Subject:
Title
Appeal by Brian and Lori Myrback of the issuance of County Dock Permit No. WND-20-00231REV granted to Dr. James P. Donovan for a dock and boat lift at 106 Harbor Drive, Palm Harbor, 34683.
label
Recommended Action:
Recommended Action
Recommend denying Brian and Lori Myrback’s appeal of the issuance of County Dock Permit No. WND-20-00231REV (Subject Permit) granted to Dr. James P. Donovan for a dock and boat lift at 106 Harbor Drive, Palm Harbor, 34683 (Subject Property).
• The Subject Property is owned and resided at by Dr. Donovan. The Myrbacks own and reside at the property to the immediate south at 104 Harbor Drive. Both homes affront St. Joseph Sound to the west.
• The Myrbacks 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.
• The BCC granted the Myrbacks petition for hearing on October 17, 2023, causing this public hearing to be scheduled.
• Water and Navigation staff have consulted with the County Attorney’s Office on this matter and is confident that the Subject Permit was properly issued.
Body
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 Myrbacks seek to overturn the Subject Permit on numerous procedural and substantive grounds, detailed in the attached (amended) “Notice of Appeal” dated June 1, 2023. Their position is summarized as follows: Any part of the dock or boat lift extending outside the center one-third of the Subject Property’s waterfront width must either a) match a previous permit for the Subject Property granted in 2001 (the “2001 Permit”) or b) receive a variance from the BCC or the Board of Adjustment and Appeals (BOA). The Myrbacks primary concern is that a larger vessel can now utilize the boat lift due to removal of a “stub out” in front of the boat lift shown in the 2001 Permit.
Water and Navigation Regulations do not dictate the size or type of vessels that utilize docking facilities or require permits for removal of docking facilities. The stub out was approved by a prior variance authorized because a previous neighbor provided a signature of no objection in the 2001 Permit. The removal of the stub out structure is compliant with the code. Most of the stub out was removed in 2007, long before Dr. Donovan obtained the Subject Property.
Body
Background Information:
The 2001 Permit authorizes a 42.5-foot-long dock at the Subject Property. Additionally, the 2001 Permit authorizes a boat lift on the south end of the dock 25 feet from the seawall. The southwest piling of the boat lift (the closest piling to the Myrbacks property) is 4.79 feet from the Myrbacks extended property line. The 2001 Permit depicts a 15 feet x 5 feet “stub out” from the dock abutting the north end of the boat lift.
The stub out, boat lift, and a part of the dock reflected in the September 2001 Permit vary from County Code Section 58-555(b)(2), which requires that single-family docking facilities be constructed within the center one-third of a permittee’s waterfront property (or 50 feet from the adjacent property, whichever is less restrictive). However, compliance with 58-555(b)(2) may be (a) waived where the encroached upon neighbor(s) provides a signature of no objection or (b) excused via variance from the BCC or BOAA per 58-539(b). The predecessor owners to the Myrbacks provided a signature of no objection on the September 2001 Permit, thereby allowing the variance to 58-555(b)(2). Notably, aerials show that most of the stub out was removed by Dr. Donovan’s predecessor in interest around 2007. The small remaining part of the stub out was removed by Dr. Donovan sometime after the 2021 BOAA Hearing discussed in the paragraph below.
In May 2021, the BOAA granted a variance to allow the dock to be expanded by 8 feet to 50.5 feet (a variance of 7.8 feet from the maximum permittable length of 42.7 feet under 58-555(b)(1)); this variance was not appealed. At the same hearing, the BOAA granted a variance allowing the boatlift to shift 6 feet seaward; this variance was successfully appealed by the Myrbacks. Therefore, Staff ultimately issued the Subject Permit reflecting (a) the elongated dock (to 50.5 feet) in accordance with the 2021 BOA Variance and (b) the boat lift in the same location reflected in the 2001 Permit. Significant to the Myrbacks appeal and discussed further in the “Summary” provided above, the Subject Permit does not reflect the stub out. In addition to the missing stub out, the Myrbacks allege several other deficiencies with the Subject Permit.
Fiscal Impact:
N/A
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
None
Attachments:
Dock Permit Application No. WND-20-00231REV
Notice of Appeal - Amended
Staff PowerPoint
Permit - Issued 5/18/2021
Approved Plan with Conditions - 04/28/2023
Vicinity Map