7.B.1. 22ZA-004 Request For A Text Amendment To The Galveston Land Development Regulations, Article 3, Commercial (C) Addendum, To Modify The Parking Requirements. Applicant: Galveston Historical Foundation, Inc. Representative: Brax Easterwood, Easterwood Architects Studio

[7.B.1. 22ZA-004 Request For A Text Amendment To The Galveston Land Development Regulations, Article 3, Commercial (C) Addendum, To Modify The Parking Requirements. Applicant: Galveston Historical Foundation, Inc. Representative: Brax Easterwood, Easterwood Architects Studio]

THIS IS A REQUEST FOR A TEXT AMENDMENT TO THE GALVESTON LAND DEVELOPMENT REGULATIONS ARTICLE THREE COMMERCIAL ADDENDUM TO MODIFY THE PARKING REQUIREMENTS.

IN 2016, PLANNING STAFF INITIATED A TEXT AMENDMENT TO MODIFY THE PARKING REQUIREMENT FOR THE 2700 BLOCK OF MARKET LOTS NORTH OF MARKET BETWEEN 27TH STREET AND 26TH STREET, AND LOTS ON THE 2600 BLOCK OF MECHANIC AVENUE C AT THAT TIME DUE TO THE FACT THAT THE AREA IS ZONED COMMERCIAL.

THE PARKING FOLLOWING PARKING REQUIREMENTS WERE IN PLACE AND THOSE ARE LISTED FOR YOU IN YOUR STAFF REPORT.

IN 2016, STAFF WAS SEEING A RENEWED INTEREST IN NEW BUILD NEW BUSINESSES WITHIN THE WEST MARKET STREET AREA.

THE AREA IS HIGH DENSITY WITH BUILDINGS AND BLOCK LAYOUT DESIGNS, VERY SIMILAR TO BLOCKS LOCATED WITHIN THE CENTRAL BUSINESS ZONING DISTRICT, WHICH HAS NO PARKING REQUIREMENT.

SINCE THAT TIME, THE WEST MARKET AREA HAS CONTINUED TO SEE COMMERCIAL DEVELOPMENT AND THE OPENING OF NEW BUSINESSES.

SUMMARY. THE APPLICANT IS REQUESTING THAT THE PARKING EXEMPTION BE EXTENDED FROM THE 2700 BLOCK OF MARKET TO THE 3200 BLOCK OF MARKET IN ORDER TO FACILITATE REUSE OF EXISTING BUILDINGS AND THE POSSIBLE REDEVELOPMENT OF SURFACE PARKING.

WHILE THE AREA CURRENTLY HAS A PROLIFERATION OF COMMERCIAL PARKING LOTS THAT SERVE THE CRUISE SHIP INDUSTRY, A REDUCTION IN THE PARKING REQUIREMENT WOULD PROMOTE COMPATIBLE INFILL THAT COULD SEE A SIMILAR DEVELOPMENT PATTERN TO THE 2600 AND 2700 BLOCKS OF MARKET.

PLEASE SEE ATTACHMENT A FOR THE APPLICANT'S SUBMITTAL.

PLEASE NOTE CRITERIA FOR TEXT AMENDMENTS IN YOUR STAFF REPORT.

THE CITY COUNCIL HAS FINAL DECISION MAKING AUTHORITY ON THIS REQUEST AND IT WILL BE REVIEWED AT THE AUGUST 11TH, 2022 MEETING.

AND STAFF IS RECOMMENDING APPROVAL.

AND WE HAVE ON THE SCREEN THE EXHIBIT THAT WAS PROVIDED BY THE APPLICANT SHOWING THE AREA OF THE CURRENT PARKING EXEMPTION AND THE PROPOSED EXPANSION.

AND THAT CONCLUDES STAFF'S REPORT.

OKAY. ANY COMMISSIONERS HAVE QUESTIONS FOR STAFF? YES. [INAUDIBLE].

CONFLICT. I TOTALLY DID NOT CLICK.

[INAUDIBLE], IF YOU'RE DECLARING A CONFLICT THAT.

YES. OKAY.

ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE. IN THE COMPREHENSIVE PLAN.

IT DISCUSSES MIXED USE, ENCOURAGING MIXED USE DISTRICT AND THAT INCLUDES HOUSING.

AND DOES THIS TEXT AMENDMENT PRECLUDE ANY REQUIREMENT FOR PARKING FOR HOUSING, OR IS IT JUST FOR OTHER USES? THE WAY IT'S BEEN PROPOSED, IT'S FOR BOTH USES FOR COMMERCIAL EXCUSE ME AND FOR RESIDENTIAL AND FOR RESIDENTIAL.

SO ANY RESIDENTIAL USE DOWN THERE THEY WOULD DEVELOPER WOULD BE ON THEIR OWN TRYING TO FIND PARKING TO MAKE THAT HAPPEN.

IT WOULDN'T BE REQUIRED THAT IT BE PROVIDED.

IT WOULD BE REQUIRED THAT.

IT WOULD NOT. NOT BE REQUIRED.

GOOD. OK.

ANY OTHER QUESTIONS FOR STAFF? YES. SO, CATHERINE.

SO IT APPEARS AS IF THERE'S PROPOSED INFILL DEVELOPMENT THAT WOULD BE SIMILAR IN NATURE TO WHAT WE SEE IN DOWNTOWN.

AND SO THIS LANGUAGE IS CONGRUENT WITH THOSE REGULATIONS THAT ARE IN DOWNTOWN TO PROMOTE THAT TYPE OF DENSITY.

CORRECT. GOT IT.

THANK YOU. YES.

HASN'T PARKING KIND OF BEEN A AN ORDEAL TO DEAL WITH IN TERMS OF RESIDENTIAL DEVELOPMENT DOWNTOWN? IT'S HARD TO FIND PARKING DOWNTOWN.

SO IT'S HARD TO HAVE RESIDENTIAL DEVELOPMENT DOWNTOWN.

[00:05:02]

WELL, WE HAVE SEEN SOME RESIDENTIAL DEVELOPMENT DOWNTOWN, LIKE WITH THE FROST BANK BUILDING BEING CONVERTED FROM OFFICES TO RESIDENTIAL.

SO I CAN'T SPEAK TO THE PROBLEMS THE DEVELOPER MAY HAVE FINDING PARKING, BUT WE HAVE SEEN IT.

SO IS THERE ANY STRATEGY THE CITY HAS COME UP WITH TO HELP ALLEVIATE THE PROBLEM OF PARKING DOWNTOWN FOR DEVELOPMENT LIKE RESIDENTIAL THAT WOULD IN TURN ENCOURAGE MIXED USE.

I THINK GENERALLY OUR STANCE IS THAT BY NOT HAVING A PARKING REQUIREMENT THAT DOES ENCOURAGE THE REUSE OF BUILDINGS AND NEW CONSTRUCTION. YEAH, BUT YOU KNOW WHAT I'M GETTING AT THE SOMETHING THAT WOULD OTHERWISE ENCOURAGE MIXED USE BY ACCOMMODATING PARKING SOMEHOW.

I'M NOT SURE HOW. I'M JUST THROWING THAT OUT.

WELL, THE CITY IS NOT. WE DON'T HAVE ANY PLANS TO BUILD ANY STRUCTURED PARKING OR ANYTHING LIKE THAT.

I WILL SAY, HOWEVER, THAT THERE WAS STRUCTURED PARKING WITH BASICALLY OVER AT 20TH.

AND WAS THAT MECHANIC? NO, THAT'S A MARKET.

AND THAT WAS DONE, YOU KNOW, IN RESPONSE TO THE [INAUDIBLE] TOWER.

BUT IT THEY ALSO PARTNERED WITH THE REDEVELOPMENT OF THE MEDICAL ARTS BUILDING AND THAT IS NOW PROGRESSING ALONG I THINK DUE IN PART 2 THAT.

AND THAT WAS A VERY SPOT THAT WAS DENOTED IN AN EARLIER PLAN AS AN IDEAL SORT OF CENTRAL PARKING FACILITY THAT THE CITY OR OTHERS MAY PARTAKE IN.

AND IT TURNS OUT IN THIS CASE, THE PRIVATE SECTOR HANDLED IT.

YEAH, THAT'S A GOOD EXAMPLE.

THAT BUILDING IS THAT FOR A LONG TIME BECAUSE IT COULDN'T GET PARKING.

EXACTLY. AND SO PARKING OPPORTUNITY CAME ALONG AND OFF IT GOES.

SO I GUESS WHAT WE'RE SAYING IS WE WOULD LEAVE THE PARKING QUESTION UP TO PRIVATE DEVELOPMENT OF SOME KIND.

YEAH. AND OVER HERE THERE'S CONSIDERABLE AMOUNTS OF PARKING AREAS, BUT YOU KNOW THAT AN OWNER MAY CONTRACT WITH.

IT'S ABUNDANT OVER IN THIS REGION.

SO I THINK THERE'S WAYS THAT THE PRIVATE SECTOR COULD MAKE IT APPROPRIATELY WORK.

YEAH, THERE'S A LOT OF VACANT LAND.

THAT'S CORRECT. OKAY.

YEAH. QUESTION CONCERNING THE WE'VE GOT ROAD BLOCKED ROADS ON THE NORTHBOUND SIDE OF MARKET AND THAT'S DUE TO THE PARKING AREA THAT THE CRUISE SHIPS ARE UTILIZING RIGHT NOW.

FUTURE GROWTH IS TO THE EAST WITH THE TERMINAL.

WILL THIS PARKING AREA BE RELEASED.

FROM WHATEVER TERM IT HAS.

OR DO YOU ALL KNOW IF THERE IS? IN OTHER WORDS, IS THERE GOING TO BE AN AVAILABILITY OF A THE STREETS THEMSELVES CONTINUING FURTHER NORTH, BACK UP TO HARBORSIDE AGAIN OR THE AREA BEHIND TO BE DEVELOPED? THAT'S A VERY GOOD QUESTION. I DON'T KNOW THE ANSWER TO THAT RIGHT OFF THE TOP OF MY HEAD, BUT THE PORTS MASTER PLAN MAY SHED SOME LIGHT ON THAT.

IDEALLY, IF THINGS DO SORT OF SHIFT AROUND IN THE PORTS MASTER PLAN, I THINK THE CITY WOULD BE CERTAINLY OPEN TO EXTENDING SOME OF THOSE RIGHTS OF WAY IF IT CAME TO THAT.

THANK YOU. ANY OTHER QUESTIONS FOR STAFF? OKAY. WE CAN OPEN THE PUBLIC HEARING NOW.

AND IF THE APPLICANT IS HERE TO MAKE A PRESENTATION, COME ON UP AND STATE YOUR NAME AND SIGN IN.

I'M BRAX EASTERWOOD.

I'M REPRESENTING GHF ON THIS REQUEST.

THANK YOU TO STAFF FOR YOUR WORK AND YOUR RECOMMENDATION.

I APPRECIATE IT. AND THERE'S THIS DISTRICT, THE SPECIAL DISTRICT, AS CATHERINE SAID, WAS CREATED IN 2016. AND IT HAS SPURRED SOME DEVELOPMENT IN THE ADJACENT BUILDINGS THERE ALONG THAT DISTRICT.

AND THERE ARE A COUPLE OF THINGS THAT HAVE HAPPENED SINCE 2016 FURTHER TO THE WEST WHERE WE'RE TALKING ABOUT NOW, AND THOSE ARE IN 2017, GHF HAD REQUIRED THE DEPOT THAT'S AT THE END OF MARKET AT 33RD STREET.

THERE WAS A SIGNIFICANT AMOUNT OF INVESTMENT IN THE RIGHTS OF WAY ALONG MARKET, ALL THE WAY TO 33RD STREET BY THE CITY.

[00:10:09]

IN FACT, PLANNING COMMISSIONS GAVE THEM AWARD AND IN 2020 FOR THE IMPROVEMENTS THERE.

AND THEN THE GOAL IN MY MIND IS TO PROMOTE WALKABILITY, YOU KNOW, IN THAT DISTRICT.

RIGHT NOW, THERE'S NOT MUCH TO SEE THERE, BUT THE POTENTIAL IS THERE.

SO THAT IN 2018, THE GHF FINISHED THE FIREHOUSE THAT'S AT THE CORNER OF 29TH.

AND THEN THE PUBLIC WORKS FACILITY WAS OPENED 2019, 2020.

SO THERE HAVE BEEN SOME CHANGES HERE, BUT THERE'S A LOT OF POTENTIAL FOR MORE CHANGES AND MORE DEVELOPMENT THAT COULD REALLY JUST EXTEND THAT WEST MARKET DISTRICT.

THE REASON FOR THE REQUEST IS REALLY GENERATED BY THE FIREHOUSE ITSELF AS WERE LOOKING AT DEVELOPMENT PLANS, REALIZED THAT THERE WAS NO AVAILABLE LAND FOR PARKING FOR REALLY ANY KIND OF USE TO GO IN THERE.

AND SO THAT'S WHY WE WERE EXPLORING THESE DIFFERENT WAYS.

WE COULD HAVE JUST GOTTEN A VARIANCE FOR THAT ONE PIECE OF PROPERTY, BUT IT SEEMED LIKE IT WAS MORE APPROPRIATE TO EXTEND THE DISTRICT FOR OTHER PROPERTIES LIKE THE CLUB 68 STRIP CENTER.

AND THEN THERE'S ONE CHURCH THERE.

BOB HAD MENTIONED SOMETHING ABOUT RESIDENTIAL.

THERE'S VERY LITTLE THERE'S SOME LOFT APARTMENTS THAT ARE FURTHER EAST ON MARKET, BUT THERE'S VERY LITTLE RESIDENTIAL ON THIS END.

THERE'S ONE SINGLE FAMILY HOUSE THAT'S RIGHT NEXT TO THAT MARKET STREET BAPTIST CHURCH, AND THEY HAVE THEIR OWN PARKING THERE.

AND THEN THERE'S A VACANT LOT BETWEEN THAT AND THE WEST, THE PUBLIC WORKS BUILDING.

SO THAT'S WHERE THE REQUEST WAS GENERATED FROM THE FIRE STATION AS KIND OF A CASE STUDY FOR THIS.

AND THE FIRE THE FIRE STATION, IT COULD BE ANY KIND OF USE, FRANKLY.

IT COULD BE IT COULD BE BROKEN UP INTO APARTMENTS, COULD BE MIXED USE.

IT COULD BE ALL ONE USE.

IT'S BEEN TALKED ABOUT AS A BREWERY, AS A RESTAURANT, ALL KINDS OF THINGS.

SO. HAPPY TO ANSWER ANY QUESTIONS.

WHAT ABOUT POTENTIAL FOR NEW CONSTRUCTION OVER THERE? SURE. LIKE YOU GUYS WERE DISCUSSING, THERE'S A LOT OF SURFACE PARKING AND SO THERE IS POTENTIAL FOR NEW DEVELOPMENT, I WOULD SAY FURTHER TO THE WEST MOSTLY.

BUT THE PORT OWNS A LOT OF THAT LAND RIGHT NOW.

SO I DON'T SEE IT CHANGING QUICKLY.

ANYBODY ELSE HAVE ANY QUESTIONS FOR BRAX? OKAY. OKAY. THANKS, BRAX.

I'LL BE HAPPY TO COME BACK UP.

ANYBODY ELSE WANT TO SPEAK ON THIS AGENDA ITEM? OKAY. WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION.

YES, STEPHEN? MAKE THE MOTION WE APPROVE AGENDA ITEM 22ZA-004 AS WRITTEN.

OKAY. WE HAVE A MOTION TO APPROVE.

A SECOND? SECOND.

MOTION AND SECOND. IS THERE ANY DISCUSSION? YES. I JUST HAVE ONE COMMENT.

I THINK THIS IS A GREAT IDEA.

IT'S TEN YEARS AGO? TO SEE DEVELOPMENT WEST OF 25TH STREET WOULD HAVE JUST BEEN UNHEARD OF.

SO I THINK IT'S A GREAT STEP IN THE RIGHT DIRECTION.

I MEAN, IT JUST IT'S GOING TO GO THAT WAY.

SO. YEAH.

GHF, THANKS FOR BRINGING HERE AND STAFF.

GOOD JOB. THANKS.

ANYBODY ELSE. ALL IN FAVOR OF THE MOTION.

RAISE YOUR HAND. OKAY.

EVERYBODY'S IN FAVOR AND NOBODY'S OPPOSED.

BUT FOR THE RECORD, THE COMMISSIONER, EDWARDS, HAS ABSTAINED.

ALL RIGHT. NOW WE GET BACK TO THE REGULAR AGENDA.

BACK TO THE TOP, WE HAVE A PLOT NUMBER, 22P-045.

[6.A.1. 22P-045 (2402 45th Street) Request For A Replat To Decrease The Number Of Lots From Fifteen (15) Lots To One (1) Reserve Lot. The Properties Are Legally Described As The M B Menard Survey (2000-0), Southwest Block 132, Galveston Outlots, In The City And County Of Galveston, Texas. Applicant: John Camarillo, Miller Survey Group Property Owner: Michael Martini And Joyce Warwick]

AND JUST A REMINDER, THERE'S NO ACTION ON OUR PART.

THIS IS JUST A PUBLIC HEARING.

STATED BY THE CHAIR PUBLIC HEARING.

FOR 2402 45TH STREET.

IT IS A REQUEST TO REPLAT 15 LOTS INTO ONE LOT.

THE APPLICANT IS REQUESTING A REPLAT IN ORDER TO DECREASE THE NUMBER OF LOTS FROM 15 TO 1 RESERVE LOT IN A COMMERCIAL ZONING DISTRICT.

THE PLAT MEETS ALL OF THE STANDARDS FOR MINIMUM LOT SIZES IN COMMERCIAL.

IF YOU COULD ADVANCE THE SLIDE, THIS IS THE SURVEY AND THEN THE RE PLOT WHICH IS JUST ONE BIG SQUARE AND AS STATED NO ACTION IS NEEDED BY THE COMMISSION, JUST A PUBLIC HEARING TO BE HELD.

[00:15:03]

OKAY. ANY QUESTIONS FOR STAFF? I REMEMBER THIS WAS A GROCERY STORE.

LIKE YEARS AND YEARS AGO.

CP EVANS. YOU REMEMBER THAT? NO. OH, IT WAS GERLAND'S WHEN I WAS A KID.

I'M SHOWING MY AGE, HUH? IT WAS BEFORE I GOT HERE.

I THOUGHT IT WAS. NO, IT WAS AT GERLAND'S.

WELL, I'M SURE GLAD SOMETHING'S HAPPENING TO IT, THAT'S FOR SURE.

OKAY. AS ANYBODY IN THE AUDIENCE WISH TO SPEAK.

OKAY. WE'LL, CLOSE THE PUBLIC HEARING.

AND SINCE WE DON'T NEED A MOTION, I GUESS WE'RE DONE WITH THIS.

WE'RE DONE. OKAY, WE'LL MOVE ON.

[7.A.1. 22BF-069 (25 Grand Beach Blvd) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Filling And Leveling Of Lot With Beach Quality Sand. Property Is Legally Described As The Preserve At Grand Beach (2014) Abstract 628, Block 2, Lot 1, Acres 0.243, In The City And County Of Galveston, Texas. Applicant: Michael Gaertner Property Owner: Minh Voss]

CASE 22BF-069.

HOWDY, PLANNING COMMISSIONERS, AND THANK YOU FOR YOUR TIME TODAY.

I'M AFRAID I'LL TAKE A SIGNIFICANT PORTION OF IT.

SO TO START US OFF, BECAUSE ALL FIVE OF OUR BEACH FRONT CASES TODAY ARE EXEMPTION REQUESTS, I'D LIKE TO GIVE A BRIEF RECAP ON THE DIFFERENCES BETWEEN AN EXEMPTION AND A STANDARD PLANNING COMMISSION CONSTRUCTION STANDARDS.

THE FOLLOWING ARE RELEVANT EXEMPTION.

EXCERPTS FROM CHAPTER 29 OF THE CODE OF ORDINANCES REGARDING THE CONSIDERATION OF EXEMPTIONS.

FIRST PAGE, PLEASE.

CONSTRUCTION IS PROHIBITED WITHIN OUR SEAWARD OF THE DUNE CONSERVATION AREA.

THE CITY PROVIDES FOR EXEMPTIONS FOR NEW CONSTRUCTION AND RENOVATIONS OF THE EXISTING STRUCTURES TO THE MAXIMUM EXTENT PRACTICABLE.

ALL STRUCTURES SHALL BE CONSTRUCTED LANDWARD OF THE DUNE CONSERVATION AREA.

THE CITY WILL CONSIDER PROPERTY OWNERS REQUESTS FOR AN EXEMPTION FROM THE PROHIBITION ON CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA FOR ONE OF THE FOLLOWING EXISTING CONDITIONS.

FIRST, THAT PROPERTIES FOR WHICH THE OWNER HAS DEMONSTRATED TO THE SATISFACTION OF THE CITY THAT THERE ARE NO PRACTICAL ALTERNATIVES TO CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA.

IN DETERMINING WHAT IS PRACTICABLE.

THE CITY SHALL CONSIDER WHETHER AN ACTION, TECHNOLOGY OR TECHNIQUE IS COMMERCIALLY AVAILABLE AND CAPABLE OF BEING DONE.

AFTER TAKING INTO CONSIDERATION THE EXISTING BUILDING PRACTICES, EFFECTIVENESS, SCIENTIFIC FEASIBILITY, 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 CITY SHALL ALSO CONSIDER THE COST OF THE TECHNOLOGY OR TECHNIQUE.

AND I ALSO HAVE ON OUR STARTING SLIDE BACK TO THE BEGINNING, PLEASE.

ONE MORE. THE NORMAL CONSTRUCTION STANDARDS WHICH ARE CONSIDERED FOR ALL CASES.

ONE IN PARTICULAR I'D LIKE TO HIGHLIGHT ON THE RIGHT HAND SIDE IS THE THIRD THAT THERE ARE NO PRACTICABLE ALTERNATIVES TO THE PROPOSED ACTIVITY THAT IS LOCATED SEAWARD OF THE DUNE PROTECTION LINE WHICH ALL OF THESE CASES ARE AND ADVERSE EFFECTS CANNOT BE AVOIDED AS PROVIDED IN THE MITIGATION SEQUENCE.

LOWER. WE USUALLY THINK OF THE MITIGATION SEQUENCE AS THE THIRD AND FOURTH STEPS OF RECTIFYING THE DAMAGE AND COMPENSATING FOR THE IMPACTS.

BUT WE SHOULD BE PLACING MORE EMPHASIS ON MINIMIZING AND REALLY AVOIDING IN THE FIRST PLACE.

THIS IS A COMMON THEME IN OUR CASES TODAY.

WITH THAT IN MIND, NEXT, PLEASE, FOR OUR FIRST CASE, WE HAVE 25 SORRY, 22BF-069 25 GRAND BEACH.

THIS IS 25 GRAND BEACH BOULEVARD.

A REQUEST FOR AN EXEMPTION TO FILL AND LEVEL A PORTION OF A SEASONAL POND WITH BEACH QUALITY SAND IN ORDER TO LATER BUILD ON THE SITE.

THE PROPERTY IS LEGALLY DESCRIBED AS THE PRESERVE AT GRAND BEACH.

ABSTRACT 628 BLOCK 2 LOT ONE A SUBDIVISION LOCATED IN THE CITY IN GALVESTON.

CITY AND COUNTY OF GALVESTON, TEXAS.

SUBDIVISION. SUBJECT SITE IS LOCATED IN THE PRESERVE AT GRAND BEACH SUBDIVISION.

A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THE AREA IS ACCRETING AT A RATE OF 2 TO 3 FEET PER YEAR.

STAFF HAS PREPARED SLIDES FOR YOUR VIEWING.

FIRST, WE HAVE A FIRM AND BEG MAPS SHOWING THE EROSION RATES, FLOOD INFORMATION, OFFICIAL SITE, LOCATION AND GENERAL AERIAL VIEW.

PLEASE NOTE AT THE BOTTOM THERE A LITTLE DIFFICULT TO SEE ON THESE TV SCREENS, BUT WE HAVE IMPROVED OUR EROSION SYMBOLOGY TO BE COLORBLIND FRIENDLY.

PREVIOUSLY IT WAS JUST COLORED DOTS.

ORANGE, YELLOW AND OR SORRY, RED, YELLOW AND GREEN.

AND NOW WE HAVE VARIOUS SHAPES TO KIND OF HELP WITH THAT.

[00:20:03]

JUST ONE THING THE CITY IS DOING TO TRY TO IMPROVE OURSELVES.

ON THE NEXT SLIDE IS THE OFFICIAL SURVEY ON THE LEFT AND A ZOOMED IN CROPPED VERSION ON THE RIGHT.

THE SHADED AREA REPRESENTS THE POND AND A PORTION WITHIN THE PORTION WITHIN THE PROPERTY BOUNDARY IS THE AREA TO BE FILLED.

APPROXIMATELY HALF OF THE AREA TO BE FILLED IS WITHIN THE DUNE CONSERVATION AREA, WHICH REQUIRES THE PLANNING COMMISSION EXEMPTION, AS DISCUSSED IN THE LETTER BY A&M WETLANDS SHOWN ON THE NEXT SLIDE.

THERE IS NO DUNE VEGETATION WITHIN THE POND AND ONLY THE POND WILL BE FILLED.

A SILT FENCE WILL BE USED TO SEPARATE THE FILL FROM THE NORTH TOE OF THE DUNE AND THE WETLANDS ABOVE.

THE STANDING WATER, WHICH MAY BE IMPACTED IN THE PROCESS, ARE NON DUNE VEGETATION SPECIES.

THEREFORE NO DUNE VEGETATION WILL BE DISTURBED AND THUS NO DUNE VEGETATION MITIGATION WILL BE REQUIRED.

THIS FOLLOWS THE MITIGATION SEQUENCE PRINCIPLE OF AVOIDANCE.

AS POINTED OUT IN THE A&M WETLANDS LETTER, IT IS DIFFICULT TO FILL HALF A POND.

THE APPLICANT HAS DISCUSSED THE INTENT TO INSTALL A SILT SCREEN, SEDIMENT, CURTAIN OR SIMILAR DEVICE.

STAFF RECOMMENDS MAKING THIS AN ADDITIONAL CONDITION FOR APPROVAL, AND THE APPLICANT MAY OR REPRESENTATIVE MAY BE ABLE TO ELABORATE ON THE SPECIFICS OF THIS.

FINALLY, WE HAVE SITE PHOTOS WITH DESCRIPTIONS COUNTERCLOCKWISE.

FROM THE TOP LEFT ARE PHOTO FOUR FROM EAST PROPERTY LINE AT THE NORTH SIDE OF THE DITCH LOOKING WEST.

PHOTO FIVE EAST PROPERTY LINE ON THE NORTH SIDE OF THE DITCH LOOKING SOUTHEAST.

PHOTO SIX FROM EAST PROPERTY LINE AT THE NORTH SIDE OF THE DITCH LOOKING EAST AND PHOTO EIGHT FROM THE COMMUNITY WALK OVER EAST OF THE PROPERTY LINE LOOKING WEST. THIS CONCLUDES STAFF'S REPORT AND THANK YOU FOR YOUR TIME.

PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS.

YES. LET'S GO.

DAVID, FIRST. WAS AN ENVIRONMENTAL ASSESSMENT DONE AS A PART OF THIS? YES. A U.S.

ARMY CORPS OF ENGINEER DETERMINATION WAS MADE FOR THIS.

IT WAS DETERMINED TO BE NON JURISDICTIONAL.

THAT IS OUTSIDE THE PURVIEW OF OUR REVIEW.

WE CAN'T FORCE AN APPLICANT TO GET A ARMY CORPS DETERMINATION.

THEY DID SUPPLY IT.

IT IS NOT PART OF OUR PROCESS TO LOOK AT THAT REPORT.

BUT THEY DID PROVIDE IT AND IT WAS DETERMINED TO NOT BE A JURISDICTIONAL WETLAND.

SORRY. SO THAT WAS JUST A JURISDICTIONAL DETERMINATION.

DID THEY PERFORM A PHASE ONE ENVIRONMENTAL ASSESSMENT? I AM NOT SURE, BUT THAT IS NOT SOMETHING THAT WE REQUIRE.

IT'S NOT REQUIRED. YES.

NOTICE IT SAYS IT WAS A SEASONAL POND AND THEN LATER IT REFERRED TO IT AS PART OF A WETLAND, AND THEN YOU REFER TO IT AS A DITCH.

WHAT'S THE DIFFERENCE IN WHY THE DIFFERENT TITLES? SO LEGALLY IT IS A WETLAND AS DETERMINED BY THE US ARMY CORPS AND THE SECTION 404 CLEAN WATER ACT. WETLANDS DETERMINATION DITCH IS KIND OF COLLOQUIAL.

IT EXTENDS FROM THE POND THAT A BODY THAT HOLDS WATER TO EXTEND FURTHER IN THE BACK DUNE AREA TO SOMETIMES HOLD WATER, SOMETIMES JUST BE DAMP AND POND MORE JUST.

SOMETIMES IN THE YEAR IT MAY DRY UP.

I THINK FROM WHAT I'VE SEEN MOST OF THE TIME IT HOLDS SOME WATER, BUT IT MAY NOT BE PERMANENT.

FOR OUR PURPOSES, WE DON'T REQUIRE A DISTINCTION.

WHAT WE REQUIRE IS THE DETERMINATION OF WHETHER OR NOT ANY DUNE VEGETATION WILL BE IMPACTED AS SHOWN BY THE A&M WETLANDS.

THE VEGETATION IN THIS AREA OF THE POND AND THE SURROUNDING AREA, THERE'S NO VEGETATION IN THE POND ITSELF, ONLY OR WITHIN THE WATER, UNDER WATER, ONLY ALGAE.

THEN THE TYPHA LATIFOLIA IS THE CATTAILS THAT GROW AROUND IT, AND THAT'S NOT DETERMINED TO BE A DUNE VEGETATION SPECIES. PANENKA RIPENS, I THINK IT IS IS CALLED PANIC GRASS.

THAT'S ALSO NOT A DUNE VEGETATION SPECIES.

AND THEN THE HYDROCOTYLE, I'M PRETTY SURE THAT'S THE I THINK WE CALL IT PENNY GRASS, THE ONE THAT'S GROWING AND PROBABLY MOST OF OUR YARDS, NONE.

THESE ARE THE THREE DOMINANT SPECIES IN AND AROUND THE AREA.

AND THAT LAST ONE YOU CAN SEE IN THIS BOTTOM RIGHT PHOTO.

SO THAT'S THE THING THAT WE ARE REQUIRED TO LOOK AT, REGARDLESS OF IF THERE'S WATER PERMANENTLY, TEMPORARILY.

[00:25:01]

AND NONE OF THOSE BEING DUNE VEGETATION SPECIES MAKES THIS SOMETHING THAT IS NOT WITHIN OUR JURISDICTION.

THE MAJORITY OF RESPONSIBILITY TO DETERMINE IF THIS IS A PROTECTED AREA FALLS WITHIN THE ARMY CORPS.

AND THEY DETERMINED THAT THIS WAS NOT SOMETHING THAT FELL UNDER JURISDICTIONAL PROTECTION.

SO IN TERMS OF OUR REGULATIONS FOR THE CITY AND ALSO THE GLO.

THIS MEETS ALL THE CRITERIA TO ALLOW FILLING IN.

THEY'VE PROVIDED THE SEDIMENT REPORT SHOWING THAT BEACH QUALITY SAND WILL BE PLACED IN THIS AREA.

THEY'VE SHOWN THAT NO DUNES OR DUNE VEGETATION WILL BE DAMAGED IN THIS PROCESS.

AND THE ONLY REASON THIS IS BEFORE THE PLANNING COMMISSION, WHICH THE REASON WHY IT HAD ITS 22 BF AND NOT 22P IS BECAUSE INITIALLY I THOUGHT THAT THIS WASN'T GOING TO NEED PLANNING COMMISSION REVIEW.

BUT FILLING IS CONSIDERED A CONSTRUCTION ACTIVITY.

SO THIS IS CONSTRUCTION WITHIN THE DUNE CONSERVATION AREA.

SO IT REQUIRES REVIEW FOR THAT REASON.

SO I'M SORRY, THAT WAS LONG WINDED ANSWER TO YOUR QUESTION.

OH, IS IT A POND? BUT THAT'S KIND OF WHAT WE'RE LOOKING AT HERE.

MY STAR CROSSING.

I'M GLAD.

I KIND OF UNDERSTOOD THAT FIRE JUST.

OH, I'M SORRY. SO I GUESS I UNDERSTOOD THAT PART.

AND I ALSO UNDERSTOOD ABOUT THE UNITED STATES WATER THING, WHICH IS WHY IT'S NOT CONSIDERED.

I JUST WAS LOOKING AT IT, TRYING TO UNDERSTAND ABOUT WHAT THE WETLANDS, WHETHER OR NOT IT HAD BIRDS, SPECIES OF BIRDS OR WHATEVER IN THAT WATER, ON THE TIMES OF THE YEAR THAT IT DID HAVE WATER.

YOU KNOW, THAT WAS WHAT I WAS TRYING TO GET FROM WHETHER THE POND, THE WETLAND AND, YOU KNOW, THE DITCH, WHETHER OR NOT THAT WAS THE CASE.

AND IF THAT'S NOT EVEN WHAT WE NEED TO BE LOOKING AT, THEN I'LL LET THAT GO.

YEAH, WE HAVE BEEN OUT THERE IN PERSON AND THERE ARE BIRDS AND TURTLES AND IT'S A BEAUTIFUL LIKE ENVIRONMENT AND ECOSYSTEM, BUT THAT'S NOT WHAT WE ARE TASKED WITH REVIEWING.

SO, COMMISSIONER, THAT WAS MY POINT WHEN I ASKED FOR A PHASE ONE ENVIRONMENTAL ASSESSMENT, IF IT HAD BEEN PERFORMED, BECAUSE THAT WOULD HAVE BEEN DETERMINED AS A PART OF THAT. BUT IT'S APPARENTLY NOT PART OF THE CITY'S PROCESS.

I AM GOING TO WOULD LIKE TO COMMENT AS WELL, THOUGH, THAT EVEN THOUGH THIS MAY NOT BE A A JURISDICTION WITHIN THE ARMY CORPS OF ENGINEERS, YOU KNOW, IT'S STILL A WETLAND.

AND FILLING IN WETLANDS IS A SERIOUS THING.

THERE ARE COMMUNITIES ALL OVER THE COUNTRY, INCLUDING HARRIS COUNTY AND OTHERS, WHO, IF IT'S NOT AN ARMY CORPS JURISDICTIONAL WETLAND, THAT IF YOU FILL IN THE WETLAND AND WETLAND MITIGATION MUST BE PROVIDED.

AND SO I HAD ASKED THE QUESTION TO THE CITY, IS THAT ARE THERE WETLAND MITIGATION MEASURES IN PLACE THAT EVEN THOUGH THIS MAY NOT BE A JURISDICTION AUTHORITY OF THE CORPS, THAT THE CITY HAS ANY TYPE OF OVERSIGHT TO? THAT'S WHAT I WAS AFRAID OF.

I SEE THE SHAKING OF BRANDON'S HEAD.

I'LL TAKE THAT UNDER CONSIDERATION.

THANKS. THAT MAY BE SOMETHING FOR THE CITY TO EXPLORE IN FUTURE TEXT AMENDMENTS IF THE PLANNING COMMISSIONERS FIND IS IMPORTANT.

SO IT SOUNDS LIKE THERE REALLY IS NO JURISDICTIONAL OR NO CONTROL OVER WHAT HAPPENS TO ANY WETLANDS OUT THERE ON THE BEACH ? TO CHECK. HELLO.

PLANNING COMMISSIONERS.

BRANDON HILL, COASTAL RESOURCES MANAGER.

I WANTED TO JUMP IN HERE REAL QUICK BECAUSE THERE IS A DISTINCTION THAT I WANT TO MAKE CLEARLY, WHICH IS THIS WETLAND FALLS LANDWARD OF THE NORTH TOE OF THE DUNE.

THE REASON THAT IS CRUCIAL IS BECAUSE IF WE HAD A WETLAND SWALE OR A POTHOLE OR A POND OR A DITCH, SOME SORT OF WETLAND FEATURE THAT FELL WITHIN THE DUNE, THE CRITICAL DUNE AREA, IT WOULD BE 100% SOMETHING THAT WE WOULD HAVE OVERSIGHT ON. HOWEVER, IN THIS INSTANCE, BECAUSE THE NORTH TOE OF THE DUNE TERMINATES AND THEN WE HAVE A WETLAND FEATURE WHICH IS THEN A DIRECTLY ABUTTED AGAINST AN UPLAND FEATURE, WHICH IS NOT A DUNE.

IT FALLS OUTSIDE OF ANY SORT OF PURVIEW THAT WE WOULD HAVE AS OVERSEEING THE CRITICAL DUNE AREA.

SO THERE ARE 100% WETLANDS IN THE BEACHFRONT AREA WHICH FALL UNDER OUR PURVIEW FOR REVIEW AND FOR CONSIDERATION AND PROTECTION.

HOWEVER, IN THIS INSTANCE, THIS FALLS LANDWARD OF THAT NORTH TOE OF THE DUNE, WHICH MEANS THAT UNLESS THE ARMY CORPS IS GOING TO SAY IT IS A

[00:30:07]

JURISDICTIONAL WETLAND, WHICH THEY DID NOT.

THE ONLY OTHER OVERSIGHT ON A FEATURE LIKE THIS WOULD BE A PURELY ENVIRONMENTAL REGULATORY ONE.

AND SO SOMEONE LIKE FISH AND WILDLIFE OR THE AUDUBON SOCIETY WOULD GET INVOLVED.

BUT AS FAR AS OUR PROCESS, WE DON'T HAVE ANYTHING IN THE CODE THAT SPEAKS TO MANAGING ANYTHING OUTSIDE OF THE BEACHFRONT FEATURES.

OBVIOUSLY, WE HANDLE CONSTRUCTION WITHIN 1000 FEET OF THAT MAIN HIGH WATER.

HOWEVER, THAT STRICTLY IS IN REFERENCE TO ITS IMPACT ON THE BEACH AND DUNE FEATURES.

I'VE ACTUALLY ASKED THE GLO IN THE PAST IF THEY CONSIDER A WETLAND SWALE WHICH ABUTS THE NORTH TOE OF THE DUNE PART OF THEIR CRITICAL DUNE AREA.

AND THEIR EXACT QUOTE TO ME WAS.

WE WERE TASKED WITH PROTECTING THE DUNE AREA, NOT THE AREA OUTSIDE OF THE DUNE.

AND SO IF IT FALLS LANDWARD OF THAT NORTH TOE OF DUNE, THEN IT'S NOT GOING TO BE COVERED UNDER THE SAME SORT OF THOUGHT PROCESS THAT WE WOULD HAVE OTHERWISE.

GOOD. THANKS. YEAH.

SO WHAT YOU'RE SAYING IS THE GLO DOES NOT CONCERN ITSELF WITH ANYTHING NORTH SIDE OF THE DUNES IN ALL INSTANCES.

OR IS IT JUST WHEN WE'RE ESTABLISHING CRITERIA AND LOOK AT THE CRITERIA FOR DUNE PROTECTION THAT WE'RE DOING RIGHT NOW, THEN IT WOULD BE SOMETHING DIFFERENT BECAUSE HAS THERE NOT BEEN OTHER WETLANDS AREAS THAT WE'VE HAD TO REQUIRE MITIGATION.

SO WE'VE REQUIRED MITIGATION FOR THINGS THAT FALL WITHIN THE CRITICAL DUNE AREA.

IN THIS INSTANCE, THIS FALLS OUTSIDE OF THE CRITICAL DUNE AREA.

SO HISTORICALLY, THE CITY OF GALVESTON HAS NOT REQUIRED WETLANDS MITIGATION FOR ANYTHING OUTSIDE THE DUNE AREA.

THE CITY DOES NOT HAVE AN ABILITY TO REQUIRE ANY MITIGATION FOR WETLANDS OUTSIDE OF THE AREA.

OKAY, THAT'S CONCERNING.

ANYBODY ELSE HAVE A QUESTION? YES, STEVEN.

IS THERE ANY INDICATION OF HOW LONG THAT HAS BEEN THERE OR WHETHER IT WAS MANMADE OR WHETHER IT WAS? YES. SO THIS POND WAS STARTED AFTER IKE.

IKE LEVELED THE DUNES THAT WERE THERE, CREATED A LIKE A LOW AREA THAT WHEN THE DUNES CAME BACK, THAT LOW AREA REMAINED. AND THEN THIS POND JUST GREW FROM THERE.

THIS IS DIRECTLY COURTESY OF, I BELIEVE IT WAS MIKE [INAUDIBLE] WETLANDS.

SHOWED ME THE SCREENSHOTS OVER TIME.

YES. SO I HAVE THAT DIRECTLY TO THANK FROM HIM THAT ANSWER.

YES. THANK YOU.

ANYBODY ELSE HAVE QUESTIONS? YEAH. SO IF I UNDERSTAND, THE POND LOOKS LIKE IT'S SURROUNDED BY GRASSES THAT ARE A PART OF THE DUNE.

IS THAT CORRECT? SO THE GRASSES THAT YOU CAN SEE HERE IN THE FRONT OF THE PHOTO, THAT'S THE PANICKED GRASS.

IT'S KIND OF LIKE IT'S SIMILAR TO SPECIES YOU WOULD SEE AS LONG GRASS AND THEN THE REALLY TALL ONES IN THE BACKGROUND THAT ARE KIND OF BROWNISH, THAT'S THE CATTAILS. AND SO THOSE ARE THE NON DUNE VEGETATION SPECIES IMMEDIATELY BEHIND THOSE CATTAILS.

AND CAN YOU GO BACK A FEW SLIDES? ONE MORE. OR THERE WE GO.

SO ON THE BOTTOM OF THE BOTTOM RIGHT PHOTO, YOU CAN SEE WHERE IT LISTS THE NORTH TOE OF THE DUNE AS BEING THE BOUNDARY OF THE POND AREA THERE.

SO THAT'S WHERE THEY'RE GOING TO BE PUTTING A SILT FENCE TO DELINEATE FROM WHERE THE DUNE COMES DOWN AND MEETS THE POND.

THEY'LL BE PUTTING IN A SILT FENCE TO STOP ANY OF THAT SAND, ANY CONSTRUCTION ACTIVITIES FROM IMPACTING ANY OF THE DUNES OR THE DUNE VEGETATION THERE BECAUSE IT ABUTS RIGHT UP TO IT. BASICALLY, THE DUNE COMES DOWN AND IT WOULD CONTINUE FURTHER, BUT IT RUNS INTO THE WATER THAT IT WHERE THERE'S WATER, THE DUNE VEGETATION CAN'T CONTINUE TO GROW THERE.

SO I KEEP SEEING THIS.

OH, SORRY. I SEE THESE SIGNS THAT SAY SEAGRASS IS IMPORTANT ALL OVER THE PLACE AND I'M JUST FOLLOWING MY THOUGHTS HERE.

SO DOES SEAGRASS DOES NOT GROW THERE? THAT'S CORRECT. SO SEAGRASS IS IT'S PROBABLY REFERRING TO SEA OATS IS A SPECIES THAT YOU MIGHT SEE.

SO THE SEAGRASS CAMPAIGN IS ACTUALLY REFERENCING THE SPECIES LIKE MANATEE GRASS OR TURTLE GRASS WHICH GROW UNDER WATER AND ON THE BAY

[00:35:07]

SIDE. OFTENTIMES, WHAT YOU'RE SEEING IN THESE PHOTOS, COMMISSIONER EDWARDS, ARE THERE IS ABSOLUTELY WETLAND VEGETATION FRINGING THIS BODY OF WATER, BUT IT'S NOT BEEN CLASSIFIED AS DUNE VEGETATION.

AND SO THE VEGETATION, ONE OTHER THING THAT MIGHT HELP IS THE DUNE ENVIRONMENT IS PRETTY SIMILAR TO A DESERT ENVIRONMENT BECAUSE WHILE THERE'S LOTS OF WATER FROM THE OCEAN THERE, IT'S SALTWATER.

AND MOST PLANTS THINK OF LIKE IF YOU WERE TO POUR SALT ON YOUR LAWN, IT WOULD DIE PRETTY QUICK BECAUSE PLANTS HAVE A DIFFICULT TIME ENDURING THAT SALINITY.

SO AND THE DUNE ITSELF DOESN'T GET A LOT OF FRESH WATER.

THEY HAVE TO PUT THEIR ROOTS REAL DEEP DOWN TO TRY TO SURVIVE THERE.

SO THE PLANTS THAT SURVIVE WELL ON THE DUNES, IF YOU SUBMERGE THEM IN WATER OR EVEN HAD IT REALLY MOIST, THEY WOULD ALL DIE.

SO THAT'S WHY THE PLANTS YOU SEE GROWING RIGHT UP AGAINST THE BANK OF THAT POND ARE ONES THAT ARE MEANT TO GROW IN WETLANDS SPECIFICALLY AND ARE NOT FOUND ON YOUR TYPICAL DUNES THERE.

BUT YES, BRANDON WAS CORRECT.

I APOLOGIZE. THE SEAGRASS IS SPECIES THAT ARE MEANT TO LIVE SPECIFICALLY UNDER THE WATER AND OUR SEA TURTLES AND STUFF WILL EAT THEM.

THANK YOU. THANK YOU.

OKAY. I HAVE. OH, YOU HAVE ONE DOWN THERE.

IT'S AN INTERESTING ONE.

RUN PAST ME HOW ARE THEY GOING TO KEEP FROM FILLING IN THE PORTION OF THE POND THAT THEY DON'T OWN? WHAT'S THE PLAN WITH THAT? SO I'LL LET THE APPLICANT SPEAK ON THAT A LITTLE BIT.

AND THEY'VE DISCUSSED IT WITH REINFORCED SPIKES, I BELIEVE, TO HOLD THE CURTAIN ITSELF BACK.

BUT I'LL LET THE APPLICANT ELABORATE ON THAT.

THAT'S FAIR. THANKS. I HAVE A QUESTION, AND THIS IS FIRST OF ALL, I'D JUST LIKE TO CLARIFY THAT SOME OF THE LANGUAGE IN OUR DUNE PROTECTION BEACH ACCESS PLAN REGARDING THIS PARTICULAR CASE SAYS IN A NUMBER 2A IS FOR ALL PROPOSED CONSTRUCTION, LARGE AND SMALL SCALE LOCATED SEAWARD OF THE DUNE PROTECTION LINE.

APPLICANT SHALL SUBMIT THE FOLLOWING ADDITIONAL ITEMS AND INFORMATION TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT, A COMPREHENSIVE MITIGATION PLAN, WHICH INCLUDES A DETAILED DESCRIPTION OF THE METHODS WHICH WILL BE USED TO AVOID, MINIMIZE, MITIGATE AND OR COMPENSATE FOR ANY ADVERSE EFFECTS ON DUNES OR DUNE VEGETATION SHALL BE REQUIRED FOR ALL ALTERATIONS AND DEVELOPMENT ACTIVITIES, SEAWARD OF THE DUNE PROTECTION LINE, SO ON AND SO FORTH.

SO THAT SAYS THAT'S REQUIRED.

RIGHT. AND SO THAT'S WHY, AS I MENTIONED, CAN YOU GO BACK TO THE INLAND WETLANDS SLIDE OR MAYBE DOWN, DOWN, DOWN.

THERE WE GO. THE HIGHLIGHTED POINT THERE, THE THE MITIGATION PLAN IN THIS INSTANCE IS TO AVOID ANY IMPACTS.

SO BECAUSE THERE'S NO DUNE VEGETATION IN THIS AREA AND A SILT FENCE WILL BE INSTALLED TO AVOID IMPACTING ANY VEGETATION THERE, AND THEY WILL NOT BE DAMAGING ANY DUNE VEGETATION IN THE POND ITSELF.

OKAY. SO THAT'S JUST A DECISION THAT YOU GUYS MAKE BASED ON THE APPLICATION, WHETHER OR NOT IT'S GOING TO HAVE ANY IMPACT ON THE DUNE.

WELL, THE CONSULTANTS HERE DETERMINED THAT THE ACTION WILL HAVE NO IMPACTS AND THE MITIGATION PLAN THEY SUBMITTED IS TO AVOID HAVING ANY IMPACTS.

BUT WE DON'T REALLY KNOW WHAT THAT STRUCTURE IS, IT'S GOING TO BE IN THE MIDDLE OF THE POND TO SEPARATE THE POND ALONG THE PROPERTY LINE.

YET WE DON'T KNOW WHAT THAT IS.

RIGHT. BUT THAT'S SEPARATE FROM THE MITIGATION PLAN.

THAT'S TO PREVENT IT FROM TRESPASSING INTO THE NEIGHBORING PROPERTY, NOT THE DUNE VEGETATION, OR THAT WON'T HAVE ANY IMPACT ON THE DUNE OR DUNE VEGETATION IF IT SPILLS INTO THE OTHER PROPERTY LINE WITHIN THE POND.

WELL, THE OTHER THE SAME ORDINANCE AS THE LOCATION OF STRUCTURES OR FOOTPRINT OR PERIMETER.

A PROPOSED CONSTRUCTION ON THE TRACK IS ALSO REQUIRED AS PART OF THEIR APPLICATION, BUT I DIDN'T SEE ANY OF THAT IN THE APPLICATION.

IT JUST SAYS SOME STRUCTURES WILL BE REQUIRED AND I DON'T KNOW IF IT WOULD HAVE ANY KIND OF IMPACT ON THE DUNE OR NOT.

AND I GUESS MY QUESTION IS IN THE GLO LETTER SAYS ANY DEVIATIONS FROM WHAT IS PROPOSED IN THIS PERMIT APPLICATION REQUIRES A NEW OR AMENDED BEACHFRONT CONSTRUCTION CERTIFICATE. SO ALL I'M SAYING IS I'M NOT SURE WE HAVE ALL THE INFORMATION YET THAT WE OR THE GLO NEEDS TO UNDERSTAND.

[00:40:06]

THAT'S A BIG QUESTION THAT RUSTY ASKED THERE.

HOW IN THE WORLD ARE YOU GOING TO SEPARATE THAT POND EFFECTIVELY WITHOUT ANY IMPACT ON ANYTHING SURROUNDING IT? I JUST CAN'T IMAGINE HOW THAT WOULD HAPPEN.

WELL, COMMISSIONERS, IF I JUST CAN REMIND THE COMMISSIONERS, WE STILL HAVE THE APPLICANT THAT WE'LL NEED TO DISCUSS THIS.

BUT I'LL ALSO SAY THAT IF THERE IS AN IMPACT OF SPILLAGE FROM ONE PROPERTY OWNER TO THE OTHER PROPERTY OWNER, THAT REALLY IS BETWEEN THE TWO PROPERTY OWNERS.

FROM WHAT WE HAVE RECEIVED AND I BELIEVE THE APPLICANT WILL SPEAK TO THIS, THEY WILL DISCUSS HOW THEY'RE GOING TO KEEP THE FILL FROM GOING OVER TO THE OTHER SIDE.

AND I BELIEVE THERE MAY EVEN BE A RESPONSE FROM THE OTHER SIDE AS TO WHETHER OR NOT THAT WOULD EVEN BE AN ISSUE FOR THEM AT ALL.

YEAH. OKAY, THAT'S GOOD.

I GUESS THAT'S ALL I HAVE.

ANYBODY ELSE HAVE ANY QUESTIONS? OKAY. WE'LL OPEN THE PUBLIC HEARING NOW FOR 22 [INAUDIBLE].

SORRY ONE MORE THING ADDING ON TO THAT, WE DIDN'T THINK IT WOULD BE NECESSARY FOR THIS, BUT THE APPLICANT DID SUPPLY A LETTER FROM THE HOA WHICH OWNS THE NEIGHBORING PROPERTY, STATING THAT THEY DO INTEND TO FILL THAT THE WETLAND ON THEIR SIDE EVENTUALLY AND THAT THEY DO NOT HAVE ANY PROBLEM IF THE POND FILLS OVER.

SO THEY WOULD STILL NEED TO GO THROUGH THE PROCESS TO OBTAIN THE OR SORRY ARMY CORPS JURISDICTIONAL DETERMINATION AND REVIEW.

BUT AS DONNA MENTIONED, IT'S A MATTER OF PROPERTY OWNER, THE PROPERTY OWNER CONFLICT, AND THEY HAVE STATED THAT THEY WOULD NOT HAVE ANY CONFLICT THERE.

OKAY, GOOD. THANKS.

OKAY. WE'LL OPEN THE PUBLIC HEARING AND APPLICANT IS HERE AND WOULD LIKE TO SAY SOMETHING.

AND MIKE. GOOD AFTERNOON, COMMISSIONERS.

MY NAME IS MICHAEL GAERTNER AND I'M REPRESENTING THE OWNER AND I'D BE GLAD TO DISCUSS ANY QUESTIONS THAT YOU MAY HAVE ABOUT THIS.

IT SEEMS THAT YOU'RE VERY CONCERNED ABOUT SAND GETTING ON THE NEIGHBOR'S PROPERTY.

SO LET ME ADDRESS THAT FIRST.

SO EVERYBODY FAMILIAR WITH ANGLE OF REPOSE.

YEP. OKAY.

SO WHEN THE SAND IS PLACED TO BE PLACED AT THE ANGLE OF THE REPOSE SO THAT THE BOTTOM OF THE SAND IS AT THE PROPERTY LINE, THE SILT FENCE WILL BE PLACED THERE, PROBABLY ABOUT A 4 TO 3 SLOPE, SOMETHING LIKE THAT FOR THE ANGLE OF REPOSE.

BUT IT'S GOING TO BE WHAT IT IS.

IT'S SAND. AND WHEN THE GRASS GROWS ON TOP, THAT'S GOING TO STABILIZE THE SHORELINE AND THEN THE SILT FENCE CAN BE REMOVED.

SO THAT WOULD PROBABLY TAKE UP THE ANGLE OF REPOSE, THE BOTTOM OF THE POND AND THE BOTTOM OF THE ANGLE OF THE REPOSE WOULD BE SOMEWHERE ON THE NEIGHBORING SIDE, AND THE TOP THE BOTTOM OF THE ANGLE OF REPOSE WILL BE ON THE PROPERTY.

OH, OKAY. ON THE PROPERTY LINE.

OKAY. SO. AND HOW DEEP IS THAT POND? OH, OKAY. AND THEN YOU WOULD PUT THE SILT FENCE ON THE PROPERTY LINE.

CORRECT. AND SO YOU WOULD STILL HAVE SOME POND WATER ON YOUR PROPERTY LINE? A LITTLE BIT. AND THEN THE ADJOINING PROPERTY BELONGS TO THE HOA? IT DOES. AND AT SOME POINT, THEY WANT TO FILL IN THE OTHER SIDE OF IT.

THEY WOULD LIKE TO HAVE THE THEY DON'T WANT TO BUILD ANYTHING.

THEY WOULD LIKE TO HAVE THE POND FILLED IN.

YEAH. SO I GUESS EVENTUALLY YOU WANT TO BUILD A HOUSE ON THAT PROPERTY OR SOMETHING? ON THE HOA'S PROPERTY? NO.

PROBABLY, YES. YEAH.

SO I GUESS THAT LITTLE PIECE THERE THAT WOULD ALWAYS BE WET, I GUESS.

RIGHT. WELL, IT'S THE PART WHERE THE ANGLE OF REPOSE WOULD SLOPE DOWN TOWARDS THE ADJOINING PROPERTY IS ON THE OTHER SIDE OF THE BUILDING LINE ANYWAY.

YEAH, I CAN'T BUILD ON THAT.

RIGHT. MISSED THE SETBACK.

IN THE SETBACK. CORRECT.

YES. CAN YOU SHOW ME OR INDICATE THE PROPOSED BUILDING LINE? IS THAT WHERE THE BLUE FLAG MARKS ARE ON THE PLANS? RIGHT HERE WHERE IT SAYS TEN FOOT THAT'S THE BUILDING LINE. THIS IS L2.

BUT THIS IS PROPERTY LINE SO COME INSIDE.

TEN FEET. THAT'S WHERE THE BUILDING SO. REMEMBER CORRECTLY, THIS PROPERTY IS 50 FEET WIDE.

MAYBE IT'S A LITTLE BIT WIDER. ANYWAY, THIS BUILDING LINE IS ON THE OTHER SIDE.

SO PART OF THE APPLICATION, SAY, STATES THAT IT'S TO FILL THE SEASONAL POND WITH BEACH QUALITY SAND IN ORDER TO LATER BUILD ON THE SITE.

[00:45:06]

IS ANY FUTURE CONSTRUCTION PROPOSED WITHIN THE DUNE CONSERVATION AREA? NO. OKAY.

WELL, THERE'S NO FUTURE CONSTRUCTION PROPOSED RIGHT NOW.

I GET IT. I UNDERSTAND.

I KNOW IT MAY HAVE BEEN THE LEADING QUESTION, BUT.

YEAH, OKAY. [LAUGHTER] I GOT IT.

CONCERNING DRAINAGE, HOW DO YOU PLAN TO MITIGATE THE DRAINAGE ISSUES? GLO REQUIRES THAT ALL OF THE DRAINAGE BE DIRECTED TO THE NORTH.

MM HMM. AND WE DON'T HAVE ANY ELEVATION PICTURES OF WHAT YOU'RE PROPOSING ON THE? END RESULT AFTER THE FILL.

I DON'T RECALL SEEING ANYTHING ABOUT WHAT THE END RESULT WILL BE ONCE THE FILL IS AS FAR AS THE DRAINAGE.

IN TERMS OF CONTOURS? YEAH. CONTOUR AND ELEVATION.

THERE WOULD BE A SWALE ALONG EACH SIDE OF THE PROPERTY BETWEEN THE BUILDING LINE AND THE PROPERTY LINE THAT WOULD DIRECT THE RUNOFF TO THE STREET.

THANK YOU. SO THE AMOUNT OF FILL IN THERE IS ONLY 18 INCHES? THAT PICTURE IS A LITTLE DECEIVING.

IT DEPENDS ON HOW MUCH RAIN WE'VE HAD AND ALL KINDS OF DIFFERENT THINGS, WHAT PHASE OF THE MOON WE'RE IN.

BUT GENERALLY YOU CAN WALK ACROSS IT IN A PAIR OF WADING BOOTS.

I MEAN, JUST WHEN YOU GO TO PUT IT TO PUT IN THE FILL, WHEN YOU FILL IN THE POND, YOU KNOW, TO GET TO YOUR GRADE LEVEL THAT YOU WANT TO BE AT, YOU KNOW, TO WHERE THE LEVEL OF THE POND IS NOW.

I MEAN, THAT PICTURE IS A LITTLE DECEIVING, BUT I'M JUST GUESSING.

IT LOOKED TO BE SOMEWHERE AROUND TWO FEET.

PROBABLY NOT MORE THAN THREE.

SO THEN USING YOUR MATH, THAT'S LET'S JUST SAY IT'S THREE FEET AND IT'S 4 TO 1.

IT'S A SLOPE ON THAT OF YOUR ANGLE OF REPOSE.

LET ME ASK MIKE, WHAT WOULD WE THINK THE ANGLE OF REPOSE WOULD BE? SO THAT PUTS YOU RIGHT AT YOU'D BE AT GRADE LEVEL, RIGHT AT THE BUILDING LINE.

BASED IN ROUND NUMBERS.

IF IT'S 3 FEET. IF IT'S THREE FEET.

SO IF IT'S LESS, YOU'VE GOT PLENTY OF ROOM THERE.

AND I COULD ALSO SEE WHERE I WOULD MAKE AN ASSUMPTION.

DON'T WANT TO PARTICULARLY DO THAT.

BUT IF YOUR NEIGHBORING PROPERTY OWNER FILLED THEIRS, THAT'S GOING TO FIX YOUR SWALE PROBLEM AND ALL THAT.

SO IT SOUNDS LIKE IT'S SOMETHING THAT'S KIND OF A WORK IN PROGRESS.

IT'S INTERESTING CONCEPT OF HOW YOU GUYS ARE DOING THIS.

I'LL GIVE YOU. IT'S GOING TO TAKE TIME.

YEAH, BUT I'LL GIVE YOU.

I MEAN, WE PROBABLY BEEN WORKING ON THIS FOR ABOUT TWO OR THREE YEARS NOW TO GET ALL THE DUCKS IN A ROW BETWEEN THE CORPS OF ENGINEERS AND GLO AND EVERYBODY.

AND I'VE BEEN TO I MEAN, I'VE BEEN OUT THERE WHEN THEY'VE DONE, YOU KNOW, THE ENVIRONMENT CORPS HAS BEEN OUT THERE, YOU KNOW, THEY HAVE DUELING SHOVELS AND STUFF THAT LOOKS LIKE SAINT AUGUSTINE IS, YOU KNOW, ISOLATED WETLANDS AND STUFF THAT LOOKS LIKE THAT IS NOT IS A MYSTERY TO ME.

BUT I'M NOT THE BIOLOGIST.

SO I WOULD SAY THAT MY EXPERIENCE HAS BEEN YOU LOOK AT THAT PICTURE, IT CLEARLY LOOKS LIKE A WETLAND.

BUT WHEN THE BIOLOGIST SHOWS UP, THEY GO TAKE THEIR SAMPLES, THEY DETERMINE HOW IT IS.

IT IS INTERESTING STUDY THAT YOU GUYS HAVE BROUGHT HERE.

I'LL GIVE YOU CREDIT FOR BEING VERY CREATIVE TO GET THIS DONE.

WELL, THERE ARE SEVERAL FACTORS THAT GO INTO DETERMINATION OF A WETLAND.

AND, YOU KNOW, WE TRY TO USE THE BEST CONSULTANTS THAT WE CAN FIND.

AND I CAN'T SPEAK HIGHLY ENOUGH OF A&M WETLANDS CONSULTING.

THEY'VE DONE A GREAT JOB FOR US ON MANY PROJECTS OVER THE YEARS.

BUT YOU KNOW, THE OLD SAYING ABOUT THE OPERA, UNTIL THE CORPS OF ENGINEERS SHOWS UP AND SAYS, THIS IS WHAT IT IS, IT CAN BE PRETTY GOOD GUESS UNTIL THE CORPS OF ENGINEERS, THEY'RE THE ONES WHO HAVE BASICALLY GOT THE FINAL SAY.

YOU'RE EXACTLY RIGHT ABOUT THAT.

THANK YOU. ANY OTHER QUESTIONS FOR YOU ALL? I'M GOOD. ANYBODY ELSE? DO YOU ALL HAVE ANY QUESTIONS FOR MR. CHRIS LEE? HE'S HERE FROM A&M WETLANDS.

NO, I'M GOOD. JAMIE, DO YOU WANT TO SAY SOMETHING? YES. WE HAVE ONE OF THE ADJOINING PROPERTY OWNERS.

YES. MY NAME IS JAMIE RANDALL AND WE OWN THE PROPERTY TO THE OTHER SIDE.

AND THAT'S MY MOTHER'S LOT AT 25 GRAND BEACH.

AND WE'VE BEEN GOING AROUND AROUND ABOUT THIS BECAUSE IF YOU GO OUT THERE, EVERY HOUSE IS ABUT UP TO A LINE AND THAT'S THE BEACH, EXCEPT FOR HER LOT, WHICH IS A CUT OF A PUDDLE OR A DITCH.

AND SHE'S MOVING NEXT TO ME BECAUSE SHE'S ELDERLY AND WE'RE TRYING TO BUILD THAT HOUSE NEXT TO EACH OTHER.

AND HER HOUSE WOULD BE ABOUT 20 FEET LIKE IN A CORRIDOR, BECAUSE THERE'S A BEACH HOUSE ON THIS SIDE AND A BEACH HOUSE ON THIS SIDE, AND THEN THERE'S THE BEACH FRONT. SO WE'RE TRYING TO FILL THAT IN SO THAT SHE COULD HAVE HER BEACH FRONT AS WELL AS THE NEIGHBOR.

[00:50:03]

THAT'S ALL WE'RE ASKING FOR, IS TO FILL IT IN SO THAT WE CAN BUILD A HOUSE EVEN TO EVERYBODY ELSE'S.

OTHERWISE HER HOUSE WILL BE MUCH SMALLER, WHICH AN HOA REQUIRES 2400 SQUARE FEET.

AND WITH THAT LAND BEING WET RIGHT THERE, WE CAN'T EVEN BUILD A HOUSE THAT'S BIG ENOUGH TO MEET THE HOA REQUIREMENT OF 2400 SQUARE FEET.

SO THAT'S WHY WE'VE BEEN TRYING TO FIGURE THIS OUT.

SO WITH THAT IN MIND, WE WOULD REALLY APPRECIATE YOUR HELP.

OKAY. WOULD YOU MIND SIGNING IN, PLEASE, BEFORE YOU GO? OH, YES, THANKS.

IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK TO THIS CASE.

OKAY. WE'RE GOING TO BRING IT BACK TO THE PLANNING COMMISSION FOR A MOTION.

YES, I'LL MAKE A MOTION THAT WE APPROVE 22BF-069 AS PRESENTED BY STAFF.

THERE'S A MOTION FOR APPROVAL.

CAN I GET A SECOND? YOU SECONDED? YES. OKAY. WE'VE GOT A MOTION AND A SECOND.

IS THERE ANY DISCUSSION? YEAH. I'D JUST LIKE TO TELL STAFF THAT I THINK THAT IT MIGHT BE WORTHWHILE FOR US TO LOOK AT WHAT SORT OF REGULATIONS WE HAVE IN PLACE FOR WETLAND CONSERVATION THAT IS NOT WITHIN THE ARMY CORPS JURISDICTION.

I KNOW THAT YOU'RE LIMITED.

I GET IT. DON'T LIKE IT.

AND I THINK THAT IT MIGHT BE SOMETHING THAT THE CITY MIGHT WANT TO LOOK INTO IN THE FUTURE.

AND I UNDERSTAND THAT THAT IS NOT OUR JURISDICTION.

I UNDERSTAND THAT I DON'T EVEN WANT THAT IN OUR JURISDICTION.

BUT I WOULD BE INTERESTED TO SEE HOW THAT IS CONTROLLED, JUST FOR OUR INFORMATION.

YEAH, ABSOLUTELY. BECAUSE EVEN WITHOUT AN ENVIRONMENTAL STUDY ON THIS, WITH THIS FRESH LAND, SMALL BODY OF WATER, THERE'S NO INDICATION OF WHAT WE COULD BE LOSING WITH THAT DEVELOPMENT.

YEAH. OKAY.

I THINK WE'RE READY TO VOTE IF THERE'S NO MORE DISCUSSION.

ALL IN FAVOR RAISE YOUR HAND.

OKAY. THAT'S UNANIMOUS.

THANK YOU. OKAY.

NEXT NEXT WE HAVE 22P-040.

YOU GOT THEM ALL, HUH? FIVE.

ALL RIGHT. FOR OUR NEXT CASE, WE HAVE 4226 PIRATES DRIVE.

[7.A.2. 22P-040 (4226 Pirates Drive) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Single-Family Dwelling With A Fibercrete Driveway And Footer. Property Is Legally Described As Abstract 121 Hall & Jones Survey, Lot 5, Block 3, Pirates Beach Section 2, In The City And County Of Galveston, Texas. Applicant: Christopher Webb Property Owner: Scott And Tara MacLaren]

THIS IS A REQUEST FOR AN EXEMPTION TO CONSTRUCT A SINGLE FAMILY DWELLING WITH PAVER, DRIVEWAY AND FIBERCRERE FOOTER.

THE PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT 121 HULL AND JONES SURVEY LOT 5 BLOCK THREE PIRATES BEACH SECTION TWO, A SUBDIVISION LOCATED IN THE CITY AND COUNTY OF GALVESTON, TEXAS.

THE SUBJECT SITE IS LOCATED IN THE PIRATES BEACH SUBDIVISION.

SINGLE FAMILY DWELLINGS ARE LOCATED TO THE NORTH AND SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THE AREA IS ERODING AT A RATE OF 5 TO 6 FEET PER YEAR.

STAFF HAS PREPARED SLIDES FOR YOUR VIEWING.

FIRST WE HAVE THE FIRM AND BEG MAP.

YOU WILL NOTICE TWO HOUSES SEAWARD OF THE LOT IN QUESTION, A FLEDGLING DUNE COMPLEX TO THE EAST AND AN ENCROACHING BEACH.

THIS CASE IS SOMEWHAT UNUSUAL DUE TO THE COMBINED RULES AND CIRCUMSTANCES.

WHEN DUNES ARE ABSENT.

THE DUNE PROTECTION LINE REVERTS TO 200 FEET LANDWARD OF THE LINE OF VEGETATION.

IN THIS AREA FROM THE END OF THE SEAWALL TO THE 13 MILE ROAD, WHICH IS THE WESTERNMOST BOUNDARY OF THE PIRATES BEACH SUBDIVISION.

THE LINE OF VEGETATION IS 200 FEET FROM THE MEAN LOW TIDE LINE, WHICH IS ACTUALLY FURTHER SEAWARD THAN WHAT THE LINE OF VEGETATION WOULD BE IF IT WAS THE ACTUAL VEGETATION LINE HERE.

THE INITIAL SURVEYS PROVIDED SHOWED DUNE SEAWARD OF THE PROPERTY SUBSTANTIAL DUNES ARE SCARCE IN THIS AREA OF THE ISLAND.

SO WE TOOK OUR SURVEYING EQUIPMENT OUT AS A DIVISION AND GATHERED 128 ELEVATION DATA POINTS, PHOTOS AND FIELD OBSERVATIONS TO CONFIRM THAT INDEED THERE WAS NO SUBSTANTIAL DUNE SEAWARD OF THIS LOT.

ON THIS NEXT SLIDE, YOU CAN SEE THE DATA POINTS.

ON THE NEXT.

AND THE NEXT PHOTO SHOWING THE LACK OF DUNES.

ON THE FOLLOWING SLIDE.

SORRY, THE NEXT.

THERE YOU GO. ON THE FOLLOWING SLIDE, WE HAVE THE SUPPLIED APPLICANT SURVEY IN THE MIDDLE THE SURVEY, WITH RESPECT TO THE DUNE PROTECTION LINE, CUT THROUGH THE MIDDLE OF THE LOT THERE. AND ON THE RIGHT, THE POTENTIAL HOME FOOTPRINT LANDWARD OF THIS LINE WITHIN THE BUILDING LINES.

IF THEY WERE NOT TO SEEK AN EXEMPTION.

REMEMBER THIS LINE FUNCTIONS AS THE SIMILAR TO THE 25 FOOT OFFSET FROM THE NORTH TOE OF THE CRITICAL DUNE AREA.

[00:55:01]

SO IN BLUE THERE, THAT'S THE AREA WHERE THEY COULD BUILD ON THEIR LOT IF THEY WERE NOT TO SEEK AN EXEMPTION AND BUILD LANDWARD OF THE EQUIVALENT OF THE 25 FOOT OFFSET FOR THEIR PROPERTY.

ON THE NEXT SLIDE, AN ADDITIONAL OPTION OPEN TO THE APPLICANTS OR THOSE IN SIMILAR POSITIONS IF THEY DID NOT WANT TO SEEK AN EXEMPTION OR BUILD ONLY IN THE AREA PERMITTED WOULD BE TO BUILD A DUNE SEAWARD OF THEM TO RESET THE CONSTRUCTION SETBACKS TO BE 25 FEET LANDWARD OF THE ACTUAL DUNE.

THIS DUNE WOULD HAVE TO BE CONSTRUCTED TO A HEIGHT OF 10 FEET ABOVE GRADE AND 50 FEET WIDE, WHICH IS FOR THESE APPLICANTS IMPRACTICAL AND TOO EXPENSIVE AS WELL AS IT IS FOR MOST RESIDENTS.

HOWEVER, THERE ARE MULTIPLE DUNES WHICH ARE BEING CONSTRUCTED TO THESE STANDARDS ON THE ISLAND RIGHT NOW.

ADDITIONALLY, ON THE NEXT SLIDE, YOU WILL SEE THAT WHILE THAT WOULD EXTEND A GOOD DISTANCE FAR OUT ONTO THE BEACH ON THE NEXT SLIDE, PLEASE, YOU'LL SEE THAT THAT IS APPROXIMATELY WHERE THE DUNES WERE PRIOR TO THE 2020 STORM SEASON.

HURRICANE LAURA, TROPICAL STORM BETA.

AND IT IS REASONABLE THAT IT WOULD BE RESTORING DUNES TO THEIR APPROXIMATE PREVIOUS LOCATION.

WITH ALL THAT BEING SAID, THE APPLICANTS DO NOT FIND IT PRACTICABLE TO BUILD A SMALLER HOUSE OR TO INSTALL A DUNE SEAWARD OF THEIR LOT.

SO HERE ON THE NEXT SLIDE WE HAVE THEIR PROPOSED RESIDENCE, LOCATION AND FOOTPRINT AND PERSPECTIVE VIEWS.

NEXT SLIDE PLEASE.

SIDE PROFILES FOR EAST, WEST AND EAST.

NEXT, PLEASE.

SIDE PROFILES NORTH AND SOUTH.

NEXT, PLEASE.

ZOOMED IN FOOTPRINT.

NEXT PLEASE.

DRAINAGE PLAN WITH THE LITTLE ARROWS.

NEXT, PLEASE.

PHOTOS OF THE LOT.

AND FINALLY NEXT, PLEASE.

ADDITIONAL PHOTOS OF THIS LOT.

THE APPLICANTS HAVE REMOVED ALL ENCLOSURES BENEATH THE HOME, WHICH WAS SOMETHING THAT THE GLO WAS CONCERNED WITH.

AND STAFF DOES RECOMMEND APPROVAL OF THIS PROJECT.

THIS CONCLUDES STAFF REPORT.

PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS.

OKAY WE'LL OPEN THE PUBLIC HEARING NOW.

DOES ANYBODY HAVE QUESTIONS FOR STAFF? YES, RUSTY. SO THE EXEMPTION IS PRIMARILY DUE TO THE ABSENCE OF ANY DUNE THERE? THAT IS CORRECT. OKAY.

THANKS. YES, STEPHEN, DOES THIS HAVE ANY IMPACT ON THE LOTS ON THE TWO LOTS IN FRONT OF THEM? MEANING AS FAR AS THEY'RE STANDING.

WELL, DOES DOES AN EXEMPTION OF THAT DUNE LINE CHANGE THEIR BUILDING REQUIREMENTS OF ANY WAY OR? IT DOES NOT. IF THEORETICALLY A STORM WERE TO COME THROUGH AND WIPE OUT THOSE HOUSES, ONE OR BOTH EITHER AND AN EXEMPTION WAS OR WAS NOT GRANTED THEY WOULD STILL BE BEHOLDEN TO THE SAME CRITERIA OF REQUIRING AN EXEMPTION TO BE BUILT BACK OR HAVING TO BE HAVING TO PUT IN THE SAME DUNE.

THE ONLY DIFFERENCE IS THEY WOULD NOT HAVE A PORTION OF THEIR LOT THAT THEY WOULD BE ABLE TO BUILD IN WITHOUT AN EXEMPTION.

ANYBODY ELSE HAVE A QUESTION? I HAVE A QUESTION. THE LETTER THAT CAME IN THE STAFF REPORT THAT WAS FROM THE APPLICANT, SAID IN PART, I QUOTE, IN FURTHER CONVERSATIONS WITH THE CITY PERSONNEL, IT APPEARS OUR SITUATION IS UNIQUE.

AND IT WAS NOT LIKELY THE INTENT OF THE LANGUAGE IN THE ORDINANCE TO APPLY TO A SITUATION LIKE YOURS.

AND IT SAYS, UNDERSTAND CITY PERSONNEL IS WORKING ON AMENDING THE LANGUAGE IN THE ORDINANCE RELATED TO THIS MATTER.

DOES THAT MEAN ANYTHING TO YOU? WHAT DOES THAT MEAN? YES, I'LL TAKE THAT.

SO, SINCE MY ARRIVAL WITH THE CITY OF GALVESTON, I BEGAN DIGGING THROUGH CHAPTER 29 OF THE CODE OF ORDINANCES.

AND THERE ARE A NUMBER OF THINGS THAT I'M RECOMMENDING FOR AMENDMENTS OR CHANGES TO THE CODE, AND THAT'S WHAT THE INDIVIDUAL IS REFERENCING, IS THE FACT THAT I AM CURRENTLY IN THE MIDST OF WORKING ON AN ITERATION OF THE CODE THAT HOPEFULLY WOULD PROVIDE SOME CLARITY TO THIS POINT, BECAUSE THERE IS SOME THERE IS SOME INTERPRETATION THAT HAS TO BE DONE CURRENTLY WITH REGARDS TO WHAT THE CODE WOULD HAVE US DO IN THIS INSTANCE.

BUT IT DOESN'T SEEM TO ME LIKE THIS IS A UNIQUE SITUATION.

THIS HAS HAPPENED IN A LONG STRETCH OF BEACH RIGHT HERE.

YOU'RE CORRECT. IT'S UNIQUE IN THAT UP TO THIS POINT, WE HAVEN'T HAD A LOT OF INFILL SINCE LAURA BETA DELTA.

[01:00:05]

LAURA BETA DELTA OCCURRED, TOOK AWAY ALL THE DUNES AND NOW GIVEN THE MARKET, WE'RE HAVING A BUNCH OF INFILL.

THESE FOLKS JUST HAPPEN TO BE THE FIRST.

THERE ARE OTHERS THAT ARE COMING DOWN THE PIPELINE THAT ARE IN VERY SIMILAR SITUATIONS WHERE THEY ARE ACCORDING TO THE SETBACKS SEAWARD OF THE DUNE PROTECTION LINE.

HOWEVER, THERE ARE HOUSES THAT ARE STILL STANDING SEAWARD OF THEM.

SO IT IS UNIQUE IN THAT IT IS THE FIRST OF THESE THAT WE HAVE SEEN SINCE LAURA BETA DELTA OCCURRED.

BUT UNFORTUNATELY, IT'S NOT A UNIQUE SITUATION BECAUSE A LOT OF THE DUNES WERE DAMAGED IN THE LAST STORM SEASON.

WHAT IS YOUR STRATEGY OR GOAL AT ADDRESSING THIS PARTICULAR SITUATION? I'LL BE TAKING A PROPOSAL TO THE CITY COUNCIL AND REQUESTING THAT THEY PROVIDE GUIDANCE ON WHAT OUR STRATEGY WOULD BE AS A CITY, WHETHER WE WERE GOING TO EMBRACE A MANAGED RETREAT STYLE APPROACH TO THIS, IN WHICH CASE WE WOULD ASSESS THE FACT THAT THE EROSION IS SOMETHING WE'RE GOING TO HAVE TO LIVE WITH, AND WE NEED TO HAVE OUR SETBACKS ROLL WITH THAT EROSION AND JUST ACCEPT THE FACT THAT WE ARE GOING TO HAVE LOTS THAT ARE LOST TO EROSION, WHETHER OR NOT THEY ARE PHYSICALLY ON THE BEACH YET OR NOT, BECAUSE THEY WILL BE EVENTUALLY OR WHETHER WE'RE GOING TO TAKE A MORE PROACTIVE STANCE IN REGARDS TO ALLOWING LOTS LIKE THIS TO BE DEVELOPED AS LONG AS THEY TAKE SIGNIFICANT STEPS TO MAKE THEMSELVES MORE RESILIENT, SUCH AS REMOVING ALL ENCLOSURES ON THE BASE, ON THE GROUND FLOOR, SUCH AS WHAT THIS APPLICANT HAS PROPOSED TO DO.

SO IT'S REALLY A MATTER OF DETERMINING WHAT DIRECTION OUR COMMUNITY IS GOING TO GO WITH REGARDS TO THE SEVERE EROSION THAT WE FACE.

I WANT TO MAKE A QUICK POINT TO EVERYBODY, BECAUSE SOMETIMES BEACHES CAN BE A LITTLE BIT CONFUSING.

I DON'T KNOW IF THE CAMERA IS PICKING ME UP HERE, BUT I'M GOING TO DO A PBS MOMENT HERE FOR A SECOND.

SO A BEACH TEMPLATE IS KIND OF LIKE THIS FILE FOLDER.

IT IS A SINGLE UNIT.

IT WANTS TO FUNCTION AS A SINGLE UNIT.

IT HAS PARTS OF IT.

IT HAS A SWASH ZONE WHERE THE WATER HITS, HAS AN AERIAL BEACH WHERE WE RECREATE IT, HAS A FOUR DUNE AND A DUNE AREA WHERE DUNES FORM.

IT WANTS TO HAVE THIS DISTANCE, IT WANTS TO HAVE THIS SHAPE, IT WANTS TO HAVE THIS SLOPE.

WHEN WE HAVE EROSION LIKE THIS, WE DON'T JUST LOSE THE FRONT OF THIS TEMPLATE.

THIS TEMPLATE GETS PUSHED BACKWARDS.

SO IF YOUR HOUSE THAT YOU WANTED TO BUILD WAS HERE BEHIND THE DUNES AND THEN YOU HAVE EROSION OCCUR.

NO MATTER HOW MANY TIMES YOU PUT DUNES ON THIS SECTION OF THE FILE FOLDER, THEY'RE NOT GOING TO STAY BECAUSE THAT WANTS TO BE FLAT.

THE DUNES WANT TO FORM WHERE YOUR LIVING ROOM IS.

SO AS THAT EROSION CONTINUES TO HAPPEN, EVENTUALLY YOU HAVE DUNES THAT WANT TO FORM BACK IN YOUR NEIGHBOR'S HOUSE AND YOU ARE NOW SITTING OUT ON THE BEACH TEMPLATE.

AND NO MATTER HOW MANY TIMES YOU TRY AND TOSS SAND IN FRONT OF YOU, UNLESS WE BRING THAT TEMPLATE BACK SEAWARD, THEY'RE JUST NOT GOING TO STAY THERE.

IT'S JUST GOING TO BE SACRIFICIAL MATERIAL IN FRONT OF YOU FOR THE NEXT STORM.

AND SO THAT'S WHY IN THIS INSTANCE, GIVEN THESE APPLICANT'S SITUATION WHERE THERE ARE TWO HOMES SEAWARD OF THEM, IT IS FAIRLY IMPRACTICABLE FOR THEM TO BUILD A DUNE OF ANY SORT IN FRONT OF THEIR NEIGHBORS PROPERTY, DIRECTLY SEAWARD OF THEIR NEIGHBORS PROPERTY IN ORDER FOR THEM TO BUILD ON THEIR OWN PROPERTY.

SO IT'S CERTAINLY A QUANDARY WE HAD A COMMISSIONER JUST A SECOND AGO SAY THAT WE BROUGHT YOU A REALLY INTERESTING CASE.

I THINK A LOT OF THESE ARE GOING TO BE REALLY INTERESTING TODAY BECAUSE THIS IS ANOTHER INTERESTING ONE WHERE WE'RE FACED WITH THE QUESTION OF WHAT DO WE SEE AS PRACTICABLE FOR THESE APPLICANTS.

STAFF HAS REVIEWED THIS THOROUGHLY, HAD MANY MEETINGS ON IT AND REALLY TALKED ABOUT IT.

AND WE RECOMMEND THAT GIVEN THE STEPS THAT THE APPLICANTS ALREADY TAKEN, GIVEN THE SITUATION THAT THEY'RE UNDER, WE WOULD RECOMMEND APPROVAL AS HAS BEEN PROPOSED HERE.

AND THEN MOVING FORWARD AS A STAFF, WE'RE WORKING HARD TO MAKE SURE THAT FUTURE ITERATIONS OF THE CODE ARE VERY, VERY CLEAR WITH REGARDS TO WHAT SHOULD HAPPEN.

AND IN THESE INSTANCES.

IT LOOKS HERE LIKE THERE'S ALREADY TWO LOTS THAT ARE SITTING ON THE PUBLIC BEACH.

IS THAT RIGHT? TWO PLATTED LOTS.

SO THERE ARE TWO BEACHES.

THERE ARE TWO LOTS SEAWARD OF THEM.

THAT IS CORRECT. THE PUBLIC BEACH IN THIS INSTANCE WOULDN'T IT WOULD BE 200 FEET FROM MEAN LOW WATER.

SO THEY MAY NOT ACTUALLY BE ON PUBLIC BEACH.

IF THEY WERE, THEY WOULD HAVE ADDITIONAL RESTRICTIONS IN REGARDS TO WHAT THEY CAN AND CAN'T DO TO THEIR HOUSE.

AND WE'LL ACTUALLY BE TALKING ABOUT A HOUSE THAT'S IN THAT SITUATION HERE SOON.

[01:05:02]

BUT THESE HOUSES ARE ABSOLUTELY BEING INUNDATED BY AN EROSIONAL BEACH RIGHT NOW AND AND VERY LIKELY MAY NOT BE WITH US FOR VERY MANY MORE STORM SEASONS.

AND THAT'S NOT UNIQUE TO THIS STREET.

THAT'S FAIRLY COMMONPLACE THROUGHOUT THE WEST END RIGHT NOW.

RIGHT. AND I BELIEVE BOTH OF THOSE LOTS ARE OWNED BY THE CITY.

AND ALSO, I SCROLLED BACK TO THIS SLIDE BECAUSE AS BRANDON IS MENTIONING, THE BEACH TEMPLATE ADJACENT TO IT, THAT VIEW SHED THAT PIRATE'S BEACH HAS TO THE EAST IS SHOWING US WHERE THE BEACH TEMPLATE IS TRYING TO GO.

FOLLOWING THOSE STORMS THE DUNES RETREATED TO APPROXIMATELY EQUIVALENT WITH THE MIDDLE OF THE FRONT ROW HOUSE.

THAT'S WHERE DUNES ARE.

THAT'S THE MOST SEAWARD EXTENT OF DUNES THERE.

THE HEALTHIEST PORTION OF THE DUNES IS ABOUT EQUAL WITH THE LOT IN QUESTION.

THAT'S WHERE THEY'RE REALLY FORMING.

SO DUNES ARE RETREATING.

THE WHOLE BEACH IS RETREATING IN AREAS WHERE THEY'RE ALLOWED TO GROW AS YOU CAN SEE HERE, THAT'S WHERE THEY'RE WANTING TO FORM.

AND GIVEN YOUR DISCUSSION ABOUT THIS TEMPLATE, DUNE TEMPLATE, WHICH WAS VERY INTERESTING, I THINK IT DOESN'T SEEM LIKE IT MAKES ANY DIFFERENCE WHETHER THIS HOUSE WE'RE GOING TO BE TALKING ABOUT TODAY IS THE WAY IT'S PRESENTED BY THE APPLICANT, OR IT'S THAT TRAPEZOID SHAPE THAT CONFORMS TO THE DUNE PROTECTION LINE OR NOT.

IT'S NOT GOING TO MAKE ANY DIFFERENCE GIVEN WHERE THAT DUNE IS HEADED.

THE DUNES ARE NOT GOING TO IN TERMS OF THE IMPACT THAT IT'S GOING TO HAVE ON THE ENVIRONMENT.

NO, SIR.

I THINK THAT THE APPLICANTS SEE IT MAKING A HUGE DIFFERENCE WHETHER THEY GET TO BUILD THEIR HOUSE OR THE TRAPEZOID HOUSE.

BUT YEAH, ENVIRONMENTALLY, IT'S NOT A QUESTION THAT THIS WHOLE AREA IS HIGHLY EROSIVE.

AND UNLESS WE WERE GOING TO TAKE A STANCE OF NO BUILDING AND WE'RE GOING TO START DEMOLISHING STUFF, WE'RE NOT GOING TO PUT BACK DUNES UNTIL WE'RE ABLE TO PUT BACK THE BEACH TEMPLATE.

RIGHT. SO IN YOUR ANALYSIS AND STRATEGY IT'S GOING TO BE SOMETHING I HOPE MORE THAN WHAT WE'RE FACED WITH TODAY, A LITTLE MORE WE WOULD HAVE MORE DIRECTION WHEN THESE THINGS COME UP THAN WHAT WE HAVE TODAY.

THAT'S THE GOAL.

YES, SIR. OKAY, GOOD.

THANKS. I BELIEVE YEAH, I GUESS I'M A LITTLE BIT CONFUSED AND MAYBE IT'S BECAUSE SO MUCH INFORMATION BUT IT SOUNDS TO ME LIKE IF I UNDERSTOOD WHAT YOU SAID, THAT WE'RE KIND OF WAITING FOR THE HURRICANE TO WIPE THEM OUT.

YOU KNOW, THAT'S KIND OF WHAT I HEARD A LITTLE BIT, YOU KNOW, AND THEN WE CAN DO SOMETHING ABOUT IT.

IS THAT WHAT I HEARD? THE GREAT THING ABOUT A BEACH HOUSE IS THAT YOU HAVE A BEACH HOUSE UNTIL YOU DON'T.

OKAY. THERE YOU GO.

ALL RIGHT. SO IF THAT'S THE CASE, THEN I DON'T QUITE UNDERSTAND WHY WE WOULD ALLOW SOMEONE TO BUILD A HOUSE IN A PLACE IN A ZONE THAT WE CONSIDER PART OF THE, YOU KNOW, THE ZONE THAT WE WERE TALKING ABOUT, BECAUSE THEN WE'RE JUST I DON'T KNOW.

YOU KNOW WHAT I'M SAYING? I DON'T REALLY UNDERSTAND WHY WE'RE BUILDING IN THAT AREA, WHY WE AREN'T JUST SAYING WE CAN'T BUILD THERE BECAUSE IT'S WE'RE TAKING AWAY PART OF THE BEACH. SO YOU HAVE YOU HAVE STUMBLED UPON.

I GUESS THE REASON WHY WE HAVE THESE MEETINGS, THAT BUILDING IS PROHIBITED IN THIS AREA AND THEY ARE ASKING FOR AN EXEMPTION FROM THE RULES TO ALLOW THEM TO BUILD IN THIS AREA.

SO ONE THING TO CONSIDER IS THE INTENT OF THESE RULES.

IS IT [INAUDIBLE] IS THE REASON WHY WHEN THERE'S NO DUNES, IT GOES FROM 25 FEET FROM THE NORTH TOE OF THE DUNE THAT YOU CAN'T BUILD TO 200 FEET FROM LINE OF VEGETATION.

IS THE REASON FOR THAT TO ALLOW FOR THE DUNES TO GROW BACK, OR IS IT BECAUSE IT IS STRUCTURALLY UNSAFE OR NOT RESILIENT TO BUILD IN THAT AREA AND WE NEED TO HAVE SOME SORT OF CONTROLLED RETREAT IN THAT PERIOD IF IT'S THE FORMER.

NO DUNES ARE GOING TO GROW IN THE YARDS AND DRIVEWAYS OF THOSE FIRST TWO HOUSES.

THERE'S NO REASON TO DENY IT.

GRANT AN EXEMPTION IF IT'S THE LATTER, AND IT'S BECAUSE WE SHOULD BE PERFORMING SOME SORT OF CONTROLLED RETREAT THIS IS AN AREA THAT IT'S ONLY GOING TO BE HERE UNTIL THE NEXT STORM COMES AND WASHES IT AWAY.

THEN THAT'S ANOTHER SOMETHING TO CONSIDER.

SO IT IS AN EXCELLENT QUESTION.

AND IF I MAY, COMMISSIONER, A COUPLE OTHER THINGS.

IT'S NOT THAT THEY ARE NOT ABLE TO BUILD.

[01:10:01]

I MEAN, THEY'RE LIMITED IN WHAT THEY CAN BUILD.

BUT ULTIMATELY, THE ANSWER TO YOUR QUESTION IS FREE WILL.

IF THIS IS WHAT THE OWNERS OF THAT PROPERTY WANT TO DO, IS TO BUILD ON THEIR PROPERTY BECAUSE IT IS STILL THEIR PROPERTY.

WE KNOW THAT IT'S ERODING.

CLEARLY, THERE ARE LOTS THAT HAVE ALREADY FACED THE ISSUE OF HERE TODAY, GONE TOMORROW.

AND SOME PEOPLE WANT TO TAKE THAT HAVE THAT OPPORTUNITY TO HAVE THEIR BEACH HOUSE FOR HOWEVER LONG THEY'RE GOING TO HAVE THAT BEACH HOUSE.

BUT THE CITY DOES NOT OWN THAT PROPERTY.

IF THIS IS SOMETHING THAT THE OWNERS OF THAT PROPERTY WISH TO DO, THEY'VE SOUGHT AN EXEMPTION IN ORDER TO TO INCREASE THE AMOUNT OF HOME THAT THEY CAN BUILD.

SO WHETHER YOU PREFER TO BUILD ON THE BEACH, THAT WOULD BE YOUR CHOICE.

AND THIS IS, OF COURSE, THEIR CHOICE.

IN THE BIG PICTURE, IT'S IN THE CITY'S INTEREST TO MINIMIZE DISASTER LOSS AND INCREASE RESILIENCE OVERALL, I THINK.

IS THAT FAIR TO SAY? ABSOLUTELY. AND THE CITY HAS TAKEN STEPS.

AND, OF COURSE, THE GOVERNMENT OVERALL, THE FEDERAL GOVERNMENT OVERALL HAS ALSO TAKEN STEPS TO ADDRESS THESE TYPES OF ISSUES.

WE HAVE LEARNED FROM SOME OF THE IMPACTS TO THIS ISLAND IN THE PAST, HURRICANE IKE.

WE HAVE LEARNED FROM WHAT THE CITY IS GOING TO WHAT BURDEN THE CITY IS GOING TO TAKE ON FOR FOLKS THAT CHOOSE TO HAVE A HOME ON A COASTAL ISLAND.

AGAIN, THERE IS FREE WILL IN MANY OF THE THINGS THAT WE DO IN THE UNITED STATES OF AMERICA AND WHAT THE CITY WILL DO IN THE FUTURE. SOME THINGS I CAN SPEAK TO, SOME THINGS I'M JUST NOT ABLE TO SPEAK TO BECAUSE WE DON'T KNOW.

BUT REST ASSURED THAT THE CITY IS GOING TO TRY AND MITIGATE.

THEY'RE PART OF YOUR JOB AND STRATEGY, THEIR RESPONSIBILITIES TO THE HOMEOWNERS WHO CHOOSE TO DO THIS.

SO IN OTHER WORDS, THIS IS A POLICY ISSUE THAT NEEDS TO BE ADDRESSED AT SOME POINT IN THE FUTURE BY.

WELL, CLARIFY WHAT YOU MEAN BY A POLICY ISSUE.

AND I ALSO DON'T WANT TO GET AWAY FROM THE CASE AT HAND IF WE'RE TALKING ABOUT THE CITY'S ABILITY TO EITHER EDUCATE OR TO ALLOW PROPERTY OWNERS TO USE THEIR PROPERTY AS THEY SEE FIT, THEN THAT'S ANOTHER DISCUSSION FOR ANOTHER DAY.

I THINK THAT WE NEED TO FOCUS ON THE CASE AT HAND.

WE'RE LOOKING AT UPDATING THE PREVIOUS REGULATIONS TO ACCOMMODATE AND MAYBE ACCOMODATE IS TOO LOOSE A WORD, BUT TO REALLY FIGURE OUT A PRACTICAL CONSIDERATION FOR THIS TYPE OF SITUATION.

AND I THINK BRANDON AND RUSSELL HAVE DONE EXCELLENT WORK IN TRYING TO FIGURE OUT A WAY TO HANDLE THESE TYPES OF CASES, AND THEY'RE ALL GOING TO BE UNIQUE. THANK YOU, COMMISSIONER WALLA.

YOU'RE GOING TO GET A BOATLOAD TODAY OF UNIQUE TYPE OF SITUATIONS, BUT THEY ARE FACING THE CITY AND WE NEED TO DEAL WITH WHAT WE'RE PRESENTED TO TODAY. OKAY, STEPHEN.

UNDERSTANDING THE LEVEL OF EROSION AND UNDERSTANDING WHERE THE DUNE IS AND BRANDON'S ILLUSTRATION WITH THE ENVELOPE, WHAT IS THE CITY'S LIABILITY, THOUGH, IN DISREGARD PROVIDED AN EXEMPTION TO THESE RULES AND ALLOWING THEM TO BUILD.

THIS IS AN A MATTER OF LIABILITY FOR THE CITY.

THE EXEMPTION IS ALLOWED PER OUR CODE.

ALL RIGHT. QUICK QUESTION.

SO WE HAVE 168 FEET FROM THE VEGETATION LINE.

I'M JUST GUESSING.

DUNE FIELDS.

TYPICALLY, IF THERE IS SUCH A THING, OR PROBABLY ANYWHERE FROM 100 TO , 200 FEET WIDE, WOULD THAT BE A CORRECT ASSUMPTION? IT VARIES WIDELY.

I KNOW IT VARIES VERY WIDELY, BUT WHAT I'M TRYING TO GET AT IS, IS THERE ARE AREAS WHERE YOU CAN HAVE A DEN FIELD THAT'S ONLY 100 FEET WIDE.

AND IF THAT WAS THE CASE AND THE DUNES WERE THERE, THESE GUYS WOULD ACTUALLY BUILD IN THEIR HOUSE.

YOU KNOW, WITHIN THE 25 FOOT SAFETY ZONE OR VERY, VERY CLOSE TO IT.

SO I CAN SEE WHERE YOU GUYS ARE WORKING.

IF I'M NOT MISTAKEN, THAT'S A DIRECTION YOU GUYS ARE HEADED THAT THIS DOES CREATE A LITTLE BIT OF A BURDEN FOR THOSE GUYS.

SO I JUST WANT TO MAKE SURE I'M ON THE RIGHT TRACK HERE.

[01:15:01]

GLO SAYS NOTHING UNDERNEATH.

OTHER THAN THAT, THEY'RE GOING, HEY, CITY THIS YEAR, DEAL, DEAL WITH IT.

IS THAT CORRECT? YES. AND THIS IS ALSO I MEAN, I SEE THE PICKLE WE HAVE HERE.

AND IT IS, YOU KNOW, YOUR ENVELOPE DEAL IS VERY GOOD.

KNOW, AT SOME POINT WE'RE GOING TO HAVE TO DRESS THE ENVELOPE.

BUT FOR REFERENCE, THAT'S CALLED COASTAL SQUEEZE.

COASTAL SQUEEZE.

I LIKE SQUEEZE.

I WRITE THAT DOWN. SO, YEAH.

SO I MEAN, THESE FOLKS HAVE THAT'S THEIR LOT.

THEY HAVE THEIR PROPERTY RIGHTS AND I GET ALL THAT.

I COMMEND YOU GUYS FOR MAKING AN EFFORT TO TRY AND HELP THEM.

BUT WE DO HAVE A PROBLEM, TIM.

YOU KNOW, I MEAN, YOU'RE THE PLANNING DIRECTOR.

THIS IS A TOUGH PLANNING DEAL AND IT WOULD BE NICE TO SEE SOME GUIDANCE FOR THE COMMISSION ON WHAT DIRECTION WE GO, BECAUSE I SIT HERE AND I GO, WELL, WE SHOULDN'T BE DOING THIS BUT HELP? WELL, OKAY, SO THE GUIDANCE THAT'S BEEN GIVEN IS THE RECOMMENDATION, FIRST OF ALL.

OKAY. SECONDARILY, I THINK GUIDANCE GOING FORWARD IS GOING TO DEPEND UPON WHAT WE DO WITH BEACH ACCESS AND DUNE PLANTS.

AND YOU'VE HEARD A LITTLE BIT JUST A TIDBIT OF WHAT GUYS ARE WORKING ON, CIRCUMSTANCES THAT WE'RE SEEING STARTING TO COME UP MORE AND MORE OFTEN.

AND THIRDLY, IT'S A LONG TERM ISSUE THAT WILL POTENTIALLY GET WORSE UNLESS IT GETS SLIGHTLY BETTER. AND THAT COULD BE WITH WHAT THE GULF COAST PROTECTION DISTRICT IS PROPOSING.

NOW, WE ALL KNOW THAT YEARS OFF, BUT LONG TERM, THERE MAY BE SOME ADDITIONAL BEACH PROFILE ADDED BACK.

SOUNDS LIKE THAT'S THE INTENT.

WHETHER THAT'S EFFECTIVE OR NOT, THERE'S REALLY NO WAY TO KNOW.

WE DEPEND UPON THOSE ENGINEERS TO ADVISE AS TO WHAT WILL BE LIKELY AND WHAT WILL BE SUCCESSFUL, ETC.

BUT TO HAVE A SERIES OF HOMES THAT'S IN A ROW AND HAVE THE THIRD LOT BACK IN, NOT BE ABLE TO BUILD WHEN THEY WANT TO, AND IN FACT, IN A GOOD PORTION OF THAT CAN EVEN WITHOUT THE EXEMPTION IT JUST TO STAFF IT SEEMED LIKE A VERY REASONABLE REQUEST. I DON'T DISAGREE.

SO HATS OFF TO YOU GUYS.

I MEAN, THESE ARE TOUGH.

I LIKE IT WHEN THEY'RE JUST ON THE LINE.

YEAH, MUCH EASIER.

ANYBODY ELSE HAVE ANY QUESTIONS? OKAY. THIS APPLICANT HERE.

WE'D LIKE TO MAKE A PRESENTATION BEFORE I GO.

I MAY BE LONGER HAD SOMEWHERE TO BE.

KNOW. JUST.

OH, YES. OKAY.

I UNDERSTAND YOUR APPLICANT WOULD LIKE SOMEBODY ELSE TO SPEAK BECAUSE HE MAY BE A LITTLE BIT LONGER, BUT THIS IS THE APPLICANT'S TIME.

CHAIRMAN, DO YOU WANT TO HAVE THE APPLICANT TAKE A STEP BACK AND HAVE IT OPEN COMMENT FIRST AND THEN HAVE THE APPLICANT COME BACK? THAT'S YOUR DECISION.

AND I APOLOGIZE I THOUGHT IT WAS THE PUBLIC HEARING.

YOU GET YOUR SHOT FIRST.

GO, GO AHEAD, GO. FIRST SIGN IN AND TELL US YOUR NAME.

AND MY NAME IS GUS.

MY NAME IS GUS KNIEVEL.

I REPRESENT THE APPLICANT, SCOTT AND TARA MACLAREN.

FIRST OF ALL, I WANT TO THANK STAFF FOR WORKING WITH US.

THIS HAS BEEN A LONG PROCESS.

ESSENTIALLY WHAT WE'RE FACED WITH IS A THIRD ROW HOME THAT WHEN THE CITY OF GALVESTON'S BEACH PROTECTED BEACH ACCESS PLAN WAS PUT IN, PUT INTO EFFECT, I DON'T THINK CANDIDLY ANYBODY THOUGHT THIS SITUATION WOULD ARISE WHERE WE'RE FACED WITH A THIRD ROW HOME THAT CAN'T NOW BE BUILT.

SO ESSENTIALLY, ALL WE'RE ASKING IS JUST FOR THIS EXEMPTION, STEPPING THROUGH THE ELEMENTS OF FIRST OF ALL, THE GLO HAS DONE WHAT THE GLO CANDIDLY DOES AND SAYS, WE DON'T HAVE A PROBLEM.

THEY'LL NEVER SAY WE'RE GOOD WITH IT.

BUT THEY'VE SAID IT'S ON YOU CITY, WHICH IS THE MOST THAT CAN BE EXPECTED AS STAFF HAS SAID WE HAVE THE APPLICANT HAS REMOVED THE THE AREA.

BELOW THE BASE FLOOD ELEVATION.

THAT ENCLOSURE HAS BEEN REMOVED TO HELP MITIGATE ANY STORMWATER ISSUES.

THIS HOME WILL BE CONSTRUCTED IN ACCORDANCE WITH ALL APPLICABLE BUILDING CODES.

THE GLO HAS MANDATED THAT AS WELL.

IT'S ALSO AS FAR AS DUNE MITIGATION PLAN.

[01:20:01]

THERE ARE NO DUNES HERE ON THE APPLICANT'S LOT, SO THERE'S NO MITIGATION THAT'S BEING THAT'S REQUIRED OR BEING PROPOSED FOR THAT FOR THOSE PURPOSES.

OF COURSE, THE DRAINAGE WILL DRAIN AWAY FROM THE BEACH AS IT SHOULD.

THE STRUCTURE WILL BE LOCATED IS FOR LANDWARD AS POSSIBLE.

AND THIS PROPOSED ACTIVITY COMPLIES WITH EVERYTHING ELSE THAT ALL THE OTHER REQUIREMENTS THAT THE CITY HAS.

IT'S JUST THIS ESSENTIALLY TRAPEZOID LIKE STRUCTURE THAT THE APPLICANT WOULD BE FORCED TO BUILD IF THE EXEMPTION WAS NOT GRANTED.

AND SO I WANT TO SPEAK A LITTLE TO THAT.

THE REQUIREMENT IS, IS IT PRACTICABLE? WE WOULD CONTEND THAT BUILDING AND IF YOU ZOOM OUT, WHICH I UNDERSTAND WE CAN'T DO HERE, BUT IF YOU LOOK AT THE HOMES IN THE AREA, ALL THE HOMES ARE RECTANGULAR AND SQUARE SHAPED. MY CLIENT'S HOME WOULD BE THE ONLY TRAPEZOID IN THE AREA.

THERE'S NO GUARANTEE. I MEAN, WE'RE FACED WITH AN ARCHITECTURAL REVIEW COMMITTEE THAT WANTS CONFORMITY ARE IN OUR LAND DEVELOPMENT REGULATIONS, ADVOCATE AND PROMOTE THIS STRUCTURED DEVELOPMENT IN ACCORDANCE WITH THE CITY'S PLAN.

SO WHAT THIS EXEMPTION WOULD ALLOW US TO DO IS BUILD A HOME SIMILAR IN STRUCTURE, NATURE AND SIZE TO THE SURROUNDING HOMES IN THE AREA.

NOT HAVE THE ONE THE ONE OFF ESSENTIALLY.

AND THAT'S WHY WE'RE ASKING FOR THE EXEMPTION.

AND WE BELIEVE THAT IT WOULD, IN FACT, BE IN KEEPING WITH THE NEIGHBORHOOD AND THOSE STANDARDS.

AND LIKE I SAID, JUST REITERATE, THIS IS A THIRD ROW HOME.

I MEAN, WE'RE NOT TALKING ABOUT BEACHFRONT.

IT MAY BE A BEACHFRONT CONSTRUCTION PERMIT, BUT IT'S A THIRD ROW HOME.

AND SO WE WOULD ASK THAT THE COMMISSION GRANT THE EXEMPTION AND ALLOW MY CLIENT'S HOME TO BE BUILT.

THANK YOU. THANK YOU.

IS THE APPLICANT HERE? WOULD LIKE TO SPEAK.

I'M HAPPY TO ANSWER ANY QUESTIONS.

AND ONE THING I'LL SAY ABOUT THE DROP ZONE.

COME ON UP AND I APPRECIATE IT.

THANK YOU COMMISSIONERS, I APPRECIATE ALL YOUR TIME AND EFFORT IN REVIEWING THAT.

SURE. MY NAME IS SCOTT MCLAREN.

I APPRECIATE EVERYONE'S TIME AND CERTAINLY APPRECIATE YOU ALL TAKING TIME TO REVIEW THIS.

IT'S BEEN A LONG PROCESS FOR MY WIFE AND I.

AND, YOU KNOW, WE BOUGHT THIS LOT, USED A LOCAL ESTONIAN REALTOR, ENGINEER, ARCHITECT, SURVEYOR.

NOBODY HAD EVER HEARD OF A THIRD ROW HOME COMING UP IN AN ISSUE LIKE THIS.

AND SO IT'S BEEN SURPRISE TO US ALL.

I'LL SAY ON THE TRAPEZOIDAL PIECE, KEEP IN MIND THAT TRAPEZOID IS 20 FEET WIDE.

I HAVE THREE CHILDREN, FIVE OR UNDER 20 FEET WIDE.

IT'S NOT PRACTICAL FOR A HOUSE FOR MY KIDS, I PROMISE YOU THAT.

IN ANY CASE, I CERTAINLY APPRECIATE YOUR VIEW AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

GREAT. THANK YOU. THANK YOU.

ANYBODY ELSE? I'D LIKE TO SPEAK? HI, MARIE ROBS.

I'M HERE TO SPEAK IN FAVOR OF THE EXEMPTION.

WHEN I HEARD ABOUT THIS CASE, AND I THINK IT WAS MR. MCLAREN THAT APPROACHED ME, IT JUST SEEMED KIND OF LUDICROUS THAT WE WERE ASKING A HOUSE THAT WILL BE THE THIRD HOUSE BACK TO BUILD THE DUNE IN FRONT OF THE FIRST HOUSE.

IT JUST SIMPLY DOESN'T MAKE SENSE.

AND IN THAT IT IS UNIQUE AND YOU MAY RUN INTO OTHER OF THESE, BUT WHAT IS THE CITY DOING TO BE PROACTIVE? WE CURRENTLY HAVE I DON'T KNOW IF IT'S BEEN CONTRACTED YET, BUT WE HAVE A DESIGN AND ENGINEERED ENGINEERING PROJECT GOING ON FOR A NOURISHMENT.

WE WORK VERY CLOSELY TOGETHER, PUTTING IN GRANTS AND REQUESTS FROM THE DLO AS WELL AS ANYONE ELSE, THE CORPS OF ENGINEERS, TO GET A NOURISHMENT PROJECT.

BECAUSE THE THING THAT WE DO NEED IS SAND.

I BELIEVE YOU ARE ALSO BRANDON IS WORKING ON SAND FENCING IN THAT AREA BECAUSE UNLESS YOU PUT SOMETHING OUT TO TRAP, THE SAND DUNE WILL NOT BUILD.

SO THAT'S SOMETHING THAT'S IN THE PROGRESS.

SO THE CITY IS PROACTIVELY LOOKING AT HOW WE CAN IMPROVE THE BEACH BECAUSE I MEAN, IT IS A LOT OF PROPERTY VALUE, BUT IN THIS CASE IT IS UNIQUE THAT WE'RE ASKING SOMEONE TO ENHANCE SOMEBODY ELSE'S PROPERTY AT THEIR EXPENSE WHEN THEY'RE THE THIRD ROW HOUSE.

IT JUST SIMPLY DOESN'T MAKE SENSE.

SO I'M ASKING YOU, I'M HERE TO TESTIFY IN FAVOR OF THE EXEMPTION.

THANK YOU. ANYBODY ELSE.

OKAY, THEN WE'LL BRING IT BACK TO THE COMMISSION FOR A MOTION.

[01:25:03]

I NEED [INAUDIBLE].

WHAT'S OUR CASE NUMBER? [INAUDIBLE], I'LL MAKE A MOTION WE APPROVED 22P-040 AS PRESENTED BY STAFF.

OKAY. WE'VE GOT A MOTION TO APPROVE.

IS THERE A SECOND?. OKAY.

ANY DISCUSSION? I'LL SAY ONE THING HERE.

I FOUND A LITTLE BIT TROUBLING THAT WE HAVE A REALTOR, SURVEY ARCHITECT, ENGINEER AND BUILDER, ALL LOCAL THAT REALLY DON'T UNDERSTAND THE DUNE CONSERVATION AREA OR THE CONCEPT OF WHAT THE RULES ARE ABOUT BUILDING IN THIS AREA.

IT REALLY DOESN'T HAVE ANYTHING TO DO WITH WHAT ROAD YOU'RE ON.

IT HAS TO DO WITH UNDERSTANDING WHAT THE RULES ARE FOR BUILDING ON THE BEACH.

AND SO WE APPARENTLY HAVE A COMMUNICATION GAP, SOME KIND.

I DON'T KNOW HOW TO SOLVE THAT, BUT I WOULD THINK I WOULD HOPE IT WOULD BE PART OF THE ANALYSIS TO IMPROVE ON A STRATEGY FOR BUILDING IN THAT AREA WOULD BE ALSO TO IMPROVE OUR COMMUNICATIONS WITH THOSE WHO ARE INVOLVED IN BUILDING AND OWNING PROPERTY IN THAT AREA.

BECAUSE IT IS COMPLICATED AND IT'S NOT EASY THING TO UNDERSTAND OR COMMUNICATE, BUT IT'S CRUCIAL TO HELP US AVOID SOME OF THESE THINGS THAT WE'RE FACED WITH.

IS COMMUNICATING HOW IT ALL WORKS.

WE APPRECIATE THAT FEEDBACK.

OUR DOOR IS ALWAYS OPEN.

WE DO TRY TO EDUCATE ANY FIELD PROFESSIONALS THAT WE ENCOUNTER, AND WE HAVE HAD A GOOD AMOUNT OF SUCCESS SO FAR.

BUT LIKE YOU SAID, IT IS COMPLICATED AND THAT'S WHY WE'RE HERE TO HELP.

YEAH, IT'S SOMETHING MORE PROACTIVE THAN WHAT WE'VE BEEN DOING.

I CAN'T KEEP DOING THE SAME THING AND AND EXPECT DIFFERENT RESULTS.

SO WE'VE ACTUALLY BEEN WORKING WITH THE CITY OF GALVESTON'S PUBLIC INFORMATION OFFICE.

IF YOU GUYS HAVE SEEN ANY OF THE INCREDIBLE VIDEOS THAT THEY PUT OUT FOR THE RECYCLING CENTER OR THE FAIRY FOG MOTHER THEY'RE WORTH WATCHING.

THEY'RE EDUCATIONAL SHORT YOUTUBE VIDEOS THAT THEY PUT OUT THAT HELP PEOPLE UNDERSTAND THINGS ABOUT THEIR PIPES AND THEIR INFRASTRUCTURE AND THINGS HERE IN GALVESTON.

WE WOULD LIKE TO PRODUCE A SERIES OF VIDEOS THAT ACTUALLY STEP PEOPLE THROUGH.

OKAY. SO YOU'RE GOING TO BUILD A BEACH HOUSE.

WHAT DOES THE MEAN LOW WATER MEAN? WELL, JUST MEAN HIGH WATER.

WHERE'S THE LOV? WHAT'S THAT LOOK LIKE? AND ACTUALLY HAVE US OUT IN THE FIELD STEPPING PEOPLE THROUGH THAT.

SO THAT IS ON THE HORIZON SIR, LIKE THESE KIND OF ILLUSTRATIONS RIGHT HERE THAT I THINK THESE WERE GREAT FOR US.

YOU KNOW, THESE EXPLAIN A LOT.

JUST STUFF LIKE THAT FOR THE PROFESSIONALS THAT DEAL IN THIS STUFF EVERY DAY.

YEAH. ANYWAY.

YEAH, GO AHEAD. IT WOULD BE SOMEWHAT NICE EVEN AS AFTER A SUBSTANTIAL STORM SEASON WHEN THOSE DUNE LINES DO MOVE SUBSTANTIALLY, THAT SOME SORT OF A NOTICE OR SOME SORT OF A I DON'T KNOW IF YOU COULD GET TO EVERY HOMEOWNER WITHIN THAT CHANGE OR WHAT WHEREVER THAT CHANGE IS, BUT HAVE SOMETHING TO THAT EFFECT THAT WOULD REACH OUT AND LET AT LEAST A LOT OWNERS KNOW.

SO I'VE SPOKEN AT [INAUDIBLE] MULTIPLE TIMES SINCE MY ARRIVAL, ACTUALLY SHOWING THE SLIDES SIMILAR TO THE ONES THAT YOU JUST SHOWED, COMMISSIONER BROWN.

BUT WE'VE UPDATED A FEW OF THEM THAT ACTUALLY SHOW OK.

NOW, THERE ARE NO DUNES.

WHAT'S THAT MEAN FOR YOUR HOUSE? AND WE SHOW WHERE YOUR HOUSE COULD HAVE BEEN BUILT AND NOW WHERE YOUR HOUSE CAN BE BUILT.

AND WE STEP PEOPLE THROUGH THAT WE'VE GIVEN THAT TALK BOTH AT WIKIPOA AS WELL AS TWO SEPARATE REAL ESTATE MEETINGS.

SO WE'VE GONE TO THE GALVESTON ASSOCIATION OF REALTORS, AS WELL AS THE SAND AND SEA SALESPEOPLE.

BRUNCHON AND WE'VE PROVIDED THAT INFORMATION TO ALL OF THE FOLKS WHO ARE SELLING HOUSES HERE ON THE ISLAND SO THAT THEY CAN BE AWARE AND LOTS AND THINGS.

WE CERTAINLY ARE VERY SERIOUS ABOUT TRYING TO GET THIS INFORMATION OUT TO FOLKS.

REALLY, IT'S A MATTER OF HOW DO YOU CAN'T CATCH EVERY SURVEY OR YOU CAN'T CATCH EVERY HOUSEBUILDER.

BUT WE DO OUR BEST AND WE WILL CONTINUE TO STRIVE TO DO THAT.

WELL, AND FURTHERMORE, I COMPLETELY AGREE WITH, YOU KNOW, OWNING THE LOT AND AMERICAN FREE WILL.

BUT, YOU KNOW, I'M SURE THE GUY ON THE OTHER SIDE IS HOPING THAT A WISH THAT A DUNE WOULD BE BUILT AS WELL.

AND SO WHAT POINT DOES DO YOU JUST KEEP PERHAPS OR THEY MAY ABSOLUTELY HATE THE IDEA.

YES. HAVING A DUNE PUT SEAWARD OF THEM.

I'VE COME ACROSS MANY PROPERTY OWNERS WHO WOULD LOOK AT THAT AS AN IMPACT TO THEIR VIEW OF THE BEACH AND WOULD TAKE GREAT OFFENSE TO THE IDEA OF ANYBODY

[01:30:06]

FACILITATING SOMETHING LIKE THAT.

SO IT'S VERY MUCH A COMPLEX ISSUE THAT WE'RE CONSIDERING HERE.

AND BEAR IN MIND THAT FOLKS, ASSOCIATIONS AS A WHOLE CAN GET TOGETHER AND DO DUNE SUPPLEMENTAL PROJECTS.

THEY MAY NOT LAST VERY LONG OR PERHAPS THEY WILL LAST A LITTLE WHILE.

EITHER WAY, THAT'S ALL STILL ON THE TABLE.

OKAY. ANY OTHER COMMENTS BEFORE WE TAKE A VOTE? ALL RIGHT, ALL IN FAVOR.

RAISE YOUR HAND. NONE UNOPPOSED.

IT'S UNANIMOUS. OKAY.

WE GOT 22P-041.

[7.A.3. 22P-041 (37 Grand Beach Blvd) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Single-Family Dwelling With A Paver Driveway And Fibercrete Footer. Property Is Legally Described As Lot 7, Block 2, The Preserve At Grand Beach Subdivision, In The City And County Of Galveston, Texas. Applicant: Brice Johnson Property Owner: Brian Striegold, Cabe Builders LLC]

ALL RIGHT. THREE OUT OF FIVE.

FOR OUR NEXT CASE, WE HAVE 37 GRAND BEACH BOULEVARD.

THIS IS A REQUEST FOR AN EXEMPTION TO CONSTRUCT A SINGLE FAMILY DWELLING WITH PAVER, DRIVEWAY, FIVE FOOTER AND PERIMETER FENCE.

THE PROPERTY IS LEGALLY DESCRIBED AS A SEVEN BLOCK TO THE PRESERVE, A GRAND BEACH SUBDIVISION IN THE CITY AND COUNTY OF GALVESTON, TEXAS.

THE SUBJECT SITE IS LOCATED IN THE PRESERVE AT GRAND BEACH SUBDIVISION.

A SINGLE FAMILY DWELLING IS LOCATED TO THE WEST.

A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THE AREA IS ACCRETING AT A RATE OF 2 TO 3 FEET PER YEAR.

STAFF HAS PREPARED SLIDES FOR YOUR VIEWING.

FIRST WE HAVE THE FIRM AND BEG MAP.

PLEASE NOTE THE HEALTHY ACCRETING DUNE SYSTEM AS WELL AS THE FACT THAT A LARGE PORTION OF THE PLATTED LOT IS COVERED BY DUNES OR DUNE VEGETATION.

ON THE NEXT SLIDE IS THE OFFICIAL SURVEY ON THE LEFT AND A ZOOMED IN CROPPED VERSION ON THE RIGHT.

HERE, IT'S EVEN MORE CLEAR THAT BETWEEN BUILDING LINES AND THE DUNE SETBACKS ON 130 FOOT LONG LOT, ONLY 30 FEET WOULD BE BUILDABLE WITHOUT AN EXEMPTION.

ON THE FOLLOWING SLIDE ARE RENDERINGS OF THE PROPOSED STRUCTURE IN THE BOTTOM LEFT, IS THE VIEW FROM THE FRONT AND THE TOP RIGHT IS THE BACK.

PLEASE NOTE THE CANTILEVER DECK IN THE BACK.

ON THE NEXT SLIDE, WE HAVE THE PROPOSED FOOTPRINT OVERLAID ON THE SURVEY SHOWING NO ENCLOSURES OR PAVING SEAWARD OF THE 25 FOOT OFFSET REPRESENTED BY THE TOP BLUE AND ASHTON DOTTED LINE, THE SQUIGGLY ONE ABOUT HALFWAY THROUGH.

YOU MAY NOTICE IN YOUR STAFF PACKET THAT ONE OF THE ENCLOSURES ABOUT SMACK IN THE CENTER WAS LABELED AS POOL EQUIPMENT.

THIS IS BECAUSE THE FIRST FEW VARIATIONS OF THE HOUSE ALL PROPOSED A POOL WHICH GRADUALLY SHRANK UNTIL IT WAS FINALLY REMOVED IN ORDER TO REDUCE THE FOOTPRINT AS MUCH AS POSSIBLE. ON THE NEXT SLIDE, WE HAVE A MORE SIMPLIFIED VERSION OF THE SURVEY AND FOOTPRINT.

THE RED CURVED LINE AT THE BASE IS THE NORTH COVE OF THE CRITICAL DUNE AREA.

JUST ABOVE IT IS THE MOST SEAWARD LINE OF PILINGS IN THE AREA LABELED DECK.

THE DECK IS CANTILEVERED FROM THEM ABOUT SIX FEET OUT AND IN THE RIGHT HAND CORNER WHERE THE DASHED LINE CROSSES OUT OVER THE NORTH TOE OF THE DUNE, IT COMES OUT ABOUT TWO AND HALF TO THREE FEET OVER THE NORTH TOE OF THE CRITICAL DUNE AREA.

THIS IS NOT FORESEEN TO HAVE ANY NEGATIVE IMPACTS TO THE DUNES.

OWING TO THE HEIGHT AND PROPOSED CONSTRUCTION METHODS AS DESCRIBED IN THE STAFF PACKETS, THE GLO HAD CONCERNS THAT THIS MIGHT HAVE NEGATIVE IMPACTS AND DID REQUIRE A MITIGATION PLAN.

THE MITIGATION PLAN IS TO AVOID NEGATIVE IMPACTS.

FINALLY, WE HAVE PHOTOS OF THE SITE.

THIS CONCLUDES STAFF'S REPORT.

WE OPEN THE PUBLIC HEARING FOR 22P-041.

ANYBODY HAVE QUESTIONS FOR STAFF? I DO. YOU CAN SEE ON THE PHOTOGRAPH.

THERE'S A SWALE RIGHT THERE AT THE TOE OF THE DUNE.

GOES ALL THE WAY DOWN.

A LITTLE SPOT, I GUESS.

HOW DOES THAT FLOAT OR HOW DOES THAT DRAIN? HOW'S THAT SUPPOSED TO DRAIN? I DON'T SEE ANY INDICATION OF HOW THAT WORKS.

CAN YOU REPHRASE THE QUESTION? OKAY. YOU SEE, AT THE BACK OF ALL THESE HOUSES, THE TOPOGRAPHY TAKES A DIVE RIGHT THERE BETWEEN THE BACK OF THE HOUSE AND THE TOE, NORTH TOE OF THE DUNE.

IN OTHER WORDS, THERE'S A SOIL THERE, A LOW SPOT, LIKE I CALL IT A DITCH OR WHATEVER YOU WANT.

IT'S A LOW SPOT.

SO ON PAGE.

AND YOU CAN SEE IT ALSO ON A CROSS SECTION A.

IT'S VERY CLEAR ON CROSS SECTION, IT'S RIGHT THERE WHERE THE PLASTIC FENCE GOES.

RIGHT. SO IN YOUR STAFF PACKET, THE APPLICANT HAVE PROVIDED A DRAINAGE PLAN SHOWING THAT THE LAW WILL BE GRADED TO FLOW

[01:35:08]

AWAY FROM THE DUNE IN THAT AREA.

AND THEN WE'LL GRADE ALSO WITH SOILS ON EITHER SIDE OF THE PROPERTY TOWARDS IT.

SO I'M NOT SURE ABOUT THE EXACT ELEVATIONS AT THE MOMENT, BUT THE DRAINAGE IS INDICATED TO BE AWAY FROM THERE ALSO. SO I DO SEE WHAT YOU'RE SAYING IN THE SIDE PROFILE VIEW THAT'S PROVIDED.

IT DOES DIP DOWN SLIGHTLY, BUT IT IS GOING TO BE GRADED TO DRAIN AWAY.

I UNDERSTAND THAT THE REQUIREMENT IS THAT YOU DRAIN AWAY FROM THE BEACH.

EVERYTHING HAS TO DRAIN TOWARDS THE ROAD.

I JUST DON'T SEE HOW THAT IS GOING TO HAPPEN.

GIVEN GIVEN WHAT I'M SEEING HERE IN THESE SLIDES.

I UNDERSTAND I AM NOT AN ENGINEER, BUT THEY HAVE INDICATED THAT IT WILL BE ALL DRAINAGE AWAY FROM THE SOIL OR FROM THE DUNES.

I ALSO WAS WONDERING ABOUT THE GLO RESTRICTS MOWING THE GRASS FROM 25 FEET OF THE DUNE LANDWARD.

I GUESS THAT DOESN'T GET ENFORCED TOO MUCH HERE.

THAT IS SOMETHING WE ARE WORKING ON ENFORCING.

IT IS A PROBLEM CONSISTENTLY ACROSS THE ISLAND.

DO THAT. OKAY.

ANYBODY ELSE HAVE ANY OTHER QUESTIONS? YEAH. SO TO THAT POINT, THEY'VE PROPOSED A FENCE LINE THAT GOES RIGHT ALONG THE TOE OF THE DUNE WITH BOLLARDS AND ROPE.

RIGHT? SO IF YOU'RE NOT SUPPOSED TO MOW WITHIN 25.

YEAH, I DON'T SEE HOW THAT'S GOING TO BE ENFORCED AT ALL, FIRST OFF.

AND. CONSERVATION OF THE DUNE IN THIS AREA WITH THE CONSTRUCTION METHODS.

I KNOW THEY SAID THEY'RE GOING TO STAY OUT OF THE DUNE, BUT I MEAN, THEY'VE MADE EVERY SINGLE EFFORT TO PUT THOSE PILINGS AS CLOSE RIGHT TO IT.

THAT'S JUST MY OBSERVATION.

SO WITH THIS CASE, THIS HAS BEEN IN THE WORKS FOR SEVERAL YEARS FROM WHAT I HAVE SEEN THIS CASE GO FROM TO WHERE IT IS NOW.

I HAVE BEEN THOROUGHLY IMPRESSED, ACTUALLY, BY THE EFFORTS THEY HAVE GONE THROUGH TO MINIMIZE IT AS MUCH AS POSSIBLE.

AS MENTIONED IN THE FIRST CASE TODAY THERE, I UNDERSTAND THIS IS NOT NECESSARILY A CONSIDERATION, BUT THERE'S APPARENTLY HOA RESTRICTIONS ON THE MINIMUM SQUARE FOOTAGE OF A HOUSE.

AND IN ORDER TO MEET THOSE RESTRICTIONS, IT EITHER HAD TO BE AS WIDE AS IT IS NOW, OR ADD ANOTHER STORY OR SOMETHING LIKE THAT. BUT I'VE SEEN THEM REDUCE.

THEY HAD A POOL THAT GOT SMALLER AND SMALLER UNTIL IT WAS ABOUT FOUR OR FIVE FEET WIDE AND THEN EVENTUALLY WENT AWAY.

THE DECK IS CANTILEVERED OVER THE TOE OF THE DUNES, BUT I'VE SEEN MANY PEOPLE PROPOSE DECKS WITH PILINGS IN THE DUNES, THE FENCE, THE GLO PROVIDED THE COMMENTS THAT THEY WERE CONCERNED ABOUT THE PLACEMENT OF THE FENCE.

SO THEY CAME BACK AND MOVED THE FENCE AND THEIR OPEN BOLLARD LINES SEVERAL FEET FURTHER LANDWARD SO I'VE SEEN A LOT OF EFFORT GO IN HERE TO MINIMIZING THE IMPACT GETTING AS FAR AWAY FROM THE TOW AS IS PRACTICABLE.

THERE DEFINITELY IS A PLAGUE OF MOWING WITHIN THAT DUNE CONSERVATION AREA ACROSS THE ISLAND, AND THAT IS SOMETHING WE WILL BE WORKING ON PICKING UP ENFORCEMENT ON SHORTLY.

RIGHT NOW. WE HAVE.

THE BEACH ACCESS AS ONE OF OUR TOP THINGS RIGHT NOW.

AND THEN ONCE THAT'S ADDRESSED, THEN WE'LL BE ABLE TO ADDRESS OUR MAJOR CONCERNS AND THE BEACH DUNE RULES THAT THE GLO IS RESTRICTING US ON.

THEN ONCE THAT'S DONE, AND MAYBE WITH THE HELP OF ADDITIONAL STAFF, THEN WE CAN WORK ON ACTUALLY ENSURING EVERYTHING IS IN COMPLIANCE HERE ON THE ISLAND.

YES, SURE. JUST ONE OTHER COMMENT.

I KNOW THAT THIS IS NOT RELATED TO THE CASE, BUT IT'S RELATED TO THE DEVELOPMENT OVERALL, GIVEN THE ALIGNMENT OF THE ROADWAY IN FRONT OF IT AND THE HOA REQUIREMENTS OF THE SQUARE FOOTAGE IT FORCING NOTHING OTHER THAN FOR THIS HOMEOWNER TO COME FORWARD WITH AN EXEMPTION.

I WOULD URGE THE CITY THAT IN FUTURE MASTER PLAN DEVELOPMENTS, WHEN WE LOOK AT THE IMPACT TO THOSE INDIVIDUAL PLATTED LOTS THAT WE DO NOT ALLOW SUCH DEVELOPMENT TO OCCUR THAT HAS THIS MUCH OF A NEGATIVE IMPACT BOTH TO THE HOMEOWNER FOR THE DEVELOPMENT OF THE LOT AND MORE IMPORTANTLY, TO THE DUNE CONSERVATION AREA.

THANK YOU. THANK YOU.

AND I THINK THERE'S MORE ON THAT TOPIC OUTSIDE THE SCOPE OF THIS IN THIS AREA.

BUT I APPRECIATE THE COMMENT.

I JUST WANT TO POINT OUT THAT THE GLO LETTER DOES SPECIFY THE PERIMETER FENCE TO BE CONSTRUCTED AT LEAST 5 TO 10 FEET FT.

[01:40:03]

FROM THE NORTH TOE.

AND I BELIEVE YOU MAY FIND THAT WAS THAT CHANGE WAS MADE IN THE LATER RENDITIONS AS PROVIDED BUT THEIR NEIGHBOR JUST BUT IF YOU LOOK AT THEIR NEIGHBOR'S HOUSE IT'S RIGHT ON THE DOE.

THAT IS CORRECT. SO THEY'RE JUST PUSHING THEIR HOUSE FURTHER BACK.

BUT THEN, YOU KNOW, THEY'RE SALTY LOOKING AT THEIR NEIGHBOR'S HOUSE, I'M SURE, BUT YOU CAN'T REALLY BLAME THEM.

BUT STILL, CASE BY CASE BASIS? BUT THAT IS AN EXCELLENT POINT.

THAT'S WHY I SAY, LIKE, I FEEL CONFIDENT IN PROVIDING THE RECOMMENDATION FOR APPROVAL OF THIS CASE BECAUSE THEY HAVE GONE ABOVE AND BEYOND COMPARED TO SOME OF THE NEIGHBORING AREAS.

WELL, AND WOULD DUNE GROWTH OR VEGETATION GROWTH GROW UP GROW TOWARDS THAT FENCE.

YES. OKAY.

SO MAYBE THAT IS GOOD.

THAT MAY HAVE BEEN UNFAIR OF ME.

THEY MAY HAVE INITIALLY PUT THEIR FENCE FARTHER AWAY FROM THE TOE AND THEN IT MAY HAVE GROWN OVER TIME BECAUSE [INAUDIBLE].

EXACTLY RIGHT.

WELL. MAY GROW TOWARD SEA WORD AS WELL.

OKAY. ANY OTHER QUESTIONS FOR STAFF? I HAVE ONE. SO THE GLO'S AS FAR AS THEM ENCROACHING OVER THE NORTH TO THE DUNE, THE GLO'S DEAL IS AVOIDANCE, BUT IT'S STILL THERE.

THIS IS CORRECT.

YOU MADE A COMMENT ABOUT HOW THE GLO'S RESPONSE THEY HAD AN ISSUE WITH THAT AND THEY SAID, HEY, THE FIX IS AVOIDANCE, BUT IT'S STILL THERE.

SO THERE'S TWO POINTS ON THAT.

FIRST, THE GLO SAID THE CITY NEEDS TO DETERMINE IF THE CANTILEVER DECK COUNTS AS TRESPASSING OR CONSTRUCTION WITHIN THE NORTH COVE, THE CRITICAL DUNE AREA.

THE CITY HAS DETERMINED, CONSISTENT WITH THE PLANNING STANDARDS AND BUILDING STANDARDS, THAT EVEN IF IT'S ABOVE, EVEN IF IT'S NOT TOUCHING THE GROUND, THAT IT IS WITHIN THE AREA.

SO WE'RE BE HOLDING IT TO THE RULES OF IF IT WAS BEING CONSTRUCTED IN THE C-WORD OF THE NORTH TOE OF THE CRITICAL DUNE AREA, WHICH DOES REQUIRE MITIGATION. SECONDLY, THE GLO SAID THAT IT LOOKS LIKE IT MAY HAVE IMPACTS, SO WE'RE REQUIRING YOU TO PROVIDE A MITIGATION PLAN.

SO EVEN IF WE HAD DETERMINED THAT IT WAS NOT EQUIVALENT TO CONSTRUCTION IN THAT AREA, THEY WOULD HAVE REQUIRED US TO PROVIDE A MITIGATION PLAN IN EITHER SCENARIOS WHICH ARE THE SAME, A MITIGATION PLAN WAS REQUIRED.

THE MITIGATION PLAN IS AVOIDANCE BY MEANS OF A ROPE AND BOLLARD FENCE IS GOING TO BE PUT IN THE FIRST POST ARE GOING TO BE PUT IN LANDWARD OF THAT AND ALL CONSTRUCTION IS GOING TO OPERATE FROM THE SEAWARD SIDE LANDWARD SO THAT THERE'S NOT GOING TO BE ANY MACHINERY IN THE DUNES.

THERE'S NOT GOING TO BE ANYTHING FROM THE TOE OF THE DUNE FROM THE YEAH.

THAT SIDE TOWARDS THE ROAD.

SO THEY'RE DOING EVERYTHING TO AVOID ANY IMPACTS TO THE DUNE ITSELF.

I UNDERSTAND THE OTHER POINT IS THAT THE DECK IS ABOUT 20 SOME ODD FEET IN THE AIR AND THE PLANKS ARE SPREAD APART.

SO RAIN AND AND SUNS CAN STILL GET TO THE VEGETATION BELOW.

THAT WAS A TYPO ON THE INITIAL VERSION.

WHAT WAS SENT OUT EARLIER, I BELIEVE YESTERDAY, IT'S 13 FEET IN THE AIR.

BUT THAT'S STILL IF YOU THINK OF A WALK OVER A SIX FOOT WALK OVER, HAS TO BE IT SIX FEET WALK OVER WOULD BE REQUIRED TO BE ANYWHERE BETWEEN. SIX AND NINE FEET.

SO THERE IN TERMS OF WHAT A WALKOVER WOULD BE ANTICIPATED THERE.

THEY'RE EXCEEDING THE STANDARDS FOR WHAT IS REQUIRED TO GROW PLANTS UNDERNEATH A WALKOVER, AND IT'S ONLY ABOUT LESS THAN THREE FEET OVER IT AS WELL.

SO WE DON'T ANTICIPATE IT TO HAVE ANY NEGATIVE IMPACTS TO THE DUNE AREA.

SO WE TALKED YOU MADE MENTION ABOUT THEM REDUCING THE FOOTPRINT OF THE HOUSE AND THAT THEY HAD SOME HOA SQUARE FOOTAGE RESTRICTIONS. SOMEBODY ASKED A QUESTION, HOW DOES THAT AFFECT US IF THEY HAVE AN HOA, A RESTRICTION, AND WE HAVE ANOTHER ONE? HOW DOES THAT BECAUSE IT SEEMS TO ME THAT AN EXEMPTION FROM THEIR HOA THAN US.

SO THE CITY DOESN'T RECOGNIZE OR ENFORCE.

NOT OUR. THAT'S NOT IN OUR PURVIEW.

NOT IN OUR PURVIEW. THAT WOULD BE BETWEEN THE HOMEOWNER AND THE HOA.

GOTCHA. SO IF WE CAME UP WITH A RULE THAT SAYS WE DO HAVE A RULE THAT SAYS.

YOU KNOW, YOU CAN'T DO THIS.

AND IF HE HAS A HOA PROBLEM, HE HAS A HOA PROBLEM, NOT A CITY PROBLEM.

[01:45:04]

OKAY. THANK YOU.

ALL RIGHT. IT'S ALL AHEAD.

ANY OTHER QUESTIONS FOR STAFF? OKAY, WE'LL OPEN A PUBLIC HEARING.

AND IS THE APPLICANT HERE? I'D LIKE TO MAKE A PRESENTATION.

YES, SIR. YOU HAVE TO COME FORWARD.

MORNING OR. GOOD EVENING, EVERYBODY.

WOULD YOU LIKE TO SIGN IN, PLEASE? AND AGAIN, STATE YOUR NAME.

THE ONLY REAL ISSUE.

WE TALKED ABOUT THE FENCE A LITTLE BIT.

I MOVED IT BACK.

SO IT IS ON THE SEAWARD SIDE OF THE SEAWARD RIVER PILING.

IF THAT MAKES SENSE.

SO THERE'S NOT A GAP BETWEEN THE SEAWARD ROAD PILING AND THE FENCE.

IF YOU LOOK AT THE CROSS-SECTIONS, ONE OF THEM SHOWS FIVE FEET, ONE OF THEM SHOWS THREE BECAUSE OF DUNE HAS A LITTLE BOW IN IT.

SO THAT'S WHY THE ONE SHOWS THREE FEET INSTEAD OF FIVE ON BOTH OF THEM.

GOT ANOTHER THOUGHT I WAS GOING TO TELL YOU ON.

I FORGOT WHAT IT WAS.

OH, THE CONSTRUCTION EQUIPMENT IN THE WRITING, THE ACTUAL VERBIAGE, THEY HAVE TO KEEP THE EQUIPMENT, LANDWARD OF THE SEAWEED ROLL PILING.

WE DON'T OBVIOUSLY HAVE TO GO OUT THERE.

POST DIGGERS PUT THE FENCE IN.

BUT AS FAR AS THE PILE DRIVING EQUIPMENT TO PUT IN THAT FRONT ROW OF PILING, THEY'VE GOT TO BE ON THE LANDWARD SIDE OF THE PILING TO DRIVE THEM.

WE DON'T WANT THAT EQUIPMENT BETWEEN THE PILING AND THE DUNE BECAUSE YOU ALL KNOW CONTRACTORS, IF THEY GET OUT THERE, WHETHER THERE'S A LITTLE ROPE FENCE THERE OR NOT, THEY'RE GOING TO TEAR OFF THE DUNE.

BUT WE'VE TOLD THEM THEY'VE GOT TO STAY LANDWARD OF THAT FIRST ROW PILING.

SO I THINK THAT'S ALL I REALLY PRETTY MUCH HAD.

Y'ALL HAVE ANY QUESTIONS? I'M GOOD. I THINK WE'RE GOOD.

OKAY. THANK YOU.

ANYBODY ELSE WANT TO SAY ANYTHING ABOUT THIS CASE 22P-041? OKAY. WE'LL CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION.

YES, STEPHEN. I MAKE A MOTION THAT WE APPROVE.

WHERE IS IT? 22P-041 AS WRITTEN AND PRESENTED.

OKAY. WE HAVE A MOTION TO APPROVE.

IS THERE A SECOND? SECOND. ALL RIGHT.

WE GOT A MOTION AND A SECOND.

ANY DISCUSSION? YES, RUSTY.

SO. THIS IS CLEARLY A CASE, UNLIKE THE OTHER UNIQUE ONES WE'VE HAD, ESPECIALLY THE LAST ONE, WHERE THERE IS A DEFINITELY CLEARLY DEFINED DUNE FIELD.

WE KNOW WHERE THE TOE OF THE DUNE IS.

ALL THAT'S THERE.

WE'RE STEPPING 25 FEET BACK TO PROTECT THE DUNES AND GIVE THEM A LITTLE ELBOW ROOM.

AND I TOTALLY GET IT.

I HAVE A LOT THAT I WANT TO BUILD MY DREAM HOME ON, BUT I AM IN THIS INSTANCE, I MEAN, WE'RE SETTING A PRECEDENT WHERE BRING US WHATEVER YOU GOT AND COME PUT IT AT THE TOE OF THE DUNE.

I SHOULDN'T SAY THAT IT HAS THAT APPEARANCE TO ME OR THAT IS MY FEAR.

YOU KNOW, WE HAVE MADE PEOPLE TOTALLY REDESIGN THEIR HOMES TO STAY OUT OF THE DUNE FIELD OR STAY OUT AWAY FROM THE DUNES. AND THESE GUYS, THEY'RE OVER THE LINE.

AND I JUST I'M EMPATHETIC TO THE PROPERTY OWNER, BUT I AM NOT.

I MEAN, I JUST I HAVE A PROBLEM WITH THESE WHERE.

WE JUST. I'M AFRAID WE'RE SETTING A PRECEDENT.

AND AS MUCH AS I WOULD LOVE TO TELL THEM, HEY, GO BUILD YOUR DREAM HOME.

I'M AFRAID THAT I WON'T BE ABLE TO VOTE FOR THIS FOR THE SIMPLE REASON THEY GOT A HOA PROBLEM.

THEY NEED TO GO FIX THAT AND, YOU KNOW, AT LEAST GO MAKE AN EFFORT TO DO THAT AND COME BACK.

SOUNDS LIKE THEY'VE BEEN ROUND AND ROUND ON THIS SEVERAL TIMES.

AND I HAVE NOT SEEN ALL THIS, BUT I JUST I DON'T LIKE THESE.

THEY'RE GOING TO END UP JUST LIKE OUR OTHER GUYS WHERE WE GOT NO DUNE FIELD AND NOW WE'RE MEASURING FROM THE LINE OF VEGETATION.

SO WHERE WE HAVE THESE.

IT'S JUST A CONCERN.

YES. THE ONE POINT I DO WANT TO MAKE IS THAT THIS AREA IS AN ACCRETING BEECH, NOT AN ERODING BEECH.

I AGREE. I SAW THAT AS AN IMPORTANT FACTOR IN ALL OF THE FACTS ABOUT THIS CASE.

[01:50:04]

I MEAN, THAT, OF COURSE, IS A VERY SMALL LOT.

AND IN FACT, IT'S AN ACCRETING BEECH, I THINK MAKES IT DIFFERENT FROM A LOT OF THESE CASES WE HAVE THAT ARE ON THE WEST END OF THE ISLAND.

YES.

GROWING. AND LOOK, STAFF, I KNOW YOU GUYS PUT A LOT OF EFFORT IN THIS.

AND I TELL YOU WHAT, I GIVE YOU KUDOS OVER AND OVER FOR IS YOU ARE DOING YOUR BEST TO ACCOMMODATE THESE PEOPLE. AND I'LL TELL YOU, MY HAT IS OFF TO YOU FOR THAT, BECAUSE YOU GUYS GO FAR AND BEYOND.

WE HAVEN'T HAD THIS IN THE PAST.

AND I GIVE HEY, I'M GOING TO GIVE YOU YOUR KUDOS WHERE THEY'RE DUE.

I MEAN, YOU GUYS MAKE A HECK OF AN EFFORT TO HELP THESE FOLKS, AND THAT'S WHAT WE'RE HERE FOR.

AND I, I CAN TELL YOU, I APPRECIATE AND IF I WAS THE APPLICANT, I WOULD APPRECIATE THAT, TOO.

SO THANK YOU FOR THAT.

THANK YOU. YOU HAD SOMETHING? YEAH. MY FINAL COMMENT IS THAT YEAH, I WOULD LIKE TO ECHO THE FACT THAT I THINK Y'ALL ARE THE FINEST PLANNERS, ENGINEERS THAT WE COULD EVER ASK FOR TO PROTECT OUR COMMUNITY AND PROTECT OUR ENVIRONMENT.

AND I'LL GO BACK AND SAY AGAIN THAT I THINK THIS IS ENTIRELY A DEVELOPMENT ISSUE, THAT I THINK THAT AS WE SEE MORE DEVELOPMENT ON THE ISLAND, THAT WE WORK JUDICIOUSLY, AS I KNOW THE CITY WILL, TO PREVENT THIS TYPE OF ALMOST FORCED HAND.

YOU KNOW, HOA OR NOT, YOU, THE DEVELOPER, HAS CHOSEN TO PUT TOGETHER A PLAN WHICH ONLY FORCES US TO CONSIDER A VERY AN ENVIRONMENTALLY SENSITIVE ISSUE WHERE WE SHOULD NOT BE FORCED TO DO THAT.

SO THANK YOU. THANK YOU.

OKAY. CAN WE GET A MOTION? YES. MOTION, SECOND. AND WE'VE GOT A MOTION THE SECOND, WE'RE IN DISCUSSION.

ANY OTHER DISCUSSION ON THIS? ALL IN FAVOR OF THE MOTION TO APPROVE.

RAISE YOUR HAND. THAT'S A ONE, TWO, THREE, FOUR, AND ALL OPPOSED? 4 TO 2. THE MOTION PASSES.

THANK YOU. OKAY.

[7.A.4. 22P-042 (11615 Beachside Drive) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Single-Family Dwelling With Paver Driveway And Fibercrete Footer. Property Is Legally Described As Beachside Village (2004) Abstract 121, Lot 139, Acres 0.378, In The City And County Of Galveston, Texas. Applicant: Mark And Delinda Dzeda Property Owner: Mark And Delinda Dzeda]

NOW WE'RE ON TO A CASE 22P-042.

ALL RIGHTY. FOUR OUT OF FIVE.

FOR OUR NEXT CASE, WE HAVE 11615 BEACHSIDE DRIVE.

THIS IS A REQUEST FOR AN EXEMPTION TO CONSTRUCT A SINGLE FAMILY DWELLING WITH PAVER, DRIVEWAY AND A FIVE FOOTER.

THE PROPERTY IS LEGALLY DESCRIBED AS BEACHSIDE VILLAGE.

ABSTRACT 121 LOT 13 A SUBDIVISION IN THE CITY AND COUNTY OF GALVESTON, TEXAS.

THE SUBJECT SITE IS LOCATED IN THE BEACHSIDE VILLAGE SUBDIVISION.

SINGLE FAMILY DWELLINGS ARE LOCATED TO THE EAST AND WEST.

A BEACH AND DUNE SUBDIVISION ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF 7 TO 8 FEET PER YEAR.

STAFF HAS PREPARED SLIDES FOR REVIEWING.

FIRST, WE HAVE THE FIRM AND BEG MAP.

YOU'LL NOTICE TO THE EAST OF THE SUBJECT.

PROPERTY IS A PUBLIC BEACH ACCESS POINT.

ON THE NEXT SLIDE IS THE OFFICIAL SURVEY AND BUILDING PLACEMENT, FOLLOWED BY ON THE NEXT SLIDE, A ZOOMED IN AND CROPPED VERSION OF BOTH.

HERE YOU CAN SEE THAT ONLY THE CANTILEVER DECK ON THE RIGHT PHOTO EXTENDS PARTIALLY SEAWARD OF THE 25 FOOT OFFSET. SO YOU SEE THE 25 FOOT OFFSET OF DUNE LINE AND THEN THE SMALL DASHED OUTLINE OF THE CANTILEVER DECK THERE.

ON THE FOLLOWING SIDE IS A STREET VIEW, STREET SIDE ELEVATION VIEW OF THE PROPOSED STRUCTURE.

ON THE NEXT SLIDE IS THE EAST SIDE VIEW ELEVATION SHOWING THE CANTILEVER DECK IN THE BACK APPROXIMATELY FIVE FEET WIDE, I BELIEVE.

AND THEN FINALLY, WE HAVE PHOTOS OF THE SITE LOOKING TO THE STREET FROM THE STREET ON THE NEXT SLIDE TO THE EAST AND WEST AND ON THE NEXT SLIDE FROM THE BEACH.

THIS CONCLUDES STAFF SUPPORT.

OKAY. WELL, ANYBODY HAVE QUESTIONS FOR STAFF? I DO. THE GLO SAYS NO GROUND LEVEL ENCLOSURES BELOW THE BASE FLOOD ELEVATION SHOULD BE ALLOWED IN THE DUNE CONSERVATION AREA.

THE CITY MUST ENSURE COMPLIANCE WITH THIS REQUIREMENT FOR ISSUING A PERMIT.

AND I NOTICED ON A SHEET FOR LEVEL ONE FLOORPLAN THERE WERE A COUPLE OF ENCLOSURES THERE.

[01:55:06]

HOWEVER, I THINK THAT MAIN PART OF THE HOUSE IS LANDWARD OF THE DUNE CONSERVATION.

THAT IS CORRECT. THE ONLY PART SEAWARD OF THE DUNE CONSERVATION AREA IS THE CANTILEVERED DECK.

SO THERE'S NO ENCLOSURES BELOW WAIST FOR THAT ELEVATION HERE.

OKAY, GOOD. THAT'S ALL I HAD.

ANYBODY ELSE HAVE ANYTHING? OKAY. THEN WE'LL OPEN THE PUBLIC HEARING.

IS THE APPLICANT HERE? WE'D LIKE TO MAKE A PRESENTATION.

YES, DAVID, COME ON. HI.

MY NAME IS DAVID MALIK AND I'M THE ARCHITECT ON THE PROJECT.

I WAS SURPRISED THAT IT WAS ACTUALLY SOME SORT OF VARIANCE THAT WE WERE GOING TO HAVE TO APPLY FOR, BECAUSE I'VE DONE THIS IN MANY CASES IN THE PAST.

I'VE BEEN DOING IT FOR 36 YEARS HERE, AND THE GLO HAS NEVER BROUGHT UP THE PROBLEM OF CANTILEVERED OVER THE SETBACK.

AS LONG AS IT'S A RAIN THROUGH DECK AND AS LONG AS THERE'S NO SUPPORTING ELEMENTS UNDER THAT DECK, AS LONG AS IT'S CANTILEVERED AND DOESN'T GO INTO THAT 25 FOOT ZONE.

SO I WAS A LITTLE SURPRISED BY THE COMMENT TODAY WHEN I CAME IN.

I DIDN'T KNOW THERE WAS GOING TO BE ANY ISSUE AT ALL.

BUT IF YOU HAVE ANY QUESTIONS, PLEASE ASK ME AGAIN.

IT'S A RAIN THROUGH DECK, NOT WATERPROOF, SO IT'S NOT SHIELDING ANY WATER FROM HITTING THE AREA OF THE 25 FOOT.

AND I DID THE HOUSE NEXT DOOR TO IT, THE ONE THAT APPEARED IN THE PHOTOGRAPH.

AND THE DUNE IS COMING TOWARD US.

SO, I MEAN, IT'S MOVING.

IT WAS I DID THE HOUSE THAT HOUSE RIGHT THERE.

AND WHEN I DID THAT HOUSE, THAT DUNE WAS FURTHER AWAY.

SO IT'S GROWING, BUT IT'S GROWING IN OUR DIRECTION.

SO. ALL RIGHT.

WELL, THANK YOU, DAVID.

I REALLY APPRECIATED THOSE HAND-DRAWN PENCIL ELEVATIONS.

THEY'RE WORKS OF ART. AND I'LL TELL YOU, YOU DON'T YOU DON'T SEE THAT VERY OFTEN ANYMORE OR WE DON'T SEE THAT VERY OFTEN ANYMORE.

IT'S REALLY, REALLY NICE.

I WAS ZOOMING INTO IT, JUST LOOKING AT IT UP CLOSE.

THEY'RE GORGEOUS.

THANK YOU.

IS THIS A CAT TYPE SET? YEAH. AND YOU MAY HAVE NOTICED THIS WAS THE MOST BRIEF PRESENTATION YET BECAUSE THEY'RE REALLY IT'S VERY CUT AND DRY.

SO I APPRECIATED THIS ONE.

YEAH [INAUDIBLE].

ANYBODY ELSE IN THE AUDIENCE WISH TO SPEAK TO THIS CASE? OKAY, WE'LL BRING IT BACK TO THE COMMISSION FOR A MOTION.

ANYBODY WANT TO MAKE A MOTION? I'D LIKE A MOTION TO ACCEPT CASE 22P-042 AS PRESENTED BY STAFF.

ALL RIGHT, WE GOT A SECOND.

OKAY. ANY DISCUSSION? NO DISCUSSION. ALL IN FAVOR.

RAISE YOUR HAND. IT'S UNANIMOUS.

THANK YOU. OKAY.

[7.A.5. 22P-046 (11863 Sunbather Lane) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Floating Deck Beneath The Habitable Structure To Replace Collapsed Fibercrete Pavers. Property Is Legally Described As Abstract 121 Hall & Jones Survey, The Sands Of Kahala Beach Subdivision (97), Lot 1A 11863 Sunbather Replat, Acres 0.4375, In The City And County Of Galveston, Texas. Applicant: Blake Horton, Ellington Custom Homes Property Owner: Morris And Linda Moore, Morris And Linda Moore Family LTD]

NOW WE HAVE 22P-046.

FOR OUR FINAL CASE, WE HAVE 11863 SUNBATHER LANE.

THIS IS A REQUEST FOR AN EXEMPTION TO CONSTRUCT A FLOATING DECK BENEATH THE HABITABLE STRUCTURE TO REPLACE COLLAPSED FIBER CREEK PAVERS.

THE PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT.

121 HOLLAND AND JONES SURVEY THE SANDS OF KAHALA BEACH SUBDIVISION LOT 1A11863 SUN BAY, THE REEF PLOT A SUBDIVISION IN THE CITY AND COUNTY OF GALVESTON, TEXAS.

THE SUBJECT SITE IS LOCATED IN THE SAND HOLLOW BEACH SUBDIVISION.

MULTIPLE FAMILY DWELLINGS ARE LOCATED TO THE WEST.

A BEACH SYSTEM IS LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF 7 TO 8 FEET PER YEAR.

STAFF HAS PREPARED SLIDES FOR YOUR VIEWING.

FIRST WE HAVE THE FIRM AND BEG MAP.

PLEASE NOTE THE SIGNIFICANT EROSION THIS AREA IS EXPERIENCING BOTH VISUALLY TO THE EAST AND IN YOUR COLORBLIND FRIENDLY SYMBOLOGY.