3/7/2000 - Laserfiche WebLink

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BOOK I' FAGS � S Director Boling advised that the PZC's denial was based on the PZC's recommendation that the residences should be moved landward of the 1987 CCCL. Under the County's present regulations, staff finds no technical justification of that denial. He summarized in fall the criteria in the County's LDRs for the Commissioners to use in their review of the appeal of the PZC's decision. He stated, in fairness to the PZC, that they did not have the Comprehensive Plan regulations in front of them, but those regulations have been provided to the Board in the backup. Director Boling then reviewed staff's recommendation and the conditions. In response to Chairman Adams' inquiry, Coastal Engineer Jeff Tabar was unaware of anytime the Department of Environmental Protection has prevented construction seaward of the 1987 CCCL when there is adequate space for the construction of structures. Vice Chairman Grin expressed concerns about the number of applications of this nature that are coming to the County. She believed the county has a "hot erosion" problem on the beaches and thinks it is time to address this issue. Chairman Adams expressed her lack of confidence in the DEP. It seemed to her that the CCCLs have no meaning. She believed the Board should have addressed this problem in the Comprehensive Plan and should move forward now with doing so because beach preservation remedies are very costly and getting to be more necessary. Commissioner Macht gave a little history of when the 1987 CCCL was redrawn and how the City of Vero Beach decided to let the DEP monitor it and avoid a takings lawsuit. He thought the County had adopted the same language. He asked Acting County Attorney Terrence P. O'Brien to address this aspect of matter for them. Vice Chairman Grin thought the State would have a problem with that also and wondered if there have been any takings lawsuits. Chairman Adams interjected that they have not denied any permits. March 7, 2000 52