Loading...
11/16/19831. i 3 r S .. ,c::`3y,: ja+? ,. figs 'c ` ..? ,•5 s' F BOARD OF ADJUSTMEN'T' & APPEAL BUILDING/FLOOD CONTROL November 16, 1983 Members Present: John Logan, Chairman George Biron 'John Cornett Joseph Straub Edward Walker Also Present: W.' E. Tripp, Acting Director,-'Building Dept. D. C. Christiansen,'Ch'ief of Inspections The meeting was called to order by Chairman Logan at 2:05 p.m. One case to be heard. Pinellas_County Board of County Commissioners -- 315 Court Street. Requesting a 3 ft. variance from Federal,Flood Regulations so as to build'bath house facilities' at Sand Key Park at 10 ft. elevation. rather than at 13 ft. level,designated by flood regulations. Mr. Jim Terry presented the case for the County, advising that building at lower elevation would permit better access to the facility, particularly for the handicapped, elderly and infirm. Also building at lower ele- vation will permit incorporation of the facility into surrounding sand dunes, with variety-of plantings, including sea'oats and other beach vegetation, making the facility more aesthetically pleasing. County wi,11 not be applying for Federal Flood insurance - they are self insured. In response to,.Mr. Biron's question regarding the elevation' of the area surrounding the proposed structure, Mr. Terry advised would be graded somewhere in the area of 6' to'8' - and the area from lower elevation.to 10 ft.'elevation of bath house facilities would be ramped. To ramp to any higher elevation than 10 ft. would'necessitate longer ramps, at greater expense to County. Facilities wild. contain electrical wiring for lighting purposes only - no air conditioning or heating facilities are proposed. Structure, of course, will be unoccupied. Additional structures and facilities are proposed for Sand Key Park some time in the future and these will be processed through the City's regular site plan procedure as each construction phase develops. There were no.further questions and Mr.,Vogan asked for a motion. Mr. Walker moved with regard to the request for variance from Flood Insurance Regulations for a structure located at Sand Key Park,consis-ting of a bath house, the board finds it to be within its authority to act upon the re- quest and hereby grants the variance as requested. Motion seconded by Mr. Cornett and carried unanimously. Variance granted. P.7. . F . } a ,. LE lr Board of Adjustment & Appeal Building/Flood Control. November 16, 1983 Page 2 Mr. Christiansen asked to be heard with reference to a problem en- countered at,781 Bay Esplanade. On April 13, 1983 the Board had granted the now owner of the property a 4'ft. variance so as to construct a one story residence attached to an existing garage on the property, at an ele- vation of 8 ft., compatible with the existing garage and surrounding proper- ties. T-he Building Department has placed a stop-work order.on the con- struction as it has been found that the existing garage was razed and con- struction of the new residence was stirted.from scratch. The Building Department.maintains the flood variance was granted based on adding.on to the existing structure; the property owner contends this was not a con- aition of the variance; and the'Board is being asked to clarify. After a•lengthy discussion and review of the minutes, the Board ruled that.the variance was granted based 'an.the new construction being attached to existing construction and the consensus was that the owner should re- apply for an'entirely new variance based on construction as it is now planned without the existing garage. Mr. Christiansen was asked to convey this decision to the-owner and his attorney, who were waiting outside. Mr. Rogers Haydon, property owner, and his.attorney, Mr. John Blakely,entered the meeting and asked to be heard.. Mr. Haydon informed the board that it was his intent when lie applied for the variance to incor- porate part of the existing structure into the new construction. This also was his intent after the variance was grantee: bu-E it was never his belief that the variance was granted contingent to attaching to already Existing construction. He purchased the lot only after being granted the variance and it was later that it was determined to be economically impracticable to use any'of the original building. At that time a demolition permit was procured.:. Mr. Haydon expressed concern that to reapply for another variance .at this time would in effect be admitting that he did not have a proper variance to begin with when it is his contention that he did have a legitimate vary ance.' Mr.' Blakely addressed the board and contended if it was the board's intent that-the variance be granted with a condition, it should have been so stated in the motion. Further plans were submitted showing construction without the use of the existing garage .xnd a permit was issued. Also a demolition permit was secured. Mr. Blakely advised that mention of the -garage in the initial application for variance was to establish compatibility with surrounding structures', and he could not advise Mr. Haydon to risk re-- applyirig for a variance for fear that it would be denied and he would have abandoned his rights to the variance he feels he already has. 'The situation now is that be.has purchased the lot, constructed a swimming pool, and poured the foundation for the new residence and without the variance he is .faced with a'tremendous loss. More discussion followed between the board members; the applicant and his attorney. Mr., Logan repeated that it would be to the best interests of i ' . i 3 , F.4.4:. a .'n'1 ...11:. /. r. .•I'.l •., i. ,. i ! , - PS 'li?i; Board of Adjustment & Appeal Building/Flood Control' November 16, 1983 Page- 3 all concerned for the board to hear the application again, and it was final- lly agreed that Mr.. Haydon would re-apply for the variance stipulating on his application that he was not waiving his rights' under the variance pre- vio.usly granted. Mr. Haydon will proceed on that basis and upon receipt of his new application, arrangements will be made so that the Board•may hear his case as.quickly as possible. Mr. Haydon and Mr. Blakely,left the meeting.. Mr. Logan brought up question of how board should grant variances to build below flood control level where electric light switches; outlets, con-, venience outlets, air conditioners,`etc. are-involved. Florida Power will not raise their transformer or service drops above a certain height. Mr., Tripp,stated plugs and o,utlets'are not a major concern as there are devices to protect these -- the service entrance is the problem. 'Mr. Walker felt t'that.residential construction is not a problem under existing regulations - problem is With commercial structures. Considerable discussion followed > between board members regarding vague Federal Flood regulations consensus' is that board can grant variances.of a certain elevation•bufi motion should be made that applicant must meet all applicable building codes and flood regulations. Minutes of November 2, 983 reviewed and approved.. , eeting adjourned 3:25 p..m, ohn H. L an, Chairman ecording S retary BOARD OF ADJUSTMENT,& APPEAL BUILDING/rLOOD CONTROL Wednesday, November 16, 1983 ACTION,AGENDA 1. Public Hearings Action a. Sand Key Park, Sand Key- request for 3 f.t. Granted -`' :variance from.federal Flood Regulations for construction of public bath house. (Pinellas County) 2. Other Board-Action a. 781-783 Bay-Esplanade ---request for ruling by Applicant asked the bo,ard to determine if 4 ft.;variance from to submit new'.re- ,flood'regulations granted April 13, 1983 was quest'-for variance. contingent on applicant utilizing part, of 'an to be re-heard by existing structure for"construction of new Board. ". residence. Board ruled this was their in-- tent'. (Haydon ) 3. Unfinished Business a. Discussion between members regarding grant- Applicant must ing of variances in flood zone where elect- meet all applic-. rical outlets, switches, etc. involved. able building codes , and flood'regu-, lations. 4. Review of.minutes of November 2, 1983. Approved,as submitted. r I t 5. Meeting-adjourned F c 3:25-p.m. • r f 'i?;i'?'nt r I ',: •? [ r .'??P.i1'f t ':f:.S,y.Sa1'i?ti?•` ' 1`•f • t >1: ; ? 1 ? rTr "i''?? ski ° f .. ? , , 2e t, + • ? t J I ' ' ?r?y? '?•?'? x?4: f,.,.5 .?•rl•S ^?S?.rYl, )r '49?fy,?,lj,i 4, + ? 1 `' i} z I " ??'"i '1,?J ? ' ' ` '? ,? ' ? .. a ' }. ial ' } . i., 4C i . .r a!•f f, . a.,:+Y a. .a;; c . py: p ., ; ? , - .. - , , . a• - il ? e o ... ?t'.r :r r .. f? .?r13 BOARD OF ADJUSTMENT & APPEAL BUILDING/FLOOD CONT ROL Wednesday, November 16, 1983 ' AGENDA .' _ 1'. Public' Hbarin'g sand Key. Park, Sand Key -- request ing .3 ft. vi,ri.ange from 'Federal Fload; Regulations, ,to permit r:onstruc:tion ' M.. .. of: bath. house for use "by public. (Pinellas County)., l '. Representative -'Mr.' Jim Terry r '2. New or unfinished business, k 3. Review of, •14inutes bf November '2, 1983 9. Adjournment '• '' .: ' ' 'tl '.,?. i ,?•. -_ .. I' ' i ?}I? C? '`'?' ? F ' _ , .. ,. ,. .5 :. .:* .; "`•. __.. ... _.__._._.. __.-____- - .. 1 `.?, , ? .. 'F.' izr.i. ' + .'+l+i .:15' ? ? . Art r NOTICE' of PUBLIC ' fIEARING Board of Adjustment and Appeal on Building/Flood Control, Operations Center Conference Room, City Hall Annex, 10 South Missouri Avenue - Wednesday, November 16, 1963 - 2 p.m. To consider request: Sand Key Park, Sand Key -- 3 ft. variance from 100-year Federal Flood Regulations to permit construction of bath house facility for public use. (Pinellas, County) Florida Statute '286.0105 stares: Any applicant appealing a decision of this board must have a verbatim record of the proceedings to support such an appeal. Citizens may appear to be heard or file written notice of approval or objection with the Building Director prior to the Public Hearing. 'City of Clearwater, Fl, Lucille Williams, City Clbrk Adv. 11/14/83 You are being sent this notjce'if you are the, applicant or own property. within 200 ft., of the subject.property. , 'ry5v'i• 7 y ,r 41`?OSEplar,?C/T` ` I , . ... CLJ `Tr POST 0r F'ICC BOX 4740 EW '•"r, GI_EARWATER. FLORIDA 33518 November 9, 1983 BOARD CF ADj UST,4ENT AND APPEAL ON Ei,3ILDING/FLOCS?) CON TROL- r F r r , I 1 • e NC'T'ICE ' OF PUEL.IC HEAR y Nip A'reetinF, of ti cur .Board tc hear the cases as aYscribec in the .at-:;achea :':Uf-i-?e a.' tiubiic nearing has open scheduled U he head _? t:^.e' Operations Caner Conference Room_ Ci y ?'all Annex,. l0 South Missouri Avenue on: -Wednesday, November 'l6, '1983 '2 'p.•m. Ap_rlicans have been dui -*' notii iea and Vrill be present at thismeetfrg to present their requests for SiariancC s. ?." Very, ttruly yours W. .E. Tri Di rector ? Building inspection Department WET/]3 • , I . I i 1 F 'Equal Er-ploYmerlt ar,c' Afiirmctlvc`Ac iion Enpiuvc•" F , r !' . A 3fhti{j; I "- .. , .. , ts:f .: '/G i.. .` - ` - ' a'MP'?f'4 "fk?,a-AM ?;51 i ?I f 11 ? M. _ .• • - ,- ' 1 1 1 •' • 1 rtiSl `. ..-.. . . ?•ris , , `3l '1 , ' j - 1. •. . _ r _. n , .. r , . ... ,„f"i?.4 . , p??inr?,? -. ' fy C ' " ' I T.Y O r C L E A R Ur A T E R POST orrICE BOX 4740 • ? ? ???` , CLEAR,WATER. FLORIDA 33518 -7 ? ? November 17, 1983 Mr: Gene E. Jordon, Director of . '. ,... Public Works & Utilities . Pinellss County Board.of County Commissioners' 315 Court Street r Clearwater, Florida 33516 Res Construction of bath house - Sand Key Park, r Dear Mr., Jordon: Your request for a 3-ft. variance, from Federal Flood Control Regulations to,permit construction of bath house facilities at Sand Key Park. was heard by the Board of Adjustment and Appeals on Building/ Flood,Control on November 16,'1983, i:. The Board considered your request and found it. to be. within its authority, to grant the 3 ft. variance as requested. Very truly yours W. E. Tripp, A ing Director Building Inspection Department WET/j3 ' ' r t W < .. 't. .. ' .f" ,`.: : i is' f € .. ?ir?! SiyFf.,i?l?iN?,., r?`f •St°'• ... y.{ t l k? S, r, V ' , P . jt Y , I ' ' ' ' f 1 t , 1" • ,; l It ' t ' I ' ' , ' ! , • , 1 ' ' ; ' ?r.?t.Iv '. ? ' ' 1 1 , '. ' , ! - .i . l 1• y7 3 ' l y S 1. . r . C I T Y O F C L E A R. W A T E .R' Posy orrice: Box 4740 CLEARWATER, FLORIDA 335iS, 1 rr November 9,' 1983 Mr. Gene. Jordon, P. E. Director of Public Works & Utilities 315 Court Street Clearwater, Florida 33516 Notice of Public Hearing - Board of Adjustment & Appeal , on Building/Flood Control Gentlemen: y The Board hearing for which you"have applied and as described in the attached Notice-of Public Hearing, has been scheduled to be heard in the Operations. Center Conference Room, City Hall Annex , :' , 10 S. Missouri Avenue, Clearwater F1. on, •. , , Wednesday, November 16, 1983 -- 2.p,; m'. it is necessary that you and/or your represent-- ative-be,present" at this Board meeting to present your request for variance. Very truly yours, W. E. Trippi ector. -Inspection: Department BBuilding , 1 RJA/jj •+ I 1 'y k 1' !C'1 Ate' , , i •k ' I 1? I f I I?BOAT-ZD OF COUNT' COMMI?SIONN?F?? PINELLAS COUNTY. FLORIDA DEPARTMENT OF PUBLIC WORKS AND UTILITIES LNGINCERING • OPEIIATIONS • SOLID WASTC • WATrn •. SEWER - 1 315 COURT STREET ' COMMISSIONERS U, CLEARWATER. FLORIDA 33518 Phone: (81,3) 462.3251 BARBARA SHEEN TODD, CHAIRMAN ? JOHN C HESNUT. JR., V ICE•CHAI RMAN U, ic= GABRIEL CAZARES CHARLES E. RAINEY BRUCE TYNDALL M November 8, 1983 Board` of Adjustment and Appeals, Building/Flood Control City of Clearwater Post Office Box 4148 Clearwater,'Florida,33518 Re: Sand Key Park Gentlemen: The undersigned has applied to you for consideration in granting of a variance from the terms and provisions of the Flood Control Ordinance of the City of Clearwater for the above property. The undersigned-acknowledges to you that he'has been fully advised of the following facts: 1 - The fact that the proposed structure will be located in a flood-prone area; 2 - the first floor of the proposed structure will be 3 feet below the 100 year flood level designated by the Federal Insurance Administration; 3 - the fact that flood insurance rates will be increased commensurately with the extent of the deviation from said 100 year flood standard. After being fully'advised and informed of the above set forth facts,.the undersigned requests that said application for variance be granted and acknowledges that any construction pursuant to a variance granted will be solely at the risk,and peril of the'owner and builder. The undersigned . continued PINELLAS. COUNTY 18 AN EQUAL OPPORTUNITY EMPLOYER •i h ' :r,J??'?;??,{`uTr }y;,ttt:y?.!4; 'r, .t .. ,.. ,, . 'rr > .; a;' 'F• , ,r . 'rh'. r,'h ,1 t .. - ,. '' ' li 1 ` . •''. it u tE'?I?'Y,!'',.•i-'?h.r i::k .v. -ty'. 5--; "1 i.•1 ..x!. '...iv o . r I ., •.f 1- r 5 v..-i??`ht ' -2- hereby absolves and releases the Board of Adjustment and Appeal' on Building/ Flood Control of the City of Clearwater collectively and individually from any and all liability'or responsibility on its behalf for the consideration anal/or granting of.su?chh.a variance. We respectf - ?uest wliver of the $100.00 application fee. Appl-icant (Si rattf•d Gene E. Jordan, P.E. Director of Public Works and Uti1i.ties 315 Court'Street, Clearwater, Florida 33515 ; Address. 4 Iti '