11/23/1982
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Tom'Hogan, Milne Harine, spoke regarding the proposed dook.,
appellant,
would govern the
condominium and stated the boat slips would be
,those individuals leasing or oooupying a unit.
Herbert
association
Leonhardt,
whioh
explained'
motel
the proposed oooperative'
onoe it is oonverted' to, a
restrioted to use'onlyby
"
. Dieousl!lion 'onsued regarding parlcing oonoern:!l and assuring the dooks
are n~t'leased'eeparatelY from the oondominium unit.
The City Attorney ,stated that the doouments prel!lonted at this hearing
were ,not presented at, the time of the Board of Adjustment and Appeal
hearing. '
."
The, Hoaring Offioer stated,any'proposed findings of faot, oonolusions
'of 'law, and reoomm~ndations should be submitted within 10 days.
The hearing adjourned at 4:11'p.m.
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City Clerk
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to that boat slip is rented by the usual'overnight motel'
quest who has no use for a boat slip.
9. The proposed slips present nohazard.'to navi":'
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qation or interfere with the enjoyment of the waters adjacent
thereto by, the boating public. "
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CONCLUSIONS OF LAW
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The Division of Administrative Hearin'ga has jur~s-
diction over the parties to, and the subject matter ofith~se
procee,dings.
Section 131. 099, Clearwater Bu-ilding ,and Zonin9'"
Regulations, pr~vides that special exceptions :for:marina'
fa~~li~ies are permitted :'in a CTF-28 district. Section
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131.016 conta~ns guidelines to consider in determining whether:
to approve any regulat~d special exception which include:
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(1) Ingress and egress to the
,property and proposed structures
thereon with particular reference
to automobile and pedestrian safety
and convenience, 't.raffic flow 'and' ,
control, and access in case of fire
or catastrophe;
(2) Off-street parking and
loading areas where required, with
particular attention to the it~ms
in subsection (1) above, and economic,
'noise, glare or odor effects of the
special exception on adjoining
properties and properties generally
in the district;
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(11) That the use will be reasonably,
'compatible with~urrounding uses in its
function, its hours of operation"the
't.ype and amount of traffic to be'gener-
" ,ated '; and building size and setbacks, ,
", ','its 'relationship to land'values',; and'
, other factors,that may be used to measure
" ; compatibility.
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necessarily require the absentee proptietary' lessee of a ,unit,
to which a dock is appurtenant, to charge the ,motel guest at
his unit the same fee whether he uses the dock or not. Nor
does it necessarily preclude an interpretation of this clause
that it does not apply to a sublease to an overnight motel
guest who arrives and departs by automobile. ' Until such time
as the Proprietary Lease is modified to eliminate the possi-
bility that construction of this Class A marina will add
to the off-street parking problem at Clearwater Beach in the
vicinity of the Bel Crest motel, this special exception shou.ld
be denied.
Petitioner Leonhardt testified that the dock space
would remain appurtenant to the unit and would never be separaUed
from the unit. No evidence was presented that a unit with
appurtenant dock could not be leased to two people, one of
whom would use the unit and the other keep his boat at the
dock. Both- ,would require vehicular access and 'such a combina- '
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tion lessee would exacerbate the existing parking problem.
Nor was evidence presented that the Proprietary Lease would
prevent a proprietary lessee from IIlending'l his dock space
to his friends whose visits to ~h9 boat moored at thia dock
could further aggravate the parking situation.
Appropriate conditions and safeguards can be pre-
scribed to eliminate parking problems that could result from
granting this special exception. The effectiveness of these
conditions and safeguards may depend upon the enforcement
capabilities of the city if the conditions are not self-
enforcing. No evidence was presented regarding the capa-
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bility, of the city to enforce those conditi~ns and safeguards
deemed necessary to keep this proposed project from exacer-
bating the Clearwater Beach parking problem. Once the
~:I ' parking situation is resolv~d, the special exception requested
:. : '...: " to 'construct a Class A marina should be gl'anted. It is
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