01/24/1990 Public Hearing
January 24, 1990
Case #89-6159
9:05 A. M.
Hearing Officer - Arnold Pollock
Present: M. A. Galbraith, City Attorney representing the City of Clearwater
Patrick Maguire, Attorney, representing himself
Susan Stephenson, Deputy City Clerk
Issue: Patrick Maguire to permit marina charter service at 200 Windward
Passage, Island Yacht Club Condominium, Boat Slip Unit 9, zoned CG
(general commercial) and AL/C (aquatic lands/coastal). CU 89-78
City Composite Exhibit: 1. City's composite Copies of various Code Sections
Appellant's Exhibits: 1. Certified copies of several occupational licenses.
2. List of multiple slip or ownership in the
condominium.
3. Parking permit.
4. Letter indicating the type of insurance
carried by the Condominium Association.
5. Letter from attorney representing the Condominium
Association.
6. Minutes of Condominium Board of Directors Meeting
of Oct. 10, 1989.
Public Exhibits: 1. Article from the Sunrise newspaper.
2. Package of information from Mr. Swift.
The Hearing Officer acknowledged receipt of the tape from the Planning and Zoning Board Hearing of October 17, 1989, the letter of November 8, 1989 with attachments and the letter of
January 5, 1990 with attachments.
Mr. Maguire questioned whether a Conditional Use request was appropriate in this instance. There are 130 condominium units at the Island Yacht property including boat slips. Primary
objections to the requested use came from other unit owners. He pointed out that a number of commercial uses have occurred on this property. Staff recommended approval to the Planning
and Zoning Board and he feels there was abuse of discretion by the Board in not granting the request. Once the standards for a Conditional Use have been met, it is incumbent on the
Board to show the standards have not been met and the request is in the adverse interests of the public.
Mr. Galbraith, Clearwater City Attorney, stated the availability of on-site parking is limited.
Mr. Maguire stated he has owned Slip 9 since 1986 and the operation of the Marina has improved in that time. The condominium came into existence around 1980 and several businesses
have been operated in the Marina since then. A number of slips have been rented and several individuals reside on their boats. No one else has requested a Conditional Use, but a number
of commercial uses continue to exist. The condominium consists of a mixture of recreational and commercial uses. The issue seems to be parking. The code requires .5 parking spaces
per slip for a commercial marina.
A five minute recess was called.
Mr. Maguire stated it is a hybrid marina. There are no fuel sales and it is classified as light commercial under the condominium documents. Parking requirements for an unspecified
use are determined by Staff. Staff felt the parking impact would be negligible. There are 42 parking spaces available and use ranges from 8 to 22 spaces and there are 13 city spaces
available nearby.
Mr. Maguire also stated that his boat would be for personal use and for charter fishing with three people plus a captain. He originally requested four people plus the captain, but
is willing to amend that to a total of four people. Since the City has parking available in the area, it is up to the individuals who charter his boat to find their own parking spaces
There is a minimum of three live aboards with 42 parking spaces on the site. City spaces abut the High and Dry Marina a short distance away and are not metered.
Patricia Lee Fricke, President of the Condominium Association has owned a slip since January 1980 and has been President since October 1985. She stated there have been as many as 68
live aboards in the past but there are now only 11. There are at least 100 slips that are not used by owners. Three and one half years ago parking permits were issued and use is on
first come first serve basis. Currently, there is no parking problem on the site. The marina has had 42 parking spaces plus one handicap space since May 1964. There are 128 boat slips
and two commercial offices. Almost every slip is utilized but there is not much activity during the week.
Keith Crawford, Traffic Engineer for the City of Clearwater, said in the early 1980's there was a lot of activity regarding the 13 public parking spaces. He received two documents
in writing from the Condominium users that public spaces were needed. The City threatened to remove public parking if the conflict between the Condominium Association and the High and
Dry Marina did not cease over the use of the public parking. There have been no complaints from either party for some time.
Sandra Glatthorn, Planner II for the City of Clearwater, recommended approval of the request to the Planning and Zoning Board. She felt the request did not impose an adverse impact
on any party and there were no objections from the Traffic Engineer. She did not feel there would be any negative impact on parking.
William C. Held, Jr., Harbormaster of the Clearwater City Marina, recommended denial of this request due to parking problems.
Mr. Giolli, representing the Island Estates Civic Association felt the appeal should be denied because no good is served by creating a parking problem.
Eight citizens spoke in opposition, citing concern about parking, objection to a commercial operation and lack of facilities to support the proposed activity.
Mr. Maguire stated that there is no competent substantial evidence to deny his request. Under Condominium documents, he has the right to use the property as requested.
The attorneys waived oral summation and the Hearing Officer requested they submit Findings of Facts and proposed order within 15 days.
Meeting adjourned at 11.42 A.M.