primary services Department circumstances. Standards we use to determine whether or not section of procedures. However,
30 days. Are there any questions? Let's communication and no. Thank you, Madam Chair. for the record graves planning and development services. This is 25-0000007.
Uh the applicant is the North Properties LLC. The location is 117 LC Drive in East Paka, Florida. A property that is approximately 3.8 acres in size zone commercial intensive C4 will feature land use of commercial. The variance is
to allow for a reduction in waterfront setback from 35 ft to 0 feet. a total of a 35 foot uh over the wa uh reduction for an overthewater restaurant. Uh the applicants are requesting the setback for uh reduction for the
development over submerged lands. Uh they have a submerged land lease from the department of environmental protection for the purpose of developing an overwater restaurant. The applicant would be allowed by right currently to retain the existing structure and repair
up to 50% of the damage done to it as assessed immediately prior to the damage. Uh removal of the waterfront setback would allow for repair up to the restaurant by right. Uh here you can see an aerial of the
property. Here's the zoning, the future land use, the FEMA flood zones and the buttons.
Uh there are five criteria of course when it comes to variance. Uh criteria number one, special conditions and circumstances exist which are peculiar to the land, structure of building and bomb. While there does not appear to be any special conditions or circumstances that are peculiar to the land in this
case, there are circumstances peculiar to the structure in that it is an over-the-water development. The design is unique in nature and utilizes innovative planning to create a one-of-a-kind experience in Putnham County that has the potential to be an asset to the community.
Uh number two is the special conditions and circumstances described in paragraph A do not result as a failure of the applicant's part. Uh there are no uh circumstances or conditions for the land. Uh the applicants purchased this property after the building had already been developed and are attempting to
maintain the existing development and uh follow all appropriate regulations for this unique development. Uh number three is granting the variance uh requested will not confer the applicant any special privilege that is denied by this code. staff debated on
this proposed variance would if it would constitute special privilege is implied by the setback restrictions that such developments are not allowed to occur. However, uh permission had already been granted by the department of environmental protection and a dial by the county could raise the issue of
equitable estoppel. A literal interpretation of the provisions of this ordinance would deprive the applicant of commonly enjoyed rights. While over the router restaurants are not a commonly enjoyed right in Putham County, denial could prevent the reopening of the restaurant,
however, which would potentially be depriving the applicant of a commonly enjoyed right in the commercial zoning districts. Uh, granting the variance will be in harmony with the general intent and purpose of the of this ordinance and will not be injurious to the area. The
general purpose and intent of the LDC for waterfront setbacks is to prevent pollution. Uh the DP has approved of this development and Putnham County must consider the uh development's potential pollution to be deminimous or otherwise not seen as an issue by agencies that
have more act that are more active in uh protecting our natural resources than Putinham County staff are able to. Uh the variance granted is the minimum necessary to make reasonable use of the land. Uh the granting of this variance would make possible the reasonable use
of the submerged lands in existing building by allowing the applicant to utilize them to the maximum extent of their lease agreement. Uh staff finds that the requested variance meets the criteria for the uh required for issuance of a variance in
accordance with LBC section 45833. Uh staff gives the recommendation for approval of the requested variance to reduce the waterfront setback for the overthewater restaurant from 35 ft to zero ft a 35 ft production uh on the
following conditions. Uh obliteration of the restaurant and any extensions therein, the variance shall be terminated. Uh number two, the variance shall be in effect for the currently existing restaurant building and any extensions attached therein. Any
newly created freestanding structures on the remainder of the property shall retain the 35 ft uh set back from the mean high water line. And any new development of new structures or extension of the restaurant in excess of 250 square ft that is not outdoors in
nature such as seating, docks, etc. uh shall require review and approval by the Putham County Development Review Committee to ensure compliance with all other LDC regulations. Any questions? Any questions for staff?
Okay, thank you. Now, before we proceed, let's do a site visit, please. Yes. Yes. Yes. For the record, please state your name and address.
the mic. Would you like to share anything else with throughout this process. The last two years there's no one in the audience from speak Chair, I move we approve variance number
V25-0000007 [Music] as it meets the criteria for variance as required by section 45-833 of the Putland County Land Development Code with conditions. We have a motion second to approve 25-
Good luck. But there is also a 30-day process. Oh, business. We approve them. There is a correction. Mr. minutes. Motion to approve Wednesday, May 21st, 2025. All in favor
say I. return. Okay. Second.