8/27/1991 - Laserfiche WebLink

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Fr 66 27 BOOK Fr:CI Eugene Calderone, 1455 Pelican Lane, understood land is zoned so that so many houses can be built per acre; in an'RS-3 zone that means six houses could be built per acre. Now it seems this person wants to fill in a lagoon to increase the acreage and he felt this person is subverting the whole idea of the zoning system by making additional land where there was no land. Commissioner Wheeler pointed out that this lagoon is private property. Another point is that the Board is addressing the zoning question. The question of filling in a lagoon would be addressed if and when it comes up. Steve Henderson, attorney representing Mr. and Mrs. Krovocheck, stated he is in total agreement with one exception and that is with respect to the dredge and fill issue. He believed the Board understood that there is a process for deciding whether a dredge and fill permit will be issued, and he stated that process is under way. There are several state agencies involved, there is close scrutiny and a lot of hoops to jump through. Mr. Henderson felt it could be confusing to some people that a lagoon is privately owned, even though it has contact with the Indian River. He further stated that the County will review an application under Chapter 928 of our Wetlands Protection Ordinance, at which time Mr. Krovocheck will receive a fair hearing on the issue of dredge and fill. If the rezoning is granted at this time based on the idea of trying to eliminate the incentive or interfere with the dredge and fill application, that deprives Mr. Krovocheck of a fair hearing on that issue. Mr. Henderson stated he had brought to the meeting an environmental engineer, who has a degree in ocean engineering, who is handling the permitting. If the motivation to rezone the property is dredge and fill, then Mr. Krovocheck never gets the fair hearing he is entitled to under the due process concept. He stated that the Krovochecks are upset by the actions taken by their neighbors and the County. There was further discussion about the diagrams of the property and how the lots would be set up with and without fill and Mr. Henderson said that Mr. Krovocheck is prepared to accept a denial of the dredge and fill permit after a fair hearing, in which case he would change his plan. Mr. Henderson reminded the Board that the comprehensive land use plan was adopted after a long, exhausting process, and a property owner has an expectation of continuation of zoning unless there are compelling reasons for change. He hoped that if, in the future, the County considers requests by neighbors to rezone property, the Board should have preliminary hearings and direct staff to do an in-depth analysis 24 7-7 I