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SPECIAL CONDITIONS TO BE APPLIED TO ANY DOCK BUILDING PERMIT <br />ISSUED TO SEAN O'HAIRE <br />This permit is conditioned upon the following items, in addition to any other conditions: <br />The dock structure shall be constructed as shown on the drawing attached to the <br />permit showing the dock slip area to be positioned at the west end of the terminal <br />platform oriented in a roughly north -south direction. Any vessel moored at this <br />boat dock must be moored within this designated boat slip area. <br />2. At no time shall any portion of any vessel, moored at this dock, extend into either <br />of the 15 foot side yard set backs. <br />3. If you decide to build this dock, you do so at your own risk. It is possible that as a <br />result of the petition filed with the Florida Department of Environmental <br />Protection and/or the Circuit Court Wiling, you may be required to remove, alter, <br />modify, and/or reconstruct the dock as currently proposed. Additional <br />permits/authorizations from Indian River County may be required at that time. <br />Sean O'Haire, 718 Shore Drive, commented that his address will be 575 South A I <br />if the permit is ever issued. He applied for a Department of Environmental Protection permit <br />in January of 2001 and took Mr. Collins to lunch to try to work out the details. At that time <br />Mr. Collins expressed only one objection which was to the use of an a -frame roof over the <br />platform of the dock which -he felt would obstruct his view. It was agreed that the roofing <br />would be omitted from the plans. Now Mr. O'Haire's construction lender will not close on <br />the construction loan because of the pending lawsuit. He grew up on this property and loves <br />the Lagoon. This issue is all about riparian access and navigability. He has a 20 -foot Grady <br />White boat that draws 2.5 feet of water and needs at least 3 to 4 feet of water to navigate the <br />cove. The dispute seems to center around where on the dock his boat will be moored. Mr. <br />Collins evidently wants him to moor his 8 -foot wide by 20 -foot long boat on the narrow end <br />DECEMBER 18, 2001 <br />-81- <br />iii L U �. <br />i �3 i' L t. <br />