02/16/2016 - Laserfiche WebLink

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Staff has been contacted by Mr. Garrett Donlin, owner of Lot 19 in Riverside Estates (1010 Morningside Drive), and by his neighbor Mr. Andy Mustapick at 1026 Morningside Drive (Lot 17), to see if the County would allow the dock to remain as a community dock serving the residents of Riverside Estates. Two other residents of Morningside Drive, however, including Mr. Jay Hauth, who owns the lot immediately adjacent to and north of the dock, have contacted the County and have expressed an objection to County allowance of the dock. This matter is now being presented to the Board of County Commissioners for the Board to give direction to staff to either remove the unpermitted dock or allow the dock to remain with after -the -fact permitting, for either limited community use or for general public use. ANALYSIS The dock is located in the Jungle Trail Narrows section of the lagoon and, if allowed to remain, will need to be approved as a new dock. In order to be consistent with the adopted Manatee Protection Plan, the scale of the dock will need to be limited to that of a single-family dock which is allowed to accommodate the mooring of no more than two boats. In addition, if allowed to remain, the County should consider limiting the dock to non -motorized watercraft. Recently, staff contacted FDEP (Florida Department of Environmental Protection) about the existing, unpermitted dock. Regarding State permitting, FDEP staff has indicated that the dock structures would qualify for after -the -fact permitting exemption verification (if the County allows the dock), with no submerged lands lease requirement if the dock's use is not profit -generating. Following is a summary of issues and/or actions associated with the three alternatives of: 1. Removing the dock and associated structures; 2. Allowing the dock and associated structures to remain (subject to after -the -fact permitting and required modifications) for exclusive community use by residents of Riverside Estates; or Allowing the dock and associated structures (subject to after -the -fact permitting and required modifications) to remain for non-exclusive general public use. 1. Removal of the dock and associated structures This past summer, when the County's marine contractor was mobilized to repair the docks at the nearby Jones's Pier Conservation Area, county staff asked the contractor to provide a cost estimate for removal of the subject unpermitted dock and associated structures. At that time, staff received an estimate of $3,200.00. No building permit or state approval would be required for removal of the dock, staircase and mooring poles. County building staff has reviewed recent photographs of the structures and has made a preliminary determination that the dock and associated staircase do not meet applicable building code standards. As such, removal of the dock, staircase and mooring poles would eliminate liabilities associated with the unpermitted structures, which are not constructed to code. 64