing the encroachment (measured in feet) 2 Owner /Agent Affidavit signed & notarized (Planner, CAO) 2 Deeds /Legal's 3 Location map 1 Aerial photographs (taken within the previous 12 months min. scaled I"=200'), showing FLUCCS Codes, Legend, and project boundary 5 Electronic copy of all documents and plans (CDROM or Diskette) Historical Survey or waiver request 1 Environmental Impact Statement (EIS) and digital /electronic copy of EIS or exemption justification 3 Electronic copy of EIS (copy for Planner and Environmental) 2 Within 30 days after receipt of the first review comment letter. provide Property Owner Advisory Letter and Certification 1 j 7� Project Narrative ❑ Send copy of review package to Robin Singer, Planning Director, City of Naples 295 Riverside Circle, Naples, FL 34102 FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) Review Fees; $2000.00 Residential $5000.00 Non - Residential ❑ After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee ® $100.00 Fire Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee - BCC Meeting (over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily News). F-1 2500.00 EIS Review I� ❑ $1,000 Listed Species Survey (if EIS is not required) OTHER REQUIREMENTS: Packet Page -64- EM 4/24/2012 Item 8.A. PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F.3. `Any applicant requesting variance approval or parking exemption approval must provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been advised of the extent and nature of the variance or parking exemption requested within 30 days of receipt of a letter indicating that the application is sufficient." Applicant must submit a Property Owner Advisory Letter certifying that the property owners within 150 feet of the subject site were notified. Letter must have property owners list attached. Property owners list must be submitted after initial staff review and comment on the application and before the Public Hearing is scheduled with the Collier County Planning Commission. GACDES Planning Services \Current \Pre - Application Forms 2011 \Pre -app Forms - JUNE 2011\VA- Variance Pre - Application June 2011.doc revised: 8/5/02, rev. 5/26/10 Packet Page -65- V F� W W 0 E� �I I r-50, W' W' U1 H V H N d •i a c .a O N 0 LU z Q CL. In W Z 2 N N Q N H d 'a m X E 3 Z O C O s a s� a ' as - 0 4/24/2012 Item 8.A. p :`J z jr 0 1 v N &U Q t� Q' Lh c- LU � Z 5 z F CA. O (� `y I-- CL W J 0 Z O Q Z O ( 1 L V v kA } v uj icket Page -66- 4/24/2012 Item 8.A. Cif L78r County I. � �Ik�—.,--. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 -252 -5724 or submit in person to the Addressing Department at the above address. Form must be signed by Addressing personnel prior to pre - application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing 'Department. PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition type) [] BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Camival /Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat - . ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) M VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL ;DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Isles of Capri Not Lot 11 S - 5, Z_ - Z (o FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52340400004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8 Pelican St W, Naples, FL 34113 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of -way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Wahl Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # Packet Page -67- 4/24/2012 Item 8.A. Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ' GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: ❑ Checklist is to be Faxed back ❑■ Personally Picked Up APPLICANT NAME: Joshua W. Maxwell, on behalf of Fred and Marci Wahl PHONE (239) 643 -0166 FAX (239) 643 -6632 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) S Z 3 LI- O L� O D cool f Folio Number Folio Number Folio Number Approved by: 'L , 'I"s ("� � 0—�(- Q- vv, Date: 1v — Z 5 — I j . Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -68- 4/24/2012 Item 8.A. Co C er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET ADDRESSING CHECKLIST Please complete the following and fax to the Operations Department at 239 - 252 -5724 or submit in person to the Addressing Department at the above address. Form must be si ned b Addressin ersonnel rior to re- application meeting, Please allow 3 days for Processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing 'Department. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ BD (Boat Dock Extension) ❑ SDP (Site Development Plan) ❑ SDPA (SDP. Amendment) ❑ Camival/Circus Permit ❑ CU (Conditional Use) ❑ SDPI (Insubstantial Change to SDP) -❑ EXP (Excavation Permit) FP ❑ SIP (Site Improvement Plan) ❑ SIPI (Insubstantial Change to SIP) (Final Plat - ❑ LLA (Lot Line Adjustment) : ❑ SNR (Street Name Change) ❑ SNC ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD Rezone Q VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ RZ (Standard Rezone) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) Isles of Capri No Lot 11 .S — B Z - Z FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 52340400004 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 8 Pelican St W, Naples, FL 34113 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right - of-way • SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicable) Wahl Dock PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP or AR or PL # Packet Page -69- VA- PL20110001410 REV:1 WAHL VARIANCE DATE: 11/9/11 DUE: 11/28/11 COMPANION ITEM BDE- PL20110001409 4/24/2012 Item 8.A. cdh7 r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULAT= (239) 252 -2400 FAX (239) 252 -5724 WWW.COLLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One:. ❑ Checklist is to be Faxed back Personally Picked Up APPLICANT NAME: Joshua W. Maxwell, on behalf of Fred and Marci Wahl PHONE (239) 643 -0166 FAX (239) 643 -6632 Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) S Z O L- Q b o c l Folio Number Folio Number Folio Number Approved by: --u-+' ' � Q-, Date: '9 r Z-5 — I I, - Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -70- 4/24/2012 Item 8.A. STATE & FEDERAL PERMITS Packet Page -71- �,pA0iEt110N FLOR A August 10, 2011 Fred Wahl Florida Department of Environmental Protection South District Office P.O_ Box 2549 Fort Myers, FL 33902 -2549 c/o Turrell, Hall & Associates 3584 Exchange Ave Naples FL 34104 Re: Collier County - ERP File No. 11- 0304778 - 002 -EE66 Dear Mr. Wahl: 4/24/2012 Item 8.A. VA- PL20110001410 REV:1 WAHL VARIANCE DATE: 11/9/11 DUE: 11/28/11 COMPANION ITEM BDE- PL20110001409 Thank you for your application to rebuild existing dock in the same footprint and add two boatlifts at 8 Pelican Street W., Isle of Capri in Big Marco Pass, Class III Outstanding Florida Waters and Rookery Bay Aquatic Preserve, Section 05, Township 52 South, Range 26 East, Collier County. This type of activity may require authorization for construction and operation of the project (regulatory authorization), unless otherwise exempt by statute or rule, authorization to use state -owned submerged lands (proprietary authorization), and federal authorization for works in waters of the United States through the State Programmatic General Permit (SPGP) program (SPGP IV -Rl). Your request has been reviewed for all three authorizations. The authorizations you have been granted are listed below. Please read each section carefully. Your project MAY NOT have qualified for all three authorizations, If your project did not qualify for one or more of the authorizations, then that specific section will advise you how to obtain it. You may NOT commence your project without all three authorizations. If you change the project from what you submitted, the authorizations (s) granted may no longer be valid at the time of commencement of the project. Please contact the Department prior to beginning your project if you wish to make any changes. REGULATORY REVIEW - VERIFIED Based on the information. you sent to »s; we have determined that your project is exempt from the need for an Environmental Resource Permit (ERP). You must comply with the criteria and limiting conditions in accordance with Rule 40E- 4.051(3)(b), Florida Administrative Code (F.A.C.). Packet Page -72- 4/24/2012 Item 8.A. Fred Wahl File No. 11-0304778-002 Page 2 of 6 This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one -year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re- verify the exempt status for the activity after the one -year expiration of this verification, a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. PROPRIETARY REVIEW - GRANTED Your project occurs on state- owned, submerged land and will require authorization from the Department to use these lands. The Department has reviewed your project as described above and on the documents and/or drawings attached to your application, and as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions therein, we find your project qualifies for consent to use state -owned submerged lands. As such, consider this letter to also constitute authorization to perform the activity. This consent is conditioned upon acceptance of and compliance with the attached General Consent Conditions. SPGP (FEDERAL) REVIEW - APPROVED WITH MANATEE CONDITIONS AND SEA TURTLE AND SMALLTOO T H SAWFISH CONSTRUCTION CONDITIONS Your project has been reviewed for compliance with State Programmatic General Permit (SPGP IV -Rl) effective July 25, 2011. Your proposed activity as outlined on the drawings submitted with your application is in compliance with SPGP IV -R1. U.S. Army Corps of Engineer (Corps) Specific conditions apply to your project (attached). No further permitting for this activity is required by the Corps. The authority granted under SPGP IV -R1 expires five years from the date of issuance. Your project must be completed prior to this expiration date. This authorization is conditioned upon acceptance of and compliance with the attached General Conditions for Department of the Army General Permits (SPGP IV -R1) and/or Manatee Construction Conditions and Sea Turtle and Smalltooth Sawfish Construction Conditions. In the event of the transfer of ownership of the property by sale or by any other means, when the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be Packet Page -73- 4/24/2012 Item 8.A. Fred Wahl File No. 11- 0304778 -002 Page 3 of 6 binding on the new owner(s) of the property. Although the construction period for works authorized by Corns permits is finite, the permit itself, with its limitation, does not expire. To validate the transfer of this permit and the associated with compliance with its terms and conditions, the attached transfer of permit request must be completed and submitted to the Department at the time of transfer of ownership. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled "Coordination Agreement between the U.S. Army Corps of Engineers Qacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act." This notice constitutes final agency action and is subject to the provisions of Chapter 120, F.S., which does not apply to the SPGP IV -R1 reviews. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from environmental resource permitting requirements under Rule 40E- 4.051(3)(b), F.A.C., and qualifies for authorization to use sovereign submerged lands pursuant to Chapters 253 and 258, F.S., and Chapters 18 -21 and 18- 20, F.A.C. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., as provided below. If a sufficient petition for an administrative hearing is timely filed, thds determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. In accordance with Rule 62- 110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions, filed by any persons other than the applicant and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; Packet Page -74- 4/24/2012 Item 8.A. Fred Wahl File No. 11- 0304778 -002 Page 4 of 6 (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28- 106.301, F.A.C. The petition must contain the information set forth above and must be filed (received by the clerk) in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000. The petitioner shall mail a copy of the petition to the applicant at the applicant's address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided below within the appropriate time period shall constitute a waiver of those rights. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Under Rule 62- 110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting Packet Page -75- 4/24/2012 Item 8.A. Fred Wahl File No. 11- 0304778 -002 Page 5 of 6 party showing that the failure to file a request for an extension of time before the low deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the exemption(s) has(have) been executed and delivered. This letter acknowledging that the proposed activity is exempt from environmental resource permitting requirements under Rule 40E- 4.051(3)(b), F.A.C., and qualifies for authorization to use sovereign submerged lands pursuant to Chapters 253 and 258, F.S., and Chapters 18 -21 and 18- 201 F.A.C., constitutes an order of the Department. Subject to the provisions of Section 120.68(7)(a), F.S., which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000; and by filing a copy of the notice of appeal accompanied by the applicable _filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of the order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Mediation is not available. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at Florida Department of Environmental Protection, South District Office, 2295 Victoria Avenue, Fort Myers, FL 33901. Packet Page -76- 4/24/2012 Item 8.A. Fred Wahl File No. 11-0304778-002 Page 6 of 6 Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have any questions, please contact Arielle Poulos by telephone at (239) 344 -5683 or by e -mail at ::�ieLic�. �:LrI €�'��c�slz t�. When referring to this project, please reference the file number listed above. Sincerely, t Elizabeth Gillen Environmental Manager Submerged Lands and Environmental Resource Program EAG/ my Enclosures: 6 drawing(s) State Lands General Consent conditions General Conditions for Department of the Army General Permits (SPGP IV -R1) Standard Manatee Construction Conditions Sea Turtle and Smalltooth Sawfish Construction Conditions cc: Office of Coastal and Aquatic Managed Areas, Rookery Bay Aquatic Preserve Fred Wahl CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document, including all copies, was mailed before the close of business on_ 20 , to the above listed person(s). - FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged. Clerk Date Packet Page -77- 4/24/2012 Item 8.A. GENERAL CONDITIONS FOR DEPARTMENT OF THE ARMY GENERAL PERMITS LSPGP IV -R1J General Conditions: i) The time limit for completing the work authorized ends five years from the date of issuance. 2) You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3) If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4) If you sell the property associated with this permit, you must obtain the signature and mailing address of the new owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this authorization. 5) If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special. conditions to this permit. 6) You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further information: 1) Limits of this authorization: a) This permit does not obviate the need to obtain other Federal, State or local authorizations required by law. b) This permit does not grant any property rights or exclusive privileges. c) This permit does not authorize any injury to the property or rights of others. d) This permit does not authorize interference with any existing or proposed Federal projects. 2) Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a) Damages to the permitted project or uses thereof as a result of other permitted or t?npennitted activities or from natural_ causes. b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. Packet Page -78- 4/24/2012 Item 8.A. GENERAL CONDITIONS FOR DEPARTMENT OF THE ARMY GENERAL YEK1V IS (SPGP IV -R1) d) Design or construction deficiencies associated with the permitted work. e) Damage claims associated with any future modification, suspension, or revocation of this permit. 3) Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4) Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a) You fail to comply with the terms and conditions of this permit. b) The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c) Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5) Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to Department of Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL 33902 -2549. TRANSFEREE- Signature Date NAME - Printed ADDRESS Packet Page -79- DEPARTMENT OF ENVIRONMENTAL PROTECTION 4/24/2012 Item 8.A. SUBMERGED LANDS AND ENVIRONMENTAL RESOURCES PROGRAM GENERAL CONSENT CONDITIONS FOR AUTHORIZATIONS Project No: 1.1- 0304778 -002 Rule 18- 21.004(7), Florida Administrative Code (F.A.C.), provides that all authorizations granted by rule or in writing under Rule 18- 21.005, F.A.C., except those for aquaculture activities and geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or Chapter 258, Part II, Florida Statutes, (F.S.). (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18 -14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or n- rLimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A- 27.004, and 68A - 27.005, F.A.C. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18- 21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (i) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under Rule 18- 21.004(1)(g), F.A.C., or any other applicable law. Packet Page -80- 4/24/2012 Item 8.A. STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direst project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and crinift-ial penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/ No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on -site project personnel are responsible for observing water - related activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50 -foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals mast not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1 -888 -404 -3922. Collision and /or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904 -731 -3336) for north Florida or Vero Beach (1- 772 - 562 -3909) for south Florida and emailed to FWC at J „t L 1£- - . ��= r)(.,l _ . _ >:�? ,, f. Temporary signs concerning manatees shall be posted prior to and during all in- water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for "Idle Speed /No Wake" and the shut down of in -water operations must be posted in a location prominently visible to all personnel engaged in water - related activities. These signs can e viewed �+ .. f a' Questions concerning these signs can be forwarded to the email address listed above. Packet Page -81- 4/24/2012 Item 8.A. SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All construction personnel are responsible for observing water - related activities for the presence of these species. b. The pernlittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. C. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/ idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/ dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or small tooth sawfish is seen within a 50 -foot radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and /or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727 -824 -5312) and the local authorized sea turtle stranding/ rescue organization. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. Packet Page -82- 4/24/2012 Item 8.A. ENVIRONMENTAL EXHIBITS Packet Page -83- 0 J LL LL 0 W r� v/ Packet Page -84- Y 4/24/2012 Item 8.A. w wW LL vi ago Q 0Z z1- LL ONO N n � o Z� Z= �z Qo cc WO W Z ( - af O Cc! 0! 0 L �or> u- 0 r� W W dp io It 0 in V) � N OD ZZ Z3: O D Z Lii LU W W 0 ~ U) < t: �W0 {—Z E HQ 50 V V V Z N N d N Z 0 H ;:!a. 10 4 O O �mw o H wg y 0 d Q oz 0 U I° i w ti E Cd GC � o 5 W V d P n.1 •F /mil o LL] t, Al d, r u r ' 0 J LL LL 0 W r� v/ Packet Page -84- Y 4/24/2012 Item 8.A. w wW LL vi ago Q 0Z z1- LL ONO N n � o Z� Z= �z Qo cc WO W Z ( - af O Cc! 0! 0 L �or> u- 0 r� W W dp io It 0 in V) � N OD ZZ Z3: O D Z Lii LU W W 0 ~ U) < t: �W0 {—Z E HQ 50 V V V Z N N d N Z 0 H ;:!a. 10 4 O O �mw o H wg y 0 d Q oz 0 U I° i w ti E Cd GC � o 5 W V d P n.1 •F /mil o LL] 4/24/2012 Item 8.A. 00 i Z l _} Xw0 W Z 0 Packet Page -85- i1i11 0100 Issas J U� W 0¢ CO z O 0 z s° z _F U) X W A ... 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N A P L ES ID I LY N E W S ((.,Wednesday,-April 4, 2012 a 25 %flift nE AAFFTINR PTI�� r NOTICE OF INTENTTO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, April 24; 2012•, in . the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL20110001410, FOR A VARIANCE FROM LAND DEVELOPMENT CODE SECTION 5.03.06.E.5 TO PERMIT A REDUCED SIDE YARD (RIPARIAN) SETBACK FROM 15 FEET TO 9.3 FEET ON THE EASTERN ' BOUNDARY OF THE PROPERTY LOCATED AT 8 PELICAN STREET WEST, ISLES OF CAPRI IN SECTION 5, TOWNSHIP 52 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board-and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must, register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. .Persons wishing to have written or graphic materials included in the Board agenda packets must submit said. material a minimum of 3 weeks prior to theses ective_ public hearing. In any'case, written materials intended to be considered by the Board shall be submitted to the appropri ate. County staff a minimum of seven days Eprior to the public hearing. All material used in presentations before the Board will a permanent part of the record. Any .person whb decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may, need to ensure that a verbatim record ot9 the proceedings s made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with. disability who needs any accommodation in order to participate in this proceeding,. you are entitled, at no cost to -you, to the provision of certain assistance. Please contact the Collier - County Facilities ,Magllegement Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239)252 -8380; assisted listening devices for the hearing impaired Aare available in the County Commissioners' Office. BOARD .OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jenne)ohn, Deputy Clerk (SEAL) _Aoril4.2012 No 1943580 Packet Page -90- .