Resolution 2013-098 RESOLUTION NO. 13- 98
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA APPROVING FRED AND MARCI
WAHL'S APPEAL WHICH REVERSES THE DECISION OF THE
COLLIER COUNTY PLANNING COMMISSION AND APPROVING
PETITION NUMBER BDE-PL20120001428 THAT REQUESTED A
21.5-FOOT BOAT DOCK EXTENSION OVER THE MAXIMUM 20-
FOOT LIMIT AS PROVIDED IN SECTION 5.03.06 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE TO ALLOW
FOR A TOTAL PROTRUSION OF 41.5-FEET FOR A BOAT LIFT ON
THE EAST SIDE OF A BOAT DOCK FACILITY IN AN RSF-4 ZONE
ON PROPERTY DESCRIBED AS LOT 11, ISLES OF CAPRI
NUMBER 1 SUBDIVISION 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 of the 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 divisions of the County, among which is the granting of variances; and
WHEREAS, on March 1, 2012, the Collier County Planning Commission (CCPC)
adopted Resolution No. 2012-3 approving a 54.6 foot boat dock facility on the subject property
with the express condition that "the second boat lift on the east side of the dock is not approved";
and
WHEREAS, the Board of County Commissioners (BCC) on April 24, 2012 adopted
Resolution No. 12-71 approving a reduction of a side yard setback from 15 to 9.3 feet on the
eastern boundary of the subject property which would allow a boat lift in the reduced setback;
and
WHEREAS, on December 6, 2012, the CCPC heard the petition for a boat dock
extension for the boat lift on the east side of the dock and denied the boat dock extension; and
WHEREAS, Joshua W. Maxwell of Turrell, Hall and Associates, Inc. representing Fred
and Marci Wahl, filed an appeal of the December 6, 2012 decision of the Planning Commission;
and
WHEREAS, the Collier County Board of Zoning Appeals (BZA) has held a public
hearing after notice as in said regulations made and provided, and has considered the advisability
of a boat dock extension as provided in Section 5.03.06 of the Land Development Code to permit
a 41.5-foot protrusion for a boat lift on the east side of a boat dock facility, as shown on the
attached Exhibit "A", in the RSF-4 Zoning District for the property hereinafter described, and
has found as a matter of fact that satisfactory provision and arrangement have been made
Wahl Boat Dock Ext. Appeal 1 of 2
ADA-PL20130000004
concerning all applicable matters required by said regulations of the 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 BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA that:
The decision of the Collier County Planning Commission is reversed and Petition
Number BDE-PL20120001428 filed by Joshua W. Maxwell of Turrell, Hall and Associates on
behalf of Fred and Marci Wahl 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 is hereby approved for a 21.5-foot extension over the maximum 20-foot limit to
allow a protrusion of 41.5 feet for a boat lift on the east side of a boat dock facility in the RSF-4
zoning district wherein said property is located, in accordance with the site plan attached hereto
as Exhibit "A".
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote this 23`d day of April,
2013.
• 80Aa
ATTEST:<�\� a �: BO= ' ) 0F ZON' G APPEALS
DWIG A:BROCI , Cf- RK C e L iE" C• ■.TY, FLORIDA
ti
By: - . -, 4 By:
P - :uty.Clerk,,-.`I 'O'GIA A. HILLER, ESQ.
Attest as to dirrnatls_ Chairwoman
signature only.,
Approved as to form and legal sufficiency:
�i / I (}
H idi As ton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A— Site Plan
CP\13-CPS-01209\8
Wahl Boat Dock Ext. Appeal 2 of 2
ADA-PL20130000004
1
Zo v 7 N
o � wo N g LI
o p 1
0
�' wQo0W � p
UI! kft t-2 R, x o w Wf; f P.U 80.¢O yw' F n ,1 ;.„1. _ O
O Q Q til X O E2 — G K LL S �GV �� 4d<bC
0 o w ,, U . )3� as .s4 ; 09-g o
E- ° � 0w co
21.
J �. .!
.� A i•-41 s
0
i ---1:'•$• _.....
I
3NI1 NVI8Vdlel
,E'81. °'
,9.b9 ii
al 0 6 :
--A-13.44 4=t--- • — c\J''' co- -
Hi -. � , Y W Q f.lJ � �'
i�v.:a ��•ii�_ U Q „ O� I O w N 1
1 s 8'O —. w F-
m .
sr Q . '.
a
i • _ . — . — _ _ aw
I �z
i AM
I i .. -‘9, 3. s
v 6 qe'4
3Nfl NdIyl� Y U
�
p u �
I
LLJ
• C4
1 Z11 74 LI=0 > v
CCCCU,�� Q r,,
c-a'C .ram i
y8
A
A
t y.
P 1 1111W aYLDock1CA7l6HE£TIPERNR.COUNTYl1115 WAHL_BCEcop PRO LINE 8r111C12 RANCH JONES
N
I I N
z
W .z ` cd, Z
H c° � ;
°
III moo : � X
F..,
th 11111 fii li"
N
CO °w 1= m PtJ 0000
CL. 03
g. WIlii
w
o
iI l. . . . . . . . . J w
0A.E_Iotampiummimimim.9 i
a•
N: ca al W J 4. �Y or in U '1 iiillii:, I I p CO
m Z
W m 0 0 i
I O . e o' Dom Ci
c0 I I u q ‘,.0.
/ CO '12
� U1n sz. CO W
v aap U •
6
Zo : Cw
wiw gi 1 1 < g I--
/ 1\/), o
-: 1 Liri...----1.,............9
woa; zwo 4
inwiwn n�\ uJ\ �� \\
(1_ ,_.: 00 < Z
W W E W // /
W � OOjw rnJ __ \ \ ° d �
Luoaa > x -- U I I ,/ / / 6 .
/. /
INIIIIIIIIIMEMIZMinnumummummiew \ 1,1
-P 1111SWaN C y1CAR.5PEETPERM T.COJNTy,1113 WN1�JCC mq SECT ON&'V2 12 RAPC JONES