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01/16/1973i • i i AGENDA , BOARD OF ADJUSTMENT & APPEALS ON BUILDING LOOD CONTROL) j JANUARY-1-7-,-1973 2:00 P. M. ,r d y' _1 J J or da Clearwater 1, i Beach Hotel Company. 5OPandalay Ave., Clearwater Beach GL r ? , / f f 3 'r epre e tatPe: f McMullen; Everett, Logan, Marquardt & Cline, P. A. 2. FS'Associates, an OhioLimited Partrierf.hip/ f N.rner of . dlo k ,JUnai t,lan'd to es ?'? 1 Repr-&sentatYvLr' '-'Charles----F Robinson,-Attorney; 17.10--Drew'-St-: ;--CYearw-ater- ?.'. 3. Kenneth K. Donavan X ' 441 Palm. Island S.E., Clearwater Representative.' Joe Stanley, Builder ?vn '?T___ti?_•"`'i'?.__..___._.____w_- 4. Mr. & Mrs. Anthony Herzak 351 Palm Island N: E. Island Estates- Repruseiitative; Beaver Homes, Inc. ??r?.. . •. _ .. 5. •Mr. & Mrs. Bruce Lee ?,,:.?• ' ' 424 Leeward Island , Island Estates _ cv Representative; Beaver Homes 6. Monterey Homes, Inc. 5100 Lake Underhill. Dr., Orlando RE: Lot 1, Block 6, Mandalay Subdivision' -.? ' i Representative: Jack Demetree 7. John E. & Garnett S. Nelson Lot 30, Unit 8, Island Estates 773,Island Way , , ca?/YL-mot r .?'.- ?--•..c_.c,i..?t-?? Represen alive: Rutenber Homes BOARD OF ADJUSTMENT & APPEALS ON BUILDING (FLOOD CONTROL) JANUARY 1.6, 1973 MEMBERS PRESENT John Batstone, Chairman E. Walker John Logan J. R. Curtis E. Blanton F. Dean, Absent Meeting called to order at'2;00 P.M. by Chairman, John Batstone. The purpose of the meeting was to hear the cases requesting a variance from the City of Clearwater Flood Control, Ord. #1426, requiring floor elevations to be above the 1.00-year flood level as designated by the Federal Insurance Administration. In all of the cases on the agenda, these were isolated lots. The first case to be heard was Mr. Kenneth K. Donovan, who was present. Mr. Donovan requested permission to build his home at 441 Palm Island N.E., Clearwater, approximately 4 feet below the 100-year flood level. Letters from property owners on both sides of subject property were read, in which they expressed concern over the elevation difference as proposed in the Ordinance, stating also that the proposed elevation would not be compatible with surrounding homes. Mr. Donovan explained he had investigated the cost of flood insurance if he did not abide by the Flood Ordinance and,the cost would not be of sufficient amount to create any problem. After a discussion, it appearing after this duly constituted hearing that there are practical difficulties and unecessary hardships in carrying out the strict letter of the provisions of the flood Insurance Ordinance, as it affects such structure and that the same can be varied within the intent of the Flood Ordinance, it was moved by Mr. Logan and seconded by Mr.. Curtis that such appeal be granted in accordance with the application submitted herewith. Motion carried, appeal granted. The second case was that of Mr. & Mrs. Anthony Ilerzak, who live in Chicago at present but have contracted for a home to be built by Beaver Ilomes, at 351 Palm Island N.C., Island Estates. They were represented by Mr. Karl, Lieblong of Beaver Homes. Correspondence was read from the Ilerzongs, as well as two other property owners, in which all agreed the proposed flood elevation would not conform to other homes'in the area and pointed out that to build according to the Ordinance would also detract from the area and possibly the value of neighboring homes. Construction had already begun on this home and unforseen delays, such as the Flood Control Ordinance, would delay completion and cause undue hardship and expense to the lierzongs. It appearing that after this duly constituted hearing that there are practical difficulties and unecessary hardships in carrying out the strict letter of the Flood Ordinance as it affects such structure and that the same can be-varied within the intent of the Flood' Ordinance, Mr. Walker moved that such appeal be granted in accordance with the application submitted herewith. Motion seconded by Mr. Curtis. Motion carried. Appeal granted. The third case was that of Mr. & Mrs. Bruce Lee, 424 Leeward Island, Island Estates, who were also represented by Mr. Lieblong, Vice President of Beaver Homes. Ile stated to.obtain a variance to the Ordinance, requiring the slab elevation to be raised to 12-feet above mean sea level would not conform with the elevation of properties existing on either side and would result in hardship to the owners of the land. It appearing after this duly constituted hearing that there are practical difficulties and unecessary hardships in carrying out the strict letter of the provisions of the Flood Ordinance as it affects such structure and that the same can be varied within the intent of the Flood Ordinance, Mr. Walker moved that such appeal be granted in accordance with the application submitted herewith. Motion seconded by Mr. Logan. Motion carried. Appeal granted. The fourth case was that of Monterey Homes Inc. of Orlando, Florida. They were represented by Mr. Schwartz of 834 Eldorado, Clearwater. Beach, who represented Mr. Jack Demetree, the owner of the property. Snapshots of adjacent homes, as well as the lot in question were shown, and it was also pointed out,during the discussion that to deny the variance would create a hardship for one of the members of the family who has a heart condition.' It appearing after this duly constituted hearing S . A F that there are practical difficulties and unecessary hardships in carrying out the strict letter of the provisions of the Flood Insurance Ordinance as it affects such structure and that the same can be varied within the intent of the Flood Ordinance, Mr. Walker moved that such appeal be granted in accordance with the application submitted, seconded by Mr. Logan. Motion carried, Appeal'granted. The fifth case was that of Mr. & Mrs. John S.,Nelson, Lot 30, Unit'B, 773 Island Way., Island Estates. They were represented by-Mr. Ron Taylor, Sales Manager of, Rutenberg Homes. Mr. Taylor painted out that if applicant is required to build at the floor elevation required by F1ood.Ordinance, it will result in drainage problems for surrounding properties. Also, a requirement to conform to said ,Ordinance would prohibit applicant financially from constructing the planned residence. It appearing after this duly constituted hearing that there are practical difficulties and unecessary hardships in carrying out the strict letter of the provisions of the Flood Insurance Ordinance as it affects such structure and that the.same can be varied within the intent of the Flood Ordinance, Mr. Walker moved that such appeal be granted in accordance with the application submitted. Seconded by Mr. Curtis. Motion carried. Appeal granted. The Clearwater Beach Hotel Company who are proposing tbrbuild a hotel at 500 Mandalay Ave., Clearwater Beach, had made application to the Board for a variance from the requirements of the Flood Control Ordinance. This application was, removed from the agenda because the board felt that the regulations set forth by'the government state that a non-residential building had to either meet the floor'elevation (12-ft.) or flood proof from that elevation down. Mr. Cline appeared at the meeting and requested an explanation of why the Board could not hear his case. The Chairman explained to Mr. Cline why the Board felt that they could not hear his application. There being no further business to come before the Board, the meeting adjourned at 3:15 Y.M. John Batstone, Chairman E.- Blanton, Secretary