12/18/2001 - Laserfiche WebLink

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• County staff's position (overturned by PZC) Mr. O'Haire submitted a County building permit application to construct a single-family dock. Several issues needed to be resolved before a decision could be made on whether or not to issue the building permit. These were: I. the location of riparian lines, 2. the determination of whether or not the dock, and attendant vessel moored at the dock, would meet the required 15 foot side yard setback; and 3, the unification of three separate parcels associated with the uplands. Mr. O'Haire supplied information that resolved all the outstanding issues, and staff made a determination that a County building permit could be issued (i.e., all requirements of the LDRs have been met). Mr. George Collins's position (upheld by PZC) Mr. Collins's argument (paraphrased), as presented at the PZC appeal hearing, was based on the following points (see Attachment 5): 1. Sufficient Title Interest: The O'Haire's do not have sufficient title interest in the uplands that support the single-family dock. It is Mr. Collins's contention that this `strip' of land no longer exists (due to erosion) and therefore Mr. O'Haire's property does not extend to the mean high water line (i.e., no riparian rights). 2. Unified Fee Simple Title: The applicant does not have a unified fee simple title to the property to which the proposed dock will be attached. In addition, Mr. Collins believes that there were some irregularities in the process by which the current Unity of Title was established. ` 3. Riparian Lines: The riparian line shown on the survey is incorrect, and the proposed dock violates the side yard setbacks. Mr. Collins presented a survey, signed and sealed, by Rod Reed showing a different set of riparian lines (see Attachment 6) 4. Riparian Rights: The LDRs do not specify that a dock can be constructed on a property with only ten linear feet of riparian shoreline. Staff's policy to allow a dock on narrow riparian frontage has not been adopted by the Board of County Commissioners and is not supported by the goals, objectives, or policies of the comprehensive plan. 5. FDEP Appeal/Circuit Court Case: There is currently an appeal of the FDEP exemption notice and a declaratory decree action in Circuit Court, and no Indian River County building permit should be issued prior to the resolution of the appeal and Circuit Court action and the legal establishment of the riparian line. As provided for in Section 902.07(5) of the County Code, Mr. Sean O'Haire, as an affected property owner, has exercised his right to appeal the PZC's decision to the Board of County Commissioners. On October 23,20013 county staff received a letter of appeal from Mr. Sean O'Haire (see Attachment 7). Points of appeal The main points of Mr. O'Haire's appeal letter (paraphrased) are: 1 The terms and conditions of the proposed building permit will require the permittee to comply with all setback requirements as measured off of each real property owner's respective riparian lines (as determined by the Circuit (:ourt); DECEMBER 18, 2001,, WU -76-