Sep 14, 2020 Ponte Vedra Zoning and Adjustment Board

[Call to Order]

[00:00:06]

>> I WOULD LIKE TO CALL THE MEETING TO ORDER THE PONTE VEDRAED ZONING AND ADJUSTMENT BOARD.

WELCOME. AS PRELIMINARY MATTER I'M BRAT SCOTT CHAIR OF THE PONTE VEDRA ZONING BOARD.

FELLOW BOARD MEMBERS WHEN I CALL YOUR NAME PLEASE RESPOND AFFIRMATIVE.

>> I JUST WANT TO KNOW THAT THE PICTURE J-- NOTE THAT THE PICTUE JUST CAME UP.

LET ME JUST GO AHEAD AND TAKE A MOMENT TO INTRODUCE SAM CROZIER.

WE WANTED TO THANK YOU FOR COMING TO VOLUNTEER ON THIS BOARD. WE WELCOME YOU AND WE'RE GLAD YOU ARE HERE FOR THE FIRST DAY AND THANKS FOR BEING A PART OF

IT. >> FOR THE COUNTY STAFF ALICE

KLEIN MORRIS. >> YES, SIR I'M HERE.

GOOD AFTERNOON. WELCOME TO THIS REGULAR MEETING OF THE PONTE VEDRA ZONING AND ADJUSTMENT BOARD IN ORDER TO MITIGATE THE TRANSMISSION OF THE CORONAVIRUS AND REDUCE RISK OF COVID-19, GOVERNOR SUSPEND REQUITE OF PHYSICAL FORUM AND THE COUNTY HAS ADOPTED MEETING USING REMOTE PROCLAMATION.

SO THE PUBLIC HAS MEANS TO COMMENT WITHOUT PHYSICALLY ATTENDING. ALONG PRIOR COMMUNICATION INCLUDING E-MAIL THE PUBLIC WILL BE ABLE TO COMMENT BY PHONE WHILE WATCHING THE MEETING VIAGTV OR BY STREAMING POSTED ON THE COUNTY'S WEB SITE. THE WEB SITE ALSO PROVIDES THE TELEPHONE NUMBERS TO USE TO CALL IN THE MEETING.

EVEN IF THE PUBLIC DO NOT PROVIDE COMMENT PARTICIPANTS ARE ADVISED THAT PEOPLE MAY BE LISTENING WHO DO NOT PROVIDE COMMENT AND THOSE PERSON ARE NOT REQUIRED TO IDENTIFY THEMSELVES.

PLEASE NOTE THIS MEETING BEING RECORDED FOR THOSE CALLING IN TO COMMENT, IF YOU U.S. A BUSY SIGNAL, PLEASE CALL BACK.

IN ADDITION PLEASE SELF-TIME THE THREE-MINUTE TIME LIMIT BECAUSE TE THREE MINUTE COMMENT TIMER WILL BE VISIBLE TO YOU BECAUSE OF THE DELAY IN TRANSMISSION OF THE MEETING.

YOUR TIMING WILL BE MORE ACCURATE.

FINALLY, PLEASE MUTE YOUR PHONE WHILE YOU'RE WAITING TO COMMENT AND MUTE THE MUTING ON YOUR TELEVISION OR COMPUTER WHEN YOU ARE SPEAKING. PLEASE BE AWARE THAT IF FIVE TO NINE-SECOND DELAY BE APPLY TO VISUAL PRESENTATIONS IF WE EXPERIENCE TECHNICAL DIFFICULTS WE WILL RECESS WHILE THEY ARE RESOLVED AND THEN RESUME THE MEETING.

THERE ARE MATERIALS FOR THIS MEETING AVAILABLE ON THE COUNTY WEB SITE. GO TO HOME PAGE UNDER MEETING AND WORKSHOPS AND CLICK ON PONTE VEDRA ZONING AND ADJUSTMENT BOARD MEET AND LINKS TO AGENDA AND INDIVIDUAL AGENT ITEMS TO ACCESS ALL OF THE SUPPORTING MATERIALS.

FINALLY IF ANY BOARD MEMBER OF THE BOARD PARTICIPATING THE NEED TO VOTE TAKEN IN THIS MEETING WILL BE CONDUCTED BY ROLL CALL VOTE. IF WE MAY HAVE THE READING OF THE PUBLIC NOTICE STATEMENT, PLEASE.

>> THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN CON FERNANDES WITH REQUIREMENT OF FLORIDA LAW.

THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO AGENCIES AREA OF JURISDICTION AND THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO OFFER COMMENTS A DEBT NAILTED TIME DURING THE HEARING. MY MEMBER OF THE PUBLIC DESIRING TO SPEAK MUST INDICATE SO BY COMPLETING A SPEAKER CARD WHICH IS AVAILABLE IN THE FOYER. ANY ADDITIONAL SPEAKER MAY BE HEARD AT THE DISCRETION OF CHAIRMAN.

THE PUBLIC SHALL SPEAK AT A TIME DURING THE MEETING ON EACH ITEM AND FOR A LENGTH OF TIME AS DESIGNATED BY THE CHAIRMAN WHICH WILL BE THREE MINUTES. SPEAKER SHOULD IDENTIFY THEMSELVES WHO THEY REPRESENT AND STATE THEIR ADDRESS FOR THE RECORD. SPEAKER MAY OFFER SWORN TESTIMONIES. IF THEY DO NOT, THE FACT THAT THEIR TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE AGENCY AND DETERMINING THE WEIGHT OR TRUTHFULNESS OF THE TESTIMONY.

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGINGS AND MAY NEED TO ENSURE THAT VERBATIM RECORD IS MADE. WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON BY THE APPEAL TO BE BASED.

ANY PHYSICAL OR DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING SUCH AS DIAGRAMS, CHARTS, PHOTOGRAPHS OR WRITTEN STATEMENTS WILL BE RETAINED BY STAFF AS PART OF THE RECORD.

THE RECORD WILL THEN BE AVAILABLE FOR OTHER AGENCY OR THE COUNTY IN ANY REVIEW OF THE APPEAL RELATED TO THE ITEM.

[00:05:06]

CIVILITY CLAUSE WE WILL BE RESPECTFUL OF ONE ANOTHER EVEN WHEN WE DISAGREE. WE WILL DIRECT ALL COMMENTS TOCH THE ISSUE. WE WILL AVOID PERSONAL ATTACKS.

>> THANK YOU. ARE THERE ANY PUBLIC COMMENTS OTHER THAN THE AGENDA ITEM FOR TODAY?

>> SEEING NONE WE WILL MOVE ON TO AGENDA ITEM FOR TODAY WHICH

[1. PVZVAR 2020-05 SNF Ponte Vedra, LLC. PVZVAR 2020-05 SNF Ponte Vedra, LLC, Request for a Zoning Variance to Section VIII.D of the PVZDR to allow a portion of the single-family home and accessory structures to encroach seaward of the Coastal Construction Control Line (CCCL) and to Section VIII.N.2, to replace a 6 foot high retaining wall exceeding the 4 foot height allowance, specifically located at 973 Ponte Vedra Blvd.]

IF I COULD START WITH JOHN LYNCH AND LET US KNOW IF YOU MADE A

SILENT JUST OR SPOKE TO ANYONE? >> I HAVE NOT SPOKE TO ANYONE.

>> JOHN PATTON? >> I HAVE NOT SPOKEN TO ANYONE.

I HAVE BEEN BE TO SITE. >> TIM?

>> I DIDN'T SPEAK TO ANYBODY AND I DID VISIT THE SITE AND

ACTUALLY WALK ON IT. >> MEGAN? I DID NOT SPEAK TO ANYONE AND I DID VISIT THE SITE.

>> HARRY? I DIDN'T SPEAK WITH ANYONE.

I HAVEN'T VISITED THE SPIKE. >> BRAD?

>> I DIDN'T VISIT ANYONE BUT WAS ABLE TO VISIT THE SITE.

>> I HAVEN'T SPOKEN WITH ANYONE. >> SINCE THE BOARD HAS NEW AGENCY MEMBERS, I WOULD LIKE TOW MENTION AT THIS TIME, AS ALWAYS THE BOARD MEMBERS VETERANS KNOW IT IS NOT IMPROPER WILL SPEAK WITH SOMEBODY PRIOR TO AN AGENDA ITEM.

IT MIGHT BE THE APPLICANT. IT MIGHT BE THE AGENT.

IT MIGHT BE OPPOSING COMMUNITY MEMBER OR SOMETHING LIKE THAT.

HOWEVER, IF IT IS QUASI-JUDICIAL ITEM SUCH AS THIS THE REQUIREMENT TO DISCLOSE THAT.PY IS BROUGHT FORWARD.

WITH A BRIEF DESCRIPTION OF WHAT THE CONVERSATION TOPIC WAS ET CETERA. OF COURSE, ON ANY QUASI-JUDICIAL ITEM, AN AGENCY MEMBER OR BOARD MEMBER WILL NOT TAKE A POSITION IN FAVOR OF IN OPPOSITION UNTIL THE HEARING IS CONDUCTED AND ALL THE EVIDENCE HEARD AND THE BOARD MEMBER WILL AT THAT POINT MAKE A DECISION IF IT'S A LEGISLATIVE ITEM LIKE SOMETIMES THERE MAY BE A CHANGE IN YOUR CODE THAT YOU WERE CONTEMPLATING, THINGS LIKE THAT. OF COURSE YOU MAY TAKE A POSITION ON LEGISLATIVE ITEM AHEAD OF TIME.

BUT IF IT'S QUASI-JUDICIAL SUCH AS THIS, YOU KNOW HEAR THE INPUT. TAKE THAT IN.

DISCLOSE THAT IF NECESSARY. AND THEN PUT THAT TOGETHER WITH ANYTHING YOU HEAR AT THE HEARING BEFORE YOU MAKE YOUR DECISION AND YOU MAKE IT HERE. THANK YOU.

THANK YOU. >> WE STILL MOVING STRAIGHT TO APPLICANT PRESENTATION NOT STAFF PRESENTATION?

>> I WOULD ASK FOR THE PRESENTER TO COME FORWARD AND STATE YOUR

NAME AND ADDRESS FOR THE RECORD. >> GOOD AFTERNOON.

CAN YOU HEAR ME OKAY. BRAD WESTER.

I'M DRIVER MCAFEE HAWTHORNE @ DIEBENOW AND THAT IS ONE INDEPENDENT DRIVE SUITE 1200 THAT'S DOWNTOWN JACKSONVILLE.

32202. I DO LIVE IN PONTE VEDRA SAN JUAN DRIVE. WELCOME ABOARD.

THE ONLY PERSON ON THE AGENDA. I WILL BE TIMELY.

I PREPARED A PRESENTATION WHAT IT DOES IS REALLY COVER GENERALLY EVERYTHING YOU WOULD HAVE SEEN FROM A STAFF REPORT.

TYPICALLY THERE'S A STAFF REPORT WHICH IS A POWERPOINT PRESENTATION; SHOWING THE GIST OF THE PROPERTY.

THE REQUEST, AND ALL THE DETAILS THAT WOULD GO INTO THE APPLICATION INCLUDING SOME STAFF REPORTING IF NEEDED.

THIS WILL INCLUDE SOME OF THAT SAME ASPECT.

AND I WILL TAKE EVERYBODY THROUGH THIS.

I AM THE AGENCY BRAD WESTER. I'M NOT AN ATTORNEY.

[00:10:02]

I DO WORK FOR LAND USE AND ZONING REAL ESTATE LAW FIRM.

NICK BERNARD IS THE ARCHITECT. HE'S HERE AS WELL IN THE AUDIENCE. THEN YOU SEE THE REST OF OUR ARENA JOHNSON THE BUILDER AND LANDSCAPE ARCHITECT.

THEY PUT A LOT OF TIME AND EFFORT INTO THIS ENTIRE PROJECT.

OUR REQUEST GENERALLY IS RELIEF FROM SECTION 8-DA WHICH IS THE BRL. BUILDING RESTRICTION LINE.

IN A SINCE THE COASTAL CONSTRUCTION LINE IN THIS SEGMENT OF PONTE VEDRA IS BUILDING RESTRICTION LINE.

IT'S A LITTLE BIT DIFFERENT ANIMAL THAN THE REST OF PONTE VEDRA. THE OTHER REQUEST IS EIGHT AND TWO. THAT'S RETAINING WALL.

CAN'T HAVE RETAINING WALL MORE THAN 8 FEET HIGH.

I WILL GET TO DESCRIPTION OF THAT.

THIS BUILD NEW HOME SITE IN A GENERALLY SIMILAR LOCATION.

NOT THE EXACT LOCATION. I WILL DESCRIBE THAT MORE WITH PICTURES. AS THE PREVIOUS HOME AND THEN BUILD NEW RETAINING WALLS TO REPLACE THE OLD ONE AT DRIVEWAY ENTRY FRAMES AND PROTECT THE EXISTING TOPPOGRAPHY, I UNDERSTAND SOME OF YOU MAY HAVE VISITED THE SITE.

THERE'S A FENCE THAT GOES INTO THE DRIVEWAY.

BUT YOU COULD SEE THERE'S A HIGH DO YOU KNOW RIDGE LINE THERE ON THE WESTERN EDGE OF THE PROPERTY ON PONTE VEDRA.

IN A SENSE THE DESCRIPTION THE BRL IS COASTAL CONSTRUCTION CONTROL LINE ALONG THIS SEGMENT OF PONTE VEDRA SOUTH OF THE PONTE VEDRA ENTRANCE. AND THEN HOWEVER BUT THE CONTINUOUS COASTAL STRUCTURE CONSTRUCTED PERMITTED AND CONSTRUCTED IS ESSENTIALLY MITIGATES THE NEGATIVE EFFECTS OF EROSION AND ALLOWS THE REAR YARD TO BE UTILIZED IN LIEU OF IMPACTING THE HEIGHT OF THE WESTERN POPPOGRAPHY AND RELIEF PRO DOMINANT FEATURE IN THIS LOCATION.

WE, OF COURSE, AS I ALWAYS DO MEET WITH OUR NEIGHBORS AND WE HAVE NO OPPOSITION AND WE SENT E-MAIL CONFIRMATION OF THE LIKE FROM BOTH ABUTTING NORTH AND SOUTH PROPERTY LINE.

THIS IS GENERAL LOCATION MAP. 970 PONTE VEDRA BOULEVARD.

IT'S PRETTY MUCH RIGHT BETWEEN THIS SAWGRASS ENTRANCE.

HERE'S A PICTURE OF THE 2016 AERIAL AND THEN THE BLUE LINE SHOWS THE COASTAL CONSTRUCTION CONTROL LINE.

AND I BELIEVE THERE WAS A NINE-SECOND DELAY IN THIS IMAGERY TO THOSE WATCHING ONLINE.

I WILL BE RESPECTFUL OF THIS AS I CHANGE THE PICTURES.

BASED ON MY DISCUSSIONS HERE. YOU CAN SEE THE BLUE LINE IS COASTAL CONSTRUCTION CONTROL LINE.

THIS SEGMENT OF PONTE VEDRA BEACH.

AND YOU SEE THE PREVIOUS HOMES AND CHARACTER AND LOCATION OF THAT CONSTRUCTION CONTROL LINE THERE.

THANK YOU. ZONING IS R-1A ACROSS THE STREET IS R-1B. HERE IS THE SURVEY AGAIN THIS SURVEY DONE SHOWING THE "T" OPO. HERE'S THE PREDOMINANT RIDGE ON THE PROPERTY. MY CURSOR POINTS TO THE WESTERN EDGE OF THE PROPERTY. I'M NOT SHOWING THIS KIND OF DUE NORTH. HERE'S THE CONSTRUCTION CONTROL LINE. THE DASH LINE AND IT ESSENTIALLY GOES RIGHT THROUGH THE PREVIOUS FOOT PRINTED OF THE FORMER HOUSE THAT WAS THERE. THEN YOU'VE GOT THE BEACH.

THE WALK OVER AND THEN THE PROPERTY LINE OUT TO THE HIGH WATER AND WHAT NOT. YOU CAN SEE THE PREDOMINANT FEATURE IS CONSTRUCTION CONTROL LINE.

AND THE HOMES THAT WERE BUILT ON AND SEAWARD OF THAT.

THIS PROPERTY HAS INTERESTING INTERESTING HISTORY.

THE PREVIOUS HOME WAS BUILT IN THE 80S.

AND THEN OUR MY CLIENT THE OWNER PURCHASED IT IN 2017.

IN 2018 AND 2019 THEY SPENT THE BULK OF THAT GETTING THE PERMIT FOR THE COASTAL ARMORY. AGAIN IT'S SEAWALL.

WE CALL IT COASTAL ARMORY. THAT'S WHAT IT IS FOR DEP ABOUT THE COUNTY. WE WENT THROUGH CONSTRUCTION PROCESS. THE DESIGN AND CONSTRUCTION PROCESS. I SENT CONSTRUCTION DRAWING AS PART OF APPLICATION. AS YOU CAN IMAGINE IT'S 25-PLUS FEET DOWN INTO THE SAND. REINFORCE CONCRETE VINYL SHEET PILE. A LOT OF US ON THE BOARD.

YOU KNOW CONSTRUCTION. YOU KNOW DESIGN.

AND THAT'S WHY YOU'RE SERVING ON THE BOARD.

THE CONSTRUCTION PLANS ARE SINCE PART OF THIS.

AND THEN 2019, 2020 CONCEPT DESIGN FOR THE PROPERTY ITSELF.

COVID-19 THERE'S A BIG DELAY AND ALL OF OUR PROCESSES BUT FROM THE HEARING STANDPOINT AND THEN OUR DESIGN TEAM AS WELL.

AND THEN THEY REQUESTED VARIANCE.

I WILL NOTE THAT THIS PROPERTY BACK IN 2005 THE NEIGHBORING PROPERTY TO THE SOUTH WENT THROUGH SOME CONSTRUCTION.

AND THEY DID PILE DRIVING. AND THAT PILE DRIVING ACTUALLY

[00:15:02]

THERE WAS TWO LAWSUITSEN THAT. THAT HOUSE COULDN'T BE KEPT WHATSOEVER. IT WAS RAISED WHEN MY CLIENT BOUGHT IT. IT WAS ABANDONED FOR A WHILE.

THEN MY CLIENT BOUGHT NILT 2017. THAT'S A SIGNIFICANT PORTION OF THE HISTORY OF THIS SITE WHEREAS THERE WAS NOTHING THAT WAS ALLOWED TO REMAIN BASED ON THE SET LMENT IN THE LAWSUIT THAT WENT. IT'S DUE TO PILE DRIVING NEXT DOOR. BUT, WE HAVE A CORRESPONDENCE WITH THE NEIGHBOR. MR. DUKE AND HE HAS NO ISSUES WITH OUR PLAN OR OUR APPROACH. EVERYTHING IS TOTALLY FINE.

THIS IS PICTURE OF THE COASTAL ARMORY SURVEY THAT WAS DONE.

AND YOU CAN SEE THE ROUGHLY 100 FEET FROM THE COASTAL CONSTRUCTION LINE. THAT BULKHEAD RUNS ABOUT SIX PROPERTIES CONTIGUOUS. IT'S ALL -- THEY ALL MEET EACH OTHER. THEY ARE CONTIGUOUS.

IF YOU PUT ONE RETAINING WALL UP IT MAY JUST WORK ON YOUR PROMPT FOR THE TIME BEING BUT THEN YOU WILL GET WATCH OUT FOR OTHERS TO PUSH OUT. THIS IS SIX PROPERTY STRONG THAT HAS RETAINING WALL. A SEAWALL BULKHEAD THAT WAS BUILT. I WILL SHOW THE PICTURES, MORE OF THAT. HERE'S IS POST CONSTRUCTION OF THE SEAWALL ITSELF. AND YOU CAN SEE IT.

FIRES TIEBACKS. VINYL SHEET.

CONCRETE POUR. VERY ROBUST.

IT ADJOINS THE PROPERTY TO THE NORTH AND THE SOUTH.

HERE'S ANOTHER IMAGE AND IT AGAIN SHOWS THE BULKHEAD GOING MULTIPLE PROPERTIES TO THE SOUTH OF US AND MULTIPLE PROPERTIES THE NORTH OF US ALL ADJOINING AND CONTIGUOUS.

THIS STEMMED FROM IRMA, MICHAEL, MATTHEW AND THE LIKE.

WHAT ESSENTIALLY IT DID WAS FROM THE WASH OUT FROM THE HURRICANES THAT LULED ALLOWED AND RESTORED ALONG THIS STRETCH.

YOU COULD CONTINUE TO USE AND ENJOY YOUR BACK YASHD THAT WAS PREVIOUSLY TAKEN AWAY BY EROSION FROM HURRICANE.

IT WAS PERMITTED THROUGH ST. JOHNS COUNTY.

SUSAN THE FORMER DIRECTOR DID A ZONING CONFIRMATION LETTER THAT WAS REQUIRED FOR DEP TO GET THE PERMIT ISSUANCES.

WE GOT CLEARANCE SHEET FROM THE ST. JOHNS COUNTY TO BUILD AND THERE YOU HAVE IT. HERE IS THE PICTURE OF THE PREVIOUS FOOTPRINT OF THE HOUSE. IT SHOWS THE POOL THE CONCRETE STRUCTURE. SHOWS SOME ACCESSORY STRUCTURES OUT INTO THE SIDE YARD AREAS. NOW THEY ARE TEN-FOOT SIDE YARD SET BACKS. THIS ENTIRE RED SHOWS THE PREVIOUS STRUCTURE WHERE IT SAT. THIS IS COASTA CONSTRUCTION CONTROL LINE. WE WANTED TO FRAME THIS TO SHOW SOME CHARACTER. HERE'S IS PROPOSED LAW OOUT OF THE NEW HOME. THE ENTIRE ALMOST IS ESSENTIALLY AT THE COASTAL CONSTRUCTION CONTROL LINE OR EASTWARD THE ONLY THING THAT GO PAST THE COASTAL CONSTRUCTION CONTROL LINE IS A LITTLE BIT OF A PORCH OVERHANG.

WHICH AGAIN IS NOT HEATED OR COOLED AND THEN THE STEPS DOWN TO BACKYARD. THERE'S A PAVILION OVER HERE.

OPEN AIR PAVILION. THERE'S A WALK OVER DECK.

BUT AGAIN IT'S NOT ELEVATED. AND THERE'S THEN COOL CABANA THAT IS PAST THE COASTAL CONSTRUCTION CONTROL LINE.

ESSENTIALLY WHAT WE HAVE THE POOL IN THE REAR YARD DESIGN HARDSCAPE ELEMENT THAT ARE ABOVE THE REQUIREMENT THAT ARE ESSENTIALLY CALLED A STRUCTURE. BUT THE PUT IN FRAMING GONE TENT OF THE PROPERTY WITHIN THE COASTAL CONSTRUCTION CONTROL LINE AND ALL THE BUILDING SET BACKS.

THIS IS A REALLY NEEDY PICKION. IT SHOWED THE PREVIOUS HOME IN THE RED. 50% PLUS PAST THE COASTAL CONSTRUCTION CONTROL LINE. WE TIGHTENED OURS UP A LITTLE BIT IN THE REAR YARD. TO KEEP WITHIN THE BUILDING RESTRICTION LINES AND THE SET BACKS AND THE SIDE.

BUT ALSO WE HAVE OUR MAIN HOME STRUCTURE WITHIN THE COASTAL CONSTRUCTION CONTROL KLEIN AND BUILDING RESTRICTION LINES.

>> HERE'S ANOTHER PICTURE OF IT. AND THIS BASICALLY SHOWS FULL COME PRESINCE LAYOUT. THE ARCHITECT KLEHR FOOTPRINT.

[00:20:02]

ALONG PONTE VEDRA BOULEVARD AS YOU GUY MAY HAVE VISITED THE SIGHT AND SAW FIRSTHAND. THERE'S SIX FOOT RETAINING WALLS. I HAVE ANOTHER PICTURE OF THOSE WITH TAPE MEASURE. WE WANTED TO REPLACE THOSE BECAUSE THEY ARE TERMITE CONDOS ESSENTIALLY.

THEY ARE REALLY BEAT UP. THEY ARE NASTY.

BUT THEY HOLD BACK THE DO YOU KNOW.

JUST LIKE IT DID BEFORE. AND THEN WE FRAME THE HOUSE.

ITSELF, AROUND WITHIN THE ENVIRONMENT TUCKED IN THERE, HERE THE TRUCK LINE. THE ONLY PART OF THE HOUSE IT GULF THE KOISAL COASTAL CONSTRUCTION.

>> WE HAVE THE POOL HERE. WE HAVE OUTDOOR OPEN AIR CABANA.

IT'S NOT ENCLOSED OR HEATED AND COOLED.

WE HAVE THE DECK KIND OF YOU CAN STAND ON THE DECK AND LOOK OUT OVER THE RIDGE. THE BEACH AREA.

THEN YOU GOT THE POOL CABANA AND EQUIPMENT ROOM WHICH IS HEATED AND CLOSED. BUT I WILL HAVE SLIDER AS YOU OPEN. YOU HAVE THE REAR YARD GRASSED AREA AND YOU KNOW BEAUTIFULLY LANDSCAPES THEN THIS DARK LINE HERE IS THE WE. WE FRAMED EVERYTHING.

THIS KIND OF REHABILITATED THE REAR YARD FROM THE SEA WALT BACK TO THE COASTAL CONSTRUCTION CONTROL LINE.

ESSENTIALLY ALLOWED FOR REAR YARD THEN OF COURSE THE RETAINING WALLS WOULD GO TO SHORE UP THE EXISTING DO YOU KNOW LINE AND ALLOW THAT DRIVEWAY TO BE EXACTLY WHERE

IT'S ALWAYS BEEN. >> WE MEET THE CODE OF FOUR FEET IT WILL ALLOW THE DO YOU KNOW TO GO IN.

THIS IS A LITTLE GARDEN AREA UP HERE.

WE HAVE WALKING AREA UP ON TOP OF THE DO YOU KNOW AREA.

SOME SEEDING. ANOTHER OUTDOOR GAZEBO.

IT'S WITHIN THE BUILDING RESTRICTION LINE.

WE DON'T HAVE TO SCRAPE INTO THE ZOON DUNE ITSELF.

HERE'S THE ENTERING POINT. YOU CAN SEE THE DUNE LINES THE DRIVEWAY HISTORICALLY CUT RIGHT THROUGH THERE.

WE WILL REPLACE THAT AND PUT THE DRIVEWAY IN.

THEN YOU SEE THE DILAPIDATED RETAINING WALLS.

I WILL GO TO NEXT PICTURE AND IT SHOWS IN BETTER CONTEXT.

WE HAVE A TAPE MEASURE. IT'S 6-FEET HIGH RIGHT THERE.

AND YOU CAN SEE IT IN CONTEXT WITH DRIVEWAYS AS YOU COME.

IT'S K LIKE A PUNCH THROUGH IN THE DUNE AREA.

ACT ACTUAL WHEN WE SUBMITTED OUR APPLICATION WE DIDN'T HAVE THAT VARIANCE REQUEST.

IT'S A ONE FOR ONE REPLACEMENT. STAFF ADVISED YOU NEED TO APPLY FOR VARIANCE AS WELL. IT'S ABOVE FOUR FEET.

WE'VE DONE THAT. IN SUMMARY THAT HAS NO IMPACT AND WILL PROVIDE HOME SITE CONSISTENT COMPATIBLE CONTEXT OF IMPROVEMENT AND THE HISTORICAL STRUCTURE OF THE ADJACENT HOME.

THE LITERAL ENFORCEMENT WOULD COST UNCOHARDSHIP.

BASED ON EXTRAORDINARY SITUATION AS I DESCRIBED THEN OF COURSE THE TOP OGRAPHIC CONDITIONS WE WANT TO PRESERVE.

WE BOUGHT BECAUSE OF NATURAL BEAUTY AND THE ABILITY TO UTILIZE THE COUNTY PERMITTING AROUND 2017, 2018 AND GET THAT WILLED AS WE DID THE SAME THING ALONG THERE.

WITH THAT I RESPECTFULLY ASK FOR YOUR CONSIDERATION OF APPROVAL AND HERE TO ANSWER ANY QUESTIONS.

>> >> MY FIRST QUESTION WOULD BE COULD YOU EXPLAIN ONE MORE TIME THE LITERAL ENFORCEMENT OF THE CODE UNDUE HARDSHIP. LITERAL ENFORCEMENT OF THE CODE IF THE BUILDING RESTRICTION LINE WE WOULD BE REQUIRED TO PUT ANYTHING THAT IS ABOVE THAT MEETS THE BUILDING CODE STANDARD. I BELIEVE 30 INCHES OFF GRADE.

IS ESSENTIALLY A STRUCTURE. AND THOSE STRUCTURES CANNOT GO PAST THAT COASTAL CONSTRUCTION CONTROL LINE.

ESSENTIALLY BY BUILDING THE SEAWALL IT WAS PERMITTED THROUGH THE COUNTY AND DEP AND BUILD. IT'S ESSENTIALLY RESTORES THAT REAR YARD AND THEN MITIGATES THE REASON WHY THE COASTAL CONSTRUCTION CONTROL LINE IS THE BUILDING RESTRICTION LINE IN THIS AREA. OTHER PLACES IN PONTE VEDRA BEACH THAT BUILDING RESTRICTION LINE IS NOT THE COASTAL CONSTRUCTION CONTROL LINE. THIS HAS A VERY SPECIFIC EXTRAORDINARY NATIONAL ENVIRONMENT BASED ON THE BEACH.

[00:25:01]

IF YOU PULL THAT BACK DOWN TO FOUR FEET WE WOULD HAVE TO GET A SLOPE TO THE FOUR-FOOT RETAINING WALL HEIGHT BACK AND WE'RE IMPACTING THE DUNE LINE. WE WANT TO MAINTAIN THE DUNE

LINE. >> QUESTIONS FROM THE BOARD?

>> I'VE GOT A SERIES OF QUESTIONS.

ONE SWIMMING POOLS ARE ALLOWED IN COASTAL SET BACK AREA;

CORRECT. >> IT'S A VESSEL.

>> IF THE HOUSE HAD NEVER BEEN DEMOLISHED YOU COULD HAVE REBUILT THE HOUSE IN EXISTING LOCATION.

>> THAT'S CORRECT. >> ONE OF THE HARDSHIPS THE FACT THAT HOUSE GOT DESTROYED BY THE NEIGHBOR.

I CLASSIFY THAT AS HARDSHIP. THE -- THE ONLY YOU'VE GOT THREE STRUCTURES OWN. THE OTHER SIDE OF THE COASTAL SET BACK LINE. CABANA, YES, SIR.

CABANA, THE POOL EQUIPMENT AREA AND THE OUTLOOK.

EVERYTHING ELSE IS LOW STRUCTURE.

>> I DON'T THINK THE OUTLOOK AND DECK IS CLASSIFIED AS STRUCTURE.

IT WILL NOT EXCEED THE 30 OF H INCH RULE.

IT'S A STEP UP OFF THE YARD. THE OPEN AIR PAVILION.

THE PORCH AREA, WHICH IS AGAIN ATTACHED TO THE HOUSE.

THERE'S TWO REAR PORCHES AND STEPS DOWN TO THE POOL AREA.

THOSE THAT COASTAL CONSTRUCTION CONTROL LINE GOES THROUGH THE PORCH AREAS, AND THEY ARE SINGLE STORY OPEN AIR.

REALLY THEN THE POOL CABANA AREA WHICH IS HEATED AND VENTILATED BUT YOU CAN'T OPEN IT UP. FOR THE OPEN AIR.

BUT YOU CAN CLOSE IT SO IT'S FLORIDA IN SUMMER YOU CAN HAVE AC AND CONTEXT OF THE POOL AREA IN THE BACKYARD.

BUT AS I SAID TO EVERYBODY THAT I'VE EXPLAINED THIS TO.

THE NEIGHBORS AND WHAT NOT. 99 POINTD #% OF THE HOUSE ITSELF MEETS CRITERIA OF THE COAST BECAUSE IT'S EASTWARD OF THE

COASTAL CONSTRUCTION LINE. >> WESTWARD.

>> THANK YOU. >> THE HOUSE TO THE NORTH AND THE HOUSES TO THE SOUTH, CLEARLY ARE A PORTION OF THEM A MAJOR PORTION OF THEM ARE EXCEEDING THE COASTAL LINE.

ANY IDEA IF YOU GO HOUSE FURTHER NORTH AND SOUTH IF THEY ALSO

EXCEED IT? >> YEAH.

THERE ARE SEVERAL HOUSES IN THIS AREA.

I THINK IT'S TWO HOUSES, TWO OR THREE HOUSES TO THE SOUTH.

WITH THE OR THREE HOUSES TO THE SOUTH THE HOMES ARE BACK INTO THE COASTAL CONSTRUCTION CONTROL LINE.

AND THEN SEVERAL HOUSES UP TO THE NORTH THEY AS WELL HAVE IT.

BUT THERE ARE HOUSES THAT I DON'T HAVE A FULL INVENTORY.

THERE ARE HOUSES TO NORTH THAT ARE OVER THE COASTAL CONSTRUCTION CONTROL LINE. BUT THERE ARE 7 OR 8 MOMENT IN THIS SPECIFIC AREA THAT ALL HAVE KIND OF BEEN BUILT PAST THE COASTAL CONSTRUCTION CONTROL LINE.

AS THE SHORELINE CAN KIND OF MODIFY ITSELF OVER THE YEARS WITHOUT ANY COASTAL OR PROTECTION.

IT ESSENTIALLY CREATED THE ENVIRONMENT THAT WE HAVE RIGHT NOW. AND BUT I BELIEVE IT'S TWO, # HOUSES TO SOUTH THERE'S HOMES THAT ARE BACK BEYOND I'M SORRY THAT ARE NOTHING BUT THE POOL AREA.

THERE MIGHT BE A STRUCTURE BUT DIDN'T SHOW UP.

IT'S PAST THE CONTROL LINE AND SAME THING TO THE NORTH.

AND I THINK IT WAS IN THE 85, 86 TIME PERIOD COASTAL SET BACK

LINES MOVED? >> 88, YEAH.

>> A LOT OF THESE HOUSES WERE BUILT PRIOR TO '88.

>> I WENT TOE WHEN BUT BUILD AFTER.

>> THIS ONE WAS BUILT IN 2005. THAT'S HIGH NEXT QUESTION.

THAT'S -- THEY DID THE PILE DRIVING THERE.

THEY SO THE VIBRATION GOT CRACK THE FOUNDATION.

THERE WAS TWO LAWSUITS THE INSURANCE SETTLED OUT.

PEOPLE MOVED. AND THERE WAS MOLD INFESTATION TO THE HOUSE. THERE WAS NO WAY TO RETAIN THE FOUNDATION. IN 80S AND YOU KNOW THIS.

MOST OF YOU KNOW THIS. THE BUILDING CODE HAVE ALL

[00:30:04]

MY CLIENT BOUGHT IT. THERE WAS NO WAY TO SAVE

ANYTHING ON THE PROBLEM. >> FRONT RETAINING WALL.

IT LOOKS LIKE AGAIN I WAS ABLE TO GET TO THE FENCE BUT ALMOST FROM THE FENCE TO THE ROAD IT'S REALLY NOT RETAINING WALL IT'S MORE OF WHAT. IT'S NOT RETAINING ANYTHING.

IT'S WELL ABOVE -- IT'S SIX FEET TALL.

YOUR EXISTING DRAWING SHOWS NOT ONLY IT SHOWS THAT WALL BEING EXPANDED NORTH AND SOUTH ALONG THE -- IF I HAD POINTER I COULD POINT THERE. EXTENDING NORTH AND SOUTH.

IS THE INTENT OF THE LAW ALONG PONTE VEDRA BOULEVARD TO ALSO BE SIX-FEET TALL OR WOULD THAT BE WITHIN THE FOUR-FOOT TALL RANGE.

>> THAT WOULD BE DOVETAILED DOWN TO FOUR FEET.

I SHOULD HAVE CLARIFIED THAT. THE SIX FEET AT THE HEIGHT OF THE DO YOU KNOW AREA. WE REALLY WANT TO REBUILD THAT IN CONTEXT TO WHAT'S THERE. IF YOU NEED TO CONTINUE THAT.

OUT FRONT. THERE'S A SIX-FOOT WALL RUNNING PARALLEL WITH PONTE VEDRA BOULEVARD.

WE CAN CONTINUE THAT TO DOWN TO FOUR FEET.

TO MEET THE CODE. >> THAT WILL BE PREFERENCE.

ANYTHING ON THE BOULEVARD WOULD ONLY BE FOUR-FEET TALL.

NOT SIX FEEL TALL. >> OKAY.

AND THE AREA BACK WHERE IT'S RETAINING WALL ABOUT SIX FEET FAIRLY MINIMAL AND ACCEPTABLE -- OKAY.

>> YEAH. >> THANK YOU.

THAT MAKES SENSE. WE CAN REGRADE THIS AND WE DON'T WANT CONSTANT MAINTENANCE OF TAKING AWAY WHAT'S THERE RIGHT NOW AT THE MAIN DRIVEWAY. YOU PULL THROUGH A LITTLE TUNNEL. SOME OF THE PAL MUDDOS ARE DOING THAT. WE WANT TO MAKE SURE THAT'S THE

SAME. >> WE CAN CONDITION IT -- I CAN HELP STAFF CRAFT IT. THE RETAINING WALL THAT'S PARALLEL MEET THE CODE REQUIREMENT.

EVERYTHING PERPENDICULAR RUNNING WITH THE DRIVEWAY TO THE SITE

INTO THE SITE. >> IN YOUR PRESENTATION ASKED ABILITY HALF OF MY OTHER QUESTIONS.

>> THANK YOU. MR. CHAIR, IF I MIKE ROBERTSON.

GROWTH MANAGEMENT. I HAVE A QUESTION REGARDING THAT. JUST TO BE CAREER ABOUT IT.

ARE YOU POSITIVE YOU WILL BE ABLE TO -- YOU WON'T NEED

RETAINING WALL ABOVE THAT? >> YEAH.

>> ARCHITECT SAYING NO, WE DON'T NEED THAT.

I SHOULD HAVE CLARIFIED THAT. WE SUBMITTED THIS NOT REALIZING WE NEEDED VARIANCE. BUT WE DON'T NEED THAT.

THE HEIGHT REALLY WHEN YOU PULL IN RIGHT ON THE DRIVEWAY.

I THINK WE WILL TRANSITION DOWN FROM SIX FEET AND THEN IG RUNNING PARALLEL TO PONTE VEDRA BOULEVARD HAS TO MEET CODE OF FOUR FEET. THANK YOU.

>> JUST FOR THE RECORD. DEPENDING HOW LONG YOU SAT ON THIS BOARD. I RECALL I DON'T REMEMBER WHICH YEAR AND WHICH ADDRESS. WE HAVE MULTIPLE TIME CREATED VARIANCES TO BE EAST OF THE COASTAL CONSTRUCTION LINE.

BECAUSE OF TOPOGRAPHY AND STUFF LIKE THAT.

THIS IS NOT SOMETHING KNEW. >> WE HAD ONE ABOUT 18 MONTHS AGO WHERE THEY WANTED THE ENTIRE HOUSE TO BE OVER THE COASTAL SET BACK LINE. WE TURNED THAT DOWN.

>> THAT WAS SOMEWHAT CONTROVERSIAL.

I REMEMBER TRESPASSING ON THAT PROPERTY AS WELL.

IT WAS COMPLETELY DIFFERENT SITUATION.

THIS THING HAS PERMITTED THE WALL.

AND THEY -- THAT ARE STABLE. IN THAT LOT THAT WE GOT INTO SOME CONTROVERSY ABOUT WAS IT WAS STILL DRAMATICALLY -- THE OCEAN WAS COMING IN FURTHER AND FURTHER.

WHAT THERE WAS A CONCERN ABOUT IS IT WAS AN EINVOLVING SITUATION. IF WE LET THEM VIOLATE IT MORE.

AND THE DUNES WERE A LOT HIGHER. IT WAS ACTUALLY A REALLY THREATENING SITUATION. IN THIS CASE THE WALL HAS ALREADY STABILIZED. THEREFORE IT'S A SLIGHTLY

DIFFERENT SITUATION THAN THAT. >> TO THE BOARD THAT'S NOT PRESENT. LET ME GO THROUGH TO MAKE SURE I'M NOT HEARING. JOHN LYNCH DO YOU HAVE COMMENTS

[00:35:01]

OR QUESTIONS? >> NO I THINK EVERYTHING IS PRETTY CLEAR. THANK YOU.

>> MEGAN DO YOU ANY COMMENTS OR QUESTIONS?

>> YES. I DO.

I HAVE TWO POINT. FIRST I WOULD LIKE TO TALK ABOUT THE RETAINING WALL. AND JUST WALLS I LONG THAT ROAD IN GENERAL. I BELIEVE THERE'S A CODE THAT ALL THAT PARTICULAR AREA YOU CAN HAVE A WALL OF SIX FEET HIGH.

BECAUSE IT'S SOUTH OF THE SAWGRASS PLANNING AND DEVELOPING PLANNING LINE. AND STATE ROAD A-1-A.

THE MAXIMUM HEIGHT MAY BE SIX OR EIGHT FEET.

I DON'T THINK THE HEIGHT OF THE WALL THERE IS AN ISSUE.

I DO WANT TO GO TO COASTAL CONSTRUCTION CONTROL LINE.

I HAPPEN TO HAVE ATTENDED MANY MEETING SUBSEQUENT TO HURRICANE MATTHEW AND IRMA WHERE THE RESIDENTS IN THE 900 BLOCK OF PONTE VEDRA BOULEVARD WERE VAR ANXIOUS ABOUT THE STABILITY OF THEIR HOMES BECAUSE OF THE SERIOUS EROSION THAT TOOK PLACE WITH MATTHEW WHICH WAS CATEGORY TWO WHEN IT CAME BACK AND IRMA WHICH WAS TROPICAL STORM. ALL THE SAND THEY BROUGHT IN AFTER MATTHEWS WASHED AWAY WITH IRMA AND THEN MANY MEETING TO PERSUADE AND TO CLASSIFY THAT AREA AS CRITICALLY ERODED.

THE DUNES THERE WERE SIGNIFICANTLY EFFECTED SO THAT THE WALL ITSELF I FIND MYSELF HAVING A DIFFERENT POINT OF VIEW THAN SOME OF THE BOARD IS KIND OF A RELAXED HOPE TO KEEP THAT DUNE IN PLACE. IT WILL PREVENT FURTHER EROSION IF THEY STABILIZE THE PROPERTY SO THE HOME THAT WERE STRUCTURALLY ENDANGERED OR BASICALLY COLLAPSING ON TO THE BEACH COULD BE SAVED AND PERFECTED.

I LOOKED AT THAT ARMORY AS A ONE PIECE OF PROTECTING.

I DON'T VIEW IT AS A DIVIDE THAT WILL PROTECT THE PROPERTY FROM FUTURE STORM EROSION OF THAT. I LOOK AT THE COASTAL CONSTRUCTION CONTROL LINE AS A VERY IMPORTANT LINE THAT IS ESTABLISHED TO PROTECT HOMEOWNERS.

WHEN THEY DO CONSTRUCTION THEY AREN'T -- THERE'S A POINT IN FUTURE WHEN THE MOTHER NATURE DECIDES TO SCOUR THE BEACH WHICH THEY HAVE DONE SUCCESSFULLY IN 2016 AND 2017.

I'M RETICENT IN OKAY-ING CONSTRUCTION EASTWARD OF THAT

LINE. >> THANK YOU.

ANY COMMENTS OR QUESTIONS? >> I BELIEVE STRONGLY COASTAL DEVELOPMENT. THE REASON WE HAVE A HARDSHIP HERE IS BECAUSE THE ARCHITECT HAS PUT IT WHERE IT THEY WANT STRUCTURES ON THE EASTERN SIDE OF THE LINE.

I DON'T SEE THAT, THAT CREATES A HARDSHIP ACCEPT FROM THE DESIGN FROM THE ARCHITECT. THANK YOU.

>> THANK YOU. COMMENTS OR FEEDBACK?

>> OKAY. LET ME MAKE SURE I UNDERSTAND

CORRECTLY. >> JOHN, YEAH I'M SORRY.

JOHN LYNCH. JUST TO BE CLEAR THOSE STRUCTURES EAST OF THE COASTAL LINE ARE REALLY NOT BUILDING STRUCTURES THAT ARE ADJACENT TO THE RESIDENCE.

THEY ARE JUST STRUCTURES THAT ASSOCIATED WITH THE POOL AREA.

IS THAT CORRECT? >> THAT'S CORRECT.

THEY ARE NOT INHABITABLE STRUCTURES.

>> RIGHT. OKAY.

THANK YOU. >> SAM HAD A COMMENT.

[00:40:05]

>> THE FORWARD WALL THE SIX-FOOTSTEPING DOWN IT LOOKS LIKE YOU WERE TRYING TO PRESERVE THAT DUNE AND THAT LANDSCAPE.

NOT AN INTENT TO BRING IN FILL AND CHANGE THE DUNE.

>> NO. NO.

WE WOULD NOT CHANGE THE DUNE. OUR INTENT NOT TO BRING IT UNTIL WE WOULD PRESERVE WHAT'S THERE. THAT'S A ONE OF THE REASONS THAT AS A MATTER OF FACT IF YOU DON'T MIND.

I WOULD LIKE TO GO BACK TO THIS ONE.

IT'S AN AERIAL THAT SHOWS ROUGHLY 3-4 PROPERTIES NORTH AND SOUTH. AND ACTUALLY YOU CAN SEE M MR. PATTON THE THIRD PROPERTY DOWN.

I WILL USE MY POINTER. YOU CAN SEE WHERE ALL THE HOMES ARE BUILD. THEY ARE BUILT IN THIS REGION FOR SPECIFIC -- WELL THE REASON THEY ARE WILT HERE IS BECAUSE THEY ARE NOT ON THE DUNE. THIS IS A PRETTY SIGNIFICANT DUNE LINE. MY MOUSE POINTING TO ALL THE VEGETATION GROWING UP ON THIS HIGH RIDGE DUNE LINE.

ACCORDING OUR INFO RANGES 20 TO 30-FEET HIGH.

THERE'S A REASON WHY THE HOMES ARE THERE.

THE DUNE LINE EXIST WHERE IT IS AND WE'RE JUST ASKING TO PUT OUR FOOTPRINT RELATIVELY BACK IN CONTEXT TO WHERE IT WAS PREVIOUSLY. WHICH IS WE FEEL VERY IN HARMONY WITH THE ENVIRONMENT OUT THERE AND PROTECTION THAT WERE OFFERED WITH THE COASTAL ARMORY. REALLY OFFER UP THE ABILITY TO USE AND ENJOY THE PROPERTY AS IT WAS PURPOSED.

AND SO THAT'S CORRECT. WE DON'T INTEND TO BRING IN FILL. THE INTENT NOT TO HAVE SIX-FOOT WALL AND FILL ON THE BACKSIDE OF IT, NOT AT ALL.

>> I WOULD JUST COMMENT. ONE SECOND.

I WILL WRAP UP IN A SECOND. >> THE LIVING SPACES IS REALLY THE HOUSE. YOU'VE MET THAT.

YOU HAVEN'T TRIED TO PUT A PORTION OF OVER THE LINE.

THE NEIGHBOR AGREE. THERE'S BEEN SOME HARD SET BACKS BECAUSE OF THE PILING NEXT TO THAT CAUSED PROBLEMS. THESE ARE NICE LOTS THAT ACCEPT NOT BIG ESTATES.

WE COULD SAY, OH, YOU COULD DESIGN SMALLER.

SURE YOU CAN. I DON'T SEE WHERE IF THE NEIGHBORS HAVE A PROBLEM THE -- EITHER THE LIVING RESIDENTS WEST OF THE CONSTRUCTION LINE I THINK IT'S SATISFIES MY PURPOSES THAT IS AN ACCEPTABLE REQUEST.

>> MEGAN, DID YOU HAVE A COMMENT?

>> YES, I HAD ANOTHER TWO POINT. ONE IS WHEN YOU LOOK AT THE OTHER HOUSES THAT WERE BUILT FOR EXAMPLE THE HOUSES BUILT TO THE NORTH AND THAT WOULD PRIOR TO THE ESTABLISHMENT.

WHICH WAS IN 1988. I BELIEVE IT WAS BUILT IN 1980.

A LOT OF THE HOUSES WERE A POSITION ON THE LOT BEFORE WE KNOW WHAT WE KNOW NOW. AND BEFORE WE HAD THE KIND OF STORMS THAT WE HAVE NOW I JUST THINK WE HAVE THE KEEP THAT IN MIND. I FEEL LIKE THERE'S A LARGE GROUP OF PEOPLE IN THE PONTE VEDRA BEACH AREA THAT ARE INTERESTED IN GETTING BEACH RENOURISHMENT AND FEDERAL AND STATE MONEY FOR THAT PROJECT. AND I -- I'M ALSO CONCERNED THAT IF WE HAVE HOUSES THAT ARE STRUCTURES THAT ARE BUILT ON THE SEAWARD SIDE OF THE COASTAL CONSTRUCTION LINE THAT WE'RE WE'RE SENDING A MESSAGE TO THE STATE AND COUNTY ABOUT THE STABILITY OF THE -- OF THAT BEACH.

I THINK THAT THE BEACH DOES NEED YOU KNOW RENOURISHMENT.

I JUST THINK WE HAVE A RESPONSIBILITY TO ALL THE HOMEOWNER AND THE PUBLIC REGARDING YOU KNOW PRYING TO KEEP THE BEACH AS STABLE AS POSSIBLE.

AND TRYING TO DO EVERYTHING WE CAN.

ONE OF THE THINGS WE CAN DO TO BUILD BEHIND THE COASTAL

CONSTRUCTION CONTROL LINE. >> I WOULD LIKE TO MAKE ANOTHER

COMMENT. >> NOT THAT I'M TRYING TO LOOK

[00:45:03]

WHICH I KNOW YOU ARE AWARE OF. WE DO THE SIMILAR TYPE OF BUSINESS. THE STRUCTURES EAST OF THE COASTAL LINE ARE IN ESSENCE THERE'S A FINE LINE BETWEEN -- I MEAN 90% OF YOUR COST I'M AUASSUMING 80 TO 90% OF YOUR PERMITABLE. IT'S ALL PERMITABLE.

YOU ARGUE ABOUT THE OTHER STRUCTURES.

I AM ASSUMING THE STRUCTURES COULD BE MODIFIED AND BE ALLOWED THERE; RIGHT; IF THEY WERE OPEN STRUCTURES?

>> THAT'S CORRECT. YES.

WE'RE -- THERE'S A VERY FINE LINE HERE AND WE'RE MAKING A BIG CASE ABOUT THAT FINE LINE THAT THESE STRUCTURES ARE BEING SLIGHTLY ENHANCED IF YOU WILL. WE'RE ACTING LIKE THOSE ARE GOING TO CAUSE SOME TYPE OF MAJOR PRECEDENT NEGATIVE PRECEDENT. AND I DON'T BUY THAT.

THE POOL IS ALLOWED. THE DECK ALLOWED.

THE STRUCTURE ALLOWED SLIGHTLY DIFFERENT VARIATION.

IF HE SLIGHTLY VARIED IT HE WOULDN'T BE HERE.

I THINK TRYING TO THEN TAKE WITH FACT THAT THEY HAVE BEEN SLIGHTLY ENHANCED AND THEN MAKE A BIG CASE THAT IT'S SETTING SOME BIG PRECEDENT AND SETTING SOME MESSAGE; I JUST I'M NOT BUYING INTO THAT. I THINK IT'S ENHANCEMENT.

I DON'T ESPECIALLY WITH THIS WALL.

IF A MOOT POINT THAT HE'S SIMPLY USING A BUILDABLE BACK REAR YARD THAT HAS BEEN PERMITTED BY THE WAY, WHICH IS INTERESTING.

WE'RE ARGUING AGAINST SOMETHING THAT HE WENT THROUGH THE ENTIRE PROCESS TO ARMOR THE BACKYARD SO HE COULD GO AHEAD AND GET BETTER UTILIZATION. AND NOW IT'S KIND OF LIKE WELL NOW HE IS DOING IT. AND WE'RE TRYING TO SAY, WELL IF WE ALLOW HIM TO DO WE SEND A BAD MESSAGE.

HE ALREADY GOT IT PERMITTED TO ARMOR THE BACKYARD.

IT'S A SLIGHT ENHANCEMENT OF WHAT I WOULD CLASSIFY AS ACCESSORY STRUCTURES TO ALL OF THOSE FACILITIES THAT ARE ALREADY PERMITABLE. THE POOL AND THE DECK IS ALREADY PERMITABLE. IF YOU WANT TO KNOW WHERE THE IMPACT IS. THE POOL AND THE DECK ARE AM LOUED. THAT'S THE BIG IMPROVEMENT IN THAT BACKYARD. ACCESSORY STRUCTURES ARE MINOR.

IT'S A MINOR ISSUE. I'M JUST TRYING TO DRIVE THE POINT HOME. IS THAT IF YOU TAKE INTO ACCOUNT THE WALL, AND YOU TAKE INTO ACCOUNT THE STRUCTURES AND EVERYTHING ELSE WHAT WOULD BE ALLOWED, WE ARE TALKING ABOUT A VERY MINOR VARIANCE. I DON'T THINK SENDING ANYONE A MESSAGE. IT'S NOT CREATING A PRECEDENT.

AND ESPECIALLY WHEN YOU HAVE THAT HAZARD ON BOTH SIDE TO GO PAST THAT LINE ANYHOW. WHAT -- I JUST

>> I'M OBVIOUSLY IN FAVOR OF GRANTING THE VARIANCE.

>> IF I MAY. THANK YOU.

NOT TO TRUMP MR. MCCORMICK OVER THERE.

I IN MY NARRATIVE IN MY REQUEST I RESPECTFULLY DIDN'T BRING PRECEDENT THAT SOMEONE RECEIVED SOMETHING.

I STATED THE REQUEST ON THE MERITS OF THIS PROPERTY ITSELF.

WHICH IS WHAT YOU'RE CHALLENGED TO DO ON THE BOARD.

TO REVIEW SOMETHING ON IT'S OWN MERITS.

I HAVE DONE THAT HERE. YOUR 100% CORRECT WE GOT A ZONING CLARIFICATION LATER. WE GOT CLEARANCE AND FULL CONSTRUCTION PERMITS FROM THE STATE OF FLORIDA TO DO SOMETHING TO REAR YARD AND THAT'S PROTECTED.

NOWEE TRYING TO ENJOY THAT. >> MR. CHAIRMAN.

MAY I ASK A QUESTION. JUST FOR THE WALL, FENCE WAS TALKED AND SHOULD THE BOARD MAKE A MOTION PERTAINING TO THAT.

I HAVE SOME SUGGESTED LANGUAGE SHOULD THAT BE THE CASE.

I JUST WANT TO CLARIFY, THOUGH, FOR THE FIRST VARIANCE.

TO ALLOW A PORTION OF THE SINGLE FAMILY HOME AND ACCESSORY STRUCTURES NOW. I THINK THE ACCESSORY STRUCTURES WE'RE TALKING ABOUT IN MR. POWELL ILLUSTRATED ASPECTS OF THAT. WHAT EXACTLY IS THE PORTION OF

[00:50:01]

THE SINGLE FAMILY HOME? >> THE REAR PORCH AREA.

WHICH AGAIN IS OBVIOUSLY STRUCTURALLY ARCHITECTURAL ADJOINED TO THE HOUSE. I WILL POINT OVER HERE FOR YOU.

YOU CAN SEE THE PORCH IS THERE. YOU CAN SEE THE LINE HERE.

WE MAY HAVE A ROOF EVE THAT HANGS OVER THE LINE.

THE PORCH ITSELF AS YOU STAND ON THE PORCH JUST COMING OUT OF YOUR HOUSE YOU WILL BE SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE. THAT IMAGINARY LINE.

>> NOT HABITABLE. >> THERE'S A KEY RIGHT THERE.

IS THAT THEY ARE NOT HABITABLE OF THE MAIN HOUSE GOING OVER THE LINE. IT'S EQUIVALENT OF ARCHITECTURAL IMPROVEMENT TO BUILDING. I THINK IF ANYTHING PORTION OF THE HOUSE WERE LOCATED EAST OF THE COASTAL SET BACK LINE, I THINK WE SHOULD DENY IT. ALL OF IT IS LOCATED TO WEST OF THE LINE AND I THINK THE TWO SMALL STRUCTURES THEY COULD BE DESIGNED IN OTHER WAYS. I SUPPORT THE VARIANCE.

>> I'M IN AGREE TOO SO FAR. >> ANY OTHER COMMENTS.

>> I HAVE A QUESTION. >> YES, MEGAN.

>> FOR BRAD. I WASN'T TOTALLY FAMILIAR WITH THE REGULATION GOING FORWARD WITH CONSTRUCTION CONTROL LINE.

I DID GO TO THE STATE WEB SITE TO READ EXACTLY WHAT IT WAS ABOUT. WHAT THEY WERE INTERESTED AND SO ON AND SO FORTH. ONE OF THE THINGSES DISCUSSED.

SWIMMING POOLS, WEIGHING POOLS WATER FALLS, SPAS ARE SIMILAR TYPE WATER STRUCTURE ARE EXTENDIBLE STRUCTURES.

SO IT DOESN'T HAVE IMPACT ON THE SYSTEM ANY ADJOINING MAJOR STRUCTURE OR ANY COASTAL PROTECTION STRUCTURE WITHIN CLOSE PROXIMITY TO SIGNIFICANT DO YOU KNOW SHALL BE ELEVATED EITHER PARTIALLY OR TOTALLY ABOVE THE ORIGINAL GRADE TO MINIMIZE EXCAVATION AND SHALL NOT BLOCK THE MATERIAL FROM THE IMMEDIATE AIR OF THE POOL, ALL POOL SHALL BE DESIGNED TO MINIMIZE PERMANENT EXCAVATION OF THE CONTROL LINE.

ONE OF THE DIFFICULTIES WITH THIS.

WE SHARE THIS DOCUMENT WITH EVERYTHING.

AND BRAD REFERRED TO THAT YOU HAD RECEIVED APPROVAL IN THE STATE. IS THAT TRUE? THAT YOU APPROVAL FROM THE STATE WITH RESPECT TO THE POOL LOCATION? VIS-A-VIS THE POSITION? WITH THE COASTAL CONSTRUCTION CONTROL LINE?

>> I WAS REFERRING TO THE SEAWALL ITSELF.

PART OF OUR DUTY TO DURING THE DESIGN OR CONSTRUCTION, I'M SORRY DURING THE PERMITTING PROCESS OF CONSTRUCTION PLANS TO ALSO GO DEP TO GET REAR YARD ELEMENTS PERMITTED.

BUT AS YOU GO UP AND DOWN. I ALSO BELIEVE THAT IN THAT SAME DEFINITION IT'S SPECIFICALLY SAYS THAT THE COASTAL CONSTRUCTION CONTROL LINE IS NOT A BUILDING RESTRICTION LINE.

THAT'S DEFERRED TO LOCAL JURISDICTION.

LOCAL JURISDICTION IN THIS AREA MADE THE COASTAL CONSTRUCTION LINE THE BRL UNDERLIKE ANY OTHER STRUCTURE IN PONTE VEDRA.

>> THE POINT I WAS TRYING TO CLARIFY WHEN YOU SAID SWIMMING POOLS ARE ALLOWED SEAWARD OF CONSTRUCTION CONTROL LINE, THAT REALLY ISN'T PARLIAMENT OF THE DISCUSSION OF THE COASTAL CONSTRUCTION CONTROL LINE. IF YOU ARE USING THAT BASED ON THE FACT THAT IN GENERAL IN PONTE VEDRA, WE'RE ALLOWED TO PUT POOLS OUTSIDE OF THE BUILDING RESTRICTION LINE.

>> >> NO.

WE'RE NOT ALLOW TO PUT ANYTHING PAST THE BUILDING RESTRICTION LINE. IF YOU GO UP AND DOWN THE BOULEVARD THERE'S MANY HOME BUILT A SINGLE STORY EVEN CURRENT DATE. THERE'S MANY THAT YOU CAN GO UP AND DOWN, 73 PONTE VEDRA IS ONE WHERE IT'S 8 OR 9,000 SQUARE FOOT HOUSE AND THERE'S SIGNIFICANT PORTION OF THE HABITABLE STRUCTURE IS PASSED THE COASTAL CONSTRUCTION CONTROL

[00:55:05]

WE ARE JUST SIMPLY ASKING FOR THE POOL AND THE BACKYARD AREA OF THE PORCH OF THE HOUSE TO BE SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE. MIND YOU THE BUILDING CODE HAVINGS CHANGED DRA MATTE MATTEDCALLY -- HAVE CHANGED DRAMATIC SINCE 1980. THE BUILDING CODE LIGHT YEARS DIFFERENCE THAN WHEN THE ORIGINAL STRUCTURE WAS BUILT HERE. AGAIN I ASK FOR CONSIDERATION OF

APPROVAL. >> I WANT TO BE CLEAR WITH MY FELLOW BOARD MEMBERS THAT THE POOL LOCATION IS NOT AUTOMATICALLY PERMITTED TO BE THERE BY VIRTUAL OF A STATE LAW OR SOME OTHER LAW. IT WOULD BE PERMITTED TO BE THERE BECAUSE OF GENERAL COUNTY REGULATION THAT WE HAVE ALLOWED POOLS OUTSIDE OF THE BUILDING RESTRICTION LINE.

I JUST WANTED TO SAY THAT. FLORIDA STATE HAS LISTED COASTAL CONSTRUCTION CONTROL LINE TO LOCATE THE POOLS.

SEAWARD OF THE LINE. AND EXPRESS CONCERN ABOUT THIS CONSTRUCTION AND MAKE SOME SUGGESTIONS OF HOW THEY SHOULD BE DEALT TO AVOID DAMAGE TO. I WANT TO SHARE WITH THE BOARD

MEMBERS. >>

>> IF NO FURTHER QUESTIONS I WOULD LIKE TO OPEN UP TO PUBLIC COMMENT. AND THANK BRAD FOR -- I THINK I SAW YOU AS PRESENTER. I'M RELIEVED TO KNOW THIS WILL BE A VERY NICE PROFESSIONAL PRESENTATION.

THANK YOU VERY MUCH. >> I WILL LEE MY STUFF HERE UNTIL YOU HAVE QUESTIONS. UNTIL THE Q&A IS OVER.

>> WE'LL OPEN UP TO PUBLIC COMMENT.

WE'LL GIVE A MINUTE HERE FOR THE DELAYS TO MAKE SURE THEY GET

THROUGH. >> WE WILL TURN IT BACK TO THE

BOARD AND WAIT FOR A MOTION. >> I WILL MAKE A MOTION.

>> MOTION TO APPROVAL PVZVAR 2020-05 SNF PONTE VEDRA BOULEVARD LLC SECTION V OO OO OO-D TO ALLOW A PORTION OF THE SINGLE FAMILY HOME ACCESSORY STRUCTURE TO ENCROACH SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE CCCL AND THE SECTION VIII TO REPLACE 6-FOOT HIGH RETAINING WALL EXCEEDING THE FORE-FOOT HEIGHT ALLOWANCE SPECIFICALLY LOCATED TO 932 PONTE VEDRA.

ALL BASED ON THE FACT AND SUBJECT OF THE FINES AS LISTED

IN STAFF REPORT. >> DID THAT INCLUDE THE

CONDITION OF THE FOUR-FOOT WALL? >>.

HE ENHANCED. >> SECOND.

>> I WILL TAKE A VOICE VOTE SINCE NOT EVERYONE IS PRESENT.

I WILL START WITH JOHN LYNCH.

THAT WOULD BE ONE, TWO, FOUR, AND FIVE.

IT'S PASSED. THANK YOU FOR PRESENTATION AND

TIME. >> THANK YOU VERY MUCH.

[Staff Report]

>> IS THERE ANY OTHER STAFF BUSINESS THAT WE NEED TO REVIEW

TODAY? >> JUST A COUPLE OF BRIEF THINGS. FIRST OF ALL LET ME WELCOME MR. KROZIER. WELCOME ABOARD.

AND SECOND THE MEETING FOR OCTOBER WILL BE CANCELLED.

WE DON'T HAVE ANY ITEMS. >> THANK YOU.

[01:00:03]

UP. >> MOTION TO

* This transcript was compiled from uncorrected Closed Captioning.