07/20/2007
BUILDING/FLOOD BOARD OF ADJUSTMENT & APPEALS SPECIAL MEETING MINUTES
CITY OF CLEARWATER
July 20, 2007
Present: John H. Logan, Jr. Chair
Edward H. Walker, Jr. Board Member
Pankaj Shah Board Member
Gary Richter Board Member
Absent: Arthur Shand Board Member
Also Present: Kevin Garriott Building Inspector
Bill Wright Building Construction Inspector
Leslie Dougall-Sides Assistant City Attorney
Brenda Moses Board Reporter
The Chair called the meeting to order at 10:00 a.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
A - Approval of Minutes – May 11, 2007
Member Walker moved to approve the minutes of the May 11, 2007, special meeting as
motion
submitted in written summation to each board member. The was duly seconded and
carried
unanimously.
B – Continued requests from July 11, 2007, meeting
1. Case BAA07-02, 964 Eldorado Avenue; Owner: Thoomas W. Carey, 964 Eldorado Avenue,
Clearwater, FL 33767; Representative: Lyle J. Breeze, 915 Klosterman Road East, Tarpon
Springs, FL 34689; Request: 1) Variance of rear setback from seawall to open deck to 9 feet;
2) Variance from seawall to structural post supporting 3rd floor deck; and 3) Variance to allow
spread footings under deck post instead of driven pilings. Location: Mandalay Sub, Block 61,
Lot 7 & RIP Rts. Parcel #05-29-15-4666-061-0070.
Lyle Breeze, representative, said the applicant requests a variance to the rear setback
from the seawall to the open deck of 9 feet, a variance from the seawall to the structural post
supporting the third floor deck, and a variance to allow spread footings instead of driven pilings
under the deck post. As it would be difficult for construction equipment to access the rear of the
property, he said spread footings are requested. He said while an existing second floor deck in
the rear may encroach on the CCCL (Coastal Construction Control Line), the planned third floor
deck would not. Mr. Breeze said a structural engineer will review the plans. It was remarked
that some area seawalls lack deadmen.
Mr. Breeze said construction of the balcony requires a foundation with pad footings.
While the south corner does not encroach into the 18-foot setback from the seawall, he said the
north corner encroaches 2.5 feet. He said a geotechnical company, hired to do soundings of
the seawall, was unable to detect deadmen or anchoring systems. He said either the deadmen
are deeply buried or do not exist. It was remarked that previously, the board had referred to the
seawall as a retaining wall due to its condition. Mr. Breeze estimated the seawall is 300 feet
Building – Flood Special 2007-07-20 1
from the water. It was remarked that this property is in a V-Zone. In response to a question,
Building Official Kevin Garriott said scouring could occur with pad footings. He said FEMA
(Federal Emergency Management Agency) may have concerns regarding pilings near the
seawall.
Discussion ensued regarding pin piles. Mr. Garriott said pin piles would meet FEMA
regulations. Mr. Breeze said this request provides the least expensive and most direct method
of adding the third floor balcony. He said a cantilever system could diagonally brace the third
floor balcony, which would be supported by the second floor balcony. Mr. Garriott said the
applicants will have to meet zoning requirements. In response to a question, Assistant City
Attorney Leslie Dougall-Sides said the Code provides the ability for an applicant to address the
COB (Community Development Board) as long as specific criteria for nonconformities are met.
Mr. Garriott said another department reviews zoning and CCCL issues. He said the
CCCL is not under the authority of this board. The CCCL and the seawall are not in the same
location. This board has the authority to review issues related to the seawall, including
construction proposals within 18 feet of the seawall. Ms. Dougall-Sides said the second floor
deck cannot be grandfathered if was built illegally. Mr. Breeze said the property owner wants to
retain the second floor deck.
Member Richter moved to grant: 1) Variance of rear setback from seawall to open deck
to 9 feet, as long as access for tieback maintenance is retained and new foundations do not
affect existing tiebacks; 2) A 15.3-foot variance from seawall to structural post supporting third
floor deck; and 3) Variance for setback from the seawall, however any issues regarding the
legality of previous construction or issues related to the CCCL must be addressed by respective
City/County/State departments, and to deny the request for a variance to allow spread footings
instead of driven pilings under the deck post. The basis for granting the variances is the board
finds that the seawall acts as a retaining wall and that the applicant's documents indicate that
there no supporting dead men or tiebacks on the seawall are affected by the proposed
construction. The motion was duly seconded.
In response to a question, the board declined Mr. Breeze's request to reconsider
approving spread footings under the deck post, contingent upon other departments' approval,
as it is the opinion of the Building Official and Legal Department that this is beyond the scope of
the board's authority due to recent Countywide agreements with FEMA and FDEP (Florida
Department of Environmental Protection).
Upon the vote being taken, the motion carried unanimously.
Adiourn
The meeting adjourned at 10:45 a.m.
OJ
C Ir, Board of Adju
Ilding/Flood Control
Building - Flood Special 2007-07-20
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