3/2/1993 (2) - Laserfiche WebLink

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Director Boling thought the height notification paragraph in the ordinance is essentially the bare -bones approach and is as streamlined as possible under FS 333. Deputy County. Attorney Collins advised that the State does contemplate height notification if the approach or flight path is pierced, the variance procedure and criteria follows state law, and the nonconforming issue is largely controlled by state law. There is some specific guidance in the statute as to when you can expand on conformity or when you discontinue it, and the statute is more generous than our local law. The point is not to allow things to get worse without analyzing them. Nancy Offutt, Government Affairs Coordinating Officer for the Indian River County -Vero Beach Board of Realtors, reported that she has been following the progress of this proposed ordinance and the Board of Realtors' main objection to the ordinance is the overflight zone. They feel that extending the overflight zone beyond the clear zone is not necessary and cutting it back to the clear zone will eliminate the unnecessary regulations. The av'igation easement is a property right that is being taken without compensation. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. Vice Chairman Tippin felt that the ordinance is an overreaction. The government is not charged with looking out after everybody's welfare. He did not agree with all the hazards at New Hibiscus Airport and thought it might be safer there than living near a public road. He felt we have gone overboard, probably because of all these federal and state mandates. Commissioner Adams agreed and. felt we are trying to cover too many details. She felt that buying a piece of property gives no guarantee that it can be used for the intended purpose. Buying land is speculative and always will be. This is also true for the airport. We do not know whether there will be a need for that airport in 15 years. Commissioner Adams thought the ordinance needed more study and preferred that it be simplified. Commissioner Eggert asked for clarification of avigation easement. Deputy County Attorney Collins explained that it basically allows the airport operator to continue operation without fear of threat of nuisance suits from the noise or disturbance in the overflight zone. The state law does allow giving the airport authority or political subdivisions the power to acquire easements. 19 MBOOK 88 FIVE 999 ® 2 19�3 `999