Appeal of the Environmental Protection Commission’s Decision to Deny an After- the-Fact Waiver Request to Section (b) (side setback) for a Boat Dock Permit Gary Davis Lake Holden District 3 March 25, 2014 Environmental Protection Division Environmental Protection Division

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

Location Map 3602 Macarthur Drive Parcel ID #

Aerial Photograph 3602 Macarthur Drive Parcel ID # Lake Holden

Original Approved Plans Approved Waiver for 20’ Right Side-Setback

As-Built Survey Location of Jet-ski Lift (4’W x 5’L) ft Boat Dock

Existing Conditions

16.06 ft

Background Section (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.”

Background Pursuant to Section (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 (b) (Side Setback). Background

Action 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 (b) (Side Setback) for the Davis Boat Dock (BD ). District 3.