May 02, 2022 Ponte Vedra Zoning and Adjustment Board

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THE MAY SECOND, 2022 MEETING OF THE PONTE VEDRA ZONING AND ADJUSTMENT BOARD. TODAY IS SOMETHING DIFFERENT.

I WOULD LIKE TO START WITH THE PLEDGE OF ALLEGIANCE.

IF YOU WOULD STAND UP AND FACE THE FLAG.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD WITH LIBERTY AND JUSTICE FOR ALL.

>> YOU FORGOT THE INDIVISIBLE. >> CHAIR: ALL HAVE TO HAVE SOMEBODY ELSE LEAD IN .

WE USED TO DO IT IN GRADE SCHOOL BUT JUST ABOUT EVERY COUNTY MEETING STARTS WITH THAT SO I THOUGHT IT WOULD BE A GOOD IDEA TO REMEMBER WHY WE ARE HERE.

BEFORE WE HAVE A READING OF THE PUBLIC NOTICE STATEMENT I DO HAVE A COUPLE OF COMMENTS. WE DO HAVE TWO MEMBERS OF THE BOARD ABSENT TODAY, HARRY GRAHAM AND SAMUEL CROZIER SO WE HAVE FIVE MEMBERS PRESENT BUT I WANT TO THANK THE PONTE VEDRA ZONING AND ADJUSTMENT BOARD IN THE CONFIDENCE IN ME WHEN ELECTING THE BOARD CHAIR. THERE ARE MANY PEOPLE BESIDE ME ON THIS BOARD WHO HAVE EVEN MANY YEARS OF SERVICE TO THE PEOPLE IN THIS COUNTY. IT IS SO APPRECIATIVE.

I'VE ONLY BEEN HERE FOR ONE YEAR SO BEING ELECTED BOARD CHAIR I FEEL I AM FEELING VERY BIG SHOES AND I WILL BE LEANING ON ALL OF YOU INCLUDING OUR PFORMER BOARD CHAIR, JOHN PATTO WHO IS OUR BOARD COCHAIR AND MEGAN MCKINLEY WHO WAS THE COCHAIR AS WELL AS THE HARD-WORKING STAFF SITTING AT THESE THREE TABLES AND I WILL BE ASKING THEM FOR ADVICE AND GUIDANCE. AFTER THE LAST MEETING I DID SPEND SOME TIME WITH CHRISTINE BALAGUER, THE COUNTY ATTORNEY TO PREPARE FOR THIS ROLE. OUR CONVERSATION WAS REALLY HELPFUL TO ME AND REMINDED ME THAT AS BOARD APPOINTEES BY THE COUNTY COMMISSIONERS WE HAVE TWO RESPONSIBILITIES.

THEY ARE KIND OF HARD BECAUSE WE HAVE TO LIVE IN THE COMMUNITY THAT WE SERVE. SO THESE ARE OUR FRIENDS AND NEIGHBORS COMING REST ASKING FOR THESE THINGS THAT THAT'S NOT WHY WE ARE HERE. WE ARE HERE TO REPRESENT THE PEOPLE OF OUR COMMUNITY, THE REGULATIONS AND DO AS MUCH AS WE CAN FOR OUR FRIENDS AND NEIGHBORS AS WELL.

WE REVIEW AND MAKE RECOMMENDATIONS ON ALL ACTIONS WITHIN THE PONTE VEDRA ZONING DISTRICT INCLUDING REZONING'S, MAJOR MODIFICATIONS IN PLANNED UNITS AND SPECIAL DEVELOPMENTS AS WELL AS NEW PLATS, ROADS AND READ PLATS.

WE CONSIDER WHETHER ANY PROPOSED ACTIONS ARE IN COMPLIANCE WITH REGULATIONS, ORDINANCES AND RESOLUTIONS AND THE COUNTY COMPREHENSIVE PLAN AS WE MAKE OUR RECOMMENDATIONS.

NOW, HAVE ALL OF YOU READ THE COUNTY CONFERENCE OF PLAN? I KNOW I HAVEN'T, IT IS THIS BIG BUT NEVERTHELESS IT IS ONE OF OUR RESPONSE ABILITIES. PTHE SECOND THAT SHE HELP ME WITH WAS DECIDING ON REQUESTING ZONING USE AND ON VARIANCE AND IN THIS CASE THE APPLICANT HAS THE BURDEN OF PROOF.

THAT IS THE FIRST THING THAT NEEDS TO HAPPEN THAT THE APPLICANT PROVES THAT THERE IS A HARDSHIP AND WE CONSIDER GRANTING THE REQUEST AND THERE IS A DEFINED TERM, HARDSHIP MEANS A CIRCUMSTANCE NEGATIVELY AFFECTING THE USE OF THE PROPERTY THAT IS PECULIAR TO A PARTICULAR PROPERTY NOT GENERAL TO THE AREA OR NEIGHBORING PROPERTIES AND NOT CAUSED BY SOME ACTION OR CHARACTERISTIC OF THE PROPERTY OWNER OR USER.

IF WE FIND A HARDSHIP EXISTS TO GRANT THE VARIANCE WE WOULD DECIDE WHETHER IT WOULD BE CONTRARY TO THE PUBLIC INTEREST, NEGATIVELY IMPACTING THE ADJOINING PROPERTY OR BECAUSE OF THE PROPERTIES UNUSUAL SHAPE OR CONDITION ZONING VARIANCE WOULD CAUSE AN UNDUE HARDSHIP ON THE APPLICANT. WE LOOK WHETHER IT IS PRACTICAL DIFFICULTIES IN CARRYING OUT THE STRICT LETTER OF REGULATION PAIRED MAKE SURE THE VARIANCE REQUEST IS NOT BASED EXCLUSIVELY ON THE DESIRE TO REDUCE THE COST OF DEVELOPING THE SITE, THE PROPOSED VARIANCE WILL NOT SUBSTANTIALLY INCREASE CONGESTION ON SURROUNDING PUBLIC STREETS THE DANGER OF FIRE OR HAZARD. THE PROPOSED VARIANCE WILL NOT SUBSTANTIALLY DIMINISH PROPERTY VALUE AND THE EFFECT OF THE PROPOSED VARIANCE IS IN HARMONY WITH THE GENERAL INTENT OF THE

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KRISTI AND I ALSO LOOKED AT HOUSE BILL 801 AND THUS THE LEGISLATION THAT ENACTED THE PVZAB.

I ASKED THE COUNTY TO GIVE US A COPY AND YOU MIGHT HAVE HAD THIS WHEN WE STARTED THE BOARD. IT'S REALLY INTERESTING TO READ SOY ASKED HER TO PROVIDE A COPY OR ASKED THE STAFF TO.

AND AFTER WE HAVE HEARD SOME OF THE APPLICATIONS COMING BEFORE US TODAY THERE ARE SOME REQUIREMENTS OF THE LEGISLATION THAT I WOULD LIKE TO DISCUSS. THAT WAS THE OPENING STATEMENT.

THANK YOU ALL TO RECOGNIZE THE SERVICE OF THE COUNTY RECOGNIZE THE STAFF LET YOU KNOW ABOUT THE MEETING I HAD WITH CHRISTINE AND HOW MUCH IT HELPED ME IN TERMS OF REFRESHING ME ON THE ROLES AND RESPONSIBILITIES.

NOW WE CAN CONTINUE ON WITH THE MEETING AND THE READING OF THE PUBLIC NOTICE STATEMENT. JOHN?

>> THIS PUBLIC HEARING HELD IN RECURRENCE OF REQUIREMENT OF THE LAW OF THE PUBLIC IS GIVEN THE OPPORTUNITY TO COMMENT ON THE BOARDS JUDICIAL AND THE PUBLIC WILL BE GIVEN THE OPPORTUNITY TO OFFER COMMENTS AT THE DESIGNATED TIME DURING HEARING. ANY MEMBER OF THE PUBLIC DESIRING TO SPEAK MUST INDICATE BY COMPLETING A SPEAKER CARD WHICH IS AVAILABLE IN THE FOYER.

ADDITIONAL SPEAKERS MAY BE HEARD ONLY IN THIS QUESTION OF THE CHAIRMAN. SPEAKER CARDS ARE TURNED INTO STAFF THE PUBLIC WILL SPEAK AT A TIME DURING THE MEETING.

EACH ITEM AND FORTH WITH THE LENGTH OF TIME DESIGNATED BY THE CHAIR WHICH SHALL BE THREE MINUTES.

SPEAKER SHALL IDENTIFY THEMSELVES OF WHO THEY REPRESENT STATE OR ADDRESS FOR THE RECORD GOOD SPEAKERS OFFER SWORN TESTIMONY. IF THEY DO NOT AFFECT THE TESTIMONY IS NOT SWORN IT WILL BE CONSIDERED BY THE BOARD AND DETERMINED WEIGHT AND TRUTHFULNESS.

IF A PERSON DECIDES TO APPEAL THE DECISION AND MAKE WITH RESPECT TO ANY MANNER CONSIDERED AT THE HEARING SUCH PERSON NEEDS A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF RECEIVING THIS MADE.

WHICH RECORD INDICATES TESTIMONY AND EVIDENCE WHICH THE APPEAL IS BASED. ANY FISCAL OR DOCUMENT OF EVIDENCE PRESENTED AT THE HEARING SUCH AS DIAGRAMS AND CHARTS, PHOTOGRAPHS, STATEMENTS SHALL BE RETAINED BY THE STAFF AS PART OF THE RECORD. RECORD WILL BE AVAILABLE FOR OTHER BOARD AGENCIES IN THE COUNTY TO REVIEW IF AN APPEAL RELATED ITEM EXISTS. BOARD MEMBERS ARE REMINDED IF THEY SHOULD STATE THEY HAVE HAD ANY COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSONS OUTSIDE THE FORMAL HEARING THE BOARD. SUCH COMMUNICATIONS OCCUR, THE BOARD MEMBER SHALL IDENTIFY THE PERSON INVOLVED AND THE MATERIAL AND CONTENT OF COMMUNICATION.

[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 4/4/22 PVZAB hearing at the request of the Applicant.]

WE WILL DIRECT ALL COMMENTS TO THE ISSUES AND AVOID ANY

PERSONAL ATTACKS. >> THANK YOU.

>> THANK YOU JOHN. DID WE GET ANY SPEAKER CARTS ON PUBLIC COMMENT TODAY? WE DIDN'T, HE DID WE KNOW SPEAKER CARTS? NO PUBLIC COMMENT TODAY.

AND NO ONE IS APPROACHING THE PODIUM SO WE WILL MOVE ON WITH ITEM NUMBER 1 ITEM 1 IS PVZVAR 2022-2 WISE RESIDENCE FENCE PAIRED THE PRESENTER IS BRAD WESTER ND YOU WANT TO ASK FOR A CONTINUANCE INSTEAD OF PULLING THE BOARD MEMBERS

FIRST. >> GUEST SPEAKER: THANK YOU AND WELCOME CHAIRWOMAN. I KNOW THAT WAS ALPHABET SOUP BUT LET ME READ WHAT THE ORDINANCE NUMBERS ARE.

THANK YOU ALL FOR YOUR SERVICE AS WELL.

I AM BRAD WESTER 1 INDEPENDENT DR., SUITE 1200 DRIVER MCAFEE HAWTHORNE IN RNE IN JACKSONVILLE 32202.

ON AGENDA ITEM NUMBER 1 I DO RESPECTIVELY ASK FOR A CONTINUANCE AND THE REASON BEING THAT THERE IS AS WE PARTICIPATE FULLY ANTICIPATED FROM THE LAST HEARING IT WAS A 3-3 TIE ANTICIPATED 1/4 BOARD MEMBER TO JOIN BUT WE HAVE NOW TO ABSENCES ON THE BOARD AND I ADVISED MY CLIENT ON FRIDAY AFTER SOME DISCUSSION THAT WE WOULD LIKELY HAVE CONTINUANCE OF THIS AND THEY ARE IN ARIZONA, CURRENTLY.

NO, I WOULD HAVE PREFERRED THEM TO BE HERE AS WELL FOR THAT MATTER BUT WE WOULD HAVE ALSO PREFERRED THAT WE HAD OUR SEVENTH AND NOW WE HAVE FIVE. WE RESPECTIVELY ASKED TO HAVE A CONTINUANCE TO JUNE PUBLIC HEARING.

I WANTED TO STATE THAT THERE IS NO OUTSTANDING VIOLATION TO THE PROPERTY IN REGARDS TO MONETARY DAMAGES THAT WERE OWED BY THE

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BASED ON THE. >> CHAIR: THANK YOU, BRAD.

BRAD DID CALL ME LAST WEEK AND SEND ME AN EMAIL REQUESTING THE CONTINUANCE AND EXPLAINING ABOUT THE ATTENDANCE HERE AND AS WE ALL KNOW WE DO NEED FOUR VOTES TO PROCEED WITH THE DECISION. WE DON'T NEED FOUR VOTES FOR A CONTINUANCE BUT WE NEED FOUR VOTES TO CONTINUE WITH THE DECISION. AND, I WILL TELL YOU WHY I THINK WE SHOULD MAKE A MOTION FOR A CONTINUANCE AS WELL.

I WOULD ACTUALLY LIKE TO HEAR FROM THE PROPERTY OWNERS.

I WOULD ALSO LIKE TO ACTUALLY HEAR FROM 137 PONTE VEDRA BOULEVARD THE HOUSEHOLD WITH THE LARGE AGGRESSIVE DOGS AS TO WHAT THE ISSUE MIGHT BE. AND ALSO THE HOUSE TO THE SOUTH OF THEM WHICH DOESN'T HAVE A SIX FOOT FENCE.

I WOULD ASK THE PROPERTY OWNERS AND I KNOW THIS IS INCLUDED IN THE HEARING BUT THEY HAVE A SIX FOOT FENCE ON THE OTHER SIDE OF THE PROPERTY. IF WE WANT TO IGNORE IT I'M SURE THAT A PRIDE REPORT COULD BE FILED ON THAT SO MAYBE WE SHOULD JUST TAKE CARE OF IT ALL AT ONCE.

THOSE ARE SOME OF THINGS THAT I WOULD WANT TO HAVE AS A CONTINUANCE. WE CAN ASSESS PEOPLE TO APPEAR THEY DON'T HAVE TO. WE COULD COMPEL THEM TO APPEAR THROUGH A SUBPOENA AND AS YOU KNOW I FEEL STRONGLY ABOUT FENCES IN THIS IMMUNITY. NOT AS A CITIZEN I WON'T TELL YOU MY PERSONAL OPINION ABOUT THEM BUT IT HAS BEEN A HOT TOPIC IN PONTE VEDRA BEACH ON THE SIZE OF THE FENCES.

WE'VE HAD TO COMMUNITY MEETINGS IN THE LAST THREE OR FOUR YEARS AND SO SHOULD WE APPROVE A VARIANCE I WANT TO MAKE SURE THERE IS A GOOD REASON FOR IT. THAT WE HAVE REALLY LOOKED INTO EVERYTHING ABOUT IT AND THAT WE CAN STAND BY AN APPROVAL OR A DENIAL. I GUESS I WOULD LIKE TO HEAR FROM OTHER BOARD MEMBERS ABOUT HOW THEY FEEL ABOUT THIS

CONTINUANCE. >> GUEST SPEAKER: ONE ISSUE ON THE JUNE MEETING I WILL NOT BE HERE SO YOU WILL NOT HAVE A FULL ATTENDANCE. THINK IT SHOULD BE CONTINUED UNTIL WE HAVE FULL ATTENDANCE. IT WAS A VERY FIRM TIE OF 3-3 AND WE NEED 1/4 MEMBER TO BREAK THE TIE.

I'VE ALSO BEEN THINKING ABOUT IT AND I HAVE SOME REAL STRONG REASONS OF WHY WOULD PROBABLY APPROVE THE VARIANCE SHALL COME

UP AGAIN. >> CHAIR: THANK YOU, JOHN, OTHERS? RAISE YOUR HAND.

GO AHEAD MEGAN. >> BOARD MEMBER: I AM NOT INCLINED TO GRANT A CONTINUANCE BECAUSE THIS CAN BE MADE TODAY.

WE HAVE FIVE MEMBERS AND IT WOULDN'T WIND UP TO BE A TIE IT WOULD BE 3-2, OR-1 AS LONG AS THERE IS AN ODD NUMBER OF MEMBERS IT WOULDN'T BE A PROBLEM, THE PROBLEM THAT WE HAD LAST TIME OR THE FACTS HAVE NOT CHANGED REGARDING THE FENCE BETWEEN THEN AND NOW. AND, I DON'T SEE THAT THERE WOULD BE ANY NEW NEWS THAT WOULD BE EXPOSITORY REGARDING THE EXISTENCE OF THE FENCE. I WOULD NOT NEED TO HEAR MORE

INFORMATION. >> CHAIR: ANY OTHER COMMENTS?

OR QUESTIONS FOR BRAD? >> BOARD MEMBER: MY COMMENT WOULD BE LOOKING AT OUR VACANCIES AND SUMMER, I AM NOT SURE WE ARE NOT GOING TO HAVE A FULL BOARD THROUGHOUT THE SUMMER. FOR US TO BE WAITING FOR A FULL BOARD I THINK THIS WOULD JUST GO ON AND ON AND ON.

>> CHAIR: THAT COULD BE AN ISSUE.

BUT, AND ACTUALLY, BRAD HAS SAID THERE'S NO DAMAGE BY HIS CLIENT IF WE WERE NOT TO ACT ON IT, THE FENCE JUST DAYS WEIGHT IS UNTIL WE CAN HEAR IT. I DO BELIEVE WE HAVE TO HAVE FOUR VOTES TO MOVE THIS PIECE ALONG TO MOVE IT ALONG WE NEED FOUR VOTES TO EITHER APPROVE OR DENY IT THROUGH THIS BOARD.

OTHERWISE, HE KEEPS COMING, IS THAT CORRECT CHRISTINE?

>> GUEST SPEAKER: THAT IS CORRECT.

A SPECIAL ACT REQUIRES A MAJORITY OF FOUR TO PASS.

>> CHAIR: IS IT A MAJORITY OF THE -

>> GUEST SPEAKER: A MAJORITY TO PASS.

>> CHAIR: WE HAVE APPROVED THINGS WITH 3 ? 2.

THIS SAYS A TOTAL MEMBERSHIP SHALL BE NECESSARY TO TAKE ANY

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TO HEAR THE APPEAL. >> BOARD MEMBER: I HAVE A QUESTION PEERED BRAD, WHAT WAS THE REASON FOR YOUR HUMAN'S?

>> GUEST SPEAKER: THE CONTINUANCE WAS, I DID NOT REALIZE THAT WE WERE GOING TO BE DOWN MR. HARRY GRAHAM.

I BELIEVE I HEARD THAT SAMUEL CROZIER WAS GOING TO BE IN SPAIN AND HE WOULD CALL IN AND WE WERE THINKING HE WOULD BE THE ONLY PHYSICAL ABSENCE TO THE BOARD AND HE WAS GOING TO CALL IN SO HE ATTEMPTED TO SET THAT UP BUT WE UNDERSTAND NOW THAT THE COUNTY DOES NOT ALLOW THAT AT THIS TIME.

THE VIRTUAL JAYHLAN IF YOU WILL.

TO PRODUCE PAY IN ALL THE NUMBERS ON THE PVZAB AGENDA APPEARED THAT LEFT US AN ABSENCE OF TWO SNOW WE HAVE FIVE. I ADVISED THEM AND I WAS USING THE TERM SUPER MAJORITY I DON'T KNOW IF THAT'S THE CORRECT TERMINOLOGY BUT I KNOW THAT WE NEED A 4-1 VOTE TO CONTINUE AND WE STATED ON THE RECORD THAT COMMISSIONER SAMUEL CROZIER ABSENCE WHEN HE IS BACK WOULD GIVE US THE SEVENTH TWO THEN MOVE IT WHICH A 4-3 AT THAT TIME COULD MOVE IT EITHER WAY.

SO, OUT OF RESPECT OF THAT 3-3 I BELIEVE IT WAS A TECHNICAL DENIAL THE TERMINOLOGY WAS CHRISTINE?

>> THERE'S NO TECHNICAL DENIAL FOR THIS BOARD.

>> GUEST SPEAKER: THE 3-3 ALLOWED US TO PUSH THAT AND UNFORTUNATELY ON FRIDAY AFTER I SPOKE TO THE CHAIR I HAD REASONABLE PROBABILITY TO BELIEVE THIS WAS GOING TO BE ALLOWED IN CONTINUANCE AND OVER THE WEEKEND I UNDERSTOOD THAT WE WOULD HAVE TO TO HAVE THAT DIALOGUE AND HERE WE ARE.

IT IS BASICALLY THAT WE WILL FLY BACK FROM ARIZONA ON SUNDAY AND I ADVISED THEM THAT WE WOULD LIKELY CONTINUE IT.

>> BOARD MEMBER: I HAVE NO OBJECTION TO THE CONTINUANCE.

>> CHAIR: WOULD YOU LIKE TO MAKE A MOTION TO CONTINUE?> BOARD MEMBER: I WOULD MAKE A MOTION TO CONTINUE.

>> BOARD MEMBER: I HAVE A QUESTION IF AT OUR NEXT MEETING WE STILL HAVE FIVE EVIL ARE WE GOING TO VOTE FORWARD OR ARE WE GOING TO KEEP IT GOING? IT SEEMS TO ME THAT I THINK WE SHOULD HEAR IT. I THINK AT THE NEXT MEETING IF WE HAVE FIVE GOING TO HAVE TIERED AGAIN IF WE DON'T HAVE

FOR ABOUT. >> BOARD MEMBER: MADAME CHAIRMAN, WHAT I REMEMBER ABOUT THE CONTINUANCE THROUGH THE MEETING, I ALSO THINK AT THE SAME TIME UNTIL WE HAD A FULL

BOARD. >> BOARD MEMBER: I BELIEVE THAT AS WELL THE ONLY ABSENTEE AT THE TIME THAT THE PREVIOUS WAS GOING TO BE SAMUEL CROZIER BUT THEN WE THOUGHT WE WERE GOING TO HAVE HIS PRESENCE IS THE CALL-IN.

>> CHAIR: TO MOVE THIS FORWARD WE WOULD HAVE TO HAVE ONE OF YOU TO TO CHANGE YOUR VOTES OR TWO OF US TO CHANGE OUR VOTES TO MOVE THIS FORWARD AND I DON'T THINK THAT'S GOING TO HAPPEN. HAVING THE OTHER TWO HERE IT WILL DEFINITELY MOVE IN SOME DIRECTION EITHER APPROVE IT OR

NOT. >> BOARD MEMBER: WE HAVE A REALLY GOOD ARGUMENT WHY WOULDN'T YOU APPROVE IT?

>> CHAIR: BUT ALL OF THE MATTERS WOULD HAPPEN TODAY FOR VOTES HOLD TRUE BUT IT COULD BE 4-1, 5-0.

>> BOARD MEMBER: HISTORICALLY WE HAVE GONE REMEMBER AT SOMETIMES WE DID NOT HAVE THAT AMOUNT OF PEOPLE AND WE

ALWAYS MADE DECISIONS. >> BOARD MEMBER: IT WAS ALWAYS FOR VOTE. SOMETIMES WHEN WE ONLY HAD FOUR MEMBERS OF THE VOTES WE WOULD WAIT UNTIL HE GOT IT APPROVED.

IT'S ALWAYS BEEN FOR VOTE. >> BOARD MEMBER: MAY I ASK BOTH JOHN'S WITH THEM ASKING FOR A CONTINUANCE, IS THAT UNTIL WE HEAR MORE INFORMATION OR JUST WHEN WE HAVE SEVEN PEOPLE OR JOHN, YOU WON'T HEAR? DOES THAT MEAN THAT WE ARE THEN PUSHING IT ALREADY TO JULY? P2 I THINK IT IS PUSHING IT

ALREADY TO JULY. >> CHAIR: I DO, TOO.

>> BOARD MEMBER: AND THAT WOULD BE THE NEXT ONE IN JULY WHEN WE ANTICIPATE A FULL BOARD. I REMEMBER WHEN I HAD BOARD MEMBER SAMUEL CROZIER TO WALK THE PROPERTY I DID GET VIDEO OF THE AGGRESSIVE DOGS BUT THOSE OWNERS AREN'T THE PROBLEM.

THE DOGS ARE THE CONDITION FOR THE PAST APPROVAL AND THE STAFF WAS SAYING IT WAS LIKELY NONTRANSFERABLE.

WHEN MY CLIENTS BOUGHT THE PROPERTY RENOVATED THEIR HOUSE, UPDATED THE FENCE AND THAT'S WHEN THEY GOT TURNED IN FOR A PRIDE REPORT IN 2018. NEVERTHELESS, THEY HAVE SENT A LETTER AND I STATED ON THE RECORD LAST TIME THAT IF THE

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THEY ARE ENTITLED TO HAVE DOGS AND LIGHTS AND WHATEVER THEY WANT TO DO FOR THE ENJOYMENT OF THEIR PROPERTY BUT I DID GET A VIDEO OF IT. THAT'S NOT TO KNOCK ON THE PROPERTY OWNERS WHO SAID PLEASE LET THIS REMAIN AS IS IN PERPETUITY BECAUSE OF HARMONY WITH PEOPLE'S CONTEXT AND WAY

OF LIFE RIGHT NOW. >> CHAIR: WE ARE NOT HAVING THE HEARING RIGHT NOW. DO YOU HAVE A MOTION?

>> BOARD MEMBER: WITH THE MOTION BE THAT WE WOULD EXTEND IT TO JULY? IS THAT WHAT WE ARE SAYING?

>> CHAIR: DO I HAVE A SECOND? > BOARD MEMBER: SECOND.

>> CHAIR: COMMENTS BEFORE WE VOTE?

>> BOARD MEMBER: YES I AM NOT HAPPY AT ALL WITH THAT.

I THINK THE MATERIALS THAT YOU ASKED FOR SHOULD BE GATHERED FOR THE NEXT MEETING AND WE PROCEED WITH SIX MEMBERS IF WE HAVE SIX. BUT I THINK TO KEEP PUSHING THIS ON UNTIL WE HOPE TO HAVE SEVEN MEMBERS, IT'S TOO LONG.

>> CHAIR: THE MOTION IS TO CONTINUE THIS ITEM UNTIL JULY 11TH. IS THAT THE MOTION?

>> BOARD MEMBER: YES THAT IS THE MOTION.

>> CHAIR: WE HAVE A SECOND ANY OTHER COMMENT BEFORE WE VOTE TO

MAC. >> BOARD MEMBER: I DO NOT WANT TO SET A PRECEDENT THAT THE APPLICANT CAN DECIDE WHICH MEMBERS OF THE BOARD HE WANTS TO BE HERE FOR WHEN HE PRESENTS HIS CASE OR HER CASE. I THINK IT SHOULD BE WE HAVE IT AT THE NEXT MEETING AND WHOEVER IS HERE IS HERE.

AND YOU KNOW? BECAUSE IT DEMEANS THE OTHER BOARD MEMBERS BY SAYING WELL, YOUR REVIEW DOESN'T HAVE THE SAME VALUE. WE HAVE TO WAIT FOR OTHER BOARD

MEMBERS. >> CHAIR: I UNDERSTAND THAT.

THANK YOU, MEGAN AND I UNDERSTAND THAT AND I DO BELIEVE THAT TODAY WE WILL NOT RESOLVE THIS.

I DON'T BELIEVE WE WILL RESOLVE THIS IN JUNE WITH JOHN GONE AND THREE AND THREE MEMBERS MOTION IS ON THE TABLE THAT WE HAVE TO VOTE ON SO ANY OTHER COMMENTS TO SWAY THE VOTE?

>> BOARD MEMBER: MY COMMENT WOULD BE THAT I WOULD LIKE BE HERE FOR IT BECAUSE I FEEL LIKE I HAVE A VERY GOOD ARGUMENT AND SO, MY STATING THAT FOR THE BOARD TO AVOID THAT I WISH FOR THE MOTION TO GO FORWARD AS STATED.

I WILL BE IN SCOTLAND AND I'M NOT SURE WHERE IN SCOTLAND.

[2. PVZVAR22-06 Liotta Residence. Request for a Zoning Variance to PVZDR, VIII.I.2.d to allow for the driveway to exceed the maximum allowance, and Section VIII.N.2 regarding the height and separation of retaining walls designed to add cumulative height.]

>> BOARD MEMBER: HOPEFULLY ON A GOLF COURSE.

>> CHAIR: ANY OTHER COMMENT BEFORE WE VOTE? WHO TURNS ON THE VOTING MACHINE?

WHO TURNS IT ON? >> BOARD MEMBER: MADAME CHAIR AS WE ARE LITTLE SHORTSTAFFED MAY BE A VERBAL VOTE MIGHT WORK

FOR US TODAY? >> CHAIR: OKAY.

>>. [VOTING]

>> CHAIR: THE MOTION PASSES ITEM 1 IS CONTINUED.

OKAY, ITEM NUMBER 2, BRAD? >> GUEST SPEAKER: THANK YOU, BRAD WESTER, 1123 PONTE VEDRA BOULEVARD AFFECTIONATELY KNOWN AS THE LEOTA RESIDENCE APPEARED WE ASKED FOR THREE ZONING REQUESTS. ONE WAS A DRIVEWAY, RETAINING WALL AND HEIGHT. WE HAD THE STAFF LOOK AT THAT AGAIN TO COME UP WITH THE QUANTITIES AND CALCULATIONS AND WORK WITH THE COUNTY ON WHERE WE ARE WITH THE DELTA OF THE NEEDED FILL. AT THE TIME OF THE SUBMITTED APPEARANCE REQUEST WE WERE ABLE TO ELIMINATE TWO OF THOSE VARIANCE REQUEST AND SAID THAT INFORMATION AND I HAVE EMAIL AND DIALOGUE WITH THE OPPOSING PROPERTY OWNERS COUNSEL AND INDICATED WHERE WE ARE WITH THE STATUS OF THE PLAN WE WILL MAKE AN UP LOCATION REVISION. I PUT FAITH IN MY STAFF AND IN MY TEAM TO TRY TO ELIMINATE THAT THIRD VARIANCE TO COMPLETELY ELIMINATE THE APPLICATION ALTOGETHER.

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I TOLD MS. SMITH THAT SHE DID NOT NEED TO SHOW UP-TO-DATE BECAUSE I PLEDGE TO HER THAT WE WOULD GET THIS CONTINUED.

AND SO, I ASK FOR A CONTINUANCE UNTIL THE NEXT HEARING AT THE TIME IN THEM HOPING WE DON'T HAVE ANY ITEMS. IF OUR ENGINEERING AND ARCHITECT LANDSCAPER CAN WORK THROUGH THE RETAINING WALL AND IT IS CENTRALLY LOCATED YOU WOULD NOT SEE SEE IT FROM THE ROADWAY OR OTHER PROPERTY OWNERS I WOULD BE ABLE TO WITHDRAW THE APPLICATION.

I TOLD ELLEN THAT WE NEED ABOUT TWO MORE WEEKS AND I THINK BY MID-MAY WHICH WOULD BE WHEN THE STAFF WOULD BE ORGANIZING THE NEXT STAFF REPORT AND PUT IT ON THE AGENDA WE WILL KNOW CONCRETELY WHERE WE ARE. I APPRECIATE WORKING WITH ELLEN, SHE SENT EMAILS TO THE COUNTY BUT AT THIS TIME I RESPECTFULLY ASK FOR A REQUEST FOR A CONTINUANCE WITH THAT

ITEM. >> CHAIR: I WAS GOING TO MAKE THAT COMMENT THAT ELLEN HAD ASKED FOR A CONTINUANCE BECAUSE THEY JUST FOUND OUT ABOUT THIS AND SHE DIDN'T HAVE ENOUGH TIME TO STUDY IT AND GIVEN THAT THEY ARE IN CONSULTATION RIGHT NOW TO TRY TO GET RID OF THE VARIANCE I THOUGHT IT WOULD BE A GOOD IDEA TO CONTINUE THIS PEER LET'S HEAR COMMENTS FROM THE BOARD BEFORE WE MAKE A MOTION AND TAKE A VOTE ON THE

CONTINUANCE ON ITEM NUMBER 2. >> BOARD MEMBER: I THINK IT IS WISE TO CONTINUE IT AND THE ONLY REQUEST I HAVE IS THAT IF YOU HAVE A REMAINING VARIANCE ANY MATERIALS THAT YOU INCLUDE BE SLIGHTLY LARGER BECAUSE IT WAS VERY DIFFICULT FOR ME TO

READ THE NUMBERS. >> BOARD MEMBER: AND IN ELEVATION WHICH I KNOW YOU LIKE AND APPRECIATE.

IT WITH THE RETAINING WALLS. I AGREE.

I'M WITH YOU. >> GUEST SPEAKER: WE HAVE FANTASTIC ARCHITECTS FROM SOUTH FLORIDA LANDSCAPE ARCHITECTS THAT HAVE PROVIDED SOME -I WANTED TO SHOW YOU GUYS TODAY BUT THEY HAVE PRODUCED SOME ANTACID DRAWINGS AND GRAPHICS BUT NEVERTHELESS WITH STAFF WE ARE RIGHT AT DELTA WE NEED TO BE JUST UNDER THAT FOR THE ALLOWANCE AND CODE.

SO WE INCLUDED A VARIANCE REQUEST JUST LIKE THAT JUST IN CASE SO WE GOT THE QUANTITIES AULBACH.

I AM HAPPY TO REPORT THAT WE ARE WORKING IN CONCERT WITH THE PROPERTY OWNERS AND THEY DID GET NOTICE AND SHE DID JUST

FIND OUT ABOUT IT BUT - >> CHAIR: I THINK THOSE WERE

HER WORDS. >> GUEST SPEAKER: THAT'S RIGHT.

>> CHAIR: DO I HEAR A MOTION TO CONTINUE THIS ITEM?

TO THE NEXT MEETING? >> BOARD MEMBER: I MOVE THAT WE CONTINUE THIS ITEM TO THE NEXT MEETING.

>> BOARD MEMBER: SECOND. >> CHAIR: ANY COMMENTS? ALL IN FAVOR SAY AYE. OKAY, PASS.

[3. PVZVAR22-7 955 PV Boulevard. PVZVAR 2022-7 955 PV Boulevard, Request for a Zoning Variance to PVZDR Section VIII.D, to allow for the construction of a home seaward of the Coastal Construction Control Line (CCCL), Section VIII.I.2.b(2) and VIII.I.2.d to allow for the driveway and pad fill to exceed the maximum allowance, and Section VIII.N.2 to exceed the retaining wall allowances.]

>> BOARD MEMBER: FOR THE RECORD THAT MEETING IS JUNE SIX.

>> CHAIR: THANK YOU. JUNE SIX.

IS THE PERSON HERE FOR ITEM NUMBER 3 ALL RIGHT.

BRAD WESTER. >> GUEST SPEAKER: I DON'T KNOW FOR AN EMPTY ROOM IS A GOOD OR BAD OMEN BUT I HAVE BEEN THROUGH MANY OF THESE AND IT'S RARE TO SEE A COMPLETELY EMPTY ROOM. NICE NOT TO HAVE ACQUISITION.

THAT MEANS WE DID OUR HOMEWORK AND OUR JOB TO ADDRESS SOME CONCERNS THE THIRD ITEM. BRAD WESTER DRIVER MCAFEE, PVZVAR22-7 955 PV BOULEVARD. PVZVAR 2022-7 955 PV BOULEVARD, THERE IS SOME ACTIVITY PUBLICLY WHERE THEY ARE USING ONE OF THE PROPERTY BEACH ACCESS POINTS. IT IS A FEMA BERM REPLENISHMENT PROGRAM REALLY HIGH DUNES SOME EXTRAORDINARY TOPOGRAPHIC CONDITIONS. I HAD MY COASTAL ENGINEERING EXPERT HERE WITH ME AND I LIKE HIM TO RUN THROUGH THIS PRE-THIS WAS HEARD MOST RECENTLY BACK IN 2017 BY THE PIB AND IT WAS DENIED IN AND HEARD AT THE COUNTY COMMISSION AND WAS APPROVED UNANIMOUSLY AND, YOU KNOW, SINCE THEN THE QUESTION WOULD BE ASKED, WHAT HAPPENED? THERE'S A LOT THAT HAPPENS. OVERT WAS A PART OF WHAT HAPPENED, A NUMBER OF OTHER THINGS PERSONALLY THAT HAPPENED BUT THEY DID NOT GET THE PARENTS SHEET COMMITTED ON TIME TO VEST US WITH THE PREVIOUS APPROVAL WHICH WAS 2018.

[00:30:04]

FOR SOME OTHER DUNE REPLENISHMENT PROGRAMS GOING ON AND COASTAL ARMORY. BUT WHAT I WOULD LIKE TO DO AT THIS TIME IS TURN IT OVER TO MY RESIDENT EXPERT WHO HAS CONTINUITY WITH THIS PROJECT DATING ALMOST 10 YEARS NOW WITH THIS SPECIFIC PROPERTY. HE HAS PULLED TOGETHER A PRESENTATION BUT I AM THE APPLICANT AGENT BUT IN CONCERT WITH KEVIN PARR TELL I WOULD LIKE HIM TO DO HIS PRESENTATION WHICH IS REALLY JUST HARDLINE FACTS AND FINDINGS OF FACTS WITH THIS MATTER AND I WILL BE AVAILABLE AS YOU NEED MOVING

FORWARD WITH THIS. >> CHAIR: THANK YOU, BRAD, I WANT TO REMIND THE BOARD THAT THE HEARING WE HAD TODAY IS QUASIJUDICIAL AND ALSO A DID NOVO HEARING SO WHILE THIS WAS APPROVED IN THE PAST AND WE WOULD CONSIDER ANYTHING CHANGE WHERE THEY DID NOT PROVE A HARDSHIP OR DID PROVE A HARDSHIP WE WANT TO CONSIDER THE FACT THAT WE ARE TODAY IN TERMS OF THE CONSIDERATION OF THIS AND THANK YOU, BRAD, I

APPRECIATE IT. >> GUEST SPEAKER: THANK YOU.

ND I WILL SAY THIS FURTHER THAN THAT VARIANCE WE ARE ASKING FOR IS TO BUILD PAST THE COASTAL CONSTRUCTION LINE.

SOUTH OF SAWGRASS IS THE BUILDING RESTRICTION LINE.

SO, WE CAN GO OVER THE DISTANCES ON THAT THERE IS A SMALL PORTION OF THE ACTUAL HEATED AND VENTILATED COLD HOUSE ITSELF HAS PASSED THE COASTAL CONSTRUCTION LINE.

REST OF IT IS ACCESSORY STRUCTURES AND POOLS AND WHATNOT. THE OTHER IS THE INCREASED FILL ABOVE THE GRADE FOR THE BUILDING PAD.

THE OTHER IS DRIVEWAY FILL TO A MAXIMUM OF EIGHT FEET IS ACTUALLY OUT THERE NOW. I DON'T KNOW IF YOU VISITED THE SITE BUT THERE IS A DRIVEWAY WITH A COMBINATION OF 57 STONE AND CRUSHED CONCRETE RECYCLE PRODUCT TO ACCESS THE HOUSE PAD FROM THE PREVIOUS PERMIT. AND THEN ALSO CONSTRUCTION OF RETAINING WALLS.WE HAVE A RETAINING WALL TO HELP WITH THE DRIVEWAY SO YOU DON'T HAVE EROSION AND TRAINING AND WHATNOT. IT HELPED THE STRUCTURAL OF THE DRIVEWAY. I WILL TURN IT OVER TO KEVIN THOSE ARE THE VARIANCE REQUEST. THE ONE ITEM WAS THE COASTAL CONSTRUCTION CONTROL LINE WHICH TOOK THE FOCUS OF THE ENTIRE REQUEST AND THE OTHERS WEREN'T THE ISSUE BUT I KNOW SOME OF YOU KNOW ABOUT THAT ON THE BOARD BUT I WILL TURN IT OVER

TO KEVIN NOW. >> CHAIR: THANK YOU BRAD.

YOU REMEMBER WHEN I STARTED MY OPENING COMMENTS AND I SAID I HAD BIG SHOES TO FILL AND ASK FOR ADVICE? THE FORMER BOARD CHAIR REMINDED ME THAT WE NEED TO PULL THE PEOPLE ON THE BOARD TO SAY DID YOU VISIT THE SITE AS BRAD MENTIONED? DID YOU VISIT THE SITE AND DID YOU TALK TO ANYBODY ABOUT THIS. WE WILL START WITH RICH.

>> BOARD MEMBER: I BICYCLED BY THE SITE AND I SPOKE WITH NO

ONE. >> CHAIR: MEGAN?

>> BOARD MEMBER: I WALKED BY THE SITE THAT I DID NOT TALK TO

ANYONE. >> BOARD MEMBER: I'M FAMILIAR WITH THE SITE AND I CHATTED WITH NO ONE.

>> CHAIR: AND WENT BY THE SITE AND I DID NOT TALK TO ANYONE ABOUT IT. JOHN?

>> BOARD MEMBER: I WENT BY THE SITE AND I DID NOT TALK TO

ANYONE. >> GUEST SPEAKER: GOOD AFTERNOON. KEVIN PARR TELL, ADDRESS]. I WOULD LIKE TO LET YOU ALL KNOW THAT I THANK YOU FOR LETTING ME APPEAR.

REEF BACKGROUND I GRADUATED COLLEGE WITH A BA IN SCIENCE AND MY MAIN THING IS INTERACTION WATER AND LAND.

I WORK FOR THE CITY OF VIRGINIA BEACH FOR TWO YEARS AND THEN I WORKED FOR THE STATE OF FLORIDA FOR ALMOST 5 YEARS AS A NORTHEAST COAST ENGINEERING TECH.

BASICALLY WHAT I DID WAS I HAD 200 MILES OF SHORELINE FOR THE STATE OF FLORIDA AND DID MY DUE DILIGENCE FOR THEM AS APPLICATIONS CAME THROUGH FOR THE DEPARTMENT.

BACK IN 1990 I WENT OUT ON MY OWN AND I HAVE TRIED TO BE SUCCESSFUL EVER SINCE. IF I MAY I WOULD LIKE TO START WITH THE PROPOSAL. BRAD BASICALLY WENT OVER EVERYTHING BUT TO GIVE YOU A LITTLE MORE HISTORY ABOUT ME, I HAVE BEEN INVOLVED WITH THE PROJECT SINCE DAY ONE.

MR. BRANDON AND I HAD BECOME FRIENDS OVER THE YEARS AND AT ONE POINT WHEN HE WAS CONSIDERING SELLING IT THIS WAS BACK IN 2012 HE ASKED ME, WHAT CAN WE DO WITH RESPECT TO SEEING WHAT THE DEPARTMENT WILL ASK? AND I SAID LET'S FORWARD A CONSULTATION, GET A NEW SURVEY, DRAW ON THE SURVEY WHERE WE CAN APPROXIMATELY LOCATE THE HOUSE AND MAKE AN ARGUMENT WITH RESPECT TO WHERE THE HOUSE IS LOCATED. AS WE GO THROUGH I DID THAT FOR

[00:35:03]

AS YOU SEE THE BLUE BOX IS US PAND WHAT I DID WAS PICK 10 HOMES TO THE SOUTH 10 HOMES TO THE NORTH AND THIS IS JUST SOME PAPERWORK THAT HE PUT IN AND I APOLOGIZE.

WE SHOW THE ZONING AND FUTURE LAND USE MAP.

THIS PICTURE WAS TAKEN RIGHT AFTER THE STORM CATEGORY FOR THIS WAS AFTER THE SECOND HURRICANE WE HAD MADE APPLICATIONS TO A VARIANCE AND PRIOR TO JANUARY WHICH WE WERE DENIED SEPTEMBER OF 2017 THE SECOND HURRICANE DID NOT HIT IN THE BOARD AND EVEN THOUGH THEY DENIED IT AND WAS PROVE DULY APPROVED BY THE COMMISSION THEY HAD SOME APPREHENSION.

WE HAD JUST GONE THROUGH A STORM AND THERE WAS NO PLAN WITH RESPECT TO WHAT WAS CAN BE DONE AND HOW IT WOULD BE AFFECTED. I UNDERSTAND WHY THE BOARD DENIED IT. WHAT I'M TRYING TO SHOW HERE, THIS IS 2018 THE PHOTO WAS TAKEN JUST BEFORE THE COUNTY COMMISSION MEETING. THIS IS THE SAME PHOTO LOOKING NORTH AND AS YOU LOOK NORTH YOU CAN SEE HOW THE SHORELINE DRESSES DOWN. THE HEIGHT OF THAT DUNE STRUCTURE OF 30+ FEET START STRESSING DOWN AS YOU HEAD NORTH AND THEN YOU GET A NICE DUNE FRENCH WHERE YOU HAVE AN X CARTMAN ASSOCIATED WITH A LARGE DUNE STRUCTURE.

THE DUNE FRENCH ACTS AS A WAVE IS A PETER AND DOESN'T ALLOW FOR THE SAME TYPE OF EROSION CHARACTERISTICS AS WELL AS IT ALSO DISSIPATES ENERGY AS THE WATER RUNS UP THE DUNE SLOPE, RUNS THROUGH THE GRASS AND SLOWS DOWN THE VELOCITY OF IT.

THIS ONE IS LOOKING AT THE HOUSE AND TO THE SOUTH AND SO YOU CAN SEE TO THE SOUTH WE HAVE THREE LARGE OLD HEAD.

THE THREE LARGE BULKHEADS ARE PUT IN AFTER THE STORM OF 2016.

AND, RIGHTLY SO BECAUSE OF THE SEAWARD DISTANCE BECAUSE OF EACH OF THE HOUSES EXTENDED MR. BRANDON FOR INSTANCE HE'S THE ONE IMMEDIATELY TO THE SOUTH OF THIS HE IS AT 60 FEET OR SO.

AS YOU GO FURTHER SOUTH 61 WAS APPROVED AT 65 FEET AND THEN 963 WAS AT 70 FEET. YOU CAN SEE CONSISTENTLY THEY ENCROACH FURTHER AND FURTHER OF WHAT WE ARE REQUESTING NOW.

WHAT IS OUR HARDSHIP. IT'S DUE TO UNIQUE NATURAL IN DELETION OF THE SUBJECT PROPERTY THAT VARIES IN HEIGHT OR THAN 12 FEET AS WELL AS THE ADOPTION OF THE COASTAL CONSTRUCTION PLAN IT IS AREAR SETBACK LAND WHICH FORCES ANY PROPOSED STRUCTURE BE LOCATED AT THE LOWEST PORTION OF THE DUNE FEATURE WHICH WOULD SEVERELY LIMIT THE USABILITY OF THE PROPERTY. THIS IS NOTHING THAT WE DID IT'S JUST GIVEN THE FACT THAT WE HAVE A VERY LOW DUNE THAT DROPS DOWN FROM THE ROAD HEIGHT AT LEAST FIVE FEET AND THEN GOES BACK UP 12 OR SO FEET AND THEN BASICALLY TALES OUT AT 22 TO 23 FEET. ADDITIONALLY WE HAVE A GRADING AMOUNT OF IMPACTS THAT WOULD BE CAUSED AS NATURAL CHARACTERISTICS OF THE AREA ALONG WITH THE PROPERTY DUE TO THE REMOVAL OF 10 LARGE CANOPY TREES.

EIGHT LIVE OAKS AND TWO MAGNOLIAS 1925 INCHES AND THAT CURRENTLY EXIST IN THE FOOTPRINT OF THE PROPOSED STRUCTURE SO I'M GOING BACK ONE, TWO, THREE AND TWO WOULD BE BETTER. IF YOU SEE THE SAND AT MR. BRENNAN'S HOUSE SO THE CHIMNEYS ARE THERE ARE TWO WHITE STRUCTURES AND THAT'S ABOUT THE 40 FOOT LINE.

THE LINE ON THOSE SIDES OF THE STRUCTURES.

SO, THOSE TWO POINTS RIGHT THERE ARE APPROXIMATELY WHERE WE ARE TRYING TO ACHIEVE THE LOCATION OF THE HOUSE EXCUSE ME THE LOCATION OF THE COVERED PORCH.

THE HOUSE IS ONLY COMING OUT TO 25 FEET.

APPARENTLY YOU ALL VISITED THE SITE AND IF YOU DID YOU WOULD SEE THAT THERE IS A LARGE CANOPY OF BEAUTIFUL TREES ALL

[00:40:01]

AND WE FIGURED APPROXIMATELY WE FIGURED THAT USING THE LOCATION OF THE TREES WOULD THEN WORK THE DRIVEWAYS AND PLACEMENT OF STRUCTURES AROUND IT. SO, WHAT I DID IS TOOK A COPY OF THE SURVEY AND I JUST DREW A LINE ON IT TO SHOW YOU HOW QUICKLY YOU CAN COME UP WITH THE 15 AS FAR AS THE PAD ELEVATION. WE HAVE 10 TO 15 FEET ON THE WEST SIDE OF THAT LINE AND THEN I HAVE 15 TO 20.

SO. >> CHAIR: CAN YOU USE YOUR

POINTER AS YOU TALK? >> YES.

IN THIS REACH HERE THIS IS 10 TO 15 AND ON THE SIDE IT DRESSES FROM 15 TO 20. GIVEN THE WAY THAT YOU INTERPRET THE INTEGRATED AVERAGE YOU START AT THE CONTROL LINE SET UP A 10 FOOT GRID THIS WAY IN THIS WAY UP TO PTHE 40 FOOT COPY LINE AND THEN ADD UP ALL THE NUMBERS IN HERE WHICH THE INTEGRATED AVERAGE CAME OUT TO 15.5.

AS I PROCEED YOU WILL SEE WHERE HERE IS WHERE I PUSHED THE WRONG BUTTON SORRY.ERE IS OUR PROPERTY RIGHT HERE.

THE REASON I CHOSE THIS IS THIS IS YOUR ST. JOHN COUNTY ELEVATION SHEET ALONG THE SHORELINE.

AS YOU CAN SEE WHAT I DID IS EVERYTHING BELOW 15 I HAVE IDENTIFIED HERE, HERE AND HERE. NOW, IN THE HISTORIC GRID THIS IS BELOW 10. SO AS YOU SEE AS WE GO FURTHER SOUTH THE EXCHANGE I HIT THE WRONG BUTTON I AM SORRY.

AS YOU CAN SEE WHEN WE GO FURTHER SOUTH WE HAVE 30S UP ON TOP AND TINS DOWN HERE AND NOW WE ARE TRAVERSING 10 TO 20 FEET IN THIS REACH OF SHORELINE AND THE REASON WHY I EXPLAINED REACH WAS TO SHOW THAT THIS PORTION OF THE SHORELINE IS COMPLETELY DIFFERENT FROM THIS PORTION.

THIS AREA OVER HERE HAS 10 AND 15, 2025 AND THEN I THINK THERE IS A LITTLE BIT OF 30 UP IN THIS AREA.

HOWEVER, THE ROADWAY PRETTY MUCH DRESSES FLAT OUT FROM THIS AREA WHERE AS YOU HAD FURTHER SOUTH IT DROPS FURTHER DOWN AND THEN COMES BACK UP TO THE DUNES.

IT HAS TREATED A VERY UNIQUE SITUATION FOR THE WAY IT BECAUSE THE LIMITATION PLACED BY THE COASTAL CONSTRUCTION CONTROLLING WHEN IT WAS A DOCK. WHAT I TRIED TO DO WAS GIVE YOU AN IMPRESSION OF WHAT IT WOULD LOOK LIKE.

THIS BEING 15 RIGHT HERE THIS IS WHERE THE HOUSE WOULD BE BUILT. ONLY UP TO THE CONTROL LINE AND ONLY TO THAT POINT. SO, THE WHOLE FIRST FLOOR WOULD BE COVERED WHEREAS IF WE WERE PERMITTED TO ALLOW US TO GO TO 22 FEET WHICH IS WHAT WE HAVE CONSISTENTLY ASKED FOR THROUGH THE LAST THREE VARIANCES AT LEAST ON MY BEHALF I HAVE, THIS WOULD GIVE THEM THE OPPORTUNITY THEN TO BE ABLE TO BUILD ON THE PROPERTY, SEE THE OCEAN, LIMIT THE HOUSE TO 25 AND THEN WE WOULD THEN HAVE COVERED PORCHES AND POOLS OUT TO 40.

BASED ON THIS, THIS IS JUST A QUICK RENDITION AND I APOLOGIZE FOR THE WAY I DRAW BUT 65 I DON'T KNOW HOW TO USE A COMPUTER. WHAT I TRIED TO DO WAS SHOW IF YOU APPROVED NOTHING THEN THIS IS WHAT THE PROPERTY OWNER WOULD BE SUBJECT TO. IF YOU DID APPROVE IT, THIS IS WHAT THE PROPERTY OWNER WOULD BE SUBJECTED TO WHICH IS WHAT WE HAVE CONSISTENTLY ASKED FOR ALL THREE TIMES.

NOW, AS I GO, THIS IS THE FIRST LETTER I WROTE, I REQUESTED FORMAL CONSULTATION FROM TALLAHASSEE.

WE PROVIDED THEM WITH A SURVEY ALONG WITH THIS NICE, HAND DRAWN RENDITION TO SHOW THE APPROXIMATE LOCATION OF WHAT MR. VERNON AND MYSELF HAD TALKED ABOUT BACK IN 2012 AS A REASONABLE LINE OF CONSTRUCTION WASTE ON THE DEPARTMENT'S RULES. SO, HAVING SAID THAT, WE GOT THAT APPROVED AND WE PROCEEDED. MR. BRENNAN THEN SOLD THE PROPERTY TO MY CLIENTS, PONTE VEDRA 955 PONTE VEDRA HOME AND AT THAT TIME BUT STILL REQUESTED TO TALLAHASSEE A SECOND LETTER TRYING TO PROVIDE DOCUMENTATION TO YOU ALSO THAT WE COULD GET SUPPORT FROM TALLAHASSEE SAYING YES, WE SEE YOUR WANTS AND DESIRES AND WE UNDERSTAND.

WE'VE DONE OUR CALCULATIONS AND YES WE CAN APPROVE THIS PROJECT. SO, WHEN WE GO BACK MORE TIME.

[00:45:05]

SO LO AND BEHOLD COME TODAY, I FELT THAT IT WAS NECESSARY TO COME BACK, TO TALLAHASSEE, SEND THEM AN UPDATED SURVEY AND ASKED HIM THE QUESTION WHAT TIME CAN WE GO TO 40 FEET? CAN WE FILL IT, CAN WE DO THIS? ND AS I SAID DAVID WROTE IN HERE A MAXIMUM DISTANCE OF 40 FEET WHICH PRECIPITATED THIS NEXT DRAWING WHICH WE SHOW IN RED WE DROVE THE POOL BACK FROM HERE TO THERE. WE DRUGGED THE POOL BACK FIVE FEET AND BASED ON THAT TALLAHASSEE SAID YES, WE CAN APPROVE THIS PROJECT SO THE IDEA THAT WE ARE TRYING TO DEMONSTRATE HIS CONSISTENCY OVER THE LAST 10 YEARS.

WE HAVEN'T ASKED FOR ANYTHING MORE WE HAVEN'T ASKED FOR ANYTHING LESS. WE HAVEN'T INCREASED THE USE OF IT WE JUST LOOK FOR CONSISTENCY AND IN USING THIS PROPERTY SIMILAR TO WHAT WAS ON THE ADJACENT PROPERTIES.

SOY CHOSE THIS PICTURE AGAIN JUST TO BE ABLE TO DEMONSTRATE THE LOCATION OF THE HOMES IN THIS PORTION OF THE SHORELINE.

EACH ONE OF THESE ZONES THAT HAS A 60 FOOT OF THE CONTROL LINE WOULD LIKE TO BACK UP A SECOND BACK IN 1986 ALLOWS WORKING FOR THE STATE THEY HAVE A TWO-YEAR PUBLIC HEARING PRIOR TO THE RELOCATION OF THE COASTAL CONSTRUCTION CONTROL LINE AND IN ST. JOHN'S COUNTY ALONE WHEN WE RESET IT IT WAS 140 PERMITS THAT WERE POLLED WITH ANYTHING FROM ONE PILE IN THE GROUND TO HOMES BEING UNDER CONSTRUCTION TO BE THE LINE AND TO BE THE LINE WAS I DON'T WANT TO PUT IT ON PILES I DON'T WANT TO GET THE HOUSE BACK I JUST WANT TO DO WHAT I WANT.

AND AGAIN AT THAT TIME IT WAS ACCEPTABLE.

HOWEVER, BECAUSE OF THE RELOCATION IN THE CONTROL LINE AND NOW WE ARE BACK HERE. STIR BRENNAN GOT A 60 FEET SEAWARD RICHARD SKINNER GOT APPROVAL IN 2014 TO PUT THIS HOUSE 65 FEET SEAWARD. 963 THIS ONE IS AT 70 FEET.

965 WHICH IS REMOVED NOW RIGHT HERE WHICH IS REMOVED NOW THAT WAS APPROVED IN 2012 FOR 44.7 FEET.

SO THIS IS 969 LET ME MAKE SURE I'M SAYING THE RIGHT ONE.

THIS ONE IS 967 AND IT IS AT 76 FEET AND THEY WILL BEFORE THE CONTROL LINE. 969 IS THE NEXT ONE AND THEY ARE AT 80 FEET SEAWARD. 971 THEY ARE AT 72 FEET SEAWARD 973 WAS GRANTED A VARIANCE IN 2016 TO GO, THEY WERE AT 60 FEET SEAWARD AND WERE REDUCED DOWN TO AND THEN 941 WHICH IS JUST OUT OF THE PICK SURE THAT WAS THE DUKE HOUSE AND JILLIAN THEY WERE GRANTED A VARIANCE FOR 60 FEET BACK IN 2005.

WHAT I WAS ATTEMPTING TO DEMONSTRATE HERE IS THAT THE CONSISTENCY OF THE SHORELINE ALONG THE SOUTHERN REACH IS WHAT CAUSES US TO COME HERE. IT IS THAT WE EITHER BUILD DOWN HERE IN THE CANOPY AND DESTROY AS MANY TREES AS POSSIBLE BECAUSE THAT IS WHERE THE CANOPY IS OR ATTEMPT TO BUILD UP HERE ON TOP OF THE DUNE AND ELIMINATE SOME OF THESE PALM TREES RATHER THAN GET INTO THE CANOPY AND AGAIN, IT CAUSES AND

[00:50:02]

SO THIS SURVEY WAS DONE SOMETIME AND LET ME LOOK AT MY NOTES BECAUSE I DO HAVE IT. I THINK IT WAS DONE SOMETIME IN JANUARY JUST BEFORE, JANUARY OF 18.

THIS WAS CONDUCTED IN JANUARY OF 18.

THIS IS PRIOR TO THE STORM. THIS WAS DONE THIS SURVEY WAS DONE IN 2018 PRIOR TO THE SECOND STORM HITTING.

THIS IS RESTORATION THAT WAS PERFORMED AND THERE IS THE BULKHEAD OF MR. BRENNAN'S TO THE SOUTH.

THE QUESTION WAS ASKED HOW MUCH DUNE RESTORATION OR HOW MUCH DUNE WAS DAMAGED DURING THE STORM? WE TOOK A NEW SURVEY AND I'M GOING TO CHANGE THIS ONE SECOND. HERE'S WHAT I WANT TO SHOW.

THIS IS A SMALLER COPY OF THE ONE I WAS JUST POINTING AT AND THAT IS OUR BRAND-NEW ONE. HERE IS THE WALL AGAIN.

HERE'S THE FILL THAT USED TO BE OUTSIDE OF IT AND IF I GO BACK AGAIN THERE IS THAT WALL. SO WHAT I AM TRYING TO DEMONSTRATE IS EVEN AFTER THE STORM, 2018 STORM EVEN AFTER THE LAST NOVEMBER NORTHEAST OR THE SHORELINE HAS ONLY REDUCED APPROXIMATELY 18 FEET IN TOW FROM ONE POINT TO THE OTHER SO AT ITS CURRENT POINT HERE FROM WHERE IT WAS JUST OUT HERE IN

FRONT OF THE WALL. >> CAN YOU POINT ON THIS MAP TO WHERE THE HOUSE WOULD BE BUILT?

>> YES MA'AM. IF YOU SEE MR. BRENNAN IS 60 FEET FROM HERE TO HERE AND WE WOULD BE ON THE SIDE OF THE CORNER. THE HOUSE WOULD ONLY EXCEED TO 25 FEET. IT WOULD BE BACK IN HERE AND THEN THE EXTRA 15 FEET WOULD BE BEYOND THE ONE POINT.

SO, IT WOULD BE BUILT BEHIND THE NORTHEAST CORNER OF THAT.

BASICALLY RIGHT ON THE FLASK BUT OF THE DUNE.

WE WOULD HAVE A LITTLE BIT OF DRESSDOWN IN THIS AREA BUT FOR THE MOST PART IN THIS AREA. SO I WENT UP LAST WEEK WITH RAD AND I TOOK A COUPLE OF QUICK PICTURES AND SO, THIS IS ALL TAKEN LAST FRIDAY. THERE IS THAT WALL.

THERE'S NO SIGNIFICANT TOW REDUCTION, NO SIGNIFICANT DUNE PROBLEM OR EROSION DUE TO THE NORTHEASTER.

SIGNIFICANT VERSUS SUBSTANTIAL I DON'T THINK EITHER ONE OF THOSE WORDS WORK. THIS IS UNPROTECTED, UNVEGETATED MIGRATORY SAND. UNTIL IT IS STABILIZED IT IS NOT A DUNE AND IT DOES NOT HAVE THE SAME CHARACTERISTICS WITH RESPECT TO IT BUT IF IT WAS FULLY VEGETATED IT WOULD NOT TAKE AS BIG OF A HIT. THIS IS ANOTHER PICTURE I TOOK TAKEN FROM FRIDAY AND WHAT I WAS TRYING TO DEMONSTRATE HERE IS THE CONSISTENCY EVEN AFTER THE STORM IT STILL HASN'T CHANGED SIGNIFICANTLY. YOU CAN STILL SEE THAT THE WALL IS HERE THE HOUSE AND WALL WERE FULLY INTACT AND AGAIN AS WE GO NORTH EVERYTHING DRESSES DOWN SO YOU DON'T GET THE

SIGNIFICANT DUNE LEFT EROSION. >> BOARD MEMBER: CAN YOU SUMMARIZE WHAT THE HARDSHIP CASE IS HERE?

>> GUEST SPEAKER: YES SIR, THE HARDSHIP IS BASICALLY GIVEN THE UNIQUENESS OF THE PROPERTY GIVEN THE NATURAL SETTING OF THE CANOPY GIVEN THE LOCATION OF THE TREES THAT WE WANT TO PRESERVE HARDSHIP IS TRULY JUST TRYING TO GET REASONABLE USE OF THE PROPERTY. DO NOT HAVE REASONABLE USE WITHOUT THE VARIANCE BEING GRANTED.

YOU CAN'T SEE THE OCEAN WHY WOULD YOU BUY AN OCEANFRONT PIECE OF PROPERTY AND NOT BE ABLE TO SEE THE OCEAN?

>> CHAIR: IT IS THE TOPOGRAPHIC NATURE OF THE PROPERTY? OF WHERE YOU WOULD HAVE TO PUT THE HOUSE? DID THAT ANSWER YOUR QUESTION? I WANT TO ASK A QUESTION ONLY TO FIGURE OUT HOW TO PROCESS THIS THROUGH THE BOARD AND THAT THE ONLY REASON I'M ASKING THESE QUESTIONS THEY ARE NOT BOARD QUESTIONS PER SE BUT YOU HAVE MANY VARIANCES HERE AND

[00:55:01]

>> GUEST SPEAKER: IN ORDER TO STABILIZE THE PROPERTY, THE VARIANCE FOR THE WALLS ARE REQUESTED TO PROTECT THE TREES

AROUND IT BECAUSE. >> CHAIR: IS A WHOLE PACKAGE?

>> GUEST SPEAKER: YES MA'AM. .

>> CHAIR: THAT'S WHAT I WANTED TO KNOW BECAUSE THERE ARE

MULTIPLE VARIANCES. >> BOARD MEMBER: MY THOUGHT ON THAT IS IF THEY MOVE THE HOUSE TO THE WEST THEY MIGHT NEED

MORE RETAINING WALLS. >> CHAIR: THEY MIGHT.

WE WILL TAKE THIS AS AN ENTIRE PACKAGE AND WE WILL LET YOU TO CONTINUE TO MAKE COMMENTS AND THEN WE WILL HAVE THE BOARD ASKED QUESTIONS TO BOTH OF YOU. I UNDERSTAND WE ALSO HAVE A COUNTY ENGINEER HERE THAT CAN ALSO.> BOARD MEMBER: SOME OF THESE ITEMS? WE WILL GIVE A CHANCE FOR THE COUNTY ENGINEER TO TALK BUT CONTINUE ON WITH YOUR OTHER

VARIANCE ITEMS. >> GUEST SPEAKER: THANK YOU.

IN SUMMARY WE HAVE SOME PRELIMINARY NUMBERS THAT IF WE WERE TO MOVE THIS EVEN MORE SEAWARD, I'M SORRY, LANDWARD THE COASTAL CONSTRUCTION CONTROL LINE WE WOULD BRING IN SOMEWHERE NORTH OF 20,000 CUBIC YARDS OF SAND.

TO BRIDGE THAT GAP IF YOU WILL TO STABILIZE A HOUSE PAD BECAUSE AS MR. PATEL HAD SHOWED, THERE IS A NUMBER OF SCENARIOS WHERE YOU ARE GOING DOWN TO 10 FEET, 15 THERE ARE UNDULATIONS IN THIS SPECIFIC AREA AND IN ADDITION TO THE DESTRUCTION OF ALL OF THE CANOPY OAKS ENTRIES AND SPECIES AS OPPOSED TO HELPING US IN THE NATURAL ENVIRONMENT AND TOPOGRAPHY AND DECIDE WHERE THE HOUSE SHOULD BE.

THAT'S REALLY THE FABRIC OF THE ENTIRE AREA AS KEVIN POINTED OUT THE ENTIRE AREA FROM OUR HOUSE THIS LOT SOUTH WE HAVE 10 DIFFERENT ADDRESSES THAT HAVE PROPERTIES THAT GO TO THE CONSTRLINE AND OUR HEATED AND VENTILATED AREA IS ROUGHLY 25 FEET AND THE REST OF THE 48 MAKES UP OUTDOOR STRUCTURES IN THE POOL AND SO FORTH.

THE DETRIMET OF THE TOPOGRAPHICAL CONDITIONS AND WE WOULD HAVE TO ACTUALLY RING IN THAT MUCH MORE FILL AND DESTROY MORE TREES IN THE HISTORIC CANOPY RIGHT THERE THE HARDSHIP IS THAT THE REASONABLE USE AND JUSTIFICATION IN ENJOYMENT OF THE PROPERTY HAS REALLY A DESIGN BY NATURE.

WE ARE TRYING TO LOOK UP ON THE DUNE RIDGE WERE NOT ADDING TO THE DUNE RIDGE, WE ARE JUST BUILDING IN CONCERT TO TAKE A PICTURE OF THE FABRIC OF THE AREA AND THE GOP AUTHORIZING

THAT AS WELL. >> BOARD MEMBER: I HAD A GENERAL QUESTION. DOES THE STATE HAVE ANY PROCESS FOR APPROVING ANY OF THESE SETBACKS OTHER THAN THE

ORIGINAL POSTAL SETBACK? >> GUEST SPEAKER: NO SIR.

ONLY THE COASTAL SETBACK WE HAVE THAT AUTHORIZATION WHICH WE RECEIVED TWO WEEKS AGO AND WE HAVE A LETTER ON RECORD THAT WE SUBMITTED NOTING THE AUTHORIZATION FOR 40 FEET AND THAT IS AFTER THE 200 YEAR STORM AND A REALLY SIGNIFICANT NOR'EASTER. AS WE ALL KNOW THAT NOR'EASTER TOOK OUT MILLIONS AND MILLIONS OF DOLLARS OF FEMA FIRM SAND THAT WAS UNDER REPLACEMENT. IT WAS A VERY SIGNIFICANT EVENT AND IT BARELY MOVE THE NEEDLE ON THE PROPERTY.

HAD DP HAD IT THEY COULD HAVE CERTAINLY SAID NO WE HAVE TO HAVE IT 20 FEET OR THE ZONING REGULATION WHICH IS THE DRL BUT THAT'S NOT THE CASE. I THINK KEVIN ALSO POINTED OUT THAT REALLY IT IS THE CHIMNEY AREA OF THE ABUTTING HOUSE IS WHERE IT IS FAR SEAWARD OF THE CONSTRUCTION LINE OF WHERE THIS HOUSE IS SUPPOSED TO BE. WE ARE NOT TRYING TO SAY THEY DID IT SO WE DESERVE IT OR WE WANT TO BE AWARE THEY ARE IT IS REALLY IN CONCERT WITH BEARS MOST REASONABLE PLACE OF THE DUNE OR THE APPROPRIATE SITING OF A HOUSE PAD BUT TO YOUR POINT THEY REALLY ALL COEXIST WITH THE VARIANCE REQUEST.

WE HAVE DRIVEWAY FILL THE NEEDS ACCESS TO THE HOUSE PAD ENOUGH MINIMAL AMOUNT OF ACCESS OF A HOUSE PAD THROUGH THE ENVIRONMENT TO TAKE LACE TO REMOVE TREES AND IT IS OUT THERE NOW AND THEY GOT A PERMIT OF MARCH OF 2020.

UNFORTUNATELY THAT DID NOT VEST THIS FOR A PARENT SHEET WHERE THEY COULD SAY THAT'S PART OF THIS OVERALL APPROVAL OF 2018

[01:00:03]

WE WANT TO BUILD WHERE WE ARE IN CONTEXT.

ALL THE VARIANCE HE TO BE PACKAGED TOGETHER AND PREVIOUSLY IT GOES TO CONSTRUCTION CONTROL LINE AND THAT WAS THE LEAD NARRATIVE OF THE PREVIOUS DISCUSSION.

WE ARE JUST ASKING FOR RETAINING WALLS TO FILL IN THE GAPS FOR A AND THEN A LITTLE BIT OF FILL TO BALANCE THIS

SITE PAD. >> CHAIR: BEFORE WE ASK ANYTHING ARE THERE ANY OTHER COMMENTS TO THE PRESENTATION?

>> BOARD MEMBER: ONLY WANT TO SEE IS WOULD THIS BE FILLED IF THE VARIANCES WERE APPROVED TO BRING THE GRADE UP TO 22 MAC IT WOULD BE 103 LOADS? WE WOULD HAVE A 138 FOOT SETBACK? IF NOTHING WAS APPROVED WE WOULD HAVE AN 80 FOOT SETBACK AND THEN WE WOULD BE LIMITED TO 50 LOADS IF THE VARIANCE WAS ONLY TO FILL IN THIS REACH IT WOULD BE 335 LOADS. AS WE GO FURTHER WOULD WE ELIMINATE THAT FILL MATERIAL AND IN CONCLUSION THE SUBJECT PROPERTY IS SEVERELY LIMITED DUE TO THE NATURAL TOPOGRAPHY OF THE AREA THE HOMES ARE ALSO FORCED TO BE IN THE DUNE FEATURE THEREFORE THE INTEGRATED AVERAGE IS 15 IN THE DUNE FEATURE IS 22. IT SEEMS UNREASONABLE TO PURCHASE AN OCEANFRONT PROPERTY AND THEN BE DENIED OF THE USE BECAUSE OF THE CONTIGUOUS HOMES TO THE SOUTH.

THIS REQUEST TRULY NEEDS TO BE APPROVED IN ORDER TO PROVIDE REASONABLE USE OF THE PROPERTY. THANK YOU FOR YOUR CONSIDERATION AND UNDERSTANDING.

X THANK YOU. I'M GOING TO TURN IT OVER FOR BOARD QUESTIONS AND I KNOW THAT JOHN HAD HIS HAND UP.

>> CHAIR: BEFORE WE ASK QUESTIONS? IT SAYS ON HERE THERE CAN BE A Q&A AND THEN ASK FOR PUBLIC COMMENT. DO YOU WANT TO DO PUBLIC COMMENT FIRST? WE COULD DO THAT.

THE PUBLIC COMMENT? IS ANYBODY POPPING UP?KAY, THANK YOU. NOW WE WILL TURN TO QUESTIONS I KNOW JOHN YOU HAD YOUR HAND UP AND MAKING YOU WANTED TO ASK HIM QUESTIONS, IS THAT CORRECT? RICH, DO YOU HAVE QUESTIONS, TOO? WE'LL GO JOHN, MEGAN, RICH AND

ANY OTHERS? >> BOARD MEMBER: THE ELEVATION OF THE HOUSE IS AT THE SAME ELEVATION NORTH AND SOUTH?

>> GUEST SPEAKER: YES SIR. THE HOUSE TO THE SOUTH MR. BRENDAN IS UP ABOUT 28 AND THERE IS A 27 FOOT ELEVATION AND I DON'T KNOW IF YOU CAN SEE IT DOWN THERE BUT MR. BRENDAN IS AT 27 AND THERE IS A SUBSTANTIAL WALL THAT HE CONSTRUCTED PRIOR TO SELLING THE PROPERTY RIGHT THERE AS YOU CAN SEE. RIGHT HERE.

HE HAD A WALL THAT WAS ALREADY UP AND IN ORDER TO KEEP IT FROM FALLING WE ADDED A SECOND WALL ALONG IT.

>> BOARD MEMBER: 'SQUESTION, IF WE WERE TO MOVE THE HOUSE TO THE WEST WOULD WE NOT NEED A VARIANCE FOR THE AMOUNT OF FILL

WE WOULD HAVE? >> BOARD MEMBER: YOU WOULD NEED A VARIANCE. TO EVEN BUILD A HOUSE ON EITHER SIDE OF THE LINE WE WOULD NEED THAT VARIANCE AND IF WE MOVE THE HOUSE TO THE WEST AND KEPT THE ELEVATION THE SAME THE SLOPE OF THE DRIVEWAY WOULD BE EVEN MUCH GREATER THAN WHAT IT

IS RIGHT NOW. >> BOARD MEMBER: AND THE DELTA AMOUNT OF FILL WOULD BE EXTRAORDINARY.

>> BOARD MEMBER: DOES THE HOMEOWNER INTEND TO BUILD THE

SEAWALL >> GUEST SPEAKER: BY RULE WE

CAN'T. >> BOARD MEMBER: YOU CAN'T?

>> GUEST SPEAKER: NO SIR. THE DEPARTMENT HAS A 250 FOOT LIMIT THAT ALLOWS A VACANT PIECE OF PROPERTY OR A HABITABLE PIECE OF PROPERTY TO CLOSE THE GAP.

SO, BECAUSE WE ARE MORE THAN TUNA 50 FEET THE TWO PROPERTIES PULLED TOGETHER WHICH IS THE ONE TO THE NORTH, 945 THEY DON'T HAVE A WALL. I DON'T SEE AT ANY POINT THAT IT DEPARTMENT WOULD PERMIT UNDER THE ARMOR AND POLICY.

>> BOARD MEMBER: I HAVE A QUESTION FOR THE COUNTY ATTORNEY. IF WE GRANT THIS VARIANCE IN A BIG ONE COMES ALONG AND BLOWS THE ENTIRE DUNE AWAY DO WE HAVE ANY LIABILITY ABOUT THE FACT THAT WE HAVE APPROVED SOMETHING BEING BUILT ON THE SITE OF THE COASTAL SETBACK?

[01:05:04]

>> GUEST SPEAKER: NO, YOU ARE NOT DESIGNING THE HOME TO WITHSTAND ANY TYPE OF HURRICANE LEVEL.

THAT IS UP TO THE COASTAL ENGINEER.

>> BOARD MEMBER: EVEN THE APPROVAL TO THE EAST DOES NOT GIVE US RESPONSIBILITY FOR THAT?

>> GUEST SPEAKER: NUMBER. >> BOARD MEMBER: THAT IS THE END OF MY FIRST ROUND OF QUESTIONS.

>> CHAIR: MEGAN? >> BOARD MEMBER: I NEED CLARIFICATION WHEN YOU REFER TO LETTER THAT YOU GOT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION YOU READ THE THIRD PARAGRAPH BUT IF I GO ON TO PAGE 2 IN THE FOURTH PARAGRAPH THE SENTENCE THERE IS A THIRD SENTENCE THAT SAYS THIS CONSULTATION DOES NOT CONSTITUTE THE APPROVAL OF THE DEPARTMENT AND SHALL NOT FIND THE STAFF, THE DIVISION OR SECRETARY SHALL NOT RELIEVE ANY PERSON OF REQUIREMENTS TO THE BEACH AND SURE PRESERVATION ACT.

IN OTHER WORDS, IT JUST REPRESENTS THE ASSESSMENT OF THE AUTHOR AND NOT THE DEPARTMENT OF ENVIRONMENTAL

PROTECTION? >> GUEST SPEAKER: CORRECT.

THAT IS STANDARD CANNED LANGUAGE THAT THEY PUT IN IN THE EVENT THAT WE HAVE A SUBSTANTIAL STORM THAT OCCURS BUT AS YOU CAN SEE WE HAD TO CATEGORY FOURS AND THIS LETTER

STILL HASN'T CHANGED. >> BOARD MEMBER: I WANT TO CLARIFY FOR MY OWN THING. I REALIZE THAT I KNOW THAT JOHN AND I WERE ON THE BOARD WHEN YOU CAME THE LAST TIME IN 2018 AND I HAVE A PHILOSOPHICAL ISSUE AS TO THE COASTAL CONSTRUCTION LINE AND YOU POINT OUT RIGHTFULLY THAT MANY HOUSES TO THE SOUTH ARE BUILT SEAWARD OF THAT COASTAL CONSTRUCTION LINE AND I THINK THERE WAS A SENSE THAT THERE HADN'T BEEN A HURRICANE TO HIT PONTE VEDRA. THAT WE WERE SAFE THAT WE WERE IN A SAFE INLET AND HURRICANE ARE ALL GOING TO MAKE A U-TURN AND NOT COME TO SHORE HERE. AND THAT POST 2016 AND 2017 STORMS I THINK ONE HAD TO ASK ONESELF THE APPROPRIATENESS OF WIND ONE SHOULD REALLY IMPLEMENT THE DEFINITION OF THE COASTAL CONSTRUCTION LINE AND ABIDE BY THE RECOMMENDATIONS THAT THE OCEANS AREN'T GOING TO BE GETTING LOWER, THEY ARE RISING. THE PROBABILITY OF STORM DAMAGE IS INCREASING AS OPPOSED TO DECREASING.

I KNOW THAT IN JANUARY WHEN WE HAD THE MEETING IT WAS BEFORE THERE WAS A TREMENDOUS NUMBER OF MEETINGS THAT WERE HELD IN THE PONTE VEDRA AREA REGARDING WHAT WAS CALLED THE CRITICALLY ERODED SECTION OF BEACH IN PONTE VEDRA IN PARTICULAR THE 900 BLOCK OF PONTE VEDRA BLVD. .

AND, I KNOW THAT MANY PROPERTY OWNERS FILED WITH THE DEP PERMISSION TO SHORE UP THE DUNE STRUCTURE AS YOU REFER TO THE NEIGHBOR TO THE SOUTH DID. AND TO PROTECT THE EASTERN EDGE OF THE PROPERTIES WITH CONCRETE BULKHEADS, GEO TUBES AND OTHER DEVICES AND EVEN AS WE ARE MEETING THE COUNTY IS PAYING FOR IMPLEMENTING PUTTING SAND ON BEACHES TO EVEN FURTHER BUTTRESS THOSE PROPERTIES AND EROSION.

SO, I KNOW THAT CURRENTLY THE PROPERTY DOES NOT HAVE A HOUSE THAT YOU CAN'T GET PERMISSION FROM THE DEP TO PUT A STRUCTURE ON THIS MR. PATTON. TO BULKHEAD OR AC WALL.

JUST LIKE THE NEIGHBOR TO THE SOUTH SOMEONE GETS TO BE THE END OF THE LINE SO ONCE YOU HAVE A HOUSE ON THE PROPERTY YOU ARE ELIGIBLE TO REQUEST THE ERECTION OF A SEAWALL.

>> GUEST SPEAKER: NO MA'AM. BY RULE WE CAN'T WE WILL NEVER QUALIFY FOR A SEAWALL. THE PREVIOUS OWNERS HAVE TRIED

IT. >> THEY COULDN'T GET IT BECAUSE THEY DIDN'T HAVE A HOUSE ON THE PROPERTY YOU MET.

>> GUEST SPEAKER: NO IT EXCEEDS THE 250 GAP REQUIREMENT.

>> BOARD MEMBER: FROM A JEKYLL STANDPOINT IF YOU LOOK AT THE HOUSE TO THE SOUTH THERE IS A HUGE GAP TO THE NORTH OF THEM AND THEY HAVE A SEAWALL. SO WE HAVE A DIFFERENCE OF

OPINION I GUESS IS WHAT I'M IS WHAT I'M SAYING.>> BOARD MEMBER: CAN ALSO SAY THAT SOME OF THE OTHER PREVIOUS SEAWALL THAT WERE BUILT WE ARE DEALING WITH A DIFFERENT WELDING CODE

[01:10:02]

I KNOW WE CAN UNDERSTAND THE WORDING ON THE DEP LETTER DOES NOT CONSTITUTE AN ACTUAL BUILDING PERMIT OR PERMIT FROM DEP THEMSELVES BUT THE ASSESSMENT FOR CONTINUITY SAKE FROM OUR REQUEST NOW FROM THE PREVIOUS 2018 REQUEST IS THE SAME AND THAT IS AFTER 200 YEAR STORMS AND A SIGNIFICANT NOR'EASTER. I WANTED TO ASK YOU QUESTION YOU SAID THE COUNTY IS PAYING FOR SAND RIGHT NOW ON THE

WHAT ARE THEY PAYING FOR? >> GUEST SPEAKER: THEY ARE ORCHESTRATING AND SPENDING MONEY WITH COUNTY STAFF AND EVERYTHING TO ORGANIZE THE PLACEMENT OF SAND.

MY CLOSE, IT ALL COMES AT A COST FOR THOSE PEOPLE AT THE COUNTY WHO ARE CURRENTLY DOING THAT TO BE DOING SOMETHING ELSE AND THEY HAVE TO MANAGE THAT. IT'S BEEN A LONG PROCESS WITH UPS AND DOWNS NEGOTIATING ACCESS WITH DIFFERENT PEOPLE AND IT'S TAKEN A LOT OF TIME FOR THE COMMISSIONERS TO

IMPLEMENT THE SAND PLACEMENT. >> GUEST SPEAKER: THE FEMA BURNED PROJECT THE 30+ MILLION DOLLARS THAT FEMA HAS PROVIDED PONTE VEDRA AND THE LOCAL COMMUNITY FOR SAND IS GOING ON AND CONTINUING ON. THEY ARE WORKING NOW AS YOU SPEAK AND THROUGH THE END OF THE YEAR AT ITS EARLIEST DEADLINE FOR COMPLETION. THAT IS TOTALLY DIFFERENT FROM ANOTHER ANNOUNCEMENT RECENTLY WITH THE CORPS OF ENGINEERS THAT IS GOING TO SPEND 60+ MILLION DOLLARS.

>> BOARD MEMBER: THAT IS FURTHER TO THE SOUTH.

>> GUEST SPEAKER: I UNDERSTAND. THIS AREA WAS UP FOR SOME OF THAT OR UP FOR SOME CONSIDERATION FOR THE CORPS OF ENGINEERS BUT APPARENTLY IT WAS NOT VOTED ON AND THAT WAS REASONABLE ENOUGH TO HAVE THIS BE THE SCENE REPLACEMENT.

THE FEMA PROJECT IS GOING ON RIGHT NOW FOR SAND BERM SEAWARD REPLACEMENT. SO, I STILL THINK SEAWALL OR NOT, I THINK THE CONTEXT OF A REQUEST THE CONTEXT OF THE LETTER THAT WAS JUST RECEIVED IN THE CONTEXT THAT WE ARE ONLY 40 FEET IN THAT'S A NEGOTIATED ELEMENT.

YOU KNOW? THIS IS IN CONTEXT WITH THE FABRIC OF THE AREA OUT THERE AND AS KEVIN POINTED OUT THIS SPECIFIC STRETCH OR REACH OF BEACH IN A COASTAL ENVIRONMENT IS MUCH DIFFERENT THAN THE ENTIRE COASTAL CONSTRUCTION LINE AREA AS A WHOLE. IF YOU GO TO SAWGRASS MIKE LAWYERS AND SOUTH THIS SPECIFIC AREA IS PULLED INTO THAT BUT WE ARE EVEN DRILLED DOWN EVEN FURTHER WHAT IS OUR SITE BEST SPECIFICITY? BEEN TRYING TO BUILD IN THE ENVIRONMENT THAT IS OUT THERE IN IN THIS CASE WOULD BE THE RICH BUT IN CONTEXT WITH THE RIDGE AND IN CONTEXT WITH EVERYTHING ELSE THAT IS OUT THERE WERE NOT ASKING TO BE THE GUY NEXT DOOR BUT THINK IT IS REALLY IN CONTEXT AND REASON AND THAT WAS APPLIED PREVIOUSLY FROM OTHER FINDINGS AND FACTS WERE PREVIOUSLY HEARD OF THE COUNTY COMMISSION.

WE HOPED TO TAKE THE CONSIDERATION AND WE HOPE YOU TAKE THE CONSIDERATION AND WANTED TO COMMENT FURTHER ON SOME OF THESE THINGS. WE UNDERSTAND WE HAVE A FEW THINGS GOING ON RIGHT NOW BUT WE THINK THIS IS IN CONTEXT WITH THE FACTS THAT WERE PROVIDED BY MR. PATEL IN THE

FIRST LETTER. >> GUEST SPEAKER: MY ISSUE AS IT WAS PREVIOUSLY WAS PHILOSOPHICALLY WHEN YOU HAVE AREAS WHICH ARE AT RISK FOR STORMS AND A COASTAL CONSTRUCTION LINE HAS BEEN REESTABLISHED FURTHER WESTWARD AT SOME POINT WE HAVE TO START IMPLEMENTING COMPLIANCE WITH THE LINE BECAUSE IT'S GOING TO BE MORE AGGRESSIVE AS TIME GOES BY. IS THIS THE TIME AND PROPERTY TO MAKE THAT FIRST STEP ON? THAT IS A QUESTION FOR US.

I HAVE TO SAY IT'S NOT A QUESTION FOR THEM THEY WOULDN'T

AGREE ON THAT. >> CHAIR: ANY ACTUAL QUESTIONS ON FACTS OR ANYTHING ELSE PRESENTED BEFORE WE HAVE COMMENTS BY THE BOARD? ANY OTHER QUESTIONS BEFORE WE HAVE COMMENTS? ANY OTHER QUESTIONS?

>> BOARD MEMBER: I WAS HOPING TO HEAR FROM THE COUNTY

ENGINEER? >> CHAIR: CAN WE HAVE THE COUNTY ENGINEER STEP UP SAY YOUR NAME AND ADDRESS?

>> GUEST SPEAKER: GOOD AFTERNOON I AM BEN PAULSON AND LOOKING AT SITE PLANS LIKE THIS FOR 15 YEARS NOW I CUT MY TETH

[01:15:05]

>> CHAIR: DOES ANYONE HAVE SPECIFIC QUESTIONS? I DO HAVE SOME SPECIFIC QUESTIONS FOR HIM DOES ANYBODY

ELSE HAVE A SPECIFIC QUESTION? >> GUEST SPEAKER: I CAN GIVE YOU A SUMMARY. WHEN WE LOOK AT THESE WE LOOK AT THEM JUST THEMSELVES AND WE DON'T ALWAYS COMPARE THEM TO THE ADJACENT PROPERTIES AT FIRST SO WE LOOK AT IT IN ITS OWN BOX TO MAKE SURE AND SEE HOW IT RELATES TO THE PONTE VEDRA ROLLS PEER THE INTEGRATED RULE IS DIFFERENT THAN THE REST OF THE COUNTY. THE REST OF THE COUNTY DOES NOT HAVE THAT. I WISH YOU DID BUT PONTE VEDRA MIGHT BE AHEAD OF THE TIME WITH THAT IT'S A PRETTY GOOD RULE.

WE LOOK AT THAT IN COMPLIANCE WITH THAT AND OF WORSE AFTER WE ARE DONE WITH THAT WE LOOK AT IT IN COMPLIANCE OF HOW DOES IT FIT IN WITH THE SURROUNDING PROPERTIES? ON THIS PARTICULAR ONE IT DOES FIT WELL AT POST PROPOSAL AND IT DOES FIT WELL WITH THE SURROUNDING PROPERTY AND LIKE MR. PATEL SAID THE PROPERTY TO THE SOUTH WOULD BE SIGNIFICANTLY HIGHER. I REMEMBER WHEN THAT ONE CAME THROUGH THEY ACTUALLY MOVED IT SEAWARD IN ORDER TO TRY TO SAVE A GROUP OF TREES IN THE CANOPY BUFFER BETWEEN PONTE VEDRA BLVD. TO WHERE THE HOMES WOULD BE SIMILAR TO WHAT THIS ONE WAS DOING WILL BE A BYPRODUCT OF MOVING IT TO THE TOP OF THE DUNE ALIGNING WITH THE OTHER ONES AND IT DOES FREE UP SOME OF THOSE EXISTING TREE CANOPY TREES TO BE SAVED SO YOU DON'T HAVE TO BRING IN AS MUCH FILL AND BRING IT OUT IN SOME AREAS THAT YOU WOULDN'T OTHERWISE HAVE TO.

THAT WOULD BE A BENEFIT THERE. YOU'LL STILL BE QUITE A BIT LOWER AT THE MR. PATEL SO THAT ONE WAS AT 27 BUT AS YOU MOVE CLOSER THE SOUTH GOES HOT DILLY HOUSE GOES TO THE SOUTH.

YOU WON'T HAVE ONE HOUSE TOWERING BUT THE OTHER ONE.

THE NEW HOUSE WILL NOT TOWER ABOVE THE OTHER ONE.

IT WILL BE BUILT ON ITS OWN MOUND IN ITS OWN LITTLE PLACE AND IT WILL BE EVEN MORE LANDWARD NOT AS FAR SEAWARD.

I THINK THAT SUMS IT UP GOOD. LOOKING AT THE DRAINAGE THERE WON'T BE A DETRIMENTAL EFFECT. OF COURSE THE OCEAN IS THE OCEAN AND FEMA FLOOD ZONES AND EVENTS AND STUFF LIKE THAT THERE'S REALLY NO PROTECTION ON HOW THAT WOULD HAPPEN BUT THEY WOULD HAVE TO BE DESIGNED IN ACCORDANCE WITH THE FLORIDA BUILDING CODE AND WOULD HAVE TO BE COMPLIANT PILE FOUNDATIONS AND ALL THAT STUFF. DO HAVE QUESTIONS?

>> CHAIR: IDEA WHY DO WE HAVE A COASTAL CONSTRUCTION LINE?

>> GUEST SPEAKER: I DON'T KNOW THAT WHEN THE STATE ESTABLISHED THAT IN THE 1960S. KEVIN COULD PROBABLY ANSWER

THAT ONE A LITTLE BIT BETTER. >> CHAIR: DON'T SIT DOWN I HAVE

OTHER QUESTIONS. >> GUEST SPEAKER: KEVIN PATEL, LINE WAS ESTABLISHED IN 1974 AND THEN BY THE GOVERNING CABINET WAS THE DEPARTMENT WAS REMANDED TO RECONSIDER ALL THE CONTROL LINES FINNEGAN IN 1981. EACH ONE WAS GONE THROUGH EACH AREA WAS GONE THROUGH SO DO FALL CHANGED IN 91 FLAGLER CHANGED IN 88 SHORTLY AFTER US FELICIA CAME IN 91 AND NASSAU

COUNTY IN 86. >> CHAIR: WHY DO WE HAVE ONE?

>> GUEST SPEAKER: AS THE SHORELINE CHANGES THEY REASSESS THE SHORELINE AND SO, THE ACTUAL, THE WAY THEY SET THE CONTROL LINE IS ON SEVEN CRITERIA CALLED CURRENT GROUND ELEVATIONS PREDICTED MAX WAVE UP BRUSH BEACH AND OFFSHORE GROUND CONTOURS BEACH AND DUNE BLUFF LINES OF DEVELOPMENT.

TAKING ALL OF THAT INTO CONSIDERATION THEY WILL RUN WHAT IS CALLED 100 YEAR STORM EVENT CALLED A FULL MODEL WITH A FULL WAVE UPPER. IT'S THE BIGGEST MODEL THAT THEY CAN RUN. BASED ON THAT IT IS A CATEGORY THAT THEY WOULD CONSIDER A CATEGORY 5. WE HAD TWO MONSTER STORMS THAT DIDN'T GET WITHIN 80 FEET OF A CONTROL LINE.

AT THE TIME THAT IT WAS SET IT WAS SET THEY SAW THE INFORMATION THAT WAS PROVIDED. NOW, DIFFERENT INFORMATION IS PROVIDED BASED ON THE NEWEST OR LATEST SURVEY.

>> CHAIR: WHO SETS THAT, AGAIN? >> GUEST SPEAKER: THEY DEPARTMENT OF ENVIRONMENTAL PROTECTION.

>> CHAIR: THAT'S WHO YOU GOT THE LETTER FROM? NOW THEY SAY WHEN GOING FORWARD 40 FEET WOULD BE APPROPRIATE?

[01:20:03]

>> GUEST SPEAKER: YES MA'AM AND THE 40 FEET DOESN'T DO ANYTHING BUT IT IS THE JURISDICTION NOT PROHIBITION.

WHEN SHE STEPPED OVER THE CONTROL LINE YOU BRING THE HOUSE AND PUT ON PILES AND ELEVATE IT AND IF IT'S IMPACTED, IT HAS TO MEET THE 130 MPH WIND GUSTS.

THERE SEVERAL CRITERIA. >> CHAIR: ALL RIGHT.

>> BOARD MEMBER: HAVE A QUESTION FOR MR. PATEL.

WHEN THEY ESTABLISH THE COASTAL SETBACK LINE DO YOU THINK THEY ENVISIONED OUR DUNES 25 TO 30 FEET? OR WAS IT A LINE THAT WAS JUST ESTABLISHED?

IT DIDN'T ENVISION DID IT? >> GUEST SPEAKER: WHAT IT DOES IS IT TAKES INTO THE CONSIDERATION OF THE TOPOGRAPHY BUT THE UNIQUENESS OF THIS PARTICULAR STRETCH OF SHORELINE IS NOT LIKE ANY OTHER. THERE IS NO TERTIARY DUNE STRUCTURE IN PONTE VEDRA SO YOU GO FROM PRIMARY WHICH IS YOUR GRASSES AND STUFF TO THE SECONDARY WHICH IS YOUR WITTY SCRUB YOUR PALMETTO AND THEN YOU GO TO THE LIVE OAK AND MAGNOLIAS. YOU'VE A VERY UNIQUE AREA AND

IT'S THE DUNE HEIGHT. >> CHAIR: MAYBE I SHOULD HAVE SUMMARIZED TO MAKE SURE I HEARD IT CORRECTLY BUT THEY SET THE COASTAL CONTROL LINE FACED UPON A LOT OF DIFFERENT FACTORS THAT THEY THOUGHT AT THE TIME BUT NOW THEY WANT TO WILL THEY HOUSE AND THEY RELOOK THAT IT IN TERMS OF WHERE COULD THEY BUILD A STRUCTURE? ALL RIGHT, THANK YOU.

>> GUEST SPEAKER: THAT IS WHY THE LINE IS UP THERE.

>> CHAIR: OKAY, FOR THE COUNTY ENGINEER AGAIN.

THERE WAS A QUESTION AND I'M NOT SURE IF YOU CAN ANSWER THIS OR NOT. BUT, THE DEPRESSION AND WHAT YOU TALKED ABOUT AND MR. PATEL WHO EXPERTLY SHOWED US THE RED DRAWINGS AND ALL THAT THE DEPRESSIONS IT'S NOT REALLY PARTICULAR TO THIS PROPERTY BUT IT IS PARTICULAR TO THIS AREA OF THE BOULEVARD AND I'M PROBABLY GOING TO ASK CHRISTINE NADY JACOB AND TERESA HOW DO WE CONSIDER THAT WITH A HARDSHIP? WITH THE COASTAL CONSTRUCTION CONTROL LINE A GUESS IT IS CALLED AND MEGAN! , WE SHOULD AT SOME POINT CONSIDER BUILDING BACK FROM THE OCEAN BUT BASED UPON WHAT YOU SAW IN YOUR TRAINING YOU DON'T SEE THAT OR DO YOU SEE THAT IN

THIS CIRCUMSTANCE? >> GUEST SPEAKER: IS HARD TO DISCUSS THINGS IN A LARGER SCOPE LIKE THAT WHICH WOULD BE EXTRACURRICULAR TO JUSTICE PROPERTY.

THERE'S ALWAYS BEST MANAGEMENT PRACTICES FOR CONSTRUCTION SITES. I GUESS THERE'S BEST MANAGEMENT PRACTICES FOR DECIDING HOW FAR TO BUILD TO THE COAST.

THAT'S GOING TO BUILD SOMETHING.

>> CHAIR: IT MIGHT BE A MOOT POINT WE HAVE THE LETTER FROM THE DEP. AND AS KEVIN WAS TALKING ABOUT THE CCL CAN BE LOOKED AT SITE-SPECIFIC, THEY ACTUALLY DO THAT AS WELL WITH SOME OF THE FLOOD CRITERIA, THE WAVE CRESTS CRITERIA THE STATE HAS MONUMENT AND THEY HAVE A GENERIC ELEVATION OF WHAT THE WAVE CRESTS WILL BE IN YOU CAN ACTUALLY REQUEST THEM TO DO A MORE SITE-SPECIFIC ANALYSIS OF THE WAVE CRESTS YOU CAN DESIGN THE STRUCTURE TO A HEIGHT THAT MIGHT NOT BE 17 B AND ONLY HAS TO BE 15 FOR THAT TO KILLER LOT. THEY ARE KNOWN FOR DOING SITE-SPECIFIC ANALYSIS UPON REQUEST OF THOSE SPECIFIC LOTS.

>> CHAIR: I WAS GOING TO ASK DO YOU RECOMMEND ANY GUIDANCE ON THE HARDSHIP THAT ISN'T PECULIAR TO THE PROPERTY BUT IS PECULIAR TO THE AREA OF PONTE VEDRA BLVD.

IN TERMS OF THE DEPRESSION ON THE WEST SIDE, THE TREE CANOPIES AND HOW WE CONSIDER THAT GIVEN THAT IT IS PLATTED.

I DON'T KNOW IF WE HAVE TO THINK ABOUT EXACT LANGUAGE BUT

IT IS PECULIAR TO THAT AREA. >> BOARD MEMBER: I HAD A QUESTION. I DON'T KNOW IF YOU CAN ANSWER IT OR NOT BUT IS THERE ANY INFORMATION TO TELL US HOW FAR BACK THIS EROSION HAS TAKEN PLACE IN THE LAST 20, 30 YEARS OF THE DUNE ITSELF FROM WHERE IT WAS?

FROM WHERE IT IS BEEN? >> GUEST SPEAKER: AS FAR AS EXACTLY FINDING THAT YOU HAVE TO LOOK AT POST-STORM SURVEYS.

I KNOW THE COUNTY LIDAR INFORMATION WE GET NEW LIDAR ON A REGULAR BASIS SO YOU COULD FIND DIFFERENT GENERATIONS OF COUNTY DATA FROM WHEN THE LIDAR IS TAKEN BUT EVEN THE MOST CURRENT ONE, THAT WE HAVE ACCESS TO IN MY OFFICE IS A PRE-STORM EVENT SO SOME OF THE STORM EVENT I BELIEVE THE COAST HAS BEEN UPDATED BUT THE REST OF THE COUNTY NOT SO MUCH.

>> BOARD MEMBER: WHEN THE SEAWALL WAS BUILT TO THE SOUTH OF IT, WHEN WAS THAT BUILT? IT SEEMS RIGHT IN LINE WITH THE

[01:25:04]

>> GUEST SPEAKER: I DON'T KNOW THE EXACT DATE OF THE SEAWALL BEING CONSTRUCTED BUT I WOULD SAY IT WAS SOON AFTER I IMAGINE

SOMETIME AFTER SEVEN YEARS AGO? >> BOARD MEMBER: GENERALLY THINKING IT HASN'T ERODED THAT MUCH SINCE THE SEAWALL WAS PUT

IN? >> GUEST SPEAKER: THE SEAWALL IS PRETTY EFFECTIVE FOR THE ADJACENT PROPERTY.

IT IS WAVE DYNAMIC WHEN IT COMES TO SEAWALL INTERACTION VERSUS NOT SEAWALL. IT IS VERY FULL ACT OF A BETTER WORD, THERE'S A LOT OF VARIABLES ESPECIALLY WITH OCEANOGRAPHY AND WAVE ACTION ON WAVE DEFLECTION, RAMPING, ALL THAT STUFF. IT'S HARD TO SAY THAT WE HOW THINGS WILL BEHAVE WITHOUT RUNNING MODELS ON EVERYTHING AND OF COURSE THAT IS SOMETHING WE DON'T HAVE THE ABILITY FOR ALL THE SITES. IT WOULD BE NICE.

>> ANY OTHER QUESTIONS? >> BOARD MEMBER: YES, CAN YOU GIVE A LAYMAN EXPLANATION OF THE INTEGRATED RULE? MR. PATEL GAVE A VERY ENGINEERING EXPLANATION WHICH I THOUGHT WAS GOOD BUT HAVE GOOD LAYMAN EXAMPLES BUT I WANT TO

HEAR YOURS. >> BOARD MEMBER: THE INTEGRATED AVERAGE LOOKS AT THE BUILDING AREA OF THE LOT SO YOU HAVE A VACANT LOT. LET'S JUST SAY THAT GENERIC VACANT LOT IN PONTE VEDRA YOU LOOK AT THE AREA OF THE FRONT AND REAR SETBACK OF THE PROPERTY LINE AND THEN YOU PRETTY MUCH DRAW A GRID PATTERN A 10 BY 10 ACROSS THE WHOLE AEA AND YOU AVERAGE RAGE OUT ALL OF THOSE INTERSECTIONS.

YOU TAKE THE TOTAL NUMBER AND DIVIDED BY THE TOTAL NUMBER OF INTERSECTIONS AND THAT GIVES YOU AN AVERAGE CARE FOR INSTANCE, THIS ONE WAS 15 AND A HALF SO YOU CALCULATE THE BUILDING AREA OF THE LOT AND IT COMES OUT TO BE 15 1/2.

BY RULE IN PONTE VEDRA YOU CAN SET YOUR NEW WILTING PAD HEIGHT AT THAT 15 AND A HALF IF THAT 15 AND A HALF IS ALREADY NOT TWO FEET ABOVE THE CROWN OF THE ADJACENT ROAD YOU CAN GO UP TO ANOTHER TWO FEET OF THAT 15 1/2.

LET'S SEE THE CROWN OF THE ROAD IS AT 14 IN THE INTEGRATED AVERAGE IS 15 AND A HALF AND YOU CAN ACTUALLY GO TO 17 AND A HALF. AND THAT IF IT IS AN EXISTING VACANT LOT IF IT'S A REBUILD THIS IS BECOMING MORE AND MORE COMMON AS SOME OF THESE OLDER HOMES DISAPPEAR AND NEW HOMES TAKE THEIR PLACE THE CODE IS NOT WRITTEN TO ALLOW PHIL ON ALREADY DEVELOPED LOTS. IS 30 AND SPECIFICS OF THE WAY IT'S BEEN APPLIED BY STAFF OVER THE YEARS IS THAT IF IT IS A REBUILD YOU LOOK AT THE OLD BUILDING PAD AND THEN WE TRY TO STICK TO THAT AS MUCH AS POSSIBLE.

GRANTED, SOME OF THE BUILDING PADS UNDULATE TO HAVE A HIGHER SIDE ON ONE THAN THE OTHER AND WE TEND TO TAKE AN AVERAGE OR LOOK AT HOW THEY RELATE TO THE ADJACENT PROPERTIES TO FIND A HAPPY MEDIUM TO GET SOMETHING REASONABLE IN THEIR KIDS SOMETIMES WE HAVE TO APPLY A LITTLE BIT OF EXTRA PHIL SIX INCHES OR SO TO MAKE SURE WE MEET THE FLORIDA BUILDING CODE BECAUSE YOU ALWAYS WANT STORM WATER TO FLOW AWAY FROM THE STRUCTURE SIX INCHES. WE WANT TO MAKE SURE WE DON'T VIOLATE THE BUILDING CODE. THERE ARE SOME NUANCES IN THE REBUILDS BUT THE VACANT LOTS LIKE THIS ONE ARE PRETTY MUCH THE INTEGRATED AVERAGE +2 FEET. THAT IS ONLY IF THE ROAD IS -

>> BOARD MEMBER: HAVE A GOOD EXAMPLE OF HOW TO COME UP WITH THE INDICATED AVERAGE. A 2 X 2 SOUND BOX WITH A BIG MOUND OF DIRT IN THE CENTER AND THEN YOU SHAKE IT UNTIL IT'S ALL LEVEL AND THAT'S HOW YOU COME UP WITH THE INTEGRATED AVERAGE. IF YOU THINK ABOUT IT THAT WAY IT'S A LOT SIMPLER THAN TAKING ALL THE GRID POINTS AND

MULTIPLYING. >> GUEST SPEAKER: IT IS.

THAT IS BY EXAMPLE. IF YOU WANT TO YOU CAN DO IT

ANY TIME YOU WANT TO. >> GUEST SPEAKER: I MIGHT STILL

THAT ONE FROM YOU. >> CHAIR: IF THERE ARE NO MORE QUESTIONS I WOULD SAY COMMENTS BUT YOU HAVE A QUESTION?

GO AHEAD RICH. >> BOARD MEMBER: I WANT TO ADDRESS JACOB THAT IS ONE OF THE ISSUES THAT HE AND I HAVE ON AN ADJACENT PROPERTY. AND SO, IF WE COULD TALK ABOUT THAT AFTERWARD THROUGH HERE I WOULD LIKE TO SPEAK ABOUT THAT

IN PUBLIC. >> CHAIR: OKAY, THANKS.

ANY COMMENTS? JOHN, DO YOU HAVE ANY COMMENTS? ANY PUBLIC COMMENTS? OKAY.

NO PUBLIC COMMENTS.LL RIGHT, THANK YOU.

SEE, MY RIGHT HAND MAN. NOW, COMMENTS FROM THE BOARD.

>> BOARD MEMBER: I WILL START OFF.

I HAVE LIVED IN THIS AREA FOR 42, 43 YEARS AND I HAVE FOUND THAT THE AREA OF THE BOULEVARD EVEN SOUTH OF THERE WOULD BE

[01:30:01]

I REMEMBER THAT WE WERE BUILDING A PROJECT IN 86 WHEN THEY DECIDED TO MOVE THE COASTAL SETBACK LINE FORWARD OR WESTWARD AND WE WORKED ON THE PROJECT DILIGENTLY FOR ONE YEAR DOING ALL OF THE WORK TO MAKE SURE THAT WE HELD OUR POSITION.

AND SO, I THINK THE TREES ARE BEAUTIFUL.

I THINK THE UNDULATION OF THE PROPERTY IS BEAUTIFUL AND SO, I AM TEMPTED TO GO FORWARD WITH APPROVAL.

>> CHAIR: THANK YOU, JOHN, ANY OTHER COMMENT?

MEGAN? >> BOARD MEMBER: IN THE SPIRIT OF TRYING TO REACH SOME SORT OF COMPROMISE I WOULD SAY THAT INSTEAD OF THE 40 FEET WHICH SEEMS A LOT I THINK WE TALKED ABOUT THIS LAST TIME. YOU DID 20 FEET SO YOU DIDN'T HAVE TO BE AS FAR OVER THE COASTAL CONSTRUCTION LINE.

SO THE HOUSE WAS COMPLETELY BEHIND THE COASTAL CONSTRUCTION LINE AND THE ONLY THING THAT IS ACROSS IT IS ASSUMING POOL.

OR WHATEVER OUTDOOR PATIO EQUIPMENT.

I CAN REMEMBER WALKING DOWN THAT EACH AND I DON'T HAVE ALL THE DATA BUT LOOKING AT THE HOUSES WHERE AFTER THE STORMS BECAUSE WE DON'T HAVE THOSE THREE TYPES OF VEGETATION WHICH COULD SLOW THE WATER IT COMES RIGHT UP TO THAT DUNE.

THE PEOPLE'S HOMES THOSE SLIDING GLASS DOORS THAT GO OUT TO THE BACKYARD OPEN AND IT LOOKED RIGHT DOWN ON THE BIG DROP OFF TO THE BEACH SAND. SO, YOU KNOW, THAT WAS A REAL EVENT AND IT DIDN'T JUST HAPPEN AT ONE HOUSE, IT HAPPENED AT MULTIPLE HOUSES. I AM JUST MINDFUL OF THAT REALITY AND THAT EXPERIENCE THAT I HAD AND I FEEL THAT IT WOULDN'T BE RESPONSIBLE WITH THAT KNOWLEDGE TO SAY GO AHEAD, IT WILL BE FINE. BUILD YOUR HOUSE WHERE THE OTHER PEOPLE HAVE BUILT AND I WANTED TO SHARE THAT WITH YOU.

JOHN, YOU WANTED TO SAY SOMETHING IN RESPONSE TO THAT?

>> BOARD MEMBER: IF WE WENT WITH MEGAN COMPROMISE VERY LOUIS FALL INTO THAT WHOLE OF THE NATURAL ELEVATION.

IF WE STARTED TO SCALE OFF, ONE EXAMPLE YOU GAVE WAS PUTTING EVERYTHING ON THE OTHER SIDE OF THE COASTAL SETBACK LINE AND IT MOVES THE HOUSE BACK. I'M STILL LOOKING AT THE LOT FILL IN THE DAMAGE TO THE EXISTING TREES.

AM I CORRECT? >> GUEST SPEAKER: THAT'S CORRECT. IT FALLS OFF VERY DRASTICALLY.

I DON'T THINK THIS IS AN OVERREACH OR REQUEST QUITE FRANKLY IF THE OWNERS FILED FOR A CLEARANCE SHEET THROUGH SOME EXTRAORDINARY SOCIAL CONDITIONS GOING ON LEADING UP TO THE PANDEMIC AND OTHER THINGS, HAD THEY FILED A CLEARANCE SHEET WE WOULDN'T BE HERE TODAY. WERE ASKING FOR 40 FEET AND THE EXPERTS HAVE WAITED WITH ALL DUE RESPECT THE 25 FEET COMPROMISE IS JUST THAT. IT'S MORE A BASE OF ACTIVE REQUEST THAN A COMPROMISE AND I DO THINK WE WILL BE IMPACTING THE DUNE AND ADDING MORE FILL JUST TO SCOOT IT BACK AND WE ARE RIGHT BACK ASKING FOR ANOTHER TYPE OF VARIANCE.

I THINK ALL THE EXPERTS HAVE WEIGHED IN ON THE 40 FEET BEING APPROACHABLE AND INCLUDING THE CCL WHICH IS ANOTHER LAYER OF COVER MENTAL PROTECTION OVER THE COASTAL LINE.

I THINK WE ADDRESSED IT THAT CAN'T ZIGZAG A COASTAL CONSTRUCTION LINE AND THEY HAVE TO TAKE A BEELINE FROM ONE POINT TO THE NEXT AND THIS IS ESSENTIALLY IN THE.

IF DEP HAD AN ISSUE WITH IT THEY WOULD HAVE AND SEVERAL LETTERS TO THAT ARE THE CONTRARY.

WE JUST ASKED THE SAME TYPE OF HOUSE FOOTPRINT AND PLANS AND TO BE HONEST WITH YOU 25 FEET IS WHERE THE HEATED AND VENTILATED AND COLD STRUCTURE IS FOR SEMANTICS.

IT'S TONY FIVE FEET PAST THE CONSTRUCTION COASTAL LINE AND EVERY THING ELSE IS 40 FEET IS THE OTHER IMPROVEMENT.

I DON'T THINK IT'S AN OVERREACH OR ASK TO GET WHAT THE OTHER PERSON MAY HAVE BECAUSE WE UNDERSTAND THAT IT'S NOT A MATTER OF PRECEDENT IN THIS CASE.

THIS SITE IS VERY SPECIFIC. TO THIS REQUEST.

WE ASK YOU A 20 FOOT JOG AND HAD THE OWNERS FILED FOR A

[01:35:06]

>> CHAIR: THANK YOU BRAD. SORRY RICH.

>> BOARD MEMBER: WE GONE OVER A LOT OF INFORMATION.

DO WE TALK ABOUT FEMA AT ALL? BECAUSE FEMA OF COURSE WOULD BE THE PEOPLE IMPACTED BY THE HOME THAT WE HAVE ALLOWED TO MOVE CLOSER TO THE SCENE AND DO THEY HAVE SOME KIND OF APPROVAL PROCESS? GENERALLY SPEAKING WITH FEMA YOU HAVE TO BE ABOVE A GENERAL FLOOD PLANE ELEVATION AND I BELIEVE OUR REQUEST NEEDS THAT BUT FEMA IN THIS CASE HAD CONTEXT WITH THE OVERALL ASK AS FAR AS THE FINISH ELEVATION AND THE FLOOD PLANE HERE THEY ARE DOING THE COASTAL BURMA PROJECT AND REALLY THAT'S THE ONLY OTHER 'S THE ONLY OTHER FEMA

ELEMENT TO THIS. >> IN REGARDS TO FEMA AND FEDERAL APPROVAL THEY DON'T GRANT ONE THEMSELVES.

WE ARE A PARTICIPATING COMMUNITY IN THE IN FIP AND PART OF THAT IS WE GOVERN FOR THAT.

SO, THE FEMA REVIEW WILL BE DONE TO THE ST. JOHNS COUNTY BUILDING DEPARTMENT AND THROUGH GROWTH MANAGEMENT TO ENSURE THAT ALL OF THE RULES ARE HERE TO TWO.

ANIME FLOOR ELEVATION, AND AMONG ELEVATION PILE, DEPTH, STRUCTURAL DESIGN, FOUNDATION ALL THAT STUFF GETS REVIEWED AT A COUNTY LEVEL FOR THE FED AS PART OF OUR PARTICIPATION IN

THE PROGRAM. >> BOARD MEMBER: WINDOWS THAT

TAKE PLACE? >> GUEST SPEAKER: A STARTS WITH THE CLEARANCE SHEET SUBMITTAL WILL START LOOKING AT IT AT THAT TIME THE BULK OF IT HAPPENS DURING THE STRUCTURAL

BUILDING PERMIT REVIEW. >> BOARD MEMBER: THERE IS A POSSIBILITY THAT AFTER WE APPROVE IT IF WE DO APPROVE IT THAT SOME GOVERNMENT RANCH MIGHT DENY THE REQUEST FOR THE

VARIANCE? >> GUEST SPEAKER: FEMA WON'T COME IN AFTER US AND LOOK AT OUR APPROVAL.

WE ARE GOING TO REVIEW IT ACED ON THEIR CRITERIA AND THEIR ARCHITECT WHOEVER THEY CHOOSE OR THEIR ENGINEER WHOEVER IS DOING THE FOUNDATION DESIGN IS MOST LIKELY THAT WILL BE SOMEONE WHO IS COMPETENT ESPECIALLY IN ST. JOHNS COUNTY BECAUSE WE HAVE A LOT OF COAST. WE HAVE A LOT OF HOMES AND ENGINEERS WHO DO WORK AROUND HERE AND IT WILL MOST LIKELY BE SOMEONE WHO'S FAMILIAR WITH OUR CORRECT GUIDELINES.

>> WE WOULD NOT HAVE COME IN WITH THE REQUEST IT WAS AT OR BELOW A BASE FLOOD ELEVATION OR WE WOULD HAVE ASKED FOR ONE ABOVE THAT. THIS CONSTRUCTION PLAN INCORPORATES THE FEMA BASED LEVEL WHICH WE WERE AT.

>> CHAIR: THANK YOU, JOHN. >> BOARD MEMBER: REMEMBER THAT ANYTHING THAT GETS APPROVED STILL HAS TO GO THROUGH THE APPROVAL PROCESSES FOR DESIGN, ENGINEERING AND DISCUSSION IN MY QUESTION, I WANT TO MAKE SURE AND YOU UNDERSTAND THAT THIS HOUSE WILL BE BUILT ON A PILING?

>> GUEST SPEAKER: YES. >> BOARD MEMBER: IS A POOL ON PILING? THREE ESTHER.

>> BOARD MEMBER: WILL BE ON ASSUMED CONCRETE?

>> GUEST SPEAKER: YES. TYPICALLY IT WILL BE A CAST INSTEAD OF PILE DRIVEN. THE POOL VESSEL WILL BE BUILT ON THE PILE AS WELL. WE DON'T HAVE THAT STRUCTURAL ENGINEERING YET TO SAY HOW MANY PILES.

>> BOARD MEMBER: THAT'S FINE IT DIDN'T SAY ANYWHERE IN THE REPORT THAT WOULD BE ON A PILE BUT IT IS ON PILES.

THANK YOU. >> CHAIR: OKAY, THANK YOU.

YOU KNOW, I WOULD LIKE TO TRY TO SUMMARIZE WHAT WE HAVE HEARD AND WHAT I LEARNED FROM CHRISTINE WHEN I MET WITH HER BUT I DO BELIEVE THAT THESE DEPRESSIONS ARE PARTICULAR TO THE SURROUNDING AREA AND I DON'T THINK IT IS FAIR TO ASK SOMEONE OR IT'S IMPRACTICAL TO BUILD THE FIRST FLOOR UNDERGROUND. I DO PERSONALLY BELIEVE THERE IS A HARDSHIP HERE SO I BELIEVE IT'S ALSO IN HARMONY WITH THE SURROUNDING AREA. I THINK THE ELEVATION IS CONSISTENT. I THINK WHERE YOU WANT TO PLACE IT FORWARD WITH THE COASTAL CONTROL LINE IS CONSISTENT.

I WOULD FEEL, WOULD LIKE TO PRESERVE THE TREES IN PONTE VEDRA I THINK THE ROOT SYSTEM IS IMPORTANT AND PROVIDING AIR TO BREATHE IS IMPORTANT AND THE HOMEOWNERS HAVE A RISK IF THEY WANT TO BUILD IT FORWARD AND AS YOU CLARIFIED JOHN, IT'S NOT OUR RISK. THERE MAY BE A TIME WERE WE START SEEING THE EFFECTS OF GLOBAL WARMING THAT THE OCEAN COMES CLOSER AND THAT IS THE HOMEOWNERS RISK.

MR. PATEL WE ARE AFRAID OF THAT IS THAT THE HOMEOWNERS RISK.

[01:40:02]

>> BOARD MEMBER: I WILL MAKE A MOTION TO APPROVE JANE ROLLINSON TO ALLOW CONSTRUCTION OF THE HOME SEAWARD OF THE COASTAL SETBACK COASTAL CONSTRUCTION CONTROL LINE AND SECTION VIII.I.2.B(2) AND VIII.I.2.D TO EXCEED THE MAXIMUM ALLOWANCE AND VIII.N.2 TO EXCEED THE RETAINING WALL ALLOWANCES BASED ON THE FOUR FINDINGS IN FACT IN THE FIVE CONDITIONS LISTED IN THE STAFF REPORT.

>> CHAIR: THANK YOU, JOHN, DO I HAVE A SECOND:

[Board Report ]

>> BOARD MEMBER: DID HE SAY 22 ? 10?

>> BOARD MEMBER: I SAID 22 ? 7. >> CHAIR: DO I HAVE A SECOND?

>> BOARD MEMBER: OKAY WE HAVE A SECOND IS EVERYONE READY TO VOTE? I DON'T THINK WE CAN USE OUR BUTTONS SO LET'S GO AHEAD AND START WITH RICH.

IS THAT A YES? MEGAN? NO? I AM A YES.

YES. THE MOTION PASSES 4-1.

>> GUEST SPEAKER: THANK YOU ALL VERY MUCH.

>> CHAIR: THANK YOU. OKAY, THERE ARE SOME OTHER AREAS OF BUSINESS THAT I WOULD LIKE TO ADDRESS.

RICH, I HAVE YOURS ON MY LIST AS WELL AND I DIDN'T GET THAT.

WE HAVE GOTTEN ASK APPLICATIONS OR THE COUNTY HAS GOTTEN SIX APPLICATIONS FOR THE BOARD SEAT THAT IS EXPIRING THAT IS HARRY GRAHAM'S. THEY SHOULD'VE ALL BEEN SENT TO YOU. I DON'T KNOW IF YOU HAD TIME TO TAKE A LOOK AT THEM THAT OF THE SIX APPLICATIONS, FOUR OF THE APPLICANTS DO NOT LIVE IN THE PONTE VEDRA ZONING DISTRICT AND SO, THEY WOULD NOT QUALIFY, SO, EUGENE WILSON, KATHLEEN FLORIAN, NATALIA FLAM, FLAM I THINK AND DAVID NARDONE DO NOT QUALIFY FOR OUR CONSIDERATION OR FOR THE COUNTY COMMISSIONERS CONSIDERATION AS WE MAKE A RECOMMENDATION FOR THE COUNTY COMMISSIONERS. THERE WERE TWO OTHERS THAT WERE PRECEIVED THAT ARE IN THE ZONIN AREA AND THAT IS CF CHIP GREEN THE THIRD AND THOMAS BAKER. I DID NOTE THAT THOMAS BAKER IS CURRENTLY ON THE PONTE VEDRA ARCHITECTURAL REVIEW COMMITTEE AND HE WOULD NOT ALL IF I UNLESS HE RESIGNS FROM THAT POST. WE MAY WANT TO REACH OUT TO HIM TO ASK HIM TO DO THAT. WE HAVE ANOTHER SEAT THAT WOULD BE COMING VACANT AS WELL. AND SO, I WOULD ASK CHRISTINE AT THIS MEETING DO WE JUST REVIEW THIS AND ASKED THE STAFF TO CHECK THE REFERENCES? AND HOW DO WE MAKE A RECOMMENDATION TO THE COUNTY COMMISSIONER AFTER WE CONSIDER

THESE APPLICANTS? >> GUEST SPEAKER: YES YOU WILL WANT TO HAVE THIS ON AN AGENDA SEEK INFORMALLY CONSIDERATE.

>> CHAIR: JUNE MAC. >> GUEST SPEAKER: YES.

IF YOU HAVE OTHER INFORMATION THAT YOU WANT STAFF TO LOOK AT FOR THE STAFF REPORT FOR JUNE YOU CAN TALK ABOUT THAT NOW.

>> CHAIR: I WOULD LIKE THE REFERENCES CHECK.

YOU KNOW, I'M NOT SURE IF THEY'VE DONE THIS BEFORE WE SHOULD OPEN IT UP TO THE BOARD TO SEE IF WE SHOULD CHECK

REFERENCES BUT GO AHEAD JOHN. >> BOARD MEMBER: EVER QUESTION FOR THE ATTORNEY A PERSON WHO'S ON THE ARCHITECTURE REVIEW BOARD. THIS IS A CHICKEN AND EGG SITUATION. WE APPROVE THEM DO THEY HAVE TO RESIGN OR DO THEY HAVE TO RESIGN BEFORE WE CAN APPROVE?

>> GUEST SPEAKER: WE CAN LOOK AT THAT BETWEEN NOW AND JUNE TO CONFIRM IF IT WOULD POTENTIALLY BE A DUAL OFFICE HOLDING ISSUE.

WE CAN CONFIRM. I DON'T KNOW IF IT SAYS ON ESTHER BAKER'S APPLICATION WHEN THAT TERM EXPIRES.

>> CHAIR: I HAPPEN TO KNOW THAT INFORMATION.

THE ARCHITECTURAL REVIEW COMMITTEE I HAVE THEIR LIST AND HAVE TWO VACANT POSITIONS NOW. THEY HAVE PEOPLE WHO THEIR TERMS HAVE NOT EXPIRED AND THEY HAVE THREE PEOPLE, THOMAS BAKER INCLUDED WHO HAVE AGREED TO SERVE UNTIL THEIR TERM EXPIRES.

SO, RIGHT NOW, OF THE SEVEN PLACES THEY ONLY HAVE FIVE ON THEIR BOARD AND IF HE WERE TO RESIGN THEY WOULD HAVE FOR AND SO I JUST WANT TO BE CAUTIOUS AND NOT PUT COMMISSIONERS IN A BAD SITUATION. ONE OTHER BOARD SEATS THAT I

[01:45:04]

AND THAT IS WHAT HE SAID TO ME. WE CAN CHECK THAT.

>> GUEST SPEAKER: WE CAN CHECK THAT AND WE CAN CHECK THE

COUNTY POLICY AND ETHICS RULE. >> BOARD MEMBER: LET THE GUY QUIT AND THEN WE CAN SAY WE DON'T LIKE YOU.

[LAUGHTER] >> CHAIR: I THINK OUR BOARD NEEDS THE ARK TO BE FULLY FUNCTIONAL.

>> BOARD MEMBER: THAT WAS MY POINT.

WE DON'T WANT TO POACH. >> GUEST SPEAKER: A LIKE HIS

RESUME. >> CHAIR: I WOULD SAY THAT BOTH OF THEM SEEMED QUALIFIED. HE WAS VERY QUALIFIED GIVEN THAT HE IS A PROFESSIONAL ENGINEER AND I COULD SEE WHY.

RICH? >> BOARD MEMBER: CHAIR, IS THE ARK FOUNDRY THE SAME AS OURS AS FAR AS THE RESIDENT SEE?

OR DO THEY COVER A LARGER AREA? >> CHAIR: THE ARK COVERS THE PONTE VEDRA ZONING DISTRICT REGULATION OR THEY HAVE A LITTLE BIT DIFFERENT IN TERMS OF WHAT THEIR MEMBERS ARE.

TWO MEMBERS RESIDE WITHIN THE ZONING DISTRICT.

TWO MEMBERS RESIDE WITHIN DISTRICT NUMBER 4 BUT NOT IN THE ZONING DISTRICT. THEY DO HAVE TWO MEMBERS OUTSIDE THE ZONING DISTRICT AND I WAS THEY THAT THE CCO D, TWO OF THE C COD OUTSIDE OF THE DISTRICT ARE NOT FILLED RIGHT

NOW. >> BOARD MEMBER: ARE ANY OF THOSE APPLICANTS WE CAN'T USE, CAN WE HAVE THE COUNTY PASS IT

ON TO THE ARK? >> CHAIR: WHAT I WILL DO IS I WILL LET JOANN WHO IS HANDLING THIS POINT THEM IN THAT DIRECTION. THEY DID NOT PUT IT IN THE APPLICATION THAT WE WERE LOOKING FOR THAT BUT IT DOESN'T MEAN THAT SHE CAN'T APPROACH THEM SINCE THERE ARE SOME

OPENINGS. >> BOARD MEMBER: AND ALSO SHE CAN MARKET THE FACT THAT THE MEETINGS ARE HELD IN THE

LIBRARY AND PONTE VEDRA. >> CHAIR: I GET THAT.

I WAS ABLE TO DETERMINE THAT IT WAS LEGISLATION THAT REQUIRES US TO MEET AT THE COUNTY SEAT NOT DESIGNATED BY THE ADMINISTRATOR OF THE COUNTY BUT WE WOULD HAVE TO COMPEL CINDY STEPHENSON OR TRAVIS HUDSON TO PRESENT SOME LEGISLATION TO CHANGE THAT WE WOULD LIKE TO CHANGE THAT AND THAT ISN'T BEYOND THE REALM OF POSSIBILITY.

WE MAY ASK ONE OF THEM TO DO THAT FOR SO WE CAN HAVE OUR MEETINGS IN PONTE VEDRA AND RESIDENTS CAN COME TO THE MEETINGS AND BE ABLE TO LET US KNOW WHAT THEIR OPINIONS ARE IN TERMS OF THE REGULATIONS AND THAT KIND OF THING.

>> BOARD MEMBER: MY PERSONAL GASES THAT WON'T HAPPEN.

IF YOU THINK ABOUT THE FILMING REQUIREMENTS THE REQUIREMENTS THAT THE COUNTY IS CHARGING BECAUSE WE ASK ABOUT THAT MANY YEARS AGO IN THE COUNTY SAID VERY FIRM NO.

>> CHAIR: I AM GOING TO ASK FOR TRAVEL EXPENSES APPROVED.

WE MAY ASK THAT AT A FUTURE TIME.

NONETHELESS, WE DO HAVE CHIP GREEN AS AN APPLICANT AND I WOULD LIKE TO CONSIDER HIS APPLICATION AT THE JUNE MEETING IF THOMAS BAKER COMES ELIGIBLE AS WELL AND COULD WE HAVE THE COUNTY STAFF WHO HANDLES THIS JUST VERIFY WHO THEY PUT DOWN AS THEIR PROFESSIONAL REFERENCES? I WOULD LIKE TO INVITE THEM TO THE MEETING IF THEY WOULD LIKE TO APPEAR AND INTRODUCE THEMSELVES TO US.

ANYTHING ELSE FROM THE BOARD THAT YOU WOULD LIKE?

>> BOARD MEMBER: ONE THING THAT MIGHT MAKE IT EASIER IS IF THE REFERENCES WROTE A LETTER SAYING SOMETHING ABOUT THE CANDIDATE. THAT'S AN EASY WAY FOR THEM TO

COMMUNICATE TO EVERYBODY. >> CHAIR: I THINK WE WOULD ACCEPT A LETTER OR VERBAL RECOMMENDATION.

I DO KNOW CHIP GREEN HE LIVES ON OUR STREET AND I CAN GIVE HIM A RECOMMENDATION HE'S ONE OF OUR NEIGHBORS AND I DON'T DO ANY WORK WITH HIM PROFESSIONALLY BUT I KNOW HIS WIFE AND HIS CHILDREN AND HE SEEMS LIKE AN UPSTANDING CITIZEN AND A BRIGHT INDIVIDUAL AND I DON'T KNOW WHY HE WOULD BE A GOOD CANDIDATE FOR THIS POSITION.

>> BOARD MEMBER: CHAIRWOMAN? HAVE A QUESTION PEERED IF YOU MISSED THREE CONSECUTIVE MEETINGS, YOU ARE ASKED TO

BRING LUNCH OR SOMETHING? >> CHAIR: SO, PREVIOUS TO THIS MEETING MARIE DID DO AN ATTENDANCE RECORD FOR US WE ARE

[01:50:06]

WE HAVE HAD AN ISSUE OF NOT HAVING SEVEN PEOPLE HERE SWEEP HAD TO DELAY SOME OF THE THINGS WE'VE HEARD AND IT IS REALLY IMPACTING APPLICANT'S ABILITY TO HAVE THEIR APPLICATIONS DECIDED UPON AND IF YOU DO MISSED THREE MEETINGS THERE IS ACTUALLY TWO OF THREE CONSECUTIVE MEETINGS HERE THERE'S A QUESTION AS TO COMMITMENT AND THAT KIND OF THING. BASED ON THAT I WAS GOING TO RING IT UP TO THE COMMISSIONER ABOUT IF THEY'RE NOT IN COMPLIANCE AND WHAT THEIR FUTURE AVAILABILITY WILL BE TO ATTEND THESE MEETINGS AND IF THEY CANNOT WE WOULD CONSIDER

PERHAPS REPLACING THEM. >> BOARD MEMBER: THE ACTUAL LANGUAGE IS ANY MEMBER WHO FAILS TO ATTEND TWO OR THREE SUCCESSIVE MEETINGS WITHOUT THE CHAIRMAN HERE THEY SHALL BE RECOMMENDED TO THE ST. JOHN'S BOARD COMMISSIONERS FOR DISMISSAL OF SUCH BOARD ON PAGE 58.

>> CHAIR: I DON'T FEEL COMFORTABLE RECOMMENDING DISMISSAL BEFORE THERE IS A CONVERSATION.

SAM DID NOT CALL ME TO ASK TO BE EXCUSED BUT HE DID CALL THE STAFF TO LET HIM KNOW HE IS IN SPAIN AND DOING AN IRONMAN CONTEST OR SOMETHING LIKE THAT. BUT NONETHELESS, I THINK THIS DOES NEED TO BE ADDRESSED BECAUSE OF WHAT HAPPENED WITH

ITEM NUMBER 1 TODAY. >> BOARD MEMBER: HISTORICALLY IN THE PAST WE'VE ALLOWED A CALL IN TO THE STAFF TO CHANGE

THAT IN THE FUTURE. >> CHAIR: ALL RIGHT, THANK YOU JOHN. OKAY.

ONE OF THE OTHER THINGS THAT KRISTI AND I TALKED ABOUT THAT WE WILL BE DOING IN THE FUTURE IS THERE WILL BE MINUTE OF THE MEETING AND WE WILL BRING IT TO THE GROUP TO BE APPROVED SO WE HAVE A RECORD OF THE MINUTE TO MAKE SURE IT IS ACCURATE TO MAKE SURE WHAT WAS SAID TODAY. THOSE ARE THE THINGS THAT I HAD. SO, RICH, DO YOU WANT TO TALK

ABOUT SOMETHING? >> BOARD MEMBER: YES.

I WANTED TO TALK ABOUT THE LEVEL OF THE FOUNDATION BASED ON VACANT LOTS VERSUS HOMES THAT HAVE BEEN DEMOLISHED AND THEN HOMES ARE BUILT. THAT PROPERTY, I SENT YOU AN EMAIL ON 307 PONTE VEDRA BLVD. IT HAS DEFINITELY INCREASED HEIGHT FROM WHAT APPEARED TO BE THE ORIGINAL SLAB WAS PROBABLY FIVE FEET OF DIRT AND SAND. BUT WE HAVE HAD A COUPLE OF QUESTIONS HERE BEFORE OF HOW DO YOU DETERMINE WHERE THE SLAB LEVEL SHOULD BE. IT PLAYED INTO THE 32 HEIGHT

LIMIT AT THE BASE OF THE 32. >> CHAIR: YOU ARE TALKING ABOUT HOMES THAT ARE ON THE EAST SIDE OF THE BOULEVARD? THERE THERE ARE SOME FEMA REQUIREMENTS TO BUILD THE HOUSE AT A HIGHER ELEVATION PREVIOUSLY.

JACOB, IS IT FOUR FEET? THEY HAVE TO BE FOUR FEET ABOVE, FOUR FEET STICKS IN MY MIND.

>> GUEST SPEAKER: I DON'T HAVE THE ANSWER TO THAT QUESTION RICHARD, I APOLOGIZE I WASN'T ABLE TO RESEARCH THAT PARTICULAR PROPERTY. WE MIGHT BE ABLE TO SPEAK TO THE HEIGHT ALLOWED ASSOCIATED WITH FEMA AND ALL OF THAT BUT TYPICALLY SIX INCHES OF FILL IS THE LIMIT FOR COMING IN WERE A PREVIOUS HOME HAS ALREADY BEEN THERE BUT OF COURSE, LIKE YOU SAID THE BEACHFRONT NATURE THERE IS DEFINITELY SOME FLEXIBILITY IN THEIR DEPENDING ON FLOOD REQUIREMENTS AND SO

FORTH. >> BOARD MEMBER: DOES THAT INCLUDE WHERE THE SLAB WILL BE OR THE FIRST FLOOR OF THE

STRUCTURE? >> GUEST SPEAKER: I CAN.

>> BOARD MEMBER: SOME OF THAT STUFF.

IN RELATION TO WHAT YOU ARE ASKING FOR THE SLAB OF THE FIRST FLOOR, LOOK AT THOSE TWO INDEPENDENTLY.

THE SLAB I WILL YOU EQUATE THAT TO A BUILDING PAD HEIGHT THE GROUND LEVEL AROUND THE PERIMETER OF THE STRUCTURE THAT IS WHERE THE INTEGRATED AVERAGE OR THE ONE OF THE ADDRESS FILL CRITERIA TAKES ITS MEASUREMENT. IT DOESN'T NECESSARILY CARE MUCH ABOUT THE FINISHED FLOOR BECAUSE THAT IS ALL STRUCTURAL.

IT REALLY CARES ABOUT THE FINISHED GRADE AROUND THE PERIMETER OF THE SURE. THE FINISHED FLOOR COULD BE UP

[01:55:01]

IF YOU'RE GOING TO DO SOME ARCHITECTURE BACK THERE IT'S GOING TO BE A LOSS OF FOUR FEET THAT YOU WON'T BE ABLE TO RECOUP SO YOU WOULDN'T NECESSARILY BE ABLE TO HAVE A NINE FOOT HOME BECAUSE WE DO MEASURE THAT HEIGHT IMITATION AROUND THE PERIMETER OF THE STRUCTURE RATHER THAN THE FINISHED FLOOR. FOR SOME JURISDICTIONS IT IS AT THE CROWN OF THE ADJACENT ROAD. IN ST. JOHN'S COUNTY BUILDING HEIGHT IN PONTE VEDRA SAME AS THE REST OF THE COUNTY WE DO IT FROM THE GROUND AROUND THE PERIMETER OF THE STRUCTURE.

WITH FEMA IN THE OCEANFRONT HOME SPECIFICALLY THE MAGIC NUMBER IS WHAT IS THE BOTTOM OF THE LOWEST HORIZONTAL STRUCTURAL MEMBER. YOU HAVE THE FILE THAT WILL BE THE FOUNDATION OF THE HOME THE DEEP PILE AND DID THEY ALWAYS PUT A CAP ON THOSE AND IF ANY OF THEM RUN HORIZONTALLY WHICH THE ALWAYS SAYS IT CONNECTS THE PILES TOGETHER THE BOTTOM OF THAT HAS TO MEET THE FEMA REQUIREMENTS PLUS ANY JURISDICTION FREE BOARD SO IN ST. JOHN'S COUNTY IF THEY ARE IN A FLOOD ZONE VELOCITY ZONE THAT'S USUALLY THE OCEANFRONT AND THAT'S THE MOST CUMBERSOME ONE AND THAT WOULD BE AN EXTRA TWO FEET P LESS TO SAY IT WOULD BE A 15 FEET FEMA BFA THE COUNTY SAID YOU DON'T NEED TO BE AT 50 YOU HAVE TO BE AT 70'S WE HAVE A BUILT-IN REQUIREMENT THERE AND THAT COULD BE FOUR FEET IT COULD BE AN EXTRA TWO FEET ALLOTMENT AND I'M NOT SURE FOR ON THE SAME PAGE IF WERE ANSWERING EXACTLY WHAT YOU'RE

LOOKING FOR. >> BOARD MEMBER: ARE WE SAYING THAT FEMA IS REQUIRING THESE REBUILDS TO ACTUALLY ADD SOIL?

>> GUEST SPEAKER: NOT SOIL. FEMA DOES NOT LIKE DIRT.

LET ME PUT IT THIS WAY. FEMA DOES NOT LIKE STRUCTURAL FILL PIT THAT'S A NO-NO IN THE FEMA FLOOD WORLD.

THEY DON'T MIND A SOIL BEING USED FOR LANDSCAPING, DRAINAGE AND WHAT WE WOULD CALL FLUFF FILL FOR THINGS.

THEY DON'T WANT IT TO BE USED TO SUPPORT THE HOME.

SO WHAT THE DISK DELAY HOMES ARE DESIGNED TO BE THERE DESIGNED TO BE FREESTANDING AFTER A STORM EVENT.

A STORM COMES AND WASHES OUT ALL THE FILL THEY DON'T WANT TO BE SPILING PIT THEY DON'T WANT TO BE RELIANT ON ANY SORT OF STRUCTURAL FILL.

3307 WHAT THEY'RE DOING UP THERE IT'S HARD TO SAY I'M NOT 100 PERCENT FAMILIAR OF WHAT'S GOING ON.

WHAT THEY'RE PROBABLY DOING IF IT LOOKS LIKE THEY'RE BRINGING IN A LOT MORE THAN EXPECTED THEY'RE PROBABLY USING THAT TO ESTABLISH THEIR AUGER CAST PILINGS.

INSTEAD OF DOING FORMS FOR THE PILINGS THEY WILL FILL UP THE SITE AND THEY WILL AUGER DOWN PUT THE STEEL IN PULL IT OUT AND FILL IT BACK IN WITH CONCRETE.

WHEN THEY ARE DONE THEY WILL TAKE THE EXCESS DIRT AWAY AND THAT LEAVES THE PILE AT THE TOP OF WHERE IT NEEDS TO BE PAID THE TOP OF THE PILE IS GOING TO BE ABOUT WHERE THE HORIZONTAL STRUCTURE IS GOING TO BE AND THE HEIGHT OF THE FILL IS WHERE THE BOTTOM OF THE B AND ALL OF THAT, IF THAT'S THE PROCESS THEY ARE USING ALL THE EXTRA MATERIAL WILL COME OUT AND THEY WILL PUT A SKIRT WALL AROUND THE STRUCTURE TO HIDE THE PILES AND WHATEVER DIRT IS LEFT BEHIND THE PILE OR SOIL LEFT BETWEEN THE PILE THAT JUST WASHES OUT.

WHENEVER THE EVENT COMES. >> CHAIR: ,OKAY THANK YOU.

I DON'T KNOW IF I MADE IT CLEAR BUT CHRISTINE, JACOB, IF WE COULD ASK, CAN WE HAVE THE WARD POSITION ON THE JUNE AGENDA? I WILL TALK TO HENRY DEAN ABOUT GETTING IT ON THE COMMISSIONER AGENDA AS WELL AS SOON AS POSSIBLE AFTER THAT.

I THINK THE ONLY OTHER THING I WANTED TO TALK TO THE BOARD ABOUT BECAUSE WE CAN'T TALK ABOUT THIS SEPARATELY I KNOW JOHN YOU HAD SOME GREAT ARGUMENTS FOR ITEM NUMBER 1 TODAY ON WHY YOU THINK IT SHOULD BE APPROVED AND YOU HEARD ME TALK BEFORE THAT IT WOULD BE DIFFICULT TO CONVINCE ME TO ALLOW A SIX FOOT FENCE BUT ONE OF THE THINGS IF WE COULD FIND A HARDSHIP IT CAN CONVINCE ME AND THE HARDSHIP HERE WOULD BE SOMETHING PECULIAR TO THAT PROPERTY.

THAT IS THE GUARD DOGS NEXT DOOR.

READING THE LANGUAGE IN HERE AND NOT HEARING FROM THE RESIDENCE AND IT SAYS I CAN'T REMEMBER THE WORDS THEY USED IN HERE BUT ALLEGEDLY AGGRESSIVE DOGS.

I WOULD LIKE TO HEAR FROM THE OWNERS OF THAT PROPERTY AND THE OWNERS SELL FOR VAT THAT ALSO HAVE TO DEAL WITH THE DOGS.

I CAN REQUEST, WE CAN REQUEST THOSE HOMEOWNERS TO APPEAR BEFORE US WE CAN ALSO SUBPOENA THOSE HOMEOWNERS TO COME BEFORE

[02:00:05]

>> BOARD MEMBER: I WAS THINKING AFTER WE MOVED ON FROM THAT ITEM I WISH I HAD ASKED IF JOHN COULD DO HIS PRESENTATION ON THE SMOKING GUN AND AT LEAST THAT MATERIAL WOULD BE ON RECORD. I COULD BE OUT IN JULY P JULY 11TH IS MY BIRTHDAY. I USUALLY GO OUT OF TOWN FOR A WEEK I'M JUST THINKING THAT THIS THING IS GOING TO PLAY ON AND I DON'T LIKE THE PART WHERE IT DOES POSSIBLY LOOK LIKE THE APPLICANT IS CHERRY PICKING BOARD MEMBERS TO BE WHEN THEY ARE HERE AND NOT HERE. I DON'T KNOW, LEGALLY IF WE CAN STILL HEAR A STATEMENT FROM JOHN.

IF YOU SUCH GREAT INFORMATION. >> BOARD MEMBER: IS NOT INFORMATION IS JUST MY APPROACH THE WHOLE THING.

I WILL LET YOU COUNTY ATTORNEY TO ADDRESS IT.

>> BOARD MEMBER: IF HE CAN CONVINCE US TO AGREE AND CHANGE OUR VOTE, TWO OF THE THREE NEED TO CHANGE THE VOTE.

I MEAN, THE PERSON IS HERE, WE ARE HERE.

>> BOARD MEMBER: WHAT IF JOHN WROTE A LETTER REGARDING HIS POSITION THAT WE COULD READ AT THE MEETING?

>> BOARD MEMBER: FIRST OF ALL WE HAVE ALREADY APPROVED IT BEING POSTPONED TO THE JULY MEETING.

WE CAN'T UNDO THAT. I CAN'T DO A PRESENTATION WITHOUT THE APPLICANT BEING HERE PIT THEY NEED TO BE INVOLVED AND EITHER AGREE OR DISAGREE WITH MY PRESENTATION BUT WHAT HAS HAPPENED OVER THE 23 YEARS RIGHT NOW.

SO, I THINK THE DIE HAS ALREADY BEEN CAST PAID WE WILL HAVE A MEETING JULY 11. JULY 11TH AND I THINK, ALSO, WE ARE PRETTY FIRM THAT WHOEVER IS HERE IS HERE AND WE VOTE ON IT UNDER THAT TIME UNLESS WE DON'T HAVE A QUORUM.

>> CHAIR: IS THAT WHAT YOU'RE GOING TO SAY CHRISTINE?

>> BOARD MEMBER: YES, THAT THE DECISION TO HEAR IT HAS ALREADY BEEN MADE. IN ORDER TO HAVE FULL DIALOGUE BETWEEN THE APPLICANT AND THE BOARD MEMBERS I THINK THAT INFORMATION SHOULD BE SHARED AT THE HEARING IN A SOME INFORMATION THERE'S AN EMERGENCY AND IF SOMEONE STILL WANTS A MEMBER WANTS INPUT AND ALTHOUGH THEY CAN'T ATTEND A MEETING THEY CAN PROVIDE A STATEMENT AND THAT STATEMENT SHOULD BE PROVIDED IN ADVANCE TO THE APPLICANT SO THEY ARE AWARE OF IT AND THEY CAN COMMENT.

>> CHAIR: MEGAN, YOU HAD A, YOU WANTED TO MAKE ON WHETHER WE ASK OR SUBPOENA PEOPLE AFTER THE MEETING?

>> BOARD MEMBER: I THINK I WOULD REQUEST A LETTER THAT THEY ARE NOTIFIED. WHEN YOU LIVE NEXT DOOR TO SOMEBODY AND THERE IS A VARIANT YOU SEE THAT ORANGE SIGN IN THE YARD AND SOME PEOPLE UNDERSTAND WHAT THAT MEANS.

AND THEY WOULD THEN COMMENT. AND, THE MAJORITY OF PEOPLE WHO LIVE IN PONTE VEDRA DON'T KNOW THAT THAT ORANGE SIGN, WHAT IT MEANS. MY REQUEST WOULD NOT HAVE ANYTHING TO DO WITH ORANGE SIGN IT WOULD BE TO VERIFY THE INFORMATION PRESENTED TO US ABOUT AGGRESSIVE DOGS THAT REQUIRE A SIX FOOT FENCE. HARDSHIP WOULD BE PECULIAR TO THAT PROPERTY AND I WANT TO VERIFY.

>> BOARD MEMBER: I WAS TRYING TO EXTRAPOLATE SAYING IF WE DO IT FOR THIS IS THAT I WOULD WRITE A LETTER AND ASKED THEM TO PROVIDE COMMENT BUT THE SUBPOENA SEEMS DIFFERENT.

I REALIZE WE WANT TO BE THIS BECAUSE I JUDICIAL AND WE WANT TO MAKE A STATEMENT TELLING THEM THAT EVERYTHING THEY SAY IS TRUTHFUL, SO ON AND SO FORTH.

BUT SUBPOENA SEEMS TO BE GOING TOO FAR.

>> BOARD MEMBER: I AGREE THAT'S GOING TOO FAR.

I THINK THAT IT'S UP TO THE APPLICANT TO MAKE THE BEST PRESENTATION AS POSSIBLE AND BRING THE BEST PEOPLE TO SUPPORT THEIR CASE. IF WE START TELLING THE

[02:05:02]

THINK WE HAVE ALREADY DONE IT. YOU'VE ALREADY SUGGESTED TO THEM THAT THEY NEED TO PRESENT A BETTER ARGUMENT.

AND HOPEFULLY BRAD WILL PAY ATTENTION AND COME BACK WITH THE RIGHT PEOPLE. I DON'T WANT TO SUBPOENA

PEOPLE. >> CHAIR: OKAY THAT'S WHAT I WANTED TO KNOW HOW THE BOARD FELT ABOUT THAT AND THE BURDEN OF PROOF IS ON THE APPLICANT TO TELL US ABOUT THE HARDSHIP.

IF THEY DON'T PROVIDE THE PEOPLE WHO WOULD CONVINCE ME OF

[Staff Report ]

IT'S VERY HELPFUL. THANK YOU.

>> BOARD MEMBER: WE HAD A CASE LAST JULY WHERE THE APPLICANT DID NOT BRING SOMEONE THAT WE HINTED THEY SHOULD BRING IN THE APPLICANT WAS INSULTED SAYING YOU DIDN'T TELL US TO BRING THAT PERSON AND HER RESPONSE WAS YOUR WHOLE ARGUMENT IS BASED ON YOUR ENGINEERING REPORT.

YOU SHOULD HAVE BROUGHT YOUR ENGINEER.

THIS IS ONE OF THE FEW TIMES WHERE WE HAVE MOVED SOMETHING FORWARD A FEW MONTHS WERE WE COULD TELL SOMEONE TO BRING

SOMEONE. >> CHAIR: ALL RIGHT, ENKE OCAMA THAT WAS HELPFUL. ARE THERE ANY OTHER STAFF REPORTS OR STAFF COMMENTS THAT YOU WOULD LIKE TO MAKE?

>> BOARD MEMBER: I WOULD. AT THE END OF LAST MEETING MEGAN PROVIDED AN EMAIL REGARDING STAFF INTERPRETATION OF SECTION 6065 C3 REGARDING CIRCULAR DRIVEWAYS AND ASKED ME TO LOOK INTO THAT BECAUSE IT HAD BEEN A REINTERPRETATION OR RECENT INTERPRETATION FROM THE ENGINEER REGARDING WHAT TYPES OF PROPERTIES WERE ELIGIBLE FOR CIRCULAR DRIVES.

SO, I DID LOOK INTO THAT AND I FOUND THAT THE STAFF HAD ACTUALLY IN THE SUBJECT PROPERTY WAS 179 SAN JUAN DOCTOR AND I'M SURE THAT MEAN SOMETHING TO YOU ALL.

BEING NEW TO THE AREA IT'S NOT NEW TO ME BUT THIS IS A PROPERTY THAT DID NOT HAVE OR DOES NOT HAVE A SWALE OR A DITCH AND DOES NOT HAVE A CURBING GUTTER.

STAFF DOES HAVE THE CHIEF ENGINEER DOES HAVE THE AUTHORITY TO GRANT ADMINISTRATIVE WAIVERS FOR VARIANCE FROM THIS PART OF THE CODE IN PARTICULAR PERTAINING TO DRIVEWAYS AND THAT'S WHAT HAPPENED IN THIS CASE.

GRANTING THE WAIVER THE ENGINEER FELT IN HIS PROFESSIONAL OPINION THAT THE PROPOSAL MET THE PURPOSE AND INTENT OF THE CODE AND WHAT THEY LOOK LIKE AND THE REASON WHY THERE IS A DIFFERENCE IN SEPARATION OR LINEAR FEET REQUIREMENT BETWEEN PROPERTY WITH SWALES AND A PROPERTY WITH THE CURB AND THE GUTTER HAS TO DO WITH THE DRAINAGE.

SO, IN THIS PARTICULAR PROPERTY THERE WAS NO DRAINAGE FEATURE ON THE PROPERTY SO THEY DIDN'T FEEL THAT THERE WAS AN INTERFERENCE WITH DRAINAGE AND ALLOWING IT.

>> BOARD MEMBER: I GUESS YOU COULD TAKE A BIG STEP BACK.

WE KNOW THAT THE LANGUAGE ABOUT CIRCULAR DRIVEWAYS IS IN THE LAND DEVELOPMENT CODE. THERE IS NOTHING IN THE ZONING CODE THAT TALKED ABOUT CIRCULAR DRIVEWAYS.

SO WHEN IT CAME TIME FOR PONTE VEDRA BLVD.

AND THE PARKING ON PONTE VEDRA BLVD.

THE MST IN VARIOUS PEOPLE SAID MAYBE IF WE ALLOW MORE RESIDENTS TO HAVE CIRCULAR DRIVEWAYS AND EVERYONE COULD GO ON TO THE CIRCULAR DRIVEWAY AND MAKE TRAFFIC FLOW MORE EASILY.

THE BIG ISSUE WAS THAT YOU WEREN'T ALLOWED TO HAVE A CIRCULAR DRIVEWAY IN THE COUNTY WASN'T GRANTING CIRCULAR DRIVEWAYS AND ALL OF THOSE PROPERTIES ON PONTE VEDRA BLVD.

DO NOT HAVE SWALES AND DO NOT HAVE THE CURB AND GUTTER.

THE HISTORICAL INTERPRETATION WAS THERE FOR YOU COULD NOT HAVE A CIRCULAR DRIVEWAY SO ON AND SO FORTH.

IT WAS BROUGHT TO MY ATTENTION BY COMMUNITY MEMBERS THAT IF THE COUNTY IS CHANGING ITS LAND DEVELOPMENT CODE INTERPRETATIONS / LANGUAGE AND ALLOWING CIRCULAR DRIVEWAYS IN PLACES THAT HISTORICALLY WE WOULDN'T SEE THEM IN PONTE VEDRA WE WANT TO SAY THAT'S OKAY.

[02:10:05]

SOME LOTS THAT ARE VERY NARROW THE CIRCULAR DRIVEWAY START LOOKING MORE CLUTTERED AND SOME PEOPLE SAY IT'S NOT A PROBLEM I DON'T CARE. I JUST WANTED TO POINT OUT TO THE BOARD THAT THERE HAS BEEN A SHIFT IN INTERPRETATION AND THAT PARTICULAR RESIDENCE WAS INTERESTING TO ME ONLY BECAUSE THEY HAD COME TO US FOR A VARIANCE WHEN THEY WERE BUILDING THE HOME AND THEY WERE TALKING ABOUT SAVING THE TREES.

IT IS ON THE LAGOON AND RIGHT NEXT TO ONE OF BRAD'S OLD HOUSES. SO, THEY HAD A LOT SHAPE ISSUE IN YOUR ALLOWED TO COME CLOSER TO THE STREET AND KNOW SINCE THAT TIME THEY HAVE ADDED THE CIRCULAR DRIVEWAY.

AND SO - >> BOARD MEMBER: MEGAN, OR THEY EXEMPT FROM THE 40 PERCENT SOIL?

>> BOARD MEMBER: THEY HAVE USED THOSE DIAMOND BLOCKS THAT GRASS CAN GROW IN. I'M NOT TALKING ABOUT THE PERMEABILITY RATIO. I DON'T KNOW IF THAT WAS

RECALCULATED. >> BOARD MEMBER: OBVIOUSLY THAT WOULD BE IMPORTANT BECAUSE IF YOU'RE CREATING A CIRCULAR

DRIVEWAY? >> BOARD MEMBER: THE BIG QUESTION WAS DO WE WANT TO REGULATE CIRCULAR DRIVEWAYS IN THE AREA APPEARED WE SHOULD GO ABOUT THAT AND DRIVE AROUND AND SAY, SHOULD PEOPLE BE ALLOWED TO HAVE CIRCULAR DRIVEWAYS? THAT WOULD BE NEW NEWS AND SOMETHING TO HAVE.

>> BOARD MEMBER: WHAT I REMEMBER ON THE ENTR?E OF BOULEVARD CIRCULAR DRIVEWAY LOTS WERE 150 FEET WIDE 150 FEET WIDE AND A LOT OF THE LOTS ARE ONLY 100 FEET WIDE AND IN THE PAST WE HAD PREVIOUSLY APPROVED CIRCULAR DRIVEWAYS ON LOTS THAT WERE LESS THAN 150 FEET.

AND THAT'S WHERE IT CAME UP WAS SHOULD WE ON THE BOULEVARD ALLOW SMALLER AND NARROWER LOTS TO HAVE CIRCULAR DRIVEWAYS? AND THIS COULD GO INTO A LOT OF OTHER THINGS TO BE APPROVED.

MY PERSONAL ACCOUNT ON BOULEVARDS FOR MY HOUSE TO CORONA IS 60 PERCENT OF THE HOUSES ALREADY HAVE CIRCULAR DRIVEWAYS AND I DON'T THINK IT WOULD BE A MAJOR IMPACT ON US.

>> BOARD MEMBER: WHAT I'M ALLUDING TO IS NOW ALL OF THE OTHER NEIGHBORHOODS LEFT TO SAY JOHN'S NEIGHBORHOOD, PHILLIPS, THE DIFFERENT WHERE THE LOTS ARE SMALLER ARE CIRCULAR DRIVEWAYS AND ENHANCEMENT? A DETRIMENT OR NOAM ISSUE? I JUST WANT TO BE AWARE THAT PEOPLE HAVE CIRCULAR DRIVEWAYS

WHERE THEY DIDN'T USED TO BE. >> BOARD MEMBER: I DON'T THINK

THAT WAS THE ORIGINAL INTENT. >> CHAIR: WHAT WAS THE LANGUAGE THAT THE BOARD APPROVED ON CIRCULAR DRIVEWAYS ON ONE OF

EACH OF BOULEVARD? >> GUEST SPEAKER: I DON'T HAVE

THAT HANDY. >> CHAIR: I THINK IT DICTATES ON HOW CHANGES ARE MADE THEY ARE MADE BY THE BOARD OF COUNTY COMMISSIONERS EVEN TO OUR REGULATIONS OR THEY CAN AMEND, CHANGE THEM FIRST OR HAS TO BE A PUBLIC HEARING AS HARRY NOTED IN THE LAST CHANGES CAME TO US AND WHERE THE CITIZENS CAN BE HEARD AND THEN OF COURSE PUBLISHED IN THE COUNTY COMMISSIONERS TAKE OVER. I THINK THAT IS HOW CHANGES ARE MADE I KNOW THEY DID APPROVE SOME LANGUAGE AND I THINK YOUR QUESTION, MEGAN IS SHOULD BE ADOPTED AND WRITTEN INTO OUR REGULATIONS AND HOW DO WE WANT THAT TO BE WRITTEN SO THAT IT ONLY IMPACTS WHAT IT WAS INTENDED TO IMPACT AND THAT IS PONTE VEDRA BLVD. IS THAT CORRECT?

DID I SUMMARIZE THAT CORRECT? >> GUEST SPEAKER: KNOW WE HAVE LANGUAGE ON PONTE VEDRA BLVD. ON A REGULATIONS.

WE ARE SILENT ON ALL THE OTHER STREET IN THE PONTE VEDRA ZONING DISTRICT. AND SO, ACCORDING TO THE BOARD

[02:15:03]

NEIGHBORHOOD? >> BOARD MEMBER: I JUST KNOW THAT ONE OF THE NEIGHBORS ON MY STREET, HE HAD A CIRCULAR DRIVE AND THEN HE WAS TOLD THAT HE COULD NOT AFTER HIS HOUSE WAS BUILT HE PUT IN THE CIRCULAR DRIVE AND THEN HE WAS TOLD HE COULD NOT HAVE A CIRCULAR DRIVE AND IT WAS TAKEN OUT.

AND THAT IS ON OCEAN COURSE DRIVE WHICH IS NOWHERE NEAR

THIS. >> BOARD MEMBER: I'M SAYING THAT WAS THE OLD INTERPRETATION OF THE LAND DEVELOPMENT CODE.

I'M JUST BRINGING IT UP JUST TO SAY LIKE WHAT DO WE THINK THE COMMUNITY WOULD LIKE? WE WANT TO SEND A SURVEY OUT? DO WE WANT TO LOOK OURSELVES? SOME PEOPLE FEEL STRONGLY ABOUT HAVING THEM. THEY LIKE THEM AND OTHER PEOPLE THINK IT MAKES IT LOOK MORE CLUTTERED.

>> BOARD MEMBER: I'M GOING TO ASK CHRISTINE THIS QUESTION AGAIN I DON'T THINK THE BOARD'S ROLE IS TO REVIEW THE REGULATIONS AND ADJUST THEM. I THINK IF WE INDIVIDUALLY WOULD LIKE TO SEE A CHANGE HAVE TO COMPLY WITH THE REGULATIONS.

MAYBE RING IT HERE. I DON'T KNOW.

IS THIS SOMETHING THAT WOULD BE ABOARD RESPONSIBILITY OR INDIVIDUAL? I HAVE A SEPARATE GROUP ON A LEADERSHIP TEAM THAT IS GOING TO ADDRESS CHAIN-LINK AND OTHER THINGS. THINK THEY ARE ACTUALLY GOING TO ASK FOR AT SOME POINT A PUBLIC WORKSHOP BECAUSE REGULATION TO CHANGE EVERYTHING FROM THE PUBLIC WORKSHOP AND THEN YOU SUBMIT IT TO THE BOARD OF COUNTY COMMISSIONERS.

SO THE QUESTION ON WHAT MEGAN IS BRINGING UP IS A GOOD ONE.

>> GUEST SPEAKER: SURE. I'M NOT SURE IT WORKSHOP IS A REQUIRED ELEMENT TO PROPOSING. IT SAYS DIV INTEL AFTER A PUBLIC HEARING IN RELATION TO WHICH PARTIES AND INTERESTED CITIZENS HAVE AN OPPORTUNITY TO BE HEARD.

MAYBE THAT'S WHAT I THOUGHT OF AS WORKSHOP AND THEN 15 DAYS NOTICE BUT MAYBE THAT IS WHEN THE BOARD OF COUNTY COMMISSIONERS CONSIDERATE AND THE WORKSHOP IS AN ADD-ON.

MAYBE I MISINTERPRETED IT THAT WE NORMALLY HAD WORKSHOPS SOMETIMES HERE AND SOMETIMES IN PONTE VEDRA BECAUSE WE KNEW THE PEOPLE WERE NOT GOING TO ALWAYS COME DOWN HERE.

THEY FELT THAT THEY WERE REALLY LISTENING TO HIM IF WE TRIED TO HAVE A WORKSHOP IN PONTE VEDRA SO IF YOU ARE HAVING A FENCED WORKSHOP THEN MAYBE WE COULD RING THIS UP AT THE SAME TIME

AND THAT WOULD BE GREAT. >> BOARD MEMBER: YOU COULD GATHER PUBLIC INPUT AND WHAT YOU WOULD CALL IT WORKSHOP AND I THINK THAT'S JUST HOW THE PARTICULAR BOARD OPERATES.

FOR ME IT IS NOT A LEGAL REQUIREMENT IT'S JUST HOW THIS BOARD WORKS. I THINK THIS BOARD COULD SUGGEST A PROPOSED CODE CHANGE TO ADDRESS THE CIRCULAR DRIVE ISSUE AND ONCE YOU HAVE GATHERED INPUT FROM THE PUBLIC YOU CAN MAKE A RECOMMENDATION ON THAT LANGUAGE TO THE BOARD OF COUNTY COMMISSIONERS AND THEY WILL DECIDE ON WHETHER IT IS AN ORDINANCE

* This transcript was compiled from uncorrected Closed Captioning.