8/22/1989 - Laserfiche WebLink

Home Browse Search

AUG 2 21999 J 1 BOOK pq 6 16E 91 DESCRIPTION AND CONDITIONS: In 1982, Sea Oaks was granted site plan approval by the County to construct 7 "Dune Home" buildings along the Atlantic Ocean. Sea Oaks has been proceeding with the construction of these "Dune Homes" since 1982, and the site plan is still valid so far as County jurisdiction applies. The existing "Dune Homes" are constructed seaward of the new coastal construction control line (CCCL), and the site plan approved homes are proposed to be constructed seaward of the CCCL. Apparently, the State Department of Natural Resources (DNR) will not issue at this time a building permit for Dune Homes V and VI, despite valid County approval, because the proposed location of the buildings is well seaward of the CCCL. Sea Oaks has sought to gain DNR approval by proposing to relocate the buildings further west, where only a small portion of the building would be seaward of the new CCCL. The revised design, however, requires minor site plan approval through the County. During the review of the new site plan, staff applied all applica- ble review criteria. Since the original plan was approved in 1982, the definition of building height has been changed. FROM: BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roof; to the deck line of mansard roofs, and to the mean height between the eaves and ridge for gable, hip or gambrel roofs. TO: BUILDING, HEIGHT OF: The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs, to the mean height between the eaves and ridge for sloped roofs measured from the average natural grade or the minimum flood elevation, whichever is higher. Under the new definition which applies to all new plans and construction, the old Dune Home design exceeds the County's height limit and cannot be approved as part of any new plans. Conse- quently, staff has reviewed and the Technical Review Committee has approved a minor site plan application for a newly located Dune House with, among other conditions, a condition that the new design meet the (current) building height limitation and de- finition. The applicant appealed this condition to the Planning and Zoning Commission which considered this item at its July 13, 1989 meeting. The Planning and Zoning Commission, on a 3 to 3 vote, failed to approve a motion to uphold the Sea Oaks position on the appeal. Consequently, the appeal was denied, the Technical Review Committee position was upheld, and the applicant subse- quently appealed to the Board of County Commissioners. ANALYSIS: In the applicant's letter of appeal to the Board of County Commis- sioners, concerns regarding dune preservation, public health and safety and aesthetics were given as justification for not applying the current code height requirement. These three objectives can all be achieved within the present code, given a proper design. 3