8/22/1989 - Laserfiche WebLink

Home Browse Search

Commissioner Scurlock asked if we could find some vehicle to address this as an existing situation with a major change precipitated by some significant happenings, i.e., the construction setback change and the different position of DNR. Attorney Vitunac felt the significant happening would be the DNR granting Sea Oaks a permit to build on the dune. If the DNR does not permit it to be built, the County can achieve both objectives without any change. Sea Oaks would be forced to move back from the dune by the DNR and forced by the County under our present code to come down in height. Commissioner Scurlock pointed out that the new ordinance would allow them to excavate, and he felt that was a negative. Attorney Vitunac felt the significant happening would be that the DNR not allow it to happen and then we could achieve our objectives through our existing ordinances. Chairman Wheeler asked how the present ordinance came about, and Director Keating felt it was precipitated by the way Sea Oaks had gotten around the heights a number of years ago. Referring to a graphic, he noted that the last ordinance defined building height as the bottom measure being at the existing grade at the front of the building, which allowed the construction of a 40 -ft. building, and then by putting a 5 -ft berm out front, you meet the 35 -ft. height restriction. Chairman Wheeler understood then that they found a loophole several years ago to go up a little higher, and now that loophole has come back to haunt them, but Director Keating pointed out that was under a different ordinance. After lengthy debate, Commissioner Bird asked if we have any latitude to permit this under our minor site plan modification procedures, since the plan calls for a completely different footprint for the building, i.e. different shape, design and configuration of the parking lot, landscaping, etc. Basically, it is almost a totally different product on the same piece of AUG 2 21989 9 b - AK 77