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Orr C 0 419911 <br />FOOK 6b FAME Cog <br />does not extend down to the mean high water mark. The whole <br />concept of accessory use is going to be inapplicable to that <br />situation. Mr. Stewart thought it would be easier to get rid of <br />that lot concept and simply say in the broadest terms that if you <br />are going to store a catamaran on the beach within the requirements <br />of the proposed ordinance that it be with the permission of the <br />upland owner. Now, once you get upland owner concept into the <br />ordinance you are not so concerned whether it is sitting on the lot <br />or if it is in the area between the lot line and the mean high <br />water mark; the situation would be covered. <br />Mr. Stewart also felt we should not worry about whether the <br />upland property is developed or not. He felt the beach is unusual <br />because no matter who owns the upland property, the public does <br />have some rather significant rights of the beach which nobody can <br />affect. Mr. Stewart also felt, and assumed the Board felt, that <br />there is no point regulating something where there does not seem to <br />be a problem. <br />Chairman Bird asked for clarification as far as deed <br />restrictions. He said he had been told the deed restrictions in <br />Ocean Ridge Subdivision prohibit having a boat stored on the beach. <br />He asked if deed restrictions supersede County ordinances. <br />Attorney Stewart responded that it would depend on the <br />circumstances. If the deed restrictions allow something that is <br />prohibited by the County ordinance, certainly the Ordinance would <br />prevail. Under the laws of the State of Florida the Supreme Court <br />has decided the public does have certain rights to use the beach in <br />certain reasonable ways. If a deed restriction contradicts those <br />rights that the Supreme Court has recognized, those rights are <br />going to prevail over the deed restrictions. <br />Attorney Stewart offered the following language for the <br />ordinance: "Boats stored in accordance with the requirements of <br />this section, by or with the permission of the upland owner, shall <br />be exempt from the requirements of Section 911.15(7)(b)1." <br />Deputy County Attorney Collins felt that language would be <br />appropriate if it is acceptable to the Board. <br />Ellen Walker addressed the Board, supporting Mr. Stewart's <br />position, and stated she was brought up in a family of sailors who <br />always had non -motorized boats and who care for the environment and <br />want the right to take their boats to the beach and use them. <br />Doug Moss, 9435 Periwinkle Drive, came before the Board <br />supporting Mr. Stewart's position. He recounted his 17 years of <br />using the beaches in Indian River County. He said that he caused <br />one of the six complaints about a boat being on the beach. The <br />complaint was filed by someone from another country and law <br />8 <br />