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County records indicate that a principal structure does not <br />presently exist on the subject property. Section 25.1(-c)(7), <br />Appendix A, Zoning, of the Code of Laws and Ordinances of <br />Indian River County requires an administrative permit for docks <br />constructed prior to the construction of a principal single- <br />family dwelling unit. Also, if mangroves are to be altered in <br />association with the project, a County mangrove alteration <br />permit is required prior to construction. <br />Section 16Q-20.04(5) of the Florida Administrative Code sets <br />forth specific standards and criteria for private residential <br />single docks constructed within the Indian River Aquatic <br />Preserve, among which is the following criterion: <br />The dock decking design and construction will insure <br />maximum lightpenetration, with full consideration of <br />safety and practicality (Sec.16Q-20.04(5)(b)(2), F.A.C.). <br />In that the project as proposed is to be located within the <br />Aquatic Preserve, the referenced criterion must be satisfied. <br />is staff's position that construction of the gazebo would be <br />in conflict with the light penetration requirement: - <br />The extent to which the submerged bottomlands of the proposed <br />project area will be impacted has not been determined; the <br />effect of Indian River development on ecologically valuable <br />seagrass beds should be considered. <br />RECOMMENDATION: <br />It is recommended that the Board of County Commissioners <br />authorize staff to forward the following comments regarding <br />this project to the Florida Department of Environmental Regu- <br />lation: <br />1) The Department of Environmental Regulation anc -otfier <br />appropriate agencies should coordinate with the D.N.R., in <br />that the project as. proposed is located in the Indian <br />River Aquatic Preserve and therefore subject to require- <br />ments of Chapter 16Q-20, Florida Administrative Code. <br />2) Construction of the proposed dockage project will not be <br />permitted by Indian River County until County regulations <br />regarding --dock construction and mangrove alteration (if <br />applicable) have.been satisfied. <br />3) The Department of Environmental Regulation and other <br />appropriate agencies should evaluate the potential impact <br />of marina projects on ecologically significant submerged <br />bottomlands such as seagrass beds in the Indian River. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Bowman, the Board unanimously authorized <br />staff to forward to the DER the 3 comments set out in <br />the above memo. <br />11 <br />M�U <br />BOOK 6 6' 859 <br />