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�� 1991 BOOK 8 PAC <br />time as they are repaired or rebuilt. He couldn't see asking <br />people to spend a lot of money to raise their 4 ft. docks to 5 <br />ft. <br />Commissioner Bowman emphasized that there are people out <br />there who were told the docks had to be 5 -ft. above the water, <br />but went ahead and built them lower anyway. <br />As one Commissioner, Commissioner Scurlock didn't want to <br />pass something here that would require people all over the county <br />to take out their docks or boat slips, but Commissioner Bowman <br />stressed that they all know they are in violation. <br />Commissioner Scurlock countered that while they may know <br />they are in violation, he didn't believe they went out there <br />intentionally and violated the law. <br />Commissioner Bowman maintained that they did, because they <br />paid no attention when the Corps of Engineers officer told them <br />of the requirements. <br />Director Keating advised that our existing non -conforming <br />language in another part of the ordinance covers this, but <br />Commissioner Eggert felt we should include some language right in <br />this section and not depend on something in another part of the <br />ordinance. <br />Attorney Vitunac advised that non -conforming language now <br />says that they had to be validly existing before the law changed. <br />The people who put them up without a permit would not come under <br />the non -conforming exception unless the Board changed that. The <br />Board would have to give a blanket exception that any dock that <br />is there now, no matter how illegal, would qualify for this <br />exception. <br />Commissioner Eggert understood then that we are going to <br />wait until the next public hearing on May 15, 1991, to make a <br />decision about the square footage limitation for a boat shelter <br />since the State may have made a change by then. <br />Discussion returned to the protection of the seagrass beds, <br />and Commissioner Scurlock asked if Grand Harbor is complying with <br />the 5 -ft. requirement in their $4 -million boat basin. <br />Director Keating explained that the way this is written they <br />would not have to meet the 5 -ft. criteria. That is an artificial <br />waterway and there is no grass there. <br />Mr. DeBlois understood that the Corps of Engineers does not <br />require the 5 feet in all cases, so this would be going beyond <br />the State restrictions as presently written, but Commissioner <br />Scurlock pointed out that Commissioner Bowman's suggestion is for <br />"wherever seagrass may occur". <br />Commissioner Wheeler felt we really would be opening up <br />something if we did that. <br />10 <br />