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M E. DEP Affidavit of No Objection - Dock Construction at 210 Indian River Drive The Board reviewed the following memo dated September 21, 1994: TO: James E...Chandler County Administrator DEP4RTMENT HEAD CONCURRENCE: i Robert . Keat ng, AICP Community Development rector FROM: Roland M. DeBlois; AICP Chief, Environmental Planning DATE: September 21, 1994 _ RE: Request for Execution of DEP "Affidavit of No Objection" to Allow Dock Construction at 210 Indian River Drive Within 25' of County Owned Property It is requested that the data herein presented be given formal consideration by the Board•of County Commissioners at its regular meeting of December 13, 1994. DESCRIPTION AND CONDITIONS Harry and Hope Leet have applied for a State Department of Environmental Protection (DEP) permit to construct a single-family dock at their home at 210 Indian River Drive, on Pine Island south of the Environmental Learning Center. The Lest's property, Lot 201 of orchid Island Subdivision Unit 1, abuts a small "park" parcel owned by Indian River County (see attached map). Because the dock as proposed will be located in a State Aquatic Preserve, the dock location must satisfy a State requirement that it be a minimum of 25 feet from the applicant's riparian (side lot) line. An exception to.this set back requirement, however, may be approved if a sworn "affidavit of no objection" (see attached) is executed by the affectbd adjacent riparian landowner. In this case, the affected adjacent riparian landowner is Indian River County. The Leets are proposing to locate the dock 15 feet from the County property, in order to minimize impacts of dock construction on shoreline mangroves. Consequently, the Leets request that the.Ccunty execute a DEP "affidavit of no objection" to allow State approval of the proposed single-family dock project within 25 feet of County property. ANALYSIS The County property is a relatively small, triangular parcel (+2,600 square feet) between the Leet property and Live Oak Drive. An abandoned r1ght-of-way (Indian River Drive) with riparian shoreline adds to the County property, as well as to the Leet property. The proposed dock location will not contravene County set back requirements, and will promote conservation of shoreline mangroves. The proposed dock will have no adverse impact on County property riparian access. HE OD NDATIOA Staff recommends that the Board of County Commissioners authorize the Board Chairman to execute the attached affidavit of no -objection. 0 December 13, 1994 BOOK b3 1'AGt 9J, �