[00:00:02]
>> WE'LL CALL THE MEETING TO ORDER THEN AT 3:38 PM.
[1. Call Meeting To Order ]
LET'S TAKE ROLL, PLEASE. CATHERINE.[2. Attendance ]
>> COUNCILMAN JOHN PAUL LISTOWSKI WILL NOT BE HERE TODAY.
OUR STAFF PRESENT IS DEVELOPMENT SERVICES DIRECTOR TIM TIETJENS, ASSISTANT DIRECTOR OF HISTORIC PRESERVATION OFFICER CATHERINE GORMAN, ASSISTANT CITY ATTORNEY DONNA FAIRWEATHER, AND ASSISTANT COASTAL RESOURCES MANAGER VIRGY GREB.
YOU ALWAYS CALL US, COMMISSIONER HILL, WHATEVER, I SHOULD STOP CALLING YOU CATHERINE.
I APOLOGIZE. I'D LIKE TO APOLOGIZE.
JUST A FRIENDLY REMINDER, COMMISSIONERS, WE ARE DOWN ONE COMMISSIONER FOR THE TIME BEING, SO IF YOU HAVE ANY CONFLICTS THAT COME UP AND YOU SEE THAT YOU ARE NOT GOING TO BE IN ATTENDANCE AT A MEETING, PLEASE LET US KNOW BEFOREHAND SO THAT WE CAN MAKE SURE THAT WE HAVE A QUORUM AT ALL OF OUR MEETINGS.
NEXT, DO WE HAVE ANY CONFLICTS OF INTEREST AT THIS MEETING, COMMISSIONERS? SEEING NONE, WE'LL MOVE ON.
[4. Meeting Format (Staff) ]
MS. GORMAN, WOULD YOU LIKE TO TALK TO US ABOUT OUR MEETING FORMAT, PLEASE? STANDARD.>> SURE. JUST OUR STANDARD MEETING REMINDERS.
IT'S BEST TO WATCH THE MEETING IN GALLERY VIEW, ALLOWS YOU TO SEE ALL YOUR COMMISSIONERS AT THE SAME TIME.
STANDARD, PUBLIC. THE MEETING IS SHOWN TO THE PUBLIC.
IT'S BEST TO KEEP YOUR MICROPHONE MUTED UNLESS YOU'RE SPEAKING TO CUT DOWN ON BACKGROUND NOISE.
WE ASK THAT YOU PHYSICALLY RAISE YOUR HAND TO GET THE CHAIR'S ATTENTION BEFORE SPEAKING OR MAKING A MOTION.
STAFF IS HERE TO PRESENT THEIR CASES BY PHONE, THE APPLICANTS ARE ALSO HERE BY PHONE, AND WILL BE TAKING THE VOTE BY ROLL CALL.
DO WE HAVE ANY CHANGES, ADDITIONS,
[5. Approval Of Minutes]
CORRECTIONS TO OUR FEBRUARY 2ND MEETING MINUTES? SEEING NONE, WE'LL ADOPT THOSE AS WRITTEN.MS. GORMAN, WOULD YOU LIKE TO START WITH AGENDA ITEM NUMBER 6?
[6. Recognition Of Eugene Cook ]
>> UNFORTUNATELY, WE'VE HAD A RESIGNATION OF COMMISSIONER EUGENE COOK.
HE WAS A PLANNING COMMISSIONER THAT SERVED OUR COMMUNITY STARTING IN JULY OF 2016, HE WAS REAPPOINTED, THEN THE SUMMER OF 2019, HE WAS UNABLE TO COMPLETE THE SERVICE OF THIS TERM.
WE WANTED TO MAKE SURE THAT THE COMMISSION WAS AWARE OF THAT AND TO THANK HIM VERY MUCH FOR HIS YEARS OF SERVICE TO THE COMMUNITY.
>> PERSONALLY, I WOULD LIKE TO THANK EUGENE, COMMISSIONER COOK, FOR HIS SERVICE TO THE CITY AND FOR HIS FRIENDSHIP.
I WOULD PARTICULARLY LIKE TO RECOGNIZE HIS COMMITMENT AND HIS SUSTAINABILITY ON OUR ISLAND AND I HOPE WE CAN KEEP THAT GOING IN SPIRIT FOR HIM AS WE MOVE FORWARD.
BUT WITH THAT BEING SAID, COUNCIL IS IN PROCESS OF FINDING A REPLACEMENT FOR HIM.
DID WE HAVE ANY PUBLIC COMMENT THIS MONTH?
>> NO PUBLIC COMMENT WAS RECEIVED.
>> THANK YOU. WE'LL MOVE ON TO AGENDA ITEM NUMBER 8,
[8. Consent Agenda ]
WHICH IS A CONSENT AGENDA.COMMISSIONERS, WE NORMALLY DO NOT HAVE A CONSENT AGENDA.
IT'S NOT THE WAY WE USUALLY OPERATE ON THE PLANNING COMMISSION, BUT DUE TO THE FREEZE DAYS, SOME OF OUR POSTAL NOTICES WERE DELAYED SO GET READY.
WE'LL HAVE A LONG MEETING NEXT MEETING.
MS. GORMAN, WOULD YOU LIKE TO TAKE THIS FROM HERE?
>> RIGHT. AS CHAIRPERSON HILL WAS SAYING, BECAUSE OF THE STORM AND THE FACT THAT WE HAD TO CANCEL A MEETING, WE HAD TO RE-NOTIFY FOR THESE CASES AND THE NOTICES WE'RE NOT ABLE TO GO OUT IN THE MAIL AND ENOUGH TIME FOR THEM TO BE HEARD TODAY.
WE'RE REQUESTING DEFERRAL FOR CASES 21P-003, 20P-010, AND 21P-011 UNTIL THE MARCH 16TH MEETING.
ITEMS ON THE CONSENT AGENDA DO NOT REQUIRE A PUBLIC HEARING, AND ALL ITEMS CAN BE ACTED UPON UNDER ONE MOTION.
THAT CONCLUDES STAFF'S REPORT.
COMMISSIONERS, DOES ANYONE HAVE ANY QUESTIONS FOR STAFF ON THIS? SEEING NONE, I'LL ENTERTAIN A MOTION.
>> I MAKE A MOTION THAT WE ACCEPT
[00:05:04]
STAFF'S RECOMMENDATION TO DEFER THE ITEMS UNDER THE CONSENT AGENDA.IS THERE ANY DISCUSSION, COMMISSIONERS? ALL RIGHT. THANK YOU. WE'LL HAVE A VOTE NOW, PLEASE.
>> ALL IN FAVOR. THE MOTION PASSES.
>> GREAT. COMMISSIONERS, [NOISE] I THINK WE HAD
[9.B.1 21P-002 (3503 Bernardo De Galvez/Avenue P) Request For Designation As A Galveston Landmark. Property Is Legally Described As M.B. Menard Survey, Part Of Lot 5 And North 82 Feet Of Lots 6 And 7 (1006-2), Northeast Block 86, Galveston Outlots, In The City And County Of Galveston, Texas. Applicant: Allen Budde And Nancy Flint-Budde Property Owners: Same ]
SOME PARTICULARLY INTERESTING LANDMARK DESIGNATION CASES.WE'RE GOING TO TAKE OUR AGENDA SLIGHTLY OUT OF ORDER TODAY AND WE'RE GOING TO HEAR THE TWO LANDMARK DESIGNATIONS FIRST.
MS. GORMAN, ARE YOU READY FOR THAT?
[NOISE] THE FIRST LANDMARK DESIGNATION REQUEST IS 21P-002.
THIS IS 3503 BERNARDO DE GALVEZ ALSO KNOWN AS AVENUE P TO REQUEST FOR DESIGNATION AS THE GALVESTON LANDMARK.
THERE WERE 29 NOTICES SENT, TWO RETURNED, THOSE TWO IN FAVOR.
[NOISE] THE PROPERTY IS KNOWN AS THE FREDERICK K AND LUCY ADELAIDE FISHER HOUSE, AND WAS CONSTRUCTED IN 1888 ON LAND THAT WAS PURCHASED FROM THE GALVESTON CITY COMPANY BY SAMUEL MAY WILLIAMS. MR. WILLIAMS PURCHASED THE NORTHEAST TO SOUTHWEST QUARTERS OF OUTLAWED 86 IN 1840.
THE WILLIAMS FARM LOCATED AT 3601 BERNARDO DE GALVEZ IS ALSO A GALVESTON LANDMARK.
THE LAND CHANGED HANDS SEVERAL TIMES AND WAS SO DIVIDED UNTIL DR. FISHER PURCHASED THE LOT IN 1888 FOR $900.
THE HOUSE WAS CONSTRUCTED BY DR. FISHER AND OWNED FOR OVER 50 YEARS BY THE FISHER FAMILY.
DR. FISHER PRACTICED MEDICINE WITH HIS BROTHER WILLIAM COMPTON FISHER, AND HE ALSO SERVED AS GALVESTON QUARANTINE OFFICER FROM 1888 TO 1890.
OTHER REVIEWS. THE LANDMARK COMMISSION REVIEWED THIS REQUEST AT THEIR MEETING YESTERDAY AND RECOMMENDS APPROVAL.
CITY COUNCIL HAS THE FINAL DECISION REGARDING THE REQUEST FOR A LANDMARK DESIGNATION AND THIS RECOURSE WILL BE HEARD AT THE REGULAR MEETING OF MARCH 25TH.
STAFF IS RECOMMENDING APPROVAL WITH THE STANDARD CONDITION FOR GALVESTON LANDMARK AND WE HAVE SOME PICTURES.
THIS IS THE SUBJECT PROPERTY, AND PROPERTY TO THE NORTH, EAST, AND WEST.
THAT CONCLUDES STAFF'S REPORT.
IF ANYONE DID NOT HAVE A CHANCE TO READ THIS ENTIRE REPORT, I THOUGHT THIS WAS SUPER INTERESTING.
DOES ANYONE HAVE ANY QUESTIONS FOR STAFF ON THIS? SEEING NONE, WE'LL ENTERTAIN A MOTION.
DO WE HAVE THE APPLICANT IN THE MEETING, CATHERINE?
>> WOULD THE APPLICANT LIKE TO ADDRESS THE COMMISSION?
>> I'M HEARING, I CAN ANSWER ANY QUESTIONS.
>> COMMISSIONERS, DOES ANYONE HAVE ANY QUESTIONS FOR THE APPLICANT? SEEING NONE.
AS I SAID, I JUST THINK THIS WAS A REALLY INTERESTING STORY AND I ENJOYED READING IT, AND I'M VERY GLAD THAT YOU HAVE MADE THIS COMMITMENT.
YES, SIR. COMMISSIONER, ANTONELLI.
>> I JUST LIKE TO THANK THE APPLICANT FOR ALL THE WORK THEY'VE PUT INTO THIS AND ALL THE OTHER PEOPLE WHO INVEST IN GALVESTON AND RESTORING OUR HISTORY AND PRESERVING THESE THINGS JUST ADDS EXTRA VALUE TO EVERYBODY ON THE ISLAND.
THANK YOU VERY MUCH FOR ALL YOUR WORK.
>> [OVERLAPPING] THANK YOU IT'S A.
>> PLEASE GO AHEAD I'M SORRY, I INTERRUPTED.
>> I JUST SAID THANK YOU IT'S A PRIVILEGE.
>> ALL RIGHT. COMMISSIONERS, THEN IF WE HAVE NO OTHER QUESTIONS FOR THE APPLICANT, I'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION ON CASE 21P-002.
>> I MOVE THAT WE APPROVE 21P 002.
>> DO I HAVE A SECOND? A SECOND BY COMMISSIONER PENA. THANK YOU, SIR.
DO WE HAVE ANY DISCUSSION, COMMISSIONERS? NO DISCUSSION, SO WE'D LIKE TO HAVE A VOTE, PLEASE, MS. GORMAN.
[00:10:01]
>> ALL IN FAVOR. THE MOTION PASSES.
>> THANK YOU. THAT WAS UNANIMOUS APPROVAL, AND AGAIN, WE APPRECIATE YOUR WORK.
[9.B.2. 21P-006 (2805 Avenue O) Request For Designation As A Galveston Landmark. Property Is Legally Described As M.B. Menard Survey, Part Of Lot 5 And North 82 Feet Of Lots 6 And 7 (1006-2), Northeast Block 86, Galveston Outlots, In The City And County Of Galveston, Texas. Applicant And Property Owner: Brent Robinson And Thurman Nassoly ]
SO NOW LET'S MOVE ON TO 21P-006, PLEASE.IS ALSO A REQUEST FOR DESIGNATION AT THE GALVESTON LANDMARK.
THERE WERE 20 NOTICES SENT, ZERO RETURNS.
[NOISE] THIS HOUSE IS KNOWN AS THE HUTCHINGS SEALY HOUSE.
THE SEALY HUTCHINGS, I'M SORRY, THE HUTCHINGS SEALY HOUSE IS ACROSS THE STREET.
IT WAS CONSTRUCTED IN 1896 BY SEALY H. HUTCHINGS.
SEALY HUTCHINGS, BECAME PRESIDENT OF BALL HUTCHINGS AND COMPANY, WHICH BECAME HUTCHINGS SEALY NATIONAL BANK IN 1930.
HE WAS ALSO PRESIDENT DIRECTOR OF [INAUDIBLE] GALVESTON, FOR THE BUILDING AND LOAN COMPANY, AND THE HUTCHINGS JOINT STOCK ASSOCIATION.
HE WAS DIRECTOR OF THE GULF COLORADO IN SANTA FE RAILROAD AND DIED IN THE HOUSE IN JANUARY OF 1936.
THE SEALY HUTCHINGS HOUSE IS AN EXCELLENT EXAMPLE OF CLEAN AND SINGLE-FAMILY DWELLING WITH CLASSICAL REVIVAL OF DETAILING AND DESIGNED BY NOTED GALVESTON ARCHITECT GEORGE [INAUDIBLE].
THE LANDMARK COMMISSION REVIEWED THE REQUEST YESTERDAY AND RECOMMENDS APPROVAL.
CITY COUNCIL HAS THE FINAL DECISION REGARDING REQUESTS FOR GALVESTON LANDMARK, AND THE REQUEST WILL BE HEARD AT THE REGULAR MEETING OF MARCH 25TH.
STAFF RECOMMENDS APPROVAL WITH THE STANDARD CONDITION FOR [INAUDIBLE] AND WE HAVE THE PICTURES.
THIS IS THE SUBJECT PROPERTY, PROPERTY TO THE NORTH, PROPERTY TO THE EAST, AND PROPERTY TO THE WEST.
THAT CONCLUDES STAFF'S REPORT.
>> THANK YOU VERY MUCH, COMMISSIONERS, DOES ANYONE HAVE A QUESTION FOR MS. GORMAN? SEEING NO QUESTIONS, WE'LL OPEN THE PUBLIC HEARING AT 3:50.
IS THE APPLICANT HERE WITH US ON ZOOM TODAY?
>> YES, I AM HERE, THIS IS THE [INAUDIBLE]
AGAIN, ANOTHER STORY THAT I FOUND FASCINATING AND ENJOYED READING IT SO MUCH, AND THANK YOU ALL FOR REALLY TAKING AN INTEREST IN PRESERVING THIS HISTORY.
DO YOU HAVE ANYTHING THAT YOU WOULD LIKE TO SAY TO THE COMMISSIONERS?
>> JUST THAT IT'S AN HONOR TO BE PART OF THE COMMUNITY AND TO BE RESTORING THIS HOME TO ITS FORMER GLORY.
IF ANYONE HAS ANY QUESTIONS, I'M OPEN TO ANY QUESTIONS.
>> THANK YOU, COMMISSIONERS DOES ANYONE HAVE A QUESTION FOR THE APPLICANT? YES, COMMISSIONER HOLLOWAY.
>> I WOULD LIKE TO THANK THE APPLICANT.
I GO TO [INAUDIBLE] PARK ROUTINELY AND WATCH ALL THE BEAUTIFUL PROGRESS THAT'S BEEN GOING ON ACROSS THE STREET AT THIS BEAUTIFUL HOME.
>> THANK YOU SO MUCH COMMISSIONER HOLLOWAY, WE APPRECIATE THE PAT ON THE BACK BECAUSE IT IS A LABOR OF LOVE.
>> YEAH. OPEN UP ONE WALL AND YOU FIND FIVE MORE THINGS THAT NEED TO BE DONE.
>> YEAH. I JUST WANT TO ALSO PROVIDE MY CONGRATULATIONS AND ENCOURAGEMENT ON THIS [INAUDIBLE].
THIS HOUSE IS ON THE NATIONAL REGISTER AND THE NAMES AND THE FAMILY AND THE HISTORY OF THIS HOUSE AND JUST DOESN'T GET MUCH MORE IMPORTANT FOR GALVESTON THAN THIS.
SO CONGRATULATIONS ON THIS AND THANK YOU.
>> ALL RIGHT COMMISSIONERS THEN, WITH NO FURTHER QUESTIONS, WE WILL CLOSE THE PUBLIC HEARING AT 3:52.
DO WE HAVE A MOTION ON THIS ITEM? I'LL MOVE FOR APPROVAL OF CASE 21P-006, DO WE HAVE A SECOND?
>> THANK YOU VICE-CHAIRPERSON BROWN.
[NOISE] WE HAVE A MOTION IN A SECOND.
DO WE HAVE ANY DISCUSSION? SEEING NO DISCUSSION I'D LIKE TO HAVE A VOTE, PLEASE. MS. GORMAN?
>> ALL IN FAVOR, THE MOTION PASSES.
AGAIN, MAYBE I'M JUST HAVING A SUPER NERD MOMENT, BUT I REALLY ENJOYED THOSE TWO THIS MONTH, CATHERINE. THANK YOU.
[9.A.2. 21P-008 (26019 Flamingo Drive) Request For A Beachfront Construction Certificate/Dune Protection Permit In Order To Construct A Single-Family Dwelling. The Legal Description Of The Property Is Lot 4, Block 1, Pointe West Section 1 (2005), A Subdivision In The City And County Of Galveston, Texas. Applicant: Talasek Builders - Justin Talasek Property Owner: Robert R. And Stephanie Hyatt ]
NOW WE WILL MOVE FORWARD TO OUR NEW BUSINESS AND THE ASSOCIATED PUBLIC HEARINGS ON THOSE BOTH ARE BEACHFRONT CONSTRUCTION PERMITS.[00:15:04]
WE'RE GOING TO TAKE THOSE SLIGHTLY OUT OF ORDER AND WILL DO FLAMINGO DRIVE FIRST CASE 21P-008, PLEASE.>> ALL RIGHT. CAN EVERYONE HEAR ME CLEARLY?
>> YES. THANK YOU [OVERLAPPING].
THIS IS A REQUEST FOR A BEACHFRONT CONSTRUCTION CERTIFICATES SLASH STUDENT PROTECTION PERMIT FOR CONSTRUCTION OF A SINGLE-FAMILY DWELLING.
THE ADDRESS IS 26019 FLAMINGO DRIVE.
THE LEGAL DESCRIPTION OF THE PROPERTY IS LOT FOUR, BLOCK ONE, POINT WEST SECTION ONE, 2005.
THE SUBJECT SITE IS LOCATED IN THE POINT WEST SUBDIVISION.
UNDEVELOPED LOTS ARE LOCATED TO THE NORTH AND EAST.
A SINGLE-FAMILY DWELLING IS LOCATED TO THE WEST OF THE SUBJECT PROPERTY, AND A DUNE SYSTEM AND BEACH AREA ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.
ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF TWO FEET PER YEAR.
PROPOSED CONSTRUCTION OF THE SINGLE-FAMILY DWELLING WITH A FIBER CRATE FOOTPRINT BENEATH THE HABITABLE STRUCTURE AND A FIBER CRATE DRIVEWAY IS APPROXIMATELY 63 FEET FROM THE NORTH TOO OF THE CRITICAL DUNE AREA, 675 FEET FROM THE LINE OF VEGETATION, AND WITHIN THE ENHANCED CONSTRUCTION ZONE.
THIS IS LANDWARD OF THE DUNE PROTECTION LINE AND WITHIN THE PLANNING COMMISSION REVIEW AREA.
ACCORDING TO THE APPLICATION MATERIALS, THE PROPOSED CONSTRUCTION ACTIVITIES APPEAR TO BE LANDWARD OF DUNES AND DUNE VEGETATION.
THEREFORE, NO MITIGATION ACTIVITIES ARE PROPOSED.
PAGES 2, 3, AND 4 OF THE STAFF REPORT SUMMARIZE THE APPLICANT'S PROPOSED CONSTRUCTION.
STAFF FINDS THE REQUEST PARTIALLY CONFORMS TO THE CITY OF GALVESTON DUNE PROTECTION AND BEACH ACCESS PLAN AND EROSION RESPONSE PLAN.
THE PROPOSED CONSTRUCTION IS NOT LOCATED AS FAR LANDWARD AS [INAUDIBLE].
IT DOES NOT MEET THE STANDARDS PROVIDED IN THE CITY OF GALVESTON EROSION RESPONSE PLAN.
SECTION FIVE AND CHAPTER 31 OF THE TEXAS ADMINISTRATIVE CODE, RULE 15.6B.
PLEASE SEE ATTACHMENT C FOR THE PROPOSED DRAWINGS.
STAFF RECOMMENDS CONDITIONS OF APPROVAL FOR CASE 21P 008, STAFF REPORT PAGES FOUR THROUGH SIX LIST THE CONDITIONS OF APPROVAL.
SPECIFIC CONDITIONS ARE NUMBERED ONE THROUGH 10, AND STANDARD CONDITIONS FOR A BEACHFRONT CONSTRUCTION CERTIFICATES SLASH STREAM PROTECTION PERMIT, ARE NUMBERED 11 THROUGH 16, AND STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR REVIEW.
THIS IS AN AERIAL MAP OF THE SUBJECT PROPERTY, AND THE SUBJECT PROPERTY IS HIGHLIGHTED WITH A YELLOW BORDER.
THIS IS THE SURVEY OF THE LOT WITH ALL OF THE BEACH FRONT DELINEATIONS.
THIS IS THE SITE PLAN WHICH INDICATES THE PROPOSED CONSTRUCTION IN RELATION TO THE BEACH FRONT DELINEATIONS.
THESE ARE THE ELEVATION. NEXT SLIDE, PLEASE.
WE HAVE PHOTOS TAKEN FROM THE LOT, LOOKING NORTH, LOOKING SOUTH, LOOKING EAST, AND LOOKING WEST AND THEN WE HAVE ONE MORE FINAL SLIDE FROM THE LINE OF VEGETATION, AND THAT CONCLUDES THE STAFF REPORT.
>> GREAT. THANK YOU VERY MUCH, VIRGIE.
COMMISSIONERS. YES, MS. HOLLOWAY, BEFORE I COULD EVEN ASK WHO HAS QUESTIONS FOR STAFF, COMMISSIONER HOLLOWAY?
>> I JUST WANT TO CLARIFY SOME OF THE INFORMATION THAT'S PRESENTED IN THE CASE REPORT VIRGIE.
ON PAGE TWO, THERE'S A LITTLE TABLE THAT SHOWS THE STRUCTURES DISTANCE FROM THE NORTH [INAUDIBLE] DUNE, AND ALSO FROM THE LINE OF VEGETATION.
NORTH [INAUDIBLE] THE DUNE IS 63 FEET, LINE OF VEGETATION IS 675 FEET.
CAN I CONSTRUE FROM THAT TABLE THAT THE DUNE FIELD IS IN EXCESS OF 600 FEET? SIX HUNDRED FEET DEEP?
>> IF YOU LOOK AT THE PHOTO AND THE SITE PLAN, OR RATHER THE SURVEY, IT DELINEATES THE PROPERTY.
AS YOU CAN SEE FROM THE AERIAL, THE NEIGHBORHOOD HAS PUT UP A FENCE TO KEEP ANY BUILDING FROM THE THRIVING DUNE FIELD, WHICH IS SOUTH OF THE SUBDIVISION.
>> IT'S A VERY DEEP DUNE FIELD, SO THAT WITH AN EROSION RATE OF TWO FEET PER YEAR,
[00:20:01]
THIS PROPERTY IS FAIRLY PROTECTED.>> YES. THEY HAVE A VERY CONSISTENT, THRIVING, STRONG DUNE SYSTEM FOR THAT NATURAL FORM OF PROTECTION.
>> THANK YOU. THAT'S WHAT I WANTED TO CLARIFY.
>> GREAT. VICE CHAIRPERSON BROWN.
>> YOUR RECOMMENDATION TO MOVE THE HOUSE FURTHER LANDWARD, AND THE SURVEY THAT HAS THE ANOMALOUS OR BEEN ON SITE PLAN THAT HAS THE HOUSE LOCATED ON THE LANDWARD BUILDING LINE IS NOT CALLED OUT, BUT IT LOOKS LIKE THE HOUSE MAY BE ABOUT 20 FEET SEAWARD OF THE LANDWARD BUILDING LAND.
THAT IS, IF THEY WERE GOING TO MOVE THE HOUSE FURTHER LANDWARD, THEY COULD MOVE IT ABOUT 20 FEET BEFORE THEY BUMP UP AGAINST THE NORTH BUILDING LINE.
>> SO IS YOUR RECOMMENDATION THAT THEY DO THAT, THAT MOVES UP ABOUT 20 FEET TO THE NORTH?
>> THIS IS A STANDARD COMMENT FOR BEACHFRONT CONSTRUCTION IN RESPONSE TO THE EROSION RESPONSE PLAN TO HAVE PROPERTIES MOVED AS LANDWARD AS PRACTICABLE.
THERE HAVE BEEN INSTANCES WHERE APPLICANTS HAVE MOVED IT ALL THE WAY TO THE BUILDING LINE OR THEY'VE COME BACK, REVISE THEIR PLANS AND MOVED IT MORE LANDWARD, NOT NECESSARILY ALL THE WAY TO THE BUILDING LINE, BUT CLOSER THAN WHAT WAS ORIGINALLY PROPOSED.
>> SO YOUR RECOMMENDATION THEN DOESN'T SPECIFY HOW FAR THEY MOVE IT LANDWARD, JUST THAT THEY MOVE IT LANDWARD?
>> CORRECT. THAT'S UP TO THE PLANNING COMMISSION'S REVIEW AND CONSIDERATION OF APPROVAL, IF YOU'D LIKE TO STATE IT BE TO THE BUILDING LINE OR JUST CLOSER.
>> OKAY. IS THERE ANY DIRECTION THAT YOU CAN GIVE US IN TERMS OF HOW FAR IT MOVE IT, LANDWARD?
>> I'VE SEEN BOTH CASES APPROVED EITHER ALL THE WAY TO THE BUILDING LINE OR WITHIN A CERTAIN AMOUNT OF FEET, JUST AS LONG AS IT'S MOVED AS LANDWARD AS PRACTICABLE.
>> GENERALLY, BOB, I THINK WHAT WE DO IS GIVE STAFF SOME LEEWAY THERE TO WORK THAT OUT WITH THE APPLICANT.
WE HAVE BUT WE DON'T NORMALLY DESIGNATE EXACTLY HOW FAR WE WANT THEM TO MOVE IT, BUT WE JUST GIVE STUFF A LITTLE LEEWAY TO WORK WITH THE APPLICANT ON THAT.
IF WE HAVE THIS SPECIFIC CONDITION IN THERE, WE ARE DIRECTING STAFF TO GET IT MOVED FARTHER INWARD.
IT LOOKS LIKE, IF THEY DID GET ANYWHERE CLOSE TO THE LANDWARD BUILDING LINE, THEN WE'D STILL HAD MAYBE 20 FEET OR SO DRIVEWAY BEFORE THE [INAUDIBLE].
>> THAT'S PART OF THE TRADE OFF THAT GIVE STAFF A LITTLE BIT OF LEEWAY ON IS HOW MUCH CONCRETE THEY WANT TO HAVE IN THAT FRONT YARD WHILE STILL MAINTAINING THE 15 PERCENT REQUIRED TO LET THE APPLICANT HAVE THEIR PARKING AND TO GIVE THE HOUSE AS MUCH PROTECTION AS IT CAN GET.
>> I SEE A LITTLE LANDSCAPES CIRCLE RIGHT IN THE MIDDLE THERE.
LOOKS LIKE THEY HAVE SOME LANDSCAPE SET ASIDE ON THE SIDE YARD AS WELL, WHERE THEY HELP THEM MAKE THAT 15 PERCENT.
>> RIGHT. THEY WOULD CONSIDER THAT AND DOING THAT.
HAVE I SPOKEN OUT OF TURN AT ALL ON THAT VIRGIE?
>> NO, THAT WAS FANTASTIC RENDITION.
THANK YOU, COMMISSIONER. [LAUGHTER]
>> THAT SOUNDS GOOD TO ME. THANKS.
>> COMMISSIONERS, DOES ANYONE ELSE HAVE ANY QUESTIONS FOR STAFF? [NOISE] COMMISSIONER ANTONELLI, IF YOU HAD YOUR HAND UP, I SAW YOU BEFORE COMMISSIONER [INAUDIBLE]
>> COMMISSIONER [INAUDIBLE] THEN.
>> SORRY, PUSHING THE WRONG BUTTON.
FOR THE FIRST TIME I'VE SEEN WHERE THE REQUIREMENTS SAYS YOU COULD CONCEIVABLY MOVE THE STRUCTURE.
IS THAT NEW? I HAD IT IN FRONT OF ME AND THEN I MOVED IT.
SO MY QUESTION IS I'VE NEVER SEEN THAT BEFORE.
THEN THE OTHER DEAL IS THEY DO HAVE A VERY LARGE DUNE FIELD THERE [INAUDIBLE] , I MEAN, IT'D BE NICE IF IT LOOKED LIKE THAT FROM ONE END TO THE OTHER, THE DUNES THERE ARE VERY NICE, A PLUS FOR THEM.
I WOULD HOPE ANY REQUEST MOVING FURTHER INLAND, THAT WOULD BE CONSIDERED.
I THINK THIS IS ON THE GLO COMMENTS, IT MIGHT BE ON THE CITY ONE AS WELL,
[00:25:02]
BUT I'VE NEVER SEEN THAT BEFORE, MY QUESTION IS, IS THAT SOMETHING THAT'S NEW?>> NO. THAT'S NOT A NEW ROLE, THAT'S PART OF THE TEXAS ADMINISTRATIVE CODE, AND IT'S IN TITLE 31 CHAPTER 15, RULE 15.6 B.
THAT IS SOMETHING THAT THE CITY AND STATE FOLLOW AND SOMETHING THAT THE CITY HAS ADOPTED THROUGH SECTION 2990.
>> JUST A QUESTION. THANK YOU.
>> WE SEE A PRETTY MUCH EVERY TIME, COMMISSIONER WALLA.
IF NOTHING ELSE, IS TO MAKE SURE EVERYBODY PUTS A SECOND SET OF EYES ON IT, JUST TO MAKE SURE IT'S EVERYTHING. [OVERLAPPING]
>> THE FIRST TIME I NEVER NOTICED THAT, AND I WAS LIKE THAT'S INTERESTING.
I DIDN'T KNOW THAT WAS A NEW ROLE AT ALL.
>> I'M SORRY, DID THAT TAKE CARE OF EVERYTHING FOR MR. [INAUDIBLE]? GOOD. COMMISSIONER PENA?
>> ANOTHER QUESTION OR COMMENT ABOUT THAT VEGETATION SLASH DUNE BEING THAT THAT'S SO EXPANSIVE.
DOES THAT HAVE ANY CONSIDERATION INTO THE RECOMMENDATION OF PUSHING THAT BUILDING AS CLOSE TO THE BUILDING LINE AS POSSIBLE, OR IS THAT JUST A STANDARD BOILERPLATE RECOMMENDATION FOR BUILDING ON BEACH FIRM?
IT'S A STANDARD COMMENT FOR ANY CONSTRUCTION WITHIN 1000 FEET OF THE MAIN HIGH TIDE.
>> WHICH IS WHY PERSONALLY COMMISSIONER PENA, I FIND IT USEFUL TO GIVE STAFF LEEWAY TO WORK ON THAT AND NEGOTIATE THAT WITH THE APPLICANT.
BECAUSE THEY ARE BOOTS ON THE GROUND, AND THEY SEE A LOT OF THESE IN A LOT MORE DETAIL THAN WE DO.
THEY ALSO ARE PRIVY TO WHATEVER CONVERSATIONS THEY HAVE HAD WITH THE APPLICANT ALONG THE WAY DURING THIS PROCESS.
WE ARE JUST ASKING THEM TO MAKE SURE THAT IT IS AS FAR LANDWARD AS POSSIBLE, AND IF IT IS NOT TO SKOOCH IT BACK JUST A LITTLE BIT MORE, SKOOCH IT BACK JUST TAKE A WHOLE HOUSE AND MOVE IT [LAUGHTER].
DO WE HAVE ANY OTHER QUESTIONS FOR STAFF BEFORE WE MOVE TO THE PUBLIC HEARING? WE'LL OPEN THE PUBLIC HEARING AT 4:05 ON CASE 21P-00A, IS THE APPLICANT WITH US?
>> OKAY JUSTIN, WE'RE GLAD TO HAVE YOU WITH US TODAY.
DO YOU HAVE ANYTHING THAT YOU WOULD LIKE TO TELL THE COMMISSION, OR BASED ON THE CONVERSATION THAT YOU'VE BEEN HEARING OR ANY OTHER ITEMS THAT YOU'D LIKE FOR US TO KNOW ABOUT ON THIS PROJECT, PLEASE, SIR?
>> NO, I REALLY BELIEVE, LIKE YOU SAID YOU INVITED COMMENTS FOR SPOT ON, SO THIS DUNE IS WELL-PROTECTED WITH THE FENCE IN THE NEIGHBORHOOD.
YOU GUYS WERE REALLY SPOT ON WITH A DETAILED COMMENT.
I AM HERE TO ANSWER QUESTIONS IF NECESSARY, BUT YOU GUYS REALLY SHOULD PUT EVERYTHING IN PERSPECTIVE AND WE'RE A 100 PERCENT ACCURATE ON THE DETAILS, I APPRECIATE YOUR TIME.
>> THANK YOU VERY MUCH, COMMISSIONERS, DOES ANYONE HAVE A QUESTION OR MR. TELLESI? YES, SIR COMMISSIONER ANTONELLI.
>> MR. TELLESI THIS IS COMPLETELY UNRELATED TO THIS CASE.
ARE YOU ANY RELATION TO RICHARD TELLESI?
>> WELL, HE'S A FRIEND OF MINE THROUGH SCOUTING AND I ADMIRE HIM VERY MUCH, SO IF YOU SEE HIM PLEASE GIVE HIM MY BEST.
>> I SURE WILL. I'LL WRITE IT DOWN AND I'LL MAKE SURE TO DO THAT.
>> I LOVE THAT BEING IN A SMALL BUT NOT SMALL TOWN.
[LAUGHTER] COMMISSIONERS DOES ANYONE ELSE HAVE A QUESTION FOR MR. TOLLASIC? OKAY. GREAT. THANKS AGAIN FOR BEING WITH US TODAY.
IF WE HAD NO OTHER PUBLIC COMMENT, WHICH WE DID NOT, WE'LL CLOSE THE PUBLIC HEARING AT 4:07 AND WE'LL ENTERTAIN A MOTION NOW ON CASE 21P-0008, COMMISSIONER WALLA.
>> I TAKE A MOTION THAT WE APPROVE 21P-0008 WITH CONDITIONS AS SPECIFIED IN THE STANDARD FORM.
>>THANK YOU. DO WE HAVE A SECOND? SECOND FROM COMMISSIONERS PENA.
COMMISSIONERS DO WE HAVE DISCUSSION? WE'RE A QUIET BUNCH TODAY.
I SEE NO DISCUSSION AMONG THE COMMISSION AT THIS POINT, SO WE WILL TAKE THE VOTE THEN PLEASE.
[00:30:01]
>> ALL IN FAVOR AND THE MOTION PASSES.
>> THANK YOU. WE'RE JUST A LITTLE UNANIMOUS GROUP TODAY.
NOW WE WILL MOVE ON TO CASE 20P-045 ON SAND DOLLAR BEACH, PLEASE.
[9.A.1. 20P-045 (12119 Sand Dollar Beach Dr.) Request For A Beachfront Construction Certificate/Dune Protection Permit In Order To Construct A Single-Family Dwelling And Perimeter Fence. The Legal Description Of The Property Is Lot 10, Sand Dollar Beach (2017), A Subdivision Located In The City And County Of Galveston, Texas. Applicant: Sandpiper Homes, Inc., Kyle Hockersmith Property Owner: Robert & Ramona Thibeault ]
THIS IS A REQUEST FOR A BEACH FRONT CONSTRUCTION CERTIFICATES/STUDENT PROTECTION PERMIT FOR CONSTRUCTION OF A SINGLE-FAMILY DWELLING AND PERIMETER FENCE.
THE ADDRESS IS 12119, SAND DOLLAR BEACH DRIVE.
THE LEGAL DESCRIPTION OF THE PROPERTY IS LOT 10 SAND DOLLAR BEACH 2017.
THE SUBJECT SITE IS LOCATED IN THE SAND DOLLAR BEACH SUBDIVISION, UNDEVELOPED LOTS ARE LOCATED TO THE EAST AND WEST, FM 3005 IS LOCATED TO THE NORTH, AND A PARTIAL DUNE SYSTEM AND BEACH AREA ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.
ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF 8-9 FEET PER YEAR.
PROPOSED CONSTRUCTION OF THE SINGLE-FAMILY DWELLING WITH A FIBER CREEP FOOTPRINT AND DRIVEWAY IS APPROXIMATELY 21.5 FEET FROM THE NORTH OF THE CRITICAL DUNE AREA, 39.3 FEET FROM THE LINE OF VEGETATION AND WITHIN THE ENHANCED CONSTRUCTION ZONE.
THE PROPOSED DECK IS APPROXIMATELY 12 FEET FROM THE NORTH OF THE CRITICAL DUNE AREA, 34 FEET FROM THE LINE OF VEGETATION AND WITHIN THE ENHANCED CONSTRUCTION ZONE.
THIS IS SEAWARD OF THE DUNE PROTECTION LINE WITHIN THE DUNE CONSERVATION AREA AND WITHIN THE PLANNING COMMISSION REVIEW AREA.
CITY AND STATE STANDARDS REQUIRE THE APPLICANT TO SUBMIT AN EXEMPTION REQUEST FOR CONSTRUCTION AND THE DOOM CONSERVATION AREA DCA, AND A COMPREHENSIVE MITIGATION PLAN FOR PROPOSED CONSTRUCTION.
THE APPLICANT SUBMITTED A REQUEST FOR AN EXEMPTION FOR CONSTRUCTION IN THE DCA AND COMPREHENSIVE MITIGATION PLAN FOR PROPOSED CONSTRUCTION.
STAFF FINDS A PROPOSED CONSTRUCTION DOES NOT MEET THE STANDARDS FOR AN EXEMPTION TO BUILD IN THE DCA DUNE CONSERVATION AREA.
STAFF FINDS THE APPLICANT DOES NOT MEET THE FOLLOWING CRITERIA PROVIDED IN SECTION 4 OF THE CITY OF GALVESTON EROSION RESPONSE PLAN IN ORDER TO AMEND EXISTING REGULATIONS TO ALLOW FOR AN EXEMPTION FROM THE PROHIBITION ON CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA.
THAT IS FOR PROPERTIES WHICH THE OWNER HAS DEMONSTRATED TO THE SATISFACTION OF THE CITY THAT THERE IS NO PRACTICABLE ALTERNATIVE TO CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA.
FOR THE PURPOSES OF THIS ERP, PRACTICAL MEANS AVAILABLE AND CAPABLE OF BEING DONE AFTER TAKING INTO CONSIDERATION EXISTING BUILDING PRACTICES, CITING ALTERNATIVES AND THE FOOTPRINT OF THE STRUCTURE IN RELATION TO THE AREA OF THE BUILDING PORTION OF THE LOT, AND CONSIDERING THE OVERALL DEVELOPMENT PLAN FOR THE PROPERTY.
THE PROPOSED CONSTRUCTION IS NOT LOCATED AS FAR LANDWARD AS PRACTICABLE, THE PROPOSED CONSTRUCTION OF A DECK AND THE DUNE CONSERVATION AREA IS AVOIDABLE IN ORDER TO MINIMIZE ADVERSE IMPACTS TO DUNE TO DUNE VEGETATION AND ALLOW NATURAL DUNE FLUCTUATIONS, MIGRATION, AND RECOVERY FOLLOWING COASTAL STORM EVENTS.
THE TEXAS ADMINISTRATIVE CODE DOES NOT DEFINE A DECK AS NECESSARY FOR HABITATION.
THE TEXAS ADMINISTRATIVE CODE, RULE 15.238 DEFINES A HABITABLE STRUCTURE AS THE AREA OF A LOT COVERED OR BY A STRUCTURE USED OR USABLE FOR HABITATION.
THE HABITABLE STRUCTURE PERIMETER FOOTPRINT DOES NOT INCLUDE INCIDENTAL PROJECTING EAVES, BALCONIES, GROUND LEVEL PAVING, LANDSCAPING, OPEN RECREATIONAL FACILITIES OR OTHER SIMILAR FEATURES.
PROPOSED CONSTRUCTION IS LOCATED IN AN AREA WHERE CONSISTENT DUNE SYSTEM IS NOT PRESENT DUE TO IMPACTS FROM HURRICANE LAURA AND TROPICAL STORM BETA.
THE TEXAS ADMINISTRATIVE CODE RULE 15.6F5 STATES, "IF NO DUNES EXIST, PLACEMENT OF FIBER CREEP MAY ONLY BE UNDERTAKEN, CONSTRUCTED, AND LOCATED AT LEAST 100 FEET LANDWARD OF THE LINE OF VEGETATION OR LANDWARD OF AN ERODING AREA BOUNDARY ESTABLISHED IN THE LOCAL DUNE PROTECTION IN [INAUDIBLE] AS PLANNED WHICHEVER DISTANCE IS GREATER." GRAVEL OR CRUSHED LIMESTONE MAY BE USED TO STABILIZE DRIVEWAYS IN THE AREA 50 FEET LANDWARD OF THE LINE OF VEGETATION TO THE DUNE PROTECTION LINE.
PAGES TWO THROUGH FIVE OF THE STAFF REPORT SUMMARIZE THE APPLICANTS PROPOSED CONSTRUCTION.
STAFF RECOMMENDS CONDITIONS OF APPROVAL FOR CASE 20P045.
STAFF REPORT PAGES FIVE THROUGH SEVEN LIST THE CONDITIONS OF APPROVAL.
SPECIFIC CONDITIONS ARE NUMBERED ONE THROUGH 13, AND STANDARD CONDITIONS FOR A BEACH FRONT CONSTRUCTION CERTIFICATE/TEAM PROTECTION PERMIT ARE NUMBERED 14 THROUGH 19.
STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR REVIEW.
[NOISE] THIS IS A PHOTO OF THE SUBJECT PROPERTY.
[00:35:06]
NEXT SLIDE, PLEASE. THIS IS AN AERIAL MAP OF THE LOTS WHICH IS HIGHLIGHTED WITH THE YELLOW BORDER.NEXT SLIDE, PLEASE. HERE WE HAVE THE SURVEY.
THEN THE SURVEY TO THE RIGHT JUST ALSO SHOWS THE EXISTING CONTOURS OF THE LOT AND ALL THE BEACH FRONT DELINEATIONS ARE PRESENT.
NEXT SLIDE, PLEASE. THIS IS THE SITE PLAN. NEXT SLIDE, PLEASE.
WE HAVE THE RIGHT AND FRONT ELEVATION.
THEN WE HAVE PHOTOS OF THE LOT LOOKING NORTH, LOOKING SOUTH, LOOKING EAST, AND LOOKING WEST.
THEN I BELIEVE WE HAVE ONE FINAL SLIDE FROM THE LINE OF VEGETATION.
THE FIRST SLIDE YOU CAN SEE THE BOLLARDS WHERE THERE WAS AN EXISTING DUNE SYSTEM PRIOR TO THE STORMS AND HURRICANES SEASON.
THEN THE SECOND PHOTO IS JUST WHEN YOU STEP LANDWARD OF THE BOLLARDS LOOKING TOWARDS THE PROPERTY.
I BELIEVE THAT CONCLUDES STAFF REPORT.
>> GREAT. THANK YOU VERY MUCH FOR THAT REPORT VERGE.
WE'RE GOING TO START WITH COMMISSIONER QUESTIONS OF STAFF.
WE'RE GOING TO GO WITH COMMISSIONER HOLLOWAY FIRST, VICE CHAIRPERSON BROWN, SECOND. COMMISSIONER HOLLOWAY.
>> VERGE I AM GOING TO ASK YOU THE SAME QUESTION I ASKED YOU ON THE PRIOR CASE.
ON THAT TABLE THAT SHOWS THE DISTANCE BETWEEN THE STRUCTURES, DISTANCE FROM THE NORTH TO THE DUNES IS 21.5 FEET.
THE PROPOSED STRUCTURES DISTANCE FROM THE LINE OF VEGETATION IS 39.3 FEET.
I'M CONSTRUING FROM THAT DUNE FIELD IN THIS AREA IS LESS THAN 20 FEET.
THE AREA THAT YOU SHOWED US DOESN'T SEEM TO REPRESENT THE CURRENT CONDITION.
DO YOU KNOW WHEN THIS AERIAL WAS TAKEN?
WE USE THE GIS AERIAL IMAGERY THAT'S AVAILABLE.
THAT AERIAL IMAGERY IS FROM 2020 PRIOR TO THE STORM SEASON.
>> THE WEST END IS STILL UNDER AN EMERGENCY RESTORATION EFFORT.
IS THAT TRUE OR CAN YOU EXPOUND UPON THAT A LITTLE BIT? I GUESS MY QUESTION IS TO YOU, IS THIS PARTICULAR SUBDIVISION UNDERGOING ANY TYPE OF RESTORATION, DOING RESTORATION PLANNING OR PLANS?
>> THIS SUBDIVISION DID APPLY FOR EMERGENCY DUNE RESTORATION.
EXCUSE ME. WE HAVE APPROVED THAT EMERGENCY DUNE RESTORATION.
WE HAD TO HAVE ALL OF THOSE APPROVED BY THE DATE GIVEN BY THE GENERAL LAND OFFICE.
THEY WERE APPROVED, WE HAVEN'T RECEIVED ANY COMMUNICATION IF THE PROJECT HAS STARTED, WE WILL BE ASKING FOR PROGRESS REPORTS AS PER THE CONDITIONS OF THOSE AUTHORIZATION LETTERS.
>> CAN YOU TELL US WHAT THAT MEANS AS FAR AS RESTORATION? I MEAN, WHAT ARE THE PLANS?
>> THE EMERGENCY DUNE RESTORATION APPLICATIONS.
THOSE WERE ONLY FOUR AREAS THAT WERE IMPACTED FROM THE STORM.
YOU COULD ONLY REPLACE DUNES THAT EXISTED PRIOR TO THE STORM.
IF YOU WANTED TO BUILD A LARGER DUNE SYSTEM OR DUNES THAT DIDN'T EXIST PRIOR TO THE STORM, THAT WAS NOT SOMETHING THAT COULD BE APPROVED UNDER THE EMERGENCY DUNE RESTORATION APPLICATION, THAT WOULD HAVE TO BE APPLIED FOR UNDER A STANDARD BEACH FRONT APPLICATION.
THE DUNE AREA THAT WAS IMPACTED DUE TO THE STORMS, THE SUBDIVISION HAS APPLIED FOR DUNE AUTHORIZATION TO RE-ESTABLISH WHAT WAS PREVIOUSLY EXISTING, AND THAT AUTHORIZATION WAS APPROVED AND I'LL HAVE TO LOOK AT THE TIMELINE.
THERE'S A CERTAIN TIMELINE OF WHEN THAT HAS TO BE COMPLETE, BUT WE'RE GETTING TO THE POINT WHERE IT'S MID TIME FOR THE PROGRESS REPORT TO BE TURNED IN.
>> NOTHING HAS HAPPENED YET ON THIS PARTICULAR SUBDIVISION?
WE CAN PUT THIS ON ANOTHER AGENDA AND COME BACK AND REVISIT THAT IF THAT'S SOMETHING.
[00:40:02]
>> I'M JUST CURIOUS BECAUSE, WHY? I'M LOOKING AT INFORMATION IN THIS CASE REPORT THAT'S TELLING ME THAT WE SUFFERED 20 FOOT VEGETATIVE BURN.
I'M NOT EVEN ON CALL IT A DAY AT THE MOST.
ALTHOUGH WE HAVE A RESTORATION PLAN THAT IS NOT YET UNDERWAY, AND THIS AREA IS EXPERIENCING EIGHT TO NINE FEET OF EROSION PER YEAR ON AVERAGE.
THAT TELLS ME THAT YOU HAVE A SPECIFIC CONDITION, IN THE CASE REPORT ABOUT STRUCTURES ENDING UP ON THE BEACH FRONT AND HOW THEY SHOULD BE BUILT SO THAT THEY CAN BE RELOCATED OFF THE BEACH.
I'M LOOKING AT THIS THINKING, WELL, IF THIS WERE THE CASE, THIS STRUCTURE IS GOING TO END UP ON THE BEACH FRONT SOONER RATHER THAN LATER AND THAT'S MY CONCLUSION.
I'M NOT GOING TO ASK YOU IF YOU CONCUR WITH THAT, BUT I'M JUST POINTING OUT THE INFORMATION THAT'S AVAILABLE HERE IN THE CASE REPORT.
BUT THANK YOU FOR YOUR INFORMATION.
>> THANK YOU, COMMISSIONER HOLLOWAY, VICE-CHAIR PERSON BROWN.
>> I HAVE SEVERAL QUESTIONS, PLEASE BEAR WITH ME.
MY FIRST ONE IS ABOUT RECOMMENDATION NUMBER FOUR.
IT SAYS PROPOSED CONSTRUCTION LOCATED IN AN AREA WHERE A CONSISTENT DUNE IS NOT PRESENT, PLACEMENT OF FIBERCRETE MAY ONLY BE UNDERTAKEN, CONSTRUCTED, AND LOCATED AT LEAST A 100 FEET LANDWARD AS A LINE OF VEGETATION.
MY QUESTION IS, IS THERE A DUNE HERE OR NOT IN YOUR ESTIMATION? BECAUSE A PICTURE IS, IT DOESN'T LOOK LIKE A DUNE AND THAT REALLY MAKES A BIG DIFFERENCE IN TERMS OF WHAT THEY CAN BUILD THERE, WHERE THEY CAN BUILD IT.
>> WE CAN ONLY BASE OUR REVIEW ON THE SURVEY BY A LICENSED SURVEYOR AND WHAT THAT SURVEY INDICATES, WE USE THE SURVEY THAT'S PROVIDED IN THE PACKET TO BASE THE RULES AND REGULATIONS TO REVIEW.
WHERE THERE'S A PRESENCE OF A DUNE, THOSE APPLY, WHERE THERE'S NOT A PRESENCE OF A DUNE THOSE RULES.
>> LOOKING AT THE SURVEY, IT LOOKS LIKE THEY HAVE A PORTION OF THE DUNE INDICATED ON THE EAST SIDE IN FRONT OF THE PROPERTY, BUT MOST OF THEM IN FRONT OF THE PROPERTY DOESN'T SEEM TO BE A DUNE PERIOD ON SURVEY.
>> WE BASE EVERYTHING OFF THE SURVEY BY THE LICENSE SURVEYOR.
>> IF I'M LOOKING AT THE SURVEY, I'M SEEING THAT MOST OF THE PROPERTY IN FRONT OF THAT SURVEY HAS NO DUNE. IS THAT RIGHT?
>> CORRECT. YOU CAN SEE WHERE THE DUNE IS INDICATED ON THE EAST SIDE OF THIS SURVEY.
>> THEREFORE, IF I'M LOOKING AT A CONDITION NUMBER FOUR, THEY CAN'T PUT ANY FIBER GROUP UNDERNEATH THEIR BUILDING IF IT'S LESS THAN A 100 FEET FROM THE LANDWARD SIDE OF THE LINE OF VEGETATION.
>> IT WOULD HAVE TO MEET ALL APPLICABLE RULES AND REGULATIONS.
>> THAT'S THE WAY I'M READING IT, 100 FEET FROM THAT LAND OF VEGETATION WITH ANYWHERE.
A 100 FEET FROM THAT LAND OF VEGETATION CANNOT HAVE ANY FIBER GROUP ON IT AND THAT COVERS JUST ABOUT THE ENTIRE FOOTPRINT OF THAT HOUSE.
THAT'S WHAT I'M SEEING. IS THAT WHAT YOU ALL SEE ALSO? BECAUSE LOOKING AT THE SURVEY, THE LINES OF VEGETATION, WELL, YOU'VE GOT IT RIGHT HERE.
YOU SAY THE LINE OF VEGETATION IS ONLY 34 FEET.
I'M NOT SURE HOW YOU GOT THAT.
WELL, I ADDED UP THE NUMBERS, A LOT OF VEGETATION FROM THE SURVEY IS ABOUT 10'8" PLUS 26'2" PLUS 15 FEET, WAS ABOUT 52 FEET.
THEN THAT'S ABOUT WHERE THE HOUSE STARTS.
SO ALL UNDER THAT HOUSE, THEY'RE NOT GOING TO BE ABLE TO HAVE ANY [INAUDIBLE] , IT LOOKS LIKE TO ME.
>> [OVERLAPPING] THE SURVEYOR HAS THE DISTANCES LISTED ON THE SURVEY TOWARDS THE BOTTOM LEFT,
[00:45:02]
THE DISTANCE FROM THE CORNER FROM THE 75 FOOT OFFSET, NORTH TOUR OF THE DUNE, SOUTH TOUR OF THE DUNE, SO ON AND SO FORTH.>> OKAY. I WAS LOOKING AT THE PLAN THEY CALL SITE PLAN, CES PLAN, WHERE HE HAS THE DIMENSIONS INDICATED BETWEEN EACH LINE, BETWEEN THE VEGETATION LINE AND THE 200 FOOT OFFSET NORTH OF THE DUNE.
IT'S THE ONLY ONE THAT'S GOT THE 15-FEET INDICATED.
BUT MY POINT IS, I JUST WANT TO MAKE SURE THAT THE APPLICANT KNOWS AND EVERYBODY ELSE KNOWS THAT ACCORDING TO WHAT THE CONDITION NUMBER 4 IS, THERE'S NOT GOING TO BE ANY [INAUDIBLE] UNDERNEATH THIS HOUSE.
THAT'S ONE THING. A COUPLE OF OTHER THINGS; THE SITE PLANS SEEM TO BE A LITTLE BIT INCONSISTENT BETWEEN WHAT THEY SHOW.
THERE SEEMS TO BE A NOTCH IN THAT BALCONY OR THOSE DECKS ON THE WATERSIDE THAT'S NOT SHOWN ON THE GROUND FLOOR PLAN OR ON THE ELEVATIONS.
I'M NOT SURE WHAT'S GOING ON THERE.
ALSO ON THE LANDWARD SIDE, THERE SEEMS TO BE TWO DIFFERENT STAIR CONFIGURATIONS.
THAT MAKES A DIFFERENCE BECAUSE IT COULD BE ONE OF THOSE STAIR CONFIGURATIONS MIGHT MAKE IT POSSIBLE TO MOVE THAT HOUSE FURTHER BACK LANDWARD THAN THE OTHER.
>> THESE ARE GREAT QUESTIONS FOR THE APPLICANT, THIS IS THE APPLICATION THEY WOULD LIKE TO MOVE FORWARD WITH.
WE'VE BEEN WORKING WITH THE APPLICANT SINCE JULY, SO I BELIEVE THE APPLICANT IS ON THE LINE AND CAN SPEAK TO THAT.
>> HERE'S ANOTHER ONE ON THEIR FOUNDATION PLAN OR WHAT THEY CALL A CONCRETE LAYOUT.
THEY'RE SHOWING A REINFORCED CONCRETE GRADE BEAM AND REINFORCED CONCRETE AROUND EACH PIER.
FROM WHAT I UNDERSTAND, THAT'S NOT ALLOWED. IS THAT RIGHT?
>> IT WOULD HAVE TO MEET ALL THE REQUIREMENTS OF THE RULES THAT APPLY.
>> YEAH. OKAY. WAY I UNDERSTAND IT YOU'RE NOT ALLOWED TO PUT ANY REINFORCED CONCRETE OF ANY KIND, WHETHER IT'S A SLAB OR PERIMETER BEAM OR ANYTHING ELSE.
IF IT'S GOT STEEL IN IT, IT'S NOT ALLOWED.
>> REINFORCED CONCRETE IS ONLY PERMITTED IF YOU'RE MORE THAN 200 FEET FROM THE LINE OF VEGETATION.
>> OKAY. THEN THEY HAVE ANOTHER PLAN CALLED THEY'RE PAVING PLAN, [NOISE] AND THAT SHOWS PAVING, I GUESS THE WIDTH OF THE BUILDING LINE.
THEN THEY HAVE A FIVE-FOOT SIDE YARD SETBACK.
I'M JUST WONDERING IF THAT FIVE-YARD SETBACK IS GOING TO BE SUFFICIENT FOR THEIR 15 PERCENT OPEN SPACE OR 50 PERCENT OPEN AN UNIMPROVED AREA OR DO THEY NEED TO DO MORE TO REDUCE THAT?
>> TO ME IT LOOKS LIKE FIVE FEET BOB, NOT FIVE YARDS?
>> YEAH, FIVE FEET ON THE SIDE YARD. [INAUDIBLE]
>> VIRGIE, DID YOU MEASURE THAT OUT?
>> I WILL GO THROUGH IT AND LOOK AT MY NOTES.
I'M LOOKING REALLY QUICK. THANK YOU.
>> ONE OTHER THING, THE OWNER'S LETTER INDICATES, IT LOOKS LIKE THIS IS CORRECT FROM THERE.
HE'S ENCROACHING 6 1/2 FEET INTO THE DUNE CONSERVATION AREA, AND THAT'S WHAT THEY WANT AN EXEMPTION FOR.
BUT I THINK STEPH IS SAYING THAT, I THINK THAT THIS IS CORRECT, IF THE HOUSE IS MOVED FURTHER BACK, THAT WOULD MITIGATE THAT 6 1/2 FOOT ENCROACHMENT.
IS THAT WHAT YOU'RE THINKING, STEPH?
>> BY MOVING THE STRUCTURE MORE LANDWARD, IT WOULD HELP ALLEVIATE ANY CONSTRUCTION WITHIN THAT DUNE CONSERVATION AREA.
>> OKAY. IT LOOKS LIKE IT WILL BE POSSIBLE TO MOVE THAT HOUSE BACK IF THEY RECONFIGURED THAT STAIR.
THAT GOES BACK TO THE TWO DIFFERENT SITE PLANS.
ONE HAVING A SHORT STAIR AND ONE HAVING A LONGER STAIR, WHICH WE CAN GET INTO WIDTH THE OTHERS.
>> OKAY. GREAT. ANYTHING ELSE VICE CHAIR BROWN?
>> NO, THAT'S IT. THANK YOU FOR YOUR INDULGENCE.
>> OKAY. I'VE GOT A COUPLE OF QUESTIONS, PLEASE.
I WAS OUT AT THE SITE THIS MORNING.
COULD WE GO TO THE PHOTOGRAPHS THAT YOU HAVE FOR THIS? COULD WE GO BACK TO THOSE.
I'M NOT SURE, I SAW A DATE ON ONE OF THESE SURVEYS THAT SHOWED THAT THEY WERE FAIRLY RECENTLY.
I'M TRYING TO FIGURE OUT WHAT THE SURVEYOR,
[00:50:02]
NOT YOU, NOT WE, WHAT THE SURVEYOR IS CALLING A DUNE? IF YOU LOOK IN THE PHOTO THAT IS MARKED EAST, WOULD THAT BE THIS LITTLE VEGETATED PART THAT STICKS OUT ABOUT HALFWAY UP THE PHOTO?>> IF YOU LOOK AT THE PHOTO, THE SOUTH PHOTO, YOU CAN SEE WHERE THAT VEGETATION IS.
THEN BEYOND THAT, THERE IS A SMALL MOUND THAT I BELIEVE THE SURVEYOR IS REFERENCING AS THE DUNE ON THE SURVEY.
>> OKAY. PERSONALLY, I WOULD CALL IT A VEGETATED BUM.
THIS IS NOT A HEALTHY AND THRIVING DUNE SYSTEM.
IT IS NOT WHAT WE JUST SAW IN THAT LAST CASE.
DURING THE COASTAL STORM EVENTS, VIRGIE, THAT WE HAD THIS LAST SUMMER.
HOW MUCH SAND DID THEY LOSE? HOW MANY FEET WERE WASHED AWAY IN THIS PARTICULAR AREA?
>> I DON'T HAVE THE EXACT NUMBER OF FEET AND I DON'T WANT TO MISSPEAK ON THAT, BUT AS YOU CAN SEE FROM THE FINAL PHOTO OF THE LINE OF VEGETATION WHERE THOSE BOLLARDS WERE OR WHERE THE BALLADS ARE, THE DUNE SYSTEM, IT WAS A HEALTHY DUNE SYSTEM, WENT ALL THE WAY TO THOSE BOLLARDS.
THE DUNE STOPPED AT THE BOLLARDS.
THIS IS A DRIVE ON BEACH ACCESS, SO CARS PARK AT THE BOLLARDS ON THE BEACH SIDE AND THE DUNE SYSTEM REACHED ALL THE WAY TO THE LENGTH OF THOSE BOLLARDS.
I'M SURE YOU PROBABLY SAW IN YOUR VISIT THIS MORNING, WHERE THE EXISTING WALK-OVERS ARE, THOSE ONES WERE WALK-OVERS OVER A DUNE SYSTEM THAT IS NO LONGER PRESENT.
>> IF WE COULD GO BACK TO A PHOTOGRAPH, PLEASE, THAT SHOWS THE WALK-OVER BECAUSE I KNOW YOU HAVE SOME OF THOSE.
THAT WALK OVER THIS IN THE PICTURE MARKED WEST, THAT WAS A DUNE UNDER THERE?
>> CORRECT. DUNE WALK-OVERS HAVE TO BE A CERTAIN HEIGHT ABOVE THE DUNES.
BY LOOKING AT THAT DUNE WALK-OVER, IT INDICATES THE HEIGHT AND LENGTH AND WIDTH OF THE DUNE SYSTEM THAT EXISTED PREVIOUSLY BEFORE THE STORM AS ALSO ON THE AERIAL PHOTO AT THE BEGINNING OF THE PACKET.
>> IN MY NICE LITTLE CPA QUANTITATIVE TERM, WHEN I ASK ABOUT HOW MUCH SAND WAS WASHED AWAY IN THE COASTAL STORM EVENT, WE'RE GOING TO GO WITH SOMETHING SUPER DEFINITIVE AND SAY A LOT.
>> IT WAS A SIGNIFICANT IMPACT.
>> THEN HERE'S MY OTHER QUESTION.
I'M ALWAYS TRYING TO EDUCATE MYSELF ABOUT THESE AND I HAVE SOMETHING TO LEARN AT EVERY MEETING.
BUT IN OUR PRIOR CASE, THERE'S LANGUAGE THAT'S USED THAT SAYS THE DUNE PROTECTION LINE IS THE AREA WITHIN 25 FEET LANDWARD OF THE NORTH TOWER OF THE CRITICAL DUNE AREA, OR WITHIN 200 FEET LANDWARD OF THE LINE OF VEGETATION FOR THOSE BEACH AREAS WHERE NO DUNES EXIST, WEST OF THE TERMINUS OF THE SEAWALL.
THERE'S A HUGE PART OF ME THAT THINKS THAT WE HAVE NO TRUE LINE OF VEGETATION, THAT WE HAVE NO DUNE EXISTING THERE.
WOULDN'T WE HAVE TO GO 200 FEET LANDWARD OF THE LINE OF VEGETATION, AT LEAST IN MY MIND, UNTIL THIS DUNE SYSTEM IS REBUILT UNDER THE EMERGENCY DUNE RESTORATION PLAN? CAN YOU TELL WHAT I'M THINKING HERE, VERGY (PHON), AND TELL ME WHY I'M WRONG?
>> WE HAVE TO BASE EVERYTHING OFF OF THE CURRENT TOPOGRAPHIC SURVEY.
THAT'S WHY THE SURVEYS ARE A CRUCIAL PART OF THE REVIEW PROCESS AND THAT'S WHY THEY HAVE TO BE WITHIN A THREE MONTH PERIOD.
BECAUSE WE DO HAVE A STORM SEASON, IT'S A VERY DYNAMIC BEACH ENVIRONMENT AS WE CAN TELL FROM WHAT HAPPENS THIS SEASON IN THE PHOTOS.
THIS SITE PLAN, THIS SURVEY, IS THE SURVEY THAT WE'RE USING TO BASE ALL THE RULES AND REGULATIONS FROM.
IF THE APPLICANT WANTED TO REAPPLY AND COME BACK AFTER A DUNE SYSTEM HAS BEEN CONSTRUCTED AND CERTIFIED BY THE CITY AND STATE, THAT IS SOMETHING THAT THEY COULD DO WITHIN THAT PROCESS.
BECAUSE EVERYTHING HAS TO BE BASED OFF OF CURRENT SITE CONDITIONS,
[00:55:01]
NOT WHAT MAY HAPPEN IN THE FUTURE OR WHAT WAS IN THE PAST, BUT CURRENT SITE CONDITIONS.THAT ALL HAS TO BE DELINEATED BY A LICENSED SURVEYOR.
>> WHAT YOU'RE SAYING IS THAT YOUR LICENSED SURVEY OR IS TELLING YOU THAT AS OF DECEMBER 14TH OF '20, THERE IS A LITTLE SMALL DIDN'T PATCH THERE, AND SO THEN YOU'RE BASING EVERYTHING OFF THAT LITTLE, WHAT THEY'RE CALLING A DUNE AND WHAT I'M CALLING A VEGETATED BUMP, RIGHT?
>> CORRECT. WE BASE EVERYTHING OFF THAT SURVEY.
>> ALL RIGHT. THANK YOU. COMMISSIONERS, WHO ELSE HAS A QUESTION FOR VERGY? COMMISSIONER BROWN, VICE-CHAIR BROWN?
>> WELL, THERE STILL SEEMS TO BE SOME AMBIGUITY IN MY MIND ABOUT WHETHER THERE'S A DUDE THERE OR NOT, BECAUSE THE SURVEY DOES SHOW THERE'S A PIECE OF IT.
MAYBE ONE 1/4 OF THE PROPERTY IN FRONT OF THE APPLICANT'S PROPERTY HAS A DUNE.
DOES THAT MEAN WE INTERPRET THAT ENTIRE PIECE OF PROPERTY AS HAVING A DUNE? I'M A LITTLE BIT STILL CONCERNED ABOUT THE AMBIGUITY OF THE DUNE QUESTION.
>> THE DUNE IS AS WHERE IT'S INDICATED ON THE SURVEY.
WE CAN ONLY REVIEW ON THE SURVEY OF THE CURRENT SITE CONDITIONS AND WHAT IS STATED ON THAT SURVEY.
>> I THINK, VERGY, WHAT VICE-CHAIR BROWN IS ASKING YOU IS, THE DUNE ONLY COVERS ABOUT, SAY, 1/3 OF THE PROPERTY.
YOU'RE MEASURING FROM THE DUNE INTO THE LOT AT THAT POINT.
BUT THE 2/3 OF THE LOT HAS NO DUNE.
HOW DID YOU CORRECTLY MEASURE FOR THAT PART OF THE PROPERTY IF THE BULK OF THE PROPERTY HAS NO DUNE?
>> THAT'S WHY THE LANGUAGE IS IN THERE THAT STATES IF THERE IS NO PRESENCE OF DUNE SYSTEM, THIS IS HOW YOU PROCEED.
THAT WAY IT COVERS ALL THE BASES OF WHERE DUNES ARE PRESENT, WHAT THE RULES AND REGULATIONS ARE WHEN A DUNE IS NOT PRESENT.
>> SEE, THAT JUST CONFUSES ME BECAUSE I UNDERSTAND HOW THAT 100-FOOT WHEN THERE IS NO DUNE HOW THAT APPLIES FOR THE FIBER CREEK.
BUT IT SEEMS THAT IF THERE IS NO DUNE PRESENT, WE'RE FIGURING OUT WHERE THE FIBER CREEK CAN GO AND NOT GO, THEN THE NO DUNE PRESENT WOULD APPLY FOR THAT 200-FOOT RULE THAT WE HAVE FOR EVERY PROPERTY.
I'M CONFUSED ABOUT HOW WE ARE SAYING WE HAVE NO DUNE FOR FIBER CREEK, YET WE'RE SAYING WE HAVE DUNE FOR ESTABLISHING THE DUNE CONSERVATION AREA.
DO YOU UNDERSTAND MY CONFUSION, VERGY?
>> WHEN THERE IS NO PRESENCE OF A DUNE SYSTEM ITS THE RULE THAT APPLIES WITH THE 200 FEET LANDWARD OF THE LINE OF VEGETATION.
ANYTHING SEAWARD ABOUT 200 FEET WOULD BE A NO PAVING AREA.
THIS IS WHAT'S ENCOUNTERED IN OTHER AREAS WHERE THERE IS NOT A DUNE SYSTEM, AND THAT IS THE DELINEATION THAT SURVEYORS WILL MARK ON THE SURVEY.
WHERE IS THAT 200 FOOT MARK, SO THAT WE CAN BASE THE RULES AND REGULATIONS OFF OF THAT WHEN THERE IS NO PRESENCE OF A DUNE SYSTEM.
>> I'M SORRY, I GUESS I'M JUST THICK ON THIS, BECAUSE I'M HEARING WHAT YOU'RE SAYING AS IT RELATES TO PAVING, BUT I'M STILL LOOKING AT THE 200-FEET LANDWARD OF THE LINE OF VEGETATION AS A STEP WHERE THERE'S NO DUNE AS ESTABLISHING THE DUNE PROTECTION LINE. PERIOD.
>> CORRECT. THAT WOULD BE THE DUNE PROTECTION LINE IN THE PRESENCE OF NO DUNE.
ANYTHING SEAWARD ABOUT 200 FEET, THAT DUNE PROTECTION LINE WOULD BE A NO PAVING AREA.
>> WOULDN'T IT BE MORE THAN NO PAVING?
>> THERE WOULD BE OTHER RULES AND REGULATIONS AS WELL, BUT THAT'S HOW THAT DUDE PROTECTION LINE IS DELINEATED WHEN THERE ARE NO PRESENCE OF DUNES.
BECAUSE THERE ARE AREAS OF THE WEST END THAT ARE BEACHFRONT PROPERTIES, BUT THERE ISN'T A PRESENCE OF DUNES OR DUNE VEGETATION DUE TO THE STORM, DUE TO DIFFERENT REASONS, EACH CASE IS CASE-BY-CASE.
BUT WE HAVE WORKED WITH PROPERTIES WHERE THAT IS THE SITUATION.
WE'VE HAD CALLS WITH THE GLO, AND WHEN THERE ARE NO PRESENCE OF DUNES OR DUNE VEGETATION, IT'S THAT 200 FOOT MARK.
>> I JUST FEEL LIKE WE'VE GOT AT LEAST 2/3 OF THE PROPERTY THAT'S NOT COVERED BY A DUNE WHICH GIVES ME PAUSE.
[01:00:02]
COMMISSIONERS, ANYONE ELSE HAVE A QUESTION? I'VE BEATEN THAT TO DEATH. COMMISSIONER, [INAUDIBLE].I SEE THAT THE APPLICANT HAS SUBMITTED AN EXEMPTION REQUEST, AND IN IT, THEY'RE PRESENTING A PAVING PLAN, A GRADING PLAN, AND A SITE PLAN.
ON THE GRADING PLAN, AS I'M LOOKING AT IT, THEY ARE PROPOSING NEW CONTOURS AND THEY'RE GOING TO GRADE THE PART OF THE PARCEL SO AS TO ELEVATE IT TO 10.5 FEET.
MY QUESTION IS, IF THE APPLICANT IS NOT SUPPOSED TO BE AFFECTING THE HYDROLOGY AND THE DRAINAGE, DO WE HAVE A DRAINAGE PLAN THAT GOES WITH THIS NEW CONTOUR? THE REASON I ASKED THAT IS BECAUSE THEY ARE AFFECTING A TOPOGRAPHIC CHANGE HERE.
DO WE RECEIVE A DRAINAGE PLAN WITH THE APPLICATION?
>> I'LL GO THROUGH THE ORIGINAL DOCUMENTS, BUT TYPICALLY I INCLUDE THAT, BUT LET ME CHECK IN THEIR ORIGINAL DOCUMENT.
I'M NOT SEEING ONE IN MY FILES AT THIS TIME, IN THE CASE FILE.
>> THANK YOU. THANK YOU, VIRGIE.
>> OKAY. COMMISSIONERS, IS ANYONE ELSE HAVE A QUESTION FOR STAFF? YES, SIR. COMMISSIONER WALLA.
>> I HAD TO CHARM IN HERE, BUT I DO HAVE A QUICK QUESTION.
I'VE NOTICED THAT THIS IS A RELATIVELY OLD CASE NUMBER.
HAS THIS CASE BEEN KICKED AROUND.
I'M JUST TRYING TO FIGURE OUT WHAT'S TAKEN IT SO LONG TO GET TO THIS FORM?
>> THE APPLICATION WAS FIRST SUBMITTED IN JULY AS A BEACHFRONT CONSTRUCTION CERTIFICATE, BUT IT WAS STILL WITHIN THE PLANNING COMMISSION REVIEW AREA, SO IT WAS SENT BACK TO THE APPLICANT.
WE RECEIVED ADDITIONAL SUBMITTALS WHERE ADDITIONAL APPLICATION MATERIALS WERE NEEDED THAT ARE REQUIRED FOR THE REVIEW PROCESS IN SEPTEMBER AND NOVEMBER, TWO IN DECEMBER, TWO IN JANUARY, UNTIL WE HAD COMPLETE APPLICATION FOR THE REVIEW.
FOR OUR REVIEW AS CITY STAFF, FOR THE GENERAL LAND OFFICE REVIEW TO PRODUCE A COMMENT LETTER, AND THEN FINALLY FOR THE PLANNING COMMISSION REVIEW AND CONSIDERATION OF APPROVAL.
>> HERE'S WHAT I SEE. I SEE THIS AS YOU HAVE A LAUNDRY LIST OF SPECIFIC CONDITIONS IN AN EFFORT TO TRY AND HELP THESE PEOPLE OUT.
I'M GOING TO TELL YOU MY HAT IS OFF TO YOU FOR DOING THAT BECAUSE IT'S A LOT EASIER TO SAY NO THAN TO TRY AND HELP THESE PEOPLE.
I THINK THAT STAFF HAS MADE AN EFFORT HERE TO SAY, "HEY, WE'LL RECOMMEND IT, BUT YOU NEED TO DO THIS LAUNDRY LIST OF DIFFERENT THINGS." HAVE YOU HAD ANY OTHER CONVERSATIONS? I MEAN, I KNOW THAT THEY'RE ON THE PHONE, BUT I MEAN, THEY HAVE A BUNCH OF PROBLEMS WITH THIS.
I'M JUST CURIOUS, STAFF IS SAYING, "HEY, WE RECOMMENDED." IT'LL JUST BE NICE TO HAVE THE APPLICANT UNDERSTAND THAT THEY'RE BRINGING THIS BEFORE PLANNING COMMISSION, WITH A BUNCH OF WARPS ON IT AND I HATE SEEING THEM DO THAT.
IT APPEARS TO ME THAT YOU'RE TRYING TO HELP THEM.
I DON'T KNOW IF THIS IS A WIN-WIN FOR ANYBODY.
I JUST REALLY SPOT A QUESTION THAN A COMMENT.
>> I THINK THAT THE FACT THAT WE HAD THREE STORMS CERTAINLY DIDN'T HELP SPEED THIS ALONG COMMISSIONER WALLA, YOU KNOW, IT MADE IT A TALK ABOUT A DYNAMIC SITUATION.
IT WAS A DYNAMIC SITUATION ON STEROIDS FOR THIS PARTICULAR BEACH THAT WAS SO SIGNIFICANTLY IMPACTED.
I THINK WE CAN GET SOME MORE COMMENTS ON THAT FROM THE APPLICANT HERE IN JUST A SECOND.
[01:05:03]
IS THAT'S OKAY WITH YOU?>> OKAY. I APPRECIATE YOUR COMMENDATION OF STAFF BECAUSE I THINK THEY REALLY HAVE PUT A LOT INTO THIS ONE TOO.
ANY OTHER QUESTIONS FOR STAFF BEFORE WE MOVE ON TO OUR PUBLIC HEARING? ALL RIGHT.
WE'LL OPEN THE PUBLIC HEARING ON CASE 20 P-045 AT 4:43 P.M.
I BELIEVE OUR APPLICANT IS ON THE LINE.
>> COMMISSIONER HILL, MAY I JUST CLARIFY REALLY QUICK.
THE DUNE PROTECTION LINE IS BASED OFF 200 FEET FROM THE L-O-V WHEN THERE'S NO PRESENCE OF DUNES, BUT PAVING OF FIBERCRETE CAN BE LOCATED AT LEAST A 100 FEET LANDWARD IN THAT SITUATION.
I JUST WANTED TO CLARIFY THAT.
IT'S JUST, WHAT DOES PRESENCE OF A DUNE MEAN IN MY VIEW, IS WHERE MY QUESTION IS.
>> NO PROBLEM. I JUST WANTED TO MAKE SURE THAT IT'S SO MUCH INFORMATION AND A LOT OF DETAIL, [OVERLAPPING] BUT I JUST WANTED TO MAKE SURE I CLARIFIED THAT, NO. [LAUGHTER].
>> IT IS A LOT. IF IT'S A LOT FOR YOU AND YOU DEAL WITH IT EVERY DAY.
YES, I APPRECIATE YOU POINTING THAT OUT.
>> OKAY. WE HAVE THE APPLICANT ON THE LINE.
WE HAVE THE APPLICANT AND THE PROPERTY OWNER.
KYLE, I THINK YOU'RE HERE AS THE APPLICANT.
WHAT A WAY TO WELCOME YOU INTO YOUR FIRST PLANNING COMMISSION.
>> WOULD YOU LIKE TO LEAVE SOME COMMENTS, PLEASE, SIR?
>> WELL, THANK YOU ALL VERY MUCH.
I APPRECIATE ALL THE CONVERSATION THAT HAS HAD ON THIS PARTICULAR APPLICATION.
I'VE BEEN TRYING TO MAKE GOOD NOTES, SO I'LL GO THROUGH BY RESPONSES TO WHAT I WROTE DOWN AND IF I MISSED ANYTHING, PLEASE INTERRUPT ME AND WE'LL TRY TO GET IT COVERED.
IT IS MY UNDERSTANDING THAT THE ENTIRE SUBDIVISION HAS APPLIED FOR A DUNE RESTORATION, AND THEY HAVE HELD AT LEAST ONE MEETING, TO MY KNOWLEDGE, DISCUSSING THE COST, SCOPE, AND SCHEDULING OF IMPLEMENTATION OF THE DUNE RESTORATION.
I HAVE ADVISED THE OWNER OF THIS PROPERTY, AS WELL AS OTHER PARTS IN THE SUBDIVISION, THAT IT IS IN THEIR BEST INTERESTS FOR LONG-TERM PROPERTY PRESERVATION TO DO SO, TO RESTORE THE DUNES, AND DO IT AS QUICKLY AS ABLE TO BE DONE.
I HAVE NO REASON TO BELIEVE THAT, THAT WILL NOT BE COMMENCED AND COMPLETED.
THE COMMUNITY DOES HAVE ALLOWANCE THAT'S BEEN SET ASIDE FOR EMERGENCY DURING REGISTRATION, RESTORATION, EXCUSE ME, THAT WILL HELP WITH SOME OF THE COSTS, NOT ALL OF THE COSTS.
I THINK ONE OF THE COMMISSIONERS DID BRING UP THE DISTANCE FROM THE LINE OF VEGETATION AS MEASURED FROM THE STRUCTURE, DEPENDING ON WHICH SIDE OF THE PARCEL YOU'RE LOOKING AT.
IT IS IN THE REALM OF 50-70, LET'S SEE.
YOU'RE ABOUT 54 ON THE WEST SIDE AND SLIGHTLY LESS ON THE EAST SIDE.
THAT'S HOW THE RULES, AS I HAVE READ, ARE ASKING IT TO BE LISTED AS THE DISTANCE FROM THE LINE OF VEGETATION TO THE STRUCTURE.
THERE WAS A QUESTION BROUGHT UP ABOUT THE PORCH NOTCH.
WHAT WE'RE TRYING TO SHOW HERE IS ON DIFFERENT LEVELS, LIKE THE GROUND FLOOR PLAN IS GOING TO SHOW THE ENTIRE PORCH THAT'S OVERHEAD.
AT THAT LEVEL, THE PORCH IS CONTINUOUS ALL THE WAY ACROSS FROM LEFT TO RIGHT.
IF YOU'RE AT GROUND LEVEL LOOKING UP, IF YOU'RE ON THE FIRST-FLOOR PORCH, THE REASON THERE'S A NOTCH THERE IS THAT THE PORCH IS NOT COVERED ON THE SECOND FLOOR.
I GUESS THE EASIEST WAY TO SAY IT IS, THE PORCH IS PARTIALLY COVERED AND PARTIALLY UNCOVERED ON THE SECOND-FLOOR PORCH.
THAT'S WHY THE DRAWING IS SHOWN IN THAT NATURE.
WE HAVE HAD A NUMBER OF ITERATIONS.
THE CLIENT REQUESTED A FORMAL STAIRWAY TO ENTER THE PROPERTY, WHICH IS WHY WE HAVE DONE THAT STYLE, LIKE A [INAUDIBLE] DIAL STAIRWAY.
THAT WAS THE CLIENT'S REQUEST.
GIVEN THE ELEVATION OF THE GROUND AND THE ELEVATION ABOVE BASELINE ELEVATION, WE HAD TO HAVE A CERTAIN NUMBER OF STEPS TO MAKE THE ACCESS ONTO THE FIRST FLOOR.
WITH THE NUMBER OF ITERATIONS THAT WE HAVE HAD WITH THE COASTAL RESOURCES DIVISION.
WE MOVED THE STRUCTURE AS FAR NORTH AS WE COULD AND SHORTENED THE STAIRWAY AS MUCH AS WE COULD BY CHANGING THE CONFIGURATION.
[01:10:04]
BUT WITHOUT A LOT OF REDESIGN OF THE ENTIRE STRUCTURE, THERE REALLY IS NO WAY TO MOVE IT FURTHER NORTH.THE FOUNDATION PLAN, AGAIN, WE HAVE HAD, IF I COULD THINK OUT LOUD, PROBABLY FIVE OR SIX DIFFERENT FULL RESUBMISSIONS WHERE INFORMATION WAS REQUESTED FROM COASTAL RESOURCES DIVISION.
I SENT THE INFORMATION BACK WITH CORRECTIONS.
ONE OF THOSE RESUBMISSIONS, THEY NOTED THE REINFORCED CONCRETE IN SEVERAL DIFFERENT SECTIONS OF OUR STANDARDIZED FOUNDATION PLANS.
WE WENT THROUGH AND MODIFIED ALL OF THAT TO SAY, "NON REINFORCED AND FIBERCRETE," AND RESUBMITTED ALL THAT BACK.
THE MOST UP-TO-DATE SUBMISSION SHOULD HAVE THAT LISTED AS, "NO REINFORCED CONCRETE ON THE SITE." WHILE WE WERE TALKING, I DID SOME QUICK CALCULATIONS AND IF YOU JUST LOOK AT THE SITE YARDS, THE 5' BY 115 FEET ON EACH SIDE, WE'RE A LITTLE BIT OVER 20 PERCENT OF THE TOTAL PARCEL AREA.
INCLUDING THE AREA TO THE REAR WHERE WE WILL BE AN EXCESS OF 20-25 PERCENT OF UNIMPROVED PERVIOUS SURFACE FOR THE LOT.
WE DISCUSSED THE ABILITY TO MOVE THE STRUCTURE FORWARD.
I WOULD BE MORE THAN HAPPY TO TRY TO VISIT WITH THE CLIENT TO FIND A SOLUTION THAT ALLOWS US TO TRY TO SHIFT IT FORWARD, LOOKING TO TRY TO SHIFT IT FORWARD, THE ENTIRE 6'6, AS SHOWN ON THE SITE PLAN, MAY BE DIFFICULT TO DO.
IT WOULD REQUIRE QUITE A BIT OF REDESIGN OF THE ENTIRE STRUCTURE, THEREFORE, CHANGING THEIR PLAN FOR IMPROVEMENT.
WHEN YOU LOOK AT THE OTHER PROPERTIES THAT ARE ALREADY CONSTRUCTED IN THIS NEIGHBORHOOD, WHAT WE ARE PROPOSING IS CONSISTENT WITH WHAT'S ALREADY BEEN DONE IN THE NEIGHBORHOOD, AND TO MOVE IT FORWARD NOW, WITH A DUNE RESTORATION PERMIT ALREADY IN PLACE, IT WOULD LOOK VERY FUNNY FOR THAT COMMUNITY TO HAVE HOUSES THAT ARE ADVANCED, AND THIS IS NOT THE ONLY VACANT PROPERTY.
THERE ARE 6-8 OTHER VACANT LOTS IN THIS SUBDIVISION THAT WILL BE DEVELOPED AT A SEEM TO BE SHORT TIME.
IF WE START MOVING ALL THESE HOUSES FORWARD, IT'S GOING TO HAVE WHAT I WOULD THINK AS A NEGATIVE IMPACT TO THE LOOK AND FEEL OF THE COMMUNITY, ESPECIALLY ONCE THE DUNES ARE RE-ESTABLISHED AS HAS BEEN PERMITTED.
LASTLY, THERE IS A DRAINAGE PLAN ON FILE.
THE VAST MAJORITY OF THE FLOW IS GOING TO THE NORTH, TO THE EXISTING AND CONSTRUCTED DRAINAGE STRUCTURES AT THE ROAD SAND DOLLAR BEACH DRIVE.
AS IT'S SHOWN IN OUR GRADING PLAN, WE SPECIFICALLY SHOWED THE CONTOUR LINES, SO THAT EVERYBODY WAS AWARE OF WHERE WE ARE PLACING FILL AND WHERE WE ARE NOT GOING TO PLACE FILL, AS WE ARE AWARE THAT THERE ARE SOME RESTRICTIONS ON PLACING FILL SOUTH OF THE CRITICAL DUNE LINE.
AS WITH ANY CONSTRUCTION ON THE WEST END, WE ELEVATE SOME AROUND THE PAD, AND MAINTAINED DRAINAGE PATTERNS THAT ARE CONSISTENT WITH WHAT'S ALREADY BEEN HAPPENING ON THE PROPERTY OR SIGNIFICANTLY IMPROVED.
THAT IS TYPICALLY TO TAKE IT TO THE SIDE DRAWN LINE, AND THEN FOLLOW THE SIDE DRAWN LINE TO EITHER DIRECTION WHEREVER THE DRAINAGE INFRASTRUCTURE IS EXISTING.
MOST CASES THAT'S TO A BAR DITCH OR TO A CURB AND GUTTER AT THE ROAD.
WITH THAT, I WROTE DOWN HERE WORKS ON OUR CASE.
WE SUBMITTED THIS APPLICATION MONTH AND A HALF, I BELIEVE, BEFORE WE HAD THE STORMS COME THROUGH.
WE WERE IN THE PROCESS OF GETTING REVIEW COMMENTS BACK WHEN THAT HAPPENED.
EVERY TIME WE RECEIVE REVIEW COMMENTS BACK, I WOULD SEND RESPONSES AS PROMPTLY AS POSSIBLE BACK TO THE COASTAL RESOURCES DIVISION, AND WE WOULD THEN WAIT OUR PERIOD OF TIME TO GET COMMENTS BACK AND THERE WOULD BE ADDITIONAL COMMENTS REQUIRED.
THIS ACTION OF REVIEW, REVISE, SUBMIT, REVIEW, REVISE, SUBMIT HAS BEEN THE SONG AND DANCE WHICH MAKES IT LOOK LIKE IT'S A ISSUE ON SOMEBODY'S PART.
BUT REGARDLESS, WE'RE TRYING TO MOVE THIS FORWARD.
AGAIN, WHAT WE'RE ASKING IS VERY INFORM INCONSISTENCY WITH WHAT'S ALREADY BEEN DONE IN THAT COMMUNITY IN THE PAST.
>> THANK YOU. [NOISE] I HOPE I'M NOT CUTTING YOU OFF.
[01:15:02]
IS THAT EVERYTHING THAT YOU WANTED TO JUST SAY, MR. HARPER SMITH?>> YEAH. NO, THAT'S FINE AND I'M HERE FOR FOLLOW-UP AND OTHER QUESTIONS, BUT YES, I COVERED MY LIST.
COMMISSIONERS. YES, I SEE COMMISSIONER HALLWAYS HAND UP.
COMMISSIONERS NOW, IF YOU WANT TO FORMULATE YOUR QUESTIONS FOR THE APPLICANT, COMMISSIONER HALLWAY?
>> YES, SIR. THE DECK WILL BE SUPPORTED BY PILINGS.
THIS IS NOT A CANTILEVER DECK.
>> WE'RE PROPOSING DECK DRIVEN PILES AND IN GEOTECHNICAL TERMS, THAT'S WHERE THE PILING IS NOT AUGURED, IT'S LITERALLY DRIVEN INTO THE GROUND THERE WILL BE NO DISTURBANCE OF THE SOIL AROUND THE PILLING.
>> RIGHT. BUT IT'S STILL INSIDE THE CRITICAL DUNE AREA.
>> WHICH I'VE BEEN INFORMED THAT THAT WAS ACCEPTABLE AS LONG AS THERE WAS NO DISTURBANCE OF THE DUNE AREA.
>> EXCUSE ME. COMMISSIONERS, DOES ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? YES, SIR VICE CHAIR BROWN.
>> THANK YOU, MR. HARPER SMITH, YOU CLEARED UP A FEW THINGS FOR ME.
IN TERMS OF MOVING THE HOUSE BACK IN ORDER TO GET OUT OF THAT CRITICAL DUNE AREA.
AS YOU CONSIDER YOUR DECK IS ABOUT 15 FEET WIDE, HAD YOU CONSIDERED MAYBE NARROWING THE DECK, A COMBINATION, NARROWING THE DECK AND RECONFIGURING THE STAIR TO GET YOU THERE.
>> YES. I MEAN, THERE ARE A MYRIAD OF OPTIONS BUT AS YOU CAN MOST LIKELY APPRECIATE, THE CLIENT PURCHASED THIS LOT WITH A DREAM OF BUILDING THEIR HOUSE THAT THEY WOULD LOVE TO BE AN, AND WE HAVE SPENT HOURS UPON HOURS WORKING WITH THE CLIENT TO PREPARE THE PERFECT HOUSE.
NOW WE'RE ASKING TO BASICALLY PLOT AND DICE THIS HOUSE TO FIT WITHIN RULES AND GUIDELINES, TO BE ABLE TO MAKE IT WORK.
[NOISE] WE'RE TALKING ABOUT RESTORING THE DUNE.
I HEAR WHAT YOU'RE SAYING AND YES IT'S POSSIBLE, BUT AT THE BEST OF THE CLIENT.
I WOULD JUST HAVE TO VISIT WITH THEM AND SEE HOW THEY FELT ABOUT THAT.
[NOISE] GOING BACK TO WHAT I SAID BEFORE, IF WE MAKE THESE CONCESSIONS NOW ON THIS PROPERTY AND SAY, ANOTHER APPLICANT COMES FORWARD AND THEY'RE FORCED TO DO THE SAME CONCESSIONS, PRETTY SOON THIS COMMUNITY DOESN'T LOOK AND FEEL CONSISTENT ANYMORE, BECAUSE EVENTUALLY THE DUNE WILL BE RESTORED AND THEN THESE CONCESSIONS WILL BE REQUIRED AT THAT TIME.
THE ONLY REASON WHY THESE CONCESSIONS ARE BEING REQUIRED NOW IS BECAUSE OF THE DUNE PRESENT AT THERE, AND WHERE THE LINE OF VEGETATION IS AT.
I WASN'T CLEAR ON WHAT YOU WERE SAYING ABOUT THE REINFORCED GREAT BEAMS AND THE REINFORCED CONCRETE AROUND [INAUDIBLE] WHAT WERE YOU SAYING ABOUT THAT?
>> YES, SIR. AS I SAID, THERE WILL BE NO REINFORCED CONCRETE ON THIS SITE.
WE REVIVED ALL OF THE DRAWINGS TO SHOW THAT, AND HAD RESUBMITTED THOSE BACK TO THE COASTAL RESOURCES DIVISION SEVERAL MONTHS AGO.
>> OKAY. THAT'S GOOD. THANK YOU.
>> COMMISSIONERS, ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE AND WE HAD NO PUBLIC COMMENT SUBMITTED FOR THIS APPLICATION, I'LL CLOSE THE PUBLIC HEARING ON CASE 20PO GOALIEGOSH-045 AT 4:57 PM AND COMMISSIONERS, I WILL ENTERTAIN A MOTION ON THIS CASE.
>> I'LL MAKE A MOTION TO ACCEPT 21P003 WITH STAFF RECOMMENDATION.
>> OKAY. IT'S ACTUALLY 20P- 045 COMMISSIONER ANTONELLI.
>> OKAY. ABSOLUTELY. 20P-045. SORRY ABOUT THAT.
>> WE HAVE COMMISSIONER ANTONELLI IS MAKING A MOTION AND DO WE HAVE A SECOND COMMISSIONER WALLER I SEE YOUR HAND UP.
COMMISSIONERS, DOES ANYBODY YES, SIR. COMMISSIONER PENA?
[01:20:04]
>> I'M JUST HAVING A REALLY TOUGH TIME WITH THIS ONE.
LIKE COMMISSIONER WALLER HAD SAID, THERE'S JUST A LOT OF WORKS ON IT.
IT'S NOT PRETTY AND IT'S JUST REALLY TOUGH.
SPECIFICALLY TO VICE-CHAIR PERSON BROWN'S CONDITION NUMBER 4 ABOUT A 100 FEET FROM THE VEGETATION LINE.
THE BUILDING REQUIREMENTS, AS WELL AS THE COMMENT OF MAKING CONCESSIONS.
GIVING WORD TO HOW THIS ONE SHOULD BE BUILT WHEN THERE IS AN ACTIVE DUNE RESTORATION PROCESS HAPPENING. THAT'S GOOD.
EARLIER WE HEARD FROM STAFF THAT WE CANNOT TAKE ADVICE ON WHAT IS TO HAPPEN IN THE FUTURE OR TO WHAT SHOULD HAVE OR WHAT WAS IN THE PAST.
THAT'S ALL WELL AND GOOD, AND I HOPE THAT THE APPLICANT IS ABLE TO BUILD ON THAT PROPERTY WITH THIS PLAN.
BUT AFTER A DUNE IS BUILT, BECAUSE IF WE MOVE FORWARD WITH ACCEPTING THESE CONDITIONS AND THAT DUNE IS, THEY'VE HAD A MEETING, BUT THEY'RE NOT.
I CAN ALMOST ASSURE YOU THAT NOTHING WILL HAPPEN BEFORE JUNE 1ST HURRICANE SEASON, STARTING AT A RATE OF H19 FEET PER YEAR.
WE'RE LOOKING AT NOT BEACHFRONT, BUT A HABITAT THAT IS UNDER THE BEACH. MY THOUGHTS. THANK YOU.
>> THANK YOU COMMISSIONER PENA.
TO YOUR POINT, I WOULD LIKE TO SAY THAT, OUR RESPONSIBILITY IS TO THE CITY, AND I THINK THAT I AGREE WITH YOU COMMISSIONER OPINION THAT THIS TIMING IS VERY UNFORTUNATE FOR THIS APPLICANT BECAUSE WE ARE IN THE MIDST OF A VERY DYNAMIC SITUATION ON THAT BEACH.
JUST BECAUSE SOMETHING WOULD BE CONSISTENT WITH THE WAY THE REST OF THE SUBDIVISION LOOKS, DOESN'T MAKE IT RIGHT AT THIS PARTICULAR TIME BASED ON THE FACTS THAT WE HAVE BEFORE US.
I THINK THAT IT'S VERY DIFFICULT TO MAKE A DECISION WITHOUT THE FACTS OF WHAT THAT DUNE RESTORATION IS GOING TO LOOK LIKE, AND WE ARE PUT IN A DIFFICULT SITUATION ON THIS ONE.
DOES ANYONE ELSE HAVE A DISCUSSION ON THIS ITEM BEFORE WE VOTE? COMMISSIONER HOLLOWAY.
>> MY CONCERN AS ALWAYS IS THE RATE OF EROSION AND ARE WE PUTTING ASSETS AT RISK? I UNDERSTAND THAT THIS IS A DREAM HOME, AND I WOULD REALLY BE SAD IF THAT DREAM HOME ENDED UP IN THE GULF OF MEXICO.
BASED ON WHAT THE BUREAU OF ECONOMIC GEOLOGY TELLS US, AND THEY HAVE BEEN COLLECTING DATA FOR A VERY LONG TIME THAT THIS AREA IS RETREATING, AND IT HAS BEEN.
IT'S RETREATING AT AN AVERAGE RATE OF EIGHT TO NINE FEET PER YEAR.
THAT DOESN'T MEAN IT HAPPENS EVERY YEAR.
THAT'S JUST AN AVERAGE OVER ABOUT 70 OR 80 YEARS.
I THINK IT WOULD BE WRONG FOR ME AS A COMMISSIONER TO ALLOW THIS TO OCCUR TO GRANT THIS PERMIT RIGHT NOW BECAUSE OF WHAT WE KNOW AND WHAT WE SEE ON THE GROUND.
I DON'T WISH TO DASH ANYONE'S HOPES AND DREAMS, BUT CERTAINLY DON'T WANT THEM TO WASTE THEIR MONEY EITHER. THANK YOU.
>> THANK YOU, COMMISSIONER HOLLOWAY.
DOES ANYONE ELSE WANT TO MAKE A COMMENT? WE'RE GOING TO DO VICE CHAIR BROWN AND THEN COMMISSIONER WALLER, PLEASE.
>> I THINK STAFF HAS CLARIFIED MY CONCERNS AND I THINK THEY'VE ADDRESSED THEM ALL IN THEIR STAFF REPORT WITH THEIR RECOMMENDATIONS.
THERE'S A LOT OF THING, THEY'RE GOING TO HAVE TO GET CLEANED UP BEFORE THIS PROJECT IS
[01:25:02]
ABLE TO GO FORWARD AND I THINK STAFF HAS GOT THE MESSAGE IN THE MEANS TO DO IT.I THINK THAT'S OUR JOB IS SIMPLY TO THE APPLIED DUE PROCESS AND SEE THIS GO FORWARD, AND THAT'S LIKE A FAIR BURDEN.
BILL SAID, "NO, WE HAVE TO DO OUR JOB ACCORDING TO OUR JOB DESCRIPTION AND STAY WITHIN THAT." THAT'S WHAT WE'RE SUPPOSED TO DO.
SINCE I'VE GOT ALL MY QUESTIONS ANSWERED, I THINK STAFF IS YOU'VE GOT THE TOOLS TO GO FORWARD WITH IT.
I'M GOING TO BE VOTING FOR IT.
>> ANYTHING ELSE? JUST TO BE CLEAR, BOB.
YES. I THINK STAFF HAS THE TOOLS FOR SOME OF IT, BUT I THINK STAFF STILL DOES NOT HAVE ALL OF THE FACTS THAT THEY NEED TO MAKE A DECISION TODAY, TOMORROW, NEXT WEEK OR THE WEEK AFTER, AND I'LL BE VOTING AGAINST IT.
NOW FOR THERE ARE NO OTHER COMMENTS, WE'LL CALL THE VOTE.
YEAH. COMMISSIONER WALLER, EXCUSE ME, PLEASE.
>> I JUST WANT TO MAKE MY COMMENT, IS THAT THERE ARE A LAUNDRY LIST OF ITEMS THAT STAFF HAS PRESENTED.
MOST OF THOSE ARE ONES THAT COMMISSION HAS BROUGHT UP.
THEY ARE CONDITIONS OF THE PERMIT AND THE APPLICATION.
HOW ALL THOSE HOUSES LOOK AT THE END OF THE DAY IN THAT COMMUNITY, NOBODY'S GOING TO KNOW THAT WHERE THEY LINE UP.
BUT IT APPEARS THAT'S PART OF WHAT THEY'RE TRYING TO DO.
IF THEY WANT TO MOVE FORWARD AND STAFFS GIVEN THEM A LAUNDRY LIST OF THINGS TO DO IF THEY WANT TO GET THEIR DEAL APPROVED, AND IT IS ALL THERE.
THERE'S BEEN A LOT OF DISCUSSION ABOUT WHERE THE LINE OF VEGETATION IS, WHAT THEY HAVE A SURVEYOR, A SURVEYOR IS QUALIFIED AND GO OUT AND DETERMINE WHERE THAT IS, AND THEY PRESENTED THAT INFORMATION TO BASE THEIR PERMIT APPLICATION ON.
I CAN TELL YOU THAT I SECOND THE MOTION AND I WOULD APPROVE IT BASED UPON THE COMPLIANT WITH THOSE CONDITIONS, AND I WOULD TELL THE APT-GET AND A HOMEOWNER THAT YOU WANT TO MOVE FORWARD, YOU GUYS ARE GOING TO HAVE APPROACHED THE CITY STAFF WITH AN OPEN MIND AND THEN YOU'RE GOING TO HAVE TO MAKE SOME CHANGES TO GET YOUR DEAL DONE.
I WOULD BE PLANNING FOR IT JUST BECAUSE STAFF RECOMMENDS IT THAT THEIR LAUNDRY LIST OF ITEMS TOGETHER.
THIS IS WHAT WE NEED, AND THEY CAN WORK WITH.
THEY'RE VERY CAPABLE OF DOING THAT.
>> AGAIN, COMMISSIONER WALLER, I APPRECIATE YOUR VOTE OF CONFIDENCE IN RECOGNIZING STAFF AS BEING AS GREAT AS THEY ARE ON THIS.
THANK YOU FOR THAT. ANYTHING ELSE? MS. GORMAN, MAY WE CALL THE VOTE, PLEASE.
>> THE MOTION HAS RECEIVED THREE VOTES IN FAVOR AND THREE VOTES IN OPPOSITION AND DOES NOT PASS.
>> MS. GORMAN, I'M SURE THAT YOU AND MS. GRAHAM WILL MOVE FORWARD WITH THE APPLICANT TO HELP THEM TRY AND GET SOMETHING TOGETHER AND GET SOMETHING BACK TO US, AND YOU ALL WILL BE IN CONTACT WITH THEM, CORRECT?
>> THANK YOU. THANK YOU VERY MUCH.
IF WE HAVE NOTHING FURTHER, [BACKGROUND] AT 5:07, WE STAND ADJOURNED. THANK YOU.
>> THANK YOU. [OVERLAPPING]
* This transcript was compiled from uncorrected Closed Captioning.