MINUTES CITY OF INDIAN ROCKS BEACH BOARD OF ADJUSTMENTS AND APPEALS

MINUTES CITY OF INDIAN ROCKS BEACH BOARD OF ADJUSTMENTS AND APPEALS The Regular Meeting of the Indian Rocks Beach Board of Adjustments and Appeals was held on, at 7:00 p.m., in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Present: Absent: Board Member Rick Alvarez Board Member Lynn Johler Vice Chair Waldemar Clark, Jr. Chair Jim Labadie Board Member Phil Guinand nd 2 Alternate Board Member Art Torre Planning & Zoning Director Danny Taylor st 1 Alternate Board Member John Letvin, II - RESIGNED 1. ELECTION OF: a. Chairperson b. Vice Chair MOTION MADE BY VICE CHAIR CLARK, SECONDED BY BOARD MEMBER ALVAREZ, TO REAPPOINT CHAIRPERSON LABADIE AND VICE CHAIR CLARK. ROLL CALL: ALVAREZ JOHLER CLARK LABADIE GUINAND UNANIMOUS APPROVAL. 2. APPROVAL of the February 16, 2010 Minutes. Board Member Johler observed that Richard Smith was indicated on the minutes as a Board Member and excused, and questioned if Mr. Smith was a Board Member at that time. Planning & Zoning Director Taylor noted Board Member Johler s observation. Page 1 of 12

MOTION MADE BY VICE CHAIR CLARK, SECONDED BY BOARD MEMBER GUINAND, TO APPROVE THE FEBRUARY 16, 2010 MINUTES WITH BOARD MEMBER JOHLER S NOTATION. ROLL CALL: ALVAREZ JOHLER CLARK LABADIE GUINAND UNANIMOUS APPROVAL. 3. RESOLUTION NO. 2010-44/BOA CASE NO. 2010-05. A special exception request by Bougain Villas On The Bay LLC, 2207 Bay Boulevard, to install eight docks with nine individual boat slips. The subject property is located in an RM-2" Medium Density Residential zoning district. BACKGROUND: The buildings on this property were originally built in the early 70 s and recently have been renovated by the owner. There are three buildings with a total of 18 units (9 two-bedrooms and 9 one-bedroom). Mr. Gardella is requesting 9 slips to accommodate the 18 condo owners. The number of docks permitted per Section 94-86(b)(1) [multi-use and multi-family] is one dock and two slips per 50 feet of waterfront. The length of waterfront at this location is 134 feet which would allow 2 docks and 4 boat slips. This is a request for eight docks and nine slips. The proposed dock facility sits within an envelope 50 feet in length measured perpendicular from the seawall and 97 feet in width running parallel to seawall. The length of the docks depicted in the proposal extend 35 feet perpendicular from the seawall. The dock facility maintains a 12 foot setback from the extended property lines on both sides. Owner: Representative: Location: Zoning: Property Size: Waterfront Length: Dock Side Setback: Current Use: Bougain Villas on the Bay, LLC David Gardella, Bougain Villas on the Bay LLC 2207 Bay Boulevard, Indian Rocks Beach RM-2 (Medium Density Residential) 17,864 square foot 134 feet of waterfront 12 feet from property line Condos SURROUNDING USES, LAND USE AND ZONING: Page 2 of 12

Direction Existing Use Zoning Category North Residential RM-2 East Harbor South Residential RM-2 West Vacant RM-1 APPLICABLE CODE SECTIONS: Sec. 2-148. Powers and Duties. (2) Hear and recommend special exception uses to the terms of subpart B. Sec. 2-150. Approval of Special Exception Uses. (a) The Board of Adjustments and Appeals shall hear special exceptions, decide such questions as are involved in determining if special exceptions should be granted, and recommend special exceptions with appropriate conditions and safeguards or recommend to deny special exceptions when not in harmony with the intent and purpose of this chapter. (b) In recommending the granting of any special exception, the Board shall find that such grant will not adversely affect the public interest. Such decision shall be reached only after receipt of a written report from the Community Development Director and a public hearing. Failure of the Community Development Director to submit a written report within 30 days after a referral from the board shall be deemed as an approval of the application by the Community Development Director. (c) In considering the application for a special exception, the Board must and shall find that the use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic expected to be generated, its relationship to land values, its site, building size, setbacks, and other factors that may be used to measure compatibility, and that the land or building area is adequate for the operation of the use and does not detract from the scale of surrounding areas. (d) In recommending the granting of any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with Subpart B. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of Subpart B. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed or both. Page 3 of 12

Sec. 110-151. Applicability. (b) The zoning schedule of use controls in this division shall be deemed controlling, and the schedule sets forth the minimum requirements required in each zoning district. No use, structure, building, accessory use, special exception use, setback requirement or density requirement shall be permitted in violation of schedules in this division unless authorized by the board of adjustments and appeals in accordance with the lawful exercise of its powers as defined in Section 2-148. Sec. 94-86. Number and Location; Width; Permitted Structures. (b) Multi-use dock and commercial dock: (1) Multi-use multi-family or commercial docks shall be permitted one dock and two slips with two lifts per 50 feet of waterfront. Any additional docks will require a special exception where the number of slips cannot exceed the number of constructed units. Size of each dock facility shall be a maximum envelope of 50 feet in length and 35 feet in width. In all cases the slips, boats, boat lifts, docks, catwalks, lower landings, platforms, tiepoles and personal watercraft lifts shall be 12 feet from the side property line as extended into the water. Site plans for new development or changes to an existing multi-use private (multifamily lots) or commercial docks facilities shall be require to be submitted to the City for approval prior to the issuance a dock permit. A uniform configuration of the dock facilities is required. In the case of a multi-use private dock facility, the required dock permit applications shall require the signature of the appropriate authority of the condominium and/or homeowners association or a letter of authorization from the appropriate authority. ANALYSIS AND REVIEW CRITERIA Sec. 110-101. Special Exception Uses. A building permit for a special exception use may be issued by the building official only after review by the building official and upon the order of the Board of Adjustments and Appeals, which must and shall find each of the following: (1) The use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic expected to be generated, its relationship to land values, its site and building size and setbacks and other factors that may be used Page 4 of 12

to measure compatibility. Other docks are found along this section of Bay Boulevard. (2) The land or building area is adequate for the operation of the use and does not detract from the scale of surrounding uses. The buildings contain 18 condominiums. (3) Parking problems will not be created. The proposed docks will be owned by the condominium association on the western side of Gulf Boulevard, where parking will be provided. (4) Unusual traffic hazards will not be created, and excessive traffic will not be generated on residential streets. There is no indication that any unusual hazards or excessive parking will result with the construction of the proposed docks. (5) Any nuisance or hazard incidental to the special exception will be adequately separated and buffered from surrounding areas. There is nothing to suggest that there will be any nuisances or hazards generated by the docks. (6) The special exception use is specifically included as an allowable type of use in the schedules set forth in this chapter. Docks in the RM2 zoning district may be considered accessory or customarily incidental to the principal use. (7) The special exception use is allowed pursuant to, and does not conflict with, the City's Comprehensive Plan. The Comprehensive Plan identifies this area as medium density residential. PUBLIC NOTICE REQUIREMENT: A notice was mailed by first class mail to the property owners within one hundred and fifty feet in any direction of the subject property on July 2, 2010 and was posted on the subject property on July 2, 2010, per Section 2-149 of the Code of Ordinances. PUBLIC CORRESPONDENCE: No correspondence was received. Planning & Zoning Director Taylor reviewed the PowerPoint presentation regarding Resolution No. 2010-44/BOA Case No. 2010-05, from applicant, David Gardella, which is a special exception to allow eight docks with nine individual boat slips on 134 feet of water frontage, which would otherwise allow two docks and four slips. Page 5 of 12

Chairperson Labadie asked the applicant to speak and advised the applicant the Board provides recommendations to the City Commission and is not a binding Board; the Board s recommendation is not the final decision and goes to the City Commission for final approval. Planning & Zoning Director Taylor advised anyone wishing to speak to state their name and sign the register at the podium. Applicant David Gardella, 2207 Bay Boulevard, stated all 18 units have undergone extensive renovation in the past 18 months and all have new tenants who have requested access to boat slips. Mr. Gardella stated the description of the docks in the presentation is 8 docks with 9 boat slips ; however, as indicated by the diagram, it is one oversized dock with 9 boat slips. There are 18 units and 9 slips are being requested and the dock and slips are within the required box dimensions. Chairperson Labadie asked for any questions from Board Members. Board Member Guinand inquired if the reason for pushing off the second set of slips is to allow two slips or is it due to depth. Mr. Gardella responded the attempt was made to get a total of 9 slips without exceeding 50 feet in distance from the seawall; therefore, 2 were situated off the seawall cap and only 7 could be situated on the outside off the bulkhead. Vice Chair Clark inquired if the dock was close to the seawall, how could a boat maneuver docking there. Mr. Gardella stated it is a 13-foot wide slip and a boat would have to come around the tie poles on either the south or north slip, and there should not be a problem docking, either bow or stern, as there is ample depth close to the seawall for an 18 or 20 foot boat. Chairperson Labadie stated he visited the property on July 16, 2010, and it appears the depth close to the seawall is sufficient. He noted the existing tie poles and inquired what are the plans for those tie poles. Mr. Gardella responded everything out there will be removed and all new pilings and structure will be built. Chairperson Labadie observed the slips will not be suitable for large boats, but will be suitable for medium, runabout-type boats. He inquired if the dock/slips will be under the control of the condominium. Page 6 of 12

Mr. Gardella responded that technically that is the way it was set up when the property was built; however, there are no plans to use it for anything other than annual rentals, which is what it is now. Chairperson Labadie verified the slips will not be individually owned. Mr. Gardella stated he is the third owner, and it will remain as is one owner for the entire property. Chairperson Labadie stated his concern is for the issue of parking trailers. Mr. Gardella stated the lots over the SR688 bridge will have to be utilized as there is no space at the property for storage and will be part of the requirement. Chairperson Labadie stated a trailer is allowed in the front yard according to City Code; however, parking is an issue at this property. Board Member Johler disclosed that the applicant was her realtor several years ago, and she also visited the property, and inquired if there was enough room to maneuver out and around if the neighboring larger boats are in their slips. Mr. Gardella stated there should not be a problem as the driver would come straight in and out. He stated the neighbor on the south side did not have any problem with the plan. Vice Chair Clark stated the only problem would be for the boats docked in the slips at the seawall. Mr. Gardella stated those slips would, in all probability, be utilized for wave runners or similar watercraft as larger boats would be docked where the width is 13 feet. Board Member Johler referred to Code Section 110-101, Special Exception uses, Parking Problems will not be created, and stated the response does not apply to this case. Chairperson Labadie requested Planning & Zoning Director Taylor to read that section. Planning & Zoning Director Taylor read as parking problems will not be created. The proposed docks will be owned by the condominium association on the western side of Gulf Boulevard where parking will be provided. He continued the parking that they have is related to the condominium, the special Page 7 of 12

exception criteria is related to vehicular park in the opinion of the Planning & Zoning Director. Chairperson Labadie clarified that it is not on the west side of Gulf Boulevard. Mr. Gardella stated parking is acceptable along the street; however, not on the lot where the signs are posted. Chairperson Labadie asked if anyone wished to speak in opposition to this request. Cor VanHammond (phonetic), 2211 Bay Boulevard, stated he is representing the owner, M & P Properties, who have the following concerns: parking; obstruction of view; type of tenants and the turnover; number of slips would be similar to a marina where the slips are rented for revenue thereby creating a parking problem; pump out facilities are always out of order and inquired about the effect on live-aboards; there would be an increase in boat traffic in the basin and currently it is not posted no wake ; and advised researching what percentage of the tenants use the slips; and the entry for the other 2 slips would encroach on the 12 feet of water space. Mr. VanHammond stated if the structure came right off the seawall, it would be more acceptable and would not obstruct the view. Fred Regina, 2207 Bay Boulevard, stated he is a tenant at Bougain Villa and a boat owner and yacht club member. He expressed a favorable opinion of the proposed dock. Karin White, 2207 Bay Boulevard, stated she is also a tenant and stated that Mr. Gardella has made a tremendous effort in changing the type of tenant and stated the current tenants participate in taking care of the property. Ms. White stated the slips are not going to be rented out and are only for the tenants use. th Ralph Frizzle, 312-16 Avenue, stated he served on the Intracoastal Waterway Ad Hoc Committee, is a boat owner and waterfront property owner. He stated his concerns as: does the dock meet handicap standards because of its narrow width; and Page 8 of 12

does the dock have provisions for safety, i.e. drop ladders or safety rings. Mr. Frizzle also questioned the wording of eight docks with nine individual slips and requested an explanation. Mike White, 2207 Bay Boulevard, stated he is a tenant and also has owned boats, and stated his support for Mr. Gardella and the improvements that have been made. Chairperson Labadie asked for clarification of issues that were raised by the various speakers. Mr. Gardella stated he had no problem installing a drop-down ladder for safety purposes. He further stated the width of each dock finger is 2 feet; the walkway straight out is 5 feet and the walkway to get to the finger piers is 4 feet. He further stated that a sidewalk is 3 feet wide and the dock walkways are 4 feet and 5 feet wide. Board Member Guinand also stated a concern that was voiced was the intended use of the slips, i.e. renting versus tenants use. Mr. Gardella stated there was tenant interest and demand for boat access and the one common dock that was originally there was not accommodating the tenants desire. He stated that he expects to rent to 50% of the tenants with boats. He stated a fee schedule will be determined as the cost of the dock is approximately $60,000 to $70,000. Chairperson Labadie verified that Mr. Gardella will be in charge of renting the slips and noted that although he may rent slip to a tenant, that tenant may rent to someone else and Mr. Gardella would not know who that boat belonged to. Mr. Gardella stated he and his wife manage the property personally and any boats will need to be registered to the tenant. Chairperson Labadie closed the public hearing and requested discussion by Board Members. Vice Chair Clark stated that the configuration could be one dock and two slips or three docks with six slips or include in the special exception that trailers shall not be stored on the property and the slips should not be rented by anyone other than the tenant of record. Page 9 of 12

Board Member Alvarez stated his view is that it is one continuous dock with nine slips. Board Member Johler stated she would like to see less than nine slips; possibly getting rid of the two slips up against the seawall and stated she felt the stated concerns were valid. Board Member Guinand inquired if conditions can be included. Planning & Zoning Director Taylor responded affirmatively, and stated if Board Members wished to add further restrictions, the Board can make those recommendations. Chairperson Labadie stated his concern for the width of the walks at 2 feet and stated his preference for wider walks, and fewer slips. He suggested removing the two end pieces. He then illustrated his preference away from the dais. Board Member Guinand expressed his concern for the interior slips and maneuvering a boat amid weather conditions; and stated his approval for the width of the slips which can manage the size of the boat that can be docked. He continued if the outside piece is removed, that would be a fair compromise or pulling the entire dock in so there are no inside slips. Board Member Alvarez stated his concern for safety. Mr. Gardella addressed the Board s suggestions regarding width and the removal of the two and stated he met with City staff numerous times. The dock cannot be any closer than 12 feet on either property line. If it is kept within the box, 18 slips are allowed because there are 18 units; and only 9 slips are being requested. He stated the southern neighbor s boat is situated right on the property line, and this dock should not be negatively impacted because that makes it tighter to get to the slips. He continued that the design is situated 12 feet from the property line and 12 feet on the north side, both according to City Code. One property owner on one side is right on the property line with no setbacks from the property line and the other property owner is within 12 feet of the property line. He continued this dock is where it is supposed to be and the reason for the special exception is that it represents the most amount of units on the Intracoastal Waterway in Indian Rocks Beach for a rental building, therefore, special consideration is being requested. He restated to the Board Members the dock was designed within the City s requirements in order to put 9 slips there. Page 10 of 12

Chairperson Labadie clarified that if the dock was being built according to City Code at present, there would be two docks and four slips; and clarified the special exception is required because the plan does not fit City Code. Mr. Gardella stated he is fitting the dock within the box that he was supposed to in order to eliminate any encroachment. Chairperson Labadie closed the discussion and requested a vote. He inquired of Planning & Zoning Director Taylor how the vote should be done. Planning & Zoning Director Taylor stated the vote should be up or down as the minutes of the meeting will be provided to the City Commission. MOTION MADE BY VICE CHAIR CLARK TO MAKE A FAVORABLE RECOMMENDATION TO APPROVE THE SPECIAL EXCEPTION OF THREE DOCKS WITH SIX SLIPS. MOTION DIED FOR LACK OF A SECOND. MOTION MADE BY BOARD MEMBER JOHLER TO MAKE AN UNFAVORABLE RECOMMENDATION TO THE CITY COMMISSION TO APPROVE THE SPECIAL EXCEPTION AS PRESENTED, SECONDED BY VICE CHAIR CLARK. ROLL CALL: ALVAREZ NO (VOTE TO APPROVE) JOHLER CLARK LABADIE GUINAND THE MOTION TO DENY PASSED ON A VOTE OF 4-1 WITH BOARD MEMBER ALVAREZ DISSENTING. Chairperson Labadie inquired when this item will be heard before the City Commission. Planning & Zoning Director Taylor responded that it will come before the City Commission during their August 25, 2010 Meeting. 4. ANY OTHER BUSINESS. None. 5. ADJOURNMENT. Page 11 of 12

MOTION MADE BY BOARD MEMBER ALVAREZ, SECONDED BY VICE CHAIR CLARK, TO ADJOURN THE MEETING AT 7:50 P.M. ROLL CALL: ALVAREZ JOHLER CLARK LABADIE GUINAND UNANIMOUS APPROVAL. Date Approved Jim Labadie, Chairperson Page 12 of 12