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1/16/2001
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1/16/2001
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Last modified
4/4/2022 3:23:03 PM
Creation date
9/25/2015 4:11:03 PM
Metadata
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
01/16/2001
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
2235
Book and Page
116, 707-777
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stated that the county did not have the knowledge or policies in place to <br /> approve the project . - <br /> After reviewing the referenced information and discussing the applications , <br /> the Planning and Zoning Commission denied the application, by failing to <br /> approve it . The commissioners who voted against the motion to approve the <br /> project did not give specific reasons for their vote . However, discussion <br /> during the meeting indicated that commissioners had concerns that the <br /> project area is an erosion "hot spot", that the county has the discretion under <br /> the LDRs to not approve construction seaward of the 1987 CCCL , and that <br /> the county does not have the knowledge and expertise to evaluate the <br /> construction proposed seaward of the 1987 CCCL . These concerns appear <br /> to be the basis of the denial . In staffs opinion, the decision to deny was <br /> arbitrary because : <br /> * The 1987 CCCL was never established as a line of prohibition and no <br /> evidence was presented that the 1987 CCCL is the appropriate line seaward <br /> of which construction should be prohibited for this property . <br /> * The prohibition of construction seaward of the 1987 CCCL on the subject <br /> property will not be consistently applied to other oceanfront parcels, because <br /> construction of single- family homes on oceanfront lots are reviewed and <br /> approved by staff, and current LDRs do not allow staff to restrict construction <br /> of single- family homes seaward of the 1987 CCCL . <br /> • There was no evidence presented to challenge the fact the DEP ' s 1987 <br /> CCCL permitting process ensures that structures built seaward of the 1987 <br /> CCCL will be adequately engineered for oceanfront conditions , thereby <br /> obviating the need for more of a setback from the ocean . <br /> The decision to deny the application raises two policy questions . What is the <br /> objective of location restrictions along the coastline? What is the purpose of <br /> the 1987 CCCL and how does DEP apply its regulations seaward of that line ? <br /> If the objective of the denial is to move the proposed units landward to <br /> protect them from coastal erosion, then the issue of construction standards <br /> must be considered . Because stringent DEP construction standards do not <br /> apply to structures that are located entirely landward of the 1987 CCCL , <br /> structures may be better protected by being built seaward of the 1987 CCCL <br /> and built to a higher construction standard, than structures built to the lower <br /> standard and located immediately landward of the 1987 CCCL . Requiring <br /> the higher construction standards for structures partially or wholly seaward <br /> of the 1-987 CCCL puts the DEP in a much better position to deny future <br /> seawall permits for such structures, since the structures are designed and built <br /> to stand-up under storm events . <br /> If the objective of the denial is to convert the 1987 CCCL from a line of <br /> regulation to a line of prohibition in areas that appear to be significantly <br /> eroding , then the gathering of substantial competent evidence is necessary . <br /> If the 1987 CCCL becomes a line of prohibition rather than a line of <br /> regulation without some competent substantial data to support it as a line of <br /> prohibition, such use of the line becomes arbitrary . In establishing the 198 , <br /> CCCL , the DEP used the best science available at the time to predict coastdi <br /> erosion and arrive at a line of regulation . Through the permitting process , the <br /> DEP can apply its criteria on a site- by-site basis to establish the conditions <br /> JANUARY 16 , 2001 BI a <br /> - 26 - <br />
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