HEX Final Decision 2020-03 HEX NO. 2020—03
HEARING EXAMINER DECISION
PETITION NO. VA-PL20170001588 — Michael and Rebecca Campbell request a variance
from Section 5.03.06.E.6 of the Collier County Land Development Code, to reduce the
minimum side yard setback from the riparian line from 7.5 feet to .27 feet for a boat lift on
the east side and from 7.5 feet to 1.24 feet for the dock facility on the west side to
accommodate a boat dock on property described as Lot 3, Block G, Little Hickory Shores,
Unit 3 Replat in Section 5, Township 48 South, Range 25 East, Collier County, Florida.
DATE OF HEARING: January 23, 2020
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 each of the criteria set forth in Section
9.04.03 of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
Other than representatives of the applicant, no members of the public were in attendance for this
application. Staff has received no objections.
DECISION:
The Hearing Examiner hereby approves Petition No. VA-PL20170001588 filed by Michael
Pollard and Matt Felton of Stokes Marine, Inc., representing Michael and Rebecca Campbell, for
a variance from LDC Section 5.03.06.E.6, to reduce the minimum side yard setback from the
riparian line from 7.5 feet to .27 feet for a boat lift on the east side and from 7.5 feet to 1.24 feet
for the dock facility on the west side to accommodate a boat dock on property located at 267 3rd
Street West, Bonita Springs, Florida, and further described herein, as shown in the Survey Sketch
attached as Exhibit"A", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A— Survey Sketch
LEGAL DESCRIPTION: Lot 3, Block G, of that certain subdivision known as Replat of
Little Hickory Shores, Unit No. 3, according to the map or plat thereof on file and recorded in
the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 6, Page 2.
[18-CPS-01746/1519994/1179 1 of 2
CONDITIONS:
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. Prior to or concurrent with obtaining a building permit for the dock, a
Right-of-Way permit shall be obtained for access improvements to prevent damage to the
roadway and drainage system, if not previously obtained.
3. This dock is private in nature and shall not be used for rental purposes.
4. This 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.
- 19 —ZO 6p
i
Date Mar I Strain, Hearing Examiner
Approved as to form and legality:
H idi F.Ashton-Cicko
Managing Assistant County Attorney
[03-CPS-01746/1519994/1]79 2 of2
Exhibit "A"
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