Appeal of the Recommendation of the Environmental Protection Commission Regarding an After-the-Fact Waiver Request for a Boat Dock District 1 May 21, 2013 Environmental Protection Division Environmental Protection Division

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

Appeal 8773 The Esplanade, Unit 1 and 2

Appeal Vizcaya Heights Desai Applicant: Vizcaya Heights Multicondominium Association, Inc. Appellant: Uday and Pritiksha Desai Kingstone Ho

Appeal September 19, 2012: Environmental Protection Division (EPD) issued a semi-private dock permit (BD ) to the Vizcaya Heights Multicondominium Association. Permit BD requires a 25 foot setback from the projected property line.

Appeal Existing dock

Appeal February 4, 2013: As-built survey of the dock shows the side setback to the projected property line is only 17.9 feet.

Appeal February 4, 2013: EPD receives an application for an after-the-fact waiver to reduce the side setback requirement. February 8, 2013: EPD sends notification of the after-the-fact waiver request to the neighboring property owners. March 1, 2013: EPD receives a letter of objection to the waiver request from the adjacent property owners, Uday and Pritiksha Desai.

Appeal March 27, 2013: Per Code, EPD presents the waiver request to the Environmental Protection Commission (EPC) with a recommendation of denial due to the objection received by the Desais. The EPC overturns EPD’s recommendation and recommends approval of the after-the-fact waiver request. April 5, 2013: EPD receives an appeal to the recommendation of the EPC from the Desais. May 6, 2013: EPD receives multiple letters of support for allowing the structure to remain in its current location.

Appeal The letter of appeal generally stated: The EPC’s decision adversely affects their home The EPC approved the side setback waiver even though EPD recommended denial The dock builder failed to comply with the 25 foot setback requirement The dock causes an obstruction of views

Appeal Letters of support received by EPD Vizcaya Dock

Appeal The letters of support generally stated: Increase property values Nice aesthetic addition to the neighborhood Cutting off 7 feet would create a lopsided, unsightly structure Most homes in the neighborhood only require setbacks of 10 feet whereas this dock is 17.9 feet away from the property line

Appeal Per Orange County Code Chapter 15, Article IX, Section (b), “The appeal shall be filed with the environmental protection officer and shall be scheduled for a public hearing before the board…” The board may affirm, reverse, or modify the decision of the environmental protection commission. The decision of the board shall be final.

Action Requested To uphold, overturn, or modify the decision of the Environmental Protection Commission to recommend approval of the approval of a semi- private dock after the fact waiver for Vizcaya Heights Multicondominium Association Inc.