Help protect lake front value of small home owner properties!

The goal of the proposed ordnance update is to eliminate paperwork and time the EPD & BCC spend processing and hearing these requests, driving cost savings to OCFL.

There are three major proposed changes to the ordnance:

Larger maximum terminal platform size. We agree on this
Greater roof height. We agree on this
Removal of the 25 feet side setback on properties with shorefront greater than 75 feet.

We don’t agree with this.

These three changes are directly related and significantly affect adject property owners if side setbacks are neglected.

Lakefront property owners with small pieing lots can now possibly have their property value decreased by allowing docks to exists extremely close. Keeping distance between large lots and small lots is essential to maintain property value and water access / water usage. Large lot owners, 75 feet and greater, should be able to build these larger docks, but utilize their abundant shore frontage to properly place their dock within a logical setback.

Removing the 25 foot side setback, could affect up to 25 homes on Lake Holden and 45 homes on Lake Jessamine. The data tells a clear story for a logical solution that we are proposing.

Within the last 5 years, 786 docks were permitted. 49 waivers for larger terminal platforms were applied for with 100% approval by EPD. This data agrees with the goal of eliminating paperwork and EPC & BCC hearings. 7+ variances for higher roofs were applied for with 100% approval by EPD & BCC. This data also agrees with the goal of eliminating paperwork and EPC & BCC hearings.

Side setbacks are a more dynamic circumstance which requires case-by-case review. Side setbacks wavier requests require a LONO to bypass the EPD & BCC processing time and hearings. The data tells a clear story.

Only 10% of all permits requested a side setback waiver from 25 feet. 80 waivers for the reduced 25foot setback were applied for, of which 83%+ skipped the EPD & BCC process by providing a LONO. This data with a LONO should not be considered for the ordnance change, as it does not affect the EPD & BCC process. Getting a LONO is a simple process, which doesn’t involve EPD & BCC.
The 17 waivers WITHOUT a LONO making it to EPD & BCC required case-by-case review due to lot size, lot shape and water access and adjacent property owner concerns.

Of these setback waivers that were contested EPD & BCC denied the waivers or approved the waivers with an historical average of an 18 foot setback. These required detailed review as no single lot has the same circumstances.

In conclusion, eliminating the 25foot setback is blatantly ignoring the uniqueness of each property, significantly reducing an adjacent property owners value. Mostly all wavier requests provided a LONO, bypassing the EPD & BCC process.

Based on historical trends of EPD & BCC approvals for the 25foot setback waivers without a LONO, I propose to update sec 15-343(b) from 25 feet to 18 feet. A waiver would still be needed to request a reduced setback from 18 feet.

This logical setback protects adjacent neighbor’s property value by allowing unique lot shapes, size and water access to be considered by the adject property owner and county.