Board of Adjustment and Appeal

) PRESENT: ABSENT : CITY OF DUNEDIN, FLORIDA BOARD OF ADJUSTMENT AND APPEAL REGULAR MEETING OF WEDNESDAY, JUNE 21, 2023 DUNEDIN CITY HALL- 737 LOUDEN AVENUE- 3:00 P.M. Chair Patricia Morea , Vice-Chair Michael Costello, Member Sheri Schneider, and Alternate Member Jack Greenfield Kathleen Sands Martin, Lorne Schinbein , and Alternate Member Linda Boosinger ALSO PRESENT: Assistant City Attorney Hillary Ryan , Community Development Assistant Director Joseph DiPasqua , Community Development Business Manager Joan McHale and five attendees . CALL TO ORDER Chair Morea convened the meeting at 3:00 p.m. She advised the Board of Adjustment and Appeal (BAA) is a quasi-judicial body and certain procedures must be followed by the Board and persons appearing before it. The purpose of this meeting is to provide applicants the opportunity to present cases for review by the Board of Adjustment and Appeal. The BAA is responsible to determine if such applications comply with City regulations . This meeting is open to the public and all persons present for this hearing have the right to voice their views regarding the applications being considered by the Board. If the competent and substantial evidence before the Board does not meet the necessary standards set out in the Code, the BAA has no recourse but to deny the request. Decisions made by the Board are final and may only be appealed to a court. When the Board votes to approve or deny the application , the vote of the Board is the rendition of an order on the application . It is the responsibility of the parties to create and preserve a transcript of the proceedings . In the case of a full board not being present , the applicant has the opportunity of postponing the case until a full board is present. If the applicant wishes to proceed with an even-numbered board , a tie vote constitutes denial of the application . The format for this meeting is as follows : 1. The chair will inquire of the board as to any voting conflict or ex parte communication . 2. Any members of the audience desiring to testify (applicant, owner , representative , and City staff) will be sworn in prior to each case being heard. 3. The chair will introduce each item on the agenda . 4. The City representative will present the City's case regarding each application . 5. Members of the board may inquire as to the City representative 's presentation of each case . 6. The owner/applicant will be given an opportunity to make their presentation to the board and respond to the City representative 's presentation . 7. Anyone in the audience may come forward to testify regarding the application. 8. Any person who has testified may ask questions of a person who has testified . 9. The applicant will have an opportunity to rebut or respond to opponents' testimony . 10 . The City will have an opportunity to summarize the City's position . 11 . The board will discuss the application and vote . 23-1

Regular Meeting June 21, 2023 Board of Adjustment and Appeal Business Manag er McHale swore in Commun ity Development Director George Kinney , Community Development As sistant Director Joseph DiPasqua , and all those members of the public wishing to speak . Chair Morea noted there was an even -numbered Board present and the applicant's representative , Jim Pinc iotti, ad vised the applicant chose to move forward with the even number of members present. APPROVAL OF MINUTES Approve Draft Minutes from April 19, 2023, BAA Meeting Chair Morea introduced the agenda item and inquired if anyone had any corrections , additions, or deletions to the minutes . Hearing no further comments, Chair Morea asked for a motion . MOTION: Motion was made by Mr. Costello and seconded by Ms . Schneider to approve the April 19 , 2023, BAA minutes . VOTE: Motion carried unanimously . 1. BUSINESS 1.a. Application BAA 23-2C - Applicant is requesting a Conditional Use Permit (CUP) from the BAA fo r a new multi use private dock on the condominium common area at 2667 1/2 St Joseph' s Drive E. Chair More a introduced the agenda item . Staff Presentation Community Development Assistant Director DiPasqua provided the staff report and referred to the aerial photograp hs provided to orient the Board to the location of the subject property , as well as surveys and site plans. APPLICATION INFORMATION Owner : Coconut Villas of Dunedin Condominium Association , Inc . Appl ican t: Tampa Dock & Seawall Rep resentatives : Matt Miller or Jim Pinc iotti Pe titi on/Request: The owner/applicant is seeking a conditional use permit to bu ild a multiuse private dock at the subject property in the "MP " (Marine Park) zon ing district pursuant to section 103-23.3 .6.5 of the Land Development Code (LDC) . PROPERTY INFORMATION A. General Tax Parcel No: 15-28 -1 5-1 6887 -000-0001 Property Size :0.49 acres or 21 ,344 square feet (MOL) Land Use Pl an: Residential Medium (RM) Zoning District: Multifam ily Residential (MF-15) All residential and commercial boat docks are located within the Marine Park (MP) zoning district. Existing Use: Multifam ily Residential (Condominium) Flood Zone: Zone AE (E L 10 Feet) , Zone AE (EL 11 Feet) 23-2

'I Regular Meeting June 21, 2023 Surrounding Zoning & Uses Board of Adjustment and Appeal Zoning District Existing Use North Marin e Pa rk (M P) Ope n Wate r South Multifamily Res ide nti al (MF-1 5) Multifam ily Res ide nti al East Mar in e Park (MP ) Wate r/ Channe l West Mul tifamily Res ide ntial (MF-1 5) Mult ifam ily Res ident ial BACKGROUND The subject property , which is addressed as 2667½ St. Joseph's Drive E., is the Common Area for the Coconut Villas of Dunedin Condominium Association . Coconut Villas is actually comprised of two separate parcels of land - 2687 -2691 Woodette Drive and 2675-2679 St. Joseph 's Drive E. - both of which are located on the channel. This application is for the northern parcel, 2675 , 2677, and 2679 St. Joseph's Drive E., located at the northeast comer of St. Joseph 's Drive E. The property contains three buildings with four units in each for a total of twelve units . See FIGURE 1 below for property location . Through their representatives , Matt Miller of Tampa Dock & Seawall and Jim Pinciott i, the owner is requesting a conditional use permit from the Board of Adjustment and Appeal pursuant to section 103-23 .3.6.5 of the LDC for the MP (Marine Park) zoning district to construct a new multiuse private dock on the common area of the subject property for use by the condominium occupants , as described below from City of Dunedin Building Permit Application No. 23 -0933 submitted on March 13 , 2023 (EXHIBIT C) . Description of Proposed Multiuse Private Dock 1 • To the north of the existing dock , the new 812-square foot multiuse private dock will cons ist of a 4-foot-long by 122-foot-wide parallel platform along the existing seawall with three 3- foot-wide by 36-foot-long finger piers and six (6) uncovered boatlifts. Each boatlift will have a 1-foot by 24-foot walk platform . The overall length of the dock will extend 40 feet from the existing seawall. • For the proposed location and configuration of the existing and new mult iuse pr ivate dock , please refer to FIGURE 2 below and EXHIBIT C. 1 Multiuse private dock means any dock to be owned in common or used by the residents of an apartment house (more than two units) , condominium , cooperative apartment, mobile home park or zero lot line attached structures (Definition per Sec . 58- 501 , Pinellas County Code) . ZONING INFORMATION As stated above , the upland property is located within the MF-15 zoning district. The purpose of the MF-15 district is to provide high -density residential , which offers the convenience and cost savings of dense urban living . MF - 15 zon ing cons ists predominantly of ga rden apartments . The MF - 15 district should be served by a thoroughfare street and can be applied to areas adjacent to commercial development , in urban act ivity centers , and in freestanding locat ions if well -buffe red from low dens ity residential uses . Alternat ive ly, the seawa ll and submerged lands (channe l) where docks are located is with in and regu lated by the Mar ine Park (MP) zon ing district. All bulkheads , seawalls , retain ing wa ll s, docks , wharfs , piers , floating docks , boat sli ps with or without boat li ft mecha ni sms , 23 -3

Regular Meeting June 21, 2023 Board of Adjustment and Appe al boathouse s, and moorings (tie poles , mooring poin ts, etc.) are considered to be accessory structures to the main use or structures of the premises . In this instance, the main use of the property is mu ltifamily residential, which is a permitted use by right in the MF -15 zoning district. Therefore, a multiuse private dock is an appropriate accessory structure and use in the MP zoning district to the main use of the property in the MF-15 zoning district. Zoning dist rict designation of MF-15 and the land use plan category of Residential Medium (RM) for the subject property are shown in EXHIBIT D. APPROVAL CRITERIA Sec. 104-2 1.9 A condition al use is permitted if it can meet each of the eleven approval criteria listed below . Some criteria may require full infrastructure review by the Engineering Division . It will be the applicant 's choice to either pursue infrastructure approval prior to submitting the conditional use permit application or delay infrastructure approval until after the hearing and risk an approval with conditions or a denial from the Board of Adjustment and Appeal (BAA) . Regardless of the action of the board , a conditional use permit is not final and in effect until infrastructure approval is obtained from the Engineering Division (if applicable) . Conditional use permit approval criteria are as follows: A) The requested use is compatible with the existing natural enviro nment of the site, with properties in the neighborhood , and projected future development of the area . Analysis : The subject property consists of a waterfront multifamily condominium complex and a multiuse private dock is a compatible and customary accessory use to the main use . An existing dock, built in 1974, is located on the property and will remain. Docks and lifts also exist along the channel and the nearby shorelines . Please see FIGURE 1 above and EXHIBIT D, which includes an aerial map of the subject property and surrounding area. A multiuse private dock permit is also required from the Pinellas County Water and Navigation Control Authority to protect the existing natural environment. B) There is adequate provision for water supply and for sanitary sewers and sewage treatment. Analysis : There are no impacts expected as a result of this request . C) There is adequate provision for public facilities such as schools , parks, and utilities within the service areas involved , and the proposed use can be accommodated by existing and/or proposed facilities . Analysis : Th ere are no impacts expected as a result of this request. D) There is adequate provision for traffic circulation, both vehicular and pedestrian, both internal to the use and in the area , which will serve the use and not be detrimental to the traffic ci rcu lation of the area. Analysis : Th ere are no impacts expected as a result of this request . E) There are adequate provisions for drainage systems to service the use , with particular attentio n to the necessity for on -site retention systems to alleviate drainage and pollution problem s. Analysis : There are no impacts expected as a result of this request. 23 -4

I Regular Meeting June 21, 2023 Board of Adjustment and Appeal F) There are adequate setbacks , buffering , or other appropriate control measures to mitigate adverse effects of noise, light , dust , fumes , and other nuisances . Analysis : Multiuse private docks shall be constructed so that the width of such facilities shall not exceed 75 percent of the width of the property at the waterfront and shall be further constructed so that the length of the facility shall not extend from the mean high water line or seawall of the property further than 75 percent of the width of the property at the waterfront. All docking facilities must be so located that no portion of the proposed facility is closer to either adjacent extended property line than ten percent of the property width at the waterfront per section 103-23.3 .6.4(8)1 of the LDC. In this case , the width of the property at the waterfront is 297.43 feet and the new multiuse private dock as described above and shown in EXHIBIT C is located in compliance with the design requirements in the LDC for multiuse docks so no adverse effects are anticipated. See the table below for dimensional standards . Dimensional Standards Requirement Allowable Proposed Dock Width 75% max . 223 ' 138' Doc k Len th 75%max. 223' 40 ' Doc k Setback ** 10% min. 29 . 74 ' 40 ' **The existing dock that was installed in 1974 is approximately 21 feet from the southern property line , making it legally nonconforming as to the minimum 10% setback in the code today . G) The land area for the proposed use is sufficient , appropriate , and adequate for the use and the reasonably anticipated operation and expansion thereof . Analysis : The parcel is 0.49 acres in area and the width of the property at the waterfront is 297.43 feet , which is sufficient, appropriate , and adequate for the proposed multiuse private dock . H) The use is compatible with the desired growth and land use patterns reflected in the City land use plan or other planning documents . Analysis : The proposed accessory use is compatible with the land use plan and development patterns in the area . I) The proposed use will comply with all appropriate regulations for the zoning districUland use category in which it is located and the policies of the comprehensive plan that apply to that districUcategory . Analysis : The proposed accessory use complies with the MP zoning district regulations , the MF-15 zoning district regulations , and the RM land use plan category . J) The proposed use will not adversely affect the health , safety , and welfare of the pub lic in the area and will not be detrimental to the use or development of adjacent properties or of the general neighborhood . Analysis : There are no adverse impacts expected as a result of this request . 23 -5

Regular Meeting June 21, 2023 Board of Adjustment and Appeal K) The proposed use will comply with other policies and special standards which are designated elsewhere in the City's comprehensive plan and this chapter, which standards and pol icies will be supplemental to those set forth in this section . Analysis : The proposed accessory use complies with other policies and special standards designated elsewhere in the comprehensive plan and the LDC. REVIEWING AGENCIES The following City areas have reviewed this petition and have no objections to the request. • City Arborist • Fire • City Manager • Public Works • Solid Waste • Solid Waste • Stormwater • Utilities • Engineering • Economic & Housing Development NOTICE OF HEARING Per Sec. 104-12 of the LDC, this petition was noticed as follows : 1. A Letter of Notice was mailed to abutting property owners within 250 feet of subject property at least 14 days prior to the public hearing . 2. An announcement was published in the Tampa Bay Times at least 14 days prior to the public hearing . 3. An informational sign was posted on the subject property at least 14 days prior to the public hearing . STAFF RECOMMENDATION Staff finds that the petition meets all eleven (11) of the applicable review criteria found in Sec . 104-21.9 of the LDC . Therefore, the staff recommendation to the BAA is to approve Application BAA 23-2C to want a conditional use permit for a multiuse private dock as described below: • A new 812 square foot multiuse private dock consisting of a 4-foot-long by 122-foot-wide parallel platform along the existing seawall with three 3-foot-wide by 36-foot-long finger piers and six (6) uncovered boatlifts, each with a 1-foot by 24-foot walk platform designed and located as illustrated in EXHIBIT C. The overall length of the dock will extend 40 feet from the existing seawall . LIST OF EXIBITS EXHIBIT B. Application BAA 23-2C EXHIBIT C. City of Dunedin Building Permit Application No . 23-0933 EXHIBIT D. Aerial, Land Use, and Zoning Maps EXHIBIT E. Public Notice - BAA 23-2C Questions for Staff In response to the questions from the Board, Mr . DiPasqua responded: It is correct that the overall lift would be counted in regard to the setbacks ; even if they were to add the width of the existing dock , it is well under the 75% , which is 223 feet of actual dock width . In terms of there being plenty of channel to accommodate future dredging, the City typically does not look for dredging permits as part of this and that would be something the County would regulate, as well as the Department of Environmental Protection (DEP) and the Corps of Engineers. 23-6

Regular Meeting June 21, 2023 Board of Adjustment and Appeal The existing dock sets about 21 feet from the south property line ; the proposed dock is going to be 40 feet, meaning that it is greater than 29.74, so it complies. That essentially makes the existing dock legally nonconforming . Should the BAA grant the Conditional Use and should the applicant obtain a perm it to build the dock, it would be compliant. They are separate structures that are not connected . The new dock would be legally conforming and something built to the current standards . The dock that has been there would be treated as a legal nonconformity under the City 's Land Development Code . Applicant Presentation Questions for the Applicant Public Hearing Chair Morea opened the public hearing . Hearing no one wishing to speak , Chair Morea closed the public hearing . Board Questions/Comments - None MOTION: Motion was made by Mr . Costello and seconded by Mr . Greenfield to approve Application BAA 23-2C for a Multi -Use Private Dock with the conditions as outlined in the staffing report . VOTE: The motion was approved unanimously 1.c. Miscellaneous - None ADJOURN The meeting adjourned at 3:25 p.m. NOTE: This meeting was recorded and those recordings are a part of the official file. Michelle Wei Deputy City Clerk 23 -7

1 NOTICE OF PUBLIC MEETING BOARD OF ADJUSTMENT AND APPEAL City Hall, 737 Louden Avenue JUNE 21, 2023 3:00 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES Approve Meeting Minutes A. April 19, 2023 BAA Meeting Staff recommends review and approval of the meeting minutes. EXHIBIT: A. 04/19/2023 BAA Draft Minutes 1. BUSINESS 1.a. Application BAA 23-2C - Applicant is requesting a Conditional Use Permit (CUP) from the BAA for a new multiuse private dock on the condominium common area at 2667 1/2 St Joseph's Drive E. Staff is recommending approval of the request by the BAA. EXHIBIT: A. Application BAA 23-2C - Staff Report EXHIBIT: B. Application BAA 23-2C - Received 4/24/2023 EXHIBIT: C. City of Dunedin Building Permit Application No. 23-0933 - Received 4/24/2023 EXHIBIT: D. Application BAA 23-2C - Aerial, Land Use & Zoning Maps EXHIBIT: E. Public Notice - BAA 23-2C ADJOURN COPIES OF THIS AND ALL COMMISSION AGENDAS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY CLERK, 737 LOUDEN AVENUE, ON THE MONDAY PRIOR TO

2 THE MEETING DATE. COPIES ARE ALSO AVAILABLE ON THE CITY’S WEBSITE AT WWW.DUNEDINGOV.COM.