Appeal to the Recommendation of the Environmental Protection Commission John Jakes February 23, 2010 Environmental Protection Division Environmental Protection Division

Location Map

Aerial

Addition to Existing Dock

Orange County Survey

Orange County Survey – Detail B square feet square feet Total Square Footage of Terminal Platform = square feet

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

EPC 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 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. Jakes Jet ski platform does not increase the terminal platform size according to Orange County Code, Chapter 15, Article IX, Section Jet ski platform located on the subject property is not in violation of Section (f) of the Orange County Code. A reversal is required because Mr. Jakes complied with EPD’s request, pursuant to Section (f), that Mr. Jakes submit a request for his proposed deviation.

Variance Request The Appellant requests the following in the event that it is determined the jet ski platform does not constitute a minor modification: The Appellant requests the following in the event that it is determined the jet ski platform does not constitute a minor modification: “…Mr. Jakes submits that he is entitled to a variance of the requirements of Article IX of the Orange County Code.”

Action 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 and that a new boat dock permit must be obtained from EPD by John Jakes to allow the floating vessel platform to remain.

Environmental Protection Division Environmental Protection Division 800 Mercy Drive Orlando, Florida FAX Mercy Drive Orlando, Florida FAX

Survey Conclusions The floor elevation through the wetland above the Normal High Water Elevation is 0.77 feet above ground surface. Section (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 feet, thereby allowing a terminal platform size of square feet. In order to attempt to permit the additional square feet, a waiver to Section (b) is required. Section (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 Conclusions