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E B 5 1991 BOOK 82 PAUL <br />TO: James Chandler <br />County Administrator <br />D S .ON HE CO C RENCE : <br />Robert M. Kea t ng, P <br />Community Deve opm4ni Director <br />FROM: Roland M. DeBloiseo,2 <br />Chief, Environmental Planning <br />DATE: January 30, 1991 <br />SUBJECT: REQUEST,FOR PERMISSION TO UTILIZE <br />INDIAN RIVER COUNTY RIPARIAN LAND <br />FOR A SINGLE-FAMILY DOCK OFF <br />CALCUTTA DRIVE, IN COUNTRY CLUB POINTE S/D <br />It is requested that the following data be given formal <br />consideration by the Board of County Commissioners at their regular <br />meeting of February 5, 1991. <br />DESCRIPTION AND CONDITIONS: <br />On December 23, 1990, Mr. and Mrs. Frederick M. Droege of Orlando, <br />Florida requested permission from the County to construct a single- <br />family dock along the east right-of-way of Calcutta Drive in <br />Country Club Pointe Subdivision, Unit #1. The Calcutta right -of <br />way abuts an artificial canal within the subdivision. Mr. and Mrs. <br />Droege are in the process of buying a home on Lot 16; Block 2 of <br />Country Club Pointe, Unit #1, and wish to gain assurance of their <br />ability to construct a dock along said right-of-way. <br />Past county policy has been to allow single-family dock <br />construction within the canal along the right-of-way, provided the <br />dock is owned by a resident of the subdivision, and provided the <br />owner/applicant signs a waiver holding the County harmless <br />regarding liability. In the past, such approval has been handled <br />administratively. <br />In consulting with county attorney staff, planning staff were <br />recently advised that the execution of a "license agreement" <br />approved by the Board of County Commissioners is prudent, beyond <br />past practices of accepting an administrative waiver. As such, <br />this matter is presented to the Board for their acknowledgement and <br />approval. <br />ALTERNATIVES AND ANALYSIS: <br />On May 6, 1985, then county attorney Gary 'Brandenburg advised <br />planning staff of the county's policy to allow private single- <br />family docks along the Calcutta Drive right-of-way, on a first- <br />come -first -serve basis, exclusive to residents of Country Club <br />Pointe, provided the county was held harmless (see attached). <br />Subsequently, staff developed a standard waiver form that was <br />utilized for a number of docks within the canal, along the right- <br />of-way. A license agreement would accomplish the same objective, <br />yet is an improved legal document for purposes of risk management <br />in that the county is now self-insured. <br />10 <br />