Commission Limits Bulkhead Request

Two Quasi-judicial hearings complete with high tech video recording dominated the proceedings of the February 21 Cedar Key Commission meeting. The first hearing addressed a request by Chris Topping to build a bulkhead to protect his house on Air Port Road. In the second hearing, Joseph Vermeren asked for reversal of Building Official Bob Niffenegger decision regarding moving a house onto a small lot on State Highway 24. Other agenda items included a proclamation establishing May 2, 2006 as election day, reports by Commissioner Pat O'Neal, an appointment to the Historical and Architectural Review Commission and first reading of an ordinance.

Chris Topping came before the Commission to ask permission to build a 125 foot bulkhead between his house and the north end of Goose Cove. Wave action during Hurricane Dennis precipitated concern for the safety of the structure. Building Official Niffenegger testified to the absence of pilings under the house and the attendant danger to the structure, adding that there is no need for a 125 foot long bulkhead. He also said that the top of a bulkhead must not be higher than the current level of the soil and that rip rap would need to be put in seaward of the bulkhead. Topping replied that he would not do retrofit pilings if denied permission to build a bulkhead. Only one neighbor expressed concerns about the effect of a bulkhead during the public comment period. However, several neighbors had contacted the Commissioner with concerns prior to the meeting. The Commissioners agreed that the bulkhead could be build if limited to no more than five feet beyond the slab under the house and at ground level. Furthermore, Topping will be required to obtain an engineering report verifying that the bulkhead will provide substantial protection and proof that the project is according to their requirements. Commissioner Heath Davis commented that rip rap is a joke in that it does not provide protection, and that pilings need to be installed. Following the meeting Topping told Cedar Key News that he was pleased with the outcome.

Joseph Vermeren represented himself in his request to have reversed Building Official Niffenegger refusal to let him move a twenty foot wide house onto a small lot on State Highway 24. He cited verbal but undocumented approval by a former Building Official. He had replatted the lot at the Levy County Court House, but had not cleared the replat as required by Cedar Key regulations. Commissioner O'Neal pointed out the hearsay aspect of the alleged verbal approval. During Vermeren's rebuttal of Niffenegger's testimony he responded to and repeated an aside made by Niffenegger during his rebuttal. Mayor Oliver restored order. The Commission was unanimous in support of Niffenegger's decision.

The Commission unanimously approved on first reading an ordinance to require bathroom facilities in the Marina. Commissioner O'Neal requested mileage and registration fees for an anticipated trip to a Hurricane Conference. He also proposed a retreat by the Commission for planning five to twenty years into the future. The public will be welcome to attend the retreat, but will have limited opportunity to participate. The retreat's relationship to the planning charrette held two years ago was not made clear. The Commission appointed Ada Lang to a vacant position on the Historical and Architectural Review Board.