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BOOK i s .'-fie <br />Boling was assisting by pointing out the location on a map.) He stressed that the lot is not <br />oceanfront and his client was concerned about any proposed regulations which might <br />prohibit him from using his lot. His client's lot sits in the midst of other lots which have - <br />already been built on. He requested that any guidance given to staff take into account the <br />small lot owners who would probably be wiped out if the Board denied them the use of their <br />property. <br />Ralph Evans, a resident of Indian River County and attorney, advised he had and <br />interest in Boston Homes and represents Mr. Gordon who owns a lot in Seaview. Mr. <br />Gordon has a permit from DEP to build part of his residence seaward of the CCCL. He <br />asked if Mr. Gordon would be issued a permit to build from the County. Secondly, he <br />understood from the March r meeting, the CCCL represents what the people who have <br />studied it believe to be as high as the water will get in a 100 -year storm. With that in mind, <br />Boston Homes is 85 feet from where the level of erosion is today and where the proposed <br />construction is. The erosion rate is 2 feet per year, so it is contemplated it will take 40+ <br />years before the erosion line meets the construction. He wanted to make the point of the <br />responsibilities of the Commissioners when site plans are brought before them and the <br />responsibilities the Planning & Zoning Commission has when site plans are brought to them. <br />When a person comes before the County to get some approvals about the use of their <br />property, it is imperative that they meet the requirements of the regulations of the County <br />(the LDRs). When there is a quasi-judicial proceeding, there are generally two parties and <br />it is not generally adversarial. But when this matter came before the PZC, there was a <br />legislative moment at a quasi-judicial proceeding, which is taboo. If Boston Homes finds <br />it necessary to sue the County on this issue, it will be resolved by whether or not the County <br />had a legislative moment at a quasi-judicial proceeding. He believed that is what happened <br />and why there is such turmoil. Acting County Attorney O'Brien tried to tell the Board this <br />March 21, 2000 <br />118 <br />