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Deputy County Attorney Will Collins noted that he is not related to George Collins, <br />who filed the action in circuit court. The reason this issue has been brought to the Board is <br />that the County Code provides for an appeal to the Board from a decision by the Department <br />Director. Mr. O'Haire is exercising his right to be heard before the Board and this is a step <br />in the process which he must exhaust. <br />County Attorney Bangel noted that the Board has only 2 options, either to uphold the <br />f <br />amendment or to reverse the decision of the Planning & Zoning Commission. <br />Environmental Chief Roland DeBlois gave a brief history of the matter at issue and <br />stated that staff, including the County Surveyor, agree that the application satisfies all <br />k` <br />County requirements. The crux of the matter is that Mr. Collins had his own surveyor <br />prepare a survey of the riparian lines, resulting in 2 differing determinations of these lines. <br />The County Surveyor has advised that both determinations could be considered valid as they <br />were each prepared using different methodologies. The County has an obligation to issue <br />the permit or to delay the issue based on court challenges which could affect the design. Mr. <br />O'Haire is willing to take the risk that the court may overturn the County's issuance of the <br />permit, while Mr. Collins feels it is more appropriate to await the court's decision. The <br />Planning & Zoning Commission voted 5-1 to uphold Mr. Collins' appeal and said that staff <br />acted arbitrarily and capriciously. Staff's position is that the riparian line is legitimate and <br />all requirements have been met. Staff recommends issuing the permit with Conditions 1, 2 <br />and 3 as set forth below: <br />DECEMBER 18, 2001 <br />S i !_' I i <br />-80- u,i i is is i�iJr <br />r <br />