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Agenda Item: 10(b) |
Prepared By: Mary P. Holden - Planning Manager |
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Business: Resolution |
Department: Community Affairs - Growth Management |
Subject:
Title
RESOLUTION - Boat Dock Extension (BD-24-000147) Request to allow for a Vessel to Encroach into the Side Yard/Riparian Setback for property located at 831 Perrine Court, Marco Island, FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
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PROJECT DESCRIPTION:
On April 5, 2024, the Planning Board approved BD-22-000210 for a two-foot encroachment into the west side yard/riparian setback for the property located at 831 Perrine Court. Once the Owner moored the vessel at the dock, it was discovered the encroachment was approximately 6 feet into the riparian setback. As a result, the Owners removed the vessel from the Property
The Owners have submitted a new Boat Docking Facility Extension Request to provide for the vessel to encroach 6.7 feet into the 8.7 west side yard/riparian setback. If granted the resulting setback would be a two-foot setback on the west side of the Property. While the Owners state in their request that the “. . . intent of this variance petition is to correct a Scrivener’s Error…,” City staff does not consider the request for the additional six foot (6’) encroachment into the side yard/riparian setback to be a “scrivener’s error.”
By way of background, the existing dock is a legal nonconforming since it was permitted, constructed and a certificate of occupancy issued under Collier County. The City of Marco Island current codes would require a 12-foot setback on both sides due to the lot frontage being 80 feet. This is not a variance request for a dock, but a request to permit the vessel to further encroach into the side yard/riparian setback. The application, survey, letters from neighbors and additional information are attached.
FUNDING SOURCE / FISCAL IMPACT:
Applicant has paid $1,500.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS:
15 days prior to the City Council hearing.
NOTICE APPEARANCE DATE(S): March 24, 2025
RECOMMENDATION:
STAFF RECOMMENDATION AND FINDINGS:
Staff recommend the Planning Board deny the Owners’ requested riparian encroachment based on the below findings:
1. The current docking facility is a legal non-conforming structure as it was approved by Collier County with an 8.7-foot side yard setback on the west side. To approve this request will increase the non-conformity, and result in only a two-foot side yard/riparian setback on the west side of the Property.
2. There are no special conditions related to the subject property or waterway that justify the requested two-foot setback.
3. The vessel’s overall length is 45.4 feet, and the water frontage for the Property is 80 feet. Based on these dimensions, the vessel’s length exceeds the 50% allocation as provided in the Land Development Code, which would result in only leaving a two foot side yard/riparian setback from the west property line.
POTENTIAL MOTION:
Move to approve Resolution 25-XX with the listed findings and conditions.