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08/19/1987I A,? ? . "r' : Ee. 1 • e i 1 1 BOARD OF ADJUSTMENT & APPEAL BUILDING/FLOOD CONTROL 8/19/87 Members Present: John H. Logan, Jr., Chairman ' Hank St. Jean ! Joseph. Straub ,• Also Present: Andrew Onufer,,fluilding Director Chairman Logan called the meeting to order.at 2:50 p.m. Three cases on' the agenda to be heard. 1475 U. S. Highway 19, South, Lot 193 (Mobile Home Communities - requesting a variance from'the requirement of the City of Clearwater Flood'Control- Ordinance, 1 for a finished floor elevation of 8.78 feet in lieu of the required,10.0 feet., 4 Case was presented by Curtis J. DeYoung of DeYoung & Associates, Inc., representing Mobile Home Communities and Bay Aristocrat Mobile Home Facility. Mr. DeYoung stated that the mobile home community is located on the uppor northwest corner of Tampa.Bay and has some 500 existing homes. The major portion of the development lays in the "A" Flood Zone, and a major portion of the mobile homes in the development are right at or just below (a font or so) the required 100-year flood plain. At this time, the community is experiencing the need to change out old mobile homes and replace them with new ones. The.need for steps creates a hardship on the elderly residents in the park., Also,'if there are two or three homes set higher 'than the others in the park, the.wind stress would be higher on that set of homes.: The majority'of the other homes in the park are now at the same elevation as what is being requested. Mr. Onufer submitted a letter by Rep. C. W. Bill. Young (see Attachment 1) regarding flood regulations to the Board'Members. Mr. Onufer stated that the City has always required that when mobile homes are replaced that they have to be at the higher elevation. A variance is permissible if approved by the Hoard, however, their flood insurance will probably be increased because they will be below the flood elevation and it will be considered a new structure even though it is b replacement. However, the letter from Rep. Young.states that the regulation implementation be delayed to September 30, 1988. Mr. Onufer called, FEMA, and they verified that the insurance rates may be increased, but that a variance would be permissible. Mr.'St. Jean questioned the wording on the application of "same lowest".' It was clarified by Mr. DeYoung that the mobile home would be at the same lowest floor .that it•is'at.now'for insurance purposes. The same elevation is requested as is there now--8.78 feet; no lower Further discussion ensued about letter.by Rep. Young and flood regulations. f BOARD OF•ADJUSTMENT & APPEAL BUILDING/FLOOD BOARD 8/19/87 Page 2 Chairman Logan called for a motion: Motion made by Member St. Jean, "With regard to the request for variance from the Flood Insurance Regulations for a (structure) mobile home located at Lot 193, 1475 U. S. Highway, South, Clearwater, Florida, the Board finds it within its authority to act upon the request, and hereby grants the requested variance of 1.22 feet." Motion seconded by Member Straub. Motion carried unanimously. Variance granted. Discussioniensued about need for certification by an engineer for permit and flood regulations. 502 Lime Avenue (Camelot Oaks Condominium).- requesting a variance from Chapter 39, Coastal Construction Code, to extend swimming,pool decking within 18 feet of a seawall, Representatives: John Ezell and Ida Ezell, Camelot Oaks Condominium J. Warren Hughes, Dynamic Realty Mr. John Ezell presented the case stating that they are requesting to extend the concrete pool deck into the 18-foot setback from the seawall, so that an adequate deck can be.provided around the perimeter of the pool and a pool,of a reasonable size can be used for this type of condominium. This will be a new swimming pool. This will be all kool deck. Sidewalk there.is existing, and. there: is an existing cap on the top of the seawall. The Health Department requires'a 5-foot deck around the pool.. The edge of the pool will be at 18 feet from the seawall, so a minimum of 5 feet will extend into the 18-foot setback, and they would like to put concrete all the way to the seawall. Discussions ensued about the tiebacks they will need to find out where they are, what condition they are in, etc. The tiebacks were checked and certified that they were in good condition about,four years ago. Discussion ensued that they will require periodic maintenance five or ten years from now and provisions 'will need to be made for maintenance. Discrosion ensued about deck drain on plans. Water goes through drain into' retention pond. Fool will not interfere with tiebacks as far as is known. 'Motion made by Mr. Straub, "Mr. Chairman, with regard to the request for a variance from the Flood Insurance Regulations for a pool neck located at 502 Lime Avenue, Clearwater,,Florida, I move that the Board finds it to be within its authority to act upon this request, and hereby grants the requested variance with the,following conditions: That there be adequate tieback inspection places provided." Motion F seconded by Mr. St. Jean. Motion carried unanimously. Variance granted. 756 Snug'lsland (Ulgen) - requesting a variance from Chapter 39, Coastal Construction Code, for construction within 18 feet of a seawall. BOARD OF ADJUSTMENT & APPEAT, BUILDING/FLOOD BOARD 8/19/67 Page r Case presented by -Mr. Tim Tennant of National Fools, representing Dr._Ulgen. Mr. Tennant stated that this item had'been previously submitted to the Zoning Board for ,a variance, which was granted.' House was sold to Dr. Ulgen on,-the condition that a pool could be installed, after approval was given by Zoning. Then upon applying for a permit, they found that another variance was required. Letters were submitted by*neighbors stating that they had no objection to the pool. The pool is being kept thin toward the deep end. -They have taken out an existing patio :in the back to allow better drainage toward the seawall and to comply.with the lot coverage law. Inspection of the seawall and deadmen'should be relatively easy. They are not encroaching or covering any of the deadmen in the back. Chairman Logan again stated that provisions would need to be made for inspection of the deadmen, etc.',' if required. Mr.' St. Jean questioned the wording on the "Nature of Request" on the-variance application. It was agreed that the following wording be added to "Reason for Request": "...for pool deck and screen enclosure." Chairman Logan called for a motion. Motion made by Member St.'Jean, "Mr. Chairman, with regard to the request for variance from the Flood Ordinance Regulations for a structure, in particular,,a screen enclosure and a pool'deck, located at 756 Snug'Island, Clearwater, the Board f.i.nds'it within-its authority to,act upon"the request, and hereby grants the variance with the following conditions: That'the applicant provide to the Building Department satisfaction that. provisions for deadmen inspection 'mai ntenance (wi11'be made)." Motion seconded by Member Straub. Motion carried unanimously. Variance granted, Meeting adjourned at 3:20 p. in. hn•H. Logan, r '' :,hairman Recording Secretary 1 C.W. BILL YOUNG ` blN DIt1?KT. FlL`+IOA ' ututt?G _... ?.puylTTii Q*f APPROPRIATIONS SUICIDUMM91 0" HAT30NAL DEFENSE 1 "A'Ir_ffMENT 1" ` Crottgr'CO o t a ni ?? tate? Pout of Repracntatibt? Ma bington, 0C 20515 July 13, 1987 2407 IIAYIUNP4 SUII0IRG w?seu.csorl, aC 20515 01STRiCT DOME: Suin 627 144 Fasi Avtmut, Sou1N ST. P111RSluRG. FL 33701 SvIYE 605 601 WEST BAY DRIVE Uno, FL 34IS40 3 'N J- `'SJ- ° RECENED L'DILDNO DEPART14ENT O Y OF C.l_FApWATE:F? Mr. Thomas L. Merrell ?? ?? 9 - •r,^ 7 Assistant Corporate Secretary Wilder Corporation t'r 3040 Gulf to Bay.. Boulevard ??•??--%?1?21?'?ll,•I?I+) Suite 101 ' Clearwater, Florida 33519 Dear Mr. Merrell:' In an effort to provide you with a final update on Federal Emergency Management Agency flood insurance regulations for mobile home parks, 1-thought you would be pleased to know that on Saturday, July 11th, President Reagan signed Public Law P.L. 100-71; the 1987 Supplemental Appropriation'Bill; which -'' includes a provision directing FEMA to delay implementation"of these regulations.-,. As you will recall from our previous correspondence, after learning of proposed regulations that would have.required new mobile homes placed in existing mobile home parks to be elevated above the base flood level., several of my colleagues and I, as- members of the Appropriations Committee, added the provision to the Supplemental Appropriation Bill to delay implementation of these regulations until at least September 30, 1988. This gives mobile home park owners an-opportunity to provide'Congress and FEMA with more information about the serious economic ramifications of these regulations before FE14A makes a final. decision on this matter. I look forward to receiving this information about these proposed ' regulations and you can be sure I will continue to closely follow this matter if it is again raised by FEMA. With best wishes and personal regards, I am Ve ruly yours, C. W. B' 1 You Member of Con ess 1 w 1 r .._ " 1? ..l . . Federal Emergency Manage., ent Agency Washington, D.C. 20472 AL 14 1987 MEMORANDUM FOR: Aaroldd F E UT OFFICER FROM: T. Du yee, ministrator Federal Insurance Administration RECEIVED GUILDING DEPA?CrMIrNT crot nt= C'I FAmIF,Ip"rT-:* R r ' g 1If?11 ? ti?? )DIG SUBJECT: Suspension of National Flood Insurance Program Rule Revision Regarding Existing Mobile Home Parks or Subdivisions Enclosed for your information is a Federal moister notice, published on June.30; 1987, that suspends the revision to National Flood Insurance Program (NFIP) regulations which became effective October 1, 1986, regarding the elevation of manufactured homes placed or substantially improved in existing mobile home parks and'subdivisions.- Although the Federal Register-indicates that the'suspen- sion will'.expire on March,31, 1988, the Supplemental Appropriations Act of 1987 (B.R. 1827), signed into law as P.L. 100-71 on July 11, 1987, continues the...'_ suspension through September 30,' 1988.. All other provisions of the October 1, 1986 rule revision remain in effect. Your community's floodplain management-,, ordinance may be affected by this notice.- The reason for this suspension is to allow for additional public comment an the impacta of the October 1, 1986, rule revision on owners of existing mobile home parks, owners and renters of individual manufactured homes, government expenditures, and public safety. I encourage you - to provide your insights on this issue.- Additional information is contained in the supplementary information in the Federal Register notice enclosed. Prior to„_the October; 1;,_ 1986;' rule„ -mobile homes generally."could-be; W placed. or substantially improved in an existing mobile._ home...park- and,,subdivision without_bieing.,elevated,to,or.above„the base'flood elevation..µ Existing mobile home parks and subdivisions were defined to include those for which the construc- tion of the facilities servicing the mobile home lots was completed prior to the adoption of local floodplain management regulations. The October 1, 1986, rule revision eliminated this "grandfathering" by requiring, at 44 CPR 60.3(c)(6), the elevation of all newly placed or substantially improved manufactured homes regard- less of the age or status of the manufactured home park or subdivision. The attached notice suspends that provision and restores the "grandfather" provision as it existed prior to October 1, 1986 for existing mobile home parks and subdivisions. This is done by temporarily adding definitions of "existing manufactured home park or subdivision" and "expansion to an existing manufactured home park or subdivision" and temporarily adding a new provision at 460.3(c)(12). Your community will fall into one of the categories below: 1. Emer enc Program Communities With No Flood Hazard Boundary Map (FEBM) - No action is required. F 2. Regular Program -Communities th, and No Flood Insurance Rate M41 have No Special Flood Hazard Areas (NSM FIRM) - No action is required. V1 kf 2 _ 3. All Communities with a Flood Hazard Boundary Ma (F'HSM) or a Flood Insurance Rate Ma (FIRM) -- These communities must meet 360,.3(b), (c), (d), and/or (e) of NFIP criteria. Communities which do not have base flood elevations provided by FEMA (460.3(b) communities] are affected in those instances when base flood information is available from other sources in accordance with 160.3(b)(4). a. Communities that have already incorporated the October 1, 1986 rule into their ordinances: With respect to existing manufactured home parks or subdivisions, you have,two';.options: (i)_retain.,in'your'ordinances provisions that meet the.` requirements of §60.3(c)(6)' of the' October...1,'.,1986;- rule revision;-.or (ii)...` amend youF ordinance" to. meet the requirements as: modified by ,the,- attached, Federal Re ister notice and P.L.. 100,-71:-•.If you choose to' do option ._(b)-l" ' y9u,,.wil1,.,have to'include in your ordina nce-definitions .of. "exi'sting- -,." manufactured.home park or subdivision"_ and.-"expansion to'*dn"existing' manufactured home park or subdivision" as cell as the new". provision' S 60' 3(c) (12) : b. Communities that have not yet incorporated the October 1, 1986 rule revision into their local ordinances: You are reminded that FEMA indicated in the supplementary information in the final rule which became effective October 1, 1986, that subsequent to April 1, 1987, communities would be suspended from the Program on 90 days prior written notice for failure.to adopt the rule revision. FEMA will be proceeding with the review of local ordinances to ensure compliance with provisions of the October 1,'1986, as modified by the attached suspension notice and P.L. 100-71." With respe'ct'to existing manufactured home parks and subdivisions you have the same options as in (3)(a) above. You may either adopt provisions in the October 1, 1986 rule revisions or the requirement as modified by the attached Federal Register notice and P.L. 100-71. ' For those communities that do not contain "existing manufactured home parks or subdivisions" and which'are unlikely to annex such parks or subdivisions, FEMA strongly recommends that the provision that became effective October 1, 1986, be retained since that provision is simpler and easier to administer. If you have questions regarding how this notice affects your community or if you need assistance, please contact the agency in your state responsible for coordi- nating the NFIP or the.appropriate FEMA Regional Office. The addresses of the FEMA Regional Offices and the States which they serve are attached. Please sub- mit copies of your amended ordinances to your FEMA Regional Office for review. Again, I encourage you to provide comments as indicated in the Federal Register notice. I appreciate your continued cooperation in addressing this difficult issue. Attachment Il 5 r . ? 7 E, f i FEDERAL EMERGENCY MANAGEME14T AGENCY REGIONAL'ADDRESSES REGION I REGION II CT, ME, MA, NH, RI, VT NJ, NY, PR, VI FEMA REGION I FEMA REGION II 442 J. W. McCormack'POCH 26 Federal Plaza, Room 1337 Boston, Massachusetts 02109 New York, New York 10278 (617) 223-4741 (212) 264-8980 REGION III REGION IV DE, DC, MD, PA, VA, VIV AL, FL, GA, KY, MS, NC, SC, TN FEMA REGION III FEMA REGION IV Liberty Square Bldg., (2nd Floor) 1371 Peachtree St..N.E. 105 S. Seventh, Street, Suite 700 Philadelphia, Pennsylvania 19106 Atlanta, Georgia 30309 (215) 59.7-9416 (404) 347-2400 REGION V REGION VI IL, IN, MI, MN, OH, WI AR, LA, NM, OK, TX' FEMA REGION V FEMA REGION'VI 300 South Slacker Drive, 24th Floor Federal Regional Center, Room 206 `Chicago, Illinois 60606 800 North Loop 288 (312) 353--8661 Denton, Texas 76201--3698 (817) 898--9127 REGION VII REGION VIII IA, KS, MO, NE CO, MT, ND, SD, UT, WY FEMA REGION VII FEMA REGION VIII 911 Walnut Street Federal Center, Building 710 Room 300 Box 25267 Kansas City, Missouri 64106 Denver, Colorado 80225-0267 (816) 374-5912 (303) 235-4811 REGION IX REGION X AZ, CA, HI, NV AK, ID, OR, WA FEMA REGION IX FEMA REGION X Building 105 Federal Regional Center Presidio of San Francisco 130 228th Street, S.W. San Francisco, California 94129 Bothell., Washington 98021-9796 (415) 923-7175 (206) 487-4682 Telephone numbers listed are those of the Natural and Technological Hazards,Division (NTHD) in the FEM A Regional Offices. National. Flood Insurance Program-related correspondence should be sent to the attention of, the NTHD Chief. P ..?.: ... --.. •1 - . .. .. « ;;;::n. . ?„ :,,' _ _ :r Tuesda , . .... ??- : . •. w...ra•«y;;',a..•?..-;;Y.Sw•.•...,??w.. i...in ? ` .... . . '_' .: ;;, June 30 y987 . ' ,. ..,.., .._ .,,• _??.., ,a,I:. «,..t:. r+c'•.. .,.,a:, l?,•.: y " , .. . - 1. 1. .. r.. ta.f ,IT..??1 ..?-E'.l /'h •. . r • 4 t 7 ? ? • • .._ _. 7'1` - -'- •i' -• - r: ? .•. "?.?. 's:.:r.r-'= . ... .. :r.. .. , .... - .-- .. ,_. .... . ,,...,r:- _ .r?_. ,;t,< ., ,....... .,. ....fig, .. ...... ..__ ,r' ._ ._ ... __ ..,., _..... _..._.r...... ' I . ?5 ...« , ' . _ • _. . ._.. .. ..- ..... ... -.?_ ..? -..? . ' . . .. . F?? • ?.r?.?? JP.1K'.r?Ai'IJC?u[N1r 4 ..+....?++..?5'?1 r4dfTYtir'::k'?!•?xiS'??.L??,1? , ? . 1. ??,..? ., " . . ' •• ._ . ......, .,_ .....,_ .. ? . ':r:::. -.. Part I I - ' .+' ? ... , '..,',.. , , . . . :,.• ... :::.,. ,, : :::.. Federal ,d er ency. :. ,:?f•. . anammentAgency re' 44 CFR Parts 59 and 60 National Flood Insurance Program; Evaluation Requirements for Manufactured Homes in Existing Mobile Home Parks or Subdivisions; Suspension' of Rule and' Amendment of Rule-With Request for Comments. -?----__'___.__---?•___.._.,?_??l.c..-rr..,.....,.,,. .......... . ..... ' .. .':?:t?S;iii=f',:Stu%'?.wc:,t:.ti•ia.s?k,ix:....,_ 24370'4 ' redern], Register / Val: ?a: 125 / Tuesday, June 30, 1987 / Rule A Regulations FEl7EFiAt EMERGENCY--: ; :• _M_. ;-- -;.. parks or subdivisions. Thule prior . MANAGEMENT AGENCY..-.,.-. requirements; are reslored by adding two . :?xa c.; ., ,:..? :•- ?......,:...,•.... .., :adding ?:,:.:... definitions to § 59.1 and by 44 CFR Parts 59 and 60 - § 60,3(c)(12) which establishes the-:? [Docket No. FEMA-F1AI' : . .'• elevation requirements for •:-?-• : , _ manufactured homes. Comments are:tj;- ' "" National Flood Insurance Program;' cts of Ilia October' requested on the ImPa • , Elevation Requirements for 1, 1006, rule revision on owners or,-.r:-*.-.. - Manufactured Homes In Existing existing mobile home parks or ' • . ` Mobile Home Parks or Subdivisions; subdivisions, owners grad rcnlers of :? .. . Suspension of Rule and Amendment individual manufactured homes, ---': of Rule With Request for Comments • government expenditures, and public .- :... ..__.. _._•_._..? _.._ _...:._ __._ .__ ._ _ safety as well us on alternative AGENCY: Federal Emergency approaches for the resolution of Management Agency (FEMA). problems related to the hazards posed" LACTION: Suspension of Rule;" by the location of these existing mobile r Amendment of Rule with Request for . home parks and subdivisions in.. ... Comments:,-- floodplain areas; SUMMARY: This nonce suspends' ' -'-- revisions to National Flood Insurance Program (NFIP) regulations regarding " the elevation'of manufactured homes placed in existing mobile home parks and subdivisions in special flood hazard areas which became effective an October 1, 19813 until March 31, 1900 and restores certain prior provisions. Iri order to seek additional public input, comments are requested on the impacts of the October 1, 19no rule revision on owners of existing mobile home parks, owners and renters of individual mobile homes, government expenditures, and public safety. „ EFFECTIVE DATE: Suspension of the rule rind amendment of the rule are effective' from June 30,1907 until March 31. 1988. Date for comments: Comments must be received on or before August 31, 1967. ADDRESS: Send comments lo: Rules .. Docket Clerk, Office of General Counsel, Federal Emergency Management Agency. 500 C Street, SW., Washington, DC 20472.. . FOR FURTHER INFORMATION CONTACT: Michael F. Robinson, Federal Emergency Management Agency, Federal Insurance Administration, 500 C Street, SW., Washington, DC 20472; telephone number (202) 646-2717. . , SUPPLEMENTARY INFORMATION: The revisions to National Flood Insurance Program (NFIP) criteria which became effective on October 1, 1906 in part required the elevation to or above the base flood elevation of new placements, replacements and substantial . . Improvements of manufactured homes In existing mobile home parks or subdivisions (those mobile home parks and subdivisions established prior to the adoption by communities of ffnodplain ' management regulations). This notire,'x suspends implementation of this . provision until March 31,•1:l6fl and in the Interim restores prior requirements regarding these existing mobile home Background - • - Tlie Oclolicr' i;19f}Q eyision"? eliminated is provlsiort in NFIP;-?-P floodplain management criterfar which allowed for the replacement, new - .. placement or substantial improvement of mobile homes In existing mobile home parks or subdivisions without . . meeting any elevation requirements. . This provision had been added to NF1P criteria in a rule revision which becttmd effective on December 1, 1976 (41 FIR 46960). From December 1, 1976 until October 1, 19f16 mobile homes placed in existing mobile home parks and subdivisions constituted the only form of housing not required to have the lowest floor elevated to or above the base hood elevation where such elevations were provided to 'lie . community. This provision has been commonly referred to as the '.grandfathering of existing mobile !tome parks and subdivisions". Conventional residential structures and mobile homes - placed on tots outside of mobile home parks or subdivisions, in new mobile home parks or subdivisions, in expansions to existing mobile home' parks and subdivisions rind in existing mobile home parks in which the park infrastructure was repaired, reconstructed or Improved in excess of 50 percent of its value all had to meet the elevation requirement. New non- residtintial structures have to be either elevated or floodproofed to the base flood elevation. The rationale for this special treatment of existing mobile home parks was that the mobile home park operator's investment was In Ilia roads, utilities, accessory structures and mobile home pads and not the mobile homes themselves, which are usually owned by individuals who rent sites. In ' many older mobile home parka the sites were so crowded together that there was concern that the elevation of individual replacement mobile homes would not be feusible and sites would have to be eliminated, On March 20, 1966, FEMA published a proposed rule `-' in tho Federal Rogisler (51 FR 10742) that included a series of changes to NFIP criteria that would Incorporate Ilse term - "manufactured home" in lieu of "mobile home" and that would eliminate most of ilia distinctions between mobile homes and conventional structures such Its Ilia prohibitions on the placement of manufactured homes in ilia floodway and in constal high hazard areas (V- zones). As part of this overall revision, the proposed rule removed ilia. provisions that had allowed ilia replacement, new placement or substantial improvement of mobile homes In existing mobile home parks or subdivisions without elevation to the base flood elevation. All newly placed or substantially improved . "manufaclured homes" would have to be elevated to or above the base flood elevation regardless of whether or not the mobile home park or subdivision was in existence prior to the adoption of the local floodplain management measures. The rationale for elimination of these grandfallier provisions was expressed in the Supplementary Information in the proposed rule as follows: The elimination of these grandrather ' . provisions will not only make the NFIP ireatmrnt of "mnnufurlured hornes consistent with that accorded to conventional structures, but will also result in reduced flood losses to owners of "manufactured homes:" in addition, there will be savings to the federal government through reduced flood Insurnnce claims payments and disaster assistance. Post-disaster Interagency Hazard Mitigation Teams chaired by FEMA have Identified a number of instunces where large numbers of mobile homes in mobile home parks have been destroyed by floods and then replaced by new non-elevated mobile homes, These mobile homes in turn were destroyed by floods and again were replaced by non-elevated mobile homes. Three of ilia retrnrts of these Hazard Afitigation Teams have recommended that this cycle be broken by eliminating NFIP grandfather provisions for existing mobile home parks. This conclusion Is supported by NFIP Insurance claims information which Included numerous 'examples of multiple claims paid to a single policyholder for mobile homes. On u number of occasions the claims payments have been used to purchase a more expensive mobile home, increasing the potential for larger flood losses.'rhese documented examples of repetitive losses due to the grandfather provisions were limited since only eight years' of claims can be i mulyzed, The problem could become more serious due to the large number of mobile homes lit existing mobile home parks that have not yet been flooded but are likely to be in the future. For example, one Florida county has approximately 7,000 "mnnufuctured homes," most of which are in LF'ednral Restcr ?. fit, No. 125 'fuestiay, Jurte 30,` 143fl7i i Rules find Regulnlinns 24371 - ;--?•:_; ;.- existing mobile, home parks Find under ilia _.?_ " . conflicts in terminology into the=z.._'=1' - streets, utilities or pads In the existing;- grandfather provision. :. • -••, - • All or these structures are loculed In areas regulations or rescinding now, ' requirements that apply to conventional , manufactured home parks equals or ". exceeds 50 percent of the value of the ! th storm . at are likely to be nouded by hurricane o l l construction, In particular, the lrrm " streets, utilities, or pads. These - - w structures arc n a in Fired by private mobile home" has been replaced by. provisions were contained in § 60.3(c)(5) - - insurers, they are generally eligible far NFIP "manufactured home" throughout NhIP of NFIi' criteria print to the October 1, flood insurance cnveruge.These structures- criteria and a provision regulating titan effective date of the rule revisions. and those the NFIP currently Insures.: ' ' .. - mobile home parks at paragraph The addition of the two'definitions, represents a significant liability to the - .:".•. 60.3(c)(5) has been replaced by a and the new § 60.3(c)(12) wilt have they taxpayer unless the grandfather provisions ' provision requiring that openings he affect of temporarily restoring the'- ...., _ _ eliminated..:: ,.. , Eire placed in ilia walls of enclosures below grandfather provision to that which Copies of the proposed rule were'. m - ' the base flood elevaation. FEMA has developed a ' As a result existed prior to OclaUer 1986, It niusi ailed to approximalely 17,000 , • participating communities and made , new § 60.3(c)(12) that has lice effect of be emphasized that ilia elevation requirement continues to apply to all t s.i:..•., available to various organizations with restoring the grandfather requirement manufactured banns placed or, interests in floodplain development. Of "' - without introducing other conflicts to the regulations First a definition of - •• subslraaitially improved outside of..:.. the 61 comments that were rereived on ` the rule only 14 specificully addressed . , existing mrinufartured home park "or manufactured homc parks as well as those placed In manufactured home i the elimination of the grandfuthering of Section- su 1di Existing n" I mu nn Pa added park parks established after ilia dille of existing mobile home parks, Of Ilia 19 or ns a Js adoption of the floodplain management comments, 6 supported and 7 opposed the change and 1 comment was unclear.. nUfaClUred h oma e park k or f c l regulations of a community, In addition, all manufactured homes placed or Although comments were received from or which the lia constructioo for whin of facilities including utilities final grading or substantially improved In existing - ' ' ' I two organizations representing various Aspects of the manufactured home , pouring of pads and the construction of mobile home parks and subdivisions continue to be subject to the anchoring industry, no comments were received ' streets it; completed before the effective date of Ilia (loodplain management provisions at § 60.3(U)(8). , from the owners of individual mobile home parks. In addition n comments regulations adopted by the community. Impacts of the Suspension of the Rule . , raised issues'rclated directly to The term "existing manufactured home " Revision on Communities _ potential adverse economic impacts on park or subdivision Includes the sane parks'and subdivisions as were included The provisions in the preceding ' the owners of existing mobile home parks or subdivisions. Based on its' in the term "existing mobile home park " paragraphs will impact on certain". - communities NFIP criteria at § 60 " 7'' belief that the continuation of the,', or mobile home subdivision prior to ilia October 1 1966 rule revision. ' . . . require that communities revise their ' grandfather provision could no longer be • , In addition a definition of an floodplain management ordinances to' justified and on the minimul comment, , „expansion to an existing manufactured comply with revisions to NFIP I:EMA published a final rule on August home park or subdivision" has been regulations within six months of their •- 25,1966 (51 FR 30291) with an effective added. This term means the preparation effective date. The deadline for adoption date of October 1, 1980. Subsequent to of additional manufactured home sites of ilia October 1, 1986 revisions was that October 1, 1986 effective date; in an existing manufactured home park April 1, 1987, litany communitlea concerns were raised about the or subdivision beyond those that had completed adoption of the revisons by • potential adverse economic Impacts of been completed prior to the effective this date. These communities have the ilia rule provision on the owners of date of the local floodplain management option of either retaining the new ' existing mobile home parks and regulations, The definition of . provisions tit § 60,3(c)(6) of the October subdivisions. The purpose of this notice „expansion to an existing manufactured 1, 1080 rule or restoring the grandtather is to suspend implementation of the home park or subdivision" is the same provision by again revising their provision to allow for additional as that of "expansion to an existing - ordinance to include the provisions of comment and analysis to address these mobile home park or mobile home § 60.3(c)(12) contained in this rule. concerns. , subdivision" us defined prior to the FEMA strongly recommends that Description of Action October 1, 1980 rule revision, communities which do not currently. Finally, a new § 60.3(c)(12) Is added contain existing mob0a home parks or This notice of suspension has the which requires that all manufactured subdivisions and which are unlikely to effect of suspending those provisions of homes to be placed or substantially annex areas containing such parks or The October 1, 1986 revisions to NFJP . Improved In zones Al-30, A.E. , and AI•i subdivisions, retain Ilia October 1. 1986 regulations which require the elevation have their lowest floors elevated to or provisions, Those communities which of new, replacement and substantially above the base flood elevation. First, a linve not yet incorporated the October 1, improved manufactured liames In - sentence has been added clearly stating 19110 rule revisions into their ordinances existing mobile home parks and . that the elevation requirement in that should initiate action to do so" subdivisions until March 31, 1088. The paragraph applies to manufactured Immediately since they are in violation October 1, 1986 revisions contained homes placed or substantially Improved of NFIP criteria and subject to ' extensive amendments to regulations in expansions to existing manufactured suspension from the program. With affecting all aspects of the NFIP ' home parks and subdivisions. Second, it respect to regulations applying to including a number of changes affecting -sentence has been added that states that existing manufactured home parks and manufactured homes that are not ilia requirements of the paragraph do subdivisions, these communities may currently at issue. FEMA cannot restore not apply to other manufactured homes either adopt the provisions meeting ' the grandfuthering of existing mobile I)faced or substantially Improved in § 00.3(c)(12) of the October 1, 1966 rule home parks and subdivisions merely by existing manufactured home parks or revision or adopt provisions that meet suspending sppcific items in the October subdivisions except whore the repair, the provision as modified by this notice. 1,1066 revisions without introducing reconstruction, or improvement of ilia Communities are reminded thut FEMA -- 7,4972` Federal RCgislec ? Vol.(" No- 125'/ Tucsdtly,' fund 30. 19117 / Ib," and Regulations ... mo = ,.: ? w.... ,-,:.._....._.., ._ -.__.. - .. lameninry.. - `." indicated in the Supp prep tired. An environmental impact b. BY adding alphabetically. a -" "- Information in the final rule which' --==-,'-= - statement was prepared an the rile' -- • definition of "Expansion to an existing =.: became effective October 1. 10M that which became effective on December 1, manufactured home park or subsequent Io April 1,107 they would '-= 1976 and an environmental assessment , subdivision" is read as follows: - be suspended from the Program on 90 was prepared on the revisions which "Expansion to an existing,.. days prior written notice for failure to became effective on October 1, 19M manufactured home park or - • adopt the rule revisions. FEMA will be- . ' . Both contain tin analysis of the imparts subdivision" means the preparation of proceeding ' Ith ihe.rev,iew of local .,... of the revisions in this rule. An additional sites by the oonstrtctinn of ordinances to ensure compliance with. environmental assessment will he .: facilities for servicing the lots on which provisions of the October L 1966 :- - prepared on any future rulemuking :.:? the manufactured homes are to be revisions other than those dealing with which results from FL' MA's review of affixed (including the installation of existing mobile home parks. and - the Impacls of the October 1. 1986 ntle utilities, either final site grading or' -' subdivisions. FEMA will begin Issuing- • revision.---.• •'. .r•- .. , . •: • _ • pouring of concrete pads, or the ' 90-day itnd 30-day suspension letters to Since this notice suspends a - construction of atrerls). ensure adoption. requirement on small entities that has . •: Request for Comments ., q only rurently been imposed, it will not have a significant economic affect on a PART 60--CRITEf11A FOR LAND MANAGEMENT AND USE -? ?-- During the period that this suspension substantial number of those entities and is in effect.FEMA.will bQ'anulyzittg Iho? ' has not under ono a regulatory fl ibilit If l i lt f The authority cilation for Part 60 d f ll ws: ti t ; Itripitcts of appIyirig the cletiation . ex y ana , as a resu ys s. o o ren as o o con nues _ . requirement to manufactured homes comments received. It appears that such h Authority: 42 U.S.C. 4(x11 et si!q.; placed or substantially Improved in an analysis is deEirable, It will be. Reorganization Flan No. 3 of 1079; [:.0.12127. existing manufactured home parks and performed for any future rulemaking on subdivisions. In addition, FEMA will be this Issue. g 60.3 [Amended) evaluating alternative means for ,.. This notice of suspension is not a 2• Section M.3(c3(6] is suspended. addressing the hazards and threats to , "major rule" as defined in Executive 3. Section 60.3(c)(12) Is added to read lives and property related to existing Order 12291, dated February 27, 19131, . Its follows: manufactured home parks that are and hence no regulatory analysis hits. located in flood hazard areas. FEMA been prepared. §60.3 Floodplain management criteria for encourages organizations, individuals FEMA has determined that this notice flood-prone areas. ' and units of government to submit data of suspension does not contain a + - * and other information. as well as collection of Information requirements H . suggestions for alternative actions ,. ` as described in section 3504(h] of the Pa erwork Reduction Act ' (12) Require that all mstnufuctitred •, during the 60-day comment period p . homes to be placed or substantially provided In this notice. Data and other ' List of Subjects in 44 CFR Parts 59 and Improved within Zones Al-30, All, and Information should Include statistical, 60 AF on the community's F1Rtvf be . data, information on specifically how.. the end to the grandfather provision Flood insurance. elevated an a permanent foundation would Impact on individual • • ..: Accordingly, Title 44, Code of Federal such that the lowest floor of the manufactured home Is at or above the manufactured home parks owners, on Regulations is amended as follows: base flood elevation; and be securely individual manufactured home owners or renters, or on units of government, or - PART 59-GENERAL PROVISIONS nnrhored to an adequately anchored foundation system in accordance with on how this provision would Interrelate The authority citation for Part 59 the provisions of paragraph (b)(8) of this with manufactured home financing, continues to read its follows: section. This paragraph applies to insurance, or other regulations of the industry. This Information will be Authority:42 U.S.C. 4001 at seq , manufactured homes to be placed or reviewed and analyzed along with other Reorganization Phin No. 3 of 1978: C.O.1z127. substantially improved In an expansion to an existing manufactured home park information developed by FEMA or g 69.1 [Amended] or subdivision. This paragraph does not provided to it both before and after 1. Section 59.1 is amended its follows: apply to manufactured homes to be October 1, 1900. At this tame FEMA will a. By adding alphabetically, a placed or substanllully improved in an also review possible alternative means definition of "existing manufactured existing manufactured home park or of addressing the problem of the . home park or subdivision' to read as subdivision except where the repair, exposure to hazards to life and property follows; "Existing manufactured home reconstruction, or improvement of the of existing mobile home parks located in park or subdivision" means a streets, utilities and pads equals or flood hazard areas, However. FEMA manufactured home park for which the exceeds 50 percent of the value of the currently believes that a permanent construction of facilities for servicing streets, utilities and pads before the return to the grandfather provision its it the lot an which the manufactured repair, reconstruction or Improvement existed prior to October 1, 1930 is not homes are to be affixed {including, at a has commenced. Justified and would be contrary to the ' minimum, the installation of utilities, bitted: luxe 1s 1ng7 purposes of the program s legislation. either final site grayling or the pouring of , . FE7v1A has determined that, since this concrete pads, and the construction of Itarotd T. Duryea, notice suspends a requirement that has streets) are completed before the F'(derrillrtsurrurceeldnilrristmtor. been recently imposed, an effective date of floodplain management . (FR Doa 07•-14527 Filed t1-: t-uy;11:45 anil environmental assessment need not be regulations adopted by a community. BILLING CODE 6716-05-M ?fi/ 11M ?Ilr k,:3 i; .: t;t•; ar?:.. .') ' ,, •??. .l Gi, .pits • Ik,.t i err' ?5 k ? ' I I r„'v'. .'3• t.r .Y. x.. ,•.YVii.. ? #i Lr .. r, ,, rr , .. . .. r - a/$ OF CLEARWATER CITY . Interdepartment Correspondence Shoot M: Cyndie Goudeau, City clerk FROM Andrew B. Onufer, 'Director, ' Building Department COPIES: SUBJECT Memorandum of'Vating Conflict -- Board of Adjustment & Appeal, Building/Flood Control - Meeting of Wednesday, July 1,.1987 DATE: August 19, 1987 Attached please find a.copy'of Form 8B, Memorandum of Voting Conflict for•County, Municipal, and Other Local Public Officers,' which'was filed by., John H. Logan, Jr., for Item 1 (a) on the attachediAction Agenda. The original of this form has been incorporated into and made a part ' of the official minutes of this meeting which are on file in the Building Department. ?5,k r 1 , ct ' - I 5 Attachments ' F ? r z CL U) Q 41 z. y * z is o ' N tm U4 2 ¦ U L1 f co y - ¦ \ 0 \ W m co Z i •O fl a < a t .rl r? ?Q t11 I 11?a R7 ,. ? . (V tH ` f to CZ I T u o.r ta to 0 u ? , :. 44 a{ O 1 ?y erJ H tq ? 3z ? ? x g ? ID • , j r ¦ ¦ VJ X , F y m pp 3 I l ? ?Q u ? z 1 , I • e, E r f NOTICE OF PUBLIC HEARING Board'of Adjustment: and Appeal on Building/Flood Control, Annex Conference Room, City Hall Annex, 10 South Missouri. Avenue, Clearwater, Florida. . } Wednesday, August 19, 1987, at 2:00 p.m. To consider the following requests: 1. 1475 U. S. Highway 19, South (Bay Aristocrat Village), Lot 193 ., variance from requirement of the City of Clearwater Flood Control Ordinance, for ;.- a finished floor elevation of 8.78.feet in lieu of the required 10.0 feet. 2. 602 Lime Avenue (Camelot Oaks Condominium)'- variance from Chapter 39, Coastal Construction,Code, to extend swimming pool'decking within 18 feet of the seawall. 3. .756-Snug Island (Ulgen) - variance from Chapter 39, Coastal Construction Code, for construction within'18 feet of the seawall. Florida Statute 286.0105 states: Any person appealing a decision of this Board must have a 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 Di,rectar;.P. O. Box 4748, Clearwater, Florida,- 34618, prior to appropriate public hearing. Cynthia E. Goudeau, City Clerk YOU,ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY.-, IMPORTANT! City. Public' Hearin ?.ot.uce "ki *?1 is ' y L •1' ?. s a , r , - ' '.. ' . , S toll C_ ` C1TY 4F CLEARWATER" r + rte, POST OFFICE BOX 4748 r!'TEA???r??? CLEARWATRR,FLOR1DA 33518-4748 ottlce of Hu11diny Director `August 10, 1687. Mr. John H. Logan Clark & Logan, 'Inc. ' 1108 Eldridge Street Clearwater, FL 34615 Dear "Mr. , Logan BOARD OF ADJUSTMZNT AND, APPEAL " 13UILDING/FLOOD CONTROL NOTICE OF. PUBLIC HEARING A meeting of your. Board'to hear the cases as-described in the attached' Notice of Public Hearing has been scheduled to be held .in the Annex Conference Room, City Hall Annex, 10 South Missouri Avenue on: Wednesday, August 19, 1987, at 2:00 p'.m. E. Applicants have been duly notified 'arid will t; be present at this meeting to present their re- quests for variances., very truly yours, ;. Andrew B. O fart Director Building Inspection Department ] /, ct Attachment "EqualFmployment and Affirnnative'AClion b. in ployer.?;' f sy + CITY OT CLEARWATER POST OFFICE BOX 4748 ' + CL•EAItWATEIt. L0ItIDA 33518-4748 Orrice or Building Director August 10, - 1987 Mr_ Joseph Straub Curtis & Gross 'Builders,. Inc. 314' S. Missouri Ave. , Suite 300 Clearwater, FL 34616 Dear Mr.-.Straub: r BOARD OF ADJUSTMENT .AND APPEAL I3UILDING/FLOOD CONTROL NOTICE OF PUBLIC HEARING A meeting of your Board to'hear the cases as described in the attached Notice of Public Hearing has been scheduled to be held in the Annex Conference Roam, City Hall Annex, 10 South Missouri Avenue and Wednesday, August•19,'1987, at 2:00 p.m. 'Applicants have, been duly notified and -wi1,1 be present.at this meeting to present their re'-' quests for variances. Very truly yours, Andrew 10' O fer; Director Building Inspection Department I ` f f'. j7/ct . Attachments "k_qua•i Employment and Affirmative Action ,Ernpl,oyer" 1. },. 'SCI,(' { u°.i:> . ?, . • S ' r 1 ? ?re , r 1 r I 1 .`•F r ????•:?!'• CITY 'OF-'CLEARWATER POST OFFICE BOX 4748 • TER CLEAiiWATER,I'I,ORIDA 3351$-•4748 Office of Building Director August 10, 1987 Mr. Edward'H. Walker Walker & Associates Architects, PA .2535 Landmark Drive Clearwater, FL 33519 , Dear {sir. Walker: ' BOARD OF ADJUSTMENT AND APPEAL BUILDING/FLOOD CONTROL I NOTICE OF PUBLIC HEARING A meeting of your Board to hear the cases r as described in the attached Notice of Public t Hearing has been scheduled 'to be held in the 'Annex Conference Room, City Hall Annex, 10 South ' Missouri Avenue''on: Wednesday, August 19x'1987, at 2:00 p.m. Applicants have been duly notified and will be present at this meeting to present their re quests for variances. .f Very truly yours, Andrew B. O ?fe?,'Director Building Inspection Department 73/ct . Attachment "!:'poolF.no ploym'eto f and Affirinagiv C Action kmpJoyer", ' I t.: : i> It Ll CITY OT CLEARW A"TER :?? •??_ _ . ?,,, cam,, ' POST OFFICE BOX 4.748 ~ ? CL,EAR11'ATEIt,FLORIDA 33518-4748 Office of Bulldiny Director August 10, .1987 .Mr. Henry St. Jean ` williams'Architects Chartered ! 1445 Court Street Clearwater, FL 3467.6 BOARD OF ADJUSTMENT AND APPEAL BUILDING/FLOOD CONTROF, NOTICE OF PUBLIC HEARING Dear Mr. St. Jean: A meeting of your Board to hear the cases as described in-the, attached Notice of Public Hearing has been scheduled to be held in the Annex Conference Roam',. ,City Hall Annex, 16 South Missouri Avenue on: Wednesday, August 19,'1987, at 2:00 p.m. Applicants have been duly notified and will. r be present, at this meeting to present their re_ quests for variances. Very truly yours,' Andrew' B.. O fer, Director Building Inspection Department 73/ct Attachment , EinpIayonnnf and Affirmafiue Action loyer" , 'Employer' kl ,' .. r .. .. a '.. 1 } C off LI 14 r •r CITY QF. 'CLEARWA.ThR + POST OFFICE BOX 4748 lot ?++r+ C I. E A Ft 1V A T R It F LOKIDA 33518-4748 ' ' dfflce of . DUllding Director August 10, 1987' ' Mr. Andrew M. Nicholson George F. Young Company .299 -. 9th street, North St. Petersburg, FL 33701 Dear Mr.'Nicholson: 'BOARD OF ADJUSTMENT AND APPETiL BUILDING/FLOOD CONTROL t NOTICE OF PUBLIC HEARING A meeting of your Board to hear the cases as described in the attached Notice of public ` Hearing has been-'scheduled to be held in the ;Annex Conference Room,,City Hall Annex, IO'South Miss0uAvenue on: Wednesday, Au4ust,19, 1987, at 2:00 p.m. Applicants have been duly, notified. and, wi11 be present at this meeting to present their re- " quests for variances. r Very truly yours, Y C /? C i ' Andrew B. O ?fe, Director 'Building Inspection Department C Attachment +`lsgt,al F.rnplnyin nnt unrl A IIlrmnfive Action Employer..