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LA <br />0 <br />M <br />F <br />OF RIPARIAN LINES <br />5 <br />Ca <br />- AP <br />=11 <br />The Board reviewed a Memorandum of December 12, 2001: <br />TO: James E. Chandler <br />t <br />County Administrator <br />D,YVAR IENT HEAD CONCURRENCE: <br />Robert M. Keating, Al P / <br />Community Development Dire or I� <br />THROUGH: Roland M. De ICP ! <br />Chief, Environmental Planning <br />& Code Enforcement <br />FROM: Bria o le, FREP <br />Senior Tanner <br />F <br />SI <br />DATE: December 12, 2001 <br />RE: Sean and Baerbel O'Haire's Appeal of a Planning and Zoning Commission Decision <br />to Delay Issuance of a County Building Permit for a Single -Family Dock, Pending a <br />Challenge in Circuit Court on the Location of Riparian Lines <br />It is requested that the data herein presented be given formal consideration by the Indian River County <br />Board of County Commissioners at its regular meeting of December 18, 2001. <br />DESCRIPTION & CONDITIONS <br />Summary <br />This appeal relates to a dispute between neighboring riverfront property owners as to the location of a <br />riparian line, as it affects the location of a proposed single-family dock. The applicants for the dock, <br />Sean and Baerbel O'Haire, have satisfied all county permit application requirements, and a county permit <br />for the dock is "ripe" for issuance. The O'Haires neighbor, Mr. George Collins, has filed an action in <br />Circuit Court challenging the location of the riparian line as determined by the O'Haires' surveyor. The <br />issue is whether or not the County is obligated to issue the dock permit (since all permit requirements <br />have been satisfied), or obligated to delay issuance of the permit pending Circuit Court resolution of the <br />riparian line dispute. <br />DECEMBER 18, 2001 <br />-74- <br />x <br />k <br />