All right.

We're we're going to call to order the Board of Adjustments meeting for Thursday, October 16th, 2025.

Before we get started, I'm going to read the introduction.

Board of adjustments.

The hearings before Board of Adjustments are quasi judicial in nature.

Decisions of the board are based on the record of these proceedings.

To grant a variance requires a concurrent vote of four fifths of the board of the members of the board.

To reverse or modify the determination of an administrative official requires a simple majority.

Evidence submitted to the board for review becomes part of the record.

Appeals of the board's decision are to Superior Court and are based on the record.

Appeals must be filed within 30 days of the date of the filing of the board's order in the planning division.

A hearing before the board is conducted in accordance with rules of procedures.

Procedure.

Those who want to testify in a case are sworn as witnesses.

The chairperson will recognize those wanting wanting to testify or their attorneys for presentation of evidence during the hearing.

To ensure that all testimony is properly recorded, please come forward to address the board, state your name, address, and speak clearly.

Next time we'll have everyone that's going to speak today be sworn in.

If you'll stand and raise your right hand.

Anyone opposed?

Those are approved.

Next item is old business.

First item is 418 Wooster Street.

And Catherine, are you presenting this one?

There's no real presentation.

Oh, that's right.

They're asking for to extend a variance that was previously granted.

There have been no meaningful changes to the code since that variance was granted, and the circumstances are still um s largely the same as they were when the board was uh granted the original variants.

The applicant's attorney, Mr.

Nichols, is also present if you would like to hear from him.

Is there a specific time you need the variance extended to, or just what's appropriate or it would be a 12-month extension?

Okay.

All right.

That being the case, could anyone would like to make a motion to extend that we extend the variants at 418 Wooster Street by that was granted August 17th, 2023 by 12 months is requested.

All right, is there a second?

Second.

That being the case.

All those in favor say aye.

Aye.

Anyone opposed?

That passes.

Thank you.

All right.

Our next item is going to be one two two five, Great Oaks Drive.

A variance to exceed the allowable encroachment within a con a conserve conservation resource setback area and a to facilitate the extension of a bulkhead and the placement of fill in the R20 legacy district.

This will be presented by Catherine.

You move too quick for me, Wows.

Thank you.

Uh the case before you today is a request for a variance to conservation resource regulations to allow an encroachment into the required setback for approximately 490 cubic yards of fill to facilitate the extension of a retaining wall.

The subject properties zoned R20 legacy district and contains a 5,493 uh square foot single family dwelling.

The owner has proposed installing a retaining wall along the portion of the property abutting the intercoastal waterway, which is a designated conservation resource setback area.

And then they would backfill the upland side of the proposed retaining wall with approximately 490 cubic feet of fill that would be kind of a variable height, but up to six feet in height.

The conservation resource applicable to this site is a coastal wetland, which requires a 75 foot setback from the edge of the resource.

And that's to protect the city's ecologically important estuary and systems, preserve open space, retain flood storage capacity, and promote water quality.

City Code Chapter 18, land development code section 18286.

Sets forth criteria by which encroachments into the conservation resource area may be permitted.

Land development code section 18286 allows improvements within the conservation resource setback area, up to 25% of the total area of the resource setback on the lot.

The proposed retaining wall, fire pit, and fill associated with the request, and that request does carve out a protection area for two protected trees, which you can see on the site plan, but that would exceed the allowable encroachment by approximately 8%.

On or about June 2nd, 2025, the applicant submitted a request for a variance to allow an additional encroachment into that conservation resource setback area.

This matter has been continued by the board several times to allow the applicant to provide additional information about the quantity of the fill and the exact locations.

That information is now included in your packet and it's on the screen in front of you.