Agenda Item: 10(a)
Prepared By: Joshua G. Ooyman, Planner II
Business: Resolution
Department: Community Affairs/Growth Management
Subject:
Title
RESOLUTION - Boat Dock Extension (BD-26-000061) Request to allow for a 3.3 Foot Encroachment into the Required 7.5 Foot Side Yard/Riparian Setback for Property Located at 384 S. Heathwood Dr., Marco Island, FL 34145 - Josh G. Ooyman, Planner II, Community Affairs/Growth Management
Body
BACKGROUND:
PROJECT DESCRIPTION:
Crocker Marine Services, Inc. has submitted, on behalf of Michael & Melissa Tschida (the "Owners"), a petition for approval of a boat dock extension at the above-referenced property. The proposal is to allow for a boat dock to encroach 3.3 feet into the required 7.5-foot riparian setback. The Owners variance was submitted because the subject dock was constructed out of conformance with the approved plan. The petition, plans and narrative are attached.
FUNDING SOURCE / FISCAL IMPACT: Applicant has paid $1,500.00 in applicable fees.
PUBLIC NOTICE REQUIREMENTS: 15 days prior to Planning Board meeting
NOTICE APPEARANCE DATE(S): April 13, 2026
RECOMMENDATION:
STAFF RECOMMENDATION AND FINDINGS:
Based upon the applicant's representations, staff acknowledges that the dock was constructed in a good faith effort to conform with the approved plan. Notwithstanding the good faith efforts, the dock was constructed 3.3' into the required 7.5' riparian setback. The adjacent property owner indicated that they have no objection to the encroachment. Following a review of the petition, however, City staff does not find sufficient reason to support the request beyond contractor error. There is sufficient room to construct the dock as approved. Therefore, City staff finds there is no justification to grant the petition, and recommends the Planning Board deny the petition.
Findings:
1. The dock meets the other requirements and boat facility standards in the Land Development Code.
2. The applicant in...
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