09/22/1999 (2)
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Board of Adju~tment & Appeal'
on Building & Floo'd
Minutes
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
September 22, 1999
Present: John H. Logan, Jr.
. Edward H. Walker, Jr.
Carroll Nail, Jr.
Pankaj Shah
Michael D. Corcoran
Chair
Board Member
Board Member
Board Member
Board Member
Also Present: Kevin Garriott
Bill Wright
Patricia O. Sullivan
Building Official
Building Construction Inspector II
Board Reporter
The Chair called the meeting to order at 10: 1 0 a.m. at City Hall.
, To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #1 - 51 Acacia Street: Nick SaQonias Estate/Stamatina Saaonias Personal
Reoresentative. Owner: Donald O. McFarland. Reoresentative. Requesting a time extension
to address violations. located at Mandalay Sub, Blk 27, Lot 4. Parcel #05~29-15-54666-
027-0040
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, ,J On June 15, 1999, the City issued a "Notice of Unsafe Building" regarding the
structure at 51 Acacia Street. On July 6, 1999, an appeal was filed seeking a time
extension to address related violations. The subject property is an asset of an estate,
which has not been administered.
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Donald McFarland, representative, agreed the property needs to be repaired before it
can be placed on the market. In response to a question, he said a 50-day extension would
be adequate. He said money has not been available for repairs as estate assets remain
under court control. Once money is available, an expert will be hired to identify necessary
repairs and estimate costs. In response to a question, he said the estate plans to sell the
property.
Building Inspector Bill Wright distributed photograph sheets from the Unsafe
Structure Report dated June 15, 1999. He said the house is deteriorated. The roof is
falling and wood is rotted on the front porch and under asbestos shingles. As the property
is in the flood plain, he questioned if the structure can be repaired under the 51 % rule. For
tax purposes, the County has valued the structure at $36,500. The City will accept an
appraisal performed by an accredited appraiser. He said the structure is not secure as it
has broken windows and an open garage.
One citizen complained regarding the property's deteriorated condition.
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In response to a question, Mr. McFarland estimated the court will release necessary
funds within 30 days at which time a decision will be made to either repair or raze the
structure.
Member Walker moved to approve a 120.day extension to repair the structure at 51
Acacia Street to meet 8BC C1 Building Code, Ch. 34, Section 3401.2.1 City Code of
Ordinances regarding unsafe buildings with conditions: 1) course of action to renovate or
raze the structure to be determined within 30 days; 2) repairs or demolition to begin within
60 days; and 3) all repairs necessary for the structure to comply with Code to be
completed within 1 20 days. The motion was dUly se~onded and carried unanimously.
ITEM #2 - 404 Enaman Street: Shane Barrv. OWner. To appeal BAABF approved time
extension for construction of this building. Located at Enghurst 1 at Addition, Lots 44&45.
. Parcel #09-29-15-25938-000-0440
On May 5, 1998, the City issued a "Notice of Unsafe Building" regarding the
structure 404 Engman Street. On August 6, 1999, another appeal was filed seeking a time
extension to address.related violations. Mr. Wright distributed photograph sheets from the
Unsafe Structure Report dated August 2, 1999
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Shane Barry, owner, said he has been renovating the subject property as time
allowed. He claimed delays were caused by the City, which could not follow-up on a
requested inspection after it had misplaced his permit application. He requested a 6-month
extension to complete exterior repairs and a total of 9 months to also complete the interior.
In response to a question, Mr. Wright said the original permit was pulled in 1997. A
Stop Work Order was issued after the owner removed half the structure, performing work
that was not permitted. In May 1998, the owner was awarded a time extension. To
secure the building, the owner only boarded up the rear. The City completed one
inspection in December 1998 related to footings. In response to a question, Mr. Wright
expressed concern alt repairs be completed in a reasonable time. The City has received
numerous complaints that the property's current condition resembles a trash dump and that
the owner rarely works on it. In response to a question regarding the misplaced permit
application, Mr. Wright indicated that issue is irrelevant. The next required inspection is a
review of the completed project. He indicated the owner had made 3 changes to the plans.
Member Shah moved to approve a 6-month extension to repair the structure at 404
Engman Street to meet SBC C1 Building Code, Ch. 34, Section 3401.2.1 City Code of
Ordinances regarding unsafe buildings with conditions: 1) repairs to exterior of structure
must be completed to comply with Code within 60 days and 2) all repairs necessary for the
structure to comply with Code to be completed within 6~months. The motion was duly
seconded and carried unanimously.
ITEM #3 - 970 Eldorado Avenue: J. Wayne & 8ridQet M. Phillips, Owner, Michael F.
Sofarelli. Representative. To permit construction of a residence within 18-feet of a
seawall. Located at MandalilY Sub, Blk 61, Lots 8 and riparian rights. Parcel #05-29-15-
54666-061-0080.
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On August 10, 1999, the applicants requested approval to construct a residence
within 18 feet of a seawall and maintain an existing pool. The subject seawall is buried
and no longer functional. The wall will not be removed or disturbed. The proposed
structure will be constructed adjacent to the wall. The current structure will be razed.
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. In response to a question, Building Official Kevin Garriott said previous board
approvals of similar requests had been site specific. In response to a question, he said
. Juniper Street is not paved but is used as a beach access. A 5~foot setback is required.
He indicated only the structure's second floor will encroach on the seawall. The s~ructure
will be landward of the CCCL (Coastal Construction Control Line).
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Member. Corcoran moved to approve construction of a residence within 18 feet of a
seawall and maintain an existing pool within 18 feet of the non-functioning seawall at 970
Eldorado Avenue. The motion was duly seconded and carried unanimously.
. ITEM. #4 - Aooroval of Minutes
Member Shah moved to approve the minutes of the regular meeting of July 14,
1999, as recorded and submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
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Adiournment
The meeting adjourned at 1~~~
f'w' Chair ~
Board of Adjustment and Appeal on
Building/Flood Control
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Attest:
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