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Planning & Zoning Commission/ Local Planning Agency Minutes November 10, 2021 Page 2 Fifth Item of Business: CU 21.17: Dock at 400 Misty Oaks Run. A conditional use request for a residential dock at 400 Misty Oaks Run. Mr. Jonathan Tardif, Planner II, reviewed the information provided in his memorandum dated November 10, 2021 to the City of Casselberry Planning and Zoning Commission. Mr. Tardif said staff recommends that case number CU 21-17 be approved with staffs conditions, based upon the staff report and the testimony and evidence presented, that the request meets the applicable provisions of the Unified Land Development Regulations and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. The conditions of approval are as follows: 1. All Public Works conditions must be met. These conditions include the following: a. A building permit will be required for the proposed dock. The following are conditions and/or items that will apply to said permit. This list is not necessarily exhaustive: i. The structure may require a permit through Florida Department of Environmental Protection (FDEP). Evidence of an FDEP permit or exemption/self-certification must be provided with a building permit submittal, More information can be found at http://www.dep.state.fl.us/water/wetlands/ ii. NO FILL may be imported without compensating storage as part of the dock's construction for the portion that lies within the Special Flood Hazard Area (SFHA), also known as the 100 -year floodplain. The base flood elevation for Trout Lake is 79.9 ft NAVD. iii. When this structure exceeds four feet in width, the City's Unified Land Development Regulations (ULDRs) with regard to Environmental Protection will apply to this structure. In particular, Section 3-11.5 Lakeshore Protection will apply. Please provide a plan for permanent native re -vegetation of the shoreline and be aware that at least 50% of the shoreline should be vegetated with native species. 2. A building permit must be submitted within 30 days of the approval. 3. The dock must be kept in good condition. The conditional use shall become null and void if the dock sustains damage or falls into disrepair and is not repaired or replaced within six months and is taken before the Special Magistrate for the Code violation. 4. A new conditional use will be required if the size or dimensions of the dock is increased. 5. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and void. A brief discussion ensued regarding work being done without obtaining a building permit and residents being unaware that permits are required before construction begins. Mr. Phillips asked the applicant to come forward. Mr. Robert Green, 400 Misty Oaks Run, Casselberry, Florida came forward. There were no questions for the applicant. Mr. Phillips asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward.