City examines pie-shape lot rule for piers
BY VICI PAPAJOHN Gulf Breeze News news@gulfbreezenews.com

Since 2004 at least six permits have been issued within the city for piers on pie shape lots or lots with irregular shorelines in the sound, bayous or inlets. The policy for allowing piers on such lots was implemented in early 2004 after repeat requests from citizens who appealed to the council to allow them the full benefit of their waterfront property under commonly applied riparian rights.

The problem is, the city never formally changed the law.

"I am in no way diminishing the error, or minimizing the situation, but I am relieved that we have been implementing a policy that is consistent with the intent of the council," City Manager Edwin "Buz" Eddy said to the council. Eddy and City Attorney Matt Dannheisser presented a full report on the city's policies regarding riparian and property boundary law within the city during the meeting and proposed two ordinances for the Monday, April 7 meeting.

"In preparation for pending litigation involving the Pauldings and the Boykins, staff discovered that the code change that would allow the pier/dock setbacks to be based upon the riparian lines was never formally adopted into law," Craig S. Carmichael, Director of Community Services, advised the council in a memorandum. Carmichael explained that subsequent requests were processed based on the extension of riparian lines, not property lines as "it was mistakenly assumed that the code had been changed to reflect the setback lines based on the riparian lines" as the council's discussions and minutes reflected.

Dannheisser advised the council that they should revisit the policy already in application, and also address instances where a pier could be precluded due to minimum setbacks required to protect grasslands. Council will review both issues and review alternative side setback line requirements for piers.

Police Chief Peter Paulding's pier was at least the sixth such pier approved, according to records. During the meeting Dannheisser advised the council that they should not communicate with Mr. Frank Boykin or his attorney, as the city could get drawn in to the litigation between Boykin and Paulding.