8/22/1989 - Laserfiche WebLink

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AUG 2 21989 Boge ground which was approved as a part of a site plan approval for the overall project. Director Keating felt there may be a way it could be done through a provision in the ordinance for allowing certain modi- fications that reduce a non -conformity, and he believed that what you have here is an existing non -conformity. Attorney Bruce Barkett, representing Sea Oaks, advised that the DNR has not said they can't do it. In fact, their attorney in Tallahassee has spoken with the DNR, and the DNR has said that they probably will permit this building, which is the problem with Attorney Vitunac's scenario. If the County tells them to go to the DNR and the DNR says, "Okay, all you have to do is this, this, and this, and you can build on your original site plan", the County will have lost out on both its objectives. Attorney Barkett understood, according to Attorney Vitunac, that the Board of County Commissioners always has the ability to do something if they think it is in the public interest and the public good. What this application is doing is pulling this building back 120 feet from its original site which was basically right at the base of the dune, and at that time it was landward of the coastal construction control line. That being the case, and since Sea Oaks' request would serve the Board's objective for protecting the dune, his client is requesting the lifting of the condition on the height restriction. Commissioner Bird liked the revised plan better than the first one, and if we have the ability to grant it, he would be willing to do that without putting them through that hurdle, unless Attorney Vitunac feels that it is absolutely necessary in order to preserve our standing or something. Attorney Vitunac advised that if the Board is willing to protect the dune and not force Sea Oaks to go through a long and expensive procedure, we can do what Director Keating suggested about reducing a non -conformity. 10