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Background The O'Haires own property at 575 Highway AIA. When the O'Haires first purchased the property (parcel 16-33-40-0000-0030-00019.2), the O'Haires did not have waterfront access to the Indian River Lagoon (i.e., did not have riparian rights). In order to achieve waterfront access, the O'Haires purchased an additional 104 ± feet from the property owner to the west (Michael O'Haire, parcel 16-33-40-0000- 0030-00019.0) and a 63 ± foot section (out of a total of 81 ± feet) of a parcel known as Block A of River Ridge Estates subdivision. Block A has riparian shoreline along its entire length. The O'Haires' riparian frontage is along an irregular shoreline known as Martin Cove (see Attachment 1). 6 ' As defined, a riparian line is a line on a waterfront parcel extending from the upland side property line, where it meets the waters edge, out into the water. The area between a parcel's two riparian Lines is generally referred to as the `riparian shoreline' or `riparian area' and is where the `riparian rights' of the upland property owner exist. Typically, County staff rely on a certified survey of the riparian line E provided by a qualified surveyor on behalf of the applicant or, in straightforward cases, a drawing supplied by the owner/agent showing the riparian lines. Notwithstanding, legal establishment of a riparian line under dispute can occur in one of only two ways: 1) the two individual property owners who are affected can agree on where the line is, or 2) the riparian line can be established by a Circuit Court Judge. Sections 932.07 (2) and 932.07(4) of the County's Land Development Regulations require that docks, piers, boat slips, boats, or other waterfront structures be setback from the riparian line a distance determined by the side yard setback applicable to the zoning district in which the project is located (see Attachment 2). Mr. and Mrs. O'Haire's property is in Zoning District RS -3 which has a required 15 foot ' side yard setback; therefore, the dock, pier, boat slip, and vessel(s) moored at the dock cannot encroach s,- into the 15 foot side yard setback as established by the riparian lines. On a straight shoreline, the location of riparian lines can be straightforward (e.g., the riparian lines can generally go straight out from the shoreline); however, in this particular case, the shoreline is actually a small cove within a larger cove. Location of the riparian lines then becomes more complex and difficult. I Riparian lines can crossover one another and in some cases an individual upland property may end up with little or no nparian access if care is not taken when determining the location of the riparian lines. In this case, Mr. George Collins, the neighbor immediately to the north of the O'Haire's property, has concerns regarding the County issuance of a building permit for a dock on the O'Haire property. As previously indicated, he disputes the location of the riparian line as determined by surveyors for the O'Haires. Mr. Collins's position is that a county building permit for the dock cannot be issued until the riparian line dispute is resolved in Circuit Court. As a result, Mr. Collins appealed County staff's decision to issue a dock building permit to the O'Haires. On September 27, 2001, the Planning and Zoning Commission heard Mr. Collins's appeal and voted 5-1 to uphold the appeal, thus delaying County issuance of a permit until the Circuit Court rules on the riparian line. Mr. O'Haire is now appealing the Planning and Zoning Commission's decision. Attachment 3 is a chronology of events related to this appeal. Planning and Zoninqy Commission (PZC) Action On September 27, 2001, the PZC heard Mr. Collins's appeal. Mr. Collins gave to the PZC a packet of additional information, a copy of which is on file in the Commission office. At that hearing, the PZC voted 5 to 1 to modify staff s position to issue the County building permit (see Attachment 4). This modification was: to delay the decision to issue the permit (subject to conditions of removal if court determines the riparian lines to be elsewhere), until the Circuit Court makes a determination on the location of the riparian lines and any DEP exemptions or permits are in hand. This action consequently overturned county staffs decision that a County building permit could be immediately issued. DECEMBER 18, 2001 -75- ni s t� r4, r, D11 NUI- JJrJ