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File #: 24-1870A    Version: 1
Type: Contract/Agreement Status: Regular Agenda
File created: 10/15/2024 Department: Public Works
On agenda: 11/19/2024 Final action:
Title: Request for a public hearing to appeal the issuance of County Dredge and Fill Permit No. WND-24-00077 for 106 Harbor Drive, Palm Harbor.
Attachments: 1. Permit, 2. Vicinity Map, 3. Notice of Appeal - Myrback - Donovan Dredge Permit (08-16-24)
Related files: 23-1401A, 23-1789A

Subject:

Title

Request for a public hearing to appeal the issuance of County Dredge and Fill Permit No. WND-24-00077 for 106 Harbor Drive, Palm Harbor.

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Recommended Action:

Recommended Action

Recommend consideration of the Myrbacks’ (Appellants) request for a public hearing to appeal the issuance of County Dredge and Fill Permit No. WND-24-00077 (Permit) for 106 Harbor Drive, Palm Harbor (Subject Property).

 

                     Dr. James Donovan applied for a Permit to dredge (sovereign) submerged lands that surround the private dock and boat lift at the Subject Property.

                     County Water and Navigation Staff issued the Permit on July 19, 2024.

                     Appellants own and reside at the property located at 104 Harbor Drive, Palm Harbor, which is immediately south of the Subject Property.

                     Appellants timely filed a request to appeal the issuance of said Permit on August 16, 2024, in accordance with County Code Section 58-536(b) - Appeals, citing environmental concerns.

 

County Dock Permit Application No. WND-24-00077.

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Strategic Plan:

Practice Superior Environmental Stewardship
3.2 Preserve and manage environmental lands, beaches, parks, and historical assets
3.3 Protect and improve the quality of our water, air, and other natural resources.

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

Staff issued the Permit on July 19th, 2024. Section 58-536(b) of the Code provides thirty (30) days for aggrieved parties to appeal the Permit. The Myrbacks timely appealed the Permit. The Board of County Commissioners (Board) must vote to decide if it wants to hear the Appellants’ appeal at a public hearing. Should the Board vote to hold the requested public hearing, Staff proposes that it be scheduled for December 17, 2024, at 6:00 P.M. Staff reviewed the Myrbacks’ appeal and is confident that the Permit was properly issued.

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Background Information:

Dr. Donovan applied for the Permit on January 24, 2024. Staff asked Dr. Donovan to modify the application to avoid seagrass impacts; Dr. Donovan agreed to
modify and reduce the dredge footprint. Staff issued the Permit on July 19th, 2024. The Myrbacks appealed the Permit on August 16, 2024.

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Kelli Hammer Levy, Director, Public Works

 

Partners:

N/A

 

Attachments:

Permit
Vicinity Map

Notice of Appeal