Appeal of the Environmental Protection Commission’s Decision to Deny an After- the-Fact Waiver Request to Section 15- 343 (b) (side setback) for a Boat.

Appeal of the Environmental Protection Commission’s Decision to Deny an After-the-Fact Waiver Request to Section 15-

343 (b) (side setback)for a Boat Dock Permit

Gary DavisLake Holden

District 3

Appeal of the Environmental Protection Commission’s Decision to Deny an After-the-Fact Waiver Request to Section 15-

343 (b) (side setback)for a Boat Dock Permit

Gary DavisLake Holden

District 3March 25, 2014March 25, 2014

EnvironmentalProtectionDivision

EnvironmentalProtectionDivision

CommunicationCommunication

Prior to this afternoon's hearing, EPDmet with Commissioner Clarke’s officeto review the staff report and recommendation that is found in your agenda packet.

Prior to this afternoon's hearing, EPDmet with Commissioner Clarke’s officeto review the staff report and recommendation that is found in your agenda packet.

Location MapLocation Map

3602 Macarthur Drive

Parcel ID # 11-23-29-4498-00-070

Aerial PhotographAerial Photograph

3602 Macarthur Drive

Parcel ID #11-23-29-4498-00-070

Lake Holden

Original Approved PlansOriginal Approved Plans

Approved Waiver for 20’ Right Side-Setback

As-Built SurveyAs-Built Survey

Location of Jet-ski Lift (4’W x 5’L).

16.06 ft

Boat Dock

Existing ConditionsExisting Conditions

Existing ConditionsExisting Conditions

16.06 ft

BackgroundBackground

Section 15-343(b) states:

“On lots or parcels having a shoreline frontage of seventy-five (75) feet or greater, docks shall have a minimum side setback of twenty-five (25) feet from the projected property line, unless such requirement is reduced by an appropriate waiver which shall be reviewed by the environmental protection division.”

BackgroundBackground

Pursuant to Section 15-350(a)

…the applicant shall describe how:

(1) this waiver would not negatively impact the environment, and

(2) the effect of the proposed waiver on abutting shoreline owners.

The applicant was unable to demonstrate that the proposed waiver did not adversely affect the abutting shoreline owner. Therefore, EPD recommended denial to the Environmental Protection Commission (EPC) at its January 2014 public hearing.

The EPC made a recommendation to uphold the recommendation of the Environmental Protection Officer to deny the after-the-fact Waiver Request to Section 15-343 (b) (Side Setback). 

The applicant was unable to demonstrate that the proposed waiver did not adversely affect the abutting shoreline owner. Therefore, EPD recommended denial to the Environmental Protection Commission (EPC) at its January 2014 public hearing.

The EPC made a recommendation to uphold the recommendation of the Environmental Protection Officer to deny the after-the-fact Waiver Request to Section 15-343 (b) (Side Setback). 

BackgroundBackground

Action RequestedAction Requested

Affirm recommendation of Environmental Protection Commission to approve the recommendation of the Environmental Protection Officer to deny the After-the-Fact Waiver Request to Section 15-343 (b) (Side Setback) for the Davis Boat Dock (BD-13-10-100). District 3.