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Commissioner Stanbridge was concerned about the timing of the lines and how they have been retreating from the ocean. She pointed out that DEP approves the applications and then the County has to struggle with the armoring of the beach and beach renourishment. She also had no faith in the DEP and felt the Board had to take over someway, somehow and address it through the LDRs. Acting County Attorney O'Brien had legal reservations about the Board affirming the decision of the PZC. He pointed out that there is no objective criteria, DEP is responsible for making these decisions. However, under Chapter 161 F.S., the County may establish provisions and the mechanism is there. In this case, the County did not set regulations and the decision should be left to DEP. The Board could make any desired changes in the future. He cautioned that there would be no criteria to defend a suit which would probably be overturned should it go to court. Vice Chairman Ginn suggested a moratorium on building on oceanfront lots until they can get the regulations into place, and Acting County Attorney O'Brien advised they would run the risk of a temporary "taking" during that moratorium period. Acting County Attorney O'Brien further pointed out the circumstances under which the Board could make changes to the County's regulations. Commissioner Stanbridge felt this matter was of critical concern and that the Board and the PZC were trying to prevent a problem. Mr. Tabar addressed a question about the "hot spot" in the Wabasso Beach area. Chairman Adams pointed out that if the Board of County Commissioners does uphold the PZC denial, then it will be up to the developer to decide whether to go to court or not. Commissioner Tippin felt that it was necessary to go through the steps in order to change the County's regulations, but thought that this meeting was not the proper time to do that. March 7, 2000 53 BOOK `) PACt fs