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M W r <br />Attorney Stewart clarified that when this project was approved, <br />the rule was that the height was measured from the finished grade <br />of the project. In their approved site plan, this placed the <br />hotel building on a 17' natural elevation line; the project was <br />developed around that premise; and they are asking the Commission <br />to determine the buildings will continue to be measured from that <br />elevation. Attorney Stewart believed that is appropriate not <br />only because of vesting, but because it will make a better <br />project for development and for the community. <br />Attorney Stewart explained that the new ordinance goes about <br />this a little differently - it takes the average natural grade of <br />the whole piece of property and then you measure the elevation of <br />the building from that. As to why this makes any difference, <br />Attorney Stewart advised that after they went through the amended <br />site plan process some time ago and brought the property into <br />conformity with the current zoning ordinance, they took another <br />look at the configuration of their proposed building and <br />determined they could produce a better project for all concerned <br />if the shape of the building were changed and the bulk of the <br />building was brought further back from the coastal construction <br />setback line. The building as a result becomes more attractive, <br />more functional, and also achieves the desired objective of being <br />further removed from the beachfront. He then presented a chart <br />showing what was proposed and what the changed configuration <br />would result in. Attorney Stewart contended that if the new <br />ordinance was applied, it would make the project unworkable, <br />impair the view even more, and reduce even further the room <br />count, which as now proposed has about 40 less rooms than <br />currently approved. Even more important, Attorney Stewart noted <br />that when you have a sloping piece of property and you take the <br />elevation in the middle, in order to get your building level as <br />you move to the ocean, you would have to excavate, and they are <br />asking that the 17' elevation remain constant for the reason that <br />it is a vested right of the project. <br />75 <br />MAY 2 1191036 BOOK 64 F,,GE 5 l <br />