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Fr___ -1.4 NOV 2 5 1988 BOOP( 66 PnUF 499 TO: The Honorable Members DATE: November 7, 1986 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: LANDCLEARING/TREE REMOVAL VIOLATION: DAVID ELLER AND - - / - SUBJECT: JIM BOUDET CV -86-09-644 Robert M. K6a9ng,_31CP Planning & Development Director THROUGH: Art Challacombe Chief, Environmental Planning FROM: Roland M. DeBlois REFERENCES: Staff Planner Environmental Planning Section It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on November 25, 1986. DESCRIPTION & CONDITIONS: On September 5, 1986,County staff observed that parcel number 25-33-38-00001-0020-00002.0 had been cleared, including the removal of thirteen (13) protected trees prior to the issuance of tree removal and landclearing permits. The parcel is approximately 9.94 acres in size, and is located on the south side of Oslo Road (9th Street, S.W.), in the 7700 block range. The property is zoned IG, General Industrial District. In addition, staff observed that the landclearing and tree removal had occurred in association with the development of a right-of-way, approximately 60 feet wide and extending approxi- mately 1,300 feet southward from Oslo Road, which was being developed without County approval. The property is currently owned by Mr. David Eller, d/b/a/ Relle Properties, and was cleared under the direction of Mr. Jim Boudet, brother-in-law of Mr. Eller and adjacent property owner. In a meeting with staff on September 29, 1986, Mr. Boudet explained that the property had been cleared with permission from Mr. Eller, to provide access to his (Mr. Boudet's) proper- ty, located south of and adjacent to Mr. Eller's parcel. He indicated that he was not aware of the need for County permits for landclearing and tree removal, or for the establishment of a right-of-way. Mr. Boudet stated that he obtained the ser- vices of a Mr. Wilbur Bell to perform the landclearing opera- tion. Staff has not succeeded in locating Mr. Bell to contact him; the County Tax Collector's office does not have record of an occupational license under the name of Wilbur Bell. ALTERNATIVES & ANALYSIS: Section 231-6(a) & (b), Tree Protection, of the Code of Laws and Ordinances of Indian River County, Florida prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500) per tree and landclearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. 36