HomeMy WebLinkAboutMinutes Planning Commission - 03/17/2021 (2) CITY OF CORPUS CHRISTI 1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
MEETING MINUTES
BEACH DUNE COMMITTEE
(PLANNING COMMISSION)
Wednesday, March 17, 2021 Via WebEx Vide Conference
I. CALL TO ORDER - ROLL CALL
The meeting was called to order and a quorum was established with no absences.
II. PUBLIC COMMENT
Craig Garrison, Development Services, informed the Commission that Staff has received
many written public comment forms for the Beachfront Construction Certificate on this
agenda. Comments will be read into the record when the public hearing is opened for
that specific item.
III. CONSENT PUBLIC HEARING: DISCUSSION AND POSSIBLE ACTION
A. BEACHFRONT CONSTRUCTION CERTIFICATE
1. Case No. BCC 20BD1002 - Emmons Investments, LLC: A request for a Beachfront
Construction Certificate to construct a single family home on the property described as
Lot 16, Block 1, Beachview Estates Road, located along the east side of State Highway
361, and west of the Gulf of Mexico.
Craig Garrison, Development Services, presented item “1” listed above for the record.
The proposed single-family dwelling is located seaward of the 350’ erosion setback line,
and 310’ feet landward from the line of vegetation. He informed the Commission this
case was tabled from the November 11, 2020 Beach Dune Committee meeting; the
application has since been amended to formerly remove a request for a beach dune
walkover and only for a single-family dwelling with amenities, including a pool. Mr.
Garrison clarified that the applicant amended the request, removing the dune walkover.
Mr. Garrison gave a brief timeline to explain how the application started and where it is
today. The initial draft of plans began in February of 2020 and were submitted to the
Nueces County Dune Protection for permit in July 2020 and then submitted to the City in
September 2020. Mr. Garrison presented a map of the 350’ Erosion Response Line
(ERL) post Hurricane Hannah in July 2020.
Discussion took place regarding the Erosion Response Line and how it moves with the
line of vegetation; moves with the storm seasons as dunes can get wiped out up to 40
feet. The line will also move over the years as dunes build back up with vegetation.
Due to the home encroaching 40’ within the erosion setback line post Hurricane Hannah,
further development requirements were recommended by the General Land Office
(GLO) and the Joint Erosion Response Plan (JERP). An updated site plan was
requested showing the new vegetation and Erosion Response lines.
Commissioner Schroeder raised concern regarding precedent and how this can affect
future permit requests due to the everchanging response line. The Director of
Development Services has granted the exemption per UDC Section 3.14.A.2, after
finding that the application met all criteria, but case must still be presented to the Beach
Dune Committee for approval as well.
Mr. Garrison noted that the majority of written public comment forms submitted were
from the adjacent Lost Colony area which are existing non-conforming structures that
are far within the Erosion Response Line. Majority of the comments mentioned the dune
walkover. Other concerns cited line of sight (beauty corridor), environmental impacts and
precedent. After Staff’s presentation, Chairman Baugh opened the public hearing. Mr.
Garrison read into record the written public comment forms submitted for this case
(attached).
Gary Gonzalez at 681 SH 681 #3 (Lost Colony) addressed the Commission and stated
his opposition (attached); Attorney for Joe & Cindy Abel (401 E. Third Street, Lampasas,
TX), Adam Friedman, addressed the Commission and stated their opposition (attached).
They are neighbors to Gary Gonzalez in Lost Colony.
Frank Valadez at 681 SH 681 #1 (Lost Colony) addressed the Commission and stated
his opposition. He mentioned his concern for the setback encroachment and safety
concerns for the swimming pool/deck (retaining walls & deck grade). He is concerned
with security since they experienced looters during the hurricane that were accessing
their property through the boardwalk. He highly encourages that the current boardwalk
be adapted.
Representing the applicant, Craig Thompson, addressed the Commission in support of
the request. He stated the request was submitted to Nueces County Dune Protection
Committee and was approved prior to the hurricane; the property was platted prior to the
ERL establishment. He mentioned that two homes within Beach View Estates
(HOA)/ACC), requested a similar location and orientation of the existing homes (deep
front setbacks and alignment with the seaward setback) in this subdivision to maintain
community character. He reiterated Staff’s earlier statement regarding Lost Colony
which are existing non-conforming structures that are within the Erosion Response Line
and felt their opposition as hypocritical. He said the ERL pertains to habitable structures
and therefore does not pertain to the swimming pool. He stressed that the dune
walkover has been removed from the original request. He also mentioned the movement
of the vegetation line is ongoing.
With no further comment, the public hearing was closed. Commissioner Schroeder
asked if any dunes would be impacted by construction and how they would be protected
from erosion. Mr. Thompson responded that there will be dunes impacted and an
Erosion Response Plan (mitigation plan) has been provided (included in Staff’s report).
He gave further details on the mitigation plan. GLO and Staff has reviewed the plan. Mr.
Garrison also gave clarification on the public notification process with respect to the City
and Nueces County.
Commissioner Schroeder made a point of the damage hurricanes have produced in
past years which cause property loss/the restriction to rebuild. Dune lines change as well
as the shape of the beach. Staff explained that JERP will resurvey the vegetation/dune
line after a major storm within six months. The County is currently in the process of
resurveying. Commissioner Schroeder gave an example how the adjacent property
could be damaged beyond habitability from a severe storm, dune lines would be
moved/encroachment would occur, preventing rebuild. Staff stated that the existing, non-
conforming structures would go through this same exact process. They would need to
obtain a Dune Protection Permit/exemption from Nueces County; apply for the
Beachfront Construction Certificate/exemption from the City which includes the public
notification process. Commissioner Schroeder felt that the Commission’s decision sets a
precedent for them as well. A motion was made by Commissioner York to approve
Staff’s recommendation for BCC 20BD1002 - Emmons Investments, LLC. The motion
was seconded by Commissioner Schroeder. The motion passed with no abstentions.
VII. ADJOURNMENT OF AIRPORT ZONING COMMISSION MEETING
There being no further business to discuss, Chairman Baugh adjourned the meeting at
8:00 p.m.
1201 Spyglass Drive, Suite 200, Austin, TX 78746 | www.msmtx.com
MAILING ADDRESS: P.O. Box 12127, Austin, TX 78711 | T. 512.327.8111 F. 512.327.6566
March 12, 2020
VIA ELECTRONIC MAIL:
Beach/Dune Committee
City of Corpus Christi, Texas
CatherineG@cctexas.com
Re: Emmons Investments, LLC’s Beachfront Construction Certificate Application
No. 20BD1002 and JERP Exemption Request; 106 Beach View Estates
Dear Beach/Dune Committee:
My name is Adam Friedman, and I represent Joe and Cindy Abel regarding Emmons
Investments, LLC’s Beachfront Construction Certificate Application No. 20BD1002 (the
“Construction Application”) and requested exemption to the Joint Erosion Response Plan (“JERP”).
The Abels live in Unit 4 in the Lost Colony subdivision, approximately six (6) feet from Emmons’
proposed construction. The Abels respectfully request that the Committee deny both the Construction
Application and the requested JERP exemption for the following reasons:
• Emmons failed to mail notice of the public hearing held July 29, 2020, on the Dune Protection
Permit Application. UDC § 3.14.3.B.1; 31 TEX. ADMIN. CODE §15.4(f).
• Emmons failed to mail notice of the March 17, 2021 public hearing on the Construction
Application to record owners of property within 200 feet of the proposed construction. UDC §
3.1.7.A.; Section 3.1.7.C.3
• The Construction Application seeks construction of an unnecessary and excessive dune walkover.
31 TEX. ADMIN. CODE 15.4(f)(2)(B)(iii). The Beach View Estates has an existing walkover less
than 150 feet from the proposed construction.
• Until Emmons files a new application or major amendment accurately reflecting the post-storm
vegetation line, the Applicant’s Dune Protection Permit is likely invalid.
• The proposed walkover’s seaward terminus impermissibly exceeds the most landward point of the
public beach. 31 TEX. ADMIN. CODE § 15.7(g)(1).
• Emmons’ Site Plan shows at least 100 feet of buildable land north of the building setback which is
a reasonably practical development alternative to a JERP exemption. JERP, § III.A.
The Abels appreciate your attention to and careful consideration of these comments on this
important matter. Please do not hesitate to contact me if you have any further questions.
Thank you,
/s/ Adam Friedman
MCELROY, SULLIVAN, MILLER & WEBER
afriedman@msmtx.com
(512) 327-8111
ATTORNEY FOR JOE AND CINDY ABEL
12MARCH 2010
Gary Gonzales
Lost Colony, 681 State Highway #3, Port Aransas, TX, 78373,
gary_m_gonzales@yahoo.com, 210.287.2897
SUBJECT: Application No. 20BD1002 for 106 Beachview Estates Road
To Whom It May Concern,
Please let this service as written notice of my OPPOSITION to Application No. 20BD1002;
specifically, for the Building Setback Exemption and Golfcart Boardwalk.
SUMMARY
Encroaching on building setbacks and/or placing a redundant boardwalk structure on/above the sand
dunes will impact the plant and animal ecosystem in addition to adjacent property and their
ownership. There is no evidence of a hardship scenario justifying an exemption for the building
setback. Regarding the boardwalk, there is a viable, indeed responsible, option for the boardwalk
that is aligned with the spirit of environmental conservancy and the safeguard that is incumbent upon
us to practice as stewards of our natural resources.
Following is the rationale for the opposition:
SETBACK & GOLFCART BOARDWALK
Extreme Hardship
Literature shows building setback exemptions are granted only in cases of extreme hardship. The
information in this application does reflect hardship scenario.
Setbacks prevent landowners from crowding the property of others, allow for the safe placement of
infrastructure (eg, buried power lines), and help to preserve ecosystems. At 0.9 acres, the property
has ample space for a home/pool and does not reflect a hardship restriction that would justify setback
encroachment.
Property buyers are aware of setbacks before they purchase real estate and it is incumbent upon us
to adhere to established setbacks for various reasons including, and perhaps most importantly, the
preservation of the local dunal ecosystem consisting of several species of plants and animals.
Geomorphology
There is extensive literature documenting the high correlation between impact of human interference
(ie, disturbance of vegetation, animal species, and construction) and subsequent substantial effect of
decreased dunal stability and undermining of the foundations under adjacent structures. Once this
action commences, immediate engineering works are required to stabilize the situation to prevent
possible impact on structural integrity of buildings.
GOLFCART BOARDWALK
Impact
Building a second boardwalk for the small community would disrupt the dunal ecosystem and directly
impact Lost Colony Homeowners (especially the six properties immediately adjacent to the property
line) by: i) providing an additional path for beachgoers to venture onto property, ii) increasing noise
and light pollution thereby iii) decreasing rental revenue for the homes. Social media is key to
marketing and light/noise pollution will surely be cited as a negative aspect of the units.
12MARCH 2010
Gary Gonzales
Lost Colony, 681 State Highway #3, Port Aransas, TX, 78373,
gary_m_gonzales@yahoo.com, 210.287.2897
Viable Alternative
There is an existing a boardwalk in the subdivision in question; see pictures below. It is currently
used for pedestrian-only traffic, however, could be increased in width to accommodate golfcart traffic
If the boardwalk was widened by 2 feet to accommodate a golfcart (which is 4 feet wide), then 960
square feet of new platform would need to be added and rails could be repurposed. This is a
responsible, environmentally friendly approach that minimizes the footprint on the precious ecological
dunal system. In contrast, building another boardwalk for golfcarts is redundant and would require
approximately 2400 sq ft of structure; ie, nearly three times the amount of lumb er. Further, it will
impact the dunal system as described above.
Pedestrian Walkway
Increase from 3 to 5 wide for 480 feet in length
2 feet x 480 feet = 960 feet of new construction required
Separate Golfcart Boardwalk
5 feet x 480 feet = 2,400 feet of new construction required (not including new pier/beams)
From:LISA TINSLEY
To:Catherine Garza; Craig Garrison
Cc:Philip Tinsley
Subject:Application No. 20BD1002
Date:Thursday, November 5, 2020 2:37:46 PM
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To Whom this may concern:
I am a homeowner and live in the Lost Colony community #13, I am very concerned about the
proposed golf cart boardwalk on the south side of our property.
There is already a boardwalk giving access to the beach from the property on our South
border, if a golf cart accessible boardwalk is needed I would like to suggest that the existing
one be remodeled to accept vehicles. Having 2 boardwalks on such a small frontage is in my
opinion too much.
One reason we bought our home in Lost Colony was to be close to nature and enjoy the native
eco system. How would this boardwalk effect the eco system and has a study been conducted
on the native species impacted?
After the recent storms the impact of flooding on the dunes has been substancial. I am concerned
that this structure will have a negative impact and cause more flooding directly effecting our homes.
Has any study been conducted to address this problem.
Sincerely,
Lisa Tinsley
817-637-3453 cell
www.vwcoolbox.com
From:Kristy Reed
To:Catherine Garza
Cc:Craig Garrison
Subject:Application #20BD1002
Date:Friday, November 6, 2020 8:15:22 AM
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I am a homeowner in Lost Colony. This property adjoins the property requesting the
crossover boardwalk through the dunes. I oppose this request. The requesting development
already has an existing boardwalk on the other side of the development. It would be much less
disruptive to the environment to expand the existing boardwalk than to add an additional,
unnecessary and ecologically destructive boardwalk to the property. The proposed boardwalk
will be situated close to the homes on the South boarder of our development, Lost Colony. In
some cases it appears that the top of the railing will be higher that an existing home. The
original request states the boardwalk will run by a parking lot. It actually runs next to 5
homes.
Hurricane Hanna dramatically changed the dunes and beach on Mustang Island. A major
ecological impact to our local environment. It is totally irresponsible to proceed with the golf
cart boardwalk project without further reassessment of the further ecological impact, flood
impact and an alternative route.
I strongly believe that the application number 20BD1002 should be denied.
Thank you,
Kristy L. Reed
To Whom it May Concern, November 7, 2020
We, the Lost Colony Council of Co-Owners would like to address application 20BD1002 concerning 106
Beachview Estates Road described at Lot 16, Block 1, Bass Subdivision located eastside of State Highway
361 and west of the Gulf of Mexico.
Please confirm the receipt of this letter and ensure it will be entered as written testimony at the
Beach/Dune Committee public hearing on November 11, 2020 concerning the above mentioned
application.
We OPPOSE the construction of this boardwalk for several reasons.
* There is an existing boardwalk to accommodate the 30 plus lots in Beachview Estates. If a golf cart
path extension is desired, modifications can be made to the existing boardwalk. The current design
that we are seeing protrudes at least 50’ out into the roadway from the new dune/vegetation line
created by hurricane Hanna . Any walkway that is built would have to make a significant turn at
the dune line to run parallel to the dune line in order not to block car traffic during high tide.
*The proposed additional boardwalk is located very close to the property line alongside several existing
homes in the Lost Colony community. This will obstruct views, cause disruptive noise and distract from
the peaceful ambiance we enjoy. The property values as well as rental capabilities will likely be
adversely affected.
* As stated in the Dune Protection and Improvement Manual for the Texas Gulf Coast Fifth Edition
Section 63.001. Findings of Fact, paragraph 6 " that it is necessary to protect these dunes as provided in
this chapter because stabilized, vegetated dunes offer the best natural defense against storms and are
areas of significant biological diversity."
We are of the opinion that adding an additional boardwalk to our delicate dunes, is not
environmentally responsible. After losing several yards of dunes post hurricane Hanna this year, the
Lost Colony community is very sensitive to the invaluable importance of protecting the dunes. We
appreciate the opportunity to participate in the decision making of this project. We hope the
committee understands our concerns and the impact this boardwalk will have on our community and
the ecosystem of our precious dunes.
Sincerely,
The Lost Colony Council of Co-Owners
Rex Reed, President
Suzanne Wiersig, Vice President
Barrie Kaiser, Treasurer
Scott Helton, Secretary and Bob McCullough, Director at Large
From:Philip Tinsley
To:Craig Garrison; Catherine Garza
Cc:LISA TINSLEY
Subject:106 Beachview Estates (CASE 20BD1002)
Date:Wednesday, March 10, 2021 11:44:22 AM
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Hi Craig, Catherine.
I walk the beach every day.
I do not agree with this property not complying with the 350' setback, it was agreed for good
reason, we need to protect this valuable ecosystem.
They already have one boardwalk I do not understand why they need two.
Can you please explain?
Regards,
Philip Tinsley
President
Tinsley Global, LLC
+1 (817) 937 - 3356 Direct
Philip@TinsleyGlobal.com
www.thecoow.com
PUBLIC COMMENT/INPUT FORM
City of Corpus Christi
Enter the name of the City Board, Committee or Commission: _______________________________________
DATE OF MEETING (mm/dd/yy): ___________
NAME: _________________________________________________
ADDRESS: ______________________________________________
CITY: _______________________ STATE: ______ ZIP: ________
TOPIC: _________________________________________________
AGENDA ITEM NUMBER (if applicable): __________________________
If no agenda item is specified, then this will be considered a general public comment and not a public hearing.
This form is not for City Council. This form is for City Boards, Committees and Commissions ONLY.
Persons with disabilities planning to attend this meeting,who may require special services,are requested to contacttheDevelopmentServicesDepartmentatleast 48 hours in advance at (361)826-3240. Personas con incagcidades,gue tienen la intencion de asistir a esta iunta y gue reguleren servicios esfiiales,se Ies suplica gue den aviso 48
horas antes de la iunta llamando al‘departamento de servicios de dgsarrollo,al numero (361)826-3240.
If you wish to address the Commission during the meeting and your English is limited,please call the Development .Services Department at (361)826-3240 at least 48hours in advance to request an interpreter be present during the
meeting.Si usted desea dirigirse a la commission durante Ia iunta y su ingiés es iimitado,favor de ilamar al
departamento de servicios de desarrollo al numero (361)826-3240 al menos 48 horas antes de la iunta para solicitar
un intémrete ser presente durante la iunta.,.
.
'BEACH/DUNE COMMITTEE -
PUBLIC HEARING NOTICE
,
'
Beachfront Construction Certificate
Application No. 208D1002
Emmons InvestmentsILLC has petitioned the City of Corpus Christi to consider construction of a single
family home.The property to be considered is described as:''
106 Beachview Estates Road and described”as Lot 16,Block 1,Bass Subdivision,located
along the eastside of State Highway 361,and west of the Gulf of Mexico.,
The Beach/Dune Committee may recommend to City Staff approval or denial,both may incldue conditions.
The Beach/Dune Committee will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council. The public hearing will be held on Wednesday,November 11I 2020,after the Planning Commission’s regular meetings,which begins at 5:30 g.m.,in the -
City Council Chambers,1201 Leopard Street.PUBLIC COMMENT:To reduce the chance of COVID-19
transmission,public meetings will be held in a manner intended to separate,to the maximum practical
extent,audience and presenters from personal contact with members of the community,City staff,and CityBoards and Commissions. Public testimony and public hearing input for public comment and on all items
on the agenda at public meetings of City Boards and Commissions shall be provided in written format and
presented to the designated staff member prior to the start of each meeting(5)of the City Boards and!or
Commission.-
Public comment!input shall be provided,in writing,in the form of an e-mail limited to one page or by using
.the PUBLIC COMMENT/INPUT FORM found here:http:llwww.cctexas.comldepartments/city-secretary,
and shall be e-mailed to the following e-mail address:CatherineG@cctexas.com and/or
,
CraigG@cctexas.com.The written public testimony shall be provided to members of the applicable Cityboardorcommissionpriortovotingonmeasuresforthatmeeting.That written testimony shall be limited in ,
accordance with the City Secretary requirements and shall be placed into the record of each meeting.This '
written testimony shall serve as the required public testimony pursuant to Texas Gov't Code 551.007 and
shall constitute a public hearing for purposes of any public hearing requirement under law.For more
_information,please call (361)826-3240.-...._.._
m5
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0.Box 9277,CORPUS CHRISTI,TEXAS 78469—
9277.ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.'
Printed Name:5
Address:[3 [elm inbgl'vxLI %City/Stateszfi Aggie Z!7J'249
( )IN FAVOR (IN OPPOS ION Phone:740-3,5 5-ft 2 “(2
REASON:
sac aficfut (an;A .
Signature 4;5
SEE MAP ON REVERSE SIDE Case No.20801002INFOR Case No.:20801002 Project Manager:Craig GarnsonPropertyOwnerID:Email:Craig Gamson
Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact
the Development Services Department at least 48 hours in advance at (361)826-3240.Personas con incamcidades,
’
gue tienen Ia intencién de asistir a esta iunta y gue rguieren servicios especiales,se Ies suglica gue den aviso 48
horas antes de la iunta Ilamando al degartamento de servicios de desarrollo,al mlmero (361)826-3240.
If you wish to address the Commission during the meeting and your English is limited,please call the Development ,
Services Department at (361)826-3240 at least 48 hours in advance to request an interpreter be present during the
meeting.Si usted desea dirigirse a la commission durante la iunta y su inglés es Iimitado,favor de llamar al
departamento de servicios de desarrollo al numero (361)826-3240 al menos 48 horas antes de la iunta para solicitar
un interprets ser presente durante la iunta.
'BEACH/DUNE COMMITTEE
PUBLIC HEARING NOTICE
Beachfront Construction Certificate
Application No.203D1002
Emmons Investments,LLC has petitioned the City of Corpus Christi to consider construction of a single
family home.The property to be considered is ”described as:.
-106 Beachview Estates Road and described as him,Block 1,satisfies“,located-w M""H"
alongthe eastside of State Highway 361,and west of the Gulf of Mexico.
The Beach/Dune Committee may recommend to City Staff approval or denial,both may incldue conditions.'
The Beach/Dune Committee will conduct a public hearing for this rezoning request to discuss and
formulate a recommendation to the City Council.The public hearing will be held on Wednesday,
November 11,2020I after the Planning Commission’s regular meetings,which begins at 5:30 g.m.,in the
City Council Chambers,1201 Leopard Street.PUBLIC COMMENT:To reduce the chance of COVID-19
transmission,public meetings will be held in a manner intended to separate,to the maximum practical
extent,audience and presenters from personal contact with members of the community,City staff,and City
Boards and Commissions.Public testimony»and public hearing input for public comment and on all items
on the agenda at public meetings of City Boards and Commissions shall be provided in written format and
presented to the designated staff member prior to the start of each meeting(s)of the City Boards and'or
Commission..
Public comment!input shall be provided,in writing,in the form of an e-mail limited to one page or by using
the PUBLIC COMMENT/INPUT FORM found here:http:IIwww.cctexas.com/departmentslcity-secretary,
and shall be e-mailed to the following e-mail address:CatherineG@cctexas.com and/or
CraigG@cctexas.com.The written public testimony shall be provided to members of the applicable City
board or commission prior to voting on measures for that meeting.That written testimony shall be limited in
accordance with the City Secretary requirements and shall be placed into the record of each meeting.This
'written testimony shall serve as the required public testimony pursuant to Texas Gov't Code 551.007 and
shall constitute a public hearing for purposes of any public hearing requirement under law.For more
information,please call (361)826-3240..
‘TO BE ON RECORD.THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED
IN ITS ENTIRETY To THE DEVELOPMENT SERVICES DEPARTMENT,P.0.Box 9277.CORPUS CHRISTI,TEXAS 78469-
9277.ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.,
Printed Name:“er
'Address:4,3 gaff/i;B L)?City/State:5“Ma r a Tit may
()IN FAVOR (filN OPPOS ION Phone:2.10 «3 55—4 1 g;.
'
REASON:
59a:cad-“flat [eff-A ‘
'
'Signature I;z 7
SEE MAP ON REVERSE SIDE Case No.20301002
INFOR Case No.:ZOBD1002 Project Manager.Craig Garrison
Property Owner ID:Email:Craig Garrison
'
_______________'
\
__‘_
Regarding Case No.2OBD1002
Mr.Garrison
We are in opposition to 106 Beachview Estates Rd.proposed home being built in the area not
currently zoned for a single family home.We own unit 6 and unit 19 in Lost Colony.Owners in
Lost Colony have made decisions on purchases,decks,renovations and valuations of property
based on the current zoning of Beachview.Allowing the owner of 106 Beachview to have a
variance will adversely affect the views of multipleproperties.The fact that the prospective
home of 106 Beachview aligning with another home (102 Beachview)is immaterial because
that home was built in accordance to the zoning laws at the time.i was informed 102
Beachview was constructed in 2008 and the setbacks were rezoned in 2011. The city/county
obviously had a reason to rezone to further protect the dunes.Granting a variance based on
precedent is not a valid application of the dune laws since setbacks have changed.By allowing
the owner of 106 to build beyond the current setback is not being a good steward of the
environment.
As you can see after hurricane Hanna,mother nature is changing the dunes and vegetation
lines on her own.Obviously these setbacks are important enough that they were changed in
2011,so why would we allow someone to encroach on them?
Please consider having the owner of the property build the home he desires within the foot
print that is legal.
Thank you
Suzanne Wiersig
6 and 19 Lost Colony