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NOV 41 M6 <br />BOOK 3®8 <br />Commissioner Lyons commented on the requirement that "in no <br />case shall any building structure be allowed to exceed 45' in <br />height" and wanted to know how height is defined now. <br />Director Keating stated that it is the vertical distance to <br />the highest point of the roof, according to the type of roof, and <br />it is measured from the average natural grade or the minimum <br />flood elevation, whichever is higher. There are some exceptions <br />for A/C equipment, elevators, etc. He noted that staff worked on <br />this very hard with the public and believed they did come to a <br />consensus. <br />Commissioner Bowman asked what assurance we have that some- <br />body isn't going to come in some years from now and say they want <br />to be rezoned for hotels. <br />The Board members noted there is no such assurance, -and <br />Commissioner Bird felt by then there will be another CCCL that <br />will make all this null and void. <br />Attorney Stewart felt the ordinance as it now exists creates <br />some real disincentives which he did not feel were ever intended. <br />He pointed out that if they move their building back to a lower <br />elevation, they would have to fill in and put the building up <br />higher to meet the minimum elevations required to avoid the 100 <br />year storm surge, but that would penalize them from a height <br />point of view because the way height is currently measured the <br />fill counts as part of the building height. Also, with this, he <br />felt there is a built-in incentive to build as close to the CCCL <br />as possible to maximize your views. Attorney Stewart then <br />compared hospitals and hotels, their functions, and how they are <br />built in order to be able to provide service to the people. Once <br />the CCCL is moved considerably to the west, Attorney Stewart did <br />not feel this will be as much of a problem to the county. It is, <br />however, critical to his client for the implementation of his <br />project. They have a site plan that has been approved with the <br />45' height level subject to the Commission's approval of this <br />26 <br />