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Item 9AAGENDA ITEM # 9A MAY 26, 2009 May 18, 2009 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso CiTy Manager SUBJECT: City Manag is Report Calculated Average Grade as required in City Code Section 24-17; The City Charter limits height of construction in Atlantic Beach to 35 feet. On lots where there is a significant change in elevation, the calculation for the starting point for building construction is described in City Code Section 24-17 providing definitions for "Calculated Grade Average" and "Developed Calculated Grade Average". The City Code defines the method for determination of building height not to exceed. 35 feet to be an average of 100 different points to be set as a grid over the lot. This is appropriate before a building is constructed on the site when the land is still in its natural elevation. The Code also defines how to determine the average elevation of sites where a structure previously existed by using the elevations of the rest of the lot not under the old foundation. Questions have recently been raised about how to calculate the beginning point for a structure when the original graded lot has been altered to a point where it is virtually impossible to prepare the average grade as described in the Code and it is necessary to come up with a method of determining the proposed building height to meet the intent of the City Code. Staff proposes to do this by utilizing the best known grade elevations located outside portions of the original structure and requiring that the height of any proposed structure not exceeds those of structures on surrounding adjacent properties and in any case not to exceed 35 feet above the existing grade. Staff proposes to utilize this method for determining height in one specific instance where construction would be unreasonably delayed waiting for an amendment to the Code. Specific wording to amend the Code will be discussed with the Community Development Board in the near future with an anticipation of submitting some wording changes for the Commission to consider on this issue in the future.