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[1. PVZVAR 2024-01 Hughes Residence. Request for a Zoning Variance to Section VIII.N.2 of the Ponte Vedra Zoning District Regulations to allow for a retaining wall that exceeds the maximum height requirement of four (4) feet to a maximum of six (6) feet in height, specifically located at 401 Ponte Vedra Blvd.]

[00:05:07]

>>> THE HOUSE FOOT PRINTED WAS 12 AND A HALF FEET AND THEN IT

[00:05:11]

SLOPED DOWN TO THE FEET AND THE NATURAL DO YOU KNOW SYSTEM WHERE IT COMES OFF THE BEACH AND IT HAS A SECONDARY BEACH.

AND THEN THIS IS THE PLAN THAT WE HAVE FOR THE HOUSE, SHOWING -- WE HAD TO -- THAT ORIGINAL SURVEY, WE HAD TO SUBMIT TO BP BEFORE WE STARTED THE DESIGN PROCESS BEFORE WE SAW WHAT THE ELEVATION WOULD BE WITH THE HUNDRED-YEAR WAY. THAT IS AT 15 FEET. SO THAT 15 FEET IS THE SLOWEST STRUCTURAL MEMBER OF THE HOUSE. AND THE LOT BEING 12 AND A HALF FEET AND THE LOWER 15 FEET AND THE ELEVATION IS AT 16 AND A HALF FEEL THE. WE HAVE TO BRIDGE THAT IN THE LINE. THAT IS THE SITE PLAN THAT WE CAME UP WITH. AND WE SLOPPED IT UP KEEPING THE GARAGE LOWER AND 18 TO 13 FEET AT THE GARAGE. AND THEN THE BUILDING FOOT PRINT IS AT 13 FEET. SO WE ADDED ABOUT SIX INCHES TO THE SITE. AND THEN IT WILL MOVE BACK TO THAT AND CONNECTED HERE AND EVERYTHING ELSE IS UP AND DOWN. IT ALSO CREATES A VERY CHALLENGE IN BUILDING THE WALLS ON THAT SIDE OF THE HOUSE THAT IS WHAT WE'RE HERE TODAY FOR. THIS IS THE CONSTRUCTION AND THE CONSTRUCTION TODAY. TO THE LEFT OF THAT HOUSE ON TO THE NORTH SIDE IS A PUBLIC BEACH ACCESS. THAT IS THE WALL IN QUESTION THAT WE BUILT ALONG BETWEEN THE PUBLIC ACCESS AND THE HOUSE. THIS IS THE CLOSER UP. THIS IS A PICTURE OF THE WALKWAY SHOWING THE WALL THAT WE BUILT ON THE INSIDE, THIS IS THE WALL ON THE INSIDE. SO WE'VE -- THE WALL HAS SEVERAL PURPOSES. IT IS TO HOLD DIRT IN AND KEEP DRAINAGE ON THE SITE.

IT IS CREATING PRIVACY FOR RESIDENTS. IT IS ALSO FOR LIFE SAFE REQUIREMENT FOR THE POOL IN THE BACKYARD. AND IT ALSO IS TO KEEP CHILDREN AND PETS INSIDE THE WALL. IT IS SLOPING ON THE INSIDE OF THE WALL AND THE OUTSIDE OF THE WALL. AND WHERE WE HAD TO ADD TO THE FILL-N IN IN STANDARD. SO THAT CREATES THE CONFLICT BETWEEN THE LOT AND THE BEACH ACCESS.

WHERE WE BUILT UP THE BUILDING PAD ON THE OTHER SIDE, WE'VE -- THE ELEVATION OF THE WALL IS 17 FEET. SO 13-FOOT FOR THE BUILDING PAD AND 17 TO THE FOR THE ELEVATION WALL IS A CONSISTENT FOUR FEET ON THE INSIDE OF THE WALL. BUT ON THE OUTSIDE OF THE WALL IT IS ABOUT FOUR FEET IN THE MIDDLE AND IT IS CONSISTENTLY SLOPES DOWN. THAT CREATES THE CONFLICT IN NOT BEING MEETING THAT FOUR FOOT REQUIREMENT. YOU CAN SEE ON THE OTHER SIDE OF THE BEACH ACCESS THAT THERE IS AN EXISTING FENCE THAT HAS SOME OF THE SAME ISSUES WHERE IT IS JUST A FEW INCHES TOO TALL BECAUSE IT IS ON THE WAYS IT RISES JUST TO THE LEFT OF THE WALKWAY. AND THEN THEY'VE USED SOME REALLY TALL BUSHES THAT CREATE A SECONDARY WALL ON THE NORTH SIDE OF THE BEACH ACCESS. THIS IS FURTHER BACK ADJACENT TO THE FRONT YARD. AND WE HAVE FOUR FEET ADJACENT TO THE FRONT YARD AND IT DOES SLOPE UP AND IT GETS TO THE CENTER OF THE LOT IT IS CLOSER TO THE FOUR FOOT AGAIN. IF YOU CAN SEE WHERE THAT SIX FOOT CONFLICT IS, THAT IS THE AT THE GATEWAY TO THE HOUSE IN THE FRONT YARD. SO THIS SHOWS -- THIS -- THE PICTURE ON THE RIGHT IS INSIDE THE LOT. THE PICTURE IS ON THE OUTSIDE. SO THE FOUR FEET NEEDS TO BE THERE ARE FOR THE GATE TO GET INTO THE BACKYARD. BUT THAT IS WHERE THE DIFFERENCE IS IN THE WAY THE BUILDING PAD HAD TO COME OUT. AND IT CREATES THAT DIFFERENCE IN THE WALL ON THE OUTSIDE. SO CUTTING DOWN THE WALL TO BE FOUR FEET THERE WOULD -- IT IS NEXT -- IS NOT POSSIBLE AND REALLY -- THEN IN THE BACK IT IS SIMILAR WHERE

[00:10:14]

THE DUNES ARE SLOPING BACK DOWN TOWARDS THE BEACH AND THE LAND IS SLOPING TOWARDS THE DUNES, SHOWING THE 17-FOOT ELEVATION ALONG THE MAIN PART OF THE WALL AND HOW THE LAND SLOPES DOWN AND IT SLOWS FROM THE FOUR FEET TO FIVE FEET. THAT IS WHERE THE TRANSITION COMES IN AGAIN TO GET IT BACK DOWN TO FOUR FEET.

SO WE'VE USED THIS FLAT AND THEN THE TRANSITION ON EITHER END IS BACK TO FOUR FEET. THIS IS THE SAME PICTURE SHOWING THE INSIDE OF THE WALL AND THE OUTSIDE OF THE WALL. ONE OTHER THING THAT WE WANTED TO BRING UP IS THE END OF THE WALKWAY, THE BEACH DO YOU KNOW WHERE THE PUBLIC BEACH ACCESS, IT IS A RAMP UP AND UP AND -- AND WE THOUGHT ABOUT HOW WITH YOU WOULD LIKE TO MAKE THIS SITUATION BETTER. WE WOULD LIKE TO PROPOSE USING LANDSCAPING IN THE AREA, HARDY LANDSCAPING IN THE AREA AND BUILD IT UP TO MEET THE FOUR FOOT STANDARDS.

WE COULD RAISE THE ENTIRE WALKWAY AND TRY MEET THAT AREA A BEACH WALKOVER TO MAKE IT ACCESSIBLE. OUR REQUEST IS TO ALLOW THE WALL REMAIN AS BUILT WITH THE ELEVATION OF 17 FEET AND -- AND OUR OUR -- THE WALL IS NOT CONTRARY WITH PUBLIC INTEREST. IT IS TO THE REQUIREMENT IT IS A BEAUTIFUL WALL. AND WE HAVE SEVERAL NEIGHBORS THAT WRITTEN LETTERS THAT I HOPE YOU HAVE COPIES OF THAT AGREE IT IS A GOOD ADDITION TO THE NEIGHBORHOOD. AND IT ALSO SERVES MANY PURPOSES, WHICH IF YOU HAD TO CUT IT DOWN, IT WOULD CREATE SOME LIFE SAFETY ISSUES. AND ONE OF THE -- THERE ARE NO OBSTRUCTIONS OF VIEW. WHEN YOU GET DOWN TO THE OCEAN FRONT, IT DOES GO BACK DOWN TO THE FOUR FOOT. THANK YOU FOR LETTING US PRESENT THIS. LET ME KNOW IF YOU HAVE ANY QUESTIONS.

>> THANK YOU VERY MUCH. BEFORE I OPEN IT FOR QUESTIONS, LET ME HAVE A FELLOW MEMBERS LET ME KNOW IF THEY VISITED THE SITE

OR SPOKE WITH ANYONE. >> I VISITED THE SITE BUT I DID

NOT CHAT OR SPOKEN WITH ANYONE. >> I DID VISIT THE SITE THIS WEEKEND. I DID NOT SPEAK TO ANYONE. BUT I DID NOTICE OF ELEVATION CHANGES DUE TO THE DUNES THAT YOU ARE SPEAKING OF.

>> I DID VISIT THE SITE. BUT I HAD NO COMMUNICATION WITH

ANYONE. >> I ALSO VISITED THE SITE AND I ALSO HAD NO COMMUNICATION WITH ANYONE. ANY QUESTIONS FROM ANYONE? DO WE HAVE ANY PUBLIC COMMENTS IS IT RELATES TO ITEM ONE? HEARING NONE, I'M GOING TO CLOSE THE PUBLIC COMMENT.

>> FIRST OF ALL, I WOULD LIKE TO STAY THAT NOBODY BUILT THIS WITH THE INTENTION OF THIS HAPPENING.

>> BUT IT ALL STARTED WITH WHEN WE FIRST TOUR THE HOUSE DOWN, WE THOUGHT IT WOULD BE 15 FEET WITH THE FINISHED ELEVATION. IT CAME BACK 16.4, THAT CREATED A LOT OF PROBLEMS THAT WE OVERCAME AND IT CREATED A LOT OF STAIRS. WE CAME UP AND EXTRA FOOT AND A HALF, TO GET THE SAME ELEVATION THREE MORE FEET GOING OUT, AND WHEN YOU TRY TO KEEP YOUR STAIRS WITHIN A CERTAIN FOOTPRINT, IT PRESENTS DIFFICULTIES. THE UPTICK AND

[00:15:04]

WE'LL ADDRESS THAT AND WE'LL ACCOMPLISH THAT. BUT WHAT IT ALSO DOES WITH THE SAME AMOUNT OF STAIRS, WE DID NOT WANT TO CHANGE THE NUMBER OF STAIRS GOING DOWN. IT MEANT THAT EVERYTHING HAD TO COME UP. SO THAT WE WOULD NOT HAVE SO MANY STAIRS TO GET DOWN BACK DOWN TO THE ORIGINAL ONE. WE WERE NOT ALLOWED TO HAVE THE WALKING SURFACE, THE FINAL WALKING SURFACE OF THE NEW HOME THE SAME AS THE WALKING SURFACE OF THE EXISTING HOMES. EVERYTHING HAD TO COME UP. A SIDE NOTE AND MY SUPERINTENDENT AND I WENT ON A MISSION WHEN THIS FIRST CAME UP. WE HAVE THE ABSOLUTE STEEPEST APPROACH FROM THE STREET, THE GARAGE OF ANYBODY ON THE ENTIRE BOULEVARD ASIDE FROM THE PEOPLE ON THE AREA WHAT WE CALL THE BOULEVARD. THE THE -- STEEPEST SLOPE, YOU CANNOT PARK YOUR CART ON THE SLOPE TO GET UP IN THE GARAGE. SO KEEPING THE GARAGE AS LOW AS WE COULD KEEP IT, BASED ON ALL OF THAT AND THE HOUSE -- THE HOUSE AND THE GARAGE ARE FURTHER APART, ABOUT A FOOT AND A HALF FURTHER APART FROM WHERE WE WANTED TO BE. SO THE STAIRS COMING DOWN AND WE ACCOMPLISHED ALL OF THAT, BUT TO GET DOWN TO THE WALKING AREA OR AROUND THE HOUSE, MEANT THAT THE DIRT HAD TO COME UP. HAD WE NOT PUT THE WALL THERE AND JUST PUT A FOUR FOOT FENCE, IT WOULD HAVE LITERALLY BEEN A 45-DEGREE SLOPE OR MORE FROM THE WALKING SURFACE TO THE WALKWAY. AND ON THIS PUBLIC WALKWAY, THIS FENCE TO THE NORTH OF US, ONE FEET, ACTUALLY 24 INCHES, WE PUT A LASER ON IT. 24 INCHES INTO THEIR PROPERTY IN THAT FENCE, THEY ARE 12 INCHES HIGHER THAT WALKWAY. SO THEY'RE SIGNIFICANTLY HIGHER THERE AND ASSISTED THE FENCE. AND IT IS, FOR THE MOST PART, BURIED IN THE DIRT. WHEN WE STARTED THE PROJECT, THE DO YOU DUNE WALKOVER, YOU KNOW HOW THEY BUILD A DUNE WALKOVER, THEY BUT A NEW ONE AND THEY DID A DO YOU KNOW RESTORATION. MOST OF IT GOT BURIED. FAST FORWARD, TWO OR THREE YEARS LATER, THEY JUST BUILT A NEW ONE. SO THERE IS THREE OF THEM STACKED ON TOP OF EACH YEAR. THIS A PAVER WALK WAY THAT IS A TEN INCHES FROM THE PAVER WALK YEAH. I DON'T THINK THAT WAS THERE INTENTION, BUT THE OTHER ONE IS RIGHT UNDER IT AND THEY JUST BUT IT AND THEY COULD NOT GO ANY LOW UNLESS THEY REMOVED THE OTHER ONE. SO ONE FIX. I KNOW THAT YOU TOUCHED ON THAT, ONE FIX IS THAT THE COUNTY ALLOW US UNDER YOUR SUPERVISION WHOEVER WOULD SUPERVISE IT, WE WOULD PAY TO RAISE THE WALKWAY TO MEET IT, TO MEET THE DUNE WALKOVER, WHICH WOULD FIX A LOT OF OUR PROBLEMS. AND WE WOULD PUT THE PAVER WALKWAY BACK DOWN.

OBVIOUSLY THE EASIEST THING TO DO IS JUST ACCEPT THE WALK WHERE IT IS. WE COULD RAISE THE WALKWAY THAT WOULD FIX A LOT OF OTHER PROBLEMS. AND PART OF MY FEAR IS THAT IF WE DON'T GET IT ACCEPTED -- I KNOW MONETARILY THERE IS NO CONSIDERATION. BUT IT WILL BE UPWARDS OF $50,000 TO FIX THE ISSUE, IF WE HAVE TO CAUGHT THE WALL. BECAUSE WE'LL BE LEFT WITH NO WAY TO SATISFY THE POOL AND KEEPING 48 INCHES AND PEOPLE OUT. I LOST MY TRAIN OF THOUGHT. MY FEAR IS THAT NOW THAT WE'VE RAISED THE AWARENESS THAT, YES, THAT WALKWAY IS LOW, IT IS REALLY TOO LOW. I'M NOT JUST SAYING THAT BECAUSE IT WOULD HELP OUR ISSUE. BUT IT IS TOO LOW. AND IF IT WERE DENIED, A YEAR LATER, SIX MONTHS LATER, TWO MONTHS LATER, PEOPLE ARE GOING TO SAY THAT GUY IS RIGHT. YOU NEED TO RAISE IT. SO WE LOWERED THE WALL AND DO WHATEVER WE

[00:20:02]

NEED TO FIX OUR ISSUE AND THEY COME IN AND RAISE THE WALKWAY AND THEN WE'RE SCREWED AGAIN. I WANTED TO LET YOU KNOW THAT NOBODY DID THIS TRYING TO SNEAK ANYTHING BY. I HAD NO IDEA THAT

48 INCHES.. [INAUDIBLE] >> THE SECOND THING IS THEY ARE REALLY HIGH. IF YOU BUILD FOUR FEET INTO THEIR PROPERTY, THE ELEVATION IS ON THE GRASS ELEVATION IS THE SAME

ELEVATION. [INAUDIBLE] >> I GOT A QUESTION.

>> FOR THE STAFF, WE'RE GOING TO ENCOUNTER THIS MORE AND MORE AS THE FEDERAL MANDATE IS TO ELEVATIONS ON THE COASTAL SIDE.

THIS IS JUST THE FIRST TIME OCCURRED. I HAVE NOTICED HOW STEEP THE DRIVEWAY IT IS. AND TO AT THE TIME APPLICANT, CAN YOU GO BACK TO THE PICTURE FROM THE BEACH? THAT ONE. OKAY. I DID NOTICE THAT THE DUNE WALKOVER, YOU GO DOWN AND COME BACK UP, IF YOU DID YOUR SOLUTION, AREN'T YOU GOING TO HAVE A SOLUTION WITH THE 4-FOOT AT THE EDGE FOR THE PROTECTION

OF THE POOL? >> NO. THAT SLOPES DOWN FROM THE WHERE THE WALL IS TO THE CURRENT WALKWAY IT SLOPES DOWN ABOUT SIX INCHES. THAT IS NOT FROM US. THAT IS FROM THE ORIGINAL HOUSE. THAT ELEVATION.

>> THAT END OF THE WALL WILL IS ABOUT A COUPLE FEET BEFORE YOU GET TO IT WILL ACTUAL WALKWAY. [INAUDIBLE]

>> FROM THERE, IT IS ABOUT TWO AND A HALF FEET. WE DUG IT UP TO FIND IT AND THE WALL BUTTS UP AGAINST THE SEAWALL.

>> I AGREE THAT IS A NICE LOOKING WALL THAT YOU BUILT.

>> THANK YOU. >> FROM I PERSPECTIVE, WE DID TAKE EVERYBODY'S VIEW INTO ACCOUNT, THE NEIGHBOR ON THE SOUTH. I ASKED HIM IF WE COULD TRAVERSE HIS PROPERTY. AND LOOKING NORTH, I DIDN'T WANT TO IMPEDE ANY OF HIS ORIGINAL VIEW. HE HAD -- WE HAVE THE SAME WALL ON THE SOUTH SIDE.

THAT IS PERFECTLY FINE. WE DID THIS LITTLE SWEEP TO KEEP THIS

VIEW. >> I JUST HAVE A QUESTION FOR STAN. IF THAT WALKWAY WAS AN ADA WALKWAY IN THE PAST AND IT IS NOT TODAY. IS THERE GOING TO BE AN EFFORT MADE TO BRING IT

BACK TO ADA COMPLIANT? >> I'M NOT A HUNDRED PERCENT SEWER OF SURE OF THE ANSWER. BUT I WOULD IMAGINE, YES, IT

WOULD NEED TO BE ADA COMPLIANT. >> IF THE COUNTY WOULD MAKE IT ADA AND WAYS THE WALKWAY, WE WOULD IS NOT HAVE AN ISSUE UNDER THE PRETENSE OF THIS CONVERSATION?

>> POTENTIALLY. I DON'T KNOW THE WHOLE ENGINEERING BEHIND IT. BUT IF IT WAS JUST THAT LOCATION AND WHERE THE STEPS ARE, THAT STEP UP TO THE BEACH WALKWAY AS IT GOES OVER THE DUNE, I COULD SEE IT MAYBE IN ONE LOCATION. BUT YOU'LL STILL ENCOUNTER THAT ISSUE TO THE FRONT OF IT. TO ME, AND I KNOW THEY HAVE PICTURES OF IT. BUT IT LOOKS ADA COMPLAINT. SO THEY WOULD STILL HAVE A SIX FOOT ELEVATION DIFFERENCE.

>> ON THE FRONT END, NOT THE BOTTOM?

>> YES. IT WILL BE ONE AREA, INSTEAD OF TWO AREAS.

>> THANK YOU. >> CAN I ADDRESS THAT? WE WOULD BE WILLING TO RAISE IT ON THE OTHER END AS WALL, IF THAT WOULD HELP TO BRING THE WALL INTO COMPLIANCE, TO EVEN OUT

THE WALL. >> I DON'T KNOW HOW TO ADDRESS THAT WITHIN THE COUNTY. BUT ANYTIME FAVOR OF SUPPORTING THIS. WHATEVER THE COUNTY AND THE APPLICANT NEED TO DO TO

[00:25:04]

SOLVE THAT, I WOULD LOOK TO BRANDON AND HIS STAFF.

>> SO WE CAN OBVIOUSLY TOUCH BASE. THE PUBLIC WALKWAYS ARE THE CHARGE OF I BELIEVE IT WOULD BE OF OUR -- I'M SORRY.

KRISTIN. >> PARKS AND REC WOULD MANAGE THAT. BUT WHETHER OR NOT YOU WANT TO CONDITION THAT ON THE VARIANT, THAT IS UP TO YOU. I THINK YOU HAVE A LOT TO WORK

WITH, TO BE HONEST. >> ON THE HOUSE SIDE OF THE WALL, DOES THE ELEVATION EVER EXCEED 4 FEET OR DOES 4 FEET ALL LONG? WHAT IS THE LENGTH OF THE PORTION THAT IS NOT FOUR FEET. SO YOU HAVE TWO NONCOMPLIANT SECTIONS, ONE IN THE FRONT AND ONE IN THE BACK. WHAT ARE THOSE? I DIDN'T TAKE

A TAPE TO. >> I DON'T KNOW THE EXACT LENGTH. BUT TO BACK UP A MINUTE. THERE IS NO WAY TO HAVE THE COUNTY SIDE OF THE WALL BE A CONTINUOUS FOUR FEET. THERE IS NO WAY. IT GOES LIKE THIS. WE CAN FLATTEN IT OUT AND RAISE -- IF WE RAISE AT THE DO YOU KNOW WALKOVER, ROUGHLY TEN INCHES, IT WILL BE MY SUGGESTION THAT WE TAKE THAT ELEVATION AND GO STRAIGHT FLAT OUT. I KNOW YOU UNDERSTAND THIS. OUR WALL IS LEVEL. MULTIPLE LOCATIONS ALONG THE WALL, IS NOT FOUR FEET. RAISING IT TEN INCHES ALONG THE WAY THERE, IS STILL A GOOD PORTION OF THE WALL THAT IS NOT FOUR FEET BECAUSE IT WILL STILL GO LIKE THIS A LITTLE BIT. THERE IS NO WAY TO MAKE THE PUB LIKE SIDE COMPLETELY LEVEL. THERE IS A WAY TO MAKE THE PAVER WALKWAY NOT AT THE BOTTOM OF BEAM.

PAVER WALKWAY AT THE BOTTOM OF THE B, GUESS WHAT? IT IS FULL OF SAND ALL THE TIME. THAT IS NOT -- OBVIOUSLY THE ADA PEOPLE HAVE TO DEAL WITH THE SAME WAY TO GET TO THE BEACH. THE ONLY WAY TO KEEP THE SAND OFF THE PAVER WALKWAY IS TO RAISE EVERYTHING TO MAKE IT THE SAND CANNOT ACCUMULATE THERE. FROM THE PERCENTAGE OF THE HEIGHT OF THE WALL? I WOULD SAY 50% OF IT

IS CURRENTLY MORE THAN 4 FEET. >> I GOT TO PACE IT OFF IN THE FRONT. I MEASURED AND PASTED ABOUT 12 TO 14 FEET AND THE REAR IN THE SAME RANGE. IT IS A LOT LESS THAN 50%. YOU'RE HURTING YOUR CASE SPACE IT IS 50%. BUT IT IS IN A VERY SMALL RANGE. SOME WHEN THE GENTLEMAN -- I DON'T KNOW WHO TURNED US IN OR IT SOUNDS LIKE WESTERN TRYING TO GET AWAY WITH SOMETHING WHEN I SAID TURNED THIS IN. BUT THE GENTLEMAN THAT BROUGHT THIS TO THE COUNTY'S ATTENTION, WHEN HE MEASURED IT ELECTRONIC THE SUBCONTRACTOR THAT WAS SUCK -- STUCCOING THE WALL, WE DUGOUT ROUGHLY SIX INCHES A FOOT SO WE CAN STUCCO THE DIRT AND BUSH THE DIRT BACK SO YOU DON'T SEE THE BOTTOM OF THE STUCCO. AND HE MEASURED WHEN THEY JUST FINISHED THE STUCCOING. I DON'T KNOW WHERE HE MEASURED. THE WHOLE WALL WAS DUGOUT. SO THESE PICTURES WERE AFTER THAT.

>> DO YOU KNOW HOW LONG THE WALL IS AT ELEVATION 17? DO YOU

KNOW THE TOTAL LENGTH OF THAT? >> THE TOP OF THAT IS ELEVATION

17. >> HOW LONG IS THAT?

>> 80 FEET. >> QUESTIONS FOR THE STAFF. WHO IS RESPONSIBLE FOR LANDSCAPING AND MAINTENANCE AT BEACH ACCESS? WE HAVE THE BUSHES ON THE OTHER SIDE. WHOM IS ACTUAL

RESPONSIBILITY ARE THOSE? >> WE TALKED ABOUT IT PREVIOUSLY, MAYBE PARKS AND RECS RESPONSIBILITY TO MAIN TAKE THE BEACH ACCESS WALKOVERS. ARE YOU TALKING

[00:30:01]

AFTER YOU GET PAST WHERE THE WALKOVER STARTS OVER THE DUNE

OR JUST THAT WHOLE AREA? >> CORRECT FROM THE PVB BACK.

>> SO IT WOULD BE PARKS AND REC. THAT WAS GOING TO BE ONE OF MY POINT TO POINT OUT, IF WE DID THE SOLUTION WHERE WE FILLED IN THE AREA, I DON'T KNOW WHOSE CHARGE IT IS TO MAINTAIN THAT AREA THAT WALK OVER.

>> ONE MORE QUESTION FOR YOU. CAN A FENCE BE MADE OF BLOCK? AT WHAT POINT DOES IT BECOME A WALL AND STRUCTURE OR FENCE?

>> IT CAN BE MADE OF CONCRETE OR BLOCK. IN THIS INSTANCE, IT IS A RETAINING WALL BECAUSE IT IS HOLDING BACK URBAN FORCES.

IT IS A RETAINING WALL, NOT A FENCE, IN THIS INSTANCE.

>> THANK YOU VERY MUCH. >> COMMENTS?

>> THIS BRINGS UP A POINT THAT I'VE MADE OVER YEARS. WE HAVE A REQUIREMENT THAT POOL FENCES HAVE TO BE OVER FOUR FEET TALL AND WE HAVE A REQUIREMENT NO FENCES OVER FOUR FEET TALL. SO IT IS HARD TO BUILD SOMETHING THAT MEETS BOTH REQUIREMENTS. I WOULD RATHER BE SAFE ON THE POOL SIDE TO MAKE SURE THAT PEOPLE DON'T GET IN ON THE SIDE OF HAVING A FENCE OR A PORTION OF IT BEING SIX FEET TALL. THAT IS SOMETHING THAT WE HAVE TO FIGURE OUT TO RESOLVE THAT.

>> JUST GIVING MY PERSPECTIVE, GIVEN THE UNIQUE NATURE OF YOUR LOT AND THE COASTAL CONSTRUCTION GUIDELINES SET FORTH BY DEP AND AS WELL AS THE REASONS THAT YOU LAID OUT IN YOUR APPLICATIONS FOR SAFETY, PRIVACY, ET CETERA, I'M GOING TO MAKE A MOTIONING TO APPROVE PVZVAR202401 RESIDENTS BASED ON THE FIVE CONDITIONS AND FOUR FINDINGS OF FACT PROVIDING IN

[2. PVZVAR 2023-14 40 Phillips Ave. Request for a zoning Variance to Section VIII.M of the Ponte Vedra Zoning District Regulations to allow for a maximum Impervious Surface Ratio (ISR) of 44% in lieu of the required 40%, located specifically at 40 Phillips Ave.]

THE STAFF REPORT. >> SECOND.

>> DOES THE COMPUTER WORK TODAY? WITH THE 4-0 VOTE, THE

VOTE CARRIES. >> THANK YOU.

>> WE'LL GO AHEAD AND HAVE POLITIC TAP APPLICANT COME UP FOR ITEM NUMBER 2. WHILE THEY'RE COMING UP. WE'LL LOOK AT IF WE VISITED THE SITE AND WHO WE TALKED TO ABOUT THE PROJECT. I DID DRIVE BY THE SITE AND I DID NOT CHAT WITH

ANYONE. >> ON THIS TOPIC, I HAVE NOT VISITED THE SITE. HOWEVER, I'VE BEEN ON THE STREET AND VISITED THE SITE IN PRIOR INSTANCES. I DID SPEAK WITH THE NEIGHBOR, MR. PALINCO, REGARDING THE VARIANCES ON PHILLIPS AVENUE., AND THOSE IN THE PAST. THAT IS MY COMMUNICATION WITH THE

APPLICANT. >> I'VE HAD NO CONTACT. AND I

DID DRIVE BY. >> THE SAME. I DROVE BY AN DID NOT GO IN THE BACKYARD AND DID NOT SPEAK WITH ANYONE.

>> I'M DAVIS WALLACE, 3040 PHILLIPS AVENUE. FIRST WANT TO SAY YOU THANK YOU FOR HEARING OUR REQUEST. I KNOW THERE IS NOT JUST A SHOW UP AND MAKE A VOTE THERE. IS PREPARATION FOR THAT. THANK YOU FOR THAT WE'RE GRATEFUL TO LIVE IN THE CB PARK AREA, SPECIFICALLY PHILLIPS AVENUE. WE WOULD NEVER DO ANYTHING TO JEOPARDIZE THE INTEGRITY OF THE STREET OR THE HOME SITES OR THE VALUE OF THE HOME SITES OR ANYTHING LIKE THAT OUR REQUEST TO INCREASE OUR LOT COVERAGE FROM 44 -- FROM 40 TO 44 PERCENT. WE FEEL IS NOT ONLY IN LINE WITH THREE PRIOR APPEARANCES THAT WERE GRANTED, BUT NO WAY JEOPARDIZE

[00:35:05]

THE STREET OR ANY ISSUES COMING FROM OUR INCREASED LOT COVERAGE. WE ARE HOPING TO, IF ANYTHING, TO INCREASE THE VALUE. THE WIFE AND I HAVE TWO YOUNG CHILDREN. AND WE PLAN TO LIVE HERE FOR A VERY LONG TIME. WE LOVE TO HAVE A PLACE AND A HOME WHERE THEY CAN INVITE THEIR FRIENDS OVER AND SPEND THE DAY, ESPECIALLY THE SUMMER DAYS AT OUR HOUSE. I'M HAPPY TO ANSWER ANY QUESTIONS. IF I DON'T KNOW THE SPECIFIC ANSWERS, I HAVE RICHARD OSTEEN, WHO IS OUR PROJECT MANAGER, AND HE COULD GIVE YOU A LITTLE MORE INSIGHT IN SOME OF THE DETAILS

OF IT. >> I DO HAVE A QUESTION FOR STAFF. I BELIEVE READING THE STAFF REPORT THERE HAVE BEEN SEVERAL APPLICATIONS FOR INCREASING THE SURFACE OVER THE 40 PERCENT. DO YOU HAPPEN TO HAVE -- I BELIEVE BE THERE IS THREE APPROVALS OVER THE LAST 7 YEARS. IS THAT CORRECT?

>> I BELIEE -- TO THE BOARD, YES, I BELIEVE THERE HAS BEEN -- BY MY COUNT THERE WERE FOUR APPLICATIONS THAT WERE APPLIED FOUR. UP WITH AT 44 PHILLIPS, ONE AT 49 PHILLIPS, ONE AT 53 PHILLIPS AND ONE 36 PHILLIPS AVENUE. TWO WERE UTILIZED. ONE AT 36 AND ONE AT 44. 49 PHILLIPS WITHDREW THEIR APPLICATION. AND THE REASON BEING FOR THAT ONE, THEY WERE ABLE TO UTILIZE A PAVER TO OFFSET THEIR DRIVEWAY PREVIOUSLY. THEY WE WERE ABLE TO USE THE PAVER AND ACCOMMODATE THAT EXTRA SQUARE FOOTAGE. AND I BELIEVE IT WAS ALSO FOR A POOL. AND 53 HAD AN APPROVED VARIANCE. MUCH THEY INITIALLY ASKED FOR 49% AND DURING DISCUSSION WITH THE BOARD, THEY WERE ABLE TO, I GUESS, TALK IT DOWN TO 45%. BUT WITH THE POOL DESIGN THEY HAD INITIALLY, THEY OPTED FOR A DIFFERENT POOL. SO THEY ENDED UP UTILIZING .2% OVER AND WENT TO 45% OTHER THAN THE 42% THAT WAS INITIALLY APPROVED.

>> THE NEIGHBORS ON THE EAST SIDE AND WEST SIDE HAVE APPLIED FOREVER VARIANCES?, DO YOU KNOW?

>> NOT THAT I'M AWARE OF. THE IMMEDIATE NEIGHBORS?

>> TWO DOWN AND TWO DOWN TO THE WEST.

>> OH, YES, TWO DOWN. >> BOTH EAST AND WEST.

>> CORRECT. >> THANK YOU.

>> IF IT HELPS THE BOARD. THEIR PROPERTY DIRECTLY TO THE, IF I'M LOOKING AT IT FROM THE STREET SIDE. THAT BUILDING IS A NEW CONSTRUCTION CURRENTLY, NO HOMES ARE THERE CURRENTLY. BUT ON THE STAFF REPORT ON PAGE 8, I BELIEVE, I HAVE A MAP HIGHLIGHTING THOSE THAT ARE HIGHLIGHTED IN YELLOW. I APOLOGIZE, I HAVE NOT LABELED WHICH ONE IS WHICH. BUT 40 IS THEIR ADDRESS, THE APPLICANT'S ADDRESS. IF YOU LOOK AT THE BOTTOM ROW, IS IN THE MIDDLE OF THOSE THREE. THING THAT DESCRIBES WHAT YOU'RE TALKING ABOUT, MR. GREENE.

>> WHAT IS OUR MINIMUM LOT SIZE THAT WE ARE NOW ALLOWING?

>> IT DEPENDS ON THE ZONING. DEPENDING, IN THIS AREA IT IS ZONES R1D AS IN DAVID. THE MINIMUM LOT SIDE IN R1D IS 7,101 SQUARE FEET. THEY ARE PLOTTED LOTS OF RECORD AND THEY HAVE DEVELOPMENT RIGHTS TO BE DEVELOPED WITH DIMENSIONS THAT MAY NOT MEET THE STANDARD DOLLARS FROM THE ZONING

DISTRICT AND THE REGULATIONS. >> IT IS HARD TO PICTURE WHEN THE LOT IS THAT SMALL WHAT 3 OR 4% IS. IT IS LIKE 30, 40 SQUARE

[00:40:02]

FEET THAT THEY ARE ADDING, WHICH IS NOT THAT MUCH.

>> YES. >> THANK YOU.

>> DO WE HAVE ANY COMMENTS FROM COMMUNITY? IF YOU'LL GIVE

YOUR NAME AND ADDRESS. >> I'M CHRIS PLANICO. 44 PHILLIPS AVENUE. I'M TWO HOUSES WEST TO THE WALLACE RESIDENTS. I APPLIED FOR AND GRANTED A VARIANCE TO 44% TO OF COURSE DATE A CONSTRUCTION OF A POOL AND WE HAVE IMMEDIATELY CONSTRUCT AND ENJOYED FOR TWO NOVEMBER YEARS NOW. OUR POOL CONSTRUCTION HAD NO NEGATIVE IMPACT ON OUR LOT, DRAINAGE. IT ALLOWED US TO PROBABLY FIX SOME OF THE DRAINAGE THAT IS THAT WAS IN PLACE. AND IT WAS A GREAT IMPROVEMENT ON OUR LOT AND I'M SURE IT WILL BE FOR THEM AS WELL.

>> THANK YOU VERY MUCH. >> WE HAVE A LETTER FROM.

CONCERNED CITIZEN. DOES THAT NEED TO BE READ IN? THE E-MAIL

IS ON RECORD. >> THAT IS FOR YOUR INFORMATION. YOU DO NOT NEED TO READ IT INTO THE RECORD. IT IS

ALREADY PART OF THE RECORD. >> THANK YOU.

>> BRANDON CAN YOU TALK TO US ABOUT SOME OF THE CHALLENGES OF DRAINAGE ON THAT STREET? ARE YOU RECEIVED ANY -- BESIDES THE LETTER IN THE PACKET, ANY OTHER COMMENTS?

>> SURE SO PHILLIPS AVENUE IN THAT AREA, I KNOW WE'VE HAD A NUMBER OF COMPLAINT CASES DEALING CAN THE DRAINAGE. I ASKED ONE OF OUR ENGINEERS TO BE HERE. HE MAY BE ABLE TO TOUCH A LITTLE MORE ON THAT FOR YOU GUYS.

>> GOOD AFTERNOON. I'M WITH THE TRANSPORTATION DEVELOPMENT POSITION. THIS AREA IS INDICATIVE IN ST. JOHNS COUNTY.

IT IS A PRODUCT OF HAVING PLATS THAT ARE OF A CERTAIN AGE BEFORE WE STARTED REQUIRING ENGINEERING. SO YOU HAVE THESE HOMES BEING BUILT AT DIFFERENT PERIODS THROUGHOUT THE DECADES WITH KNOW COHESIVE DRAINAGE SYSTEM IN PLACE. SOME DRAIN FORWARD TO THE ROADS. SOME SPLIT IT, WHAT WE CALL A B LOT.

THEY GO BACK AND FORWARD. WHEN YOU GO BACK, AND YOU HAVE OTHER PROPERTIES BEHIND YOU, YOU DON'T HAVE A DRAINAGE. I

INDISCERNIBLE ] >> THERE ARE SOME PROPERTIES LIKE SOLANA ROAD. THEY HAVE HAD SOME PROBLEMS OVER THE YEARS.

I'VE BEEN DOING THIS FOR 17 YEARS FOR THE COUNTY AND THERE HAVE BEEN SOMEONE PROBLEMS. U.N. UNFORTUNATELY, WITH THE EXISTING ENTITLEMENTS, IT IS STILL CHALLENGE. WE DON'T WANT BRICK PAVERS THAT DON'T ALLOW ANY PERCOLATION. THEY HAVE DONE FRENCH DRAIN SYSTEMS AND SOME PUT GUTTERS ON THEIR ROOTED.

AND IT WOULD MOST LIKELY BE A BOTTS. ANYTHING TO MITIGATE THE WATER FROM GOING TO THE REAR AND SOME ON THE NORTH END OF PHILLIPS. WE HAD A COUPLE OF COMPLAINT THERE OVER THE YEARS.

BUT THE MAJORITY OF THE ONES THAT WE RECEIVED IN THE AREA ARE PRETTY MUCH ON THE NORTH SIDE OF SOLANA THAT BACK UP TO

THE PHILLIPS' HOMES. >> I HAVE A QUESTION FOR YOU.

OF COURSE FOR COMMERCIAL, YOU HAVE UNDERGROUND SYMPTOMS. A FRENCH DRAIN WOULD BE GOOD FOR A HOME. IS THERE A MITIGATION

LIKE THAT YOU'RE AWARE OF? >> IT IS A PRODUCT THAT WE SEE MORE IN THE WEST AUGUSTINE AREA WHERE WE HAVE DONE SLIGHT DEPRESSIONS IN THE YARDS TO CREATE AND ONSITE RESENTENCES.

IT -- IT IS ALL TRYING TO GET TO WET WOOD. UP THERE, YOU'RE

[00:45:04]

CHALLENGED. ALL YOU REALLY GOT, IS THE ROAD THAT FRONTS THE PROPERTY. THERE IS NO FACILITY THERE. SOME PEOPLE HAVE PUT IN THEIR OWN LAWN DRAINS AND SOME WITH PUMPS. THEY HAVE BEEN MET WITH VARYING DEGREES OF EFFECTIVENESS. FRENCH DRAINS WOULD WORK. BUT THEY DO NOT STORE UPGROWN CHAMBER. WE DON'T TYPICALLY WILL SEE THEM ON RESIDENTIAL PROPERTIES. IT WILL HELP DISPERSE IT FROM SURFACE TO GROUND. BUT WE HAVE NOT SEEN A LARGE CONTINGENT OF THE THEM FOR THE STORAGE FOR THEM. THOSE ARE NOT ALL RECOMMENDED. THEY ARE LIKE A LAST RESORT SORT OF THING. YOU THINK STORE RATH ON STORAGE RESIDENTIAL LOT, YOU THINK MOSS KEY MOSCOW MOSS KEY TOES. -- EVEN WITH THE EXISTING ENTITLEMENTS, IT WILL BE CHALLENGING. IF WE'RE LOOKING LIKE A VARIANCE, ANYTHING THEY COULD DO TO HELP MITIGATE A POTENTIAL IMPACT IS A PLUS.

LIKE GUTTERING THE HOMES SENDING ALL THE WATER TO

PHILLIPS, SOMETHING LIKE THAT. >> I HAVE A QUESTION FOR YOU.

SO IF THE YARD HAD ABILITY TO STORE A FAIR AMOUNT OF WATER, WE COULD RELAX THE 40%. SO A RETENTION POND WILL BE AN IDEAL THING IN THE LOT? SO THE AVERAGE RESIDENTIAL POOL HAS ANYWHERE FROM THREE TO EIGHT INCHES OF FREE BOARD BEFORE IT OVERFLOWS. I BROUGHT THIS UP BEFORE AND EVERYONE LAUGHS AT ME. I STILL THAT I SWIMMING POOLS SHOULD BE CONSIDERED A RETENTION POND AND ALLOW A LITTLE BENDING OF THE RULES TO ALLOW A SWIMMING POOL. HAVE YOU AFTER THOUGHT OF THAT?

>> I HAVE NOT, MAYBE ON THE SIDE. THERE IS NOTHING REALLY IN OUR POLICY THAT I'VE EVER HEARD ANYONE TALKING ABOUT

THAT. >> I THING I'M THE ONLY ONE THINKING OF IT AS A RETENTION POND.

>> YOU DO. >> BUT YOU DO HAVE THE COMPLICATION OF ADDING NEW WATER TO THE POOL AND YOUR

CHEMICAL BALANCE IS OFF. >> BUT YOU'RE STORING A LOT OF WATER THAT ARE IS NOT GOING INTO THE STREET OR IN THE

BACKYARD. >> THAT IS TRUE. FROM THE IN

THE GROUND OR THE STREET. >> THE IT COULD GET A LITTLE

GREEN. BUT THAT IS ALREADY. >> THERE IS SOME VOLUNTARY VELOCITITY IS POOL. THE ONLY WATER GETTING INTO THE POOL IS HITTING THE WATER ALREADY. TRYING TO -- THAT WOULD BE AN INTERESTING QUESTION. IT HAS NOT BEEN PROFFERED THAT I'M AWARE OF IN THE BUILDING DEPARTMENT. THAT WOULD BE A NEW

ONE. >> THAT IS GOOD ENOUGH. THANK

YOU. >> I LOOKED AT THE PREVIOUSLY VARIANCES AND WENT BACK TO THE VIDEOS TO WATCH THEM. I SAW THAT YOU HAD THE STATEMENT BEFORE. SO I LOOKED ITEM.

ACCORDING TO THE NNOA AND SOCIETY, HAVING A POOL INCREASING THE RISK OF FLOODING. MY BIGGEST CONCERN IS THE MSD JUST GRANTED $79,000 TOWARDS THE FEASIBLE STUDY FOR THE DRAINAGE FOR THAT AREA. THAT AREA HAS A HUGE PROBLEM WITH DRAINAGE AND IT IS GETTING WORSE WITH THE NEWER LOTS BEING HIGHER AND THE OLDER LOTS BE LOWER. THE PREVIOUS VARIANCES THAT WERE GRANTED, THE LAST ONE WAS GRANTED -- THE ONE PRIOR TO THAT WAS UTILIZED. THE ONE THAT WAS GRANTED, IT WAS NEW CONSTRUCTION, THE HOUSE AND THE POOL AT THE SAME TIME. IT HAD

[00:50:03]

TO BE HIGHER. AND JACK POPE HAD ORIGINALLY APPROVED A PRESITE SURVEY PLAN. AND THEN PRIOR TO THEM PERMITTING, HE RETIRED. SO HE HAD A CALCULATION THAT HE WAS USING WHERE HE CONSIDERED SOME PAVERS -- HE WAS GIVING CREDIT AND DOESN'T UNDERSTAND THE CALCULATION FOR THAT HERE IS WHERE I HAVE A PROBLEM.

THERE ARE SEVERAL HOUSES IN THE NEIGHBOR THAT HAVE POOLS, YES.

BUT THERE ARE A BUNCH OF NEIGHBORS THAT DON'T. IF WE BEGIN INCREASING THE RATIO FOR HERE WITHOUT A HARDSHIP -- I DON'T SEE A HARDSHIP ON THIS, YOU COULD MAKE YOUR PATIO SMALLER AND MAKE THE POOL SMALLER. THERE ARE WAYS THAT YOU COULD BUILD THE PROJECT THAT YOU WANTED AND STILL HAVE THE BACKYARD YOU WANT WITHOUT HAVING TO GO THAT 336 SQUARE FEET OVER. SO I GUESS MY CONCERN IF WE APPROVE THIS, ARE WE SETTING A PRECEDENT? EVERYONE IS GOING TO COME AND SAY THAT YOU APPROVED THE LAST FOUR. BEFORE YOU KNOW IT, YOU HAVE AN AREA WITH A DRAINAGE PROBLEM, A MAJOR DRAINAGE PROBLEM THAT NOW HAS REDUCED SURFACE RATIOS.

>> I DO SEE WHERE YOU'RE COMING FROM BY CREATING A DRAINAGE PROBLEM BY APPROVING A SURFACE RATIO I DO, THOUGH, SEE THAT HOW CAN A MEMBER OF OUR COMMUNITY WHO LIVES ON A CERTAIN STREET HAVE THE SAME LOT SIZE, HAS THE SAME INTENDED USE OF A POOL TO A POOL AND HOW THIS BOARD HAS HISTORICALLY GIVEN SOME TREATMENT TO UP WITH AND NOT THE OTHER. I'VE ONLY BEEN ON THE BOARD FOR TO TWO YEARS. AND MR. PATTON HAS BEEN ON IS A LOT LONGER. AND HAVING THOSE CONVERSATIONS ON A BOARD TO GRANT A NEIGHBOR OR NEIGHBORS THE RIGHT TO DO SOMETHING AND THEN COMING TO THE BOARD AND HAVING NO RIGHT TO DO IT. I DO HAVE A QUESTION REGARDING DRAINAGE. MR. OSTEEN CAN TALK. YOU'RE GOING FROM 15 FEET DOWN TO 13 AND A HALF FEET. IS THAT CORRECT, TO THE ROAD FROM THE BACK OF THE LOT?

>> YES. ON BEHIND THE POOL, IT WILL BE 12. THAT IS WHAT

ENGINEER SAID. >> CAN YOU SPEAK TO THAT

PROCESS? >> SAY THAT AGAIN.

>> CAN YOU SPEAK ABOUT THAT PROCESS OF HAVING THE SWELL TO

THE ROAD. >> NOT TO RUN THE WATER TO THE SOUTH OF THE HOUSE BEHIND US, YOU CAN SEA LIONS FROM WHERE THE POOL IS AND THE PAVERS ARE THAT RUN THE WATER IN A SWELL TO THAT CORNER. THEY'LL RUN SWELLS OUT TO THE ROAD. THIS WAS ALL DRESSED WHEN THEY BUILT THE HOUSE IN 2012. WASN'T IT? YES. DID WAS RAISED. WE DID NOT IS THE ISSUE THAT PEOPLE ARE HAVING IN THE OLDER PROBLEMS. AND WITH ADDRESSED THE ISSUE.

AND THE NEIGHBOR BEHIND US HAS A POSSIBLE SWELL. SO HE HAS A POSSIBLE SWELL. THEY JUST STARTED CONSTRUCTION. AND WE KNOW THEY'RE GOING TO HAVE THE RIGHT TO MOVE. IT IS A NEW PERMIT. IS NOT AN OLE HOUSE. THAT IS WHERE THE ISSUES ARE

COMING FROM. >> IT'S BEEN A MINUTE SINCE I'VE DONE RESIDENTIAL DRAINAGE. WHAT IS THE FALL REQUIRED? IS IT .4 AND 1? WHAT IS SLOPE REQUIRED TO GET THE

WATER OUT OF THE GRASS? >> TO BE HONEST, I DON'T KNOW.

WE HAD THE ENGINEER DO IT. WE HAD THEIR WORDS.

>> ARE YOU TALKING ABOUT THE YARD DRAINAGE? IT IS A MINIMUM 1%. USUALLY AWAY FROM THE HOUSE, YOU WANT 6 INCHES OF FALL IN THE FIRST TEN FEET. IT CAN BE A LITTLE DIFFERENT BECAUSE THEY CAN PRORATE IT. BUT A STANDARD YARD RAIN DAMAGE

[00:55:10]

IS 1%, AT A MINIMUM. >> I HAVE ANOTHER QUESTION. THE PLANS SHOW THAT THE DRIVEWAY IS GOING TO BE PAVERS. THE

EXISTING DRIVE IS NOT. >> SOME OF IT IS.

>> SOME OF IT IS. SOME OF IS CONCRETE THAT WE'LL PULL UP.

ABOUT HALF AND HALF. >> ABOUT 50% IS CONCRETE.

>> WE'LL PULL IT ALL UP AND REDO IT WHEN WE DO IT.

>> OKAY. THANK YOU. >> MR. CHAIR, IF I COULD, I WOULD LIKE TO ADDRESS THE ISSUE OF IF GRANTING VARIANCES TO OTHER HOMES ON THE SAME STREET SETS A PRECEDENT AND REQUIRES ORIENT OR ENTITLES EACH OTHER THE VARIANCE? IT DOES NOT. EACH REQUEST STAND ON ITS OWN AND OWN VARIANT. YOU'RE NOT REQUIRED TO GRANT A VARIANT THAT HAS BEEN GRANTED OR A SIMILAR VARIANCE THAT HAS BEEN GRANTED TO OTHERS. YOU NEED TO LOOK AT EACH INDIVIDUAL VARIANT IN AND OF IT SELF THE BASIC OF A VARIANT, IS THAT IT WILL NOT ONE A DETRIMENT TO THE

PUBLICLY. >> IF I LOOK AT THIS FROM THE PERSPECTIVE OF A HARDSHIP, HARDSHIP THAT LAST IS TOO SMALL OR THE HOUSE IS TOO BIG. HAVING A HARD TIME SEEING A HARDSHIP

FOR THIS ONE . >> WE KNOW THAT WE CAN ADD THE PORCH AND NOT ADD THE PERCENTAGE. IF WE DID NOT DO THEM BOTH AT ONCE, WE'LL BE GOING THROUGH THE BACKYARD AND TAKING FENCES DOWN AND WHATEVER. SO WE CAN GO IN THERE AND DO THE PORCH. BUT THEY WILL WE'LL COME PUT IN A POOL. THEY WOULD LIKE A POOL. THEY'RE A YOUNG FAMILY. IT IS NOTHING UNUSUAL OUT THERE. I AGREE. THAT IS OUR REASONING AS FAR AS TRYING TO DO THEM AT THE SAME. WE LIKE TO DO THEM AT THE SAME TIME AND GET IT OVER WITH AND HAVE ACCESS TO THE HOUSE TO THE RIGHT. AND IT WILL BE GETTING THE CAR OFF THE ROAD

AND BE ABLE TO USE THAT LOT. >> MR. CHAIR, I'M GOING TO MAKE A MOTION TO ATROUGH 20231440 PHILLIP AVENUE AND THE FACTS PROVIDE IN THE AND A HALF REPORT.

>> HANG ON A SECOND. BEFORE WE DO THAT, IF WE PUT IN A DRAPE TO MAKE SURE THAT THE WATER WENT TO THE STREET, WOULD THAT CHANGE ANYTHING AS FAR AS THE BOARD IS CONCERNED?

>> WE'RE MORE THAN HAPPY TO DO THAT ALSO. WE'LL DO THAT WAY WITH THE -- ANYWAY WITH THE GUTTER.

>> SO THE GUTTERS EVER PIPED TO THE STREET ?

>> I DON'T SEE ANY GUTTERS IN THE PICTURE.

>> CAN I ASK, MR. CHAIR, YOU MENTIONED FRENCH DRAINS. IS THERE ANYTHING MORE PARTICULAR THAT YOU WANT TO DISCUSS ABOUT THAT, IF THESE ARE ADDITIONAL COMPANIES TO A VARIANCE SHOULD THE BOARD GRANT IT? WE WANT TO MAKE SURE THAT WE'RE CLEAR IN

THAT OFFERED. >> I THINK IT WILL MAKE A BIG

[01:00:02]

DIFFERENCE IN ME TO MAKE SURE THAT WE SEE THE THE WATER GETTING OUT OF THE BACKYARD, GIVEN THE ISSUES THAT WE HAVE IN THE AREA, IF WE WERE TO PIPE FROM THE AS WELL AS THAT YOU HAD IN THE BACK AND CARRY THAT ALL WAY TO THE FRONT AND TIE THAT IN THE GUTTER SYMPTOM, WE'RE MAKING SURE THAT ALL THE WATER LEAVE THING IS LEAVE THE SIGHT AS FAST AS HUMAN POSSIBLE. I THINK THAT WILL MAKE A DIFFERENCE FOR ME. I DON'T KNOW IF EVERYBODY FEELS THAT WAY.

>> LOOKING AT THE PICKS, THERE ARE NO GUTTERS ON THE HOUSE

CURRENTLY. >> WE HAVE GUTTERS. THEY HAVE GUTTERS, WHATEVER REASON THE DOWNSPOUTS ARE THE TWO FRONT CORNERS ARE NOT THERE. BUT YOU HAVE TO PUT YOUR DOWNSPOUTS IN AND TIE THEM. ONE OTHER COMMENT LIVE UNWILLING LIVING NEIGHBORHOOD AND LIVING THERE FOR 12 YEAR. OUR NEIGHBORHOOD DRAINS EXTREMELY WELL. YOU CAN HAVE A HURRICANE COME THROUGH THERE AND, IT DRAINS IN SIX HOUR. THE ONLY ISSUES ARE WHERE LOTS ARE NOT GRADED APPROPRIATELY TO DRAIN TO THE STREET. AND KNOWING THE WALLACE'S HOUSE, IT DRAINS BACK TO FRONT. OUR DOES THE ONE AND THE ONE IN BETWEEN. SO I WOULD SUGGEST THAT ADDING THE POOL IS NOT GOING TO CHANGE THE DRAINAGE ON THEIR LOT AT ALL. IT ALREADY DRAINS TO THE FRONT AND IT WILL CONTINUE. WITH THE CONSTRUCTION OF OUR POOL, WE DID PUT IN YARD DRAINS IN AND TIDE TO THE STREET. IT WAS VERY HELPFUL. SO I SUGGEST ADDING THAT IS A GOOD IMPROVEMENT AS

WELL. >> EITHER ONE OF YOU CAN ANSWER THIS. ISN'T THERE A DRAIN THAT RUNS THROUGH YARD OF PHILLIPS?

>> YOU MEAN THE OVERALL DRAINAGE SYSTEM?

>> NO. THE LAST TIME I WENT OVER THERE, ON THE SOUTH SITE OF THE STRESS RUNNING EAST TO WEST. THERE IS A HISTORY.

>> THE MAJORITY OF THE DRAINAGE SYSTEM IS AND DITCH, RUNNING

THE FRONT YARD OF THE STREET. >> PORTIONS ARE CONVEYANCES.

BUT THE MAJORITY IT IS AND DITCH.

>> SO IT DOESN'T REALLY MAKE IT TO THE ROAD?

>> NO, NO. IT GOES RIGHT INTO THE DITCH.

>> IF I REVISED MY MOTION AND COUPLED IT WITH -- I GUESS YOU

CAN PUT A FRENCH DRAIN. >> AN AREA DRAIN, NOT A FRENCH DRAIN, A YARD DRAIN. I WOULD STIPULATE THAT YOU TWO YARD DRAINS ADJACENT TO THE POOL AND DOWN SPOTS BE ADDED.

>> I'M GOING TO WITHDRAWL MY MOTION.

>>I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE 23 -- 23 -- 44

[PVZAB Meeting Minutes for Board Approval: 04/01/24]

PHILLIPS AVENUE AND TWO DRAINAGES TO THE POOL AND THAT THE HOUSE BE GUTTERED AND THE DOWN SPOTS BE CONNECTED TO THE PIPES THAT GO TO THE STREET PROVIDING BETTER DRAINAGE THAT

WOULD HAVE BEEN THERE NORMALLY. >> I HAVE A MOTION. DO I HAVE A

SEND? >> SECOND.

>> THE MOTION CARRIES 4-0. >> MINUTE LET'S PROVE THE MINUTE. FOR ITEM NUMBER THREE, WE NEED TO APPROVE THE MINUTES.

DOES ANYBODY HAVE ANY COMMENTS ON THE MINUTE FROM LAST WEEK?

[Staff Report]

[01:05:02]

>> HEARING NONE -- >> I MAKE A MOTION TO APPROVE THE MINUTE FROM THE LAST MINUTE.

>> SECOND. >> AND DO A VOICE VOTE, I

GUESS. I. >> I APPROVE IT.

>> OKAY. THE MOTION CARRIES 4-0. DO WE HAVE ANY OTHER BUSINESS BEFORE THE BOARD OR ANY COMMENTS FROM THE BOARD

MEMBERS OR STAFF? >> YES. TO MR. CHAIR, I WANTED TO BRING A DISCUSSION ITEM FOR YOU GUYS. EARLIER IN THE MONTH OF APRIL, WE RECEIVED AN E-MAIL FROM A REPRESENTATIVE OF THE MSD. THEY ARE PROPOSING TO INTRODUCE THIS SAN JUAN DRIVE PARKING ORDINANCE. I HAVE THE FULL ORDINANCE FOR YOUR REVIEW.

I WANTED YOU TO HAVE TIME TO MULL IT OVER. SO I'M PLANNING TO BRING THIS BACK IN THE JULY MEETING. I KNOW IN THE JULY MEETING WE'RE GOING TO HAVE AN ISSUE FOR QUORUM. SO WE JUST NEED TO PEOPLE IT. BUT I WOULD LIKE TO BRING IT ITEM BACK FOR YOUR RECOMMENDATION. I CAN GO INTO FURTHER DETAIL AS WE PROGRESS. I DID ASK THE REPRESENTATIVE MR. BRAD WEBSTER TO BE HERE. IF YOU WANTED TO GO THROUGH THIS AT YOUR OWN LEISURE, YOU SHOULD HAVE THAT INFORMATION. IF YOU DO NOT HAVE A PHYSICAL COPY, I CAN E-MAIL THEM TO YOU, IF IS NOT IN YOUR STAFF REPORT. THE IDEA IS THEY WANTED TO, SIMILAR TO THE PARKING ORDINANCE BEEN -- THEY WANTED ONE ON SAN JUAN DRIVE AS WELL, WITH SOME RESTRICTIONS AND SOME OTHER THINGS AS WELL.

I'LL LEAVE TO YOU IF YOU WANT TO DISCUSS IT AT THIS MOMENT. I KNOW YOU CANNOT SPEAK OUTSIDE OF THE MEETING. DO YOU HAVE

ANYTHING THAT YOU WANT TO SAY? >> ARE THERE ANY SIGNIFICANT DIFFERENCES BETWEEN THE OTHER PARKING ORDINANCE?

>> I WOULD SAY THAT THE BIGGEST DIFFERENCE IS THE CLASSIFICATION. THAT IS A MAJOR THOROUGH FAIR. SAN JUAN DRIVE, FOR ALL INTENTS AND PURPOSES, IS A LOCAL ROAD. SO THAT SAY PRETTY BIG DIFFERENCE IN THE ROAD CLASSIFICATION. I'M NOT FULLY SURE ON THE ENFORCEMENT FOR FROM THE -- BOULEVARD. WE HAVE NOT RECEIVED ANYTHING BACK FROM THE SHERIFF YET. I'M STILL MAKING EFFORTS TO REACH OUT TO THEM SEE WHAT THEIR

FEELINGS ARE ON IT. >> JUST MY PERSONAL COMMENT COMMENTARY OF THE BOULEVARD. I NEVER READ THE ORDINANCE ON THE BOULEVARD. BUT I FEEL THERE ARE SEVERE VIOLATIONS ON IT ON A DAILY BASIS BY THE MAJORITY OF HOMEOWNERS. I DON'T KNOW HOW STICKY THIS IS GOING TO BE. WITH DON'T WALK -- MY WIFE AND I DO NOT WALK DOWN SAN JUAN DO TO THE SIGNIFICANT TRAFFIC ISSUES AND DUE TO MOSTLY SERVICES VEHICLES BEING PARKED ON THE ROAD AND THEN ONCOMING TRAFFIC IS. I UNDERSTAND THE REASON FOR IT BUT IF THE SHERIFF'S OFFICE IS NOT GOING TO ENFORCE IT ON -- BOULEVARD, WHAT IS THE SIGNIFICANT OF THAT? I'LL BE GLAD TO READ IT. THANK YOU FOR THAT IF YOU COULD SEND IT VIA. VIA E-MAIL, THAT WOULD BE GREAT.

>> 90% OF PEOPLE ARE PARKING IN DRIVEWAYS VERSUS PARKING ON THE STREETS. I GOT A FIVE MINUTE GRIDLOCK OF SOMEONE UNLOADING LUMBER. THIS DOES NOT ADDRESS CONSTRUCTION MATERIALS. I'LL READ IN MORE DETAILS WHEN WE HAVE MORE DETAIL.

[01:10:07]

>> THE ORIGINAL ORDINANCE WAS REQUIRING 48 HOURS NOTICE TO DELIVER ANY MATERIALS, 48 HOURS NOTICE TO DELIVER ANY

MATERIALS. >> BEING A CONSTRUCTION PERSON, YOU'RE LUCKY TO GET THE MATERIALS, LET ALONE TO SCHEDULE IT 48 HOURS IN ADVANCE.

>> WITHIN MORE QUESTION FOR BRANDON ON THIS TOPIC. CAN YOU SPEAK TO THE ETHICS E-MAIL THAT YOU SENT AND IF THAT IS GOING TO BE AN ANNUAL OCCURRENCE GOING FORWARD. I KNOW WE DID IT WHEN WE FIRST APPLIED FOR THE BOARD. IS THAT AN ANNUAL

DISCLOSURES REQUIREMENT? >> SO MR. GREENE, I THINK YOU'RE TALKING ABOUT THE FINANCIAL DISCLOSURES FORM.

I'M NOT A HUNDRED PERCENT SURE. I KNOW JOANNE SPENCER WITH OUR ADMINISTRATION HANDLES THAT FORM.

>> IT IS AN ANNUAL DISCLOSURE AND RESPONSIBILITY. IT CAME UP THIS WEEK. IT IS MANDATORY TO FILE THAT ELECTRONICALLY. THERE IS SOME CONFUSION ABOUT THE CHANGE, OF COURSE. IS THERE ANYWAY TO SAY JUST THE SAME AS LAST YEAR. I'M PRETTY BORING.

NOTHING EVER CHANGES. >>> I WOULD LIKE TO ADD THIS IS MY ADD MEETING WITH YOU ALL. I'M GOING TO RETIRE AS OF JULY 1ST. THAT'S IT. I JUST CAN'T DO IT. CAN'T DO IT ELECTRONICALLY. BUT IT'S BEEN A PLEASURE WORKING WITH YOU ALL. YOU HAVE A BEAUTIFUL COMMUNITY AND I APPRECIATE AND ENJOY SUPPORTING YOUR EFFORTS TO MAINTAIN IT AND ENFORCE THE RULES THAT APPLY THERE. WE'RE WORKING ON IT. AND IT IS HIGHLY LIKELY THAT YOU'LL SEE AND ATTORNEY FROM MY OFFICE IN JULY. WE HAVE ACTIVE SOLICITATIONS POSTINGS FOR FOR

RESUMES. >>

* This transcript was compiled from uncorrected Closed Captioning.