901 Ponce de Leon Blvd.  
Belleair, FL 33756  
Town of Belleair  
Meeting Minutes  
Special Magistrate  
Wednesday, December 4, 2024  
3:00 PM  
Town Hall  
MEETING CALLED TO ORDER  
SWEARING IN PROCESS  
Special Magistrate Valdes called hearing to order at 3:00 PM; spoke on order of  
proceedings; final order will be provided by mail; those wishing to be speak need to  
rise and be sworn.  
Thomas Trask-Town Attorney- swore in those wishing to speak.  
GENERAL AGENDA  
24-0226  
Request for Variance - 435 St. Andrews Dr.  
Continued from November 6, 2024  
Attorney Trask called Alyssa Livingstone, Town Planner to speak.  
Ms. Livingstone, spoke on her experience in planning; report prepared by Calvin,  
Giordano and Associates, read report; non- conforming dock constructed in 1991  
extended 150 ft into Clearwater Harbor; applicant states additional length needed to  
protect sea grasses and to allow greater depth; notes previous dock provided space  
for 3 vessels, proposed dock should be revised to include only 2 vessels or seek a  
variance.  
Ms. Livingstone addressed variance criteria; special conditions exist and are not a  
result of actions of applicant; hardship of adverse impact to existing sea grasses and  
shallow water; variance is minimum that would make possible of the use of the land or  
structure of the building; grant of variance will be in harmony with general intent and  
purpose of the Town's land development code; grant will not result in any land use not  
specifically provided for in the zoning district; reconstruction of dock within a 50ft range  
would affect sea grasses; recommends approval.  
Attorney Trask had no further questions; requested Special Magistrate receive pages  
2-28 of agenda packet (report) as evidence.  
Special Magistrate Valdes asked if anyone would like to cross examine. There was  
none.  
Jacek Weimheimer provided a photo of dock, which was provided in packet as exhibit  
2. Attorney Trask questioned Mr. Weimheimer connection to property. Mr. Weimheimer  
stated he is a friend of the owner and is here to represent him; provided a power of  
attorney; exhibit 3 POA; Trask asked questions regarding Mr. Weimheimer's  
discussions with owner regarding application; asked if Mr. Weimheimer had any  
comments. He had none.  
David Phillips-Phillips, Hayden and Labee-represents Belleview Biltmore Country Club  
Corp, owns submerged lands; presented owner of property with a license agreement for  
pilings to be located within submerged land, has not received any correspondence;  
seeking an unrecorded, hold harmless agreement for any incidents that may occur, no  
objection to dock itself.  
Mr. Phillips provided form of license agreement that was submitted to applicant in  
November; requests agreement be a requirement of grant of variance.  
Attorney Trask asked for copy of the submerged land lease for the property. Mr. Phillips  
stated it is not a lease it is owned in fee simple.  
Special Magistrate Valdes spoke on condition being placed on the variance request  
and his powers over the conditions.  
Attorney Trask spoke on variance; the proper parties are not here in attendance; Mr.  
Phillip's client needs to be brought in as additional applicant as they are property  
owner; could continue until joint application is made; agreement can be done outside;  
not appropriate to move forward without the owner of the property present and request  
should be continued.  
Mr. Philips-Representative of the Country Club does not object, something needs to be  
in place to be a co-applicant where they are held harmless to liability.  
Special Magistrate Valdes questioned best procedure; Attorney Trask requested it be  
continued, perhaps 60 days.  
Mr. Philips had no objection.  
Mr. Weimheimer objects due to length of time of continuance.  
Mr. Valdes spoke on options of denial or continuance.  
Mr. Valdes inclined to continue to February 5th ; called for a 5 minutes recess to allow  
attorneys to discuss.  
Hearing recess at 3:32 PM  
Hearing reconvened at 3:37 PM  
Special Magistrate Valdes requested update from parties.  
Attorney Trask stated all in agreement that parties will work together; Meeting will be  
held on February 5th, 2025.  
Special Magistrate Valdes granted continuance to February 5, 2025 at 3:00 PM. For  
purpose of record today, will keep exhibits 1,2,3 in the record; noted consent from both  
neighbors. Hearing is concluded.  
ADJOURNMENT  
No further business; meeting adjourned in due form at 3:40 PM.