MINUTES
HARBOR AND WATERWAYS BOARD MEETING
DESTIN CITY HALL 5: 00 P.M.—APRIL 22, 2013
1.
CALL TO ORDER:
Chairman Flake called the Destin Harbor and Waterways Board meeting to order at
approximately 5: 00 p.m. on Monday, April 22, 2013 at Destin City Hall.
2.
ROLL CALL:
Member Present:
Staff:
Absent
Bill Flake
Rick Ricketts
David Bazylak, Environmental Manager
George Eller
Susanne Simmons
Kim Montgomery, Deputy City Clerk
Fredrick Rall
Matt Trammell
Samuel Taylor
3.
APPROVAL OF MINUTES:
February 25, 2013
On a motion by Board member Eller, seconded by Board member Rall the members voted
unanimously to approve the minutes of the February 25, 2013 meeting as amended.
4.
NEW BUSINESS:
APPLICANTS
1.
24 Norriego Drive
John Valliantos
Construct a 5' marginal dock along canal.
The Environmental Manager explained that the applicant received a permit to repair the upland
slip and seawall along with a permit to install a marginal dock on the outside but didn' t realize that they
needed to get approval first and started the work before coming to this Board and City Council for
approval. So, staff issued a stop work on the marginal dock portion.
Outlining the specifics of the property, the Environmental Manager explained that the applicant
has a 130- foot long lot and when they repaired the seawall, they went out 18- inches from the existing
seawall which is also where the applicant wants to install the marginal dock; and on the south side of the
property, after the seawall repair, they are at 135- feet. Per City Code, 6- feet is the maximum that one can
go out into the canal right of way and Holiday Isle Covenants is 6- feet from the property line. Therefore,
the applicant has agreed to remove the portion on the south side of the property from the application
request.
Shirley Freienmuth approached the podium and explained that she is representing her son; who is
one of the adjacent property owners at 22 Norriego Road and is in the Air Force currently serving
overseas
in Europe
at
the time.
She explained to the members that her son objects to the installation of
the dock because it is out of align of the existing docks and protrudes approximately 11- feet beyond the
property line into the canal. She added that taking into account the 6- foot allowance, the dock protrudes
5- feet too far into the canal and with that area of the canal being one of the narrowest areas; this could
result in navigational hazard to others and especially themselves since the dock protrudes too close to
their boat slip.
She also stated that according to the drawings submitted and what is being built are not
the same as the permit application and her son is requesting the following conditions be considered:
That the existing dock at 24 Norriego Drive be brought into compliance with the existing
City Code
Dock placement on the canal should be brought into compliance with the Holiday Isle
Covenants and should be done after appropriate engineering drawings with the locations,
dimensions, and surveys are submitted and approved for permits and prior to any further
approval for permits by the City of Destin for that address
The property owner shall sign and file proper owner affidavits with the City of Destin
regarding any all construction activities at this address
Any contractor performing marine dock or related work at the address shall provide a
valid Florida Contractors License prior to commencing any permitted work at this
address
Proper Administrative Reprimand from the City of Destin Building Division regarding
the commencement of work without proper permits at this address
Mr. Darryl Shelton of 18 Norriego Road( three lots to the south of the property in question) stated
that according to a survey that they had drawn up it clearly shows that on the south side of the property
the dock is 9' 8" past the property line.
Mr. Frank Davis, the contractor for the project presented to the Board that he built 6- feet off from
the existing seawall and no more. He explained that he built it in accordance to what he was told he could
by
both the DEP
location
several
and
the Environmental Manager.
times to
make sure
that he was
He added that he also had Guy Tadlock out to the
building it correctly. He added that the property owner
had already agreed to remove that section on the south side and that all of this disagreement came up all
of a sudden; even after all of the officials have agreed to what he built. He also added that they measured
and went off exactly from the neighbor' s dock at 22 Norriego.
x
The Environmental Manager clarified for everyone present that they cannot go out any further
than 136- feet and asked if everyone agreed with that, which they all did. He then explained that with the
removal of the dock on the south side, that section would now be in compliance. He then explained that
the only item left would be for the contractor to pull a line and ensure that he is not out any further than
the 136- feet
on
the
north side of
the property.
Mr. Davis stated that he and Mr. Tadlock have already
checked that out and it is correct on that side within a few inches. Mr. Tadlock agreed that statement is
correct for marine work.
Boardmember Eller
asked
the
Environmental Manager is that
what
he is advising.
The
Environmental Manger stated that is however, he stipulated that he does not agree that everything should
be pulled out and reinstalled as mentioned earlier.
Karen Shelton, 18 Norriego stated that when this application was first brought before the Holiday
Isle Architectural Review Board for approval, which she is a member of; said it was a board for board
approval with no
survey
which
is
what
they
approved.
Then come to find out that the project is requiring
a permit and a survey from the City for the deck over the seawall. And that was when they found out that
the project is over the 130- foot lot line requirement and is not what they approved.
Board member Taylor asked the Environmental Manager that as it sits now, is it not in
compliance. The Environmental Manger confirmed that is correct and added that the south side will be
removed and that the applicant still has to confirm that the north side is in compliance as well by
2
measurement.
Code
City
He stipulated that neither he nor this board enforces the Holiday Isle Covenants, just the
that it' s approved once it' s proven that it meets City Code. He reiterated to
and recommends
the Board that he does not feel it' s necessary for the applicant to remove everything and start over. The
construction without a building permit is being addressed internally and is why the Stop Work was issued
the appropriate fines
being assessed to the property owner through
member Eller agreed that would be ridiculous to tear everything out.
and
are
the
Building
Official.
Board
Board member Eller asked Mr. Frank Davis if he' d agreed to all of that. Mr. Davis stipulated that
he did agree. Board member Rall asked if all of this conversation is on record, which the Clerk confirmed
that it is.
Mr. Guy Tadlock, President of the Holiday Isle Homeowner' s Association stated that he is fine
with
Mr. Davis'
agreement
to
remove
everything
outside of
the 136- foot
area.
He then stated that he
wanted everyone to understand that the Holiday Isle Homeowners own the canals and are responsible for
the maintenance of them, which is a very expensive undertaking. He added that they are also permitted
by the FDEP who defines the depth and the width. He spoke of how unfortunate it was that this project
had such misunderstanding but it sounds like everything has come to an equitable solution and the
homeowner is willing to make it right.
John Pipes, 614 Magnolia Drive spoke of the project being a wedge shape and how the
engineering tolerance should be recorded and if within a 136 plus or minus a few feet; that number needs
to be decided such as, a foot and a half.
The Environmental Manager pointed out there is not a plus or minus in the Code but everyone
involved will need to come to an agreeable decision.
Chris Forte of 531 Vera Cruz pointed out that the 136- feet should mean not to exceed and
contractors should try to aim for that and not beyond it.
Boardmember Taylor stated that what he understands is that they are willing to bring everything
within
the 136- feet
and
is the only
concern
that this Board
can address.
The Environmental Manger
confirmed that and spoke of how this is the first time in all of the years that he has worked with the City
that he has had this kind of issue has come up however, he guaranteed from this point forward that he will
start requiring a more stringent survey.
Boardmember Taylor stipulated that the following conditions should be placed on this project:
Provide something stringent such as drawings showing what they are going to replace it
with and a survey other than what was provided by the adjacent property owner and
either;
a) They say what they are going to do or;
b) They draw out what they say they are going to do
Boardmember Taylor made the motion to approve the application with his suggested conditions.
Mr. Frank Davis stated that in his opinion, there needs to be some understanding or agreement by
the HOA or this problem is going to start happening more often pointing out that a lot of the older
seawalls are going to start failing and have to be repaired and they are going to have to come off the old
ones
in
order
to
make
the
repairs.
The Environmental Manager stated that it' s standard procedure to go
off 18" from the existing walls because they do more damage by pulling the old walls out.
2
Boardmember Eller stated that as long as the entire project is brought into compliance to the
Environmental Manager satisfaction, then he has no problem with it.
In asking for clarification; Boardmember Taylor stated that they would be submitting new
drawings to make sure that they are where they said they were going to be.
The Environmental Manager stipulated that the intent is to make sure that the dock is within the
136- feet.
Boardmember Eller made the motion to approve the applicant' s request pending the
satisfaction that the project is brought into compliance and once that' s achieved then issue the
permit.
The Environmental Manager pointed out that right now, they cannot do any further work on the
project. He reiterated to the members that they are a recommendation board to City Council. Once it gets
approval from City Council then they can pull the permit to bring it into compliance. He did stated that
they can go ahead, without a permit, and remove the portion of the dock on the south side as soon as
but
possible
no other work
is
allowed.
He also mentioned that if it' s not brought into compliance then
they will have to suffer Code Enforcement action.
Board member Trammell made an amended motion to recommend approval of the
applicant' s request with the condition that the noncompliance dock is removed and the contractor
or owner supply the City with the revised drawings with sufficient detail to ensure that the project
meets
the
City' s
Code
and
the Environmental Manger
approves
them.
Boardmember Taylor
provided the second to the motion which passed unanimously.
2.
516 Norriego Drive
Timothy Taylor
Construct a 100' seawall along canal.
FDEP &
The Environmental Manger explained this is a simple request, the applicant has received his
ACOE permits and staff recommends approval of the project. He added that he has not received
any objections from the adjacent property owners.
Boardmember Eller made the motion to recommend that City Council approve the request
by Timothy Taylor to construct a 100- foot seawall along the canal located at 516 Norriego Drive.
Chairman Flake provided the second to the motion and the motion passed unanimously.
3. 928 Peacock Point Drive
Kevin Veach
Construct a 92' dock with a14' x 28' covered slip with lift.
The Environmental Manger explained that on these next three requests they may see some
different names on the self certification permits which are transferrable from his discussion that he had
with the FDEP which is not an issue. He added that they are all in the same subdivision and all of the
docks
are
going to be exactly
alike.
There is
no
hazard to
navigation,
both FDEP & ACOE permits have
been received and staff recommends approval for the request.
The Environmental Manager further explained that he has spoken to the each property owner and
although the intent is for these to go in at the center of each lot, however if for any reason they decide to
move them to the side of the lots where they may be encroaching into the adjacent property lines they
2
would have to come back to this board to get a recommendation for approval but according to what each
owner
has
maintained,
that is
not
their intention at this time.
The Environmental Manager added that
there is some sea grasses located in the area.
Boardmember Trammell spoke of a program that the FDEP has where if they are contacted they
will go out to the location and pull out the sea grasses that would be impacted and relocate them. And if
he
let the
would
applicants
know that
can
be done before the
The Environmental
project commences.
Manger stated that he would do that.
Boardmember Eller made the motion to recommend that City Council approve the request
by Kevin Veach to construct a 92- foot dock with a 14' x 28' covered slip with lift located at 928
Peacock Point Drive. Boardmember Trammell provided the second to the motion and the motion
passed unanimously.
4.
913 Peacock Point Drive
Mike Shoults
Construct a 92' dock with a 14' x 28' covered slip with lift.
Boardmember Eller made the motion to recommend that City Council approve the request
by Mike Shoults to construct a 92- foot dock with a 14' x 28' covered slip with lift located at 913
Peacock Point Drive. Boardmember Rall provided the second to the motion and the motion passed
unanimously.
5.
925 Peacock Point Drive
Neal Boutin
Construct a 92' dock with a 14' x28' covered slip with lift.
Boardmember Eller made the motion to recommend that City Council approve the request
by Neal Boutin to construct a 92- foot dock with a 14' x 28' covered slip with lift located at 925
Peacock Point Drive. Boardmember Rall provided the second to the motion and the motion passed
unanimously.
5.
OLD BUSINESS:
None.
6.
ADJOURNMENT:
With there
Adopted
being
no
further •
and approved this
7/
BiIl Flake, Chair
s•.
l the
day
eet' l g adjou ed at 6: 10 p. m.
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