Appeal to the Recommendation of the Environmental Protection

CommissionJohn Jakes

Appeal to the Recommendation of the Environmental Protection

CommissionJohn Jakes

February 23, 2010February 23, 2010

EnvironmentalProtectionDivision

EnvironmentalProtectionDivision

Location MapLocation Map

AerialAerial

Addition to Existing DockAddition to Existing Dock

Orange County SurveyOrange County Survey

Orange County Survey – Detail B

Orange County Survey – Detail B

804.20 square feet 99.70 square feet

Total Square Footage of Terminal Platform = 903.90 square feet

Section 15-346(f)Section 15-346(f)

Section 15-346(f)

Minor modifications to existing permitted structures or for “grandfathered” docks must be approved by the Environmental Protection Officer…

…Any modification that increases the size of the terminal platform shall not be considered a minor modification…

Staff FindingsStaff Findings

The addition of the floating vessel platform is considered an increase in the size of the terminal platform.

As provided in Chapter 15, Article IX, Section 15-323, Definitions, the definition of a terminal platform is:

Terminal platform means that portion of a dock beginning at the terminal end of the access walkway. The terminal platform shall be designed for the mooring and launching of vessels or other water-dependent activities. The size calculation for the terminal platform does not include any uncovered area adjacent to the dock designated for mooring purposes.

Terminal Platform AreaTerminal Platform Area

This slide was copied from the May 18, 2004 BCC Presentation for the current Dock Construction Ordinance

EPC FindingsEPC Findings

EPC’s Recommendation on December 16, 2009:

Uphold the EPO’s decision that the addition does not qualify as a minor modification to Permit 98-146 and that a new boat dock permit must be obtained from EPD by Mr. Jakes to allow the floating vessel platform to remain.

Basis of Appeal by Mr. JakesBasis of Appeal by Mr. Jakes

•Jet ski platform does not increase the terminal platform size according to Orange County Code, Chapter 15, Article IX, Section 15-323.

•Jet ski platform located on the subject property is not in violation of Section 15-346(f) of the Orange County Code.

•A reversal is required because Mr. Jakes complied with EPD’s request, pursuant to Section 15-346(f), that Mr. Jakes submit a request for his proposed deviation.

Variance RequestVariance Request

The Appellant requests the following in the event that it is The Appellant requests the following in the event that it is determined the jet ski platform does determined the jet ski platform does notnot constitute a constitute a minor modification:minor modification:

“…“…Mr. Jakes submits that he is entitled to a variance of the Mr. Jakes submits that he is entitled to a variance of the requirements of Article IX of the Orange County Code.”requirements of Article IX of the Orange County Code.”

Action RequestedAction Requested

ACTION REQUESTED:

Uphold the recommendation of the EPC to affirm the decision of the EPO that the addition to the dock does not qualify as a minor modification to permit 98-146 and that a new boat dock permit must be obtained from EPD by John Jakes to allow the floating vessel platform to remain.

EnvironmentalProtectionDivision

EnvironmentalProtectionDivision

800 Mercy DriveOrlando, Florida 32808

407.836.1400FAX 407.836.1499

800 Mercy DriveOrlando, Florida 32808

407.836.1400FAX 407.836.1499

Survey ConclusionsSurvey Conclusions

•The floor elevation through the wetland above the Normal High Water Elevation is 0.77 feet above ground surface. Section 15-342(c) requires the floor elevation to be 3 feet through a wetland, therefore in order to attempt to permit the lower floor elevation a variance this Section is required.

•Mr. Jakes’ shoreline length is 97.35 feet, thereby allowing a terminal platform size of 861.75 square feet. In order to attempt to permit the additional 42.15 square feet, a waiver to Section 15-342(b) is required.

•Section 15-342(a) states, “…Under no circumstances shall a permit for construction of a dock be utilized to construct any facilities to be used for residential purposes or other non-water dependent activities.” The existing boat dock structure has a wet bar located on the terminal platform. In order to attempt to permit the wet bar, a request for variance to this Section is required.

Survey ConclusionsSurvey Conclusions