HEX Final Decision #2025-43HEX NO. 2025-43
HEARING EXAMINER DECISION
DATE OF HEARING.
November 13, 2025
PETITION.
Petition No. BLCD-PL20240004122 - 155 Windward Cay -Request to approve a Boat Lift
Canopy Deviation for a second 27400t by 18.5400t boat lift canopy in addition to the allowed
35400t by 21400t boat lift canopy on a canal -front lot pursuant to section 5.03.06.G.3 of the
Land Development Code (LDC). The subject property is located at 155 Windward Cay,
further described as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9, Township
52 South, Range 28 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests a Boat Lift Canopy Deviation (BLCD) for a second 27-foot by 18.5-foot
boat lift canopy in addition to the allowed 3546ot by 2146ot boat lift canopy on a canal -front lot
pursuant to section 5.03.06.G.3 of the Land Development Code (LDC).
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 Code %J 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 County Staff presented the Petition followed by the Petitioner and/or Petitioner's
representative, public comment and then rebuttal by the Petitioner and/or Petitioner's
representative. There were no objections at the public hearing for this item.
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5. The County's Land Development Code (LDC) Section 5.03.06.G. lists the criteria for boat lift
canopies. The Hearing Examiner may approve, approve with conditions, or deny a deviation
from the listed boat lift canopy standards in the Land Development Code, Section 5.03.06.G.1
Standards for boat lift canopies in Section 5.03.06.G:
1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally
permitted, by the requisite local, state, and federal agencies if the following criteria are
met.
a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift
on each side.
The record evidence and testimony from the public hear•ing reflect that this crite�°ion
HAS BEEN METfor both proposed canopies.
b. The length of the boat lift canopy shall not exceed 35 feet.
The record evidence and testimony fi•om the public hearing reflect that this criterion
HAS BEEN MET for both proposed canopies.
c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest
point of the canopy to the height of the dock walkway.
The �°ecord evidence and testimony,fi•om the public hearing reflect that this criterion
HAS BEEN MET for both proposed canopies.
d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain,
not to exceed 18 inches shall be permitted on the sides.
The record evidence and testimony from the public hearing reflect that this criterion
HAS BEEN MET for both proposed ccfltk-w es.
e. Boatlift canopies shall meet the requirements of Awnings and Canopies in the Florida
Building Code.
The record evidence and testimony from the public hearing reflect that this criterion
HAS BEEN MET for both proposed canopr.'es.
£ Canopy cover material shall be limited to beige or mid -range shades of blue or green.
The record evidence and testimony from the public hearing reflect that this criterion
HAS BEEN MET for both proposed canopies.
1 The Hearing Examiner's findings are italicized.
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g. No boat lift canopies shall be permitted at sites that contain either a boathouse or a
covered structure.
The record evidence an testimony from the public hearing reflect that this criterion
HAS BEEN MET for both proposed canopies.
2. Lots with frontage on canals shall be permitted a maximum of one boat lift canopy per site.
Lots with frontage on bays shall be permitted a maximum of 2 boat lift canopies per site.
The record evidence and testimony fi°om the public hearing reflect that this criterion HAS
NOT BEEN MET. The applicant desires to construct two dusky blue boat lift canopies
over a lai-i filly permitted dock facility on a canal --front property inhere there are no
boathouses or other covered structures. Both canopies, measuring 27 feet by 18. 5 feet and
35 feet by 21 feet, are 12 feet in height and are Code compliant; the deviation is only for
the number of canopies on a canal front property.
ANALYSIS.
While the LDC does not contain review evaluation criteria in the event of a deviation fiom a Boat
Lift Canopy, County staff has recognized that both proposed canopies satisfy the criteria required
by LDC Section 5.03.06.G.1. Therefore, staff provided expert testimony that the County can
support the requested deviation from Section 5.03.06.G.2. The deviation is only for the number of
canopies on a canal -front property.
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 standards set forth in Section 5.03 o06oG
of the Land Development Code to approve the Petition. The Petition for both proposed canopies
meets 7 of 7 criteria as set forth in Section 5.03.06.G.I ., and requests approval for a deviation from
the criteria as set forth in Section 5.03.06.G.2.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number BLCD-PL20240004122, filed by
Sherry Gaston, representing the owner/applicant Josef F. Mack, Trustee, of Josef F Mack Living
Trust, with respect to the property described as Property ID No. 68300003008, located at 155
Windward Cay: also known as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9,
Township 52 South, Range 28 East, Collier County, Florida, for the following:
• The petitioner requests approval for a Boat Lift Canopy Deviation for a second 2746ot by
18.5- foot boat lift canopy in addition to the allowed 35-foot by 21-foot boat lift canopy on
a canal -front lot pursuant to section 5.03.06.G.3 of the Land Development Code (LDC).
Said changes are fully described in the Canopy Details attached as Exhibit "A" and Proposed Site
Plan attached as Exhibit "B", and are subject to the conditions) set forth below.
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ATTACHMENTS.
Exhibit A — Canopy Details
Exhibit B — Proposed Site Plan
LEGAL DESCRIPTION.
The subject property, Property ID No. 68300003008, is located at 155 Windward Cay: also known
as Lot 50, Port of the Islands (The Cays) Phase II, in Section 9, Township 52 South, Range 28
East. Collier County, Florida.
CONDITIONS.
1. All other applicable state or federal permits must be obtained before commencement of the
development.
2. The boat lift canopies are to be removed upon issuance of an official hurricane warning
affecting the location of the boat lift canopy; and
3. A Building Permit, or building permits,
placement of the subject boat lift canopies.
DISCLAIMER.
shall be obtained for the construction and/or
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
may 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. 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.
December 11, 2025
Date
ry /�
Andrew Dickman, Esq., AICP
Hearing Examiner
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