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SEP 29 19192 <br />Boa 87 E 721 <br />3. SECTION 20 (p. 19): Staff has coordinated with the County <br />Attorney's Office and has added language to clarify subsection <br />- <br />925-04(6), pursuant to comments made by the County Attorney at <br />.the September 17th meeting. <br />Also, county staff has coordinated with the Division of <br />Forestry staff and has added language to subsection 925.07(1) <br />to allow a "variance" from what would be the normally required <br />500' setback between a habitable structure and an air curtain <br />incinerator. Such a variance would be allowed if the occupant <br />of such a structure does not object to the incinerator <br />operation. This variance option would be handled by staff and <br />would apply only to "temporary" (less than 6 months during a <br />given year) incinerator operations. <br />4. SECTION 30 (p.28): Staff has added wording to address <br />concerns raised at the September 17th meeting regarding a <br />proposed restriction on signs attached to vehicles. <br />5. SECTION 36 (p. 35): Staff has added a word to ensure that <br />transient merchant seafood sales are satellite operations of <br />legal, existing, retailseafood establishments located in <br />Indian River County. <br />These changes have been made pursuant to the Board's direction <br />given at the September 17th meeting. <br />RECOMMENDATION: <br />Staff recommends that the Board of County Commissioners adopt the <br />Proposed ordinance to amend the county's land development <br />regulations (LDRs). <br />For the benefit of interested parties in the audience who want <br />to take advantage of the new requirements, Mr. Boling announced <br />that this ordinance will become effective when we receive notice <br />from the Department of State -in approximately one to two weeks. <br />He further advised that applicants who have a project in the <br />process right now can take advantage of those requirements as soon <br />as they come into effect. <br />Vice Chairman Bowman asked for clarification of type C buffer <br />as referenced in Section 9. <br />Mr. Boling explained that it varies but that the end result is <br />a canopy tree approximately every 35 feet and 2 understory trees in <br />every 100 -foot stretch. It also calls for a 3- to 6 -foot opaque <br />screen between the understory trees. That opaque screen may be a <br />fence or plant materials. <br />Referencing the burning operations, Commissioner Bird led <br />discussion regarding the words "habitable structure." He suggested <br />"inhabited structure" might be more appropriate because our concern <br />is that the smoke would be objectionable to an occupant of that <br />structure. <br />Director Boling explained that there may be situations where <br />a structure is not occupied for the first week or two of that <br />burning operation. <br />4 <br />- M <br />