HEX Final Decision 2019-02 HEX NO. 2019-02
HEARING EXAMINER DECISION
PETITION NO. BDE-PL20170002736 — Kent Lloyd requests a 28-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 48 feet, to accommodate a boat docking facility with two boat lifts for
the benefit of Lot 3, Block H, Replat of Unit No. 3 Little Hickory Shores, also described as
266 3rd Street W, in Section 5, Township 48 South,Range 25 East, Collier County, Florida.
DATE OF HEARING: January 10, 2019
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 concerning this matter.
During testimony the applicant's representative noted that this application would not negatively
impact the existing mangroves. There is an existing ramp and dock structure on site that will be
modified by this application.
DECISION:
The Hearing Examiner hereby approves Petition No. BDE-PL20170002736, filed by Kerry
Frietzsche and Bill Nelson of Greg Orick II Marine Construction, Inc., representing Kent Lloyd,
for a 28-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 48 feet, to accommodate a boat docking
facility with two boat lifts 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
[18-CPS-01749/1456143/1P3 1 of2
LEGAL DESCRIPTION:
Lot 3, Block H, REPLAT OF LITTLE HICKORY SHORES, UNIT NO. 3, according to the Plat
thereof as recorded in Plat Book 6, Page 2, of the Public Records of Collier County, Florida.
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of
the development.
2. The dock is private in nature and shall not be used for rental purposes.
3. The dock shall not be used for any commercial purposes including the mooring of
commercial boats.
DISCLAIMER:
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in
any way create any rights on the part of the applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the county for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County Commissioners
or the Board of Zoning Appeals, as appropriate. Appeals must be filed within 30 days of the date
the Hearing Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
s (AlWitDate Mark, Strain, Hearing Examiner
Approvef as to fo and legality:
Scott A. tone
Assistant County Attorney
[18-CPS-01749/1456143/1]33 2 of2
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