Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners May 21, 2013

Permitting Permits and/or approvals were obtained from: – Vizcaya MultiCondo HOA – Vizcaya Master HOA – Orange County Environmental Protection Division – Orange County Zoning Department – Orange County Building Department – Everything was done by-the-book and an active and open dialog was initiated between all “grantors” to ensure compliance with all approving parties

Source of Error Surveyor was called to stake “centerline” of unit to ensure walkway and platform were EXACTLY down the middle. Contractor was unaware of the fact that the building “centerline” was not in alignment to the property “centerline” When dock “As-built” survey was provided by surveyor, contractor notified EPD staff and self-reported the setback encroachment In no way was this encroachment a result or a reflection of any homeowner action – strictly a contractor/surveyor error

Original Site Plan

Original Site Plan (Zoom)

Staked CenterLine Survey

“As-Built” Survey

“As-Built” Survey (Zoom)

25’-18’ = 7’ Setback Encroachment As a result of contractor/surveyor miscommunication, closest point of dock infringes on 25’ side setback by 7.1’. Had zoning of property been consistent with other townhouses and single family residences in the neighborhood, only a 10’ setback would be required, thus resulting in a non-issue, as the intent was always to align the dock with the unit, not to encroach on neighboring property lines.

7 ft As Built With 7’ Additional set back added

As Built With 7’ Additional set back added

Perspective View From Shore as Built Perspective View From Shore with 7’ chopped off

No Visual Impact with Removal of 7’ If the encroaching 7’ of platform were to be removed, the visual impact would remain the same from the Desai residence, as the height of the non-encroaching roof still creates a barrier to visibility. Removal of the 7’ of the platform will serve no logical purpose, and greatly impact both the homeowners’ use as well as the viability of Summertime Deck and Dock.

Other Considerations Water depth is not sufficient at present terminal platform location - dock could have easily been extended further into lake, but homeowners opted against it as a courtesy to neighbors All portions of dock visible from shore have tile roof, to ensure design cohesion throughout property and create a pleasing visual aesthetic (could have all been upper deck surface).

Summary Approvals for all permit applications were received Townhome position on lot resulted in unusual circumstances resulting in surveyor/contractor error No quick and easy solution to compliance with 25’ setback. Any solution would impact the homeowners and contractor greatly EPD Staff had no objection to structure location other than receipt of letter of objection from neighbor EPC voted in favor of waiver, and we are kindly asking the Board of County Commissioners to uphold the EPC decision