01/16/1973i
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AGENDA ,
BOARD OF ADJUSTMENT & APPEALS ON BUILDING
LOOD CONTROL) j
JANUARY-1-7-,-1973
2:00 P. M.
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or da Clearwater 1, i Beach Hotel Company.
5OPandalay Ave., Clearwater Beach GL
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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
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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
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Representative; Beaver Homes
6. Monterey Homes, Inc.
5100 Lake Underhill. Dr., Orlando
RE: Lot 1, Block 6, Mandalay Subdivision' -.?
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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
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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