10/16/1974:??,'ti`;
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13,0ARD O AnJl1V'I' IMIT F. AnPEAIZ
( I bnD CONTPOL)
MTNUTUS Or 111:ra't. TNT, OCT.
nn i3l1I I.,m, i r,
1.6, 1974
CITY 11AL!, r:n"'USSION s'.00'1
MEMBERS PRESEIIT
John Batstone, Chairman
John Logan
Forest Dean
Edward Walker
E. Blanton, Secretary
Member Ab cnt
J. R. Curtis
The meeting was called to order by Chairman Batstone at 2:00 P.!1. Before
hearing the three (3) scheduled case, Chairman Batstone nade the follot;ing
announcement: So that you may aquaint yourself with the procedure of the
Board, the following will be adhered to:
('a) Statement of case by Chairman.
(b) Supporting argument by applicant, agent or attorney.
(c) Supporting argument by others at the hearing.
(d) Supporting written documents.
(e) Opposing arguments by persons at the hearing.
(f) Opposing.written documents.
(g) Rebuttal by those supporting appeal. (Other than anpl-cunt)
(h) Rebuttal by those opposed to appeal.
(i) Final rebuttal by applicant.
The first case on the agenda was:
Lot 5 - Block •5 - Han.dalav Subdivision - AKA 816 Eldorado Avenue. 'Is. Mart'Lia
Hurley, owner, was represented by Ronald Girard who requested a variance,
of-4' from the 100 year flood level. The reason for the request was to rmal:e
the floor elevation conform with adjacent construction. ?hr. Gi.ri-ird also
pointed that this is an isolated lot in a built up area. John Logan .made=. t4he
motion that upon consideration of the,appeal of Ms. Martha 1.urley frnr. t1le
decision of the Building Inspector concerning; Lc t 5 - Block 5 - `landalay
Subdivision it appearing, after this duly constit ated hearing that the firr-
'forcement thereof would do manifest injustice, and would he contrary to the
spirit and purpose of this code or public interest, I move that such appeal
be granted in accordance with the anplication'su )witted herewith, wit:l the
right to obtain a building permit shall cease after six (6) months from this
date. Motion teas seconded by, Mr. Dean and carri,d unanimously. Variance
granted.
The second case considered 'wTas that of. Jack Ecke nd, owner of the North 15'
of. Lot 26, together with Lots 27, 28, 295 30 and 31 together with the west-
erly half of vacated alley adjacent thereto, Block B - ls-t Addition to t?7 r zr-
water Beach Park, as recorded in Dlat book, 15, page 80 of tho Public record
of Pinellas County, Florida; together with Lots 9 6 10, and the easterly
half of vacated alley adjacent thereto -- Block.A - according; to,n Replat of
Block A and Lots 1 to 15 inclusive of Block B of Clearwater Peach 11;irk rir: t
Adittion, together with the inventory of personal proDerty located therein,
with the exception of the' •otrner's apartment, Trhich will he completely un--
furnished, AKA 1167 Mandalav !!venue. The applicant was repre ,enters t:v
Castag;na, attorney, who gave the following reasons for the. variance reniv!nt;
1. To require this strticture to be built on DilinR lrlvi.n- an
additional elevation of 6' would be economical iv unfea,ilAe.
2. It would be architecturally une nthetic in comparison t-.,ith ad-
joining improvements.
3. It would cretite a eriou. public sciFety factor.
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Pago Two
Whrn Chairman n.1trt nnt1 F1I:};(. 4I f 47 Z' `.ll?>*7Ct!' ?; l t3 f' t'1':`. t t't,Tl f14lt'SaTni?n'1 ; ? 7 }11? t'1(-!c rr1cr
read the follouinp latter t")'on t}1G :4;10- r:o):erc't. C:ort)nrrat. r)n, O t(!d Ci! pte ml (!r
20, 1074, to the Board of fl•iiv-,tt-,nt .inrl ?rne,al_ on tAua.lcl.ing of t11c C+. t'1 of
Clearwater:
Gentlemen:
The undersigned has anpl.i.ed to .?ou for consideration in granting of
a variance from the terra^ ?Ind provw ,i.o:1 , of- the '''lood control Ord-
inance of the City of Clc,ir't,:itcr for the above property.
The •undersigncd ac) :noc•rledgas to you that he has been fullir advi, c cZ`
the following fact,,
1) the fact rhat: the proposed structure bill he located in a flood--
' • prone area;
2) the first floor of the nronosed structure will hr, si factlfe 1ot•r
the 100 ge=ar Flood level d?'3i S n=atecl 11t! the Federal Tnaur?Tnce A,1-
ministration;
.3} the faet that flood insurance mites will. be increased onmmensur.a te-
ly with the extent of the deviation From sa d L0`1 year flood ,t?zrld-
ard. '
After being; fully advised and' informed of t}1e above se{ • fort}3 reacts, tile
undersigned requests that said application -For variance be granted afid
acknowledges that anv construction pursuant to. ,a iariance pranted t.?Lll.
be soley' at.'the risk.' and peril of the owner enri 'builder. The' under--
signed hereby absolves and 'reler-tses the Poard of .Ad iustment and' Appeal
on Building of the City of Cleart•rater collecti.vel.v and ind.ivicluall?, from any
and all liability or responsibility' on its behalf for the consi0erat:ion
and/or granting of such a, variance.
Very truly your s,
If. B. ilendirck
.When Chairman Batstone called for. otann•: i ng aVFUT:tents by per song at the
hearing, Attorney Jack [•Thite, represent=_nR '!i0icls Island Village Pharmacy,
Inc., Island' Estates, stated that his client u!as oDno sed to the granting, of
thevariance because, as he' interprets the r'ederal.insurance Administraticn,
Title 44, National rlood Insruance Pro-ran, insurance previous!y allowed
in flood-prone areas can he lifted ; f variances are indiscriminately grar.tecl.
Following discussion, at which time 1r, liatstone stressod the point of
compliance with the 100--near flood level or flood nr.oofing the structure
up to that level the flood nroofing procedure- would be as required hV the
Building; Department,'Tr. 7orest Dean roved upon •con sideration of the a ?pnr.l
of Jack Eckerd, from the decit;-.on of- the t?•ui Idi.n? "inspector r_cncerni.nP the
proposed building at 407 I!anda.Lav Avenue, Cleart•rater !?cach- it '3npe:aring
after this duly constituted heari.n , t},-:t the nnforcen. ent thereof, trould do
manifest injustice, and would be contr. =arv to the spirit Add nurnose. of this
code or public interest, I move that such appe=al be granted in accordance
with the -application submitted heretai th, ui th the rinht to obt=-ti n a 1)u ildi ng
permit shall cease a.f•ter six (6) months from this date. The motion was'
seconded by John Logan. The motion carried, t•rith Erlt•r=ard !-Ialke:r ahstaininf,,
Case number three waa renresen•cerd by `:very r'.7TiilE? • tfr. and Mrs . T)avi d (2,cist ,
owners of Lot 32 Unit 7C - Island Estates of Clcar?.,qter, AM 769 Harbor
Island. Mr. Ronne requested - a vari=ance of 3' U" -beloc•r the 71ood Control.
Ordinance •,11426. The reason for the rcelucr;t was to conforttt with the exi ct-
ing structures in the area. '4r. Ronne added t1h it this is are isolated lot
in a 98%• developed nrea. Eduard 1•:r?-llker matte the notion that, the requnst be
granted; Mr. John Logan seconded the notion and it carrinrl unanimoussly.
Variance granted.
The me tt ?d]ourned ],t 3:00 p.".
Chairma
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SapL-ember'- 20, 1974
0 111ir: i:._.. , ?CIC C1{1?Rn, C0RVORA`':?ON? ....?__....._ _. ?._ . __........ _.. ___ __...? ...
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f`,Illlt\Ir,,c, P. O. Box 4669, Clearwater., Florida, 33518 1'11oor 531-8911, Ext.' 276
(7P ,%:'i ). .M....-WILLIAM M._MACEUN'LIr;_..
P. Oa Drawer 2137, Clearwater, Florida,33517 442-5181
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1J:C+. J, 1 i.,?C:c11 > i,.l 0,01 The North 15.0.•.feet . Of, Lot 26, - _?
together with Lots 27, 28, 29, 30 and 31, together with.the westerly half of
vacated alley adjacent the?:eto, 131ock "B", FxRS7.' AUDITION TO CIlEAR1;?IATER IIEACH
''PARK, as recorded in -PJ.at }?001. 15,__pag? BC} o „i?l?e _public _records _of?Pindllas
County, s^Florida; TOG>;THER WITH Lots 9 and 10, and the easterly half of vacated
;1.11e,,y__adj.acent- there-to,_ B.luck__„A",__a.c.cQSding. _to_-?].2tRPLAT..QE LOTS.-
I TO .1.5 INCLUSIVE OF BLOCK ''II" OF CLEARWATER BEACH PARK FIRST ADDITION, as
?.?s?xded_in....plat_..l?ook.._2LN._page_2L.a?the_.pal?lic_.rec4.rds_.mf...II..inellas..?o.unty_,.._
Florida.
11AT1<t;;1: U A variance from the requirements of Section 7--9
.of the Clearwater City Code to permit new construction of a drug store at a.
,finished floor elevation of _6 feet- above mean _sea level and flood --d to
,an elevation of 13 'feet above _mean sea level as 'authorized by Section 7•-9 (b)
and 'Sect oi?? 7--10. of the Clearwater?Cif:y?Codeo ?S(?e attached Sheet)
-.-----•__ _ ____.. (See attached sheet)
CG (General Business)
.-....__.?...._..._.._.__.__._ ....._ ... ?._....?._.....___....?___.. JACK I;CKE- RD CORPORATION }
By: '
Vic(: President
{?Ulll?li? Ui }rLilti11J7i:i } '
VjcR'_Pres,ident.of -JACK.. ECIQ ID CORPORATION.,
dull: 1lie 3.1;tt l l.'1':i'i111S1 11ICI :rC.L f+ll(• ;11'[, LI'
,
iltld 1!1:1.1011:.
h::tl 1,r? i 1:+, (ll1 } ti' ;;.Ig1'1I
00 Mid C01'I1C•C. ( [0
L lif,'
HERBERT HENDRICK,
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F14+t't1 (A) :(.1ul 11r 111i:; 2U..1:I1 Septembc.i:...,_ .? 0.74
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APPLICATION 01" JACX i:c.'K :tt1) ('011100R11'.E';i.ON
Continua t1on . of NATURE 01P Rl?VIEST:
'Thd Applicant proposer to construct. -a drug store on the
promises described above which are also described 'zt 467 Mandalay
Avenue, Clearwater Beach, Florida. Section 7-9 (a) (d) requi.xes
ail new construction to have the lowest floor elevated to 1.2 feet
alcove menn sea level, which is the base flood -level of the 100 year
flood as designated by the Federal. Insurance Corporation and further
requires that it be elevated on adequately anchored pilgs or columns
to the said base flood level. Section 7-9 (b) provides as an
alternate that if built at existing grade level, the elevation up
to base flood level, together with, the tenant utility and sanitary
facilities, may be-flood proofed.
The City Building Inspector-had been interpreting Section
7-9 on areas that are already developed and built up to give him the
alternative to either,require building on pilings with the lowest
floor level at the base flood level (12 feet above mean sea level).
or to'build a grade level but with the structure flood proofed from
grade level to base flood level. The City Attorney's office has.
given an opinion to the City Building Inspector that authority for
flood proofing in lieu of building at base flood level can be
granted only by variance issued by the Board of Adjustment and Appeals
on 'Building .
The new shopping plaza on Island Estates presently consists
of a Publ.i.x Market and Michels.Phaxmacy, both of which were built
to the flood proofing requirement and not '.with the lowesL'flopr
level-being, anchored on pilings at 12 :Feet above mean sea level.
REASON FOR REQUEST:
The proposed building site is in the middle of a lar4e
built up area with'all surrounding improvements being built at'
grade level. To require this structure to be built on pilings
having an additional elevation of 6 feet would:
1. Be economical.ly unfeas ibl.e
2. Be architecturally unestlieti.c in comparison with
adjoining improvements
3. Create a serious public safetjr factor
Eckerd Drug Stores and its pricing policies give special
discount, in their drug department to the elderly and a high
1
porcentage of the patrons of its drug stores are senior citizens„
To require, the lowest floor level to be at the base flood level,
would require every exit, and entry to have ,3Laircases, 'thus' greatly
increasing the risk-of falling on the part of elderly patrons.
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G I , T .1. OF 'la ??C]l l[ Y L a.' 10, T?
i'oO7 OFFrICE Di X 4740
CLF_ARWATER. FLORIDA 33310
BUII.MUG BOARD OF October 3, 1974
ADJUSTMENT AND APPEAL
Re: Notice of Hearing -- Flood
John Batstone, Chairman Control Ordinance #1426
Forest Dean
Edward Walker, Jr.
John Logan
Gentlemen:
The City of Clearwater Building Board of Ar11 ustment and Appeal
has 'received written applications recluestinp, a variance - from the
City, of Clezrtilater Flood C antrol, Ordinance f?1426, requiring'
'flood elevations to be abc,ve the 100 near level as designated by.
the Federal insurance Adm:.nistration. `
You'are hereby duly notif4ed that there will be a meeting; of -the
Building Board of Adlu -• mvnt and Appeal to hold a. hearing; [•,ednes-
day, 2:00 P.H., October. It.,,• 1974 i'n the Commission Room,.Third
Flour of City Hall. A>anl.icants must appear in ner ann or be. re-
presented by a duly authorized r-af;ellt.
The following cases will be on the af?enda for your consideration:
Lot 5 - Block 4 Mandalay Subdivision
815 Eldorado Avenue, Ms. "artha, Hurley, Owner
Representative, ' Kenneth Paul. Malmstrom
North 15' of Lot 26 Together with Lots 279 213 1 29, 30 6 31
Block B - First: Addition to Clearwater Beach Park
JK-ick Eckerd Corporation, Owner
ReprercntRZtive, William M. MacKenzie '
Lot 32 - Unit 7C -- Island Estates Subdivision
Mr.. and tors: Dave Guist, 0%.;ners
Representative, Sven Ronne
Very truly yours,
E. Blanton, Secretary
Board of Adjustment and Appeals
EB: fo
CC: Jack White, Attorney At Law
William MacKenzie'
Sven Ronne
Kenneth Paul tlalmstrom
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Ct.FARWATrR; FLORIDA 33sic
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BUILDING BOARD OF.
ADJUSDIENT & APPEAL-
RE:- NOTICE CIF I1EA12ING - FLOOD CONTROL
ORDINANCE #1426
The City of Clearwater,Building Board of Adjustment & Appeal has received
: written. nnpli.cations requesting 'a variance from the City of 'Clearwater
Flood Control, Ordinance ;1426, requiring floor, elevations to,'be above the
100-?year flood level as designated by the Federal. Insurance Administration.
You•are'hereby.duly notified that there will be a meeting of the Building
Board of Adjustment.& Appeal to hold hearing
in:the City Conmiissi.on Room, 3rd floor, City Hall, Applicants inust appear
in person or be represented by a duly authorized, agent.
1
NOTE:
In order„for the Board to be properly informed, it is recommended the
following information must be furnished.
1. Show existing'elevati.on of seawall cap, street and Iand where structure
is to be placed.
2. Show approximate proposed elevation of first floor.
3. On isolated lots, snap-shots of structure on either side of subject
property would be helpful.
It will be necessary for you,to complete and sign the' enclosed Board of
Appeals form before the hearing.
E. Blanton
Sec. Board of Adj. & Appeals
at 1 % i 1 t.l i
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17
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- C I T "Y O F CL T A. R W. A T E R
e POST 0Fricr Box, A7aa
CLEARWATER,' FLORIDA -33518
BUILDING DEPARTMENT October 10, 1974-'
?
News Room
' Clearwater Sun .
301 South Myrtle Avenue
" Clearwater, Florida
Gentlemen:'
Please-insert the following announcement in your schedule of
meetings to beheld:
The Board of Adjustment and Appeal on Building will meet
Wednesday, October 16;. 1974 at 2:00 P.M. in the Commission
Room on the third'floor of City Hall to consider variances
F, of Flood Control Ordinance # 1426 on the following properties:
1. Ms. Mattha Hurley - 769 Harbor Island - Lot 32
Block 7C - Island'Estates'Subdi.vision
J 2., Jack Eckerd - N. 15" of Lot 26 together with tots
27;28,29,30,'& 31 -- Block B - First Addition to
Clearwater Beach Park.
3. Mr.-and Mrs. David sY4- 8i6 Eldorado Avenue
-
,
Lot 5 - Block 5 - Manda Subdivision
' Very truly yours,
. E. Blanton
Building Director
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