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BOOK 00 FAGY022 <br />LAW OFFICES <br />STEWART, NALL, EVANS & HAFNER. P.A. <br />POST OFFICE- BOX- 3345 <br />VERO BEACH. FLORIDA 32884.3345 <br />CYNTHIA L. CAMERON 3355 OCEAN DRIVE <br />EDITH E. COLLINS VERO BEACH. FLORIDA 32863 <br />RALPH L. EVANS TELEPHONE (5491) 1231-3500 <br />TROY B. HAFNER+ Via Hand Delivery TELEFAX (581) 231 -BB7B <br />ROBERT C. NALL <br />WILLIAM J. STEWART• <br />-AOARO CERTIFlEO REAL EATATE LAWYER <br />.MAATER OF LAWB•EBTATE RLANMN G <br />March 17, 1997 <br />Commissioner Carolyn Eggert <br />County Administration Building <br />1845 25th Street <br />Vero Beach, Florida 32960 - - <br />RE: Millar and Somoza Temporary Emergency Seawall Permits issued under Chapter <br />161.085(3), Florida Statutes <br />Dear Commissioner Eggert: <br />I appeared at the last County Commission meeting representing James and Adele Clemens in <br />connection with the above -captioned applications for emergency permits. The Clemens own the <br />property immediately south of the Somoza Property. <br />At that meeting, the Board of County Commissioners approved a permit based upon an <br />alignment of the Seawall that was approved by County staff and agreed to by all interested <br />parties- . <br />I am advised by County staff that, although not on the Agenda, there may be a presentation <br />made at the County Commission Meeting to be held March 18, 1997 regarding altering the <br />alignment of the seawall. Unfortunately, I am not able to attend that Commission Meeting to <br />represent the Clemens and the Clemens coastal engineer is out of town. <br />I asked County staff whether any plans were available which reflected the proposed realignment <br />of the wall. I was advised that no such plans are available for review. I asked the County <br />Coastal Engineer whether he had any opportunity to review the proposed realignment or to <br />discuss it with the property owners' engineers and he said that he had not. <br />As you are well aware, both the Statute and the Rule require several items to be considered <br />before the issuance of an emergency permit. These include impacts on adjacent properties and <br />siting and design criteria for the protective structure. Certainly, the Clemens have a significant <br />interest in both of these items, however, if this matter is placed on the Agenda without notice <br />to the Clemens and without giving either them or their coastal engineer an opportunity to review <br />the Proposed realignment, the Clemens will be deprived of a reasonable opportunity to explain <br />their concerns to the commission. No presentation was made at the last meeting of the Board <br />Of County Commissioners by the Clemens' coastal engineer on this subject because the approved <br />realignment had been agreed to in advance. <br />In the event this item is sought to be added to your Agenda for March 18, 1997, I respectfully <br />request that you decline to do so and place it on the Agenda on a date when the County and the <br />Clemens will have had ample time to review the proposed plans and prepare their comments. <br />Sincerely yours, <br />O <br />William J. Stewart <br />WJS/cw <br />26 <br />March 25, 1997 <br />