Interoffice Memorandum
DATE: October 20, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager, Environmental Protection Officer
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
title
Accept the findings and recommendation of the Environmental Protection Commission and deny the request for waiver to Section 15-344(a) (side setback); deny the request for variance to Section 15-342(a)(5) (terminal platform size); deny the request for variance to Section 15-344(b) (storage lockers); approve the request for variance to Section 15-342(a)(2) (water depth); approve the request for variance to Section 15-342(a)(6) (access walkway width); approve the request for variance to Section 15-342(a)(7) (board spacing); and approve the request for variance to Section 15-342(a)(11) (more than one dock) to allow a future second dock in another County-approved location that meets the required side setbacks for the Castleman Holdings, Inc., After-the-Fact Dock Construction Permit BD-25-01-009. District 1. (Environmental Protection Division)
body
PROJECT: Environmental Protection Commission (EPC) Recommendation for Request for Waiver and Variances for After-the-Fact Dock Construction Permit BD-25-01-009.
PURPOSE: The applicant, Castleman Holdings, Inc., is requesting an After-the-Fact Dock Construction Permit with a waiver to Orange County Code (Code), Chapter 15, Article IX, Section 15-344(a) (side setback) and variances to Section 15-342(a)(2) (water depth), Section 15-342(a)(5) (terminal platform size), Section 15-342(a)(6) (access walkway width), Section 15-342(a)(7) (board spacing), Section 15-342(a)(11) (more than one dock per lot), and Section 15-344(b) (storage locker on public dock). The project site is located at 13245 Lake Bryan Drive, Orlando, FL 32821 (Parcel ID Number 27-24-28-4340-00-010) on Lake Bryan in District 1.
Background:
There are currently two docks for which the applicant is attempting to obtain a permit. The main dock is on Lake Bryan and the other is within a canal on the north side of the property that leads to Lake Bryan. For the purpose of differentiating the two docks with respect to the variance and waiver requests, the docks will be referred to herein as the main dock and canal dock, respectively.
The property on which the docks are located is used as a wedding venue and ski school. Chapter 15, Article IX, Section 15-323 defines public dock as “a dock that is accessible by members of the public. Docks associated with commercial establishments and activities, and governmental or non-governmental institutions are included in the definition of public dock”; therefore, this application has been reviewed under the requirements for a public dock.
In January 2023, the applicant submitted a request to the County to rezone the property (LUPA-23-01-020) and add more parcels to the site for the wedding venue operations. The Zoning Division conditioned the approval with a requirement to obtain building permits and have final inspections for all existing unpermitted structures or remove them within two years of the Development Review Committee (DRC) approval. In November 2023, the applicant submitted a Development Plan (DP) (DP-23-11-322) to obtain approval of several unpermitted structures on the property. The dock structures were not part of that request and Environmental Protection Division (EPD) staff provided comments to the applicant that approval of the DP did not constitute approval of the boat docks and that separate permitting through EPD would be required for the dock structures pursuant to Chapter 15, Article IX.
On January 23, 2025, EPD received an Application to Construct a Dock for the two existing dock structures on the subject property. Based on historic aerial photographs, the main dock existed on the property in 1975 which would have been a grandfathered dock structure; however, several modifications occurred after Chapter 15, Article IX was adopted on December 12, 1988, and therefore the dock structure is no longer considered grandfathered. EPD does not have any record of a prior dock permit being issued for this parcel.
Waiver - Side Setback
The waiver to side setback pertains to the canal dock. The canal dock consists of a covered boathouse, floating walkway, and numerous jet ski slips. The original site plan showed some of the jet ski slips extending over the projected property line to the north. However, on August 6, 2025, EPD received a revised site plan that depicts portions of the floating walkway and the jet ski slips have been removed such that no portion of the canal dock extends over the projected property line.
Chapter 15, Article IX, Section 15-344(a) states, "Semi-private and public docks, including designated mooring areas, must have a minimum side setback of twenty-five (25) feet from any property line or projected property line.” The applicant is proposing a side setback of 1.13 feet to the northern projected property line.
Pursuant to Section 15-350(e), “the applicant must describe how the waiver would not negatively impact the environment and the effect of the proposed waiver on abutting shoreline owners.”
To address Section 15-350(e), the applicant's agent (Andrew MacPhee) states, “This waiver would allow for the construction of a dock, which, as a made-made structure, would have some impact on the environment. With that said, the canal dock has been designed to minimize disruption to natural habitats by avoiding sensitive areas. It is constructed with environmentally friendly materials to prevent water contamination and allows for the free movement of aquatic life beneath it. The proposed waiver does not adversely affect the rights of other persons or other property owner’s use of, and access to, the surface water or constitute a navigation hazard.”
Variance - Water Depth
The variance to water depth pertains to the main dock. Chapter 15, Article IX, Section 15-342(a)(2), states, “The dock must only extend to the point where reasonable water depth for vessel mooring and access to navigable water is achieved. A reasonable water depth may be defined by a determination that the dock does not extend further than the nearest permitted docks (within three hundred (300) feet or three (3) abutting lots) or a maximum of five (5) feet of water depth as measured from the NHWE...”
The main dock has a water depth of 5.7’ at the Normal High Water Elevation (NHWE). EPD found one permit (02-022) for a dock within the three abutting lots (13353 Lake Bryan Drive) and the length of that dock was approximately 47’ from the NHWE. The length of the main dock is approximately 103’ from the NHWE. Therefore, a variance is required since the dock exceeds five feet of water depth and extends further than the nearest permitted dock.
Section 15-350(a) states, “An applicant may apply to EPD for a variance from a requirement of this article…At a minimum, the applicant must: (1) Identify the section(s) of this article that the applicant seeks a variance for and the extent of the requested variance; (2) Describe the impact of the requested variance on the surface water and the environment; (3) Explain the effect of the requested variance on any abutting or affected shoreline property owner(s); (4) Describe how strict compliance with the section(s) of this article would impose a unique, unreasonable, and unintended hardship on the applicant; and (5) Explain why the hardship is not self-imposed.”
The applicant’s agent has provided the following responses to Section 15-350(a)(2) and (3) for all the requested variances:
(2) “The impact of the requested variances on the surface water and the environment would be none or negligible.”
(3) “There will be no effect of the requested variances on any abutting or affected shoreline property owners. The owner of this property has a Sovereignty Submerged Lands Lease agreement with the State that includes a lake parcel allowing for the existing main boardwalk, covered dock, and floating dock configuration included in this application.
Per the PZC conditions for approval of the Paradise Cove Planned Development / Land Use Plan approved by the Board of County Commissioners on November 12, 2019, the owner is authorized to operate four (4) boats and twelve (12) jet skis at one time. Castleman Holdings, Inc. is registered with the Orange County Tax Collector as a Local Business and continues to operate within these approved conditions.
The configuration of the existing main boardwalk, covered dock, and floating dock are similar to other existing docks on Lake Bryan. The configuration of the existing canal floating dock and covered boat slip is within the subject property and does not adversely affect the rights of other persons or other property owner’s use of, and access to, the surface water or constitute a navigation hazard.”
To address Section 15-350(a)(4), the applicant’s agent states, “The existing main dock was constructed without a permit approximately twenty-five (25) years ago. However, it was built within the confines agreed to in the Owner’s Sovereignty Submerged Lands Lease agreement with the State of Florida. The water depth at the time of construction cannot be confirmed. In order to strictly comply with this section, the existing covered dock and floating dock would need to be removed and rebuilt closer to the shoreline. This would impose an undue financial hardship, cause undue disturbance to the existing water and lakebed, and deprive the Owner of their full rights under the Sovereignty Submerged Lands Lease agreement.”
Variance - Terminal Platform Size
The variance to terminal platform size pertains to the main dock. Chapter 15, Article IX, Section 15-342(a)(5) states, “The maximum allowable square footage of the terminal platform is the calculation of twelve (12) times the linear shoreline frontage, not to exceed one thousand (1,000) square feet.”
The maximum allowable terminal platform for this parcel would be 1,000 square feet. The main dock has a terminal platform size of 1,342 square feet and the canal dock has a terminal platform size of 672 square feet. EPD reviews these as two separate dock structures so this variance request is solely for the main dock exceeding the 1,000 square foot maximum. The variance request pertaining to the construction of more than one dock will be addressed in a subsequent section of this staff report, under the heading ‘Variance - More than One Dock Per Lot’.
To address Section 15-350(a)(4), the applicant’s agent states, “The existing main dock was constructed within the confines agreed to in the Owner’s Sovereignty Submerged Lands Lease agreement with the State of Florida. In fact, the current configuration of the floating dock portion of the terminal platform is smaller than what is included in the lease agreement. The configuration of the main dock terminal platform accommodates the successful operation of the ski school, watersports rentals, and special guest experiences. The Board of County Commissioners has authorized the Owner to operate four (4) boats and twelve (12) jet skis at one time. Strict compliance with this section would not allow for the proper mooring of the boats and jet skis the Owner is authorized to operate.”
Variance - Access Walkway Width
The variance to access walkway width pertains to the main dock. Chapter 15, Article IX, Section 15-342(a)(6) states, “Access walkways shall be limited to five (5) feet in width.” The main dock has an access walkway that measures 5.79 feet wide with three bench areas along the walkway that extend that width to 7.94 feet. The bench areas along the access walkway would be considered a dock accessory per the definition in Section 15-323 and would not be included in the width calculation of the access walkway. Therefore, the variance request is for the 5.79 feet wide access walkway exceeding the five-foot maximum.
To address Section 15-350(a)(4), the applicant’s agent states, “The existing main dock access walkway is approximately one hundred thirty (130) feet long. Altering the width of the dock access walkway to comply with the prescribed width would necessitate removal and replacement of the entire boardwalk structure. This would greatly impact the nearby wetlands and waters owing to the dredging and or filling required for the removal and installation of the thirty-three (33) pilings that are part of the structure.”
Variance - Board Spacing
The variance to board spacing pertains to the main dock. Chapter 15, Article IX, Section 15-342(a)(7) states, “Board spacing on the structure should ensure light penetration underneath.” The minimum board spacing is not expressly stated in the Code; however, EPD’s interpretation is that board spacing of 1/4-inch would allow adequate light penetration underneath the dock needed to support aquatic/emergent vegetation. The applicant is requesting a variance to allow board spacing of 1/8-inch.
To address Section 15-350(a)(4), the applicant’s agent states, “The owner operates a wedding business on this property. The dock serves as a critical venue amenity for the business, providing a unique launch point for bridal parties arriving to the ceremony location by boat or a picturesque setting for photographs. The board spacing has been kept tight to mitigate the liability of high-heeled shoes getting stuck in the gaps, but loose enough to allow for water drainage from the deck surface. Reconfiguring the approximately one thousand one hundred and twenty-five (1,125) square feet of decking on the boardwalk and covered dock would be costly and create an undue hazard for guests.”
Variance - More than One Dock Per Lot
The variance to more than one dock per lot pertains to both docks. Chapter 15, Article IX, Section 15-342(a)(11) states, “Generally, the construction of more than one (1) dock per lot is not allowed; however, a dock may be permitted on each surface water that a lot has frontage on if there is no navigable connection between the surface waters.”
The applicant has a dock on the main waterbody of Lake Bryan and a dock within a canal that is directly connected to Lake Bryan. Since there is a navigable connection, the applicant is requesting a variance to allow for both docks to remain.
To address Section 15-350(a)(4), the applicant’s agent states, “This section notes that “generally” no more than one (1) dock is allowed per lot. The subject property currently comprises lots 1 through 10. As part of a current proposed land use plan for future development on this site, lots 1 through 11 have been aggregated into a single plat. Were these lots to remain separated, the Owner could, conceivably have 11 docks. It would be unreasonable to limit the Owner to one (1) dock given the number of lots included within the property, the size (15.95 acres) of the parcel, and the special conditions granted to the Owner by the Board of County Commissioners.”
Variance - Storage Lockers
The variance to storage lockers pertains to the main dock. Chapter 15, Article IX, Section 15-344(b) states, “Storage lockers are prohibited on semi-private and public docks.” The main dock has an enclosed storage area measuring 95 square feet.
To address Section 15-350(a)(4), the applicant’s agent states, “The owner operates a ski school on the property. The enclosed storage area on the covered dock is utilized as part of the ski school operations. This space is fully enclosed and locked at all times. Strict compliance with the section of this article would impose a hardship for the successful operation of the ski school.”
To address Section 15-350(a)(5) for the six variance requests, the applicant’s agent states, “The hardships noted above are, in fact, self-imposed. With that said, the Owner is attempting to address all code compliance issues on the property by all means available. When these existing structures were built in the late 1990’s, it was done so per the terms and conditions included in the Owner’s lease agreement with the State of Florida. For over 30 years, the Owner has been able to operate successful businesses utilizing these structures to serve the public and generate valuable tax revenue for the County.”
Public Notification and Objection
On June 19, 2025, a Notice of Application for Waiver was sent to the affected adjacent property owner to the north at 8160 Bryan Beach Blvd. On June 20, 2025, a Notice of Application for Variance was sent to the shoreline property owners within 300 feet.
On July 2, 2025, EPD received an objection letter from Joseph Kovecses, Jr., attorney for the adjacent property owners to the north, WGML Investments, Ltd. and PRN Real Estate & Investments, Ltd at 8160 Bryan Beach Blvd. The objection states the substantial number of variance requests are unacceptable and they believe approval of the variance and waiver requests would cause substantial harm to their interests by decreasing the value of their property and hindering future development. The letter states that the alleged hardships are self-imposed and therefore cannot be granted. Regarding the canal dock and associated waiver request, the objection letter states the encroachment of the canal dock onto their property represents real and immediate harm to their interests. They state that the applicant chose to place the non-conforming canal dock on the property line without approval from the County and the applicant has plenty of shoreline available to construct a dock that would not require a waiver to the side setback.
On August 27, 2025, the applicant, their agent, and objector were sent notices informing them of the Environmental Protection Commission (EPC) meeting on September 24, 2025.
Enforcement Action
There is no formal enforcement action for the subject property. Issuance of the Dock Construction Permit with the requested waiver and variances will bring the dock structures into compliance. If the waiver and variance requests are denied, the applicant must either remove the dock structures or revise their site plan and obtain a permit for a dock that is in compliance with Code.
Additionally, Chapter 15, Article IX, Section 15-353(d) states in part, “Any person determined to have violated section 15-324 for failure to obtain a permit prior to constructing a dock or modifying an existing dock such that a variance or waiver would be required, may be subject to an additional administrative penalty in the amount of one dollar ($1.00) per square foot of the entire structure.” Therefore, an administrative penalty of $3,002 was assessed for failure to obtain a permit prior to modification. The penalty amount was remitted on July 17, 2025.
Staff Evaluation and Recommendation
Staff evaluated the request for waiver for compliance with the criteria for approval. The recommendation of the Environmental Protection Officer (EPO) is to deny the request for waiver to Chapter 15, Article IX, Section 15-344(a) (side setback) based on a finding that the applicant has failed to demonstrate there will be no negative effects on abutting shoreline owners pursuant to Section 15-350(e), as an objection was received.
Staff evaluated the requests for variance for compliance with the criteria for approval. Pursuant to Chapter 15, Article IX, Section 15-350(c), Variance criteria. “A variance application may receive an approval or an approval with conditions if granting the variance: (1) would not negatively impact the surface water or the environment or if there is a negative impact, sufficient mitigation is proposed pursuant to paragraph 15-250(d), if appropriate; (2) Would not be contrary to the public interest; (3) Where, owing to special conditions, compliance with the provisions herein would impose a unique and substantial hardship on the applicant; (4) Where the environmental protection officer has determined that the hardship is not self-imposed on the applicant; and (5) Would not be contrary to the intent and purpose of this article.”
The EPO concluded that each of these variance requests are self-imposed as a dock could be constructed on this parcel that meets the specifications of Chapter 15, Article IX. Therefore, the recommendation of the EPO is to deny the requests for variances to Chapter 15, Article IX, Section 15-342(a)(2) (water depth), Section 15-342(a)(5) (terminal platform size), Section 15-342(a)(6) (access walkway width), Section 15-342(a)(7) (board spacing), Section 15-342(a)(11) (more than one dock), and Section 15-344(b) (storage lockers).
EPD presented the waiver and variance requests in a public hearing before the EPC at their September 24, 2025, meeting. Chairman Peter Fleck recused himself from the public hearing due to a voting conflict with the applicant. The applicant, their agent, and a representative for the objector were present at the meeting. Discussion among EPC members took place to attempt clarification of many points including locations of the two docks, size and construction details of the walkways and platforms, regulation of floating docks, navigability of the canal and lake, water depth, what requirements are required to bring the site and docks into compliance with current County code, adjacent property considerations, and environmental impacts of various dock activities and potential dock modifications including erosion, water quality, and wetlands encroachment.
Several motions were made and voted upon with the final decisions summarized as follows:
The EPC voted to accept the findings and recommendation of the Environmental Protection Officer and make a finding that the request for waiver is inconsistent with Chapter 15, Article IX, Section 15-350(e) and recommend denial of the request for waiver to Section 15-344(a) (side setback), and that the following requests for variance are inconsistent with Section 15-350(c) and recommend denial of the request for variance to Section 15-342(a)(5) (terminal platform size) and recommend denial of the request for variance to Section 15-344(b) (storage lockers).
The EPC voted to overturn the findings and recommendation of the Environmental Protection Officer and make a finding that the following requests for variance are consistent with Chapter 15, Article IX, Section 15-350(c) and recommend approval of the request for variance to Section 15-342(a)(2) (water depth), recommend approval of the request for variance to Section 15-342(a)(6) (access walkway width), recommend approval of the request for variance to Section 15-342(a)(7) (board spacing), and recommend approval of the request for variance to Section 15-342(a)(11) (more than one dock) to allow a future second dock in another approved location that meets the required side setback.
BUDGET: N/A