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F,> 2. The signed and sealed survey submitted by David Leuthje meets all the applicable Indian River County development regulations as does the proposed dock (see Attachments S and 9); 3. The Indian River County comprehensive plan does not require Circuit Court adjudication of riparian boundaries prior to the issuance of building permits for docks, 4- Indian River County's assessment of property taxes on the parcel and refusal to issue a building permit constitutes an inverse condemnation and regulatory taking; and 5. The O'Haires, as owners of the property, are entitled to reasonable riparian access as provided in Section 253.141, Florida Statutes. ANALYSIS Review Guidelines for Appeals Section 902.07(4) provides guidelines for the Board's review of this appeal. Under section 902.07(4), the Board is to review the Planning and e Zoning Commission's decision and make findings in the following four areas: f (a). Did the Planning and Zoning Commission fail to follow appropriate review procedures? g (b). Did the Planning and Zoning Commission act in an arbitrary or capricious manner? t (c). Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties, public health, safety and welfare? (d). Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations oflndian River County? (a) Following Appropriate Review Procedures Planning staffs position is that the PZC did not follow appropriate review procedures. In considering the Collins appeal, the PZC's charge was to determine if staff failed in any of the above noted areas. The p> minutes from the PZC meeting include a reference, in the PZC discussion after the close of the public hearing, to staff acting in an arbitrary or capricious manner, however, this action was not articulated further nor was it included in the PZC findings. Staff did not act in an arbitrary or capricious manner. Instead, staff carefully considered and applied the County's land development regulations and comprehensive plan policies (as described herein), and has been consistent in its application of the regulations and comprehensive plan policies. Specifically, staff applied the following regulations and policies (see Attachment 3), which are applicable to the subject application: Section 902.07, Section 911.07(7), and Section 932.07 of the LDRs; Policy 2.7, of the Coastal Management Element of the Comprehensive Plan; and Policies 7.1 and 7.3, of the Conservation Element of the Comprehensive Plan. The riparian lines, as surveyed by David Leuthje, were reviewed by the County Surveyor, Charles Cramer, who determined that no errors or mistakes were made in the establishment of the riparian lines, however, Mr. Cramer does not agree with the methodology used by Mr. Leuthje. Finally, staff has drafted a set of special conditions that will be attached to the County building permit. These special conditions will require the permittee to comply with County regulation regardless of the outcome of the DEP or Circuit Court case. Thus, the PZC failed to follow required procedures (i.e., articulation of its findings) in considering the Collins appeal. DECEMBER 18, 2001 N -77-