03/12/2008
BUILDING/FLOOD BOARD OF ADJUSTMENT & APPEALS MEETING MINUTES
CITY OF CLEARWATER
March 12, 2008
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Gary Richter Board Member
Arthur Shand Board Member
Also Present: Camilo Soto Assistant City Attorney
Kevin Garriott Building Official
Patricia O. Sullivan Board Reporter
The Chair called the meeting to order at 2:00 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
2 - Approval of Minutes of July 20, 2007: - Continued to next meeting
3 – Continued Requests
: - None
4 – New Requests
:
4.1 Case: MIS2008-02001 – 210 Drew Street, Owner – City of Clearwater. Representative –
Solid Waste/General Services Assistant Director Rick Carnley. Request: Release City from
FEMA 50% rule for renovation of the building. Located at CLEARWATER FERRY SERVICE
LEASE TO YR 2000 FROM NE COR SEC 16 RUN W 2445.54FT TO PT ON SEAWALL.
Sec 16-29-15 M&B 21.11
Representative Steve Fowler presented plans to remodel the building owned by the City
of Clearwater in Coachman Park at the termination of Drew Street for use as a dock master
facility. A new municipal marina will be constructed. The small building is situated below the
BFE (Base Flood Elevation) in a “V” flood zone. Alterations or additions are limited to 50% of
the existing value of the building. Remodeling plans are limited to the building’s current
footprint. The project would enclose space under a canopy for ADA (Americans with Disabilities
Act) compliant bathrooms and showers, provide a washer/dryer in an alcove, and remodel a
dock master area to control the boat slips. All electrical equipment will be located above BFE.
Improvements are needed before boat slip construction is completed. City Engineer Mike
Quillen said it would not be functionally feasible to construct another building. Solid
Waste/General Services Assistant Director Rick Carnley said the building was appraised at
$26,000. Renovation costs are estimated to be $240,000. The project could be constructed in
phases without a variance but that process would take years.
While proposed flood panels would prevent water intrusion from rising tides, Building
Official Kevin Garriott said FEMA (Federal Emergency Management Association) does not
recognize flood proofing in a V flood zone, such as at this location. Marine & Aviation Director
Bill Morris described dock project breakwater features designed to reduce wave velocity.
Building - Flood Control 2008-03-12 1
Concerns were expressed that flood proofing the building with flood panels would hamper water
movement and could create a dangerous situation.
The building’s elevation is 8 feet; FEMA requires a 12-foot BFE. Mr. Garriott said it
would be impractical to raise the building’s elevation and further impede ADA access to
restrooms. The building is directly associated to boat slip use, similar to ticket sales booths at
the marina. The building will not have overnight uses. Unlike a privately owned business, this
government building is covered by an emergency plan with response staff on duty 24 hours a
day, seven days a week, 365 days a year. Mr. Garriott consulted with Assistant City Attorney
Leslie Dougall-Sides and research done by them indicated it is within the scope of the Building/
Flood Board of Adjustment and Appeal’s authority to grant this request if it chooses. In addition,
Assistant City Attorney Camilo Soto agreed the proposal meets the intent of the flood
management plan.
Mr. Garriott said according to staff research, the City most likely would not receive FEMA
demerits if the use is associated with the marina only and hardship would be created by not
having a bathroom facility at the new marina. There would be no value in locating the restrooms
by the Harborview Center. Mr. Carnley said the building’s sewer will connect to the lift station
on the building’s north side. No lift station upgrades will be necessary. The Drew Street storm
system is sufficient to carry project stormwater.
Assistant City Attorney Camilo Soto reviewed basis to grant approval: 1) Denial would
cause significant hardship; 2) the request is for a necessary and functional dependent use; 3)
locating the bathrooms farther away would not be functional; and 4) no alternate locations are
available. He opined that criteria in local code exist to find grounds to approve the request.
Discussion ensued with support expressed for the request as elevating the structure or
relocating the restrooms would deter efforts to provide accessibility to everyone. It was stated
that the board’s decision must be defendable if it denies future applications. Assistant City
Attorney Laura Lipowski, representing the building’s owner, said no other applicant would have
City emergency capabilities. Mr. Carnley reviewed City security and emergency procedures.
The City has a statutory requirement to deploy staff during storms. City ownership makes this
building different from a private business due to the fact that the City is charged with storm
emergency management for the entire municipality. The City has a current published
emergency plan and staff that responds to prepare all City-owned structures for storm
readiness. This building would be included in the process. The building would be evacuated
and prepared to minimize storm damage,
Building - Flood Control 2008-03-12 2
Member Shah moved that the Board of Adjustment & Appeal of Building/Flood Control
approve the request to release the City of Clearwater from the FEMA 50% rule for renovation of
the building at 210 Drew Street based on the following: 1) the request meets all applicable
conditions set forth in Federal flood zone regulations and complies with all Code requirements;
2) increasing the building height would impede handicapped access and relocating restrooms to
Harborview Center area or out of the flood zone is impractical; and 3) the City has unique public
safety and risk management capabilities, a storm program and security plans, and personnel
available 24 hours a day, seven days a week, and 365 days a year with Conditions of Approval:
1) Exclude flood panels and 2) Locate all electrical equipment above flood plain. The motion
was duly seconded and carried unanimously.
5 - Adjourn
The meeting adjourned at 2:45 p.m.
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