10/08/1997 (2)
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BAA
BLDG & FLOOD
Board of Adjustment & Appeal
on Building & Flood
Minutes
Date (}{o~ g) (qq1
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
October 8, 1997
Present:
John H. Logan. Jr.
Edward H. Walker, Jr.
Pankaj Shah
Carroll Nail, Jr.
Leslie Dougall-Sides
Vie Chodors
Bill Wright
Patricia O. Sullivan
Chair
Board Member
Board Member
Board Member
Assistant City Attorney
Central Permitting Assistant Director
Building Construction Inspector
Board Reporter
Absent:
Michael D. Corcoran
Board Member
The Chair called the meeting to order at 2:04 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM # 1 - Aooroval of Minutes
Member Shah moved to approve the minutes of the regular meetings of August 13,
,;<Ji\' 1997, as recorded and submitted in written summation to each board member. The
t,,~~:1 motion was duly seconded and carried unanimously.
ITEM #2 . Continued Reauest~ - None.
ITEM #3 . New Reauests
a) 600 Magnolia Avenue. Clearwater. Florida: Virainla Morellit. Owner. Vincent Morelli.
Reoresentativ8. Applicant requests additional time to comply with Section 47.161 of the
Clearwater Code of Ordinances. Located at Magnolia Park, Blk 32, Lot 24. Parcel No:
1 5/29/15/64460/032/0240 (Request for remodeling is not a permitted use in OL zone)
The applicant indicated he had obtained a permit to remodel the warehouse into a
sandwich shop and requested 120 days for completion. According to the application, the
architect has submitted completed plans to the Engineering Department. He indicated the
building, constructed of concrete walls on a concrete slab, is in no danger of collapsing.
The proposed sandwich shop will be well landscaped and create a positive image. The
applicant requested additional time to comply with Section 47.161 "Unsafe Building
Systems" City Code of Ordinances.
Vincent Morelli. Representative, reported the building had deteriorated during the
past few years while he dealt with personal problems. He said the roof will be replaced.
Building Construction Inspector Bill Wright distributed photograph sheets from Unsafe
Structure Reports dated September 3, 1997, and October 6, 1997. He expressed concern
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Bruce Harlan, Representative, said the owner had obtained the subject property last
month and wished to upgrade the house for rental. A general contractor has been secured
and bids are being sought for plumbing, air-conditioning, electricity, etc. The building's
poor condition reflects recent neglect. The overgrowth will be cleared and the backyard
shed will be removed.
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the applicant may not be able to pursue his plans due to zoning restrictions. Mr. Morelli
said when the subject property was rezoned approximately 7 years ago, he was advised
his ability to develop his property under commercial zoning restrictions would be
grandfathered. He said he was never notified of a change. In response to a question, he
said necessary repairs will begin within 60 days.
Member Shah moved to approve a 60-day extension to repair the structure at 600
Magnolia Avenue to meet Section 47.161 City Code of Ordinances regarding unsafe
buildings. The motion was duly seconded and carried unanimously.
b) 808 Lotus Path. Clearwater. Florida. Guiseooe Rivellini/Patricia J. Tessier. Owner.
Applicant requests additional time to comply with Section 47. 161 of the Clearwater Code
of Ordinances. Located at Magnolia Heights, Slk 3, Lot 14. Parcel No.: 15/29/15/54414/
003/0140
The owner requested stoppage of a demolition order for the subject property. The
owner indicated all repairs requested by the City would be addressed and requested
additional time to comply with Section 47.1 61 "Unsafe Building Systems" City Code of
Ordinances.
Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated
August 11, 1997. The building has holes in the walls and windows. He recommended
securing it immediately, noting plywood can be used for only 30 days to cover windows
and doors.
Karen Bishop expressed concern regarding the property's shabby condition and
requested it be repaired.
Member Nail moved to approve a SO-day extension to repair the structure at 808
Lotus Path to meet Section 47.1 61 City Code of Ordinances regarding unsafe buildings.
The motion was duly seconded and carried unanimously.
Mr. Harlan stated immediate action will be taken to secure the building.
c) 601 -603 Scencer Avenue. Clearwater. Florida. Sandra D. & James E. Winklemann.
Owners: John Burnett. Recresentative. Applicant wishes to appeal the official notice of
unsafe building under Section 47.1 61 of the Clearwater Code of Ordinances. Located at
Spencer Heights, Lot 5. Parcel No.: 14/29/15/84753/000/0050
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John Burnett, Representative, requested to appeal the "Notice of Unsafe Building."
charging all problems related to the building result from drainage and flooding problems due
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to the City-built and maintained retention pond, drainage culverts, etc. The applicants
indicated they "waive no rights and expressly retain all rights and claims, including
without limitation, inverse condemnation claims, claims under the private property
rights protection act, and all other claims available."
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Mr. Burnett said the Winklemann's replied immediately to the City's July 21,
1997, inquiry regarding the purchase of the subject property. The letter did not offer a
specific price. The City has sent no follow-up information. The property has flooding
problems and is sinking. Mr. Burnett is waiting for an engineering report. He
suggested the City is responsible for the duplex's structural problems. He has a
meeting scheduled on Friday to discuss this issue with the City Attorney and Central
Permitting Assistant Director Vic Chodora. He said the City's purchase of the property
would resolve significant flooding problems that occur several times a year..
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Mr. Wright distributed photograph sheets from the Unsafe Structure Report
dated August 18, 1997. The August 4, 1997, Unsafe Structure Report indicated the
structure's exterior has high water marks on the rear entry doors and structure. The
front of the building is approximately 1 2 to 1 6-inches higher than the rear and has no
steps or off set. The structure's interior floors run down hill approximately 12 to 16-
inches from the front to the back. Neither the refrigerator nor stove is level. Water
damage is evident to the drywall, carpet, and tenants' personal belongings. Mr.
Chodora reported the structure shows signs of stress. Mr. Burnett said the building
leans toward the retention pond. He reported the retention pond fills with runoff from
the shopping center and nearby streets and at times, drains from the pond into the
subject property's yard.
Mr. and Mrs. Willard Duncan stated they had lived in a subject duplex unit for
more than 5 years. They said flooding occurs more often than twice a year. Linda
CaJdwell said she Jives uphill from the subject property and flood water comes within
inches of her home. Concern was expressed the units not be rented until repairs are
made. Drew Carasa said the problem has existed for a long time.
It was noted the structure may not be repairable. Mr. Burnett said his clients
would love to sell the property to the City. In response to a question, Assistant City
Attorney Leslie Dougall-Sides said the City's inquiry regarding the property did not
indicate such a purchase could be funded. She suggested approving a aD-day
extension to allow the property owners to work with the City, as long as the property
owners agree not to rent out the units until the problems are resolved. Mr. Burnett
said that is agreeable. He noted the condemnation stickers will remain on the units'
front doors.
Member Shah moved to approve a 50-day extension for the applicant to meet
with the City to resolve problems related to the structure at 601 -603 Spencer Avenue
and if a resolution is not reached, staff can bring the issue back to BAABF (Board of
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ITEM #5 ~ Adjournment
, The meeting adjourned at 2:59 p.m. ~/ /'J .
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. a::d of Adjustment and Appeal on
Building/Flood Control
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Adjustment & Appeal on Building/Flood Control) or appropriate board. The motron was
duly seconded and carried unanimously.
ITEM #4 -Pendina Matters - None.
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