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File #: 23-1401A    Version: 1
Type: Zoning / Land Use and Related Item Status: Regular Agenda
File created: 9/1/2023 Department: Public Works
On agenda: 10/17/2023 Final action:
Title: Request for a public hearing to appeal the issuance of County Dock Permit No. WND-20-00231REV for 106 Harbor Drive, Palm Harbor.
Attachments: 1. Dock Permit Application No. WND-20-00231REV, 2. Notice of Appeal - Amended, 3. Permit - Issued 5/18/2021, 4. Vicinity Map, 5. 090822 Permit App (002), 6. Cole Law Firm Cover Letter - RE Contents on Flashdrive, 7. Affidavit - Linda Feinstein - Executed, 8. Amended Appendix to Amended Petition for Writ of Certiorari_FINAL (09-22-21), 9. Approved Permit Drawing (May 2022), 10. BCC_WaterNavPermit_2_20230428_121006 (002), 11. Cantilevered Boat Lift (Current), 12. Email - Mackesey (04-28-23), 13. Mandate, 14. Notice of Appeal - Exhibit A, 15. Notice of Appeal - Exhibit B, 16. Notice of Appeal - Exhibit C, 17. Notice of Appeal - Myrback - Donovan Dock (05-26-23), 18. Opinion (Rendered 08-03-22), 19. Pending Permit Drawing I (September 2022), 20. Pending Permit Drawing II (September 2022), 21. Permit 1971 (WND-H-2049-71), 22. Permit 1989 (WND-H-16910-89), 23. Permit 2001, 24. Permit 2022 Application, 25. Petition for Writ of Certiorari - E-Filed, 26. PWC Deck Lift Example, 27. Reply Brief - Filed, 28. Response Brief - Donovan, 29. Response Brief - Pinellas County, 30. Revised Form_Variance page (002), 31. WND-20-00231REV Approved Plan with Conditions (002), 32. Item No 30 - Citizen comment cards, 33. Registered Public Speakers for the Board of County Commissioners Meeting - Public Comment Sign Up
Related files: 23-1789A

Subject:

Title

Request for a public hearing to appeal the issuance of County Dock Permit No. WND-20-00231REV for 106 Harbor Drive, Palm Harbor.

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Recommended Action:

Recommended Action

Recommend consideration of the Myrback’s (Appellants) request for a public hearing to appeal the issuance of County Dock Permit No. WND-20-00231REV for 106 Harbor Drive, Palm Harbor (Subject Property).

 

                     James Donovan applied for a Permit revision to construct a private dock with a boat lift at the Subject Property.

                     County Water and Navigation Staff issued Permit WND-20-00231REV on April 28, 2023.

                     Appellants own property at 104 Harbor Drive, a single-family residence located south of the Subject Property.

                     Appellants filed a request to appeal the issuance of said Permit on May 26, 2023, and subsequently an amended notice on June 1, 2023, in accordance with County Code, Section 58-536(b) - Appeals, citing concerns with misinterpreting code; as well as impacts to view and riparian rights.

 

County Dock Permit Application No. WND-20-00231REV.

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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 Dock Permit WND-20-00231REV on April 28, 2023. Section 58-536(b) of the Code provides thirty (30) days for appeals where the appellant(s) must state the grounds upon which staff have erred in its findings. The Board of County Commissioners (Board) may grant or deny a public hearing to determine whether Staff erred in granting the permit. Staff have reviewed the appeal and issues raised by the Appellants and finds issuance of the permit was appropriate.  The Appellants wish to petition the Board to hold a public hearing to determine whether Staff erred in granting the permit.

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Background Information:

James Donovan, property owner at the Subject Property, applied for a Permit revision to construct a single-family dock with a boat lift. Staff issued the revised permit on April 28, 2023.  On May 26, 2023, Staff received an email from the Appellants legal representative requesting an appeal of the Permit, and an amended appeal on June 1, 2023, outlining how this project is inconsistent with multiple sections of the County Code.

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Kelli Hammer Levy, Director, Public Works

 

Partners:

The Myrback’s

 

Attachments:

Dock Permit Application No. WND-20-00231REV
Notice of Appeal - Amended
Permit - Issued 5/18/2021
Vicinity Map