5/15/1991 - Laserfiche WebLink

Home Browse Search

A number of factors - such as water depth, turbidity, bottom conditions, water quality, and distance from existing grassb.eds - influence whether or not grassbeds will expand into areas not presently occupied by seagrasses. In developing the wording of the ordinance, the county could attempt to set specific parameters to account for these factors, to determine where the 5 foot height should or shouldn't be required. However, to do so would be extremely difficult due to site specific conditions and the variableness of factor combinations. Areas of "extreme" conditions that prevent the possibility of grassbed establishment, such as relatively deep dredged manmade canals, could be eliminated in general. Other areas are not "cut and dry", and require site specific review. Therefore, staff recommend that, rather than include specific criteria in the ordinance, Section 932.07(5) be worded to allow the flexibility of a site specific review by county environmental planning staff (in coordination with the applicant) for sites in the vicinity of existing grassbeds. Staff would utilize existing and forthcoming seagrass inventory maps to aid in determining whether or not the 5 foot height would be required, in combination with site specific review. •Effect on Existing Structures: "Grandfathering -in" While the FDNR and ACOE now have restrictions on waterfront structure size and height above submerged aquatic vegetation, docks have been built in Indian River County that contravene these requirements, largely due to agency enforcement difficulties and deficiencies. As such, the question has arisen as to the "grandfathering" status of existing docks that would not satisfy the proposed county size and height restrictions. It is staff's position that Chapter 904, "Nonconformities," of the County Land Development Code will sufficiently grandfather -docks that were built in legal conformance with county regulations at the time they were built. Docks built illegally, either without required county permits or not in conformance with an issued county permit, should be required to satisfy the revised regulations as adopted. Staff do not recommend enacting any exceptions to grandfather -in illegally constructed docks. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the revised proposed ordinance amending the land development regulations (LDRs). In regard to the 3 concerns related to Section 12, Director Boling advised that, with regard to the restriction on the size of unwalled boat shelters, our ordinance as it exists today does not allow for unwall.ed boat shelters out over the water; therefore, anything that is added in now to allow that would allow a little more flexibility. We now also are proposing that the 160 sq. ft. area we originally suggested for such shelters be increased to 400 sq. ft., not including the terminal platform. The requirements the state is looking at include the terminal platform so what we propose would be less restrictive than the state. L MAY 15 1991