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10/5/1999
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10/5/1999
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
10/05/1999
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• <br />It is requested that the information presented herein be given formal consideration by the Board of <br />County Commissioners at its regular meeting of October 5, 1999. <br />DESCRIPTION AND CONDITIONS: <br />Recently, Mr. Tom Collins submitted a request to address the Board of County Commissioners at <br />its meeting of October 5, 1999. W. Collins has indicated that, at that time, he will ask the Board <br />to amend the County land development regulations (LDR's), regarding single-family docks. <br />• Current Single -Family Dock Regulations <br />Presently, the County's LDR's treat docks on single-family zoned lots as uses which must be <br />accessory to a principal use, namely a single family residence. As such, docks are regulated in much <br />the same way as other accessory uses such as garages, utility sheds, swimming pools, tennis courts, <br />and others. <br />Like those other accessory uses, docks must meet the criteria for accessory uses. As defined in <br />Section 901.03 of the IDR's, an accessory use is a use which: <br />(a) Is clearly incidental to, customarily found in association with, and serves a principal <br />use: <br />(b) Is subordinate in purpose, area, and extent to the principal use served; and <br />(c) Is located on the same lot as the principal use, or on an adjoining lot in the same <br />ownership as that of the principal use. <br />Back in the mid -eighties, however, the Board of County Commissioners created a special allowance <br />for docks on vacant single-family lots. Because there was concern at that time that the state might <br />prohibit the construction of all docks in the Indian River Lagoon, the Board amended the zoning <br />code to allow the construction of docks on vacant single-family lots, but prohibited the use of these <br />docks until a principal use (single-family house) is constructed on the lot. <br />Consequently, single-family docks on vacant lots are allowed as administrative permit uses. Section <br />971.41 (7)(c) of the IDR's reads as follows: <br />'The construction of a single-family dock on a lot prior to the construction of a principal <br />single-family dwelling unit on the same lot shall be permitted for the purpose of providing <br />waterfront property owners vested riparian rights for access to the adjacent waterbody. <br />This aforementioned dock, however, shall continue to be construed as an accessory structure <br />and its use prior to the issuance of a certificate of occupancy for the principal structure shall <br />not be considered consistent with the appropriate zoning district regulations" <br />The administrative permit criteria for single-family docks on vacant lots also require an applicant <br />to execute an agreement stating that the dock will not be used until such time as a single-family unit <br />is constructed on the subject lot. That agreement must then be recorded in the public records. To <br />secure the agreement, the applicant must post a $1,500 cash escrow with the County. <br />• Collins Request: <br />Mr. Collins has now requested that the Board of County Commissioners amend the LDR's to remove <br />the prohibition of using single-family docks that are built on vacant lots. Any such amendment <br />October 5, 1999 <br />41 <br />• <br />
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