06/16/1985
S[ 4C ' ? r
'
? 1
•
K1 '"?? ? •. . 1' }: I'... . wl} , i?J'e„ rf.. 1 :.i •1 ,I. .. ? • s , - ?
? 1 .. '(
.
' ! r r r l ! ?f:? r?{?
1
..MINUTES-,
r, BAA
BUILDING & FLOOD
Y
' J
BOARD OF ADJUSTMENT AND APPEAL
BUILDING/FLOOD CONTROL
June 16, 1995
Members Present-,
Edward Walker, Vice Chairperson
Michael Corcoran
P. J. Shaw
Members Absent:
1
John Logan
Andrew Nicholson
Others Present:
Michael Tenorio, Homeowner
Bill Wright, Housing Inspector
Kevin Garriotit, Central Permitting Supervisor
Barbara Borgan, Recording Secretary
The meeting was called to order by Vice Chairperson Walker at 2:1OPM.
1. 3042 Prestige Drive, Clearwater, Florida, Michael J. & Harriette Tenorio, Owners.
Requesting extension of time for completion of repairs. Located in Forest Wood Estates
First Addition Subdivision, Lot 89, Parcel //: 04/29116/290621000/0890.
Mr. Tenorio is requesting 90 days in order to get the building in condition for a Certificate of
Occupancy which I am told that I have to have before I can let people move into the house. The
house is taking a long time to get the contractors going, it took almost seven (7) weeks for the
guy to put the roof on the house. • We've put a new roof on the house and we've cleaned up the
lot. We've already moved the trees and we have some other clean-up to do. The house is to
be painted within the next two to three weeks. The outside of the house is going to be power
sprayed along with all the sidewalks, back around the pool, and as soon as that is done we'll
have the pool, which is in disarray right now, fixed and repaired, remarcited, which depends
on'the condition of the marcite. at the time.
Mr. Wright brings the board up to date with this property. We were first called out on this
property on April 15, 1994. At that time I noticed we had sonic minor cracks in the building
and it looked as if it was settling from the sink hole or what have you.' At the time I came back
I , out and it has been put on the list'where it has had a sink hole, at one time, and following from
that we tried to get in touch with Mr. Tenorio. Finally on the 28th of February this year we
received another complaint. I went back out and it appears the cracks are' getting larger and I
got in touch with Mr. Tenorio and asked him about soils engineers to tell us how he was going
to fix the house to settle it and make sure it is not slipping. Mr. Tenorio told Mr. Wright he
had a sliding clay pocket. Mr. Tenorio stated the clay pocket is moving 270 to 280 feet down,
Mr. Tenorio says actually the house rests on kind of a mid-way of the hill and its come down
hill through the house just to the east of us, across (lie corner of his garage, and now it is out
in the middle of the driveway. You can actually see the ground where its concave down and
every six months if you noticed it will move another five to six feet.
Mr. Wright stated a Notice of Unsafe Building was sent on February 28, 1995. He received the
notice on March 9, 1995 (from the green card returned to us). We never heard from Mr.
Tenorio and we sent him a seven day notice on April 19, 1995. Mr. Tenorio came in for a roof
permit on May 4, 1995. We went back out to take pictures (three sets of pictures were passed
around to all board members, Mr. Garriott, Mr. Tenorio and Mr. Wright). The third set of
pictures were taken this morning.
Mr. Walker asked Mr. Wright what the problems are with this house. Mr. Wrights states the
sinking problem, pool area in back, the building has cracks, the ceiling is falling in on the
inside, and the house is not secured, the back sliding glass doors are open.
Mr. Tenorio states all the doors are screwed shift and he cannot imagine how anyone could get
into the house.
Mr. Wright states about the complaints from the neighbors, the neighbor next door, Mrs. Rush,
and a call was received from a Mrs. Bibbs, who wanted to be here today. She lives directly
behind the house, she lives at 3025 Homestead Oaks Drive. Mrs. Bibbs is against any extension
of time. She states the house has been in this condition for over two years and the property
needs to be cleaned up now. The pool is a mess and needs to be cleaned up. The property is
a disgrace to the neighborhood.
Mr. Wright and Mr. Tenorio discuss the size of the cracks and if they have grown in size. Mr.
Tenorio has seen some new hair-line cracks around the front window. The area inside the house
that we put concrete in to see if it is still cracking, that has not cracked in over a year. The
outside of the house he believes is just normal cracking, nothing basically serious or the cracks
aren't any more than 114 of an inch. Tile garage door is in disrepair and this happened when
the house was broken into last year.
Mr. Tenorio discusses problems with a neighbor's tree and the sidewalk, they removed them to
take out large roots that were feeding underneath the house which was also creating a problem.
We've taken out that root system and we've taken out roots down along the driveway too.
When the sidewalk is put back in we'll be putting in a bumper so the roots won't grow through.
Mr. Walker asks Mr. Tenorio if lie has had a soils engineer or anybody look at this? Mr.
Tenorio states lie has a 2" packet from them. He also stated it was their conclusion the house
in the area is on a sink hole and is sliding. They suggested we wait three to five years, they felt
it would be completely away from the house. The test, he believes, was done in 1990. The
sink hold or whatever is making the depression in the earth has moved and is right inbetween
the middle of the two oak trees. Mr.. Walker asks if they've come up with a recommendation
on how to stabilize the house? Mr. Tenorio states as soon as it moves out from underneath the
house it will stabilize. That's the reason why we settled with the insurance company because
of that report. Mr. Walker asks who did the report? Mr. Tenorio stated he believes there are
2
..,;.. .
,
two reports, one is front eitlier Gainesville or Tallahassee and lie believes the other is from the
Orlando area. They drilled holes in the front yard and underneath the house and everything to
make this detennination.
More discussion ensued regarding the stabilization of the house. Mr. Tenorio offered to supply
copies of the soil sampling and the reports lie has from five years ago. Mr. Tenorio stated he
believed the repairs on the house is mainly cosmetics right now which are going to be fixed.
The painter is bringing, in a mason to repair the cracks and so forth like they do in any other
house.
The pool will be drained and the spa cannot be drained, it lifts right out of the ground. We've
had that problem before when we've drained it.
The inside dry wall back by the back porch, the roof leaked and the drywall came down in that
one area. That is all cosmetic and will all be repaired. All the insides are the structural- seal
studs, even though the roof leaked we suffered no damage as far as rot or anything else in the
timbers of the roof.
Mr. Garrott stated for the house to be stabilized we would need to see a current engineer's
report stating he does indeed agree with what their guesstimate was back five years ago. Then
to see what you'are going to do if the house has stabilized, to repair. If the house is not stable
then to come up with a plan, of what they are going to do to jack it or whatever foundation
changes and repairs on the house. The pool is a primary concern.
Discussion ensued regarding a time frame. Mr. Wright stated he did feel Mr. Tenorio would
need 90 days to get the engineer's report and if they have to jack it up they might need more
time than that.
Discussion ensued regarding Mr. Tenorio living in the house or going to rent the house out.
r
Mr. Wright stated there,be one stipulation with this time extension is that Mr. Tenorio get the
pool and the spa be cleaned up by the end of this week. If not cleaned tip by Monday we should
rescind any time given.
Discussion ensued as to why Mr. Tenorio has had a lack of interest over the past 14 months
regarding this property.
Mr. Walker discusses the pictures of the house and the settling of the house with the clay
beneath, wet clay to dry clay. There is much discussion among the board members gust how
far down the clay is or can be.
Mr. Corcoran goes on.to discuss the condition of the house has nothing to do with the clay or
cracks in the foundation.
3
r i
4. .
?A
Mr. Wright states there is electrical power running into the house and the pool pump can be run,
Mr. Tenorio states there is ,so much stuff in the pool he is reluctant to run the pool pump. A
sub-pump will be brought in. Mr. Wright suggests Mr. Tenorio build a cover for the spa if Mr.
Tenorio does not want to drain the spa. Mr. Wright also'states about chemicals for the spa and
pool,
Mr. Shaw speaks to Mr. Tenorio about the unsafe building issue and a financial hardship.
Mr. Tenorio states they've been working on the house, work is progressing but not near as fast
as what they'd like it to. It has been a slow process, they wanted to have the house finished by '
June' 1st in move-in condition. Various personal problems within the family and the contractors
has just taken a lot more time than expected.
Mr. Tenorio stated the city has him between a rock and a hard spot. The city has asked for an
engineering report, he does not know how long that will take. The city seems to think it will
take a while to do all this. Mr: Walker stated Mr. Tenorio has two things to do: 1) You need
to substantiate the condition of the house as far as the settlement is concerned and that is the
report, analyze the reports you have now and come up with a recommendation as to, from an
engineering standpoint, what you should do or not do to stabilize the building so it doesn't
continue. Mr. Tenorio asks if the city would take the recommendation from the original
engineers who did the job. Mr. Walker stated yes.
The second set of problems which don't have too much to do with that is the pool and cosmetics
of going in and patching up the inside of. the house. There is much discussion regarding the
repairs needed on the house, painting, masonry, drywall, overhang repairs on the porch-deck
area, screens, new doors, the pictures are passed around again.
Mr. Wright discusses the health problem in the back with the pool and spa which needs
immediate attention, which the neighbors are complaining about. Mr. Tenorio stated he will
take care of that.
Mr. Garriott stated until we know the house is either stable now or that you do stabilize it, it
will still fall into the unsafe category. The first step is right there as far as the structure goes.
Mr. Tenorio stated the other houses in the neighborhood have been stabilized out there. Mr.
Garriott stated a professional experienced in. soils and structures needs to make a
recommendation. There appears, in the photos, there has been some settling and we need to
know that has either stopped or will be stopped somehow.
=:.
4
V
et,
Y v r r
? ±?,,tltt ?4/?,i S. :a- ^, i ??rl''4•'I a i?. yf....v , :Ft `! i I
Mr. Shaw makes the recommendation to hereby grant the requested variance with the, following
condition, within 90 days all the work including the pool area with the unsafe and unhealthy ;
items 'be taken care of and within the same 90 day period the applicant needs to submit to the
city an opinion from the professional soils engineer of the status of the underground soil
condition. Mr. Corcoran amends the recommendation to make sure the pool and spa is cleaned
up by 8:OOAM Monday morning, June 19, 1995. Mr. Gamott also stated the city would also
make that request to
amend the motion to include such. Mr. Corcoran seconds the motion.
.
Motion was passed unanimously. Meeting adjourned at 3:OOPM.
Edward H. Wa er, ice C irperson '
/bb '
s
I
5