Feb 06, 2023 Ponte Vedra Zoning and Adjustment Board

[Call meeting to order]

[00:00:37]

REGULAR PUBLIC HEARING FOR FEBRUARY 6, 2023.

AND WE HAVE ALL MEMBERS OF THE BOARD THAT ARE PRESENT TODAY, SO MAY WE HAVE A READING OF THE PUBLIC NOTICE STATEMENT, JOHN?

>> YES, THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN COP COURAGES WITH THE REQUIREMENTS OF FLORIDA LAW.

THE PUBLIC WILL BE GIVEN AN TUNNEL TO COMMENT ON TOP TICKS RELEVANT TO THE HOSPITALLER BOARD'S AREA OF JURISDICTION AND THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO OFFER COMMENT AT A DESIGNATED TIME DURING THE MEETING.

ANY OF MEMBER OF THE PUBLIC DESIRING TO SPEAK MUST INDICATE BY COMPLETING A SPEAKER CARD. ADDITIONAL SPEAKERS WILL BE HEARD ONLY AT THE DISCRETION OF THE CHAIRMAN.

THE PUBLIC SHALL SPEAK AT A TIME ON EACH ITEM AND FOR A LENGTH OF TIME DESIGNATED BY THE CHAIRMAN WHICH SHALL BE THREE MINUTES.

SPEAKERS SHALL IDENTIFY THEMSELVES, WHO THEY REPRESENT, STATE THEIR ADDRESS FOR THE RECORD.

SPEAKERS MAY OFFER SWORN TESTIMONY.

THE FACT THE TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE BOARD THIS DETERMINATION OF THE WEIGHT AND TRUTHFULNESS OF THE COME. IF A PERSON DECIDES APPEAL A DECISION WITH RESPECT TO THE MATTER CONSIDERED AT THE HEARING SUCH PERSONS NEEDS TO HAVE A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT THE VERBATIM RECORD IS MADE, WHICH RECORD INDICATES THE TESTIMONY CAN EVIDENCE UPON WHICH THE BOARD APPEAL IS BASED. PHYSICAL AND DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING SUCH AS DIAGRAMS CHARTS PHOTOGRAPHS CAN WRITTEN STATEMENTS WILL BE RETAINED BY STAFF AS PART OF THE RECORD, THE RECORD WILL BE AVAILABLE FOR OTHER BOARD AGENCIES OR COMMITTEES TO REVIEW THE APPEAL ON THE RELATED ITEM. THE BOARD MEMBERS ARE REMINDED THEY NEED TO STATE IF THEY HAVE HAD ANY COMMUNICATION WITH THE COMPLICATE OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM. SUCH COMMUNICATIONS OFFERED THE BOARD MEMBER SHALL IDENTIFY THE PERSON INVOLVED AND THE MATERIAL CONTENT OF THE COMMUNICATIONS. CIVILITY CLAUSE, WE WILL RESPECT EACH OTHER EVEN IF WE DISAGREE AND DIRECT ALL COMMENTS TO THE ISSUE ASKS WE WILL HAVE NO PERSONAL ATTACKS.

>> THANK YOU JOHN. BEFORE WE ASK FOR ANY PUBLIC NOTICE STATEMENT WE DID NOT SAY THE PLEDGE OF ALLEGIANCE, SO IF WE COULD DO THAT NOW PLEASE. .

[2. PVZVAR 2022-16 Feeley Fence Variance. Request for a Zoning Variance to Section VIII.N of the Ponte Vedra Zoning District Regulations to allow for six (6) foot fencing in lieu of the four (4) foot requirement. The subject property is located at 698 Ponte Vedra Blvd.]

LIBERTY AND JUSTICE FOR ALL. >>> OKAY.

ARE THERE ANY PUBLIC COMMENTS TODAY ON A TOPIC OTHER THAN WHAT IS SCHEDULEED? ALL RIGHT, SEEING NOBODY COMPLAINING FORWARD, WE ARE GOING TO HAVE ITEM NUMBER ONE WHICH IS THE ELECTION OF THE CLAIRE AND VICE SANCTUARY CHAIR TO GO AT THE END OF OUR GEMMED GEMMED SO THE FIRST THING WE'RE GOING TO HEAR WOULD BE THE FEELLY FENCE VARIANCE AND WE'LL GO DOWN THE LINE AND ASK THE BOARD MEMBER IF YOU HAVE VISITED THE PROPERTY OR HAD DISCUSSION WITH THE FEELLIES ON THIS

SUBJECT. >> I EVER NOT HAD ANY DISCUSSION WITH THE FEELLIES AND I HAVE NOT VISITED THE PROPERTY.

>> I HAVE VISITED THE SITE, I HAVE NOT HAD ANY COMMUNICATION

WITH ANYBODY. >> I DID VISIT THE SITE, I KNOCKED TON FEELLY'S DOOR, DELAY WEREN'T HOME BUT I WAS AVAILABLE

TO VIEW THE PROPERTY. >> AS I WAS ABLE TO VISIT THE SITE THIS AFTERNOON, MET MR. FEELLY, GOING TO A TOUR OF THE BACKWARD AND HE SHOWED ME THE ISSUES, SO I DID MEET WITH

MR. FEELLY. >> I VISITED THE SITE YESTERDAY AND TALKED BRIEFLY WITH MR. FEELLY.

>> I DROVE BY THE SITE BUT I DID NOT SPEAK TO ANYONE.

>> THANK YOU. DO YOU WANT TO APPROACH THE PODIUM, PLEASE? STATE YOUR NAME AND ADDRESS FOR THE RECORD AND ANY PRESENTATION THAT YOU WOULD LIKE TO MAKE,

[00:05:04]

PLEASE. >> GOOD AFTERNOON, I'M CINDY

FEELLY, AND MY HUSBAND. >> KEVIN, NICE TO MEET YOU ALL.

THANKS FOR THE OPPORTUNITY THE TO LET US BE HERE TODAY AND I GUESS SHARE WITH YOU OUR SIDE OF THIS ISSUE, IF YOU WILL, SO WE MADE A PRESENTATION AND I GUESS WE'LL START INTEREST THE

BEGINNING. >> DID YOU GET A CHANCE TO SEE THIS YET OR THIS ALL BRAND KNEW TO YOU?

>> I THINK THAT'S PROBABLY WHAT WAS IN OUR PACKET AND THERE WERE MUM PHOTOS AND YOUR APPLICATION WAS IN IT.

>> OKAY. GOOD.

WOULD YOU LIKE TO START? >> SO I GUESS THE BEST WAY TO START WOULD BE TO GIVE YOU A PRETTY GOOD IDEA OF WHO WE ARE AND YOU KNOW, THE SITUATION THAT KIND OF BEGAN ALMOST IMMEDIATELY UPON PURCHASE OF THIS RESIDENCE BACK IN LATE 2015.

LIKE MANY, WE HAVE COME FROM THE NORTHEAST DOWN HERE AND WE FOUND OUR DREAM HOME, AND YOU KNOW, CONTRACTED AND RIGHT OFF THE LISTING HERE WHICH YOU ALL HAVE A COPY OF, AND WE USED A FLORIDA LICENSE INSPECTOR JUST LIKE EVERYBODY WOULD, AND WE REVIEWED ALL OF THIS INPUT FROM THERE AND WE WENT TO CONTRACT, AND ONCE WE DID D HERE'S THE ORIGIN FALL IT'SAL LISTING SHEET AND IT DOESN'T SAY ANYTHING BEYOND THINGS THAT IT WOULD NORMALLY SAY, THERE NO HOA OR MUNICIPAL DISTRICT OR YOU'RE PART OF AN O OUT THE COUNTY SO THAT'S WHERE WE ARE ON ALL OF THIS UNTIL RECENTLY WHEN ALL OF THIS CAME UP, THAT'S WHEN WE HAD TO DO A LITTLE BACKTRACKING AND GET MORE INFORMATION.

I GUESS LIKE MOST PEOPLE, YOU EACH THAT YOU'RE GOING TO HAVE TO MAKE CHANGES. ESPECIALLY ON THE INTERIOR AND WE DIDS, WE HAD A LOT OF WORK WE WERE GOING TO DO ON THE INSIDE AND WE HIRED A CONTRACTOR WE'RE STILL FRIENDLY WITH TODAY THANK GOODNESS AND WHEN WE DECIDED O ON ALL THAT STUFF THE VERY FIRST THING HE DID AND THAT'S IN OUR PRESENCE WAS WE BANGED INTO A WALL UPSTAIRS AND AS SOON AS HE DID THAT THERE WAS MOLD AND ROT AND WE KNEW AT THAT POINT WE HAD A PROBLEM.

AND THE ISSUE WAS HOW SERIOUS A PROBLEM WAS IT.

AND WE ALSO KNEW UPON TALKING WITH HIM THAT THE ONLY WAY WE WERE GOING TO BE ABLE TO FIGURE THIS OUT WAS WE WEREN'T GOING TO BE ABLE TO WORK FROM WITHIN, WE WERE GOING TO HAVE TO WORK FROM THE OUTSIDE. SO THAT SHUT DOWN OUR ENTIRE INTERIOR DESIGN, AND WE HAD TO RECONFIGURE -- HE HAD TO FIND SOMEBODY THAT'S ABLE TO TAKE APART A HOUSE SO THAT WE COULD SEE EXACTLY WHAT WE WERE DEALING WITH SO IF THEY WERE IN THE ISSUES STRUCTURALLY, WHICH THERE WERE, THAT YOU COULD MAKE THE REPAIRS ON THE OUTSIDE SO WE HAD TO TAKE THE HOUSE APART AND IN

SECTIONS PUT IT BACK TOGETHER. >> AND ALSO REPLACE ALL OF THE WINDOWS. IT TURNED OUT THE PROBLEM WITH THE HOURS WAS SUBSTANDARD STUCCO THAT WAS PAPER THIN IN PLACES AND BADLY FLASHED WINDOWS WHICH WE DO COME FROM THE NORTHEAST, BUT WE WERE SURPRISED THAT ANY OF THIS PASSED INSPECTION SO WE WERE FACED WITH A LOT OF UNFORESEEN REPAIRS TO GETS STARTED ON WHAT WE KNEW WE WERE GOING TO HAVE TO DO IN THE FIRST

PLACE. >> TO ADD TO THAT WE WERE GOING TO DO THIS RENOVATION FROM THE NORTHEAST AND THAT'S DIFFICULT ENOUGH, WE COULDN'T LIVE THERE SO IF YOU COULD -- THIS ONE YEAR PROJECT THAT WE HAD BECAME A TWO YEAR PROJECT CAN THE EXPENSE -- I MEAN IT'S HARD TO PUT INTO TERMS THE AMOUNT BUT IT WAS WHAT IT WAS. AT THAT POINT WE OWNED THE HOME AND WE HAD TO DO WHAT WE HAD TO DO SO THIS GIVES YOU A LITTLE BIT OF THE IDEA OF SOME OF THE THINGS THAT WE SAW --

>> AND SAN FRANCISCO. >> WE DIDN'T REALIZE WE HAD TO DO AND WE HAD TO DO. WE DID ALL OF THESE EXTERNAL THINGS ALL WITH THE IDEA THAT WE WANTED OUR HOUSE TO BE AS NICE AS THE AREA. WE WANT THE LIVE UP TO THE STANDARD OF OUR NEIGHBORS, WE WANTED TO BE GOOD NEIGHBORS, SO ALL DONE IN GAME TO REFLECTS THE BEAUTY AND STYLE OF THE NEIGHBORHOOD. NOW, THE INTELLIGENCES, THIS IS A SURVEY FROM 1994 THAT SHOWS OUR ENTIRE BACKYARD WAS FENCED

[00:10:01]

WHEN WE REALIZED WE HAD TO DO THIS EXTERIOR RENOVATION WE TOBACCO DOWN THE INTELLIGENCES SO THAT THE EQUIPMENT COULD GET-GO THE BACK. THEY WERE OLD, THEY WERE DILAPIDATED, IT WASN'T THE END OF THE WORLD.

>> THEY WERE GOING TO COME DOWN ANYWAY AT SOME POINT BUT THEY'RE VERY FAR BACK FROM THE STREET --

>> WE HAVE ANOTHER PICTURE THAT SHOWS YOU AND MOST OF YOU HAVE BEEN TO THE PROPERTY. SO AFTER WE COULD GET THE EQUIPMENT DONE WHAT ID IT NEEDED TO IN THE BACK YARD WE CONTRACTED WITH A FENCE CONTRACTOR WHO SAID ARE YOU PART OF AN HERE'S AND WE SAID NO, WHAT SIZE FENCE DO YOU WANT IN IT'S A SIX-FOOT FENCE ON THE SIDE AND WE'RE GOING TO PUT A SIX-FOOT FENCE. WE REPLACED A SICK FOOT FENCE WITH A SIX-FOOT INTELLIGENCE. WE CHECKED ON THE COUNTY WEBSITE AND I THINK THE NEXT SLIDE THIS IS WHAT IT SAYS.

>> SO IF YOU GO DOWN TO THE BULLET POINT I GUESS IT WOULD BE FOR THERE AND THIS IS STILL ON YOUR WEBSITE THE LAST TIME WE

CHECKED AS OF YESTERDAY. >> THERE'S NO CAVEAT THAT THE CHECK YOUR MORE LOCAL REGULATIONS.

>> YOU KNOW. >> WE'RE PRETTY REASONABLE PEOPLE. WE TRY TO DO THE RIGHT THING BUT THIS IS WHAT WE'RE DEALING WITH.

OKAY, SO THIS IS NOT SOMETHING WE DO FOR FUN ON OUR WALKS BUT SINCE THIS HAS HAMMED TO US WE STARTED TO TAKE NOTICE AND THIS IS BY NO MEANS ALL OF THE QUOTE, UNQUOTE, VIOLATIONS IN OUR

NEIGHBORHOOD. >> WE DIDN'T GET IN A CAR TO GO ANYWHERE, WE JUST WALKED SO WE DIDN'T HAVE TO GO VERY FAR.

>> SOME ARE NEW, SOME ARE OLD, SOME ARE WALLS, SOME ARE INTELLIGENCES AND IN CONJUNCTION WITH THE COUNTY WEBSITE LOOKING AROUND WE WOULD HAVE EC REASON TO BELIEVE WE COULDN'T REPLACE OUR SIX-FOOT FENCE WITH A SIX-FOOT INTELLIGENCE AND WE REPLACED THE OLD WHITE VINYL WITH THIS WROUGHT IRON LOOKING BLACK ALUMINUM FENCE WITH FOUR INCH SEPARATED PICKETEDS WHICH WHEN YOU LOOK AT THE HOUSE IT KIND OF DISAPPEARS AND IN FACT ON ONE SIDE YOU CAN'T SEE IT BECAUSE THERE'S TOO MANY BUSHES AND ON ONE SIDE IT'S AT THE VERY BACK OF OUR DRIVEWAY.

>> SO THE PRIME COMPLAINT, TO THIS VERY MOMENT, YOU KNOW, I THINK IT WOULD KIND OF BE FAIR TO SAY IT GALS ANYONE THAT WOULD HAVE TO GO THROUGH THIS BECAUSE AT THE TIME ALL WE REALLY WANTED TO KNOW WAS WHO DID THIS? WHO WOULD BE A NEIGHBOR AMONG YOU THAT WOULD PICK YOU OUT LIKE, YOU'RE THIS MINNOW IN A SEA AND TRY TO MAKE AN EXAMPLE HOFF YOU AND I TRIED TO FIND OUT BECAUSE LIKE ANYBODY -- YOU HAVE A COMPLAINT AGAINST YOU I WOULD TRY TO TALK TO THE PERSON AND SAY WHAT WAS IT ABOUT THIS PARTICULAR FENCE THAT MADE US STICK OUT FROM EVERYONE ELSE AROUND YOU. WE COULDN'T GET THERE.

>> THIS FENCE HAD BEEN INVISIBLE I GUESS FROM THE WALL, FROM THE STREET BECAUSE THERE'S A HOUSE NEXT DOOR TO US AND THEN THE HOUSE CAME DOWN BECAUSE THEY WERE GOING TO REBUILD ON THE LOT

SO THEN IT BECAME VISIBLE. >> IF YOU THINK ABOUT THAT IT WAS ONLY GOING TO BE VISIBLE FOR A SHORT.

UNTIL THE NEW HOME WENT UP AND YOU BASICALLY WOULDN'T SEE IT.

YOU WOULD HAVE TO TRY VERY HARD JUST LIKE THE ALUMINUM FENCES WE PUT IN ON THE BACK SIDE OF OUR PROPERTY.

YOU WOULD HAVE TO BE LOOKING HARD -- YOU WOULD HAVE TO STAND THERE TO LOOK AT THEM. IF YOU'RE WALKING BY IT'S NOT THE KIND OF THING THAT'S GOING TO DRAW YOUR ATTENTION TO

ANYTHING. >> SO WE JUST -- AS MY HUSBAND WAS SAYING WE WONDER WHO COMPLAINED AND WHY.

WAS THERE SOME BIAS INVOLVED? WAS THERE SOMETHING ABOUT US THAT PROVOKED THEM? JOHN BECAUSE WE DON'T KNOW WHO COMPLAINED. THE SYSTEM JUST SEEMS TO LACK EQUITABLE OUTCOMES. THERE ARE SO MANY PEOPLE THAT HAVE FENCES AND WALLS ABOVE THE PRESCRIBED HEIGHT THAT IT

SEEMS -- >> AND I'M NOT LOOKING TO

SAY -- >> NO.

>> (SPEAKING SIMULTANEOUSLY.) >> WE TOOK PICTURES, WE DIDN'T

[00:15:02]

I'M NOT LOOKING TO TURN A NEIGHBOR IN.

WHEN I LOOK AT THE FENCES AROUND ME THEY'RE BEAUTIFUL AND I WOULDN'T ASK ANYBODY TO TAKE ANYTHING DOWN BECAUSE I THINK IT CONFORMS VERY NICELY JULES YOU TAKE A LOOK AROUND YOU AND YOU SEE -- IT'S LIKE, THAT LOOKS PRETTY GOOD AND YOU JUST TRY TO

CONFORM AND THAT'S WHAT WE DID. >> WE HAVE LEARNED A LOT SINCE THIS AND WE LEARNED THAT EVEN IN 1990 WHEN THE REEVE PREVIOUS OWNERS PUT IN THE FENCES THAT THERE'S A FOUR FOOD IT'S FOOT ORDINANCE BUT WE DID LISTEN THAT ANYTHING SOUTH OF THE SAW GRASS COUNTRY CLUB ENTRANCE HAS DIFFERENT RULES WHICH WE DON'T REALLY UNDERSTAND BECAUSE THAT PART OF THE BOULEVARD SEEMS MORE SIMILAR TO US THAN THE OLD AREA.

THE OLD AREA YOU'VE GOT BACKYARD NEIGHBORS, YOU'VE GOT LAGOONS, ALL WE HAVE GOT IS ONE HOUSE AFTER ANOTHER UP AND DOWN THE STREET. ALL YOU HAVE IS SIDE YARDS CAN INTERESTINGLY WE HAVE NEVER HAD A PROBLEM WITH OUR NEIGHBORS, I KIND OF FEEL LIKE THEY MAKE GOOD NEIGHBORS SO I'M NOT UNDERSTANDING WHY THE AREA SOUTH OF OURS HAS DIFFERENT RULES THAN WE DO UNLESS I'M WHEREON ABOUT THAT BUT I THOUGHT I READ THAT.

SO WE WERE NOTIFIED THAT WE WERE IN VIOLATION IN 2020 AND AFTER WE FILED OUR APPEAL WE WERE FINED AND THERE SEEMED TO BE NOTHING THAT WE COULD DO TO GET THAT FINE WAIVED BECAUSE IT HAD

ALREADY BEEN ISSUED. >>> AND DURING THE APPEALS PROCESS I GOING TO A LETTER FROM THE COUNTY SAYING NOW THEY WERE FINING US, SO YES SO NOW -- AND I COULDN'T REALLY GET THROUGH TO LET SOMEBODY KNOW THAT HEY LISTEN, THIS IS IN PROCESS RIGHT NOW, THERE'S SOMETHING GOING ON HERE, IT'S TOO HARD TO DO SO WE

PAID THE FINE. >> SO THIS IS JUST YOU GUYS ARE ALL FAMILIAR WITH THIS AND IT'S JUST THE HISTORY ON THE SYSTEM ON WHEN THE FIRST COMPLAINT WAS AND WHEN WE WERE FIRST NOTIFIED, SO THIS IS WHAT I WAS SAYING ABOUT THE AREA SOUTH OF THE COUNTRY CLUB AND HOW THEY'VE GOT A DIFFERENT REGULATION THERE.

SO WE WERE TOLD THAT -- IT WASN'T THE COUNTY THAT DECIDED NOT TO STOP TAKING ANONYMOUS COMPLAINTS, I BELIEVE IT WAS THE STATE THAT SAID YOU'RE NOT GOING THAT ANYMORE AND THAT'S JULY 1 OF 2021. UNFORTUNATELY THE COUNTY WEBSITE SAYS YOU CAN STILL COMPLAIN ANONYMOUSLY.

>> JUST DOING A LITTLE DIGGING ON THAT AS YOU MIGHT EXPECT, I THINK IT'S COME TO OUR AMONG THAT SINCE YOU CAN'T DO THIS ANONYMOUSLY ANYMORE THINGS ARE DRIED UP QUITE A BIT WHICH AS A

RESIDENT -- >> IT'S A GOOD THING.

>> IT'S A GOOD THING BUT IT'S AL A TROUBLING THING.

I DON'T KNOW WHY -- I THINK PEOPLE TAKE LIB LIBERTIES WHEN YOU CAN DO SOMETHING ANONYMOUSLY AND SINCE THEY'VE DRIED UP IT

SAYS AN AWFUL LOT. >> SO NOW THE HOUSE TO OUR NORTH IS COMPLETE, YOU CAN'T SEE THE FENCE FROM THE STREET.

I THINK YOU ALL SAW THAT WHEN YOU STOPPED BY.

OUR NORTHERN NEIGHBORS HAVE EXTENDED TILED AND DECK MOST OF THEIR USABLE PROPERTY AND THIS IS OUR VIEW FROM OUR SCREENED IN PORCH. AND THIS WAS ALL PERMISSIBLE BY THE COUNTY. WE FEEL MIKE WE NEED OUR SIX-FOOT FENCE MORE THAN EVER BECAUSE THIS IS SO SO YOU HAVE KEEPING WITH THE AREA. AND THE NEW NEIGHBORS' FENCE BACKSEAT BACKS TO OURS AND IT START AT FOUR FEET FROM THEIR HOUSE CAN BECAUSE THEY BUILT UP THEIR BACKYARD ENDS ABOVE OUR FENCE, AT THE BULK HEAD AND PAST THE BULK HEAD.

>> IT'S UNFINISHED, THEY DID THOUGHTS FINISH THE OTHER SIDE OF IT AND APPARENTLY THAT WAS ALL APPROVED BE COUNTY.

SO A LOT OF CONCLUSION POINTS. WE RELIED ON THE COUNTY WEBSITE TO SEE THAT SIX-FOOT FENCES WERE PERMISSIBLE, WE LOOKED AROUND US AND SAW THAT THERE WERE A LOT OF SIX-FOOT FENCES AND WALLS AROUND

[00:20:02]

>> I THINK YOU ALSO HAVE SOME LETTERS OF SUPPORT FROM OUR NEIGHBORS HERE. ONE DIRECTLY ACROSS THE STREET AND THE ONE JUST SOUTH OF US SO JUST TO GIVE YOU AN IDEA.

>> THE REGULATION ISN'T UNIFORM FOR ALL OF THE ZONING DISTRICT, WHICH EVEN IF I HAD KNOWN WE WERE PART OF A ZONING DISTRICT WOULD HAVE BEEN PRETTY HARD TO TELL WHAT OUR RULES WERE.

AND I'M NOT CLEAR ON WHY THE REGULATIONS SOUTH OF THE COUNTRY CLUB ARE DIFFERENT THAN OUR AREA WHEN'RE ALL JUST ONE HOUSE NEXT TO EACH OTHER IN BOTH AREAS. THE ANONYMOUS COMPLAINT SYSTEM IS NO LONGER ALLOWED BY STATE LAW.

I THINK WE'VE HEARD A RUMOR THAT YOUR COMPLAINTS HAVE DROPPED SINCE THAT HAPPEN. GOOD.

THE RECKLESS ISN'T UNIFORMLY ENFORCED BECAUSE THERE ARE ALL THESE OTHER QUOTE, UNQUOTE, VIOLATIONS IN THE NEIGHBORHOOD AND WE WONDER WHY WE WERE SINGLED OUT.

IS IT BECAUSE OF WHERE WE CAME FROM? I DON'T KNOW. AND HONESTLY IT WOULD BE ANOTHER FINANCIAL HARDSHIP AND A WASTE OF NATURAL RESOURCES TO COMPEL US TO REPLACE THAT INTELLIGENCING NOW.

DO YOU HAVE ANY QUESTIONS FOR US?

>> OKAY, ARE YOUR COMMENTS FINISHED?

>> I THINK SO. >> BECAUSE THE NEXT PROCESS WE USE IS THE BOARD MEMBERS THEN ASK YOU ANY QUESTIONS OF CLARIFICATION FOR ANYTHING THAT YOU'VE PRESENTED, SO WE'LL GO THROUGH A PROCESS OF CLARIFICATION AND AFTER THAT EACH MEMBER MIGHT HAVE SOME STATEMENTS OR OTHER COMMENTS.

>> SHOULD WE STAND OR SIT? >> YOU CAN STAY THERE IF YOU WOULD LIKE BECAUSE THERE IS THERE WILL BE A QUESTION AND ANSWER PERIOD. JOHN YOU LOOK LIKE YOU'RE READY

TO PRESS YOURS SO. >> I'VE GOT QUESTIONS.

>> YOU HAVE QUESTIONS, WELL TWO.

>> CAN YOU GO BACK TO THE PICTURE BETWEEN YOU AND THE

NEIGHBOR TO THE NORTH. >> RIGHT THERE?

THERE'S A COUPLE OF THEM. >> OKAY, QUESTION FOR STAFF.

WHEN WE'RE MEASURING A FENCE WE FINISH THE FENCE ON THE OUTSIDE

TO HAVE FENCE; IS THAT CORRECT? >> LET ME PULL UP THE FENCING

REGULATIONS. >> WHAT I REMEMBER IS THAT -- SO ESSENTIALLY IF WE WERE MEASURING THEIR FENCE IT WOULD BE MEASURED FROM THE PROPERTY NEXT DOOR FROM THE NOT FROM THEIR PROPERTY.

>> IT'S NOT WITHIN THE NON-MELDABLE SPACE -- DO YOU

KNOW MEGAN? >> I AGREE WITH JOHN THAT THE FENCE IS MEASURED FROM YOUR NEIGHBOR'S YARD SO THAT FENCE OF YOUR NEIGHBOR WOULD BE MEASURED FROM THE ELEVATION OF YOUR LAWN TO THE TOP OF THEIR FENCE. THAT WOULD BE THE HEIGHT OF THE

FENCE. >> THE MEASURE ON THEIR PROPERTY

THOUGH -- >>> THEIR PROPERTY YOU MEAN --

>> SO HERE'S A FENCE (SPEAKING SIMULTANEOUSLY.)

>> HERE'S THE FENCE, IT'S MEASURED ON THE OTHER SIDE OF THE FENCES. AGAIN, THINK ABOUT POOL FENCES IN PARTICULAR, THE GOAL IS TO HAVE A FOUR-FOOT FENCE ON THE OUTSIDE SO CHILDREN COMPLAINT CRAWL OVER THE FOUR-FOOT FENCE.

AGAIN, GO BACK TO THE PRIEST PICTURE.

>> I DO WANT TO SHOW YOU SOMETHING ON HERE THOUGH TOO.

>> IN THIS PICTURE THE FENCE IS A FOUR-FOOT WHICH IS A VERY TALL FOUR-FOOT FENCE, BY THE WAY, I DID NOT HAVE A TAPE MEASURE, BUT IT LOOKS LIKE A FIVE-FOOT FENCE, THE FOUR-FOOT FENCE IS TALLER THAN YOUR SIX-FOOT FENCE SO THAT IS AN INTERESTING SITUATION? THEN IF YOU LOOK AT THE PICTURE ON THE RIGHT AGAIN AS YOU GO ALONG YOU CAN STILL SEE THAT BACK 25, 30 FEET THEIR FOUR-FOOT

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>> AND THAT IS BECAUSE THEY BUILT UP -- OUR LAWN NATURALLY SLOPES DOWN TOWARD THE BULK HEAD AND WE HAVE THE MARSH BEHIND US AND THEY -- THEY MADE THEIR WHOLE BACKYARD GO STRAIGHT OUT FROM THEIR BACK DOOR. ARE YOU FOLLOWING ME?

>> YES AND THAT HIGH PRESSURE HELPS YOUR CASE OUT IS YOUR SICK FOOT FENCE IS REALLY ONLY A FOUR-FOOT FENCE.

>> ON THEIR SIDE. >> BECAUSE THAT'S WHERE YOU MEASURE THE FENCE FROM. THERE'S NO REQUIREMENT TO HAVE THE SIDE OF YOUR INTELLIGENCE FACE THE NEIGHBOR.

>> EVERYWHERE ELSE THERE IS. >> AND I ALSO FOUND IT INTERESTING THAT ON THEIR HOUSE ALL THEIR FENCES ARE WIRE FENCES UNTIL YOU GET ME TO THE ENDS AND THEN THEY'VE ERECTED A FENCE THAT BLOCKS YOUR VIEW. AGAIN GO BACK TO THE PREVIOUS

PICTURE. >> THIS ONE?

>> YES. I WOULD FIND FIND IT OBJECTIONABLE THAT THEIR FENCE IS BLOCKING PART OF YOUR VIEW.

AGAIN, QUESTIONS FOR STAFF, IF WE DENY THIS VARIANCE, WHAT'S GOING TO BE REQUIRED FOR THEM TO DO?

>> IT WOULD HAVE TO EITHER REMOVE THE FEMMES, THEY HAVE THE OPTION TO APPEAL YOUR DECISION TO THE BOARD OF COUNTY WHICH I GOESERS AND THE BOARD OF COUNTY COMMISSIONERS WILL MAKE A DETERMINATION ON THE FENCE, OR THEY MAY HAVE TO REMOVE THE FENCE, AND IF THE BOARD DOES DENY THE APPEAL.

>> THE OTHER OPTION IS THEY CAN CULT CUT OFF A SECTION OF THE

FENCE. >> THEY COULD MODIFY --

>> WHICH IS WHAT DR. DUFFY DID ACROSS THE STREET WHEN WE WON'TED TO HIS FENCE. QUESTIONS.

>> JOHN, CAN I FOLLOW UP ON JOHN'S QUESTION ON FENCES BECAUSE WE HAVE HAD THIS BEFORE WHERE PEOPLE BUY A HOUSE AND THE HOUSE HAS SOMETHING THAT IS OUT OF COMPLIANCE, SO WHEN YOU BOUGHT THIS HOUSE THOSE WOODEN FENCES WERE EXISTING AND THIS WERE SICK FEET SIX FEET TALL. YOU DID NOT BUILD THOSE

INTELLIGENCES. >> 1990INGS,.

>> SO THE ONLY FENCE THAT THEY PUT IN IS THE WROUGHT IRON

ARCHITECTURAL FENCE. >> CORRECT.

>> SO I MEAN -- I'M SORRY, JACOB'S NOT HERE BUT YOU KNOW, I THINK FOR US THERE'S SOME CONFUSION AS TO WHY THAT WOODEN FENCE, THEY WOULD BE CITED FOR THAT SINCE THEY DID NOT BUILD IT. THE WOODEN FENCE DOESN'T IT SEEMS TO ME LIKE IT SHOULD BE AT ISSUE.

>> THAT'S THE ONE THAT -- ELICITED THE FIRST COMPLAINT, BECAUSE IT BECAME VISIBLE WHEN OUR NEIGHBOR'S HOUSE WAS TOWN

TORN DOWN. >> I UNDERSTAND BUT SINCE YOU DID NOT BUILD THAT FEMMES, THAT FENCE WAS THERE WHEN YOU BOUGHT THE PROPERTY I THOUGHT THAT IN THE PAST -- I DON'T KNOW IF CHRISTINE CAN WEIGH IN ON THAT -- YOU DID NOT COMMIT A VIOLATION, YOU DID NOT ERECTS THAT FENCE.

>> CHRISTINE, ASSIST ASSISTANT SENIOR COUNTY ATTORNEY, SO SO CODE VIOLATIONS RELATE TO THE PROPERTY.

THE FACT THAT THE PERSON WHO INSTALLED IT NO LONGER OWNS THE PROPERTY DOESN'T MITIGATE THE VIOLATION.

IT'S NOT A PERSONAL VIOLATION IN OTHER WORDS, SO THAT'S NOT A FACTOR THAT PROHIBITS ENFORCEMENT OF THE CODE.

>> AND DO WE KNOW FOR A FACT THAT IS YOUR INTELLIGENCE, THAT IT WASN'T BUILT BY PREVIOUS NEIGHBORS OR --

>> WELL WE HAVE THE SAME BOARD ON BOARD FENCE ON BOTH SIDES, THE NORTH AND THE SOUTH SIDE AND IT WAS ON -- APPEARED TO BE OUR FENCE ON THE SURVEY WHICH IS VERY HARD TO READ IN THE

PRESENTATION, I KNOW. >>> OTHER QUESTIONS? I THINK SAM YOU SAID YOU DID AND CHIP YOU DID, WHOEVER WANTS TO

GO FIRST. >> QUICK QUESTION, DURING YOUR -- SINCE THE RENOVATIONS I WOULD IMAGINE THIS WAS ALL PERMITTED, PROTECT AND DURING THE PERMITTING PERMING PROCESS

[00:30:06]

CONSTRUCTION? >> NO, NOT AT ALLOGYRIC THANK

YOU. >> IT'S INTERESTING TO WE'RE SEEING THE OTHER SIDE, RIGHT -- WHEN WE APPROVE FENCES FOR ONE REASON OR ANOTHER AND SOMEONE NEW TO THE COUNTY IS SEEING THAT THERE ARE INTELLIGENCES THAT ARE ALLOWED THAT ARE SIX FEET -- THE LAST ONE THAT I REMEMBER WAS THE DOGS SO CERTAIN AND SPIN CASES WE ALLOW MORE THAN A FOUR-FOOT FENCE BECAUSE THERE'S SOMETHING THAT IS OUT OF THE NORM. LIKE YOU SAID THE HOUSES ARE EFFECTIVELY SIDE BY SIDE BUT EACH HOUSE IS DIFFERENT, EACH PROPERTY IS DIFFERENT SO THAT'S WHY WE'RE HERE.

AND SO JUST BECAUSE YOU SEE FENCINGS THAT ARE ABOVE FOUR FEET DOESN'T MEAN THAT THEY HAVEN'T BEEN APPROVED IN THE PAST AND CERTAINLY HAS THE COUNTY HAS GROWN AND PEOPLE HAVE COME IN, THINGS THAT WERE PREVIOUSLY ALLOWED OR PREVIOUSLY UNSEEN ARE NOW BEING SEEN, CERTAINLY WHEN I BUILT MY HOUSE THE LAND GUY EXPLAINED THE ME THAT THERE WAS AN INDIVIDUAL WHO WALKED THE BOULEVARD MAKING SURE THAT NOBODY BROUGHT IN TOO MUCH FILL, SO DON'T FEEL LIKE YOU'RE BEING PICKED ON SPECIFICALLY SO MUCH AS THAT I HAVE PICK ON HERB, SO I KNOW THAT THIS IS FRUSTRATING AND WE APPRECIATE YOUR BEING HERE.

MY QUESTION HAS MORE TO DO PROBABLY WITH DRAINAGE ON THE NEIGHBOR THAN ANYTHING ELSE. YOU SAID THEY START AT FOUR FEET, THEY BROUGHT IN FILL.

IT LOOKS LIKE THE PICTURE THAT WE HAVE PREVIOUS TO THIS, IS THAT YARD SLOPING INTO YOUR FENCE?

>> INITIALING I I DID SHOW -- THERE'S SEEM SEEPAGE FROM UNDERNEATH WHERE THEY DID WORK INTO THAT LITTLE GUARDRAILEN AREA THAT YOU SEE UP AGAINST THE FENCE, SO THAT IS STILL AN ONGOING ISSUE, ESPECIALLY WHEN WE GET IN THE RAINY SEASON IS.

>>> BUT WE DID ASK THE COUNTY ABOUT THAT AND A LOT OF WHAT THEY'VE DONE IN THE BACKYARD IS BUILT.

IT'S DECKING, IT'S NOT ALL FILL UNDERNEATH, THEY FILLED UP AROUND THE POOL AND THEN THEY BUILT DECKING.

YOU KNOW, I DON'T KNOW -- IT'S LIKE LOOKING AT AN AIRCRAFT

CARRIER. >> I THINK YOU CAN KIND OF SEE A

LITTLE BIT IF YOU COME -- >> TO THE POOL, THAT'S SOLID.

THEY FILLED UP TO THEIR POOL THERE AND THEN AFTER THE POOL THAT IS ALL ELEVATED DECKING SO OUR UNDERSTANDING IS THAT THE GRADE LEVEL IS PRETTY MUCH THE SAME UNDER THERE, BUT THEN BECAUSE THEY HAVE THIS DECK, THAT THEY ALSO PUT IN MORE PILINGS OUT AND BUILT AN EXTENSION OFF THEIR BULK HEAD SO THAT'S WHAT -- THAT IS LIKE A BIG DECK THERE AND SO IT'S GOT A FOUR-FOOT RAILING AROUND IT AND ENDS UP HIGHER THAN OUR FENCE.

DID THAT MAKE SENSE? >> YES, THANK YOU SO MUCH.

THERESA MY MEMORY IS IT'S HIGHEST GIANT GRADE, DID YOU

FIND OUT? >> YES, I DO AND THAT'S WHAT I WANTED TO COMMENT ON BECAUSE IN THE LAND DEVELOPMENT CODE IT SAYS FENCES WALLS OR HEDGES MAY BE ALLOWED ON THE EDGE OF ANY REQUIRED YARD AND RESIDENTIAL DISTRICT PROVIDED THAT NO FENCE EXCEEDS THE HEIGHTS PROVIDED BELOW AND THEN MEASURED FROM THE NATURAL GRADE OR APPROVED ESTABLISHED GRADE ON EITHER SIDE OF THE FENCE WALL OR HE THINK NOR OBSTRUCTEDS THE VIEW OF THE APPROACHING TRAFFIC CAN THE THE ODE GOES ON TO CAN BE THE SETBACKS. SO THERE'S NOT OF WHERE WE'RE MEASURING AND ON WHICH SIDE WE'RE MEASURING FROM, IT'S WHATEVER THE LOWEST -- WHICHEVER SIDE IS LIKELIHOODLIER GRADE SO

THAT IS HOW IT GETS MEASURED. >>> SO IS YOUR QUESTION SAM, IS THIS A VIOLATION? WAS THAT YOUR QUESTION?

CORRECT. >> I MEAN I THINK IN MY MIND WE'RE SPLITTING THIS IN HALF, WE'RE TALKING ABOUT ONE SIDE OF THE FENCE AND NOT THE OTHER BUT YES THE.

>>> IF I COULD ADD TO THAT THE ZONING AND DEVELOPMENT REGULATION AND ARTICLE EIGHT DOES HAVE MORE SPECIFIC LANGUAGE

[00:35:03]

>> SO HE'S THE THING. IF THEY DON'T HAVE IT THAT HIGH, THEN PEOPLE COULD FALL OFF THEIR DECK.

DO YOU SEE WHAT I'M SAYING? IT'S -- I'M NOT HERE TO TRY TO GET THEM TO TAKE DOWN THEIR FENCE, I'M JUST SAYING --

>> NO, I DON'T THINK THAT'S WHAT WE'RE CONSIDERING, I THINK WE'RE ASKING THE COUNTY IS THIS A VIOLATION BASED UPON WITH A WE'RE HEARING TODAY, ARE THEY IN VIOLATION OF THE CODE? ISN'T THAT WHAT PEOPLE ARE ASKING?

ARE WE SURE ABOUT THAT? >> WHAT I'M LOOKING AT MORE IS WHEN WE LOOK AT WHEN -- IS THERE ANYTHING UNIQUE ABOUT THIS PROPERTY SO TO ME THE UNIQUE THING ABOUT THEIR PROPERTY IS THAT GIANT TO THEIR PROPERTY THERE IS THIS HOUSE THAT HAS A LOWER WALL AND A FOUR-FOOT FENCE THAT BECOMES AN EIGHT-FOOT FENCE, WHICH IS NOT TYPICAL, BECAUSE WE'RE ALWAYS SAYING IS THERE A HARDSHIP. AND --

>> IT'S REQUIRED TO BE A HARDSHIP.

>> SO MY QUESTIONS -- I DON'T KNOW IF SAM IS ON THE SAME PAGE, IT LOOKS TO ME LIKE THAT WOULD BE A HARDSHIP ON THE NORTH NORTH SIDE OF THEIR PROPERTY. THEN WE TURN TO THE SOUTH I'D OF THE PROPERTY. AND THERE'S A WOODEN FENCE ON THE SOUTH SIDE AND THE HOUSE TO THE SOUTH OF THEM, IS THAT THE SAME ELEVATION? THERE'S NOTHING LIKE THAT'S ON

THE NORTH SIDE. >> OUR NEIGHBORS SOUTH SOUTH ARE IN THE PROCESS OF BUTTING IN A BULK HEAD, THEY'VE NEVER HAD A BULK HELD AND SO I DON'T KNOW WHAT THEIR BACKYARD IS GOING TO

LOOK LIKE. >> WE DID APPROVE THOSE BULK HEADS AT THE BEGINNING OF THE YEAR I BELIEVE.

>> SO I DON'T KNOW WHAT THAT -- I DO THINK THAT THEY PLAN TO PUT IN SUMMER KITCHENS AND POOLS AND WHATEVER, SO I DON'T KNOW.

>>> ANY OTHER QUESTIONS? >> YEAH.

>> GOODRICH. >> I WAS CURIOUS WHEN WE PUT PENCES IN DO THEY HAVE TO BE PERMITTED BY THE COUNTY? NO? SO THERE'S NO CHECK THAT WE CAN GO THROUGH THIS THERE. THE OTHER QUESTION I HAD IS WENT WE HAVE ISSUES LIKE THIS COME UP SHOULD WE HAVE MORE INFORMATION REGARDING THE GIANT PROPERTIES BEFORE WE START LOOKING INTO THESE? BECAUSE IT SEEM NOW LIKE WE'RE JUST SEEING THAT POSSIBLY THE NEIGHBOR -- WE SHOULD HAVE LOOKED INTO MORE THE ISSUES BEFORE THIS WAS BROUGHT TO THE BOARD. THE OTHER NEIGHBOR, ARE THEY THIS VIOLATION? AND HOW DO WE KNOW IF THEY'VE HAD CLEARANCE OR NOT WITH, WILL THE STAFF BE TELLING US THEY'VE WILL EVER BEEN APPROVED

>>> IT SEEMS LIKE THE NEIGHBOR TO THE NORTH DOES HAVE A FOUR-FOOT FENCE FROM THEIR GRADED ELEVATION SO THEIR NOT IN VIOLATION, SO NO ONE IS SUGGESTING A VIOLATION OF THEIR NEIGHBOR'S FENCE. THE QUESTION IS IF YOU MEASURE THE OUTSIDE OF THEIR INTELLIGENCE NOW IS IT ACTUALLY FOUR FEET TALL ON THE OUTSIDE EVEN THOUGH IT'S SIX FIGHT FEET ON THE INSIDE AND JOHN YOU DID VISIT THE PROPERTY AND SEE THAT SO YOUR ABLE TO VERIFY THAT THE CASE.

>> THAT IS THE CASE, CLEARLY THE FENCE ON 700 IS TALLER THAN

THEIR SIX-FOOT FENCE. >> I THINK YOU MEAN 696.

>> WHATEVER PROPERTY IS TO THE NORTH.

>> 696, YEP. >>> GOOD GO AHEAD MEGAN.

I DO THINK I WANT TO HELP YOU A LITTLE BUILT BUILT ON THIS WHOLE PROCESS, LIKE YOU I MOVED DOWN HERE FROM THE NORTH, I'M FROM NEW YORK BASICALLY AND THE SYSTEMS THAT WE HAD IN ZONING IN THE NORTHERN AT A TIMES ARE DIFFERENT THAN THE SOUTHERN STATES. SO FOR EXAMPLE, WHEN YOU ARE -- I HAVE A PROPERTY AND I'VE HAD A ANONYMOUS PRIDE REQUEST FILED

[00:40:06]

I PERSONALLY LIKE THAT, I THINK IT'S A MORE ELEGANT SYSTEM AND IT GET PEOPLE WHO THEY MLS THERE'S SOMETHING WRONG, THEY CAN BE REEDUCATED THAT IT'S FINE AND IT DOESN'T CAUSE THE EMOTIONAL STRESS THAT THE SYSTEM THAT WE HAVE HERE TENDERS TO DO, BECAUSE I'VE BEEN IN THE SAME SHOES THAT YOU'RE IN YOU WONDER WHO DID THIS, WHY DIDN'T THEY SAY SOMETHING TO ME AND I HAD TO LIKE, I'M GOING TO FORGET ABOUT IT AND MOVE ON.

SO I HOPE THAT IN SOME WAY AMELIORATES THE DIFFICULTY, AND I WOULD LIKE TO HAVE THIS SYSTEM CHANGED.

IT HASN'T CHANGED YET BUT THAT'S KIND OF THE WAY IT ISN'T SO I JUST WANTED TO SAY I AM SYMPATHETIC WITH YOU AND THE EMOTIONAL DISTRESS AND I JUST AL WANT TO ADD THAT IN THE PAST WITH SOME OF THE PLANNERS THAT HOMEOWNERS WORKED WITH THEY WOULD PUT ON THE PLANS A NOTE THAT ALL FENCES SHOULD BE FOUR FEET. BECAUSE THERE AREN'T PERMITS, THAT COUNTY ALSO DOESN'T PERMIT FENCES WHICH THEY DO THISTH IN THE NORTH AND HAVING THAT NOTE ON THE PLANS WAS A WAY TO EDUCATE HOMEOWNERS AND CONTRACTORS THAT BECAUSE IT'S A COMMON ISSUE THAT PEOPLE BECAUSE A PERMIT ISN'T REQUIRED DON'T -- AREN'T TOLD WHEN THEY'RE PUTTING THE PLANS TOGETHER THAT THE FENCE YOU KNOW -- IT DOESN'T COME UP AT ALLOGYRIC AND WE DON'T HAVE COPIES OF THE PLAN SO I CAN'T SPEAK TO WHETHER THAT NOTE WAS ON THAT, OF COURSE WE DIDN'T PUT UP THE

INTELLIGENCES. >> I'M GOING TO TRY TO SUMMARIZE WHERE WE ARE AND I APPRECIATE BOTH SAM AND MEGAN LETTING YOU KNOW HOW OUR PROCESS WORKS AND WHY WE HAVE THE PRIDE SYSTEM, BECAUSE THAT IS THE SYSTEM BY WHICH THE COUNTY IS NOTIFIED THAT A CODE ENFORCEMENT OFFICER DOES HAVE TO COME UP, TAKE A LOOK AND DETERMINE WHETHER THERE'S A CODE VIOLATION, SO YOU ARE NOT ALONE, AND I WILL TELL YOU THAT YOU MAY SEE MY NAME ON A LOT OF THE PRIDE REPORTS BECAUSE THERE ARE A LOT OF PEOPLE THAT DON'T WANT THE PUT THEIR NAME ON THE PRIDE REPORTS BECAUSE IT'S THEIR NEIGHBOR, SO THEY'LL CALL ME AND ASK ME TO FILE A PRIDE REPORT AND I'M WILLING TO DO IT AS THE CHAIR SO MY NAME IS PROBABLY COMING UP THE MORE THAN ANYONE ELSE'S.

WE HAVE A LOT OF FENCE ISSUE THIS IS THIS COMMUNITY, THERE ARE A LOT THAT ARE STILL IN VIOLATION, THERE ARE SOME THAT WE'VE GIVEN VARIANCES TO BECAUSE YOU HAVE A HARDSHIP.

IF YOU HAVE A HARDSHIP, IT'S A DEFINITION IN THE REGULATION, WE GIVE PEOPLE VARIANCES. WE DID ONE BECAUSE OF A SAFETY ISSUE THAT SOMEBODY HAD WITH THEIR INTELLIGENCE.

SOME PEOPLE ARE GRANDFATHERED IN BECAUSE THEIR FENCE WAS CONSTRUCTED BEFORE THE REGULATIONS WERE PUT IN PLACE SO YOU WILL SEE VARIOUS ONES SO I JUST WANTED TO LET YOU KNOW AS THESE TWO TRIEDED TO DO THAT YOU'RE NOT ALONE AND NO ONE IS PICKING ON YOU. AND THE OTHER THING I WANT TOED SAY IS THAT IT'S NOT OUR JOB TO CHANGE THE REGULATIONS.

I KNOW IT'S DIFFERENT SOUTH OF SAW GRASS COUNTRY CLUB BUT THE REGULATIONS ARE WHAT THEY ARE. EC OUR JOB TO ENFORCE THE REGULATIONS. NOW I THINK A COUPLE OF PEOPLE ON YOUR NORTHERN FENCE HAVE FIXED UP THAT YOU EVER A HARDSHIP OR THAT MAYBE YOU'RE NOT IN VIOLATION BECAUSE YOU DO

[00:45:02]

I THINK IT'S YOUR BACK FENCE AND YOUR SOUTHERN SIDE AND YOUR TWO FRONT FENCES THAT ARE STILL SICK FEET AND ACTUALLY IN VIOLATION.

>> OUR BACK FENCE IS NOT SIX FIGHT.

>> SO THERE ARE OTHER INTELLIGENCES ON YOUR PROPERTY NOT JUST THE NORTHERN ONE, SO I CANS I GUESS I WOULD ASK AND I THINK SAM WAS ASKING FOR THIS TOO, EVEN THOUGH THEY HAD THE WORK DONE WHEN DELAY DO PERMITTING CHIP THEY DON'T EVEN TALK ABOUT THE FENCES AND WE'VE TRIED TO GET THAT ON CLEARANCE SHEET AND WE'VE TRIED TO GET BRICK MAILBOXES ON THE CLEARANCE SHEET AND WE HAVE BEEN UNSUCCESSFUL SO IT COME TO US TO UNFORTUNATELY HAVE TO FACE PEOPLE THAT HAVE VERY LEGYM CONCERNS BUT I THINK WHAT WE'RE TRYING TO GET TO KNOW FROM YOU OTHER HARDSHIPS THAT YOU WOULD HAVE AND IT LOOKED LIKE THE TWO

FRONT FENCES >>> THE TO FRONT FENCES WHICH ARE SET BACK VERY FAR FROM THE STREET.

>> WE UNDERSTAND THAT BUT THEY'RE NOT -- WHAT YOU'RE ALLOWED TO HAVE HAVE UP TO 35-FOOT INTELLIGENCES IF THEY'RE ON YOUR BUILDABLE LOT BUT I DON'T KNOW THOSE ARE ON YOUR BUILDABLE LOT, SO I THINK THAT'S WHAT WE'RE LOOKING FOR AND AS MEGAN SAID TRYING TO HELP YOU OUT.

BUT WE DO CYATHEA PROBABLY DO HAVE A HARD SHIP ON THAT

NORTHERN SIDE. >>> I WAS WONDERING AND I KNOW IT'S NOT YOUR DID YOU WANTER TO CHANGE THE REGULATIONS BUT WHOSE IS? IS IT.

>> YOU CAN GO THROUGH A PROCESS OF PROPOSE CHANGES TO THE REGULATION, THE COUNTY DOES HAVE A PROCESS OF DOING THAT.

WE HAD SOMEONE WHO CAME TO US WHO HAD FOUR CHANGES AND SO OUR PROCESS IS THEN WE HAVE A COMMUNITY MEETING WHERE RESIDENTS WEIGH IN AND I'LL TELL YOU WE'VE HAD 22 FENCE

MEETINGS. >> THAT'S WHAT I WAS LED TO BELIEVE BECAUSE YOU ALL WERE CONSIDERING A CHANGE AND I WAS WONDERING WHAT HAPPENED WITH THAT.

>> I THINK PERSONALLY THAT WAS A MISTAKE, I WAS VERY SPECIFIC WITH OUR FOLKS THAT I SAID UNTIL WE CHANGE SOMETHING WE ARE HERE TO COMPLY WITH THE REGULATIONS OR IF SOMEONE HAS A HARDSHIP SUBMIT A VARIANCE AND WE'LL GRANT A VARIANCE BUT THERE WERE PROPOSALS MADE THAT DOWNTIME THAT MEAN THAT PEOPLE CAN DO WHATEVER THEY WANT UNTIL A PROPOSAL IS MADE BUT WE DID HAVE A PERIOD WHERE WE HAD A COUPLE OF PUBLIC MEETINGS ON FENCES AND ONE WAS AT OUR LADY OF STAR OF THE SEA THE OTHER WAS AT THE LIBRARY AND I WILL TELL YOU THERE WAS VERY LITTLE -- THERE ARE VERY FEW NUMBER OF PEOPLE THAT ADVOCATED FOR SIX-FOOT FENCES, IT'S PROBABLY NINE IT EIGHT PERCENT OF THE PEOPLE ARE MORE GROW YOUR SHRUBBERY TO THE SIX-FOOT HEIGHT, BUT THAT'S THE PROCESS WE USE. YOU CAN SUBMIT TO CHANGE THE REGULATIONS AND THEN IT GOES TO THE BOARD IT'S COUNTY BOARD BOARD OF COMMISSIONERS AND GENERALLY IT COMES THROUGH US FIRST TO MAKE A RESIDENCE, WE RECOMMEND TO THE BOARD OF COUNTY COMMISSIONAIRES AS THE LOCAL ZONING AND ADJUSTMENT BOARD BUT THERE IS A PROCESS TO DO THAT. ANY OTHER COMMENTS IS THIS.

>> JANE, AND I GO BACK TO MY NEIGHBOR HERE? IS IT MY CORRECT UNDERSTANDING THAT BECAUSE THEY BROUGHT IN FILL THEY WERE ABLE TO ELEVATE THE FENCE AT A HIRER STARTING POSITION THAN WHAT IS EXPERIENCED AT THEIR HOME?

>> THAT MIGHT BE A QUESTION YOU WANTED TO ASK THERESA OR SOMEONE AFTER WE FINISH THIS ITEM MAYBE.

BUT IF YOU'RE ASKING IN POTENTIAL OF THIS WE MEASURE FENCES FROM THE OUTSIDE OF A FENCE AND IF YOUR NEIGHBOR'S YARD IS HIGHER YOU MEASURE IT FROM THAT POINT, THE LOWEST POINT THAT. CORRECT CHRISTINE?

>> YES, THE EXTERIOR. >> YEAH I SEE IT ON THE BOULEVARD WHERE THEY'RE ELEVATING THE STARTLING POSITION FOR THE SLAB. WE TALKED ABOUT THE 35 FEET RESTRICTION BUT WHERE DOES THAT START? AT SEA LEVEL? FIVE FILE.

>>> COUNTY ENGINEERS DO CHECK THAT WHEN THEY SUBMIT THE PLANS AND THEY HAVE THE ELEVATION AND FEMA GETS INVOLVED

[00:50:01]

>>> SO THEIR NEIGHBOR WOULD HAVE HAD SOME KIND OF EXAMINATION OF

THAT FILL? >> AND I THINK THERE'S A -- ENGINEERING ALSO LOOKS AT WATER RUNOFF.

>> THAT'S CORRECT, THEY WILL LOOK AT DRAINAGE, IF THERE'S ANY RAGE ISSUES THAT MAYBE ON A PIECE OF PROPERTY WHEN THEY REVIEW A CLEARANCE SHEET AND I WAS LOOKING AT THIS PARTICULAR PROPERTY AND I HAVEN'T FOUND ANY IF CLEARANCE SHEETS OTHER THAN INTERIOR WORK AND SOME EXTERIOR BUT THERE ISN'T SIDE ARE SITE PLANS REQUIRED WITH THOSE SO THERE WOULDN'T HAVE BEEN ANYTHING FOR US TO MARK THAT THERE'S A FOUR-FOOT FENCE.

>>> SO EVERYTHING THEY DID IN THE BACK AS FAR AS EXTENDING INTO THE WET LANDS THAT'S ALL LEGIT?

>> A I'M SORRY, I'M NOT FOLLOWING.

>>> BECAUSE THEY BUILT OUT AND EXTENDED THEIR DECK, WE HAD THAT ON ANOTHER HOUSE WHERE THEY WANTED TO EXTEND OUT INTO THE MARSHES AND IT WAS ONE UP BY -- I'M ASSUMING BECAUSE THEY BUILT THEIR PROPERTY AND HAD THE PLANS APPROVED THAT THEY WERE IN COMPLIANCE, SO WE'RE TALKING ABOUT YOUR NEIGHBORS RIGHT NOW BUT I THINK THAT WOULD BE A DIFFERENT QUESTION AND I'M ASSUMING THEY WERE WITHIN THE CODE OR THEY WOULD HAVE COME TO

US FOR A VARIANCE. >>> I DON'T THINK IT WAS THAT SMOOTH. I THINK THAT THERE WERE ISSUES WITH THE PERMITTING PROCESS FOR -- ESPECIALLY AS IT RELATED TO THE BUILD-OUT OF THEIR DECK, WHICH THEY WOULD THEY HAD LABELED AS A DOCK, AND OTHER THINGS AROUND THAT.

SO I DON'T THINK -- >> IT'S OUR UNDERSTANDING THEY FAME GOT ALL THE IS DOTTED AND TS CROSSED BUT THEY HAD GOING TO BE GONE WITH A DOCK PERMIT TO DO NOT 1/2 NAVIGABLE WATER SO THEY FOUND ANOTHER THING THEY COULD DO.

>>> I HAVE A QUESTION FOR THE STAFF.

THERESA? WHEN DID THE FENCE REGULATIONS GO GOO EFFECT? FOUR-FOOT FENCE REGULATION?

>> I DO NOT KNOW THE ANSWER TO THAT.

THEY'VE BEEN IN THERE AS LONG AS I'VE BEEN AROUND

>>> SO UNLESS YOU WOULD LIKE THE AMEND YOUR APPLICATION I BELIEVE THAT WE ARE REQUIRED TO TAKE A VOTE ON WHAT WAS SUBMITTED WHICH IS THE ENTIRE FENCE. SO I'M GOING TO LOOK TO THIS

BOARD. >> END LIKE THE MAKE A MOTION.

>> BEFORE WE MAKE A MOTION I WOULD LIKE TO STATE FOR THE RECORD REGARDING PUBLIC THAT THERE WAS NO ONE IN AUDIENCE.

>> ANY PUBLIC COMMENT ON THIS ITEM?

SEEING NONE. >> SEEING NONE, MADAM CHAIR CAN

I MAKE A MOTION? >> YES.

>> I MOVE TO APPROVE 22 SEARCH 16 BASED ON THE FOUR FINDS OF FACT SUBJECT ORTHOFIVE CONDITIONS AS LIST INSIDE THE STAFF REPORT AND ALSO BASED ON INFORMATION PREFERENTIALED TODAY INCLUDING THE ABLE OF THE INTELLIGENCE AND THE NEIGHBOR TO

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

>> SECOND. >>> OKAY, ALL IN FAVOR OR MAKE YOUR VOTE. THAT IS A TIE SO EFFECTIVELY IT'S A DENIAL CORRECT? AND SO WHAT DO WE DO IN REGARDS TO A TIE -- LIKE THIS EFFECTIVELY A DENIAL?

WHAT ARE THEIR -- >> SURE, IF THE BOARD WANTS TO CONSIDER ANOTHER MOTION, I KNOW THERE WAS A LOT OF DISCUSSION ON THE NORTH SIDE THERE COULD BE A MOTION THAT APPROVES LESS THAN WHAT'S REQUESTED OR THE BOARD CAN THE JUST STAND ON THE

TECHNICAL DENIAL >>> I WOULD LIKE TO ASK FOR A LITTLE DISCUSSION MONOTHE BOARD, I PERSONALLY FEEL THE NORTH SIDE

FENCE IS ALLOWABLE. >> WOULD YOU LIKE TO MAKE A

MOTION ON THAT MEGAN? >> BUT THEN WE HAVE THE OTHER THREE SIDES SO I WOULD LIKE TO HAVE A COMPLETE PACKAGE AND I

[00:55:05]

BUT I WOULDN'T -- AND I WOULD BE WILLING TO DO THAT IF WE STRUCK THE FACT THAT THE VARIANCE WILL BE TRANSFER TIMBERLINE AND APPLY SHOULD THE PROPERTY BE CONVEYEDED, BECAUSE IF AT SOME POINT IN TIME IN THE FUTURE THE SITUATION HAS CHANGED THERE, I THINK AS LONG AS THEY'RE LIVING HERE IT WOULD BE FINE, BUT A SUBSEQUENT OWNER WOULD LOOK AT WHAT THE STATUS WAS AT THAT FUTURE TIME, MAYBE THE NEIGHBOR TO THE SOUTH HAS BUILT SOMETHING HIGHER, WHO KNOWS. I CAN'T TELL BUT I WOULD LIKE TO KNOW WHETHER OR NOT MY FELLOW BOARD MEMBERS --

>> I WOULD GO WITH THAT CONCEPT.

SO IT WOULD FOLLOW THE HOMEOWNER NOT THE PROPERTY.

>> YEAH. >> HOW IS THAT REPORTED? JUST DON'T WANT THEM TO SELL SOMEBODY ELSE COMING DOWN AND

HAVING THE ISSUE. >> SURE, THE WAY I WOULD UNDERSTAND IT AND IT'S CHRISTINE IDEAL VALUE YOUR, YOU'RE TYING THIS TO THE OWNER AS OPPOSED TO WHEN AT SOME POINT IN THE FUTURE THE FENCE WAS REPLACED BY A SUBSEQUENT OWN OWNER.

>> JUST TYING IT TO THIS OWNER AND THEIR OWNERSHIP OF THE

PROPERTY. >> AND YOU CAN DO THAT, THE LANGUAGE IN THE VARIANCE ORDER WOULD BE ADJUSTED TO ACCOMMODATE THAT VOTE. I WILL POINT OUT YOU CAN HAVE ANOTHER SUBSEQUENT PROPERTY OWNER COMING IN TO SAY I PURCHASED THE HOURS WITH SIX-FOOT FENCES.

>> SO I HEARD -- I HAVE A QUESTION MEGAN, JUST YOU KNOW, IT'S NOT THE OWNERS WHERE THEY HAVE LOP SIDED EYES, THAT PROPERTY YOU'RE GOING TO HAVE A INTELLIGENCE HERE AND A INTELLIGENCE HERE AND IT'S -- I GUESS I DON'T REALLY UNDERSTAND THAT AND THEN IN THE FRONT WE HAVE SIX-FOOT FENCES IN THE FRONT OF THEIR PROPERTY AS WELL WHICH NEED TO BE FOUR-FOOT FENCES SO ARE YOU SUGGESTING TO ALLOW SIX-FOOT FENCES AROUND THE PROPERTY AS LONG AS THEY OWN THE HOUSE BUT TAKE THEM DOWN AS SOON AS THEY SELL IT? OR . . .

>>> I'M PROPOSING THAT THEY WOULD HAVE SIX-FOOT FENCES AS

LONG AS THEY OWN THAT PROPERTY. >> SO THAT NOT WHAT SHE SUGGESTED WITH THE LEAVING -- BA HARDSHIP IS THAT THEY WERE -- THEY PURCHASED THE HOUSE WITH THE EXISTING INTELLIGENCE AND SO THE EXISTING FEMMES IS THE HARDSHIP SO WE WOULD BE GRAND GRANTING A VARIANCE ON THAT BUT IF THE FENCE WERE TO BE REPLACED THAT IT WOULD HAVE TO EITHER BE BROUGHT INTO COMPLIANCE OR GIVEN AT SOME POINT IN THE FUTURE WHEN THEY BUILD THE BULK HEADS NEXT DOOR THEN THEY WOULD GO BACK AND

TAKE A LOOK AT THAT POINT? >> ARE YOU ASKING THE QUESTION IS THAT THE HARDSHIP THAT THEY BOUGHT THE HOUSE CAN WASHINGTON

-- WITH THE SICK FOOT FENCES. >> TO ME THE HARDSHIP IS THAT THEIR NEIGHBOR HAS BUILT A HOUSE HAS A HIGH HIGH HIGH HIGH HIGH YOU WOULD LIKE TO HAVE YOUR BACKYARD NORTH AND SOUTH FENCES

BE THE SAME HEIGHT, AND -- >> IF YOU COULD MANGE THAT MOTION I THINK THAT WOULD GO A LONG WAY.

>> SHE SAYS SHE DOESN'T WANT TO GO WITH THE HOUSE SHE WANTS TO GO WITH THE PROPERTY OWNERS BUT FOR THE ARCHITECT WHICH YOU WILL EL DIAGRAMS GLANCE THAT'S WITH THE HOUSE NOT THE PROPERTY OWNEST AND I THINK THAT'S UNIQUE TO THEIR PROPERTY THAT THEIR NEIGHBORS BUILT THEIR HOUSE YET THAT THAT WOULD NOT LOOK RIGHT RIGHT TO SHORTEN THEIR INTELLIGENCE AND THE FRONT OF THE HOUSE AND THE SOUTH SIDE I'M SEARCHING FOR A HARDSHIP TO ALLOW US TO GRANT A VARIATION AND I'M STILL SEARCHING FOR ONE

[01:00:04]

>>> THINK WHAT YOU'RE SAYING IN THE BACKYARD YOU HAVE A FENCE THAT LOOKS LIKE A SIX-FOOT EFFECT TENSION AND ON THE OTHER SIDE YOU WANT TO HAVE IT LOOK THE SAME CAN MY ARGUMENT IS IT'S PROBABLY THE MOST EXPENSIVE INTELLIGENCE FOR THEM TO MODIFY, AND YOU ALMOST LOOK THROUGH IT, AND AFTER THIS I WOULD LIKE THE TO GET INTO A DISCUSSION ABOUT HOW HIGH A SIX-FOOT INTELLIGENCE IS SO EVEN THOUGH PEOPLE SAY THEY WANT FOUR-FOOT FENCES EVERYONE BUILDS A SIX-FOOT FENCE, SO I'LL GO WITH YOUR

RECOMMENDATION. >>> SO I WOULD LIKE THE MAKE A MOTION TO APPROVE -- PVZAR 2022-16 FEELLY FENCE VARIANCE BASED ON FOUR FINDINGS OF FACT, AND SUBJECT TO FIVE CONDITIONS LISTED IN THE STAFF REPORT, PROVIDES THAT THE VARIANCE WILL NOT BE TRANSFERABLE SHOULD THE PROPERTY BE CONVEYED.

>> SECOND. >> OKAY, LET'S VOTE.

MOTION PASSES. SO WHEN YOU SELL YOUR HOUSE BETTER TELL THOSE HOMEOWNERS THEY HAVE TO TAKE DOWN THAT

FENCE. >> WE CAN'T THANK YOU ENOUGH FOR THINKING ABOUT A WAY TO MAKE THIS WORK.

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

DOWN. >>> THANK YOU

>>> OKAY, THE NEXT ITEM, THE ELECTION OF THE CHAIR AND VICE CHAIR. WHICH IS THE NEXT ITEM ON OUR AGENDA. AND THE WAY THIS WORKS IS FIRST WE TAKE PUBLIC COMMENT FOR CHAIR AND VICE CHAIR FOR ANY PERSON WHO WANTS TO SPEAK ON BEHALF OF NIMMER OR MEMBERS AND THEN WE'LL HAVE A NOMINATION AND THEN WE'LL VOTEFUL WE'LL FIRST DO IT FOR THEIR CHAIR AND VICE CHAIR, AND JUST AN OPENING COMMENT, THE WAY THE COUNTY COMMISSIONERS DO THIS IS THEY ROTATE THE CHAIR POSITION EVERY YEAR AMONG THE MEMBERS AND WE HAVE -- HERE FOLLOWING WHAT THEY DO. AND I AM AMENABLE TO THAT ACTUALLY [INDISCERNIBLE]. AND I THINK MY FIRST MEETING MAY

HAVE BEEN MAY OVULATION YEAR. >> IT'S APRIL OF 2021.

>> AS CHAIR? >> YEAH AS CHAIR.

>> IT WAS MAY. >> REGARDLESS THANK YOU SO MUCH. I AM ACTUALLY GOING TO NOMINATE MEGAN MCKINLEY AS CHAIR STARTING FROM THAT ONE YEAR DATE WHICH WOULD BE OUR APRIL MEETINGFUL APRIL 2023 FOR HER TO COME IN AS THE CHAIR. SO I HAVE SPOKEN ON BEHALF OF MEGAN SO THAT'S MY PUBLIC COMMENT AND AFTER PUBLIC COMMENT

I WILL NOMINATE HER AS WELL. >> I WOULD LIKE JANE TO STAY AS

A VICE CHAIR FOR THE NEXT YEAR. >>> SO LET'S HANDLE THE MOST FIRST FOR MEGAN. I NOMINATE MEGAN AS CHAIR.

DO I HEAR A SECOND? >> OKAY HOW DO WE HANDLE THE ISSUE THAT MEGAN TERM OUT IN SEPTEMBER BUT SHE STILL HAS ANOTHER TWO AND A HALF YEARS OF AVAILABILITY?

>> I THINK WE SHOULD RECOMMEND HER NAME TO REUP WELL BEFORE THAT SEPTEMBER DAYLIGHTED AND I THINK SINCE I WOULD STILL BE ON THE BOARD I THINK I WOULD MOVE INTO THE CHAIR POSITION INTERIM AND WE WOULD HAVE A NEW VICE CHAIR UNTIL WE ELECTED A NEW

[01:05:03]

CHAIR AND VICE CHAIR? >> THAT'S CORRECT.

>> JUST WANTED TO MAKE SURE WE COULD HANDLE IT.

>>> I MOVE MEGAN MCKINLEY AS UPCOMING CHAIR STARTING WITH THE

APRIL 2023 MEETING. >> SECONDS.

>> ALL IN FAVOR? ANY OPPOSED?

>> AND YEAH -- I KIND OF DID WHEN I SAID ANY OTHER COMMENTS? ANY OTHER NOMINEES? CHIPPED WOULD YOU LIKE TO NOMINATE YOURSELF? OKAY, AM I GOOD? ALL RIGHT NOW NOMINATIONS FOR VICE CHAIR AND COMMENTS FOR VICE

[Staff Report]

CHAIR. >> I NOMINATE JANE ROLLEN SON AS

VICE CHAIR. >> .

>> SECOND. >> ANY OTHER NOMINATIONS? EASTBOUND. ALL IN FAVOR.

I RECUSE MYSELF. OKAY, STARTING APRIL OF 2023 OUR NEW SLATE OF OFFICERS IS MEGAN MCKINLEY AS CHAIR AND MEGAN ROLLENSOP AS VICE CHAIR. WE HAVE A STAFF REPORT AND THEN A BOARD REPORT. I DON'T KNOW IF DURING THE STAFF REPORT WE'RE GOING TO DO THE TRAINING -- NO, I'M, ONE MORE THING. WE HAVE NOMINEES, WE HAVE MORE THINGS TO NOMINATE. SO WE HAVE JOHN LYNCH WHO HE IS NO LONGER ON THE BOARD AND HE ASKED FOR APPLICANTS AND WE RECEIVED THREE, PAM SHORE, CYNTHIA WEAR AND ANTHONY PEDUDO AND I WILL TELL YOU THAT I CALLED THE -- I HAVE PAM SHORE AND CYNTHIA WEAR'S APPLICATIONS EARLIER AND SO I CALLED BOTH OF THEM TO INTERVIEW THEM AND I ALSO CALLED THEIR REGISTERERS AND TALKED TO THEIR REFERENCES, CYNTHIA WAS OUT OF THE COUNTRY SO SHE AND I EXCHANGED E-MAIL BUT I WAS ABLE THE TALK WITH HER REFORMS SO I WOULD TELL YOU THAT BOTH OF THEM LOVE WHERE THEY LIVER, WANT TO REPRESENT THE COMMUNITY, THINK THEY'RE PIPE INDIVIDUALS. I WAS ONLY ABLE TO REVIEW ANTHONY AND I HAVEN'T ABLE TO INTERVIEW HIM, I JUST RECEIVED HI APPLICATION TODAY. WE WILL ALSO HAVE DON PATTON WHO WILL BE LEADING LEAVING THE BOARD IN SEPTEMBER SO WE'RE GOING TO HAVE TWO SEATS OPEN AND SO I THINK TWO OF THESE IF WE NAME ONE TODAY AND OR IF WE RECOMMEND TO THE BOARD OF COUNTY COMMISSIONERS THAT THEY APPROVE ONE OF THESE INDIVIDUALS TODAY WE COULD SAVE THE OTHER TWO FOR FUTURE MEETINGS.

I ALSO UNDERSTAND THAT PZA IS ALSO LOOKING FOR NEW BOARD MEMBERS AND I KNOW THAT THIS -- WHILE I HAVEN'T TALKED TO ANTHONY HE HAS A BACKGROUND IN CELL TOWERS AND PROPERTY MANAGEMENT AND ID SAY HE MAY BE A GOOD MEMBER FOR PZA WITH HIS LEVEL OF EXPERIENCE. I WOULD RECOMMEND GIVEN THAT SHE IS A CURRENT BUSINES OWNER AND NOT RETIRED BUT A CURRENT BUSINESS OWNER, CYNTHIA WEAR I MIGHT CONSIDER HER AS OUR RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS BUT I WOULD LIKE TO HEAR OTHER COMMENTS FROM PEOPLE.

>> THE ONLY QUESTIONIVE IS GIVEN OUR LOCATION, THE TIME OF OUR MEETINGS, IS SHE AWARE THAT WE MEET AT THREE ON MONDAYS AND SHE

HAS TO DRIVE TO ST. AUGUSTINE? >> I DID LEAVE MESSAGES LETTING EACH OF THEM KNOW THOSE ISSUES IN TERMS OF WHEN WE MET, HOW OFTEN WE MET AND THAT THEY WOULD BE REQUIRED TO BE HERE AND THEY DIDN'T SEEM TO HAVE A PROBLEM WITH THAT.

>> THE OTHER QUESTION I HAVE IS IN THE PAST, WITH THE OLDER FORMAT ABOUT THE CANDIDATES, THERE SEEMED TO BE MORE INFORMATION, SO WHEN I READ THIS I FEEL -- I DIDN'T HAVE A CHANCE TO TALK TO THEM, I'M GLAD YOU DID BUT I CAN'T TELL -- I DON'T KNOW ANYTHING MORE THAN WHAT'S WRITTEN ON THE PAPER.

I FEEL A LITTLE AT A LOSS. >> CYNTHIA -- PAM TOLD ME THAT CYNTHIA TALKED HER INTO APPLYING SO IT SEEMS LIKE CYNTHIA IS THE

[01:10:02]

I THINK THAT PROBABLY NONETHELESSED INFLUENCED ME A

LITTLE BIT. >>> EVERYBODY GOT THESE THOUGH WHEN THEY INITIALLY SENT THEM OUT, RIGHT? HUNT THESE INITIAL TWO? I THOUGHT EVERYONE GOT THEM

ABOUT TWO MONTHS. >> NO.

>> SORRY I THOUGHT EVERYONE GOT THEM.

IT WAS JUST ME, I THOUGHT EVERYONE HAD THEM.

>> DID I ANY OF THEM HAVE ANY CONTRADICTION CONSTRUCTION EXPERIENCE? I THINK JUST THE DESIGNERSES YOU OWNER WORKS WITH PEOPLE CONSTRUCTING HOMES AND THE OTHER WAS A MORTGAGE BROKER. I WILL SAY ANTHONY I THINK THESE COMPANIES SOUND LIKE THEY'RE MORE LAND ACQUISITION COMPANIES THAT THEY ACQUIRE THE LAND THEN THE CELL TOWERS ARE CONSTRUCTED ON THEM BUT I DON'T KNOWING IT'S IN THE CONSTRUCTION AREA BE EASES FOR SURE BECAUSE I DIDN'T GET TO TALK TO HIM .

>>> OKAY THANK YOU. >>> OKAY, WHAT IS THE FEELING OF THE BOARD MINUTES ABOUT THESE APPLICANTS? SO I WILL -- I'M KIND OF TORCH BETWEEN PAM STORE AND CYNTHIA WEAR BECAUSE I THINK PAM IS RETIRED AND HAD MORE TIME.

BUT I THINK WHAT I'M GOING TO DO IS I WILL GO AHEAD AND NOMINATE CYNTHIA WEAR AS A RECOMMENDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO NAME TO THE SEWNING AND ADJUSTMENT BOARD STARTING WITH OUR NEXT MEETING AND I BELIEVE IT WILL BE ON

THEIR MARCH 10 AGENDA. >> MARCH 7.

>> MARCH 7. >> UNFORTUNATELY SECOND IT.

>> ALL IN FAVOR? ANY OPPOSED? AND I THINK -- I INVITE ALL OF YOU TO CALL HEAT INDICES PEOPLE. I'M GOING TO TRY THE TALK TO ANTHONY ESPECIALLY FOR OUR NEXT OPENING, SHE AND PAM SHORE AND AL TALK TO BOTH OF THEM ABOUT THE PZA AND THE ARC, BECAUSE THE ARC HAS OPENINGS AS WELL ON THEIR BOARDS.

GREAT, AND THEN I BELIEVE OUR NEXT ITEM IS WE HAVE -- WE ARE GOING TO BE HEARING AN APPLICATION THAT HAS BEEN SUBMITTED BY THE CLUB AND THE LODGING CLUB TO GATE CORPORATION COMPANIES WHERE THEY ARE GOING TO -- THEY HAVE MADE AN APPLICATION FOR ZONING CHANGE OF THEIR PROPERTIES FROM VARIOUS ZONING, RECREATIONAL, R FOUR, R THREE AND THEY HAVE VARIOUS ZONING AREAS RIGHT NOW WITHIN OUR REGULATIONS AND THEY WOULDING LIKE TO PUT THESE IN A PLANNED UNIT EQUIPMENT AND I THOUGHT IT MIGHT BE GOOD IF CHRISTINE DOES A LITTLE BIT OF TRAINING TO BE IN A PLANNED UNIT DEVELOPMENT VERSUS STAYING UNDER THE REGULATIONS OF THE ZONING AND ADJUSTMENT BOARD SO I'M GOING TO TURN IT OVER TO CHRISTINE.

>>> SO I DID PROVIDE YOU A PACKET OF WHAT I'M GOING TO SHOW YOU TODAY AND YOU CAN KEEP IT AS A REFERENCE, AND I THOUGHT THE BEST WAY TO GO ABOUT COMMUNICATING THIS INVESTIGATION TO YOU IS TO BASICALLY WALK THROUGH HOW ARGOYO ADVISEMENT E-YOU'RE MANAGEMENT STAFF ORB I WOULD LOOK AT AN APPLICATION, SO FIRST AND FOREMOST YOU HAVE THE COMPREHENSIBLE LAND USE DESIGNATIONS AND EVERYTHING, WHETHER IT'S A STRAIGHT ZONING CLASPING OR A PUD THAT MUST BE CONSISTENT WITH THE COMP PLAN AND IN THE FUTURE LAND USE DESIGNATION YOU HAVE ALLOWABLE USES AS WELL AS DENSITY PROVISIONS.

WITHIN THIS PARTICULAR PROJECT WE SEE SOME COMMERCIAL, SO WE HAVE COMMERCIAL AS WELL AS RESIDENT B, RESIDENTIAL B AND RESIDENTIAL D. SO THIS IS THE ACTUAL COMP PLAN FOR COMMERCIAL, IT'S VERY BROAD AND I'VE ALSO PROVIDED -- THERE'S A DIFFERENT DELINEATION OF DIFFERENT TYPES OF COMMERCIAL AND WHAT'S IMPORTANT IN ADDITION TO THE COMMERCIAL DESIGNATION IS NEIGHBORHOOD COMMERCIAL AND COMMUNITY COMMERCIAL, BECAUSE THOSE TWO USES ARE ALLOWABLE THROUGH A PUD IN RESIDENT B, AND RESIDENT B YOU CAN HAVE NEIGHBORHOOD COMMERCIAL USES AND RESIDENTIAL D YOU'RE ALLOWED TO HAVE BOTH NEIGHBORHOOD COMMERCIAL AND COMMUNITY COMMERCIAL THROUGH A PUD.

SO THOSE ARE IMPORTANT TO LOOK AT.

THEN ALSO YOU WILL SEE DENSITY PROVISIONS AND THAT'S

[01:15:02]

THEN REGARDING RESIDENTIAL DENSITIES THERE IS A SEPARATE TABLE FOR COASTAL WHICH WOULD APPLY HERE AND WHETHER IT'S RESIDENT B OR RESIDENT D IT'S TWO UNITES PER ACRE.

SO YOU HAVE YOUR COMP PLAN, THAT SETS OUT THE ALLOWABLE POTENTIAL USES, DENSITY AND OTHER DEVELOPMENT PARAMETERS AND YOUR ZONING CLASSIFICATION IS WHERE THOSE USES ARE REFINED AND THEY ARE ACTUALLY -- THEY ACTUALLY BECOME THE ENTITLEMENT TO THAT PARTICULAR PROPERTY OWNER. SO WHAT WE SEE IS CURRENT ZONING CLASSIFICATIONINGS UNDER THE ZONING REGULATIONS YOU EVER THE R TWO DISTRICT AND YOU SEE THE LIST OF ALL THE USES THAT ARE THE ALLOWED AS OF RIGHT, MEANING THE PROPERTY OWNER DOES NOT HAVE TO COME BACK TO THE COUNTY FOR PUBLIC HEARING APPROVAL FOR THOSE USES. SO WITHIN THAT ZONING CLASSIFYING YOU'LL SEE THE LIST OF USES AS WELL AS THE SITE DIMENSION REQUIREMENTS YOUR LOT AREA, YOUR SETBACK, YOUR BUILDING HEIGHT, THOSE TYPE OF DIMENSIONAL REQUIREMENTS.

AND THEN RESIDENT OR R THREE, SORRY, COMMERCIAL IS THE OTHER PREDOMINANT EXISTING ZONING CLASSIFICATION, THAT HAS A BUILT MORE DETAIL THAN THE R TWO. IT INCLUDES USES THAT ARE ALLOWED AS OF RIGHT IN ADDITION TO SPECIFIC USES THAT ARE NOT PERMITTED OR PROHIBITED SUCH AS CERTAIN TYPES OF COCKTAIL LOUNGES THAT ARE NOT INCIDENTAL TO HOTELS, LIQUOR SALES, T AND SO ON WINDCHILL THE PUD THE CONCEPT BEHIND THAT IS TO PROVIDE SOME FLEXIBILITY IN CREATIVE DESIGN WHILE STILL CONSISTENT WITH THE COMP PLAN. EVERYTHING NEEDS TO BE CONSISTENT CONSISTENT WITH THE COMP PLAN BUT YOU CAN PROPOSE A PROJECT THAT PERHAPS MEETS THE INTENSE INTENT OF THE CODE IN TERMS OF COMPATIBILITY WITH THE NEIGHBORING PROPERTY OWNERS.

HOWEVER YOUR SITE DESIGN COULD BE A BIT DIFFERENT THAN THE STRAIT ZONING TRACKING, CLASSIFICATION, SO I PROVIDED YOU THE PUD SECTION, THERE ISN'T SEPARATE PUD ZONING CATEGORY OR GUIDANCE IN THE DISTRICT SO YOU WILL DEFER TO THE LDC.

AND I KIND OF WANT TO WALK YOU THROUGH I WOULD BECAUSE THE CODE PROVIDES A TEMPLATE FOR HOW THE THAT'SST MASTER DEVELOPMENTS PLAN, YOU HAVE BOTH THE MASTER DEVELOPMENT PLAN AND A MASTER MAP, MASTER DEVELOPMENT MAP THAT GOES WITH IT, BUT YOU'LL SEE THE DRIPPING OF THE COMPATIBILITY STANDARD FOR A PUD.

IT'S A BIT MORE DETAILED THAN WHAT YOU MIGHT CONSIDER FOR RESORBING BECAUSE THERE'S CONSIDERATION FOR FLEXIBILITY IN DESIGN BUT ALSO KEEPING IN MIND THAT THAT DESIGN NEEDS TO MITIGATE COMPATIBILITY ISSUES. AND WHAT I THINK IS PROBABLY THE MOST IMPORTANT PART OF IS THIS IS SECTION G WHERE IT TALKS ABOUT THE MASTER DUODENUM PLAN. THIS SETS THE TEMPLATE FOR THAT TEXT, SO EVERY SINGLE PUD THAT GETS SUBMITTED TO THE COUNTY WILL FOLLOW THIS SAME FORMAT AND SO EACH SECTION WILL FOLLOW THIS FORMALT SO WHEN YOU RECEIVE A COPY OF THE PROPOSED MASTER DEVELOPMENT PLAN YOU WILL BE ABLE THE LOOK THROUGH WHAT THEY ARE THE FILLING IT TO SATISFY EACH ONE OF THESE MINIMUM TEMPLATE REQUIREMENTS THROUGH THAT MASTER DEVELOPMENT PLAN.

ONE THING I WANT TO POINT OUT THAT IS INTERESTING WITH PUD IS THE SECTION T. AND THINGS INTERESTING BECAUSE IT IS ACTUALLY A WAIVER REQUEST TO A CODE REQUIREMENT, AND

[01:20:06]

THAT IS PROBABLY A FOCUS FOR REVIEWING A PUD, YOU MAY OR MAY NOT AGREE WITH WHAT THE APPLICANT IS PROPOSING AS A WAIVER AND THE APPLICANT'S GOFERS FOR IT SO I DO SEE CONVERSATION AT THE BOARD LEVEL WHEN THEY CONSIDER PUDS OR PZA ABOUT WHETHER THEY THINK THE WAIVER MEETS THE JUSTIFIES AND LASTLY YOU HAVE A PUD MASTER DEVELOPMENT MAP AND THAT CAN BE A MAP THAT WOULD GUIDE THE DEVELOPMENT OR IF THERE'S CERTAIN ASPECTS THAT HAVEN'T BEEN DETERMINED YET AND THEY'LL ASK TO USE AN AN INCREMENTAL MAP TO BE APPROVED A MORIVE LIE BUT ALL WITHEN THE GUIDELINES OF THE OVERALL APPROVED PUD SITE DESIGN. SO THAT'S BASICALLY IT IN A NUTSHELL AND I WANTED TO GIVE YOU THIS ROAD MAP AND TOOL TO USE TO GUIDE YOU THROUGH REVIEWING THE PROPOSEED INN PUD APPLICATION. WE JUST 70ED IT LAST WEEK, IT HASN'T GONE THROUGH THE FIRST ROUND OF STAFF COMMENTS, IT IS A PUBLIC RECORDS, BUT I WILL TOLE YOU THERE COULD BE CHANGES TO IT BASE ON STAFF'S REVIEW. SO IF YOU HAVE ANY QUESTIONSIVELY BE HAPPY THE ANSWER THEM.

>>> THANKS CHRISTINE, FROM WHAT I UNDERSTAND WE HAVE THE ZONING CODES AND YOU HAVE WHEN YOU HAVE A PUD YOU PRETTY MUCH WRITE YOUR OWN ZONING BUT THAT HAS TO BE APPROVED SO WHEN YOU SUBMIT IT THROUGH THEIR MASTER DUODENUM PLAN AND THROUGH THEIR WRITTEN APPLICATION THEY WILL CREATE THEIR OWN ZONING SO IF THEY WANT THEY WANT HIGHER HEIGHTSES THAN THE 35 FEET THEY'LL PUT THAT IN THEIR MASTER DEVELOPMENTS PLAN AND THIS ONE WAS IN THE ONE THAT WAS SUBMITTED AND THEN THEY'LL GIVE REASONS FOR THAT.

FOR INSTANCE WE ONLY ALLOW 120-FOOT BUILDING BUT WE ALREADY KNOW THEY HAVE LOBBER BUILDING BUT THEY'RE GOOD MANY TIMES TALK ABOUT THAT THAT THEY'RE NOT GOING TO EXPAND ANY BUILDING THAN IT IS TODAY, IT'S NOT IN COMPLIANCE BUT THAT'S WHAT THEY COMPLAINT TO CONTINUE TO HAVE, AND SO BUT THAT OWN ZONING THAT THEY WRITE STILL NEEDS TO BE REVIEWED AND APPROVED BY THE BOARD OF COUNTY COMMISSIONERS, CORRECT IS THIS.

>> YES. >> AND PUDS HAVE REQUIREMENTS THAT AREN'T IN THE ZONING CODE SO SOME OF THEIR RESIDENTIAL AREAS DON'T REQUIRE OPEN SPACE OR RECREATIONAL AREA BUT ONCE THEY'RE IN A PUD THEY WILL BE REQUIRED TO HAVE 25 PERCENT OF SPACE AND SO MUCH RECREATIONAL AREA WHICH THEIR GOLF COURSES NOW COMPLY WITH THAT. BUT THERE ARE PLUSES AND MINUSES BUT THE PUD DOES ALLOW THEM SOME FLEXIBILITY TO DO WHAT THEY WOULD LIKE TO DO AS A RESORT TODAY.

THEY CAN RESTITUTION LOT SIDESES FROM OUR REGISTRATIONS SEA THAT A LOT HAS TO BE SO BIG AND SETBACKS, THEY CAN REDUCE LOT SIZES AND THEY CAN CLUSTER HOMES BUT THEY STILL HAVE TO HAVE THATCH SPACE, SO I CAN'T IMAGINE THEM DOING THAT WITH THEIR BUILDINGS BUT YOU NEVER KNOW EASTBOUND BUT OTHERWISE THEY STILL HAVE TO COME BACK WITH ANY OTHER CHANGES OR ANYTHING THEM

TO DO WITHIN THEIR PUD. >> YES, THAT WILL BE PROSPECTED PRESENTED AND THEY WILL HAVE TO ASK A WAIVER FOR.

ILL TELL YOU IN ANY INITIAL PRODUCE PERU SAL IT SEEMS LOOKS LIKE OR ALL OF THE STRUCTURES WERE ABOUT THIS TIME PRIOR TO THE ZONING SO THEY'RE NON-COB FOREIGNING SO THEY WILL BE SEEKING TO PRESERVE SOME NONCONFORMING ASPECTS OF CERTAIN STRUCTURES, JUST SO YOU EACH ANTICIPATE THAT

[01:25:01]

>>> AND THEY POINT THEM OUT WHERE THEY'RE NONCONFORMING STRUCTURES ARE AND WHAT THEY WANT TO APPROVE.

I GUESS WE'LL HAVE TO WAIT TO HEAR THE APPLICATION AND TO READ

THE APPLICATION. >> THE WAFERS, DO THEY GO THROUGH STAFF OR DO THEY COME TO THIS BOARD?

>> THEY COME TO THIS BOARD, THEY ARE PART OF THE PUD MASTER DUODENUM PLAN SO IT WOULD BE PART OF THEIR ZONING

REQUIREMENTS. >> MEGAN, YOU WANTED TO.

>> ONE OF THE CONCERNS THAT I HAVE IS HOW INFORMATION IS MANAGED AMONG THE COMMUNITY AND RESIDENTS OF THE CURRENT LIVING ADJACENT TO THE INN AND CLUB, BECAUSE THE -- SOME PEOPLE HAVE GONE ON THE COUNTY WEBSITE AND GOTTEN THE MASTER DEVELOPMENT PLAN AND LOOKED IT WOULD NUMBER OF WAIVERS THAT THEY'RE ASKING AND ARE GETTING VERY HANG ABOUT WHAT'S GOING TO HAPPEN TO THEIR HOMES WHAT'S GOING TO HAPPEN TO THE LAGOONS, ARE THEY GOING TO BUILD HOUSINGS ON THE GOLF COURSE, JUST A WHOLE -- YOU KNOW WITHOUT ANY INFORMATION, PEOPLE ARE VERY UNSETTLED AND I WAS WONDERING IF THERE WAS SOME WAY THAT A DESCRIPTION -- IF THEY COULD WRITE A DESCRIPTION ABOUT WHAT THEY'RE GOING TO DO THAT THEY COULD SEND TO THEIR THEY BEES A NEIGHBORS AS INFORMATION JUST TO MAINTAIN GOOD RELATIONSHIPS SO THAT THE PROCESS GOES ALONG MORE SMOOTHLY.

>>> THEY ACTUALLY HAVE BEEN MEETING WITH THE NEIGHBORS THAT

ARE ALONG THE LAGOON THERE. >> BUT THRE ARE MANY NEIGHBORS THAT THEY AREN'T MEETING -- THEY'RE MEETING WITH LIKE SOME INDIVIDUALS, LIKE THEY'VE MET WITH -- THE ONE PERSON ON THE MST, THEY MIGHT MAKE A PRESENTATION BUT I'M THINKING FROM A PROCESS STANDPOINT THAT THIS WOULD BE NICE IF THERE'S A EVEN NEGATIVESNESS IN INFORMATION DISTRIBUTED, SOMEWHAT FAIRLY AMONG ALL THE SKIFFS AND IF PEOPLE CHOSE NOT TO LOOK AT IT THAT WOULD BE FINE BUT IT WOULD BE GREAT, BECAUSE URN LIKE OTHER PUDS AT LEAST THAT I'M FAMILIAR WITH, THEROPODS EMBEDDED WITHIN THE RESIDENTIAL AREA, SO YOU KNOW.

>> I THINK MEGAN WE CAN REQUEST THAT THEY AND OUR GATE CORPORATION DO THIS AND THEY MAY OR MAY NOT, BUT ONE OF THE THINGS WE HAVE AVAILED OURSELVES OF WHEN JR. MAJOR CHANGES ARE BEING PROPOSED IS WE HAVE A COMMUNITY MEETING AND THE GROWTH AND DEVELOPMENT DEPARTMENT TALKS ABOUT THE CHANGES THAT ARE BEING PROPOSED, SO THINK WHAT WE MAYBE ABLE TO DO IS ASK BEFORE IT COMES TO THIS BOARD THAT WE DO HAVE A COMMUNITY MEETING FOR THE COMMUNITY TO SEE WHAT CHANGES ARE BEING PROPOSED.

>>> I TOTALLY AGREE WITH THAT BECAUSE AS I SIT HERE AND THINK ABOUT THIS AND THE AT SOME POINT COMING TO THIS STAFF, I FEEL MUCH MORE COMFORTABLE IF WE HAD SOME KIND OF COMMUNITY MEETING JUST LIKE WE DID AT THE LIBRARY.

>> THE SIX LANING OF ASHES ONE A WE HAD A COMMUNITY MEETING, CORNER ZONE, WHEN THERE WERE PROPOSALS TO CHANGE OUR REGULATIONS WE HAD A COMMUNITY MEETING SO THIS WOULD BE HALF OF ALMOST HALF OF THE MSD IN A PLANNED UNIT DEVELOPMENT AND I THINK -- AND I'M A MEMBER OF THE CLUB, I'M A MEMBER OF THE LODGE SO THEY DID SENT AN E-MAIL AND THEY HAVE THE RABIDERRINGS SO THEY'RE TALKING TO THEIR MEMBERS AND I KNOW THEY HAVE ABOUT A THOUSAND MINUTES NOW SO A LOT OF RESIDENTS ARE GETTING THE INFORMATION BUT TO HAVE AN OPPORTUNITY TO -- BECAUSE THE DRAWINGS LOOK LIKE A TWO STORY PARKING GARAGE, SOME PEOPLE ARE SAYING IT'S SEVEN STORIES AND SO THERE'S A LOT OF MISINFORMATION OUT THERE THAT COULD CAUSE A LOT OF PROBLEMS AS THIS COMES BEFORE US, AS THIS COMES BEFORE THE BOARD OF COUNTY COMMISSIONERS THAT JUST GETTING THE FACTS OUT I THINK WOULD BENEFIT THE

[01:30:02]

BENEFIT US >>> SHOULDN'T IT BE THE CLUB'S RESPONSIBILITY TO DO THAT? I'M A LITTLE BIT AFRAID IF WE ORGANIZE A MEETING AND EVERYONE GETS IN A FUROR THEN LENGTHS OF TIME -- I THINK IT'S THEIR RESPONSIBILITY NOT OURS.

>> WHAT IF THEY REFUSE? HOW SHOULD WE DO THIS?

>> WE NATIONWIDE TO TELL THEM THEY NEED TO SELL IT, THEY NATIONWIDE TO GET IT OUT TO THE COMMUNITY THAT THIS IS A GOOD THING FOR THE COMMUNITY, HOPEFULLY IT IS, AND SELL IT RATHER THAN US DECIDING THAT WE NEED TO HAVE A WORKSHOP AND PUT ALL OF THE SUDDEN WE'RE DOING IT, WE COULD BE ACCUSES OF KILLING IT SO I WOULD PUT THE BURDEN ON THAT THEY WILL.

I ALSO HAVE A QUESTION -- BEFORE SOMETHING COMES BEFORE THE BOARD WE'RE SUPPOSED TO TESTIFY ABOUT WHO WE TALKED TO ABOUT THIS.

I'VE TALK ABOUTED TO 150 PEOPLE ABOUT THIS -- AND BECAUSE I WAS UNAWARE THERE'S GOING TO BE AN APPLICATION OR PUD BUT THE LOCAL RESIDENT AT THE LODGE -- ACTUALLY I BIT IT TOO BY THE WAY BUT THE LOCAL RESIDENT AT THE LODGE EVERYBODY WANTS TO KNOW CONSTRUCTION QUESTIONS. WHAT DO WE DO ABOUT IS THAT PEOPLE ARE GOING TO BE TALKING TO EVERYBODY WHICH IS ACTUALLY GOOD WHICH MEANS IT IS GETTING OUT.

>>> I'M GETTING E-MAILS AND PHONE CALLS AND ALL I DO IS LISTEN JUST LIKE I WOULD ANYBODY ELSE AND I GUESS FROM LISTEN TO THIS THERE'S A LOT OF EDUCATION THAT NEEDS TO BE DONE BEFORE WEB

MAKE A DECISION. >> AND I THINK THAT'S IMPORTANT FEEDBACK FORS TO PASS ON TO THE APPLICANT, I DO AGREE WITH MR. PAT TOP, TEST THEIR APPLICATION THEIR RESPONSIBILITY TO SHEPHERD IT AND SELL IT AND BE SUCCESSFUL WHICH THAT.

THIS IS NOT THE AREA OF A COUNTY WHERE A COMMUNITY MEETING IS REQUIRED. ALSO WHAT WE'RE HEARING FROM YOU ALL TODAY THAT THERE SEEMS TO BE A LOT OF MISINFORMATION COMING TO YOU FROM A VARIETY OF PEOPLE IN THE COMMUNITY THAT SHOULD BE CAUSE FOR CONCERN FOR IF APPLICANT, I WOULD IMAGINE, AND WE CAN DISCUSS THAT WITH THEM AND LET THEM DRIVE HOW THEY WANT

TO RESOLVE IS THAT THE. >>> WOULD IT BE GOOD IDEA FOR MAYBE, JANE YOU AND I TO MEET WITH THEM?

>> CAN THE TWO OF US SITTING ON THE BOARD?

>> IT WOULD HAVE TO BE AN ADVERTISED PUBLIC MEETING --

>> WE CAN ADVERTISE IT AND ENCOURAGING THEM TO --

>> NO, IT WOULD BE BETTER IF WE DO --

>> I WOULDN'T WANT JUST ONE OF US MEETING, SOMETHING THOUGHT

ABOUT THAT GATE GAS STATION. >> NO, I'M TIRED OF HEARING

ABOUT THE GATE GAS STATION. >> AND I THINK ONE OF THE THINGS WE NEED TO SELL IS GATE HOSPITALITY AND THE GATE GAS STATION ARE TWO DIFFERENT COMPANIES WITHIN AN UMBRELLA OF A BIG CORPORATION SO THE GATE HOSPITALITY IS COMPLETELY DIFFERENT, SO BUT THEY WILL NEVER SEE THAT DIFFERENCE.

>>> SO YOU FINE WITH SHARING THE INFORMATION THAT YOU DISCUSSED

HERE WITH THE PUBLIC AND -- >> YES.

>> STRONG LASSOING THAT HOLD A COMMUNITY MEETING.

>> TO ME A MAILING IS ALWAYS GREAT BECAUSE IT PROVIDES EACH PERSON WITH SOME MATERIAL THAT THEY CAN READ BECAUSE SOME PEOPLE ABSORB INFORMATION BETTER READING THAN BY HEARING CAN THE EMOTIONAL CONTENT IS SOMETIMES BETTER IF SOMEONE CAN HAVE TIME TO READ THE MATERIAL AND ABSORB IT AS OPPOSED TO BEING IN A MEETING, BUT I AL KNOW IT'S DIFFICULT -- THERE'S NO ONE WHO HAS A LISTING OF EVERYONE'S E-MAIL SO SOMETIMES THE SNAIL

[01:35:01]

ADJACENT TO THE CLUB. >> I'LL LOOK AT THAT, WITH THE PUD IN THE REQUIREMENT, ANY PROPERTY OWNER WITHIN 300 FEET RECEIVE AS DIRECT MAIL NOTICE AND WE HAVE THE NEIGHBORHOOD

BILL OF RIGHTS PROCESS. >> WHAT IS A DRAFT MAIL NOTICE.

>> IT'S A NOTICE THE APPLICATION WILL COME BEFORE THE COUNTY AND IT DOESN'T PROVIDE ANY OTHER INFORMATION.

>> BESIDES THE MARTIN LUTHER KING NUMBER AND WHERE TO SEEK DILIGENCE INFORMATION NO, IT DOESN'T HAVE ADDITIONAL INFORMATION ABOUT THE APPLICATION, LET ME ASK YOU THIS, WHAT IS YOUR SENSE OF HOW THE COUNTIES MVR PROCESS REACHES

THE COMMUNITY? >> I THINK THE NBR -- AN NBR DID GO OUT ON THIS AND THEY WERE LINKED TO DOCUMENTS THAT HAD TO BE OPENED AND I THINK WE'RE FINDING SOME OF THE MATCHES HAVE CAUSED A STIR AND I KNOW THERESA IS GOING TO CHECK ON THAT BECAUSE THEY'RE PUTTING ALL THEIR LAGOONS IN THE PUD ALSO.

THAT MIGHT NOT BE THE CASE SO WE'RE CHECKING ON THAT BUT PEOPLE ARE AGE THE ACCESS IT THROUGH THE NB R.

THE ISSUE WITH THE NBR PROCESS IN THE PAST IS IT WAS A VEHICLE FOR THE HOA SO IF YOU WERE THE HEAD OF AN HOA YOU GOT THE NB REASONABLE CAREER BUT NOT NECESSARILY IF YOU WERE JUST A RESIDENT. AND I THINK THE THE BIGGEST ISSUES HAVE BEEN THE HEIGHT OF THE LONG BEING THE SAME HEIGHT OVER THE CARLISLE WHERE THOSE PEOPLE HAVE A VIEW OF THE OCEAN AND THEN THE PARKING GARAGE THAT'S REPLACING THE TENNIS COURTSES BEING SO TALL AND RUINING THOSE PEOPLE'S PROPERTY VALUES. THOSE ARE THE TWO THINGS THAT I WOULD TELL THE APPLICANT TO FOCUS ON HOW IS THAT GOING TO AFFECT THE COMMUNITY AND GET THE ACCURATE DRINK OUT THERE WHAT THAT'S GOING TO LOOK LIKE AND WHAT THAT WILL MEAN FOR THE

COMMUNITY. >>> JANE, AMENDMENT REPEAT THAT

ABOUT THE HEIGHT? >> APPARENTLY IT'S GOING TO BE SICK FEET PLUS THE FEMA REQUIREMENT REQUIREMENT BUILD UP NEIL WHICH IS ANTICIPATE FEET SO THAT'S GOING TO BE 78 FEET CAN

THE CARLISLE IS 70 FEET. >>> THAT'S NOT WHAT I SAW IN THE RENDERINGS SO -- I THINK YOU MOVE PROVED YOUR POINT BUT THE RENDERING HAS A TWO STORY BUILDING BEHIND THE CARLISLE

>>> THE NEW LODGE BUILDING TON OCEAN -- THIS IS A LONG DEVELOPMENT PROCESS. THEY SAID THEY WOULD BE BILLION THROUGH 2053 SO YOU CAN IMAGINE THEY DON'T WANT TO KNOCK DOWN ALL THEIR BILLIONS CANNOT HAVE SUNNY REVENUE SO TWO KNOWS WHEN SOMETHING IS GOING TO BE BUT THEY'RE TRYING THE GET THEIR OWN PUD BUT I THINK FOR THE COMMUNITY TO UNDERSTAND MORE ABOUT THE PHASED IN PROCESS, WHAT EACH BUILDING LOOKS LIKE, HOW IT WILL AFFECT THEIR NEIGHBORS BECAUSE THEY DO -- THEY'RE RIGHT ACROSS FROM THEIR OWN PROPERTIES ON THE OCEAN EXCEPT FOR A FEW AND I THINK THAT'S WHAT THE NEIGHBORHOOD WANTS TO KNOW ABOUT AND THAT WOULD BE IMPORTANT FOR US TO KNOW HOW THE NEIGHBORS FEEL ABOUT THAT AND HOW THEY'RE GOING

TO ATTACK PROPERTY VALUES. >>> AND OTHER PEOPLE WHO HAVE HAVE CALLED ME HAVE EXPRESSED CONCERNED ABOUT WELL IF THEY DECIDE TO SELL THIS RESORT BECAUSE THERE IS PEOPLE WHO BUY RESORTS AND THEY DECIDE THAT THEY WANTED TO CHANGE THE LAGOON COURSE INTO FAMILY HOMES OR CONDOMINIUMS OR SOMETHING ELSE, YOU KNOW, IT'S JUST LIKE PANDORA'S BOX, THAT PEOPLE ARE JUST THINKING ANYBODY ABOUT ANYTHING THAT COULD ADVERSELY AFFECT THEIR HOME AND THEIR HOME'S VALUE

>>> THEY'RE DREAMING UP WORST CASE SCENARIOS.

THE LOT ACROSS FROM ME, $2.8 MILLIONS FOR THE LOT, THIRD OF AN ACRE, SO WE'RE THINKING WHAT DO THEY -- SO AGAIN GETTING

THE FACTS OUT. >>> MY QUESTION ABOUT THE NB REASONABLE CAREER IS MAYBE THAT COWL BE COULD BE A MEANS TO

DISSEMINATE INFORMATION. >> AS LONG AS I THINK WHAT WE

[01:40:01]

>> I KNOW THAT SYRINGES HAVE BEEN PERMITTED TO REMEMBERING

WITH THE NORTH KOREABR. >> I WOULD ASK WHOEVER CONTROLS THAT LIST DOES IT LOOK LIKE AT LEAST PEOPLE ON THERE IN THE COMMUNITY. I DON'T KNOW IF YOU CAN TELL BY

E-MAIL ADDRESSES. >>> YOU ARE CORRECT, WHEN YOU STATED THE ORIGINAL SEAT BELT WAS TO ALLOW HOMEOWNERS ASSOCIATIONS AND SIMILAR UMBRELLA GROUPS TO REGISTER FOR THE NBR AND THEN THEY HAD TO A RIVER FROM THAT HOMEOWNERS ASSOCIATION OR THAT UMBRELLA ORGANIZATION TO SET SENT IT TO THEIR ORGANIZATION AND THE PEOPLE IN THEIR ORGANIZE.

WHAT HAS TRANSPIRED OTHER THE YEARS THOUGH IS WE HAVE PEOPLE THAT LIVE OUT IN THE HITHER LAND ASKS THEY DO NOT GET ANY NOTICE OF ANYTHING AND THEY'RE NOT PART OF AN HOA SO WE HAVE ALLOWED INDIVIDUAL HOMEOWNERS TO REGISTER AND INDIVIDUAL PEOPLE TO REGISTER, WE DO GET THEM TO THEM BUT THEY DO HAVE TO REGISTER CAN THERE IS A REGISTRATION ONLINE.

>>> THE OTHER THING IS THE HOA TURNOVER -- LEAD LEADER'S ALLISES TERM BUT MAYBE WE CAN TIGHTEN UP THE NBR PROCESS AND

HOPEFULLY USE THAT >>> THE ONE THING I WOULD ADD THAT MOST PEOPLE WHO LIVER LIVE IT'S IN OLD POSSIBILITY -- I WAS ABLE THE SIGN UP TO GET THE NBRS CAN YOU GET A LOT OF THEM ABOUT GAS LINE INSTALLATIONS AND ROAD CLOSURES AND SO I THINK THE NORTH KOREABR MIGHT BE TOO CRUDE OF A TOOL FOR SENDING INFORMATION, IT MIGHT BE BETTER JUST TO TRY TO GET -- TELL PEOPLE IF YOU WANT INFORMATION SENT ABOUT YOU GIVE US YOUR E-MAIL ADDRESS AND THEY WOULD ONLY GET INFORMATION ABOUT THIS AS OPPOSED TO ALL THE OTHER NBR STUFF BECAUSE THEY'LL STOP READING IT AND SAY I WASN'T TOLD.

>>> I WAS JUST TRYING THE MATERIAL WHAT TOOL WE HAVE THAT WOULD BE THE QUICKEST WAY TO DISSEMINATE ADDITIONAL

INFORMATION. >>> THAT MAKES SENSE, THANK YOU FOR THE TRAINING. VERY WELL DONE, I KNOW WE WILL DIGEST THERE 4:00 AND BE MORE PREPARED.

>>> ANY IDEA WHEN IT WILL COME BEFORE US?

>> WE HAVE NO IDEA AND I WOULD ENCOURAGING YOU AS YOU GET THIS APPLICATION, MAYBE YOU WANT TO MEAL MEET WITH STAFF, I MET WITH STAFF TODAY AND I WENT THROUGH THE ENTIRE PRESIDENT CLINTON WITH THEM AND ITS MAY CHANGE, AND I'M ACTUALLY GOING TO PRIVILEGE MEET WITH SOME OF THE OTHER FOLKS AT THE COULD THAT ARE REVIEWING THE APPLICATION SO I UNDERSTAND WHAT THEY'RE LOOKING FOR AND WHAT THEY'RE DOING WITH IT, SO I WANT TO MAKE SURE WHEN IT COME TO US I'M FULLY INFORMED AND FULLY

EDUCATED. >> CAN WE GET A COPY OF IT AHEAD

OF TIME TOO? >> SURE.

IT'S EASIER WHEN THEY HANDED IT TO ME BUT I WOULD SAY THIS, I'LL GET IT OUT. IT'STHICK.

NOW, I WOULD SAY THE IMPORTANT APARTMENT IS REALLY THEIR MASTER DEVELOPMENT PLAN TENSION AND DOCUMENTS, THIS IS ALL JUST PROVING THEY OWN THE LAND THEY OWN, TRANSFERS OF THINGS THEY BOUGHT AND LEGAL STUFF AND SURVEYS THAT YES WE OWN THAT OCEAN HOUSE AND YES WE OWN THIS AND THAT BUT -- AND TAIL THE VERBIAGE IS REALLY IMPORTANT. THEY HAVE SOP MAPS IN HERE AS WELL BUT I WOULD SAY THIS RESORTS PLANNED DEVELOPMENT

[01:45:03]

>>> MAY I ASK A QUESTION ABOUT INFORMATION GETTING TO YOU AND THIS IS A VERY THICK STACK OF PAPER, TYPICAL WILL YOU YOU GET YOUR AGENDAS A WEEK BEFORE. WOULD YOU MIND YOU PREFER A

GREATER LEAD TIME? >> YES, PLEASE.

I THINK WHEN THE STAFF REVIEWS ARE FINISHED AND READY TO SCHEDULE THE MEETING I THINK GETTING THE STAFF REPORTS AND ENCOURAGING COMPREHENSIVE STAFF REPORTS ON THIS, AND WE MAY EVEN WANT A STAFF PRESENTATION INSTEAD OF US JUST HAVING TO

READ IT. >>> SUREFUL STAFF CAN SET THE TABLE FOR YOU AS OPPOSED TO PRESENTING IT FOR THE APPLICANT, BECAUSE THIS IS QUASI-JUDICIAL AND THEY HAVE THE APPLICANT HAS

[Board Report]

>>> I KNOW WHEN WE HAVE HAD BEING VARIANCE REQUESTS ON THE OCEAN WHERE I KNOW THERE ARE A COUPLE OF US WHO ARE BUILDERS AND ENGINEERS AND THANKS BUT THOSE OF US THAT AREN'T WE HAVE HAD THE COUNTY ENGINEER HERE TO ADVISE US AND THAT IS ALWAYS HELPFUL TO SOMEBODY LIKE ME IF IT'S OUTSIDE WHAT I KNOW AND WHAT I DO IT'S IMPORTANT TO HAVE THE EXPERT HERE.

ALL RIGHT. THANK YOU.

FOR OUR NEXT MEETING I'M GOING TO ASK OUR LEGAL STAFF TO DRAFT SOME LANGUAGE FOR OUR OWN REGULATIONS THAT WILL ALSO AFFECT THE -- I DON'T THINK IT'S THE COMPREHENSIVE PLAN, I THINK IT'S THE COUNTY COMMISSIONERS RULES CAN REGULATIONS OF WHEN THERE ARE REQUESTS TO CHANGE ZONING AND THERE ARE VARIANCE REQUESTS BOTH SOUTHEASTERNING AND NON-ZONING, WE -- WHEN WE -- WHEN ANYTHING GOES TO THE BOARD OF COUNTY COMMISSIONERS I'M GOING TO REQUEST LANGUAGE BE INSERTED THAT FOR SOMETHING TO CHANGE IN THE ZONING OR IF AN APPLICANT TO GET A RANGE THAT KNOWLEDGE DO THEY HAVE TO HAVE A MAJORITY OF APPROVALS FROM THE BOARD OF COUNTY COMMISSIONERS BUT THAT DISTRICT COMMISSIONER MUST BE ONE OF THOSE APPROVALS, SO THAT OTHER -- AND HERE'S MY INTENT, THAT OTHER COMMISSIONERS CAN'T PORTION A CHANGE UPON A COMMUNITY THAT THEY DONE DON'T LIVE IN SO THAT EVEN IF IT'S THE DISTRICT THREE OR ST. AUGUSTINE, OUR COMMISSIONER AND TWO OTHER COMMISSIONERS CAN'T BESIDE TO PUT A PLANNED UNIT DEVELOPMENT DOWN THERE THE IF THEY DON'T LIVE THERE AND IT'S NOT TO CHANGE THE ZONING REQUIREMENTS BUT IT'S JUST TO ALLOW A ZONING CHANGE AND A VARIANCE TO EXISTING ROLES WHICH THEY'VE ALREADY APPROVED WOULD REQUIRE THE APPROVAL OF THAT DISTRICT COMMISSIONER. SO I WOULD LIKE TO HAVE THAT CONVERSATION AT OUR IN THE CASE MEETING AND I'VE ASKED CHRIS CHRIS CHRISTINE TO DRAFT SOME LANGUAGE -- WE CAN PROPOSE TO THE IT TO THE BOARD OF COUNTY COMMISSIONER TO TALK ABOUT AND IF WE'RE AMENABLE TO IT AND EVEN IF WE'RE NOT I WOULD DO IT AS A RESIDENT IN THE COMMUNITY, I WOULD GO TALK TO EACH DISTRICT COMMISSIONER AND RECOMMEND THEY HAVE THAT THE THE

>>> SO ARE YOU TALKING ABOUT APPLYING THIS BROADLY TO --

THROUGHOUT THE COUNTY. >> I WOULD SAY POINT HAVE I HAD A ZONING BUT I WOULD EVERYONE COURAGE THEM TO DO ITS A WELL

>>> SO I WILL RESEARCH THE LEGALITY OF THAT PROPOSAL AND IF IT'S LEGALLY POSSIBLE I WILL DR. IS THAT.

>>> AND OF COURSE IF STATE REGULATIONS DON'T HAVE THAT WE HAVE THAT EXCEPTION LANGUAGE, EVERYONE EXCEPT FOR REQUIRED BY THE STATE. THANKS, CHRISTINEMENT.

OKAY. SO ANY OTHER STAFF REPORTS OR BOARD REPORTS? ANY MINUTES THAT -- WE'LL DO

THAT NEXT ONE OR. >> AND UP TO HAVE A MEETING

* This transcript was compiled from uncorrected Closed Captioning.