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(b) Arbitrary or Capricious <br />County staffs opinion is that the PZC did not act in an arbitrary or capricious manner in its consideration <br />of the Collins appeal. The PZC carefully considered staffs summary of the County's land use regulations <br />and comprehensive plan policies applicable to the Collins appeal, as presented by staff at the September <br />27, 2001, appeal hearing (see staff PZC memorandum, Attachment #X). <br />(c) Adequate Consideration of Effects — <br />The PZC adequately considered the effects of the issuance of the building permit for the proposed dock. <br />The PZC carefully considered the information provided by staff, Mr. Collins, and Mr. O'Haire. <br />(d) Guidance of the Comprehensive Plan and LDRs <br />The PZC did not fail to look for guidance from the Comprehensive Plan and County Land Development <br />Regulations (LDRs) in its consideration of the Collins appeal. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners: <br />Approve the appeal, reverse the decision of the Planning and Zoning Commission, and uphold <br />the Community Development Director's decision that the O'Haire dock, as designed, satisfies <br />county LDR requirements and that a county building permit may be issued for a single-family <br />dock with the above noted Special Conditions. <br />ATTACHMENTS <br />1. Map of the subject property at 575 Highway AIA <br />2. County Code Section 932.07 Piers, docks and boatslips, Comprehensive Plan Policies <br />3. Chronology of events related to the Sean O'Haire dock <br />4. Approved P&Z Minutes from September 27, 2001, Appeal Hearing <br />5. April 24, 2001 letter of appeal from Mr. George G. Collins <br />6. Copy of portion of special purpose survey by Masteller, Moler & Reed <br />7. October 23, 2001 letter of appeal from Mr. Sean O'Haire <br />8. Survey of area dated 6/5/01 <br />9. G.K. Environmental, Inc. Biological Survey map, dated 6/2/00 <br />DECEMBER 18, 2001 !"111 1;� <br />_78_ <br />