[1. PVZVAR 2022-2 Wise Residence Fence. Request for a Zoning Variance to Section VIII.N of the Ponte Vedra Zoning District Regulations to allow for a six (6) foot fence along the southern property boundary in lieu of the four (4) foot requirement. The subject property is located at 135 Ponte Vedra Boulevard. This application was continued from 3/7/22 PVZAB hearing at the request of the Applicant]

PERSONS INVOLVE AND THE MATERIAL CONTENT OF THE COMMUNICATION. CIVILITY CLAUSE.

WE WILL BE RESPECTFUL OF ONE ANOTHER.

EN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TO THE ISSUES. WE WILL AVOID PERSONAL

ATTACKS. >> THANK YOU MEGAN.

>> WITH THAT, ARE THERE ANY PUBLIC COMMENTS THAT DON'T

RELATE TO THE AGENDA ITEMS? >> SEEING NONE, I WOULD LIKE TO PROCEED PVZVAR2022-IF WISE RESIDENCE LOCATED 1

135PONTE VEDRA BOULEVARD. >> MR. CHAIR I HAVE VISITED THE SITE. I SPOKE TO NO ONE.

>> I VISITED THE SITE. AND I SPOKE TO THE NEIGHBOR

TO THE NORTH. >> I MET WITH MR. WISE HE SHOWED ME THE FENCE LOCATION AND WE BRIEFLY TALKED ABOUT

THE HISTORY. >> I AM FAMILIAR WITH THE SITE. I HAVEN'T SPOKEN WITH

ANYONE. >> I VISITED THE SITE; I HAVEN'T SPOKEN WITH ANYONE. STAFF ANY COMMENTS ON THIS?

>> NO COMMENTS MR. CHAIR. >>> POLICE PROCEED WITH THE PRESENTATION. NAME AND ADDRESS.

[INAUDIBLE] THAT'S JACKSONVILLE, FLORIDA. HERE'S THE APPLICANT AGENT ON BEHALF OF THE WISE FAMILY.

I THINK THIS PRESENTATION IS CUED UP.

THERE WE GO. I WILL RUN THROUGH THE DESCRIPTION AND THE PRESENTATION AND THEN GO TO QUESTIONS AND ANSWERS TO THE BOARD.

OBJECTION THIS IS A RELIEF FROM SECTION 8-IN BY THE FENCE HEIGHT TO MAINTAIN THE FENCE HEIGHT AS IS.

IT WAS APPROVED IN 2000 FOR PV0005.

AND HAS BEEN IN EXISTENCE SINCE THAT TIME.

SOME IMPROVEMENTS HAVE BEEN DONE TO MAINTAIN THAT OVER TIME. NEW GUARD DOGS AND EXISTENCE AND BRIGHT NEW SECURITY LIGHTING ON THE SOUTH AND

[00:05:03]

SINCE THE PREVIOUS APPROVAL THE PROPERTY HAS BEEN SOLD AND RENOVATED. THERE'S NO OPPOSITION TO LEAVE THE FENCE AS IS. OKAY.

>> THERE'S AN AIR DEPICTION OF THE PROPERTY AS IT SITS TODAY. HERE'S IS SURVEY.

AND AS YOU SEE ON THERE, YOU CAN SEED THE FENCE SECTION THERE ROUGHLY UP TO BUT NO HIGHER THAN 6 FOOT IN HEIGHT. ROUGHLY 130 FOOT IN DISTANCE. ABOUT 199 FEET LONG ON THAT PROPERTY LINE RIGHT THERE. THIS IS -- CURRENTLY SO YOU SEE THE WOOD FENCE IN EXISTENCE AND IT KIND OF STUFFED UP NATURALLY WITH THE GRADE AND THEN BACK DOWN. REALLY THE BULK OF THE MASSING ALONG THE ENVELOPE OF THE HOUSE IS WHERE IT IS AT THE HEIGHT. I GO THROUGH HEIGHT DEPICTIONS IN A SECOND. MORE PICTURES OF THE PROPERTY WITH THE FENCE. THE ABUTTING PROPERTY AS WELL. THIS IS THE VIEW AS YOU'VE DRIVEN BY. YOU SEE ON PONTE VEDRA BOULEVARD VERY HE I WILL VEGETATED AND SCREENED ALONG THE FENCE. IT'S BEEN SINCE ROUGHLY 2000. SINCE IT'S ORIGINAL VARIANCE. HERE'S THE FENCE SINCE 2004.

AND THE REASON THIS IS SIGNIFICANT IS BECAUSE STAFF HAS COME TO AN AGREEMENT THAT THEY BELIEVE THIS VARIANCE APPROVED AROUND 2000 FOR THE FENCE HEIGHT INCREASE. AND THE PREMISE OF THE FENCE HEIGHT INCREASE WAS TO HELP PROTECT AGAINST AGGRESSIVE BREED DOGS. THAT THOSE DOGS ARE ESSENTIALLY ON THEIR SECOND GENERATION NOW.

THE PROPERTY OWNER EXCHANGED SEVERAL NEW DOGS AND THOSE DOG STILL REMAIN AND ECONOMIST TODAY.

YOU CAN SEE WE THINK AROUND 2004 THAT FENCE WAS ACTUALLY CONSTRUCTED OR AT LEAST DURING THIS AERIAL DEPICTION THAT'S WHEN IT WAS ON THERE. YOU CAN SEE WHERE IT GOES UP ESSENTIALLY FROM THE NEIGHBOR'S WALL ON HIS PROPERTY ALL THE WAY DOWN TO ESSENTIALLY THE ENVELOPE OF HOUSE. MY CLIENT BOUGHT THE PROPERTY IN 2007. THIS IS 2014.

YOU CAN SEE THERE AGAIN, THIS SHOWS ANOTHER VIEW OF THE FENCE ITSELF ABOVE THE RETAINING WALL.

AND THEN 2017, WITH SOME DAMAGE IN CONSTRUCTION.

THERE WAS THE HOUSE WAS RENOVATED AFTER DURING 2017.

AND SOME OF THAT WAS ALSO DUE TO THE HURRICANES WHEN THE FENCES REBUILT. YOU CAN SEE ON THIS PICTURE YOU CAN SEE SOME OF NEW FENCE SECTION REPLACED THERE. AND HERE'S A PICTURE OF 2021. THIS IS KIND OF MODERN DAY TAKING YOU THROUGH THE YEARS AGAIN.

THE NEIGHBOR HAS SINCE ADDED SOME PATIO TO THE REAR YARD.

THERE'S ONE OF THE DOGS THERE.

THIS THE GOOGLE EARTH. YOU CAN SEE THE WALL OF THE SECTION. THE FENCE ON MY CLIENT'S PROPERTY IS REALLY LIVED IN HARMONY SINCE 2004 WHEN CONSTRUCTED PER THE VARIANCE.

THE CRUX OF THIS MATTER IS ESSENTIALLY THERE WAS NO TRANSFERABILITY GRANTED DURING THE APPROVAL RELEASE OF COUNTY STAFF. CAN'T FIND THAT ROAR THAT SHOWS THERE WAS TRANSFERSABILITY FOR A FENCE. AND GOING THROUGH THE BULLET POINTS HERE. VARIANCE LIKELY APPROVED BASED ON STAFF RECORD INDICATING OWNER ENTITLED TO REASONABLE ENJOYMENT OF THEIR PROPERTY.

CODE ENFORCEMENT VIOLATION IN 2018.

WHEN THE HOUSE WAS RENOVATED.

THERE WAS A NEW FENCE PUT UP BUT THE SAME ESSENTIALLY THE SAME FENCE HEIGHT. AND THE SAME LENGTH OF FENCE. BUT, AGAIN, YOU CAN PICTURE IT'S FRESH NEW WOOD. STANDS OUT.

THEY WERE CITED IN 2018. THERE ARE NEW DOGS AND NEW LIGHTING ON THE PROPERTY TO THE SOUTH.

THEY ARE ENTITLED TO HAVE FOR WHATEVER PURPOSES THEIR OWN DOG AND LIGHT AND AS SEEN FIT FOR THE ENJOYMENT OF THE PROPERTY. NEW HOME RENOVATIONS FROM 2000. THIS DOESN'T HAVE CONFLICT NUISANCE OR NEGATIVE IMPACT ON THE NEIGHBORS IN THE COMMUNITY. EXISTED IN HARMONY FOR DECADES WITH THE EXISTING CONDITIONS.

AND EXTRAORDINARY SITUATION. I WILL STATE ON THE RECORD AS YOU THE BOARD MAY KNOW, THE NEIGHBORS THERE THE SUBJECT PROPERTY TO OUR SOUTH DID WRITE A LITTLE OF OBJECTION. THEY THOUGHT WE WERE ASKING

[00:10:02]

FOR FURTHER INCREASE OF THE FENCE.

ONCE DIALOGUE ENSUED AND THE OWNER REALIZED IT'S STAYING THE SAME. WE'RE JUST ESSENTIALLY FIXING A CODE VIOLATION THAT HAPPENED FROM RICH WHO I TALKED TO IN CODE ENFORCEMENT OFFICER SAID LOOK, A COMPLAINT WAS CALLED IN.

I HAVE TO CITE THIS. THAT'S WHERE WE STAND TODAY THROUGH ALL THE COVID AND EVERYTHING ELSE.

WITH THIS REQUEST FOR APPROVAL AND IT REALLY HARKINS BACK TO STAFF BELIEVES THIS VARIANCES APPROVED. BACK IN 2000 BUT THEY DON'T BELIEVE IT HAS TRANSFERABILITY.

WHEN MY CLIENT BOUGHT THE PROMPT IT WOULDN'T HAVE TRANSFERRED TO MY CLIENT AND HERE WE ARE.

S THE OWNER STATE THEY PREFER THIS FENCE TO REMAIN AS IT TODAY. I RESPECTFULLY YOUR APPROVAL ON THIS. I CAN ANSWER MORE QUESTIONS IF YOU HAVE THEM. I WAS ON THE BOARD WHEN THIS WAS APPROVED. DEFINITELY WAS APPROVED.

THEY WERE CONCERNED FOR THEIR GRANDCHILDREN'S SAFETY. THERE WERE A COUPLE OF INSTANCES AT THAT TIME. I THINK THE QUESTION IS NOT WHETHER ITS APPROVED, BUT THE TRANSFERABILITY.

>> THANK YOU, SIR. >> MY QUESTION OF TRANSFERABILITY, IF THE FENCE WAS THERE AND IT GOT DAMAGED AND REPAIRED. WOULD THAT NO STILL BE ALLOWED UNDER THE ORIGINAL VARIANCE?

>> MR. CHAIR, ONE OF THE BIGGEST ISSUE WE HAVE WITH THIS MR. WESTER DID FURNISH US WITH THE PIECE OF THE ORIGINAL STAFF RECORD THAT'S REFERENCED TO THE OLD VARIANCE. BUT I HAVE NO COPY OF THE APPROVED ORDER. WE'RE MAKING A LOT OF ASSUMPTION WHEN WE TALK ABOUT FULLER INABILITY.

WE DON'T ULTIMATELY HAVE THE PRIEST APPROVAL.

I THINK EVERYBODY ACKNOWLEDGES THAT, THAT TOOK PLACE. THAT'S SORT OF A WRAP ON

THAT. >> OKAY.

IF I MAY, SIR. >> YES.

>> THANK YOU. WE BELIEVE THAT THE CONDITIONS THAT WE DON'T KNOW IF THERE'S TRANSFER NLT GRANTED. AS LONG AS THE DOGS EXIST, AND SO FORTH, IT'S DOG LIFE 10, 12, 15 YEAR MAX.

THIS THE PREVIOUS DOGS. NOW ON THE SECOND GENERATION

DOG. >> WITH THEY SENT A CHT SAYING WE WANT IT AS IS. EVERYTHING LIVES IN HARMONY.

BUT AND UNLIKE SOMETHING ELSE THAT'S MORE OF A PERSONAL PREFERENCE WITH MAJOR TRANSFERABILITY CLAUSE, THIS ONE SEEMS TO KIND OF FIT THE ENVIRONMENT OF WHAT BOTH PROPERTIES KIND OF CURRENTLY OCCUPY.

WE ASK FOR REQUEST FOR APPROVAL.

>> THE TENSE PRIOR TO 2017S THE SAME HEIGHT?

>> YES, ABSOLUTELY. IT GOES BACK DOWN AFTER THE GENERAL ENVELOPE OF THE HOUSE.

IT GOES BACK DOWN TO FOREFEET.

IT'S UP WHERE THE TYPICAL GRADE IS UP AND THE HOUSE PAD IS UP. THEY GET UP ON THE WALL AND BARK AND CAUSE A NUISANCE. IT IS TRUE.

THAT THE PREVIOUS OWNERS FELT FLFS CRITICAL NEED TO

LEAVE THE FENCE UP THERE. >> AS IT GET CLOSER TO BEACH

IT GOES TO METAL FENCE? >> YES, SIR.

>> METAL FENCE. AND VERY MATURE LANDSCAPING NOT BEEN TOUCHED SINCE 2000. IT'S EXTREMELY MATURE.

AS YOU KNOW THERE NEED TO BE MORE OF BARRICADE THERE HE WASES WILL AT ITS OWN FOR HIS WALLS WHEN HE'S DONE IMPROVEMENT HE WILL FORTIFY HIS NEEDS AS WELL FOR BACK PATIO. IT IS NOT RUN RISK FOR MY CLIENT'S SUSPENSE AT ALL. THINGS LIVED IN HARMONY.

THE CRUX OF IT A VIOLATION BECAUSE IT'S A SHINY NEW FENCE UP AFTER THE HURRICANE DAMAGE AND THE RENOVATIONS TO THE HOUSE. HAD THIS BEEN TRANSFERABLE,

WE WOULDN'T BE HERE TODAY. >> OKAY.

MEGAN? [INAUDIBLE] I HAD A COUPLE OF QUESTIONS. ONE IS THAT AS SORT LOGIC QUESTION. IS THAT YOU NEED THE FENCE TO BE SIX-FEET HIGH BECAUSE OF THE DOGS.

[00:15:04]

BUT IN A PORTION OF THE YARD -- MEETING ROTARY CHOIRMENT. IF THE DOG REALLY WANTED TO GET THROUGH THEY COULD. WE CAN GET BY WITH THE FOUR-FOOT FENCE BECAUSE OF VEGETATION WHY WOULDN'T YOU THEN SAY WE WILL USE VEGETATION FOR THE SIX-FOOT

FENCE IS? >> THOSE ARE GREAT QUESTIONS. I WILL DIRECT YOU TO AERIAL.

I HAVE A POINTER HERE. THIS SECTION RIGHT THAT IS THERE'S A GATE TO THE SIDE OF THE HOUSE.

THE ANIMALS CAN UNFREE ON THIS HOUSE.

BUT THEY CAN'T GET DOWN TO WHERE THE FENCE GOES BACK

DOWN. >> WE'RE BUCKIC ABOUT TOWARD -- JUZ BEHALF AFTER THE PATIO AND MY CLIENTS GRAY THERE'S HEAVY VEGETATION THERE.

ENOUGH TO AT LEAST BE DETRACTOR.

YOU HAVE SOFT TURF AS OPPOSED TO HARD ELEMENT FOR MAYBE A DOG TO GET UP ON AND LOOK OVER AND BARK.

THE MORE IMPORTANTLY WHAT YOU DON'T HAVE YOU HAVE ACTIVITY THAT IS HUMAN ACTIVITY.

>> YOU GO BACK THERE TO CHECK POOL EQUIPMENT.

YOUR KAYAK, WHATEVER IT MAY BE.

YOU DON'T P TYPICALLY RIGHT ALONG THE PROPERTY AGE ON EITHER SOOFD O THE PROPERTY. IT'S SEPARATE I BY MORE HEAVY VEGETABLE WHICH DOUG THE TRIJ DOES NOT.

IT'S MORE ELEVATED WITH NERNL YOU MAY HAVE TO THE BALL TO ROBERT LINE ITSELF. BECAUSE OF THAT, THAT'S THE CRITICAL NATURE OF HAVING A SIX-FOOT FENCE ALONG THE ENVELOPE. THEN IT WILL GO BACK DOWN TO FOUR. WHY COULDN'T IT BE FOUR ON THE AOUT WITH HEAVY VEGETATION.

THIS PROVIDES ANOTHER LEVEL OF SECURITY THAT'S REALLY CRITICAL TO EVERYBODY'S LIVELIHOOD.

>> AND THEN THE OTHER QUESTION, I HAVE THE NOT SPECIFICALLY TALKED ABOUT IN THIS, THIS VARIANCE REQUEST.

BUS THERE'S A 6-FOOT FENCE ON THE NORTHERN BOUNDARY.

RIGHT, AND MY LINED INHERITED THAT.

IT'S BEEN THERE SINCE HE MOVED IN.

HEOC I WILL PURCHASED THE OTHER AS WELL.

THAT CAN THAT FENCE THE WAY IT IS.

WE DO REALIZE IT'S -- I THINK A SIX-FOOT FENCE.

I DIDN'T PUT A MEASUREMENT TO IT BUT I WALKED AROUND

THE HOUSE ENOUGH TO KNOW. >> IT'S SIX FOOT.

THAT'S SOMETHING THAT'S INHERITED BY THE PROPERTY.

I CAN'T REALLY SPEAK TO THAT AT THIS TIME.

THE CODE VIOLATION IN THE MATTER WHERE THIS REFERENCE OF THE FENCE. MY CLIENT INHERITED THIS FENCE AND THAT FENCE OVER THERE.

BOUGHT THIS PROPERTY IN 2010.

AND THEN THE ONE NEXT DOOR IN 2016.

>> THANK YOU. >> FIRST THING THAT CAME TO MIND FOR ME WAS THE SECOND GENERATION OF DOGS.

ARE THEY INTO ANOTHER GROUP OF DOBERMINS.

>> THEY'VE BEEN TRAINED AS GUARD DOGS?

>> I CAN TELL YOU FROM MY PERSONAL EXPERIENCE.

I DON'T LIVE AT THE RESIDENCE.

BUT I KNOW WHAT THEY HAVE ADVISED ME ON AND WHAT'S GOING ON THERE. I DO LIVE IN AS PONTE VEDRA.

I CAN TELL YOU THIS, THE DOGS BARK WHILE YOU ARE ON THE BEACH. THEY BARK AT YOU IF YOU ARE PROXIMITY TO THE DO YOU KNOW OR ANYTHING.

THEY ARE CLEARLY THERE FOR TERRITORIAL DEFENSE PUMPS.

JUST THEY ARE ENTITLED TO THAT.

BUT THEY CLEARLY LOOK LIKE THEY TRAINED GUARD DOGS.

IS AT LEAST A SECOND GENERATION OF DOBERMIN PINCHERS. I WANTED TO GET A PICTURE BUT I COULDN'T GET THAT. IRONICALLY THIS IS GOOGLETTE IMAGE. HERE'S ONE OF THE IMAGE FEBRUARY OF 2021. THAT'S WHY I PUT LIGHTNING THE DESCRIPTION. THERE'S BEEN A NUMBER OF SECURITY LIGHTS ADDED TO THIS PROPERTY OVER TIME AND AT NIGHT IT'S IT WILL UP LIKE FORT KNOX.

THAT'S ANOTHER ELEMENT THE LIGHTS ARE SO BRIGHT.

THEY ARE ENTITLE FOR THEIR OWN SAFETY AND SECURITY.

BUT THAT FENCE DOES DAY TIME BRIGHTNESS GLARE.

5,000 LIGHTING. INTO MY CLIENT'S PROPERTY.

I DID PUT THAT ON THE BULLET POINTS I WE ARE IN TUNE TO

[00:20:09]

THE ARM ANY IS FAN BEING WHERE US IT SM I GUESS I WOULD MENTION TO JAKE ASHE IS IT SOMETHING WE SHOULD CONSIDER PUTTING IN THE COUNTY RECORDS THEN? SOMETHING THAT TALKS ABOUT GENERATIONS OF DOGS? THAT COULD GO ON FOR 1500 YEARS.

IS THAT GOING TO A REASON THAT SOMEONE CAN JUST KEEP PASSING ON AND IS IT TRANSFERABLE THEN TO THE NEXT PEOPLE THAT BUY. THEY CONSIDER THEM AS GUARD GAP -- HOW WILL WE HANDLE IN ANDACE THAT PROPERTY MOVES ON. REGARDING THE TRANSFERABILITY OF ANY POTENTIALLY APPROVED VARIANTS. P THAT'S AT THE BOARD'SDY DESCRIPTION. I I DRAFT ORDER RIP WHICH OF-FOOT FENCE WOULD BE ALLOWED TO REMAIN PURPOSE

DUITY. >> THAT WOULD BE TRANSFERABLE FOR ANY REASON THEN IS WHAT YOU ARE SAYING.

DOESN'T HAVE TO BE THE NEIGHBOR HAS GUARD DOGS.

IT'S JUST IT'S NOW A TRANSFERABLE ITEM.

>> YES, SIR. THAT'S CORRECT.

AND, YES, MY DRAFT ORDER THAT I HAVE HERE IS THAT VARIANCE WILL BE TRANSFERABLE.

AND APPLIED TO THE PRO POST SITE PLAN AS SHOULD BE PRO OKAY. THANK YOU.

MY SECOND QUESTION WOULD BE LOOKING AT THAT BALL, I MEAN, THINK IT LOOKS TERRIBLE BEING THAT HIGH.

ANDS FROM ANY FOR MAYBE DOING THE LOWER PART WHERE THE DOG MAY BE FIEG -- GOING THROUGH FENCE.

IF WE GET ABOVE FOUR FEET. IS THERE A POSSIBILITY SOME OF THEM COULD GO LOOK THE ROOT IRON ON SOMETHING THAT'S SO I DON'T KNOW. I JUST THINK THAT 6-FOOT FENCE IS MAKING P WE DON'T BLOCK LIGHT AND AIR AND VISIONY JECH AS I SAID KNOWING THE BEACH IS THERE.

FEELING THE BREEZE. THE LIGHT IN THE AIR.

AND THAT ESSENTIALLY THE FENCE GETS TOO HIGH AND 100% IT COULD BLOCK THAT. TH I WILL TAKE YOU BACK TO THIS PICTURE.

THIS WHITE STRUCTURE HERE IS PA SONRY.

AND P THIS IS A WHITE WALL. THAT IS ROUGHLY FOUR OR FIVE FOOT TALL. THAT'S A BIG BREED DOG CAN JUMP ON ON OF THAT. MY NOT HAVING SOMETHING IN YOUR FACE WHEN YOU TRY TO GET YOUR POOL EQUIPMENT OR KAYAK. I SAY MY CLIENT INHERITED IT. AROUND 2004 WE THINK THE FENCE WAS BUILT AFTER THE VARIANCE.

THIS IS WOOD FENCE AND HIGH-END DECORATIVE FOOD FENCE. IT'S NOT A WEEKEND WARRIOR JOB. S A THETCALLY IT'S PLEASING AND NICE. BUT PAST OORN YOU HAVE TO GET TO LOOK THIS WAP OR THIS WEARE SFCHL WHAT IT DOES IS

PROTECT EVERYBODY LONG HOT >> I AGREE WITH YOU, WE COULD CONSIDER A WROUGHT IRON OR METAL DECORATIVE FENCE. THAT WOULD BE HARD TO BUILD ON THE WOOD STRUCTURE. YOU CAN SEE HERE, I WILL TAKE YOU BACK REAL QUICK. YOU CAN SEE HERE, HERE'S THE WALL. THIS KIND OF -- THERE ALREADY A STEM WALL HERE. PAVER WALKWAY.

HERE'S ALL THE EQUIPMENT. HERE'S THE FENCE ITSELF.

HERE'S THE NEIGHBOR'S PROPERTY.

YOU CAN SEE THIS STEPPED UP HERE.

AND AS THIS COMES IN A LITTLE GATE HERE.

SIDE YARD, PATH YOU TRY TO GREEN IT THIS IS ALL COMING

[00:25:03]

MATURITY. THIS IS FROM 2018.

THEY DIDN'T WANT TO TOUCH THESE THINGS ON THE SIDE YARD. CLEARLY DURING RENOVATIONS THEY GOT BEAT UP A LITTLE BIT.

THEY WHERE ALL COMING BACK. WE'RE HOPING IT WILL BE GREEN AT LEAST FROM THE STANDPOINT OF HAVING CAPACITY THERE FROM VEGETATION STANDPOINT.

THE MAKE'S PROPERTY IS A DIFFERENT ANIMAL.

NO PUNT INTENDED. THEY GOT MASONRY WALL HERE.

THAT'S 100% OPAQUE. THERE'S A PAVED WALKWAY.

THERE'S NO VEGETABLE OVER THERE.

THE MISSION WALL AND WALKWAY.

YOU GOT TO GET INTO THE YARD BEFORE THERE'S GREEN SPACE ON THE PROPERTY. WHILE WE'RE TRYING TO GREEN UP OUR SIDE FROM MY CLIENT'S PERSPECTIVE.

I CAN'T SPEAK TO THEIR NEEDS AND THEIR DESIRES ON THERE'S. ALL I CAN POINT TRANSFERABILITY WOULD BE REQUESTED IF POSSIBLE SO WE DON'T HAVE TO GO THROUGH THIS REPUBLICAN.

IT SEEMS TO FIT THE CHARACTER WITH THE PROMPT

OWNERS AND THEIR NEEDS PER >> ANYTIME WE APPROVE VARIANCE IT SETS UP OKAY FOR THE REST OF THE PUBLIC.

AND WHAT WE PROBABLY DON'T WANT TO SEE IS EVERYBODY ACQUIRING GUARD DOGS IN ORDER TO GET THEIR 600.

I COULDN'T AGREE MORE. >> WE JUST HAVE TO BE CAREFUL WHEN WE LOOK AT THESE THINGS.

>> YES, SIR. >> WHETHER IT BE GUARD DOGS OR LITTLE PRECEDENT IS NOT A MERIT FOR CRITERIA.

EVERYONE HAS TO BRING THEIR OWN REASON OF THEIR REQUEST FOR SITE SPECIFICITY. THAT'S BEEN IN PLACE HERE

SINCE 2000. >> AGAIN I ASK FOR YOUR APPROVAL OF TRANSFERABILITY AND THE FENCE AS WE'VE SEEN

IT ON THIS. >> THANK YOU.

>> MEGAN HAS A QUESTION. >> WHAT IF WE CHANGED THE VARIANCE TO -- IN TERMS OF TRANSFERABILITY TO BE SUBJECT TO IS THERE BEING THE GUARD DOG, THAT THE SITUATION THAT IS CAUSING DRIVEN THAT THE 6-FOOT FENCE BE THERE CONTINUES. ONCE THE DOGS ARE GONE.

SO IT'S IT HAS A SUN SET PROVISION.

>> DOGS AND THE PEOPLE ARE NOT GOING TO LIVE FOREVER.

>> I UNDERSTAND. AND I'M NOT SURE WHAT THE LEGAL DEFINITION OF AGGRESSIVE BREED GUARD DOG IS. I THINK THERE'S A COMMON SENSE DEFINITION. IN THIS CASE, IT'S TOUGH TO SAY WHAT WOULD HAPPEN HERE IN THE FUTURE WITH DOGS AND OR ANY OTHER DEVELOPMENT. THIS THE WISE RESIDENT WAS REDEVELOPED IN 2017-2018. THAT'S NOT GOING ANYWHERE IN FORESEEABLE FEATURE. THIS RESIDENT IS MORE DATED FROM THE TIME OF ORIGINAL CONSTRUCTION.

AND IN THE FUTURE IF THERE WAS RENOVATION OR DEMO OR THING LIKE THAT. THIS WALL MAY COME OUT AS WELL JUST TO MATCH THE OVERALL CONSTRUCTION.

IT'S HARD TO SPECULATE WHAT WOULD HAPPEN.

I KNOW THE ORIGINAL PREMISE WAS AGGRESIVE BREED DOG WE

THINK THE REASON FOR THE -- >> I SAY ADD THAT LANGUAGE TO THE ORDER THAT'S -- THAT THIS VARIANCE RUNS CONCURRENTLY WITH THE EXISTENCE OF DOG OR SOMETHING. OF

>> CHIHUAHUAS ARE AGGRESSIVE.

>> THEN IT WOULD BE -- I AM CONCERNED ABILITY SETTING PRECEDENTS ALSO. THEY DO HAVE THE SIX-FOOT FENCE ON THE NORTH SIDE. AT THIS POINT, WE'LL TAKE WHAT WE CAN GET SINCE THE ORIGINAL VARIANCE YOU KNOW DID SAY AGGRESSIVE BREED DOG.

NOW THERE'S LIGHTING TO THE PROPERTY.

WE CLEARLY RENDER THEIR OPINION AND SO THEY WANT TO REMAIN EVERYTHING AS WELL. I'M OKAY.

AS LONG AS TRANSFERABILITY. >> QUESTION TO STAFF.

IF THE FENCE HAD NOT BEEN REPLACED, WOULD WE BE HERE

NOW? >> ULTIMATELY, SIR, I BELIEVE APPLICANT IS HERE BECAUSE THERE WAS A PRIDE COMPLAINT ON THE FENCE. IT'S HARD TO SAY THAT NO ONE WOULD HAVE MADE SUCH A COMPLAINT IF THE FENCE HASN'T BEEN REPLACED. IT'S ALWAYS A POSSIBILITY.

>> THERE'S NO WAY TO FIGURE THAT OUT.

>> ANY MORE QUESTIONS FROM THE BOARD?

>> ANY PUBLIC COMMENT ON THIS SUBJECT?

[00:30:13]

HEARING NONE, TURN IT BACK TO THE BOARD.

>> THANK YOU. >> YOU KNOW MANY PEOPLE KNOW THAT FENCE HEIGHTS ARE CONTENTIOUS ISSUE IN THIS COMMUNITY. AS A MATTER OF FACT NOT THAT LONG AGO WE HAD A MEETING WHERE OVER 300 PEOPLE SHOWED UP AT THE LIBRARY OVER FIVE ISSUE BEING PROPOSED.

AND ABOUT 130 OF THEM GOT INTO A ROOM TO VOTE ON THIS.

AND STAFF HELD THE VOTE. AND OF THE 130, I THINK LEGS THAN TEN HANDS WENT UP THAT SAID INCREASE THE FENCE HEIGHT FROM 4 TO 6 FEET. WE KNOW WHAT THE COMMUNITY WANTS. I DON'T THINK THAT'S IN QUESTION IN TERMS OF THE COMMUNITY.

THAT'S NUMBER ONE. IN TERMS OF THE PREVIOUS APPROVAL, I ALSO UNDERSTAND THAT EVEN THE REPLACEMENTS FOR 130-FOOT LONG FENCE. IT WAS ORIGINALLY 75.

IT'S NOT A REPLACEMENT OF THE FENCE.

AND IT'S NOT TRANSFERABLE. WE KNOW THAT.

YOU KNOW THIS IS IN VIOLATION OF REGULATION SECTION 8-N. IT'S A CONTENTIOUS ISSUE.

THE RECENT MEETING I KNOW THERE ARE OTHER 6-FOOT FENCES IN THE COMMUNITY WHERE THEY HAVE A LOT OF REASONS WHY THEY MIGHT WANT TO SIX-FOOT FENCE WHETHER IT BE A TRAINED GUARD DOG AND I'VE HAD MASTIFFS LIVING NEXT TO ME. WHICH ARE VICIOUS GUARD DOGS. HE GUARDED ME WITH HIS LIFE.

MY HUSBAND WAS AFRAID OF IT. THERE COULD BE A LOT OF GUARD DOGS. IN TERMS FOR LIGHTING REGULATIONS IN THE COMMUNITY.

YOU CAN'T HAVE LIGHTS THAT SHINE IN PEOPLE'S YARDS AND HOUSES. IF THEY DO THAT THEY ARE VIOLATION OF ANOTHER ORDINANCE YOU CAN'T SHINE YOUR LIGHTS? SOMEONE'S YARD.

I WOULD SAY THAT'S NOT AN ISSUE WITH THE FENCE HERE.

AND THEN PEOPLE SAY WE'RE NOT SETTING PRECEDENT UNTIL IT GETS A I PROVED AND THEN THE NEXT ONE COMES ALONG.

THEN YOU APPROVE THIS BEFORE.

WE HAVE SEVERAL THAT WE'RE GOING TO HEAR LATER ON TODAY WHERE IN THE DOCUMENT IT SAYS THIS BOARD HAS APPROVED PREVIOUS PROPERTIES. IT'S NICE TO SAY THIS DOESN'T SET A PRESS AGAINST. BEGIN THAT THIS DOES SET A DANGEROUS PRECEDENT WITH FENCING.

IF SOMEONE HAS A GUARD DOG THEY CAN'T CONTROL AND NEIGHBOR ARE AFRAID OF IT. THAT'S A DIFFERENT ISSUE IN MY MIND. I'VE HAD MASTIFFS.

I DIDN'T APPROACH THEM. THEY VIOLATE THE NOISE ORDINANCE, THERE'S ANOTHER NOISE ORDINANCE.

I WOULD JUST SAY THAT I WON'T BE APPROVING THIS.

BASED UPON ALL OF THOSE FACTS BECAUSE I THINK IT DOES OPEN THE FLOODGATES. I KNOW SEVERAL OTHER PEOPLE THAT WOULD LIKE TO HAVE VARIANCE WITH GOOD REASONS.

I FEEL BADLY. I DON'T WANT ANYONE TO BE HARMED BY THIS EITHER. BUT AND IT MAY NOT BE MY PERSONAL OPINION. THE COMMUNITY DID SPEAK IN FERMS OF WHAT THEY THINK FENCE HEIGHTS SHOULD BE.

I WANTED THE BOARD TO KNOW THAT'S MY POSITION.

>> OTHER OPINIONS? >> I WILL EXPRESS MINE.

THE FENCE HAS BEEN THERE FOR 22 YEAR.

WE HAD OTHER FENCES SIX-FEET HIGH.

I DON'T THINK WE SHOULD GO AND TEAR DOWN EVERYBODY'S FENCE. I'M TEMPTED TO APPROVE THE VARIANCE. THAT'S WHERE I STAND.

>> IF SOMEONE PUTS UP THE FENCE AND THEY ARE IN VIOLATION, JUST TO QUESTION WE'RE NOT GOING TO MAKE THEM TEAR IT DOWN ONCE THEY GET IT UP.

>> THIS IS CASE WHERE THE FENCE WAS APPROVED.

IN 2000. AND DUE TO FACT IT WAS DAMAGED OR IT NEEDED TO BE REPLACED.

I THINK IT'S DIFFERENT THAN JUST PUTTING UP 6-FOOT FENCE AND SAYING I GOT MY FENCE UP.

>> I BEG TO DIFFICULTER IT WASN'T DIFFER.

>> IF YOU LOOK AT 2004 IT'S ESSENTIALLY THE SAME FENCE.

>> AGAIN THAT'S WHY WE HAVE VOTES.

>> DO I HEAR A MOTION OR ANY OTHER COMMENTS?

>> I WOULD LIKE TO MAKE A MOTION TO DENY APONTE VEDRA 2022-WISE RESIDENCE FENCE REQUEST FOR ZONING VARIANCE TO SECTION AN OF THE AIN VITRO REGULATION TO ALLOW

[00:35:02]

FOR SIX-FOOT FENCE ALONG THE SOUTHERN PROPERTY BOUNDARY IN LIEU OF THE FOUR FOOT REQUIREMENT BASED ON FOUR

FINDING OF FACT. >> SECOND.

>> ANY OTHER COMMENTS. READY TO VOTE?

>> WE HAVE A TECHNICAL DENIAL.

3-3 TIE. WHICH MEANS THAT THE DENIAL

IS NOT APPROVED. >> THAT MEANS THE MOTION

FAILS. >> YES.

>> THE BOARD CAN ENTERTAIN ANOTHER MOTION.

OR ALLOW THAT TO STAND. I WOULD POINT OUT THAT WITH A TECHNICAL DENIAL YOU DON'T HAVE ANY ADOPTED FINDINGS BY THE BOARD. WITH THAT YOU CAN CHOOSE HOW

TO PROCEED. >> OKAY.

I GUESS SIMPLE QUESTION. IT SURE WOULD BE NICE IF ALL

7 MEMBERS WERE HERE. >> CAN WE DELAY THIS TO

ANOTHER MEETING? >> YOU CAN CONTINUE IT TO

ANOTHER MEETING. >> YES.

>> THAT WOULD REQUIRE A MOTION.

>> DO I HEAR A MOTION? >> OR WE COULD HAVE A MOTION. I WOULD LIKE TO MAKE A MOTION TO APPROVE THE -- I WOULD MAKE A MOTION TO APPROVE PVZVAR2022-2, THE WISE RESIDENCE FENCE.

>> DO WE HAVE A SECOND? >> I WILL SECOND.

>> IF YOU VOTE YES IT'S FOR APPROVAL.

>> I WOULD LIKE TO HEAR A MOTION DELAY TO THE NEXT

MEETING. >> WHAT IS WHAT HAPPENED WHEN WE TECHNICAL DBL OF WHAT THEY CAME TO ASK FOR.

WHAT DOES THAT MEAN CHRISTINE?

>> I KNOW WHAT IT MEANS IN A COMMISSIONER'S MEETING.

>> AND SO THIS BOARD HAS DIFFERENT RULES.

IN ORDER TO PASS A MOTION, AT LEAST FOUR MEMBERS HAVE TO VOTE. WE DON'T HAVE A DECISION EITHER WAY. THAT MOTION DOESN'T REALLY

WORK TO DENY EITHER. >> WE DON'T HAVE A TECHNICAL DENIAL PROVISION IN CASE OF A TIE.

THAT'S ONLY THE COMMISSIONER'S.

WE DON'T FOLLOW THEIR RULES? >> I THOUGHT WE FOLLOWED THE

SAME -- >> NO BECAUSE IN ORDER -- NEED FOUR MOTIONS TO PASS OR MOTION TO DENY OR

APPROVE. >> YOU NEED FOUR VOTES.

YOU DON'T HAVE FOUR VOTES. >> OKAY.

IT'S NOT EXACTLY THE SAME AS THE WORD OF COUNTY

COMMISSIONERS. >> WE HAVE A DIFFERENT SET.

I WOULD LIKE TO GET A COPY OF THOSE I'VE BEEN USING THE COMMISSIONER POLICIES. THIS IS PROVISION THAT'S IN THE SPECIAL ACT THAT CREATED THIS.

>> THANK YOU. >> BEFORE WE GO FORWARD, DOES THE APPLICANT HAVE ANYTHING TO STAY?

>> THANK YOU FOR ALLOWING ME TO SPEAK.

IT'S AN INTERESTING MATTER HERE.

WHERE AS WE'RE SAYING THAT EVERYTHING SHOULD BE JUDGED ON IT'S OWN MERITS AND OWN SPECIFICITY.

BUT YET I THINK ALSO I HEARD CARTE BLANCHE THERE'S OTHERS THAT WANT TO DENY EVERY FENCE THAT MAY BE SIX-FEET HIGH. IN THIS CASE.

I ASKED FOR RECORDS REQUEST FROM THE COUNTY AND THERE WAS NO RECORD THAT COULD BE FOUND.

PAPER RECORD. I GUESS IT'S TOO OLD.

BUT STAFF DOES HAVE OLD E-MAILS AND THEY HAVE FILES.

WE WERE ABLE TO PIECE TOGETHER SOMETHING.

HAD THIS BEEN GIVEN TRANSFERABILITY WE WOULDN'T BE IN THIS POSITION. IT'S UNFORTUNATE THAT ALL OF THE STORMS AND HURRICANES WE HAD DURING THE CONSTRUCTION OF THE HOUSE YOU KNOW, LED TO FENCE BEING RENOVATED AND FIXED WHICH HAD NICE FRESH FENCE PANELS ON IT.

BUT HAD TRANSFERABILITY BEEN GRANTED, I DON'T THINK WE WOULD BE HERE TODAY. I REALLY DON'T.

I THINK THAT'S -- ASK HIM AND PLEAD WITH THE BOARD I THINK THAT'S REALLY JUST THIS CASE.

THIS FENCE HAS LIVED IN HARMONY.

IF WE TAKE IT DOWN. WE'RE GOING WITH NOT ONLY THE REQUEST OF THE APPLICANT BUT THE REQUEST OF THE PARTY

[00:40:03]

ON THE OTHER SIDE OF THE FENCE.

THEY WANT THIS FENCE REMAINING.

AND SO I'M HERE TO PLEAD WITH YOU.

WHY WOULD YOU TAKE IT DOWN WHEN BOTH PARTIES WANT IT AND IT LIVES IN HARMONY IN COEXISTENCE OF THE SITUATION AND AS-BUILT CONDITION RIGHT NOW.

WE'RE NOT TRYING TO PUT UP MORE FENCE THAN TO PROTECT WHAT'S NECESSARY. IT'S DOCUMENTED BACK FROM 2004 AERIALS THAT FENCE IS 130-FEET LONG BY UP TO NO MORE THAN 6-FOOT HIGH IN SOME AREAS YOU CAN SEE CLEARLY ON THE AERIAL HERE THE OVERALL INTENT IS TO MEET THE CODE BACK TO FOUR FEET.

ENOUGH TO PROTECT THE INTEREST.

I AGREE WITH YOU WITH LIGHTING.

I'M NOT HERE TO TURN ANYBODY ELSE.

LIGHTING COULD BE REPORTED THROUGH ANOTHER COMPLAINT.

NEIGHBOR TO NEIGHBOR WHY DO THAT WHEN YOU HAVE FENCE THAT'S SERVING THAT PURPOSE. IF THEY NEED LIGHTING AND DOGS. THAT'S THEIR RIGHT.

THEY CAN BARK AT MY ALL DAY LONG WHEN I'M ON THE BEACH.

>> THAT'S THEIR RIGHT. REALITY OF IS THAT'S IS IN HARMONY WITH AS-BUILT CONDITION SINCE 2004 WE BELIEVE PER THE 2000 APPROVAL.

HAD IT GIVEN OR COUNTY COUNT FIND DOCUMENT ALLOWING TRANSFERSABILITY WE WOULD NOT BE HERE TALKING TODAY.

I ASK AND PLEAD WITH YOU TO RECONSIDER.

>> I JUST LIKE TO MAKE ONE COUPLE OF POINTS.

IS THE THAT THE FENCE DOES JUST GO ALONG THE LENGTH OF THE HOUSE. IT EXTENDS IN THE WESTERLY DIRECTION. I CAN'T TELL HOW MANY FEET FROM THIS DRAWING. IT EXTENDS TO THE LENGTH OF THE HOUSE TO THE SOUTH AS OPPOSED TO THE SOUTH TO THE NORTH. AND SIMILARLY, IT EXTENDS IN EASTERLY DIRECTION NOT JUST -- YOU'RE CORRECT.

>> DOESN'T END. IT'S LIKE YOU'RE TELLING -- YOU'RE TALKING ABOUT IT MATCHING THE LENGTH OF THE HOUSE AND IT'S ACTUALLY MUCH LONGER.

LONGER THAN THAT ORIGINAL LIKE 75 FEET.

IT'S ALMOST DOUBLED IN LENGTH FROM THE ORIGINAL

ONE. >> AND MY CLIENT INHERITED THE FENCE. AND WHAT WE HAVE HERE I DESCRIBED BEFORE. THERE'S A GATE TO THE SIDE YARD ON THIS PROPERTY RIGHT WHERE THE POINTER IS.

AND THAT IS ESSENTIALLY WHERE THE HUMAN SCALE IS RIGHT UP TO THE PROPERTY LINE.

WHETHER IT'S PARKED CAR OR PATHWAY INTO THE YARD.

THAT'S WHERE THE DOGS HAVE A GIG THEY CAN'T GET OUT FRONT. THAT RISK IS KIND OF DE MIMIMUS WITH THE FOUR-FOOT WALL AND THE REALLY HEAVY FENCE LINE THERE. IT'S NOT THE CASE WHEN THERE'S MORE HUMAN SCALE ACTIVITY WHERE THE FENCE IS LOCATED. WHEN I SAY THE ENVELOPE OF THE HOUSE IF YOU LOOK WHERE THE POINTER IS, THE ACTUAL GARAGE THE WHOLE ENVELOP OF THIS.

THE HUMAN SCALE WHERE DO THE RESIDENTS INTERACT WITH THE PROPERTY LINE AND THAT FENCE.

THAT'S ALONG THIS AREA. YOU PARK CAR HERE.

YOU WALK UP AND COME ALONG THE SIDE OF THE FENCE OF THE HOUSE. YOU'RE RECOMMENDING DENIAL TO TAKE DOWN FENCE BOTH PROPERTY OWNER PUT ON RECORD THEY WANT. IF THAT IS SPECIFICITY AND CRITERIA AT HAND YOU CHARGED WITH REVIEWING.

THEN YOU CAN'T SAY THAT THE PRECEDENT YOU WANT TO SAY TO DENY EVERY SIX-FOOT FENCE. I'M OFFERING YOU ALL THE FACTS. I'M GLAD YOU MENTIONED.

BUT THE FACTS ARE HERE. REAR ASKING FOR IT AND SO ARE THE NEIGHBORHOODS. WE ASK HAD TRANSFERSABILITY GRANTED WE WOULDN'T BE HERE TODAY.

I'M SORRY THERE WERE FOUR HURRICANES THAT CAME LIEU.

FROM 2016 TO 2018. THEY ARE ALSO ALLOWED TO REBUILD THEIR FENCE. I'M SORRY.

IT'S A HARD-LINE. I DON'T WANT SIX-FOOT FENCES AROUND THE COMMUNITY EITHER. I'VE WORKED MY TAIL OFF TO REPR REPRESENT APONTE VEDRA.

THIS POINT I THINK IT'S JUSTIFIED.

I ASK YOU TO RECONSIDER. >> THE FENCE IS IT GOES PAST THE HOUSE TOWARD DROPS DOWN ABOUT FIVE FEET.

>> IT DOES. ABSOLUTELY.

I'VE GOTTEN A MEASUREMENT. I'VE GOT TAPE AND PROVIDED THAT PICTURES I'VE GOT A MEASUREMENT TAPE.

DOESN'T GO TO SIX FEET. SIX FEET ALONG THE ENVELOPE OF THE HOUSE THEN DROPS DOWN TO 54 INCHES THEN DOWN TO 48 AND THEN PROGRESSIVELY. SIX -- THAT'S NOT THE REQUEST. THE REQUEST AS BUILT CONDITION AS WE SEE HERE TODAY.

>> BRAD, DO YOU HAVE DIMENSIONS FROM THE OTHER SIDE? FROM THE WALKWAY ON THE OTHER SIDE OF THE TOP OF THE FENCE?

>> DOGS CAN GET UP ON TOP OF THAT, THAT MASONRY WALL.

[00:45:02]

MAXIMUM 6-FOOT FENCE RIGHT IN THIS AREA ALONG THE ENVELOPE OF THE HOUSE. YOU CAN SEE THERE'S -- THERE'S NO DIFFERENT IN ELEVATION RIGHT HERE ON THE GROUND. BUT THIS FENCE DROPS DOWN THERE. WHEN YOU SAY SIX FOOT AT THE ENVELOPE OF THE HOUSE. THAT'S WHAT WE ARE SHOWING.

IT ALL DROPS DOWN. BUT YOU DRIVE DOWN THE STREET. THERE IS NO DETRIMENT TO HEALTH SAFETY AND WELFARE IN IMAGE FROM OTHER SIDE.

YOU LOOK FROM BEACH, THERE ISN'T A PRECEDENT THAT COULD BE SET WITH THIS IMAGERY WHEN YOU DRIVE BY TO SAY THAT GUY HAS SIX-FOOT FENCE. I'M COMING IN.

I DARE YOU TO DENY ME. WE'RE ASKING PROPERTY OWNER TO COEXIST THE WAY THEY ARE ASKING.

TO KICK THIS DOWN THE STREET.

WE HAVE WAY MORE MATTERS TO DEAL WITH.

ESPECIALLY NEXT MEETING FOR TECHNICALITY BECAUSE I'M SORRY PLANNING APONTE VEDRA BOARD MEMBER CAN'T MAKE IT.

I ASK YOU TO RECONSIDER IN THIS ONE SPECIFIC REQUEST.

THAT'S WHAT WE ARE CHARGED. NOT PRECEDENT OR SAYING I WILL DO MY OWN MORATORIUM AND VOTE NO ON EVERY

SIX-FOOT FENCE. >> QUESTION FOR JACOB.

WE ARE 90%, 100% SURE THIS WAS NOT TRANSFERABLE TO THE

PROPERTY. >> THANK YOU, MR. CHAIR.

I DON'T HAVE AN ANSWER FOR WHETHER THIS WAS WOULD HAVE BEEN WRITTEN TO BE TRANSFERABILITY.

I HAVEN'T SEEN AN ORDER. DUE TO TIME WE DON'T HAVE ONE TO MY KNOWLEDGE. IT'S HARD FOR ME -- IT VERY WELL COULD HAVE BEEN TRANSFERABLE FOR ALL I KNOW.

ALSO COULD HAVE BEEN THE OPPOSITE.

I DON'T HAVE THAT ANSWER FOR YOU.

>> FOR 18 YEARS NO ONE HAS COMPLAINED ABOUT IT.

YES, SIR. >> IT'S FAIRLY CONSISTENT WITH YOUR EARLIER QUESTION REGARDING THE PRIDE COMPLAINT. WOULD THERE HAVE BEEN A PRIDE COMPLAINT IF THE FENCE HASN'T BEEN REPLACED.

IT CERTAINLY SEEMS LIKE THAT WAS THE IMPOTUS FOR SOMEONE TO SAY THEY ARE PUTTING UP A NEW FENCE DESPITE THE FACT THAT THAT WE HAVE EVIDENCE THAT THE FENCE HAS BEEN IN PLACE FOR APPROXIMATELY 20 YEARS.

NEXT QUESTION, SINCE THIS IS NOT WE HAVEN'T APPROVED DENIAL OR APPROVAL. THERE'S CURRENTLY A PRIDE COMPLAINT. ARE THERE FINES ASSESSED TO

THE HOMEOWNER? >> AS WE ARE RIGHT NOW, THE HOMEOWNER IN THE PROCESS OF TRYING TO COMPLY.

THIS IS PART OF THAT PROCESS.

AND SO I DON'T BELIEVE TO MY KNOWLEDGE THAT THEY ARE UNDER ANY FINES AT THE MOMENT.

>> IF THIS GET DELAYED FOR A MONTH OR TWO MONTHS, THERE WOULD BE NO POSSIBILITY FOR FINES TO BE ASSESSED.

>> THAT'S CORRECT. IT'S STILL IN PROCESS WITH THEM TRYING TO ADDRESS THE PRIDE COMPLAINT.

>> LIKE TO TURN BACK TO THE BOARD.

I THINK BECAUSE WE'RE AT THE IMPASSE AS FAR AS THE BOARD VOTING. TO ME THE NEXT STEP WOULD BE SOME TYPE OF COMPROMISE THAT MAYBE WE COULD GET AT LEAST FOUR PEOPLE ON THE BOARD TO VOTE FOR.

AND I WON'T MAKE A MOTION BUT I WILL MAKE A PROPOSAL THAT WE THINK ABOUT MODIFYING THOSE TOP TWO FEET AND THAT'S WHAT I SAID BEFORE.

IS WE DON'T HAVE A SOLID STRUCTURE GOING UP SIX FEET.

WE HAVE SOLID STRUCTURE UP TO FOUR FEET.

AND THEN WE ADD TWO FEET OF SOMETHING NOT SO OBTRUSIVE.

BUT LIKE LATTICE OR I'VE SEEN WOODEN FENCES.

>> OR WOODEN PICKETS. >> OR MAYBE WOOD PICKETS.

THEY ARE THICKER THAN YOU WOULD GET OUT OF AN IRON RAIL. THAT'S WHAT IF ANYBODY IS INTERESTED IN THAT, I WOULD LIKE TO SUGGEST OR I CAN

MAKE A MOTION TO >> OKAY.

BRAD? >>

[INAUDIBLE] >> THE HEIGHT OF THE FENCE.

[00:50:02]

>> PERFECT. THANK YOU.

>> GREAT. >> I TOOK MEASUREMENTS OF THE FENCE. ALONG THE ENVELOPE OF THE HOUSE, THE HEIGHT OF THE FENCE GOES UP TO SAYS 70 INCHES. TWO INCHES SHY OF SIX FEET.

THAT'S THE HIGHEST THE FENCE GOES.

IF THAT'S THE ONLY ENVELOPE OF THE HOUSE.

I WILL PUT THIS UP. THIS DEPICTION HERE -- THAT'S THE SCALE RIGHT THERE.

69 AND A HALF INCHES TO THE TOP OF THAT WHERE THE FENCE RISES UP AND GOES BACK DOWN ANOTHER FIVE TO SIX INCHES AND AGAIN PROGRESSES DOWN. THE ENVELOPE OF THE HOUSE ISN'T UP TO 6 FOOT. FOR SEMANTICS FOR THIS CASE INSTEAD OF PUTTING EVERY SINGLE INCH ON AN AS-BUILT CONDITION. I SAID UP TO 6 FEET.

AND BECAUSE WE JUST WANT THE EXISTING CONTINUES TO REMAIN. AND I CAN PRESENT THESE FOR THE FINDING OF FACT. PRESENT THESE ON THE RECORD SO WE CAN SAY AS PER THE EXHIBIT THE EXHIBIT SHALL NOT GO HIGHER THAN THAT. AND BECAUSE I DID THE DUE DILIGENCE. I KNOW THE RULE TO EXTERIOR SIDE OF THE FENCE. I PROMISE YOU SPIRIT AND INTENT WOULD HAVE BEEN MET. THERE'S ALL SORT OF DEBRIS.

IT WOULD HAVE BEEN A LOT SHORTER TOWARD THE

MEASUREMENT. >> IN TERMS OF WHAT RICH WAS PROPOSING, ARE YOU SAYING THAT YOU AREN'T INTERESTED

IN THAT AS PROPOSAL? >> THANK YOU.

>> MODIFYING TO TOP? >> WHAT I'M SAYING WE ACTUALLY -- THE TOP IS ACTUALLY MODIFIED.

AND IT'S HARD TO SEE. IT'S ACTUALLY MODIFIES THAT IT IS YOU CAN SEE THROUGH IT LIKE EITHER AS WITH THE L LATICE OR RAILING. ALL THE HEIGHT ABOVE 48 INCHES I WOULD HAVE YOU KNOW THE ABILITY TO SEE THROUGH.

>> THAT'S SOMETHING WHERE HE WAS TALKING ABOUT COMPROMISE. WE NEED TO KNOW IF YOU CLIENT WOULD BE WILLING TO DO.

WE HAVE A LOT OF TOUGH ON THE AGENDA.

GO BACK TO YOUR CLIENT. TALK TO HIM ABOUT THAT AS AN OPTION. THEN RETURN.

>> YOU'RE SAYING CUT DOWN THE FENCE TO 48 INCHES HIGH ALL THE WAY. AND THEN PUT UP ANOTHER

FENCE ON TOP OF THAT -- >> LATICE.

>> WHATEVER MATERIAL. >> WITH ALL DUE RESPECT.

WHAT POINT WOULD THAT SERVE. MORE LIGHT AND MORE AIR IN.

DOESN'T THAT COUNTER THE WHOLE NARRATIVE.

>> THAT WOULD SHOW THAT AN EFFORT WAS MADE TO HAVE A WIN WIN. WHERE THE BOARD THOUGHT THAT COULD BE WORKED WITH THE REST OF THE COMMUNITY WHEN THEY COME IN ASKING FOR SIX-FOOT FENCES AND IT WOULD WIN FOR YOU, BECAUSE YOU GOT TO KEEP THE SIX-FOOT FENCE, BECAUSE WE'RE NOT LOOKING AT --

>> IT'S FAIRLY ATTRACTIVE FENCE AND DESIGNING IT

FROM -- >> JUST A QUESTION.

THE OPPOSITE QUESTION IS SINCE WE'RE IN STALEMATE HERE, CAN THIS JUST GO TO BOARD OF COUNTY

COMMISSIONERS? >> I WOULD DEFER TO COUNTY

ATTORNEY. >> I DON'T THINK YOU HAVE A TECHNICAL DENIAL IN THIS CASE.

THIS -- THIS BODY MAKES THE DECISION ON THE ITEM.

UNLESS YOU THAT'S WHY I WAS ASKING THE QUESTION.

>> I DON'T THINK IT'S AN OPTION THAT'S AVAILABLE.

BECAUSE OF THE VOTING REQUIREMENTS.

>> I WOULD LIKE TO -- IF I MAY -- I WOULD LIKE TO READ THIS INTO THE RECORD. SINCE WE HAVE MATTER OF STALEMATE. I NEED O GET SOME THINGS ON THE RECORD. CONSIDERING THERE MIGHT WITH CHALLENGES. THIS THE NEIGHBORING PROPERTY OWNERS. WE REVERSE OUR OBJECTION CONCERNING THE FENCE ON THE SOUTHERN BORDER THAT JOINS OUR PROPERTIES. THE EXISTING FENCE HAS BEEN THERE FOR DECADES. WE SEE NO REASON TO REMOVE IT. OR MAKE IT SHORTER.

WE FEEL IT IS IN GOOD BARRIER BETWEEN THE PROPERTIES, AND IT IS SEEN ONLY BY THE PROPERTY OWNERS.

SINCE IT IS ON THE SIDE OF THE HOMES.

THAT'S FROM THE NEIGHBORING PROPERTY OWNER.

AND YOU KNOW PART OF THE JOB IS TO BUILT CONSENSUS WITH AN APPLICATION ON HAND. AND THAT WAS DONE.

THATS DONE KNOWING THEY THOUGHT WE WERE INCREASING THE FENCE HEIGHT MORE. THAT'S NOT THE CASE.

LEAVE IT AS IS. THEY SET SOMETHING ON THE

[00:55:01]

RECORD. THEY ARE ASKING FOR IT TO STAY THE SAME. IF WE CUT THIS DOWN AND PUT UP LATTICE OR ROAD IRON OR ALUMINUM FENCE.

IT'S THE ONLY OTHER PARTY QUOTE EFFECTED BY THIS FENCE. I JUST WANTED TO FURTHER YOUR REQUEST, CAN YOU CUT I DOWN SOME.

IT'S CUT DOWN. IT'S STEPPING DOWN ALL THE

WAY BACK DOWN TO FOUR FEET. >> AS THE LAND COMES DOWN.

>> BUT I THINK PUTTING SOME -- I THINK IT'S COUNTER NARRATIVE TO PROVIDING OMAKE SCREEN FROM WHAT IS THERE

NOW. >> I TOTALLY UNDERSTAND.

TWO PROPERTY OWNERS IN AGREEMENT.

IF YOU TAKE YOURSELF ALL WAY DOWN APONTE VEDRA BELOVED AS AN EXAMPLE. YOU DON'T THINK THERE WILL BE TWO-PARTY PROPERTIES. YOU WILL HAVE AN AGREEMENT BETWEEN TWO PEOPLE. BECAUSE THEY TRYING TO GET THE SAME EFFECT. THAT ARGUMENT OF YOURS -- THAT LAST STATEMENT HAS REALLY NO WEIGHT TO IT BECAUSE IT ONLY TAKES TWO PEOPLE TO WANT TO DO A VARIANCE TO SOMETHING THAT WE DON'T REALLY WANT TO SEE DEVELOP DOWN THROUGH THE COMMUNITY.

>> OKAY. THE DIFFERENCE HERE THAT

THEY LIVED IT FOR 22 YEARS. >> YES.

>> BUT NOW WE HAD THIS MEETING THAT THE COMMUNITY SHOWED THAT ONLY -- 1% MAYBE.5% ARE OKAY WITH TEN-FOOT FENCES. IS THAT AN OFFICIAL DOCUMENT? AN OFFICIAL VOTE?

>> THANK YOU. >> YOUR QUESTION?

>> YOU KNOW FROM WHAT I UNDERSTAND, BRAD, THE REAL CRUX OF IT IS A SAFETY ISSUE.

IN MY MIND. ABOUT THE GUARD DOGS NEXT DOOR. IT WOULD BE WILLING TO CHANGE MY VOTE IF THERE WERE FOUR-FOOT FENCE AND THEN A SAFETY MEASURE ON TOP OF THAT FENCE WHILE THOSE DOGS WERE PRESENT. TO ME THAT PROVIDES A SAFETY MEASURE FOR HOMEOWNER. THAT WOULD BE ALMOST IN COMPLIANCE WITH THE REGULATION HAVING FOUR-FOOT FENCE AND I THINK THE SAFETY MEASURE ON TOP WOULDN'T BE A SOLID FENCE. IT WOULD BE SOMETHING THAT YOU COULD SEE THROUGH, GIVEN WHAT OUR REGULAR -- THE INTENT OF THE REGULATIONS IN THE COMMUNITY IS NOT TO HAVE HIGH FENCES UP THAT YOU CAN'T SEE OVER BUT TO USE VEGETATION TO USE LOWER FENCES FOR SAFETY REASON.

IF DOGS CAN GET OVER A FOUR-FOOT FENCE TO PUT SOMETHING ABOVE THAT FOR SAFETY MEASURES AND I WOULD ENTERTAIN IT AND CHANGE MY VOTE SHOULD THE REQUIREMENT BE THERE ARE GUARD DOGS NEXT TO THE PROPERTY.

BECAUSE IN MY MIND, THAT IS -- THAT'S WHAT I WOULD TRY RESOLVE HERE. IS THE SAFETY ISSUE FOR THE COMMUNITY AND FOR THOSE NEIGHBORS.

>> THANK YOU, MR. CHAIR. >> I BELIEVE THIS THE SAFEST APPROACH. IT REALLY IS.

YOU PUT SOMETHING FINGERS CAN GET THROUGH OR SOMETHING ELSE. IT'S COUNTER INTUITIVE TO WHAT HAS EXISTED SINCE 2000 FOR THE ORIGINAL APPROVAL.

YOU KNOW IT'S UNFORTUNATE WE COULDN'T FIND THE ORIGINAL ADOPTED ORDER THAT HAD THE SPECIFIC CONDITIONS THAT WERE SEEN THROUGH. WHAT SAID TO ME IN E-MAIL, GENERALLY, FENCES ARE NOT TRANSFERABLE.

THAT WAS A GENERALLY. THIS CONCEIVABLY COULD HAVE BEEN TRANSFERABLE. WE DON'T KNOW THAT.

WE'RE JUST ASKING IN ALL THE MERITS OF THE CASE.

HEIR ON THE SIDE THIS COULD HAVE BEEN TRANSFERABLE.

AND BUT I RESPECT ALL OF YOUR OPINIONS.

I DO. ALL OF YOU.

YOU HAVE A ROLE AND YOU'RE CHARGED.

I'M ALSO GLAD YOU TALK ABOUT HAND VOTE OF SOMETHING THAT TOOK PLACE GOING TO NEIGHBOR DOWN THE STREET FOR ANOTHER MATTER. BECAUSE WE'RE NOT HERE ANOTHER THAT MATTER. WE'RE HERE ON THIS MATTER.

WE'RE DOING SOMETHING THAT'S COUNTER INTUITIVE AS TO WHAT THE OTHER PARTY AGREED TO. NEVERTHELESS, I'M ASKING THE BOARD WHERE DO WE GO FROM HERE? TECHNICALITY BECAUSE THE MEMBER IS NOT HERE.

MAYBE JUST VOTE ME DOWN AND I WILL GO TO COUNTY COMMISSION. I'M NOT SURE WHAT TO DO.

I DON'T THINK A LATTICE OR OPAQUE THING THAT YOU CAN PUT FINGERS THROUGH IS IN CONCERT WITH WHAT HAS BEEN

HERE'S SINCE 2000. >> OUR TWO OPTIONS ARE TO DELAY IT UNTIL WE HAVE 7 BOARD MEMBERS, WHICH YOU NEVER CAN TELL WHEN THAT WILL HAPPEN.

>> I KNOW AIM NOT HERE IN JUNE DELAY UNTIL THAT.

[01:00:02]

OR TO DENY IT AND LET YOU GO TO COUNTY COMMISSIONERS.

>> AGAIN, WITH ALL DUE RESPECT.

I DON'T WANT TO POST CHER UP AND SAY DENY ME.

SEND ME TO COUNTY COMMISSIONER.

THAT'S NOT THE DUE PROCESS. YOU'RE OPINIONS MATTER AND THEY MATTER TO ME TOO. WE'RE AT STALEMATE.

[2. PVZVAR 2022-5 LAL Residence Driveway. Request for a zoning variance to PVZDR VIII.I.2.d to exceed the 4 feet of allowable fill, and a request for a zoning variance to PVZDR VIII.N.2 to allow for retaining walls closer than the minimum 40 foot separation and exceeding the 4 foot maximum height requirement. The subject property is located at 1329 Ponte Vedra Boulevard]

BUT WITH ALL DUE RESPECT I WILL TAKE THE MAY DOCKET AND HAVE HOPEFULLY 7TH MEMBER HERE.

>> I WOULD LIKE TO HEAR A MOTION TO DELAY TO MAY

DOCKET. >> MAY MEETING.

>> I WILL SECOND THAT. >> OKAY.

VOTE. DELAYED UNTIL THE MAY MEETING. LET'S PROCEED WITH ITEM NO.

2. PVZVAR2022-5.

THE LAL RESIDENCE DRIVEWAY. AT 1329 PONTE VEDRA BOULEVARD. PLEASE STATE YOUR NAME AND

ADDRESS FOR THE RECORD. >> BRAD WESTER.

ONE INDEPENDENT DRIVE. THIS LAL.

>> I HAVE TO ASK IF ANYONE HAS TALKED AND VISITED THE

SITE. >> I HAVE DRIVEN BY THE SITE TODAY AND HAVE NOT TALKED TO ANYONE.

>> I HAVE NOT VISITED THE SITE.

MEGAN PROVIDED SOME ADDITIONAL INFORMATION TO US ON KIND OF MORE VISUALS OF THE PROPERTY AND SOME DOCUMENTS THAT HAD BEEN FILED I THINK THEY WERE BEVERLY FRAZIERS. THEY WERE BEVERLY FRAZIER'S DOCUMENTS GREAT WHEN THE HOUSE WAS BEING BUILT.

THAT WAS ADDITIONAL INFORMATION THAT I GOT FROM MEGAN. I VISITED THE SITE.

IT DID SOME RESEARCH REGARDING THE BUILDING PROCESS AND THE HISTORY OF THE BUILDING PROCESS BECAUSE I REALIZED THAT THE BUILDING STARTED PRIOR TO THE CURRENT OWNERS. AND WHAT HAD TRANSPIRED IN THE NORMAL PLANNING PROCESS WITH RESPECT TO THE DRIVEWAY AND WHERE THE BUILDING WAS SITUATED.

>> I SPENT PROBABLY TEN MINUTES WALKING AROUND THE SITE GETTING MY SHOES DIRTY AND TOOK A BUNCH OF PICTURE.

>> I'M NOT FAMILIAR WITH THE PROPERTY AND I HAVEN'T

SPOKEN WITH ANYONE IN >> I AM FAMILIAR WITH THE PROPERTY BUT I HAVEN'T SPOKEN WITH ANYONE.

>> PLEASE PROCEED. >> OKAY.

THANK YOU. >> LAL IS LAL.

>> EXCEED FOUR FEET OF ALLOWABLE FILL AND REQUEST ZONING VAR YANSZ FOR RETAINING WALLS OVER FOUR-FEET HIGH AND CLOSER PROXIMITY TO 4-FOOT MAXIMUM.

TO CREATE A SAFE INGRESS, EGRESS ANGLE TO THE NEW HOME. HERE'S THE PROPERTY.

AERIAL DEPICTION. HERE'S THE PROPERTY WITH TOPPO ON THE OUR LIKES. THIS SPLITS THE PROPERTY IN HALF. THIS IS THE SURVEY.

YOU TYPICALLY HAVE THE SURVEY.

YOU CAN SEE THE OLD DRIVEWAY GOING UP THE GRADE HERE.

VERY, VERY STEEP GRADE. IF YOU'VE BEEN OUT THERE OR DRIVEN BY YOU CAN SEE IT'S A STEEP GRADE UP THE HILL.

WE'RE NOT ASKING FOR VARIANCE FOR THE COASTAL CONSTRUCTION CONTROL LINE SET BACK OR ANYTHING LIKE THAT. YOU CAN SEE THE EXISTING AS BUILT SURVEY WITH THIS. AND THE CONTOUR LINES.

ESSENTIALLY YOU GOT PLATEAU WHERE YOU PUT THE HOUSE AS IT IS CURRENTLY ARRANGED. HERE'S A DRONE SHOT.

THE CURRENT HOME UNDER CONSTRUCTION AND YOU CAN SEE THE TOPO WE DISCUSSED. I DOVETAILS IN AND DOWN TO A1A. THIS IS -- I WILL RUN THROUGH THIS AND COME BACK TO THIS.

THIS IS PLAN VIEW OF THE DRIVEWAY ITSELF.

INSTEAD OF HAVING DRIVEWAY THAT GOES STRAIGHT UP THE TOPO LINES YOU ESSENTIALLY HAVE A SWITCH BACK. SWITCH BACK DRIVEWAY.

YOU COME INTO THE PROPERTY AND YOU KIND OF CURVE BACK AROUND AND THEN A COUPLE OF LANDING SPOTS OUTSIDE OF EITHER GARAGE. I WILL GO BACK TO DESCRIBE

[01:05:04]

WHAT THIS IS. THE NEXT THREE IMAGES ARE PROFILE SECTION. SECTION AA, SECTION, BB.

THAT'S A PERMIT. SECTION CC.

WE HAVE PROFILE SEGMENTS THAT SHOW THE FILL INTO THE TOPPO GRAPHICS AREAS. HERE'S AA.

HERE'S THE GATE INTO THE PROPERTY.

A1A IS HERE. YOU PULL IN AND YOU CONTINUE SOUTH AND THEN BEND BACK AROUND AND COME BACK TO THE PROPERTY. THIS SECTION BB.

MORE CENTURY LOCATED RIGHT IN THE CENTER OF THE PROPERTY. YOU COME UP THE DRIVEWAY.

YOU CAN SEE THE FILL HERE KIND OF FILLING IN THIS TOPO RIDGE AS THE DRIVEWAY PINS BACK AROUND AND APPROACHES THE GARAGES. THEN AGAIN CC.

SAME THING ON THE PROFILE SECTION.

THIS REQUEST HAS NO CONFLICT NUISANCE TO HEALTH SAFETY AND WELFARE OF THE ENVIRONMENT.

AS YOU IMAGINE IT'S REALLY I WILL GO BACK TO DRIVEWAY SLIDE. AS YOU CAN IMAGINE, YOU KNOW WE GOT THE TOPO CONTOURS ON HERE.

SOME OF THESE GRADES STAY -- THEY ROUGHLY FROM 8% TO 12 AND THEN BACK UP AND AROUND.

BUT WHAT THIS DOES PROVIDE LIKE A LANDING AREA AS YOU COME OUT OF THE DRIVEWAYS. INSTEAD OF ZIPPING STRAIGHT DOWN TO A1A. ALLOWS YOU TO TRAVERSE THIS.

AND IF ANYONE KNOWS TRAFFIC THAT'S WHAT TRAFFIC CALMING DOES AS WELL. PUTS A LITTLE BIT OF CURVATURE INTO THE ROADWAY. AND A LITTLE BIT MORE SAFELY TRAVERSE THAT. AS I WILL CALL IT MORE OF SWITCH BACK AS WE KNOW OF MOUNTAINS.

YOU DON'T DRIVE STRAIGHT. THE FILL AMOUNT WE'RE ASKING RELATED TO THE RETAINING WALLS.

I WILL PUT AN IMAGE ON THE SCREEN WHICH I'VE HIGHLIGHTED THE WALL. THAT'S THE IMAGE HIGHLIGHTING THE RETAINING WALLINGS.

FOR THE DRIVEWAY. AS YOU PULL IN HERE, WE HAVE RETAINING WALL HERE. BECAUSE IT CUTS THROUGH THE TOPO LINE TO HOLD BACK THE PROPERTY.

RETAINING WALLS HERE AND RETAINING WALLS HERE.

THESE ESSENTIALLY FEED THE DRIVEWAY UP INTO THE HOUSE PAD AND THESE RETAINING WALLS KIND OF ALLOW THE TOPO TO REINFORCE THE HOME PAD AND DRIVEWAY PAD UP HERE.

AND THEN COME DOWN TO THIS LITTLE LANDING AREA.

YOU CAN HAVE PARKING HERE. THIS IS 41-FEET ACROSS HERE.

ROUGHLY 20-FEET IN THIS AREA RIGHT HERE.

THIS THE GATE PULLING INTO THE PROPERTY.

YOU'VE GOT A CURVE HERE FOR STACKING AND CUEING.

SWITCH BACK TO THE HOUSE AND SO FORTH.

AND THEN BECAUSE THESE RETAINING WALLS ARE SOME OF THE WALLS ARE CLOSER THAN 40 FEET IN PROXIMITY TO EACH OTHER. THAT'S THE VARIANCE REQUESTED. THEN BECAUSE OF THE DRIVEWAY FILL IS MORE THAN FOUR FEET. YOU ARE ALLOWED UP TO FOUR FEET. BUT THE DRIVEWAY IS OVER FOUR FEET. WE'VE GOT TO CONTOUR LINES PROGRAMMED INTO THE RECORDS AND EXHIBITS AND DOCUMENTS.

BUT ESSENTIALLY THOSE ARE THE REQUEST THAT WE ARE ASKING FOR. I TURN BACK TO YOU FOR

QUESTIONS AND ANSWERS. >> I ALSO HAVE THE BUILDER HERE FOR ANY QUESTIONS THAT YOU MIGHT NEED THAT I MAY

NOT BE ABLE TO ANSWER. >> ALL THE RETAINING WALLS THAT YOU ARE ASKING FOR SIX-FOOT WALLS.

>> IT'S KIND OF HARD TO SEE ON HERE.

I THINK YOU HAVE THE EXHIBIT AS WELL.

IT SHOWS ON HERE THE RETAIN WALL HEIGHT AS THE TOP OF THE WALL. FOR INSTANCE, SEE WHERE MY POINTER IS THAT'S LISTED 6-FOOT RETAIN.

THREE FEET OF THAT IS RETAINING.

ALL YOU WILL SEE WITH THE EARTH AND TOPO IS THREE FEET OF WALL. IT'S A SIX-FOOT WALL TOTAL.

SOME OF -- IT REALLY VARIES THROUGHOUT THIS.

>> DO YOU HAVE ANY PICTURE'S OF WHAT IT WOULD LOOK LIKE IF YOU WERE DRIVING BY IN THE CAR, IF YOU WERE STANDING THERE, WHAT THAT VIEW IS? IT'S VERY DIFFICULT TO VISUALIZE THE IMPACT FROM A DESIGN. AESTHETIC STANDPOINT WITHOUT SEEING A DRAWING. THE PLANNED DRAWING ARE

JUST -- DON'T DO IT. >> I UNDERSTAND.

WHAT YOU WILL SEE BECAUSE OF THE NATURE OF THE TOPO.

IT GOES UP PAST 30 FEET THE ELEVATION OF THE HOUSE PAD UP THERE. AND SO WHAT YOU WILL SEE IS A SERIES OF STEPPED CONTAINED OF RETAINING

[01:10:01]

WALLS. >> I JUST WANT TO KNOW.

I DON'T HAVE ONE AS AN EXHIBIT.

>> THE OTHER QUESTION I HAVE THE THAT TO ME IT WAS AN INTERESTING TIMING OF WHEN THIS CAME TO US.

THE BUILDING WHEN I DROVE DOWN THERE IS EXPECTING I THOUGHT, WELL, WHY ARE THEY DOING IT SO LATE IN THE PROCESS. WHY DIDN'T THEY DECIDE ABOUT THE RETAINING WALLS WHEN THEY WERE PLACING THE BUILDING ON THE PROPERTY? IT LOOKS TO ME AS IF THEY HAD TO MAKE A CHOICE OF WHERE TO POSITION THE HOUSE.

AND THEY POSITIONED THE HOUSE WHEN YOU LOOK COMPARATIVELY TO THE OTHER HOMES NORTH AND SOUTH.

RELATIVELY CLOSE OR MORE TO THE WEST.

>> SO THE DISTANCE BETWEEN THE ROADWAY AND THE HOUSE IS LESS. SO THAT THE GRADE IS STEEPER. IT LOOKS LIKE 18% GRADE.

IF YOU WOULD DRIVE STRAIGHT FROM THE ROAD UP TO THE LANDING IN FRONT OF THE GARAGES.

I CAN UNDERSTAND WHY THEY MAY WANT TO DO THAT.

BECAUSE THEY WANT TO HAVE THE EXTRA SPACE IN THE BACKYARD FOR VERY LARGE BACKYARD WITH THE POOL.

YOU HAVE LOVE I WILL ENTERTAINING SPACE.

WHAT IT BOILS DOWN FOR ME, PERSONALLY, IS THAT YOU HAVE CHOICES TO MAKE WHEN YOU POSITION A HOUSE AND BUILD IT. YOU CAN EITHER HAVE MORE GRACIOUS FRONT YARD. OR YOU CAN HAVE A LOVELY GIGANTIC BACKYARD. IF YOU CHOOSE THAT BACKYARD, WHICH I COULD UNDERSTAND BECAUSE YOU HAVE ENTERTAINING AND THE OCEAN AND THAT'S GOING TO BE FABULOUS. THEN YOU'LL HAVE TO MAKE SOME SACRIFICES ON THE ROADSIDE AND NOT HAVE ALL THE RETAINING NOT USE ALL THE RETAINING WALLS.

>> YES, MA'AM. >> THAT'S -- IT'S A CHOICE THAT I REALIZE THAT THE CHOICE WAS MADE BY NOT THE CURRENT OWNER, BUT THE PRIOR OWNERS, BUT THE CURRENT OWNERS BOUGHT THE HOUSE KNOWING WHERE ITS POSITIONED AND MUST HAVE HAD SOME SORT OF CONVERSATION ABOUT GEE, HOW WILL WE GET FROM THE ROAD UP TO THE HOUSE?

>> YES, MA'AM. >> AND I CAN ENGINEERING BACKGROUND. I CAN FRAME IT LIKE THIS.

WE'RE GOING TO HAVE A LOT OF LANDSCAPING.

VERY, VERY LEARN. THIS HOUSE IS BUILT TO THE NINES. THERE'S A LOT OF LEARN LANDSCAPING THAT WILL BE ADORNING THE RETAINING WALLS. WHILE THE RETAINING WALL PROVIDE STRUCTURAL SUPPORT FOR THE DRIVEWAY AND THE SWITCH BACK UP THE PROPERTY. IT STILL WILL BE ADDRESSED WITH A LOT OF HIGH-END LANDSCAPING.

YOU WILL SEE A SERIES OF STEPS OCCUPY THE HOUSE WHICH IS THE DRIVEWAY. I WILL SAY THIS.

THIS NEXT HOME. THIS IS ON OUR SURVEY.

THIS IS NEXT HOME THAT'S SOMETHING SIMILAR IF YOU WILL, WITH DRIVEWAY THAT GOES UP BENDS BACK AROUND TO THIS KIND OF STAGING AND CUEING AREA FOR THE HOUSE ITSELF. IT'S VERY WITH ALL OF T THE TOPOGRAPHY VERY, VERY SIMILAR APPROACH WITH THE DRIVEWAY THAT DOESN'T JUST GO STRAIGHT TO THE HOUSE.

IT KIND OF GOES IN AND AROUND AND CURVES BACK UP.

IT WILL BE HEAVILY LANDSCAPED AND LUSHLY LANDSCAPED. WE HAVE A SIX-FOOT WALL FOR CONTINUITY SAKE. WE DO HAVE A FIX-FOOT WALL AROUND THE EDGES AND FOR CONTINUITY SAKE, OUR HARDSCAPE AND LANDSCAPE ARCHITECT DESIGNER, IT BLENDS IN WITH THIS FIX-FOOT WALL.

IT'S ON THE RIDGE. THE WALLS WILL NOT MASK ANYTHING BACK HERE ACCEPT FOR STRUCTURAL SUPPORT FOR THE DRIVEWAY. THIS SIX-FOOT WALL ON EACH PROPERTY SIDE YARD TALKING WITH THE BUILDER AND DISCRETION, WE HAVE AGREED WE DON'T NEED THE SIX-FOOT WALLS. THEY DON'T PROVIDE STRUCTURAL SUPPORT FOR ANYTHING THAT WE'RE AFTER.

WE CAN TAKE THOSE SIX-FOOT WALLS DOWN AND DO A REALLY NICE FENCE ALONG THE PROPERTY LINE.

IT'S VERY PERPENDICULAR TO THE TOPO LINES HERE.

AND JUST PUT THERE TO PROVIDE CONTINUITY WITH THE 6-FOOT WALL OUT HERE TO HELP SUPPORT WITH THE RETAINING WALLS. THREE FOOT OF THE RETAINING WALL. THREE FOOT ABOVE.

IT REALLY ISN'T NEEDED HERE ACCEPT FOR STEPPING UP AND MEETING THE CODE REQUIREMENT FOR THAT WALL AND OR FENCE.

IT SHOWS SIX-FOOT ON THE PLANS.

WE'RE WILLING TO MODIFY THAT BACK DOWN.

THAT'S NOT NEEDED. EVERYTHING IN THIS AREA IS NEEDED. IS REALLY FOR TO PROVIDE

[01:15:01]

STRUCTURAL EARTH AND SUPPORT IN AND AROUND UP TO THE HOUSE. INCLUDING HERE.

WHERE THERE'S AN OUT HOUSE HERE ATTACHED AND WE GOT THE STRUCTURAL SUPPORT UP HERE SO YOU CAN IMAGINE THIS IS BUILT IN. THIS IS BUILT IN.

AND THE DRIVEWAY UP HERE. THAT'S REALLY STRUCTURAL SUPPORT. I THINK MEGAN YOU MENTIONED 18%. THAT'S A PRETTY SIGNIFICANT GRADE. ANYBODY MORE THAN 8% IS STEEP. CODE CONSIDERING.

IT REALLY. 18% IS REALLY STEEP.

EVEN WITH THE DRIVEWAYS, WE'VE O WE'RE DOWN BETWEEN 8 TO 12% GOING UP. WE STILL THINK IT'S STEEP.

OUR REQUEST DRIVEWAY FILL. THIS ISN'T HOUSE FILL.

JUST DRIVEWAY FILL MORE THAN FOUR FEET AND THEN RETAINING WALLS. AND WITHIN 40 FEET OF EACH OTHER AND RETAINING WALLS OVER FOUR-FEET IN HEIGHT ON THE PROPERTY. THAT'S OUR REQUEST.

WE WENT THROUGH A LOT OF LANDSCAPE AND HARD SCHEMATICS AND DESIGN. THERE WAS A DELAY.

IT SEEMS LIKE AFTER THE FACT.

BUT IN REALITY OF IT, IT IS. OUR REQUEST IS AS SUCH.

THAT IS CONCERT AND CHARACTER OF THE PROPERTIES IN THE AREA. I GOT TWO OR THREE OTHER HOMES THAT SHOW SIMILAR SWISH BACK APPROACH.

THEY DIDN'T NEED VARIANCE. WE'RE NOT ASKING FOR PRECEDENT. THAT'S OUR SURVEYIANT

REQUEST. >> JANE, QUESTION?

>> I LIKE MEGAN. I WAS CONFUSED WHAT YOU WERE ASKING. I DO ENTITY HAVE THE TECHNICAL BACKGROUND. MAYBE YOU CAN EXPLAIN TO ME.

WHEN YOU SAY IT'S THREE FEET OF RETAINING WALL AND THEN THREE FEET ON TOP. WHAT WILL YOU SEE.

IS THERE SOMETHING UNDER THE GROUND AND SOMETHING ABOVE THE GROUND. WHAT WILL YOU IS SEE ABOVE THE GROUND. THERE'S DIMENSIONS ON HERE FROM LANDSCAPE ARCHITECTURE. THERE'S STOP OF WALL.

INSIDE WALL AND OUTSIDE WALL.

>> JUST POINT TO IT. AND INSTRUCT ME THAT WALL ALONG THE ROAD. WHAT -- WILL I SEE SIX FOOT

WALL. >> YOU WON'T BECAUSE THERE'S

LANDSCAPING. >> BUT IT WILL BE THREE FEET BACK HERE. AND SIX FEET HERE.

>> I WILL SEE A SIX-FOOT WALL ABOVE THE GROUND.

>> SURROUNDING THIS HOUSE. THROUGH THE LANDING ESCAPING. THE DIFFERENCE IS THE INSIDE OF THAT WALL IS THAT 16 AND THE OUTSIDE OF THE WALL IS AT 13.5. THE TOP OF THE WALL AT 19.

THOSE ARE ELEVATIONS. YOU CAN PICTURE SIX FOOT.

THREE FOOTHOLDING BACK THE EARTH.

THEN THE WALL IN FRONT OF IT.

THERE'S GOING TO BE LAND GRADED BACK UP TO NATURAL SLOPING AND LANDSCAPING. WE DON'T NEED A HARD HEDGE ALL THE WAY DOWN TO GROUPED. THERE'S LANDSCAPING FOR THE CODE. THAT IS THAT WALL OUT FRONT.

>> SIX FEET ACROSS? >> ANY OTHER SIX FEET WALLS

THAT ARE ON THE ROAD? >> NO.

NO. >> I DON'T THINK SO.

NOT SIX FEET. >> NO.

I HAVE FRIENDS DID THE SWITCH BACK AS WELL.

IT'S EFFECTY TIVE. I SEE WHY YOU WANT IT.

I SEE YOU NEED RETAINING WALLS LESS THAN 40 FEET APART. THE SIX-FEET GIVES ME HEARTBURN IN TERMS OF DRIVING BY AND THE AESTHETICS OF WHEN OBVIOUSLY THREE FEET NEEDS TO BE RETAINING. 6-FOOT WALL ON THE OUTSIDE.

ON THAT A1A. I WILL BE ADORNED WITH LANDSCAPING. WE CAN STATE ON THE RECORD THERE'S NATURAL SLOPE BACK UP TO IT.

JUST STRUCTURALLY SIX-FOOT DOWN TO THE GRADE.

BUT THEN THREE FEET BEHIND IT.

THE GRADE CHANGES AGAINST THAT WALL.

>> NOT AS PRECEDENT. THERE'S TWO OR THREE HOUSES ONE IN PARTICULAR THAT HAS SIX-FOOT WALL.

>> ONE OF MY FRIENDS BUILT ONE.

THEY DIDN'T DO SIX FEET. THEY DID THE SWITCH BACK WHICH IS VERY EFFECTIVE FOR THAT GRADE.

>> AND I THINK THE IMPORTANCE OF THIS, IS THE IMPORTANCE OF THIS IS KNOWING HOW HIGH THAT RIDGE IS. AND YOU WILL SEE THE DIFFERENCE IN TOPO AND ELEVATION UP TO THE HOUSE.

IF THIS WERE DIFFERENT AND YOU NEEDED SIX-FEET WALL.

YOU COULDN'T SEE THE SCALE. I COULD SEE THERE'S MAYBE SOME CONCERN VISUALLY THIS WILL TAKE ON A TOTALLY DIFFERENT PRESS AGAINST. YOU WILL SEE THE STEPPED UP APPROACH. IT'S SERVING A PURPOSE FOR A DRIVEWAY SPECIFICALLY AND ONLY TO GET -- MEANDER UP TO THE HOUSE SAFELY AND HAVE RETAINING WALLS ON EITHER SIDE INCLUDING UP TO THE HOUSE WHERE IT SUPPORTS THE DRIVEWAY NEAR THE GARAGE. RICHARD?

>> THANK YOU. >> DO YOU HAVE A ORIGINAL PLANS THAT SUBMITTED TO THE COUNTY?

DO YOU HAVE A COPY OF THAT? >> I DON'T.

[01:20:05]

I CAN REPORT BACK TO YOU ON A SECOND IN THAT.

>> IS THERE ANY OTHER QUESTION THAT I MIGHT ANSWER THAT COULD RELATE TO THAT? THE OTHER PLANS SUBMITTED?

>> OKAY. I COULD ASK ONE OTHER QUESTION. ISN'T THERE A AREA IN AS YOU DRIVE SOUTH ON A1A THAT THE FOUR-FOOT RESTRICTION IS REMOVED? I THOUGHT DOWN AFTER --

>> SAW GRASS. AFTER SAW GRASS.

>> SOUTH OF SAW GRASS. >> YES.

>> IS THERE REALLY ANY ISSUE WITH THE SIX-FOOT FENCE.

ONLY ALONG A-1-A. EVERYTHING ELSE CAN BE SIX

FOOT? >> I WAS GOING TO ASK THE SAME QUESTION. THIS ONE GETS CONFUSING.

MOST CERTAINLY SOUTH OF SAWGRASS DRIVE EAST, FENCES ALONG PONTE VEDRA ARE ALLOWED TO BE SIX-FEET HIGH.

PERIOD. HOWEVER THAT DOESN'T NECESSARILY ADDRESS THE RETAINING WALL HEIGHT WHICH GETS US MORE CONFUSING. THEY ARE LIMITED TO FOUR FEET OF HEIGHT AND 40 FEET OF SEPARATION.

SOME WALLS ON SITE ARE WITHIN THE BUILDING RESTRICTION LINE. WHICH MAKES IT ALL MORE CONFUSING. BECAUSE TYPICALLY WE WOULDN'T HAVE A HEIGHT RESTRICTION ON THINGS INSIDE THE BUILDING RESTRICTION LINE.

THERE'S A LOT GOING ON WITH THAT.

IT'S GENERALLY CONFUSING, WOULD BE MY TAKE ON IT.

>> IF YOU CALLED IT A FENCE, JUST HAPPENED TO BE RETAINING. YOU COULD GET AWAY WITH IT.

>> THAT'S A GREAT POINT. >> IS THAT WHERE YOU ARE

GOING? >> YES, IT'S MY COMBO FENCE.

PART RETAINING AND PART -- >> I HAPPEN TO HAVE THE CLEARANCE SHEET. THAT BEVERLY DEVELOPED IN 2019. SHE SPECIFICALLY TALKS TO THE RETAINING WALLS AND THERE'S ALSO -- THAT'S PART OF THE PLANNING AND ZONING. AND THEN THERE'S ALSO CLEARANCE SHEET THAT HAS TO DO WITH TREES THAT NEEDED TO BE REPLACED FOR THE SITE. AND I NOTICE THAT A LOT OF THE TREES HAVE BEEN TAKEN DOWN AND THERE AREN'T VERY MANY TREES LEFT. THAT WAS DONE BY SHAWN RYAN.

AND HE WAS TALKING ABOUT ASKING ABOUT HOW THE REQUIRED TREE INCHES WILL BE MET.

HE ALSO WAS CONCERNED ABOUT GOPHER TORTOISES, THERE WAS ALSO THE CLEARANCE SHEET THAT TALKS ABOUT THE FLOODING AND AGAIN REMINDS PEOPLE ABOUT WALL HEIGHTS RETAINING WALLS EXCEEDING THREE FEET REQUIRE SEPARATE PERMIT. PART OF MY CONCERN IS THAT NOT SURE WE DON'T HAVE PICTURE OF WHAT THIS WILL LOOK LIKE FROM THE FRONT. WHETHER OR NOT OUR APPROVAL WILL CAPTURE ALL OF THESE REQUIREMENTS TO BE MET.

LOOKING FROM THE HELICOPTER VIEW, DOESN'T PROVIDE THAT

VISION. >> I UNDERSTAND.

BUT YOU KNOW, THE ARCHITECTURAL ELEVATION AREN'T PART OF THIS. WHAT IS IN CHARACTER WITH THE AREA IS ANOTHER PROPERTY.

THIS IS ANOTHER PROPERTY RIGHT UP THE ROAD AND YOU CAN SEE THIS SWITCH BACK DRIVEWAY GOING UP THE TOPO.

I'VE GOT A COUPLE OF OTHERS. >> THEY DON'T HAVE RETAINING WALLS BECAUSE THEY ARE FAR ENOUGH BACK.

THE DISTANCE BETWEEN THAT HOUSE AND THE ROAD IS LIKE -- I DID MEASURE IT. IT'S LIKE 130 FEET VERSES THIS HOUSE BEING LIKE 87 FEET.

THEY HAVE BY PLACING THE HOUSE FURTHER EASTWARD ON THE PROPERTY, THEY HAVE THE ABILITY TOO HAVE A GRADUAL SLOPE WITHOUT ALL THE NEED FOR THE RETAINING WALLS.

>> YES, MA'AM. >> I THINK AS MR. PATTEN POINTED OUT, TOO. THERE'S VERBIAGE THAT YOU CAN SIX-FOOT WALL SOUTH OF SAW GRASS ALONG A-1A.

BUT THE SECOND YOU CALL IT RETAINING FENCE.

>> SIX-FOOT FENCE. >> WALLS OR FENCES.

[01:25:02]

>> WHEN YOU BECOME A RETAINING WALL CAN'T BE MORE THAN FOUR FEET HIGH. THERE'S NO SPECIAL PROVISION FOR RETAINING WALLS SOUTH OF SAW GRASS IF I UNDERSTAND THAT CORRECTLY. THERE'S A SPECIAL PROVISION FOR FENCES AND WALLS SOUTH OF SAW GRASS BUT NOT RETAINING WALLS. THIS HAS A COMBINATION OF BOTH. AND I JUST ASK YOU TO PUT YOUR BEST VISIONARY HAT ON THAT YOU WILL NOT SEE A WALL AND THEN NOTHING ELSE. YOU WILL SEE A WALL A DRIVEWAY, SLOPING BACK TO HOUSE.

YOU WILL SEE IN CONCEPTS WITH THIS MASSING IN SCALE.

>> MOST RETAINING WALLS ARE MADE OUT OF TIMBER; IS THAT

RIGHT? >> I WOULDN'T SAY THAT.

>> TYPICALLY TIMBER ISN'T USED.

CONCRETE POUR. IT'S MORE FRIENDLY THAN THE PRESSURE TREATED COPPER ARSENIC PUT IN THE LUMBER TO DO THAT. THIS WOULD BE -- THIS WOULD BE CONCRETE POUR. VERY DECORATIVE.

IT'S A BEAUTIFUL HOUSE. BEAUTY, AESTHETICS AND COST ARE NOT A FACTOR. YOU CAN IMAGINE THIS ISN'T A WALL. YOU DON'T SEE ANYTHING ALL.

RETAINING WALL AND OR FENCE AND THEN YOU SEE IT MEANDER BACK UP TO THE HOUSE. IT'S A LOT BETTER THAN DRIVEWAY SHOOTING STRAIGHT UP THAT WAS PREVIOUSLY.

THAT'S BEEN CHANGED BECAUSE IT'S LOT SAFER TO TAKE A

MEANDER DOWN TO A-1A. >> THE MATERIAL WOULD BE

CONCRETE WITH STUCCO? >> WE WOULDN'T DO STUCCO.

MOISTURE WOULD GET BEHIND IT.

WOULD BE LIKE A HOUSE. IT WOULD -- I IMAGINE LIKE CON CONCRETE. STUCCO STARTS TO PEAL AWAY AND MAINTENANCE. WE WANT ZERO MAINTENANCE ON

THIS. >> RETAINING WALLS CAN BE BUILT OUT OF MATERIALS. YOU USE TO SEEING PRESSURE TREATS FOR SHORTLY TRAINING WALL.

YOU SEE SHEET PILING FOR RETAINING WALL.

YOU SEE MACESONRY AND PRECAST CONCRETE.

IT'S A VARIETY OF MATERIALS AND DEPENDS ON THE CONDITION. I IMAGINE THIS WOULD BE PROBABLY CONCRETE BLOCK. THAT'S EXACTLY RIGHT.

>> THERE'S A BEEN A RENAISSANCE LATELY.

WITH BEAUTIFUL CONCRETE FORMATION.

WE ASK FOR YOU APPROVAL IN THIS.

>> NONE OF THE DRAWING DO YOU SHOW HOW CLOSE THE HOUSE

IS COASTAL SET BACK LINE. >> THAT'S A GREAT ASSESSMENT. I KNOW WE HAVE IT.

WE BASICALLY USE THE SAME WHERE IT WAS ON THE -- YOU

CAN SEE IT ON THE AERIAL. >>

>> THE POOL IS NOT ALLOWED TO BE ON THE OTHER SIDE? [INAUDIBLE] HORIZONTAL.

COASTAL CONSTRUCTION LINE BACK HERE.

THERE YOU GO. EVERYTHING IS TO LANDWARD OF THE CCC-LAL. BUT -- WHICH, AGAIN COMPRESSES THIS INTO EXISTING FORMER BUILDING PAD AREA AND THEN TRYING TO BUILD A DRIVEWAY THAT'S JUST YOU KNOW A LOT SAFER IN CONTEXT WITH THE TOPO.

YOU WANT TO TRAVEL WITH THE TOPO NOT AGAINST IT.

>> POSSIBILITY OF LOWERING THE HOUSE IS NOT ALLOWED

EITHER? >> TO ACTUALLY REMOVE PART OF THE DO YOUKNOW TO LOWER THE HOUSE.

YOU CAN'T DO THAT. NO, SIR.

>> AND IT'S ABOUT 17 FEET FROM THE ELEVATION OF THE

SLAB TO A1A ELEVATION? >> ROUGHLY, YES.

THAT'S CORRECT. ABOUT 12% SLOPE.

WITH THE DRIVEWAY MEANDERING.

>> MR. PATTON? IF WE COULD GET THE BUILDER NAME AND ADDRESS FOR THE RECORD PLEASE.

>> IRIDGE JOHNSON. ADDRESS 3948 THIRD STREET SOUTH NUMBER FIVE JACKSONVILLE, BEACH,

FLORIDA. >> THANK YOU.

AND JUST A GENTLE REMINDER TO PUT THE ITEM OUT FOR

PUBLIC COMMENT. >> GETTING READY.

>> ANY MORE QUESTIONS? >> ANY PUBLIC COMMENT ON

[01:30:05]

THIS ITEM? >> HEARING NONE, DISCUSSION AMONGST THE BOARD MEMBERS? LOOKED LIKE YOU HAD A QUESTION. I WOULD JUST SAY YOU KNOW IT'S UNFORTUNATE THIS WHOLE THING ABOUT ALLOWING A FENCE, ALLOWING A WALL. BUT NOT A RETAINING WALL TO BE SIX-FOOT. THIS LOCATION.

IT'S UNFORTUNATE IN TERMS OF THE REGULATION.

AND REQUESTING THIS DOESN'T SEEM TO BE INCONSISTENT WITH SURROUNDING PROPERTIES OR INCONSISTENT WITH THE INTENT

OF ALLOWING WALL OR FENCE. >> I JUST WANTED TO SAY THAT. JANE?

>> THAT'S IT. >> MEGAN, DO YOU HAVE A

QUESTION. >> I WAS GOING TO SAY THE RETAINING WALL PART OF THAT IN THE CODE WAS TO PREVENT PEOPLE FROM RAISING THEIR HOUSES HIGHER AND HIGHER AND HIGHER SO THAT THEY HAD THE ABILITY TOWER OVER THEIR NEIGHBORS. IT WOULD BE THE HIGHEST HOUSE KIND ON THE BLOCK. AND THE STEPPING OF RETAINING WALLS. IT WOULD BE PERSONALLY, I'M STRUGGLING WITH THE FACT THAT I DON'T HAVE A PICTURE OF WHAT IT WOULD LOOK LIKE FROM THE ROAD.

YOU ARE TALKING ABOUT THERE'S GOING TO BE PUSHES AND TREES. IT'S GOING TO LOOK LOVELY.

IT WOULD BE VERY SIMPLER TO MAKE A DECISION IF WE COULD SEE WHAT THE PLAN WAS FOR THE WALLS WITH WHATEVER VEGETATION WAS GOING TO BE, WHAT IS IT GOING TO ACTUALLY

LOOK LIKE? >> LOOKING FROM THE TOP DOWN. IT DOESN'T QUITE DO IT FOR

ME. >> OKAY.

OTHER COMMENTS? >> DO I HEAR A MOTION?

>> I WOULD MOVE WE APPROVE PVZVAR2022-5.

[3. PVZVAR 2022-3 700 Ponte Vedra Blvd. Request for a Zoning Variance to PVZDR Section VIII.N.2 to construct a new retaining wall and exceed the maximum 4-foot height requirement and 40-foot minimum separation requirement]

AS PRESENTED IN THE ORDER PROVIDED BY STAFF.

>> DO I HEAR A SECOND? >> SECOND.

>> READY TO VOTE. IT'S APPROVED.

>> THANK YOU VERY MUCH. 5-1.

>>> WITH THAT WE WOULD LIKE TO MOVE ON PVZVAR2022-3, 700 PONTE VEDRA BOULEVARD. RICHARD, HAVE YOU VISITED THE SITE OR TALKED WITH ANYONE?

>> I DID DRIVE BY THE SITE AND I DID NOT TALK TO ANY ANYBODY.

>> I DROVE BY THE SITE AND TALKED WITH THE HOMEOWNER.

HE SHOWED ME HIS PROPERTY AND THE ONE NEXT DOOR AS WELL THAT WILL BE COMING UP NEXT.

>> I DID DRIVE TO THE PROPERTY AND THE HOMEOWNER GAVE ME A TOUR AND SHOWED ME BOTH THE SITUATION AT BOTH PROPERTIES REGARDING THE RETAINING WALLS.

>> AND I ALSO VISITED THE SITE AND DID MEET WITH MR. ALVAREZ. HE GAVE ME A TOUR OF 700 AND

702 OF THEIR BACKYARDS. >> I AM FAMILIAR WITH THE SITE. I HAVE NOT SPOKEN WITH

ANYONE. >> I'M FAMILIAR WITH SITE.

I HAVEN'T SPOKEN WITH ANYBODY.

>> DOES STAFF HAVE ANY COMMENTS?

>> NO, MR. CHAIR. >> OKAY.

I'M READY FOR YOU PRESENTATION.

PLEASE STATE YOUR NAME AND ADDRESS.

BRIAN SPAHR. JACKSONVILLE, FLORIDA,

32325. >> OKAY.

PROCEED. AS STATED IN THE APPLICATION THEY ARE SEEKING ZONE VARIANCE FROM SECTION REGARDING THE FOUR-FOOT HEIGHT REQUIREMENT.

FOR RETAINING WALLS AND 40-FOOT MINIMUM SEPARATION TO PREVENT STEPPING. IF YOU BEEN TO THE SITE.

THERE'S TWO RETAINING WALLS. THEY ARE BOTH IN BAD SHAPE.

ESPECIALLY THE ONE AT THE BOTTOM.

THEY HAVE SOME PICTURES HERE AS YOU CAN SEE.

WE CALL IT -- YOU CAN'T TELL HOW FAR THAT PICTURE ON THE LEFT, HOW FAR IT GOES UP UNDER THE STRUCTURE.

HE'S ALSO HAVING SIGNIFICANT EROSION PROBLEMS IN THE

[01:35:02]

EXTREME SLOPE ON THE BACK OF THE PROPERTY.

IT'S EROSION ISSUES. THE PALM TREES ARE FALLING OVER. THERE'S A NICE WHOLE RIGHT HERE. WE ARE NOT CONTRARY TO THE -- TO ANYBODY IN THE SURROUNDING AREA.

AS DEPICTED AS NOT MEANT TO SHOW PRECEDENT.

THIS MAINLY MEANT TO SHOW THAT THERE ARE EXISTING WALLS SAME NATURE ALL UP AND DOWN THE PROPERTY.

THE ONLY PERSON THAT WOULD HAVE ANY NEGATIVE CONSEQUENCE OR OPINION ABOUT THE PROPOSED PROJECT IS ALSO HERE FOR THE SAKE OF THE PROJECT THAT WILL BE GOING NEXT. THAT'S IT.

AND I'M HERE FOR QUESTIONS. WE ALSO HAVE THE ENGINEER WHO DID THE ENGINEERING REPORT HERE AND AVAILABLE FOR ANY QUESTIONS. AND THE PROPERTY OWNER IS ALSO HERE. QUESTIONS?

>> YOU ARE ASKING TO MOVE THE RETAINING WALL BACK.

8 FEET; RIGHT? >> THAT'S TO ALLOW FOR SUFFICIENT TIEBACKS. SUFFICIENT TIEBACKS.

QUESTION TO THE NEW WALLS COULD BE LOCATED PROBLEMS APPROXIMATELY THE SAME DISTANCE.

THAT THE HOUSE JUST DO TO THE NORTH?

>> IT'S GOING TO CONNECT DIRECTLY TO THAT CORNER.

>> IT WOULD BE A SINGLE LINE GOING ACROSS.

>> YES, SIR. >> I DO HAVE A QUESTION FROM

THE ENGINEER. >> IN YOUR REPORT YOU STIPULATED YOU -- [INAUDIBLE]

>> WE ARE STRUCTURAL ENGINEERS.

OUR FIRM SPECIALIZES IN THAT.

FOR THIS ORIGINAL SURVEY, WE HAVE NOT CONSULTED WITH A

GEOTECH YET. >> DO YOU KNOW WHAT THE FOUNDATION OF THE EXISTING HOUSE ARE?

>> I BELIEVE THEY ARE ON PILING.

>> NO, I DON'T HAVE CONFIRMATION OF THAT.

DO YOU KNOW, THAT AREA IS BUILTEN FILL?

ARE YOU AWARE OF THAT? >> YES.

>> IT WAS A LONG TIME AGO. >> THANK YOU.

>> ANY OTHER QUESTIONS FOR THE ENGINEER?

>> MR. PATTON, COULD WE GET THE NAME AND ADDRESS FOR THE

RECORD. >> NAME AND ADDRESS.

STEVEN MCKORBY, 4945 WATER OAK LANE.

JACKSONVILLE, FLORIDA. 32210.

>> THANK YOU. >> ANY OTHER QUESTIONS?

>> ANY PUBLIC COMMENT ON THIS? HEARING NONE, DISCUSSION AMONGST THE BOARD MEMBERS?

>> I BELIEVE THIS PROJECT THAT NEEDS TO BE DONE.

AND THAT WE SHOULD APPROVE THE VARIANCE.

>> ANY OTHER COMMENTS? >> MEGAN, I AGREE.

[4. PVZVAR 2022-4 702 Ponte Vedra Blvd. Request for a Zoning Variance to PVZDR Section VIII.N.2 to construct a new retaining wall and exceed the maximum 4-foot height requirement and 40-foot minimum separation requirement]

WITH THAT, DO WE HEAR A MOTION?

>> MOTION TO APPROVE PVZVAR2022-3, 700 PONTE

VEDRA BOULEVARD. >> SECOND.

READY TO VOTE. >> I WOULD RECOMMEND DO IT QUICKLY. WITH THAT WE WILL MOVE ON TO PVZVAR2022-4. 702 PONTE VEDRA BOULEVARD.

DOES STAFF HAVE ANY COMMENTS?

>> NO, MR. CHAIR. >> OKAY.

HAVE YOU VISITED THE SITE AND TALKED WITH ANYONE?

>> I DROVE BY THAT SITE AND I DID NOT TALK TO ANYONE.

>> I TALKED TO NEIGHBOR NEXT TO THEM.

>> I VISIT THE VIOLENT WITH MR. ALVAREZ.

>> I VISITED THE SITE GOT A TOUR FROM THE NEIGHBOR NEXT

DOOR. >> I'M FAMILIAR WITH SITE.

HAVEN'T SPOKEN WITH ANYONE. >> VISITED THE SOS HAVEN'T

SPOKEN TO ANYBODY. >> STATE YOUR NAME AND ADDRESS AND PROCEED WITH THE.

BRIAN SPAHR. >> PROCEED.

[01:40:06]

>> SAME APPLICATION WE'RE LOOKING TO SEEK RELIEF ZONING VARIANCE FROM 4-FOOT HEIGHT MAXIMUM REQUIREMENT AND THE 40-FOOT SEPARATION. THERE'S AN EXISTING SMALL RETAINING WALL NOT DOING MUCH OF ANYTHING RIGHT NOW.

A LITTLE BIT DIFFERENT FROM THE NEXT-DOOR NEIGHBOR.

THEY WILL BE SEAMLESS AND CONSTRUCTED AT THE SAME TIME. THE PURPOSE OF THIS WALL IS TO ALEVE ANY POTENTIAL FOUNDATION ISSUES.

THERE'S SOME CRACKING ON THE FOUNDATION AND UP ON THE STUCCO. THERE'S AN EXTREME SLOPE AND THEY HAVE THREE SMALL CHILDREN WHO CURRENTLY A FEW TIMES HAVE FALLEN DOWN INTO THAT MESS.

I HAD TO FLAG THE WEAPONS DOWN THERE.

IT'S HORRIBLE DOWN THERE. YOU DON'T WANT TO GO DOWN THERE. TO PROVIDE A SAFE PLACE FOR THE CHILDREN TO PLAY. ALSO TO PREVENT ANY SETTLING ISSUES. EROSION ISSUE.

ANYTHING THAT COULD FEATURE THEIR HOME.

NO ONE WILL SEE THE WALL FROM THE ROAD.

YOU CAN'T SEE THAT FAR FROM THE NEIGHBORHOOD ACROSS THIS. THE ONLY NEIGHBOR THAT COULD BE NEGATIVELY IMPACTED SOUTH WROTE A LETTER ENDORSING THE PROJECT. PRETTY MUCH THE SAME THING.

THERE'S SOME PICTURES OF THE BACKYARD.

I DON'T HAVE A THIRD LAZAR POINTER ON HERE.

BASICALLY THE WALLS GOES ABOUT RIGHT HERE.

YOU CAN SEE IT'S NOT A SAFE ENVIRONMENT.

EVEN WITH A FOUR-FOOT WALL. I WOULDN'T RELIEF ISSUES.

THERE'S SOME DAMAGE TO THE FOUNDATION.

CRACKING ON THE STUCCO. SOME SETTLING.

ANY OTHER QUESTIONS? >> THIS IS PIGGYBACKING OFF OUR QUESTION, JOHN. THIS WILL BE PROCEEDING SOUTH. 700, 702.

AND SO IT'S BASICALLY WHEN IT HITS THE SECOND PROPERTY THE SOUTHERN BORDER THAT PROPERTY DOES NOT HAVE A NEW RETAINING WALL. THAT'S --

>> THEY HAVE A RETAINING WALL.

IT DOES EXCEED THE THRESHOLD.

IT'S SET BACK A LITTLE BIT. WE WILL HAVE A TIE BACK.

>> WHAT DOES THAT MEAN? >> A WING WALL.

>> AING WITH WALL, YES. >> OKAY.

>> THANK YOU. >> THAT APPEARS TO BE 6-8 FEET. SIX IN SOME.

8 IN OTHERS. >> IS STRUCTURAL IS INTERESTING WITH THE CONCRETE TILE.

>> OKAY. >> OTHER QUESTIONS?

>> MY QUESTION FOR THE ENGINEER WOULD BE THE SAME.

NO POINT IN CALLING YOU OUT. CAN YOU STATE YOUR FAME AND

ADDRESS. >> 702 PONTE VEDRA

BOULEVARD. >> YOU'RE THE HOMEOWNER? ANY OTHER QUESTIONS? ANY PUBLIC COMMENT? HEARING NONE, DISCUSSION WITH THE BOARD MEMBERS?

>> I WALKED THE PROPERTY WITH THE NEIGHBOR AND IT LOOKS AS THOUGH IT'S CONSISTENT WITH OTHER PROPERTIES ALONG THE BOULEVARD IN THAT AREA AND IT WOULD TIE INTO HIS NEIGHBORS ON THE NORTHERN END. I ALSO DON'T THINK THERE'S

AN ISSUE WITH IT. >> OKAY.

[5. PVZVAR 2022-8 207 San Juan Drive. Request for a Zoning Variance to PVZDR Section VIII.D to allow for a 10 foot side yard setback in lieu of the platted BRL.]

>> DO I HEAR A MOTION? >> I WILL MAKE A MOTION TO APPROVE PVZVAR2022-4, 702 PONTE VEDRA BOULEVARD.

>> DO I HEAR A SECOND? >> SECOND.

>> VOTE, PLEASE. APPROVED UNANIMOUSLY.

CONGRATULATIONS. >> HAVE A GREAT DAY.

>> OKAY. FIFTH ITEM ON THE AGENDA

[01:45:03]

PVZVAR 2022-8-207 SAN JUAN DRIVE.

STAFF HAVE ANY COMMENDS? >> NO, SIR.

>> RICHARD, HAVE YOU VISITED THE SITE.

I DROVE BY IT BUT I DIDN'T SPEAK TO ANYONE.

>> YES, I DID VISIT THE SITE.

THERE WAS A WOMAN THERE CLEANING THINGS OUT OF THE HOUSE. AND SHE DIDN'T GIVE ME PERMISSION TO WALK AROUND BUT I DID WALK AROUND WHILE SHE WAS THERE. SHE WAS PROTECTIVE OF THE HOMEOWNER. I WANTED TO SEE HOW LOWS TO THE PONTE VEDRA NINTH TEE AND HAVING COFFEE WITH BASH ROBERTS AND SCOTT ROBERTS AND THEY MENTIONED THISES COMING BEFORE THE BOARD. THERE WAS NO CONVERSATION OF SUBSTANCE PRO OR CON JUST THAT IT WAS COMING BEFORE THE BOARD. THAT'S IT.

>> I VISITED THE SITE. AND AM FAMILIAR WITH THIS

AREA. >> I VISITED THE SITE AND ABLE TO WALK BETWEEN THE TWO PROPERTY LINE.

I HAD TO MAKE FOR THEM TO MAKE THE TEE SHOT BEFORE I CONTINUED MY TOUR. I DID NOT TALK TO ANYONE.

>> I'M FAMILIAR WITH THE SITE.

I WALK PAST IT EVERY DAY. I HAVEN'T SPOKEN WITH

ANYONE. >> I AM FAMILIAR WITH THE SITE. DIDN'T SPEAK TO ANYBODY.

>> MY NAME THE JAMES MCGARVEY.

I CURRENTLY LIVE IN THE POINT CONDO 91 SAN JUAN DRIVE. PONTE VEDRA BEACH.

I HAPPEN TO OWN THIS LOT AS WELL.

MR. CHAIR, MAY I APPROACH THE BENCH AND PASS OUT A COUPLE OF THINGS THAT THE BOARD MAY LOOK AT?

>> YES, YOU MAY. >> THANK YOU.

WE HAVE THAT. >> WHEN I FIRST APPROACHED THE STAFF, ACTUALLY, THEY DIDN'T KNOW HOW TO FRAME THIS. WAS IT VARIANCE OR ESTABLISHMENT OF SET BACKS OR WHATEVER.

AND SAID THAT SUGGESTED COME FORWARD WITH VARIANCE AND HERE I AM. THE REQUEST IS OBVIOUSLY TO ESSENTIALLY ESTABLISH VARIANCE ESTABLISH SET BACKS THAT ARE CONSISTENT WITH R1-B ZONING WHICH SAME ZONING THAT RUNS UP AND DOWN SAN JUAN THE ENTIRE LENGTH OF THE STREET. THIS LOT WAS ORIGINALLY PLATTED AS I MENTIONED IN APPLY LITTLE SUMMARY THAT YOU ALL READ IN 1937. THERE WAS NO RETAINING WALL THERE. THE LAKE WAS A DIFFERENT SHAPE. THE BRIDGE THAT'S THERE NOW WASN'T IN THE -- S IN A DIFFERENT PLACE.

THE SHAPE OF THELAND WAS DIFFERENT.

EVERYTHING WAS DIFFERENT. BACK SOME FROM WHAT I CAN GATHER SEVERAL FOLKS THAT HAVE BEEN THERE IN PONTE VEDRA LONGER THAN I'VE BEEN THERE, I'VE BEEN THERE LONGER THAN I WANT TO ADMIT TO YOU, ACTUALLY.

ABOUT 50 YEARS AGO THEY ADDED THIS TRIANGLE OF LAND TO THIS LOT ACTUALLY MORE THAN THAT.

SOMETIME IN THE 1940S, I GUESS.

BECAUSE THE HOUSE THAT CURRENT LIVE EXISTS THERE WAS ORIGINALLY TWO PODS TWO SHACKS, BASICALLY.

IN THE EARLY 1990'S. THE FORMER OWNER OF THE HOUSE FROM WHOM I PURCHASED CONNECTED THE TWO PODS AND ESSENTIALLY CREATED THE STRUCTURAL THAT YOU SEE THERE ON THAT LOT NOW. THE CURRENT HOUSE AND I HAVE SURVEY WHICH EXHIBITS THIS. SITS WAY OUTSIDE THE CURRENTLY EXISTING PLATTED SET BACKS.

MUCH CLOSER TO THE LAKE AND MUCH FURTHER NORTH TOWARD

[01:50:03]

THE TEE BOX. PONTE VEDRA CLUB WOULD BE VERY HAPPY FOR US TO SORT OF -- LET'S CALL IT REMOVE THE HOUSE THAT'S THERE. RECONSTRUCT SOMETHING THAT'S NOT AS CLOSE TO THE LAKE. QUITE AND AS YOU CAN SEE FROM THE LETTER THERE, FINE WITH SET BACK OF 20 FEET.

IT ALSO BENEFITS OUR NEIGHBOR TO THE SOUTH.

BECAUSE IT WILL ALLOW US TO ACTUALLY UTILIZE THE LOT MUCH MORE EFFECTIVELY. THE LOT IS THE LOT THAT INCLUDES THE EXTRA TRIANGLE. I'M SIMPLY ASKING THAT SET BACKS BE ESTABLISHED. I'M HAPPY TO COMPLY WITH MY FRIENDS AT GATE AND CREATE A 20-FOOT NORTH SIDE SET BACK AS OPPOSED TO A TEN-FOOT NORTH SIDE SET BACK.

AS THEY SUGGESTED IN THEIR LETTER.

THE QUESTION I HAVE THE THAT THE HOUSE JUST NORTH OF THE TEE BOX HAS A TEN-FOOT SET BACK.

SITE SET BACK. AND TO ME IT SEEMS PERFECTLY REASONABLE FOR YOU TO HAVE A TEN-FOOT SIDE YARD SET BACK ALSO. BUT WHAT IS -- -- WHAT IS

THE ISSUE? >> I THINK THIS.

AND QUITE FRANKLY, I'M NOT SURE I WANT TO BE THAT CLOSE ANYWAY. THE CURRENT HOUSE GETS.

THERE'S A LOT OF BAD GOLFERS ON PONTE VEDRA OCEAN COURSE.

I WILL YOU THIS. >> MY HUSBAND SAID HE COULDN'T HIT YOUR HOUSE EVEN WITH HIS SKILL SET.

>> WELL LET ME SAY THAT THERE ARE SEVERAL WORSE GOLFERS THAN YOUR HUSBAND THEN.

BECAUSE IN THE LAST 2 AND A HALF MONTHS TWO PEOPLE HAVE HIT THE HOUSE AND THEY JUST BROKE THE WINDOW RIGHT OUT.

IF YOU WALKED AROUND THERE YOU PROBABLY SOME BOARDS AND PLYWOOD. SUN ROOM WINDOWS.

20-FEET, TEN FEET. QUITE FRANKLY, I'VE KNOWN AND BEEN FRIENDS WITH THE PAYTONS AND THE FOLKS FOR QUITE A LONG TIME. I WANT TO REMAIN FRIENDS.

20 FEET DOESN'T BOTHER US ONE BIT.

I THINK IT SHOULD BE QUITE FRANKLY I THINK IT SHOULD BE 20 FEET. THEY WOULD LIKE TO HAVE SOME LOOSENESS OR SOME A LITTLE BIT MORE VIEW AND NOT QUITE SO TUNNELLY ON THAT TEE BOX. I GET THAT.

BECAUSE I PLAY IT MYSELF. AND THAT'S VERY REASONABLE.

I THINK I'M FORMALLY CHANGE I MY REQUEST ON THE NORTH SIDE SET BACK. THANK YOU VERY MUCH FOR THAT. TO 20 FEET TO TEN FEET.

>> WHEN DID THAT TRIANGLE LAND BE PART OF THE

PROPERTY? >> I TRIED TO FIND THAT OUT.

I DON'T KNOW THAT QUITE FRANKLY.

BUT IT'S BEEN -- I CAN TELL YOU, THOUGH, THAT, THAT LAND AREA WHETHER THERE WAS A -- JOHN, WHETHER THERE WAS RETAINING WALL OR NOT, THE NORTH POD OF THIS -- THE EXISTING HOUSE IS BUILT LITERALLY RIGHT ON TO THE -- RIGHT -- JUST VIRTUALLY ALMOST TOUCHING THAT TRIANGLE. THE LAKE -- THAT EXTRA TRIANGLE OF LAND WAS ADDED SOMETIME IN THE SHORTLY AFTER THE -- THIS WAS PLATTED.

ORIGINALLY 1937. THE CURRENT PIECE OF PROPERTY. THAT'S THE SIDE YARD.

ANY OTHER QUESTIONS? I WOULD COMMENT.

DAVIS JOHNSON CAME TO US 20 YEARS AGO WITH THIS SAME REQUEST. AND WE APPROVED IT.

WE CAN'T FIND IT. >> THE BOARD AT THAT TIME.

I KNOW THAT WE ADJUSTED THE BUILDING RESTRICTION LINE TO THE SET BACK. IT'S NEVER SHOWED UP MR. GRAHAM ON THE SURVEY. I WISHED I HAD KNOWN THAT.

I COULD HAVE SAVED YOU TIME TNIGHT.

[01:55:04]

>> YOUR MEMORY IS GOOD. >> I KNEW DAVIS WELL.

I REMEMBER THAT PARTICULAR ONE.

>> ANY OTHER QUESTIONS? >> ANY COMMENTS FROM THE PUBLIC? HEARING NONE, DISCUSSION

AMONGST THE BOARD MEMBERS? >> HEARING NONE.

DO I HEAR A MOTION. >> I WOULD MOVE WE APPROVE PVZVR 202-4, 702 SAN JUAN DRIVE SUGGESTED LANGUAGE TO REFLECT A 20-FOOT SIDE SET BACK IN THE DESCRIPTION AND NUMBER ONE PARAGRAPH. WITH THE REST OF THE

[6. Election of Chair and Vice-Chair. The Ponte Vedra Zoning and Adjustment Board is required to annually elect a chair and vice chair. Please see the attached recommended Nomination and Voting procedures. Alternatively, after public comment, the simple suggested motions for election may be made.]

SUGGESTED LANGUAGE REMAINING.

>> SECOND. >> OKAY.

READY TO VOTE. APPROVED UNANIMOUSLY.

YOU NOW HAVE A NEW SIDE YARD SET BACK.

>> THANK YOU, LADIES AND GENTLEMEN.

THIS TIME WE WILL PUT IN IT THE RECORD.

HOW ABOUT THAT. >> THANK YOU.

>> HARRY MAY NOT BE ON THE BOARD IN 20 YEARS.

>> WE DO NEED A GOOD HISTORIAN.

HANG ON THERE. >> THANKS.

>> BEFORE WE GET TO NEXT LAST AGENDA ITEM I WOULD LIKE TO HAVE AN UPDATE I'M CONFUSED ABOUT WHERE WE STAND ON DUAL ENTRY DRIVEWAYS ALONG PONTE VEDRA

BOULEVARD. >> WE APPROVED IT.