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HEX Final Decision 2021-43HEX NO. 2021-43 HEARING EXAMINER DECISION DATE OF HEARING. September 9, 2021 PETITION. PETITION NO. BDE-PL20200001107 - Request for a 40.3-foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility with two boatlifts and a boathouse with a 1.3-foot roof overhang that protrudes 41.6 feet into a waterway that is 872+/- feet wide. The subject property is located at 275 3rd Street West, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. Petitioner seeks to replace an existing dock with a dock facility comprising two boat slips and a boathouse on a razed property of 0.24+ acres located within a Single Family Residential (RSF-4) zoning district. The docking facility will have two boat slips, each with a lift, one to accommodate 30-foot and 10-foot vessels, respectively. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(4) of the Collier County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the County Administrative Code. 2. The public hearing for this Petition was properly noticed and conducted in accordance with all County and state requirements. 3. The public hearing was conducted electronically and in -person in accordance with Emergency/Executive Order 2020-04. 4. The Petitioner and/or Petitioner's representative executed the Hybrid Virtual Quasi -Judicial Public Hearing Waiver related to conducting the public hearing electronically and in -person. 5. The County representative introduced the Petition and staff recommendations, followed by Petitioner and/or Petitioner's representative, and then public comment. There were no objections to the Petition at the public hearing. Page 1 of 7 6. The County's Land Development Code Section 5.03.06.H. lists the criteria for dock facility extensions. The Hearing Examiner may approve, approve with conditions, or deny a boat dock extension request if it is determined that at least four (4) of the five (5) primary criteria, and at least four (4) of the six (6) secondary criteria have been met. The County's Land Development Code Section 5.03.06.F. lists the criteria for a Boathouse. The Hearing Examiner may approve, approve with conditions, or deny a Boathouse request if it is determined that seven (7) out of the seven (7) criteria have been met.' Primary Criteria: 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical single-family use should be no more than two slips; typical multi- family use should be one slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate.) The record from the public hearing reflects that the criterion has been MET. The property is located within a residential single-family zoning district; the proposed docking facility with boathouse will have two slips, each with a boat lift. 2. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension.) The record from the public hearing reflects that the criterion has been MET. The petitioner has demonstrated via survey and the provided cross-section, that water depths adjacent to the subject property are too shallow to allow for the docking of vessels absent a BDE. 3. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel.) The record from the public hearing reflects that the criterion has been MET. The proposed dock facility does not intrude into marked or charted navigable channel, thus there will be no adverse impact on navigation. The proposed dock, boathouse and lift have been designed not to impede navigation and is consistent with all the neighboring docks along the shoreline. 'The Hearing Examiner's findings are italicized. Page 2 of 7 4. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50 percent of the waterway width between dock facilities on either side is maintained for navigability. (The facility should maintain the required percentages.) The record from the public hearing reflects that the criterion has been MET. The subject BDE request is for 41.6 feet, including boathouse roof overhang, as measured from the seawall. The "Overall Site Plan with Aerial" the actual waterway width is 1019.5± feet; The overall protrusion of the proposed dock facility into the subject waterway is 4.08 percent. The proposed width between dock facilities will be 872.5f feet. 5. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks.) The record from the public hearing reflects that the criterion has been MET. The submitted plans reveal no impediments with neighboring dock facilities. Secondary Criteria: 1. Whether there are special conditions not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least one special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds.) The record from the public hearing reflects that the criterion has been MET. The subject property and adjacent neighboring properties along this shoreline all have special conditions that require alternative dock design options, one of those conditions is the natural shoreline makes it difficult to dredge the subject property which could reduce the overall protrusion out. The record provides that of the seven other properties within this subdivision that have western waterfronts, six have been approved for BDEs and the 7th has an active petition. 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading/unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area.) The record from the public hearing reflects that the criterion has been MET. As shown on the drawings by the petitioner, no excessive deck area is proposed. 3. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner, exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained.) Page 3 of 7 The record from the public hearing reflects that the criterion has been met. The subject property has 80 feet of waterfront. Two vessels are proposed, one being 30 feet long and the other 10 feet for a combined total of 40 feet which is exactly 50 percent of the waterfront lot width. 4. Whether the proposed facility would have a major impact on the waterfront view of neighboring property owners. (The facility should not have a major impact on the view of a neighboring property owner.) The record from the public hearing reflects that the criterion has been MET. The proposed facility will be setback from the riparian lines in accordance with the requirements of the LDC. The drawing in the applicant's support material labeled Overall Site Plan with Aerial shows that the proposed facility will be comparable to the others along the same waterway. 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06.J of the LDC must be demonstrated.) The record from the public hearing reflects that the criterion has been MET. The submerged resources survey provided indicates that no seagrass beds exist within the footprint of the dock. No seagrass beds will be impacted by the proposed dock facility. 6. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this Code. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated.) The record from the public hearing reflects that the criterion is NOT APPLICABLE. The provisions of the Collier County Manatee Protection Plan do not apply to individual docks behind individual residences. Boathouse Criteria: 1. Minimum side setback requirement: Fifteen Feet. The record from the public hearing reflects that the criterion has been MET. Asper the submitted site plan, the boathouse will not exceed mandatory side yard/riparian setback requirements. 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. The record from the public hearing reflects that the criterion has been MET. The subject BDE request is for 41.6 feet, including boathouse roof overhang, as measured from the seawall. In the "Overall Site Plan with Aerial " the actual waterway width is 1019.5± feet; Page 4 of 7 The overall protrusion of the proposed dock facility into the subject waterway is 4.08 percent. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the peak or highest elevation of the roof. The record from the public hearing reflects that the criterion has been MET. The proposed height is 15 feet above the seawall. 4. Maximum number of boathouses or covered structures per site: One. The record from the public hearing reflects that the criterion has been MET. Only one boathouse is to be built on this property. 5. All boathouses and covered structures shall be completely open on all 4 sides. The record from the public hearing reflects that the criterion has been MET. The boathouse will be open on all four sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style. A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with, the construction of any boathouse or covered dock structure. The record from the public hearing reflects that the criterion has been MET. The roofing material and color of the proposed boathouse will match that of the existing single-family residence serving as the principal structure at this location. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. The record from the public hearing reflects that the criterion has been MET. The boathouse is located within the required side/riparian setbacks and is consistent with other similar facilities along the subject shoreline. ANALYSIS. Based on a review of the record including the Petition, application, exhibits, the County's staff report, and hearing comments and testimony from the Petitioner and/or the Petitioner's representative(s), County staff and any given by the public, the Hearing Examiner finds that there is enough competent, substantial evidence as applied to the criteria set forth in Section 5.03.06.H of the Land Development Code to approve the Petition. The Petition meets 5 out of 5 of the primary criteria and 5 out of 6 secondary criteria. With respect to the Boathouse element of this project, the Petition satisfies all 7 of the 7 required criteria. Page 5 of 7 nF C'ISION_ The Hearing Examiner hereby APPROVES Petition Number BDE-PL20200001107, filed by Bill Nelson and Sabrina Dobbins of Greg Orick II Marine Construction, representing PBK Properties, LLC, with respect to the property described as 275 3rd Street West, Bonita Springs, Lot 2, Block F, Replat of Unit No. 3, Little Hickory Shores, in Section 5, Township 48 South, Range 25 East, Collier County, Florida, for the following: • A 40.3-foot boat dock extension that extends 20.3 feet from the maximum permitted protrusion of 20 feet for waterways greater than 100 feet in width, to allow construction of a boat docking facility with two boatlifts and the establishment of a boathouse with a 1.3- foot roof overhang that protrudes 41.6 feet into a waterway that is 872± feet wide, for the subject property. Said changes are fully described in the Dock Plans and Survey attached as Exhibit "A" and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A — Dock Plans and Survey LEGAL DESCRIPTION. 275 3rd Street West, Bonita Springs, Lot 2, Block F, Replat of Unit No. 3, Little Hickory Shores, in Section 5, Township 48 South, Range 25 East, Collier County, Florida CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. A building permit for an allowable principal structure must be obtained prior to obtaining a building permit for the subject dock facility; and 3. A Certificate of Completion for the subject dock facility will not be issued until such time as a Certificate of Occupancy is issued for an allowable principal structure at this location. 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. Page 6 of 7 APPF AL S. This decision becomes effective on the date it is rendered. An appeal of this decision shall be done in accordance with applicable ordinances, codes and law. 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. Date Andrew Dickman, Esq., AICP Hearing Examiner Page 7 of 7 EXHIBIT "A" Proposed Dock Layout GREG ORICK MARINE CONSTRUCTION, INC. (239) 949-5588 Name: Stuart Wood Address: 275 3`'d St W Bonita Springs, FL 34134 Date: 5/24/2021 Approved Signature: Approved Date: Proposed Dock and Boathouse Layout ..4 -Lot Width - 80-feet - Required Side Setbacks-15-feet - Maximum Protrusion Requested: 40.3-feet, measured from the Seawall. 1- Per LDC Section 5.03.06.F.2 a boathouse roof Imay overhang no more than 3-feet into the 'waterway beyond the maximum protrusion and/or iside setbacks. There is no encroachment into ,side setback and the boathouse roof alone will ,protrude no greater than 41.6-feet which is less than the 42.8 allowable. South P/L 30.7' 31 2' Wet Face of Seawall 41.6' 40.3' Total Over Water Sq Ft 1209 Proposed Boathouse (16'wx35'I)560ft2 i Proposed 7,000 # Boat Lift w/ Thru Row I Decked PI Proposed Dock Id 12.0' 489 ft2 60, 32 5' 14 16 3' North P/L Existing Seawall Property Line { 4" waterward of wet face) GREG ORICK MARINE Name: Stuart Wood Address: 275 3''d St W CONSTRUCTION, INC.Bonita Springs, FL 34134 (239) 949•5588 Date: 5/24/2021 Approved Signature: Approved Date: 1.33' 3 1' Draft 2' Dock Facility — Cross Section PL 41.6' 35' Proposed Boat i ft1 fl Roof Material & Color same as Principal Stn 40.3' G REG ORICK MARINE Name: Stuart Wood CONSTRUCTION, INC. Address: 275 3`'d St W Bonita Springs, FL 34134 (239) 949-5588 Date: 5/24/2021 15.0' 0.2' Cap to PL Approved Signature: Approved Date: Wet Face of Wall Proposed Dock Level w/ the Existing Seawall 3.8' NAVD —1.5' Seawall Cap L5' Cap to Wet Face Little Hickory Bay -- — 914.1' 872.5' Available Navigable Channel from Proposed Dock to Existing Dock Across 1019.5' Total Waterway Width from Closest Point 1019 5 (MHWL to MHWL as indicated on Survey) Proposed Dock and Boathouse with a Total Protrusion of 41.6' North l_ P/L South`s P/L �" m 0 x 3 N n 10 N 0 N ALE: 1 " 4�P 1FfQgTO��'y N . 5335 ST TE OF - 'a. °•4 RID-` '�FOg RVEy OP���, �y11 11111\\\1\ PREPARED FOR: STUART WOOD DATE OF FIELD SURVEY: NOVEMBER 11, 2019 AGNOLI, BARBER & BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS 0191 mAY Wgmd SY Wayne D. Apnol, R. S. M. naoom ON, E=epn49rQa001, CN- Wayne D. BY-y!(ayQe n n9"^I;rjL_'. m. AqL. R. S. W. Oe N�noiBo Dm 6 8-ow, 1 -.L-Neplse WW"C=US Deb. 2021.0528 08:3523.04%' WAYNE D. AGNOLI, R.S.M., NO. 5335 DATE THIS SITE PLAN SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THIS SITE PLAN SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTIES WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES IS PROHIBITED BY CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE. THIS SITE PLAN SURVEY IS CERTIFIED AS TO THE DATE OF FIELD SURVEY, NOT THE SIGNATURE DATE. GENERAL NOTES: 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM EAST ZONE, NAD 83/90 DATUM AND REFERENCED TO THE NORTH LINE OF LOT 2, BLOCK F. LITTLE HICKORY SHORES UNIT 3, SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AS BEING SOUTH 89. 33' 28" EAST. 3. ELEVATIONS ARE BASED ON NAVD 1988. 4. THE VERTICAL CONTROL ACCURACY FOR THIS SURVEY WAS BASED ON THE FLORIDA STATE PLAIN COORDINATE SYSTEM EAST ZONE NAD 83-90 DATUM. 5. THE HORIZONTAL CONTROL ACCURACY FOR THIS SURVEY ACHIEVED THE COMMERCIAL/HIGH RISK LINEAR: 1 FOOT IN 10,000 FEET. SURVEYORS NOTE: C 275 3RD ST. WEST BOUNDARY SURVEY x -7.80 NOTE: WATER DEPTH ELEVATIONS } WD WERE DETERMINED BY SUBTRACTING Q MLWL(-.80) FROM BOTTOM ELEVATIONS D] x -5.89 WD x } D70 W N p x Y U J PROPERTY LINE ~ (80' PER PLAT) SCALE: 1"=20' SEE PAGE 1 x -5.05 x _33''33 WD RIPARIAN LINE W I - — — — — — —y—— — W%. 99 — — — — — — — — — x All x -8.25 S-10 WD d: x -6.20 WD Zx A '3•�p x w9.69 w2.6x8 DxWD x-SD.91 D W EXISTING DOCK ------------------- RIPARIAN LINE -4.44 _ �c x x -10.27 x -22�42 -1.63W WD -7..44 WD WD WD EXISTING SEAWALL ELEV.=3.7' SYMBOLS LEGEND rE; = ELECTRIC BOX = LIGHT S1; = WATER SERVICE FE = PROPERTY LINE MHWL=0.01' NAVD88 MLWI=-0.80' NAVD68 (ij EXISTING SEAWALL ELEV.=3.7' EXISTING CONCRETE SLAB ROPERTY LINE ,—EXISTING BRICK PAVERS W Z7 xG EXISTING WALL O ND N EXISTING SEAWALL ELEV.=3.W 71 AND XR& EXISTING FENCE LINE O 275 3RD ST. WEST EXISTING CONDITIONS NOTE: WATER DEPTH ELEVATIONS } WERE DETERMINED BY SUBTRACTING Q MLWL(-.80) FROM BOTTOM ELEVATIONS m r N o `1 _U 2 J PROPERTY LINE (80' PER PLAT) SCALE: 1"=20' �= SEE PACE 1 J RIPARIAN LINE - — — — — — — — — — — — — — — — PROPOSED 16'x10' BOAT LIFT nm W I DECKED PLATFORM PROPOSED DOCK W / PILES X 9.75' NOTE: PROTRUSION n IS MEASURED FROM n WETFACE (WIDTH OF BAY) — — — — — — — — — I --------- RIPARIAN LINE 2' PAL {` EDGE OF ::k_;',::::'. SW CAP SEAWW, DETAI EXISTING SEAWALL ELEV.=3.7' MHWL=0.01' 8 MLWL=-0.80' NAVNAV D88 Qjj EXISTING SEAWALL ELEV.=3.7' EXISTING CONCRETE SLAB ROPERTY LINE ,—EXISTING BRICK PAVERS —EXISTING WALL EXISTING SEAWALL ELEV.=3.8' EXISTING FENCE ■ LINE O 275 3RD ST. WEST PROPOSED DOCK NOTE: WATER DEPTH ELEVATIONS } WERE DETERMINED BY SUBTRACTING MLWL(-.80) FROM BOTTOM ELEVATIONS 0] } N o Y U_ 2 J PROPERTY LINE-) (80' PER PLAT) SCALE: 1"=20' J SEE PAGE 1 RIPARIAN LINE PROPOSED 16k1U' BOAT LIFT W I DECKED PLATFORM PROPOSED DOCK W / PILES 1.33' OVERHANG 1 3T OVERHANG o ^ NOTE: PROTRUSION IS MEASURED FROM `I n WETFACE (WIDTH OF BAY) - - - - - - - - Ll - - - - - - - - - RIPARIAN LINE 2' P/L ;;t,• EDGE OF SW CAP WF SEAW, DETAIi EXISTING SEAWALL ELEV.=3.7' MHWL=0.01' NAVD88 MLWL=-0.80' NAVD88 EXISTING SEAWALL ELEV.=3.7' EXISTING CONCRETE SLAB ROPERTY LINE EXISTING BRICK PAVERS -EXISTING WALL EXISTING SEAWALL ELEV.=3.8' EXISTING FENCE 4 LINE (D 275 3RD ST. WEST PROPOSED BOATHOUSE W Z7 0 EA fTl U) 1 N 13 1 14 15 16 17 SCALE: 1"=100' 18 19 7 20 8 21 9 22 10 23 11 16 O )I + i �z +s 1019.5' IF 275 3RD ST. WEST BAY WIDTH for, STUART WOOD a—sg XXX 88e; MAP OF SITE PLAN SURVEY OF LOT 2, BLOCK F drawn: LITTLE HICKORY SHORES, UNIT NO. 3 Ln SECTION S. TOWNSHIP 48 SOUTH & RANGE 25 EAST checked; (PLAT BOOK 6 3 PAGE 2) VVDA COLLIER COUNTY, FLORIDA add #. !� date: 1225 51 MAY 25, 2021 00! S �Wta�`1GNOLI OWN scale: 29 project iman iipARBER & cogo #:1' os-0o66 sheet #. iiini RUNDAGE,-, Ptnfeasbnal Etghreen, Pannero, Lath Survtyas 8 Ltuds®ye Ardlitttq! of >',asrm aNtLsw ma, Nlp.RNlM r 2"7a1+ file#: f:"tlM1b ot�.r,vebon Na.la 1L61 EBB &LC21000Cat F-r=A6