09/10/2008
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
September 10, 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: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
James Wagner Development Review Supervisor
Brenda Moses Board Reporter
The Chair called the meeting to order at 2:02 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 March 12, 2008
Member Shah moved to approve the minutes of the regular meetings of March 12, 2008,
as submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
It was noted that the July 20, 2007 meeting minutes also require approval.
Member Shah moved to approve the minutes of the regular meetings of July 20, 2007,
as submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
3. Continued Requests – None.
4. New Request:
4.1 Case: MIS2008-08001- 1160 Mandalay Point Road, Owners – James P Gills, III and Joyce
P. Gills. Representative - E.D. Armstrong II, Esquire- Johnson, Pope, Bokor, Ruppel & Burns,
LLP. Request: Waiver of Building Code requirement of an 18-foot setback from a seawall on a
waterfront at 1160 Mandalay Point Road. LOTS 16,16A, 17,17A FIRST ADDITION TO
MANDALAY POINT SUB. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 20, PAGE 71.
Representative Ed Armstrong said Dr. and Mrs. Gills request an 8-foot variance to allow
a 10-foot setback from the existing seawall where Code requires an 18-foot setback. He said
the house was built in 1951. The applicants have a pending application before the CDB
(Community Development Board) to demolish and replace the home. He said there has been a
significant increase in the amount of land on this property due to natural accretion over time.
The board has recognized that the seawall has been nonfunctioning for many years and has
previously granted similar variances to other homeowners. He said the neighbors support this
request.
Building – Flood Control 2008-09-10 1
In response to a question, Building Official Kevin Garriott said the CCCL (Coastal
Construction Control Line) has remained in its current configuration for the last several years.
Although flood maps were updated approximately two years ago, the changes did not cause this
property to become nonconforming. The house is in an A flood zone. Mr. Garriott said the City
has no objection to the request.
Discussion ensued with comments that the board had previously determined that the
seawall surrounding this area functions as a retaining wall and has granted several variances to
homeowners in this area. Architect Jordan Behar was complimented for an impressive project
design.
Member Shah moved to approve the request for a waiver of the Building Code
requirement for an 18-foot setback from a seawall at 1160 Mandalay Point Road, to allow a 10-
foot setback, as the board feels the seawall is nonfunctioning and serves as a retaining wall.
The motion was duly seconded and carried unanimously.
5. Other business
Mr. Garriott reported the next meeting is scheduled for 2:00 p.m. on October 8, 2008.
6. Adjourn
The meeting adjourned at 2:15 p.m.
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Board of Adjustment and Appeal on
Building/Flood Control
Building - Flood Control 2008-09-10
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