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"BLDG& FLOOD
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B(j'ard of Adjust~ent & Appeal
on Building '& Flood
,Minutes
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BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER'
September 12, 2001
"Present: " John H. Logan, Jr.
Edward H. Walker, Jr.
Pankaj Sha~
Michael D. Corcoran
Carroll Nail, Jr. ,
Chair
Board Member
Board Member
Board Member
Board Member
Also Present: Leslie Dougall-Sides
Kevin Garriott
Bill Wright
,Patricia O. Sullivan
Assistant City Attorney
, Building Official
Building Construction Inspector II
Board Reporter
The Chair called .the meeting to order at 2:00 p.m. at the Municipal Services
Build!ng.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that or'der. ' '
ITEM #A - Aporoval of Minutes
Member Corcoran moved to approve the minutes of the regular meeting of July 11,
, , 2001, as recorded and submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
ITEM #8 - Continued Reauests
#B2 ~ ICont'd from 07/11/01) 1812 North Hiqhland Avenue: Grace Lutheran Church.
Owner: Collman & Karskv Associates. Representative. Request permission to relocate
exhaust fan HEF-1 flush to exterior non-combustible wall at Parcel 02-29-15-00000-320-
1200. BAA 01-07
Collman & Karsky Associates representative Ned Stacy reviewed aesthetic issues
related to the completed project, which renovated the church's fellowship hall and kitchen.
.. The exhaust fan has a vertical draft. He said he had discussed with the Fire Marshal plans
to cover the surface', under the eaves and above the fan, with a UL listed blanket and wrap
it with a metal tube. He said the proposed design is fire-rated. He said information
provided to the Fire, Marshal indicates the proposal will meet or exceed code.
Building Construction Inspector Bill Wright distributed photograph sheets dated
September 11, 2001, regarding the exhaust fan. Discussion ensued regarding the fire
suppression protection proposed. Fire Marshal Randy Hinder said he was comfortable with
the design and supported the fan's relocation as presented. Building Official Kevin Gardott
, stated he too needed to review and approve the proposal.
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Member Shah moved to approve, based on the Fire Department review of the
proposed design, the request to relocate the exhaust fnn H EF~ 1 flush with the wall at 1 812
North Highland Avenue subject to approval by the Building Department. The motion was
duly seconded.
Mr. Garriott expressed concern regarding the non-combustible qualities of the added
insulation. Fire Marshal Hinder said the materials' are non-combustible. Discussion ensued
regarding the request. Mr. Garriott said if the design does not meet his approval, the
request will be returned to BAABF (Board of Adjustment & Appeal on Building/Flood
Cotltrol).
Mr. Shah withdrew his motion. The seconder agreed.
Member Shah moved to approve the request to relocate the exhaust fan HEF-1 flush
with the wall at 1812 North Highland Avenue subject to approval by the Building Official.
The motion was duly seconded and carried unanimously. '
ITEM #C - New Requests
#C1 - 1122 Brownell Street: Market Street Mortaaae Corp.. Owner: Echevarria &
Associates. Representative. Request time extension at Parcel 15-29-15-58338-001-0070.
BAA 01-10
Reggie Register, Representative, stated the subject property is in foreclosure and he
is handling its disposal. He said the yard is being cleaned up tciday and the broken
windows will be repaired on Friday. He said,offers on the property have been submitted.
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Mr. Wright distributed photograph sheets from the Unsafe Structure Report dated
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May 15, 2001. Associated problems relate to a deteriorated refrigerator, range, and
cabinets, homeless bedding, termite damage, trash and debris on property and inside
structure, missing soffe't, open windows, and broken glass. The Police Department has to
remove homeless people from the unsealed structure. Copies of related paperwork have
been forwarded to the mortgage company's attorney. Electricity will not be turned on until
the structure meets Code. After his inspection today, Mr. Wright said the property has not
been secured, although yard work was underway. Mr. Wright expressed concern a new '
owner of the property also may request extensions to complete necessary work. The
City's primary concern is with the homeless use of the property. He said maintaining the
vacant building's security will be difficult. Discussion ensued regarding options.
Member Walker moved to approve an extension to September 26, 2001, that runs
with the,land, to secure the structure, plus an extension to November 11, 2001, for the
completion of necessary repairs to the structure at 1122 Brownell Street to meet Section
47.1 61 City Code of Ordinances regarding unsafe buildings. The motion was duly , ,
seconded and carried un'animously.
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#C2 - 3190 McMullen-Booth Road: North Bav Communitv Church; Inc.. Owner: Fred J.
Eichelberaer. Representative. Review Inspector's report determining subject building with
cracks at Parcel 21 -28-1 6-92675-000-01 00. BAA 01-"
Fred Eichelberger, representative, said compactation related to construction of
McMullen-Booth Road had ,caused the step crack in the wall to worsen. He said the crack
contracts and widens as the water table rises and falls. He said the problem has not
damaged the electrical disconnect box. He hoped to fill the crack.
, Mr. Wright distributed photograph sheets dated September 11, 2001. A City
inspector saw the crack~ when responding to a request for an air-conditioner inspection: In
response to a question, Assistant City Attorney Leslie Dougall-Sides said Member Walker's
past association with this church and structure is no't a conflict of interest as he has no ,
, financial interest in the property. Member Walker recused himself to act a's a witness.
Memb'er Walker stated when the house was constructed more than 12 years ago,
the footers had been poured during a rainstorm. Clay was discovered under the structure's
, northeast corner. The subject crack formed when the water table lowered during dry
'seasons and the clay shrank. ,The clay swells when it rains. He reviewed past repairs
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whereby pilings were sunk. A cantilevered beam and gravel were set in under the strUGture
while the footing was jacked up. That' repair was successful for several years before the
step cracks reopened. Member Walker suggested the pilings may no longer be secured.
He said the structure is'sound. He did not know of a material that'would close the gaps,
which fluctuate in size. In response to a question, he said the footing was not cracked at
the time of his last inspection. The step crack now is less'than }'4-inchlarge, during the
rainy season.
Mr. Eichelberger said the structure's interior has no problems. He said the church
doe,S not have sufficient funds to undertake an expensivo solution.' He said the single.
family 'residence is used only for storage. Mr. Wright said the largest step crack is behind
the building's electric meter. Mr. Walker suggested the engineer who designed tho last
repair examine the structure to determine what has occurred. He suggested the
construction of McMullen-Booth Road had lowered the water table significantly. A
geological technical review of the soil is necessary. Mi. Walker indicated more serious
problems could occur.
Member Corcoran moved to approve a 90-day extension for the property owner to
have a professional examine the soil and identify problems and solutions related to settling
difficulties at 3190 McMullen-Booth Road. The motion was duly seconded. Members
Shah, Corcoran, Nail and Chair Logan voted "Aye." Member Walker abstained. Motion
carried.
#C3 ~ 1641 Gulf-to-Bav Boulevard: Linco Auto Parts, Owner: Michael Coleman.
. Reoresentative. Request time extension to make repairs at
Parcel 14-29-15-34655wOOO~0010. BAA 01-12,
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" Mike Coleman, representative, said the owners wish to rebuild tlJestruc'ture at the,
same location~ Mr. Garriott stated the land 'Development Code requires an entire site must,
meet Code if improvement costs equal at least 25 % of the property's value. The applicant
has applied for a variance to setback and other requirements. Mr; Coleman said he has a
contract to remove 2/3'5 of the structure. The site will remain fenced. Should the
Planning Department not approve the request, he said the remainder of the building will be
razed and a new building constructed to Code requirements. He said the 'approval process
could take as long as 90 days. "
On August 18, 2001, the City cited the building at 1641 Gulf-to-Bay Boulevard as
an unsafe structure. Mr. Wright distributed photograph sheets from the Unsafe Structure
Report~ Associated problems relate to sjgnificant interior and exterior damage to the
structure as a, result of the air~conditioning unit falling through the roof on July 30, 2001,
and collapsing much of the building. Mr. Coleman said architectural drawings cannot be
submitted until the location of the building is finalized~
, Member Shah moved to approve' an extension to October 12, 2001 to raze th,e
"portion of the structure in violation, plus an extension to December 11, 2001 to obtain
, permits to construct a new building at 1 641 Gulf~to.Bay Boulevard that meets Section
47.161 City Code of Ordinances regarding unsafe b~i1dings. The motion was duly
,seconded and carried unanimously.
,'ITEM ,1D -PendinQ Matters - None.
ITEM #E - Adiournment
Board
JJ
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The meeting adjourned at 3:07 p.m.
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, Attest:
nair
Board of Adju!:itment and Appeal on
Building/Flood Control
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