5-28-2026 HEX PACKET
Hearing Examiner Meeting · 2026-05-28 · agenda_packet
[140 Wilderness Cay; case PL20250006100] The Hearing Examiner is considering a request for a 48-foot boat dock extension at 140 Wilderness Cay. The proposed extension would allow a total protrusion of 68 feet into a waterway that is 384± feet wide. The property is located at 140 Wilderness Cay, Lot 20, Port of the Islands (The Cays) Phase II, Section 9, Township 52 South, Range 28 East. The applicant is 140 Wilderness Cay LLC, with Bayshore Marine Consulting, LLC as the agent. The project was continued from April 23, 2026, to May 28, 2026, due to public comment and the need for the applicant's agent to confer with the client and affected parties. Revised plans reduced the protrusion to 59 feet and increased setbacks. Staff recommends approval subject to conditions related to building permits for the principal structure. [140 Wilderness Cay, Naples, FL 34114; case BDE-PL20250006100] This document details the criteria and process for a Boathouse Establishment Petition or Boat Dock Facility Extension (BD) in Collier County. It outlines primary and secondary criteria for evaluating such proposals, focusing on navigation, waterway impact, neighbor impact, and environmental considerations. A specific project at 140 Wilderness Cay is described, involving the construction of a fixed and floating dock facility with slips for a 33' LOA vessel on a boat lift and a 50' LOA catamaran. The project proposes a maximum protrusion of 68' into a 384' wide waterway. The applicant is 140 Wilderness Cay LLC, owned by Abdiel Marin and Jessica Marin. The case number is BDE-PL20250006100. The document also includes details on submittal requirements, fees, and public hearing procedures. Public comment included letters of objection from several neighbors at addresses including 128, 132, 137, 141, and 144 Wilderness Cay, and 160 Cays Dr, 142 Windward Cay, and 160 Venus Cay. [140 Wilderness Cay, Naples FL 34114; case PL20250006100] This document contains correspondence and public comment regarding a petition for a boat dock extension at 140 Wilderness Cay, Naples, FL. The applicant, Bayshore Marine Consulting LLC, seeks to install a large dock complex to accommodate vessels up to 55 feet. Multiple neighbors have submitted objections, citing concerns about the dock's size (68-foot protrusion, 3,500 sq ft footprint), potential impact on navigation, waterway aesthetics, neighboring property values, riparian rights, and the precedent it would set for the Port of the Islands community. Neighbors argue that such a large dock is inappropriate for a single-family residential area and that larger vessels should be kept at the community marina. Some also dispute claims of neighbor consultation and raise concerns about environmental impacts and insufficient notice. [140 Wilderness Cay; case BD-PL20250006100] This document details public comments and objections regarding a proposed dock extension at 140 Wilderness Cay. The applicant seeks a variance for a large dock and vessel configuration, significantly exceeding the standard 20-foot protrusion limit. Objectors cite concerns about visual impact, environmental harm, navigational hazards, and setting a precedent for oversized private docks in a community that already has a marina. The proposal has been continued for revisions. [140 Wilderness Cay, Naples, FL 34114; case PL20250006100] This document details public comments and official correspondence regarding a proposed dock extension at 140 Wilderness Cay, Naples, FL 34114. The applicant, Marin family (represented by Bayshore Marine Consulting LLC), sought to moor a 50 x 30 foot catamaran and a 33 foot motorized vessel. The proposal involved a dock structure extending 59 feet into the Sanctuary Point canal, significantly exceeding the Collier County code limit of 20 feet. The project was continued from an April 23, 2026 hearing to a May 28, 2026 hearing. Numerous residents voiced strong objections, citing concerns about environmental impact on manatees and wildlife, obstruction of views, violation of county codes, setting a negative precedent for the community, and potential interference with navigation and neighboring properties. Some comments also questioned the ethics of the hearing process. A revised proposal increased the overwater structure from 972 sq. ft. to 1,260 sq. ft. but reduced the protrusion to 59 feet. A formal appeal was also filed with the Florida Department of Environmental Protection by Linda Grear of 144 Wilderness Cay. [1934 Don Benito Way, Naples, FL 34120 (Orangetree PUD); 140 Wilderness Cay, Naples, FL 34114 (Marin Dock); case PDI-PL20250006371 (Orangetree PUD); 0701-26 (Marin Dock)] This document contains information related to two distinct development projects. The first, at 140 Wilderness Cay, Naples, FL 34114, involves existing and proposed dock structures. The second, a PDI (Petition for Development Impact) for the Orangetree Planned Unit Development (PUD) at 1934 Don Benito Way, Naples, FL 34120, concerns an insubstantial change to signage standards for the Terreno at Valencia Golf and Country Club Master amenity pool café. This change allows for one illuminated sign, provided it is at least 100 feet from facing residential uses not separated by an arterial or collector road. Public comment at a neighborhood meeting was positive, with questions focused on sign details, operation, cost, and timeline. Staff recommends approval of the signage amendment. [5 Pelican Street East; case PL20250012366 VA] Variance requested to reduce minimum side yard riparian setback from 15 feet to 5 feet on the west and 9 feet on the east for a proposed boathouse for a new dock facility. The property is a 0.24-acre lot with 43 feet of water frontage. The existing dock and boathouse were built in 1974 and 1981, respectively, and protrude 59 feet into the waterway. The proposed new dock will satisfy the 7.5-foot side yard for docks, but the boathouse will encroach into the 15-foot side setback. The new dock facility will protrude 77 feet from the property line. The variance is sought due to shallow water depths and converging riparian lines making a shore-normal approach the only viable option. Staff recommends approval. [5 Pelican St E, Naples, FL 34113; case BD-PL20250007918 and VA-PL20250012366] This record details a public hearing for a dock and boathouse facility at 5 Pelican Street East, Naples, FL. The applicant, Hal and Karen Bulmash, represented by Bayshore Marine Consulting, LLC, sought to remove an existing dock and boathouse and replace them with a new facility. The proposed project includes an 18-foot by 38-foot boathouse and a dock extending 77 feet into a 640-foot wide waterway. This required variances for side yard riparian setbacks (reducing from 15 feet to 5 feet on the west and 9 feet on the east) and an extension beyond the standard protrusion limits. The staff recommended approval, contingent on the approval of the variance petition. Public comment is not explicitly detailed in this portion of the record, but the process involved public notice and a hearing. [5 Pelican St. E, Naples, FL 34113; case VA-PL20250012366 and BDE-PL20250007918] This record details a public hearing for a proposed dock and boathouse at 5 Pelican St. E, Naples, FL. The project involves a 1-slip dock extension and an 18'x38' boathouse. The Hearing Examiner reviewed criteria related to dock facilities, water depth, navigation, waterway width, and neighbor impact. The primary criteria were met, with the exception of the vessel length exceeding 50% of the property's linear waterfront footage. For the boathouse, a variance was required for side setbacks due to the narrow riparian area. The project was considered for approval, with a public hearing scheduled for May 28, 2026. No public comment is stated in this portion of the document.
Agenda items
- 1. Dock construction shall not commence until a Building Permit is issued for a principal
- 1. Minimum s ide setback requirement: Fifteen feet.
- 1. None at this time.
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Legal Services
- 1. Signs are required to be posted for all petitions. On properties that are one (1) acre or larger in size, the applicant
- 1. Staff Report 04032026
- 1. THIS IS A SPECIFIC PURPOSE SURVEY AS DEFINED IN THE STANDARDS OF PRACTICE FOR SURVEYING AND MAPPING IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE.
- 1. The dock facility is now shore perpendicular,
- 1. Water Width: ft. Measurement from: plat survey visual estimate
- 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in
- Construction (Other)
- Engineering & Architecture
- Real Estate Development
- 1. Whether or not the number of dock facilities and/or boat slips proposed is appropriate in relation to the
- 1. Whether or not there are special conditions, not involving water depth, related to the subject
- Construction (Other)
- Engineering & Architecture
- 1. Whether or not there are special conditions, not involving water depth, related to the subject property or
- 1. Whether the number of dock facilities and/or boat slips proposed is appropriate in
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Construction (Other)
- 1. Whether there are special conditions not involving water depth, related to the
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Construction (Other)
- Engineering & Architecture
- 1. ft. 2. ft. 3 . ft. 4. ft.
- 10. Attachment G1 - Correspondence Received Post Publication
- 10. LOCATIONS WERE OBTAINED USING REAL TIME KINEMATIC GPS METHODOLOGIES WITH BROADCAST CORRECTIONS FROM THE TRIMBLE VIRTUAL REFERENCE NETWORK AND A RE ACCURATE TO
- 11. Attachment H - Public Correspondence, Received since the first hearing on 04-23-2026
- 11. UNLESS OTHERWISE NOTED, FIELD BEARINGS AND DISTANCES ARE CONSISTENT WITH THE RECORD PLAT.
- 12. Attachment I - Revised Boat Dock Plans
- 12. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO DETERMINE THE GENERAL TOPOGRAPHIC AND BATHYMETRIC CONDITIONS ACROSS AND ADJACENT T O THE UPLAND PROPERTY .
- 13. Attachment J - Revisions to Applicant's Backup
- 13. HYDROGRAPHIC (BATHYMETRIC) DATA WERE COLLECTED UTILIZING AN ODOM CV100 SURVEY GRADE SOUNDER WITH A 200KHZ TRANSDUCER IN CONJUNCTION WITH REAL TI ME KINEMATIC GPS
- Engineering & Architecture
- 14. Attachment K - Updated Sign
- Site Prep, Grading & Hardscape
- General Contractor
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 14. CONTOURS WERE COMPUTER GENERATED AND INTERPOLATED FROM SURVEY DATA COLLECTED ALONG TWENTY-FIVE (25') SPACED TRANSECTS AND CAN ONLY BE CONSIDERE D AS INDICATING THE
- 15. CONTOURS SHOWN HEREON ARE RELATIVE TO THE NORTH AMERICAN VERTICAL DATUM OF OF 1988 (NAVD 88) AND ARE DISPLAYED AT ONE-FOOT ( 1') INTERVALS.
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- 16. PER THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), TIDAL DATUMS DO NOT EXIST FOR THIS SITE. AS SUCH, THE SAFE UPLAND ELEVATION OF +1.75 NAVD 88 WAS PROVIDED
- General Contractor
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Legal Services
- 2. A Certificate of Completion for the subject dock facility shall not be issued until a
- 2. Maximum protrusion into waterway: Twenty-five percent of canal width or 20 feet, whichever is less. The roof alone
- 2. Official Interpretations or Zoning Verifications:
- 2. Supplemental Staff Report 05192026
- 2. THIS SURVEY IS CERTIFIED TO BAYSHORE MARINE CONSULTING, LLC AND J. JEFFERY JERUE.
- 2. The dock facility protrusion has been reduced from 68 feet to 59 feet (a reduction of 9
- 2. Total Property Water Frontage:
- 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general
- 2. Whether or not the water depth at the proposed site is so shallow that a vessel of the general length, type,
- 2. Whether the proposed dock facility would allow reasonable, safe access to the vessel
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Construction (Other)
- 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel
- Concrete & Masonry
- Site Prep, Grading & Hardscape
- Construction (Other)
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Carpentry & Cabinetry
- Building & Industrial Supply
- Engineering & Architecture
- 2. Whether the proposed dock facility would allow reasonable, safe, access to the vessel for loading/ unloading
- 2. Whether the water depth at the proposed site is so shallow that a vessel of the
- Engineering & Architecture
- Site Prep, Grading & Hardscape
- Construction (Other)
- Building & Industrial Supply
- Real Estate Development
- Legal Services
- Waste Management
- 3. Advertised Public Hearing
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- Landscaping & Lawn Service
- Signage & Printing
- 3. Attachment A - Site and Dock Plans
- 3. For single -family dock facilities, whether or not the length of the vessel, or vessels in
- 3. For single-family dock facilities, whether or not the length of the vessel, or vessels in combination, described by
- 3. For single-family dock facilities, whether the length of the vessel, or vessels in
- 3. I have authorized the staff of Collier County to enter upon the property during normal working hours
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- 3. Maximum height; Fifteen feet as measured from the top of the seawall or bank, whichever is more restrictive, to the
- 3. Setbacks: P rovided: ft.
- 3. THIS SURVEY IS INTENDED EXCLUSIVELY FOR THE USE BY THOSE TO WHOM IT IS CERTIFIED. IT IS NOT TO BE USED BY OTHERS FOR CONSTRUCTION, PERMITTING, DESIGN OR ANY OTHER USE
- 3. The eastern side/riparian setback has increased from 27.5 feet to 40 feet, 15 feet is the
- 3. Whether or not the proposed dock facility may have an adverse impact on navigation within
- 3. Whether or not the proposed dock facility may have an adverse impact on navigation within an adjacent
- 3. Whether the proposed dock facility may have an adverse impact on navigation
- 4. Attachment B - Specific Purpose Survey
- 4. Maximum number of boathouses and covered structures per site: One.
- 4. THIS SURVEY, AND ANY REPRODUCTION THEREOF, IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITAL SIGNATURE AND SEAL OF A FLORIDA REGISTERED SURVEYOR . ADDITIONALLY, THIS
- 4. The western side/riparian setback has increased from 18.5 feet to 20 feet; 15 feet is
- 4. Total Protrusion of Proposed Facility into Water:
- 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the
- Construction (Other)
- Engineering & Architecture
- Legal Services
- 4. Whether or not the proposed dock facility protrudes no more than 25 percent of the width
- 4. Whether or not the proposed dock facility protrudes no more than 25% of the width of the waterway,
- 4. Whether or not the proposed facility would have a major impact on the waterfront view of
- Construction (Other)
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Legal Services
- Marine Services & Boat Repair
- 4. Whether or not the proposed facility would have a major impact on the waterfront view of neighboring
- 4. Whether the proposed dock facility protrudes no more than 25 percent of the width
- 4. Whether the proposed facility would have a major impact on the waterfront view of
- Site Prep, Grading & Hardscape
- Construction (Other)
- Utilities (Sub)
- 5. All boathouses and covered structures shall be completely open on all 4 sides.
- 5. Attachment C - Permit PRFH20251252998, Site and Architectural Plans
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Building & Industrial Supply
- 5. Number and Lengths of Vessels to Use Facility:
- 5. OTHER THAN THOSE SHOWN ON THE REFERENCED PLAT, NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS, ENCUMBRANCES OR OTHER INSTRUMENTS OF REC ORD WHICH
- 5. The total overwater structure has increased from 972 square feet to 1,260 square feet
- 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If
- 5. Whether or not seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are
- 5. Whether or not the proposed location and design of the dock facility is such that the facility
- Construction (Other)
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Real Estate Development
- Engineering & Architecture
- Landscaping & Lawn Service
- Marine Services & Boat Repair
- 5. Whether or not the proposed location and design of the dock facility is such that the facility would not
- 5. Whether seagrass beds will be impacted by the proposed dock facility. (If seagrass
- 5. Whether the proposed location and design of the dock facility is such that the
- 6. Attachment D - Applicant's Backup, Application and Supporting Documents
- 6. If applicable, the distance between dock facilities per the Land Development Code section 5.03.06 H.1.d.
- 6. Roofing material and roof color shall be the same as materials and colors used on principal structure or may be a palm
- 6. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1" = 25' OR SMALLER.
- 6. Whether or not the proposed dock facility is subject to the manatee protection requirements
- General Contractor
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Real Estate Development
- Building & Industrial Supply
- 6. Whether or not the proposed dock facility is subject to the manatee protection requirements of LDC subsection
- 6. Whether the proposed dock facility is subject to the manatee protection
- Construction (Other)
- Legal Services
- Engineering & Architecture
- 7. Attachment E - Sign Posting PL20250006100 04072026
- 7. List any additional dock facilities in close proximity to the subject property and indicate the total
- 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent
- General Contractor
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- 7. UNDERGROUND UTILITIES WERE NOT LOCATED AS PART OF THIS SURVEY.
- 8. Attachment F - Publication Confirmation
- 8. BEARING AND DISTANCES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICA DATUM OF 1983, 1990 ADJUSTMENT (NAD 83/90), FLORIDA STATE PLANE, EAST ZONE (0901 ), TRANSVERSE
- 9. Attachment G - Correspondence
- 9. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N89°42'13"W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF WILDERNESS CAY.
- A. Backup provided by the County Planner
- A. Site and Dock Plans
- B. Backup provided by Applicant:
- General Contractor
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- Legal Services
- Landscaping & Lawn Service
- B. Specific Purpose Survey
- C. Building Permit Application/Site Plan, PRFH20251252998
- CC: John Kelly, Planner, John.Kelly@collier.gov
- Site Prep, Grading & Hardscape
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- D. Applicant’s Backup; application and supporting documents
- E. Public Hearing Sign Posting
- F. Publication Confirmation
- Construction (Other)
- Engineering & Architecture
- Building & Industrial Supply
- Real Estate Development
- H. Public Correspondence, Received since the first hearing on 04/23/2026
- I. Revised Boat Dock Plans
- J. Revisions to Applicant’s Backup
- K. Public Hearing Sign Posting, updated 04/24/2026
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Construction (Other)
- Building & Industrial Supply
- Engineering & Architecture
- Real Estate Development
- a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in
- a. Not Met per Bayshore Marine Consulting, LLC
- a. Residents in the adjacent canals have secured permits to dredge the bottom of the
- Site Prep, Grading & Hardscape
- Utilities (Sub)
- a. The cove in the canal in front of the Marin property is a gathering and viewing site for
- Engineering & Architecture
- Professional Services (Other)
- Construction (Other)
- Landscaping & Lawn Service
- a. While there are no visible marked or charted signage in the canal/channel,
- Site Prep, Grading & Hardscape
- Construction (Other)
- Real Estate Development
- Engineering & Architecture
- Legal Services
- Building & Industrial Supply
- Landscaping & Lawn Service
- a. “The proposed dock configuration has been proposed as such following
- b. Deep water docks are available for rent or purchase at the Port of the Islands
- b. If the property is owned by a CORPORATION, list the officers and stockholders and the
- b. “We do not believe that the proposed project will cause any major impacts to the
- Construction (Other)
- Engineering & Architecture
- c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
- c. The Johnston property, adjacent to the West of the proposed structures and dock,
- d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the
- e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
- f. If any contingency clause or contract terms involve additional parties, list all individuals or
- g. Date subject property acquired _______________
- Legal Services
- Engineering & Architecture
- Real Estate Development
- General Contractor
- Site Prep, Grading & Hardscape
- Concrete & Masonry
- Electrical
- Plumbing
- HVAC & Climate Control
- Roofing
- Painting & Flooring
- Drywall & Insulation
- Building & Industrial Supply
- Title & Settlement Services
Follow this across meetings
Applicants and firms
- 140 Wilderness Cay LLC
- 140 Wilderness Cay LLC (owned by Abdiel Marin and Jessica Marin), represented by Bayshore Marine Consulting, LLC.
- Bayshore Marine Consulting LLC (representing Abdiel & Jessica Marin)
- Not stated, but agent is Nick Pearson of Bayshore Marine Consulting.
- Marin family (represented by Bayshore Marine Consulting LLC)
- Pulte Home Company, LLC (Orangetree PUD); not stated (Marin Dock)
- Hal and Karen Bulmash (Owner); Nick Pearson of Bayshore Marine Consulting, LLC (Agent)
- Hal and Karen Bulmash (Owner), Bayshore Marine Consulting, LLC (Agent)
- Bulmash
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