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File #: 23-1788A    Version: 1
Type: Zoning / Land Use and Related Item Status: Withdrawn
File created: 11/3/2023 Department: Board of County Commissioners
On agenda: 12/12/2023 Final action: 12/12/2023
Title: Appeal by Mark and Debra Colburn of the issuance of County Dock Permit No. WND-22-00252 granted to Rostam Holding, LLC for a residential multiuse six-slip dock at 1605 Pass-a-Grille Way, St. Pete Beach, 33706.
Attachments: 1. Appeal E-Mail, 2. Staff Presentation, 3. Field Report, 4. Dock Permit Application and Approved Plan, 5. Vicinity Map, 6. Rostam Holdings Sunbiz
Related files: 23-1373A

Subject:

Title

Appeal by Mark and Debra Colburn of the issuance of County Dock Permit No. WND-22-00252 granted to Rostam Holding, LLC for a residential multiuse six-slip dock at 1605 Pass-a-Grille Way, St. Pete Beach, 33706. 

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Recommended Action:

Recommended Action

Recommend denial of the appeal of the issuance of County Dock Permit No. WND-22-00252 (Subject Permit) granted to Rostam Holding, LLC for a residential multiuse six-slip dock at 1605 Pass-a-Grille Way, St. Pete Beach, 33706 (Subject Property).

 

                     The Subject Property is owned by Rostam Holdings and consists of apartment units. The Colburns own and reside at a property several blocks to the north at 1803 Pass-a-Grille Way Harbor Drive.  They also own a vacant lot to the north of the Subject Property at 1701 Pass-a-Grille Way.

                     The Colburns timely filed a petition for a public hearing to the Board of County Commissioners (BCC) to appeal the Subject Permit on numerous procedural and substantive grounds.

                     BCC granted the Colburns’ petition for a hearing on October 17, 2023, causing this public hearing to be scheduled.

                     Water and Navigation Staff consulted with the County Attorney’s office and is confident that the Subject Permit was properly issued. Procedural issues cited by the appellants were resolved during the permitting process and substantive concerns regarding boat traffic and environmental impacts were deemed not to have any merit per staff field report.

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Strategic Plan:

Deliver First-Class Services to the Public and Our Customers
5.3 Ensure effective and efficient delivery of county services and support.
5.4 Strive to serve the needs of all Pinellas County residents and customers.

 

Summary:

Summary

The Colburns seek to overturn the Subject Permit, which authorizes a multifamily residential dock with six (6) boat slips, on numerous procedural and substantive grounds.  The Colburns’ arguments are listed in the attached “Appeal E-Mail” dated April 26, 2023. 

Procedurally, the Colburns allege that the Subject Permit Application is incomplete (i.e. lacking information required under the County Code).  These alleged deficiencies either didn’t apply or were resolved during permit review.  Moreover, the property owner (including its counsel and engineer) will be present at the Public Hearing to address any of these alleged procedural deficiencies on the record.  

Substantively, the Colburns primary concern appears to be impact on vessel congestion, water quality, and the West Indian Manatee.  Staff is confident that these substantive contentions have no merit (see attached Staff Field Report). 

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Background Information:

Currently at the Subject Property, there is a dock that is 510 square feet with one (1) boat slip.  The existing dock and boat slip were properly permitted by Staff in February 1992 and serve the apartment tenants that reside at the Subject Property. 

The Subject Permit, which was issued to Rostam Holding, LLC on March 27, 2023, authorizes a dock that is 735 square feet with six (6) boat slips and lifts.  Like the existing dock and boat slip, the proposed dock and boat slips will serve the apartment tenants at the Subject Property. 

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Kelli Hammer Levy, Director, Public Works

 

Partners:

City of St. Pete Beach

 

Attachments:

Appeal E-Mail
Staff PowerPoint Presentation
Field Report
Dock Permit Application and Approved Plan
Vicinity Map
Rostam Holdings Sunbiz