vizcaya heights multicondominium association, inc. boat dock (ho / kingstone dock) after-the-fact...
TRANSCRIPT
![Page 1: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/1.jpg)
Vizcaya Heights Multicondominium Association, Inc. Boat Dock
(Ho / Kingstone Dock)
After-the-Fact Waiver HearingOrange County Board of County
CommissionersMay 21, 2013
![Page 2: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/2.jpg)
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
![Page 3: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/3.jpg)
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
![Page 4: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/4.jpg)
Original Site Plan
![Page 5: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/5.jpg)
Original Site Plan (Zoom)
![Page 6: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/6.jpg)
Staked CenterLine Survey
![Page 7: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/7.jpg)
“As-Built” Survey
![Page 8: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/8.jpg)
“As-Built” Survey (Zoom)
![Page 9: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/9.jpg)
![Page 10: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/10.jpg)
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.
![Page 11: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/11.jpg)
7 ft
As Built
With 7’ Additional set back added
![Page 12: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/12.jpg)
As Built
With 7’ Additional set back added
![Page 13: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/13.jpg)
Perspective View From Shore as Built
Perspective View From Shore with 7’ chopped off
![Page 14: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/14.jpg)
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.
![Page 15: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/15.jpg)
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).
![Page 16: Vizcaya Heights Multicondominium Association, Inc. Boat Dock (Ho / Kingstone Dock) After-the-Fact Waiver Hearing Orange County Board of County Commissioners](https://reader035.vdocuments.mx/reader035/viewer/2022070307/551b5d5d550346d41a8b6657/html5/thumbnails/16.jpg)
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