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BOOK 98 r�, r566 SUNEME"LACE SUBDIVISION SEAWALLS The Board reviewed a Memorandum of July 10, 1996: TO: James E. Chandler. County Administrator FROM: James W. Davis. P. ^• DATE: July 10. 1996 Public Works Director �J SUBJECT: Request for Indian River County to Issue Permits to Construct Seawalls in Summerplace Subdivision REF. LETTER: John D. Hersh to Jim Davis dated June 10. 1996 Dirk Parvus. M.D. to Fran Adams dated July 2. 1996 DESCRIPTION AND CONDITIONS John Hersh representing himself and the two property owners north of his lot in Summerplace and Dr. Dirk Parvus, representing himself and five other property owners along property owners along Doubloon Drive. have requested that the County issue "Emergency" permits to construct seawalls along the Atlantic Ocean Shoreline. Staff denied the request on June 4. 1996. and (see letters from James W. Davis to John Hersh and Dirk Parvus attached) since in staffs opinion. an emergency condition does not currently exist since 15' of dune exists between the houses and dune bluff. The County Administrator concurred with the staff' determination. Mr. Hersh and Dr. Parvus are appealing staffs decision to the Board of County Commissioners. ALTERNATIVES AND ANALYSIS The standard permitting procedure for state and local permits to construct a seawall Is for an applicant to first apply to the Florida DEP for a Coastal Construction Permit and Environmental Resource Permit. The State requests County comments: Once the DEP permit Is issued the County would also issue a permit. Since sea turtle nesting activity will not cease until October or November 1996. the property owners will have time to initiate the state process and receive state recommendations. The risk of removing the seawall would be reduced since the State has ultimate authority in determining its location. RECOMMEND&TJONS AND FUNDING It is stab's recommendation that the "Emergency" permits be denied at this time. If site conditions change prior to October. 1996. a County "Emergency" permit may be reconsidered. Public Works Director Jim Davis presented the project to the Board and advised that staff does not recommend issuing the permits. Commissioner Macht felt that if there is a hurricane, and the homeowners face a storm surge, it will not be an emergency but a rescue. However, he would be hard pressed to say they are in an emergency situation at this time. He has examined some aerials and the situation looks pretty precarious. Chairman Adams expressed her concerns about using emergency procedures. The County's relationship with the Department of Environmental Protection has been a very tough one to build and DEP is much more user friendly than ever before. She was concerned that DEP might interpret the County's action to be an abuse of the privilege as it relates to other projects. She believed the whole JULY 16, 1996 36