On joint motion of all Councilmembers present, the following resolution was offered:

RESOLUTION NO.

A resolution granting a permit under Sections 8-46 through 8-52 of the Jefferson Parish Code of Ordinances to Mr. Stephen Schweitzer for Shannon Family Camp for a permit from the Jefferson Parish Council to renovate an existing residence by replacing existing structure with a two (2) story structure in the same location at #7 Dakin Avenue, Jefferson, Louisiana on the batture i.e., on the left descending bank of the Mississippi River East Bank, New Carrollton Subdivision, Camp Lot Site #7, Jefferson Parish, Louisiana; site is zoned M-1/M-2 , and to provide for related matters. [Council District 2]

WHEREAS, Section 8-46 of the Jefferson Parish Code of Ordinances mandates that “it shall be unlawful for any person to maintain, proceed with, install, construct, excavate or erect or place any structure of any kind...on that area along the Mississippi River, within the limits of the parish... without first obtaining a permit from the parish council”; and

WHEREAS, as required by Section 8-48 of the Jefferson Parish Code of Ordinances, a public hearing regarding the application of Stephen Schweitzer for Shannon Family Camp for a permit from the Jefferson Parish Council to renovate an existing residence by replacing existing structure with a two (2) story structure in the same location at #7 Dakin Avenue, Jefferson, Louisiana on the batture i.e., on the left descending bank of the Mississippi River East Bank, New Carrollton Subdivision, Camp Lot Site #7, Jefferson Parish, Louisiana was held by the Parish Departments of Inspection and Code Enforcement, Planning, Law and Public Utilities/Works, on May 26, 2009, that applicant was notified as to the time and place of, and attended said hearing and that two of said departments recommended denial of the permit to the Applicant based only on technicalities that do not affect the safety or appropriateness of the project; and

WHEREAS, based on the overall merits of the proposed project including, the historical background, uniqueness and the present unsafe condition of the site at issue, as well as the substantial improvement to the structural integrity of the site and the preservation of the historical aspects thereof that will result from the work authorized by the requested permit, particularly in view of the conditions listed below which will be included in said permit; and.

WHEREAS, said application was reviewed at a public hearing on May 26, 2009 conducted by the Jefferson Parish Council as the governing authority of Jefferson Parish; and

WHEREAS, the property and activities at issue are under the jurisdiction of Jefferson Parish and other agencies, including but not necessarily limited to: the U.S. Corps of Engineers, the East Jefferson Levee Board, the Board of Commissioners of the Port of New Orleans, the Louisiana Department of Transportation and Development, the Louisiana Department of Environmental Quality, State of Louisiana Department of Health and Hospitals Office of Public Health and State of Louisiana Department of Public Safety and Corrections Office of State Fire Marshall. Said agencies have, or shall have, no objection under specific conditions to the proposed construction at #7 Dakin Avenue, Jefferson, Louisiana on the batture i.e., on the left descending bank of the Mississippi River East Bank, New Carrollton Subdivision, Camp Lot Site #7, Jefferson Parish, Louisiana, under the provisions stated in the sections below.

BE IT RESOLVED BY THE JEFFERSON PARISH COUNCIL of Jefferson Parish, Louisiana, acting as the governing authority of Jefferson Parish that:

SECTION 1. In accordance with Sections 8-46 through and including 8-529 of the Jefferson Parish Code of Ordinances as well as all conditions outlined below, Applicant, Stephen Schweitzer for Shannon Family Camp, shall be permitted to renovate an existing residence by replacing existing structure with a two (2) story structure in the same location at #7 Dakin Avenue, Jefferson, Louisiana on the batture i.e., on the left descending bank of the Mississippi River East Bank, New Carrollton Subdivision, Camp Lot Site #7, Jefferson Parish, Louisiana, which property is zoned M-1/M-2 and hereafter referred to as “the site.” The following conditions apply to said permit:

(a) Applicants/Pemittees (hereafter “Applicants”) shall secure a building permit from the Parish for said project with the required inspections by the Parish. Applicants shall perform the work in accordance with, and maintain current, the required permits for the proposed work from the Parish of Jefferson and any and all other regulatory agencies that have jurisdiction over the batture;

(b) The renovation and replacement is installed at the same location on the batture at which Applicants’ structure was previously located. Nevertheless, by granting this permit, the Parish of Jefferson assumes no responsibility for and makes no representations or warranties concerning the correctness or adequacy of Applicants’ application drawings;

(c) Applicants shall maintain the improvement and related facilities in a good state of repair at all times, and that, should the improvement or facilities be abandoned for any reason, or become a hazard, Applicants shall promptly remove the improvement or facility and restore the area to a condition satisfactory to the Parish of Jefferson, or, perform any work necessary to remedy any related hazardous condition;

(d) Applicants shall not conduct, or permit others to conduct, a public wharfinger business in, on or over said improvements;

(e) This permit shall be revocable by Parish of Jefferson in the event the Parish finds, in its discretion, that Applicants have not complied with any of the terms and conditions of this permit;

(f) Should changes in the location or section of the existing levee and/or river, or in the generally prevailing conditions in the vicinity, be required in the future in the public interest, Applicants shall make changes in the project concerned, or in the arrangement thereof, as may be necessary to satisfactorily meet the situation and shall bear the cost thereof; and

(g) Applicants, by accepting the permit herein, agree to release and hold harmless Jefferson Parish for any loss, claims or damage of any type whatsoever suffered by the Applicants or any other person or entity resulting from construction and/or improvement by the Applicants which is contrary to the property rights or existing title restrictions related to said site and to bear the full and entire expense, cost, and risk in connection with the subject improvements and maintenance and operation of same and further Applicants agree to indemnify Jefferson Parish for any damages, including legal costs, the Parish may suffer or have to pay related in any way to the construction related to this permit and Applicants agree to execute a hold harmless and indemnification agreement regarding the permit.

SECTION 2. Property Rights

(a) This permit and any other permits which may be granted by the Parish regarding this site described above shall not indicate a determination of the ownership of the property described above, have no bearing on the ownership of said property and do not grant any real property rights to the Applicants.

(b) This permit is conditioned upon Applicants’ ownership or lease of the riparian property described above or upon Applicants having obtained the written authorization of the riparian proprietor to Applicants’ use of said property for the purposes mentioned.

(c) This permit is subject to any rights of the adjacent riparian owners; and does not authorize any injury or invasion of private property or private rights, or any infringement of federal, state or local laws or regulations.

SECTION 3. A permit granted herein shall be effective only when the owner has received approval or conditions for final approval, as appropriate, of all other agencies which have jurisdiction over the location and activities involved herein and the project is constructed and maintained in accordance with the requirements and conditions of the permits, conditions or approvals of all such agencies. Such agencies include, but are not necessarily limited to: the U.S. Corps of Engineers, the East Jefferson Levee Board, the Board of Commissioners of the Port of New Orleans, the Louisiana Department of Transportation and Development, the Louisiana Department of Environmental Quality, State of Louisiana Department of Health and Hospitals Office of Public Health and State of Louisiana Department of Public Safety and Corrections Office of State Fire Marshall.

SECTION 4. This and any other permits regarding this site granted by the Parish shall be granted specifically to Applicants, Stephen Schweitzer for Shannon Family Camp, will not be transferable to any other individual, corporation or legal entity, including the owner of the property, if other than Applicants;

SECTION 5. The Department of Inspection and Code Enforcement is authorized and empowered to issue a Use Permit to the owner of the property at issue when the owner presents written proof that the approvals or conditions for final approval, as appropriate, required by Jefferson Parish and by the authorities named in Section 4 above have been secured as well as the hold harmless and indemnification agreement required by Section 1. (g) above.

SECTION 6. In accordance with Section 8-50 of the Jefferson Parish Code of Ordinances, this permit for use shall expire on July 31, 2010 and a renewal application for an annual [calendar year] permit shall be filed with the Department of Inspection and Code Enforcement prior to August 31, 2011; otherwise, Applicants may be required, at the discretion of the Jefferson Parish Department of Inspection and Code, to seek said permit approval by the Parish Council.

The foregoing resolution having been submitted to a vote, the vote thereon was as follows:

YEAS:_____ NAYS: _____ ABSENT: _____

This resolution was declared to be adopted on this _____ day of June, 2009.

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