07/10/2002 (2)
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'B~ard"of Adjustment ,& A.ppeal,
"on Building & F~ood
Minutes
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
July 10, 2002
Present: Edward H. Walkert Jr.
Michael D. Corcoran
Carroll Nallt Jr.
Pankaj Shah
Acting Chair/Board Member
Board Member
Board Member
Board Member
Absent: John H. Logan, Jr.
Chair
Also Present: 'Bill Wright
Kevin Garriott
Brenda Moses
Building Construction Inspector II
Building Official
Board Reporter
,The: Chair called the'meeting to order at 2:00 p.m. at the Municipal Services Building.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
ITEM #A - Approval of Minutes - Mav 8. 2002
Member' Nail mov~d to approve the minutes of the regular meeting of May 8, 2002, as
recorded and submitted in written summation to each board member. The motion was duly
seconded and'carried unanimously.
ITEM #8 - Continued Requests - None.
ITEM '#C - New Requests:
ITEM #C1 - Case #8AA 02-05 - 673 Harbor Island. Clearwater: Dr. & Mrs: Edward Capone
Owner:'Mark Caoni of Caoni Construction, representative. Request a variance to Chapter 39 of
The Florida Building Code. To allow construction to be built within 17 feet of the sea wall.
Located in Islam';! Estates. Parcel #06-29-16-43456-073-0170
Mark Cagn!, Cagni Construction, repres'enting the applicant, said he thought the permit
the applicant received granted him the ability to construction planter walls in the setback. A
seawall engineer sent the City a letter indicating the lower planter wall would have no effect on ,
the plain of failure.
In response to a questiont Building Officlal'Kevtn Garriott said the seawall setback is 18
feet. He said Mr. Cagnlls referring to a process In the zoning code. Mr. Cagni sai~ when the
pool company pulled a permit for the pool, the planter walls were part of the pool plan, but
apparently were not considered part of the permit. The CIty Building Inspector has indicated
that the planter walls are not part of the pool structure and stated the applicant must apply for a
variance. He said the planter wallis alreadY,in place.
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7/10/02
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, ~ ' Me~ber ShB;h moved to approve the request for a variance to Chapter 39 of the Florida, '
, .,.., . Building Code to allow construction to be butlt within 17 feet of the seawall at 673 Harbor Island,
Clearwater. The "motion was duly seconded and upon the vote being taken, Members Walker"
" Corcoran, and 'Shah voted uaye"; Member Nail abstained. Motion carried. '
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ITEM #0 -Pendino Matters
01. - Case #BAA 02.,03 - 712 Eldorado Avenue. (Follow-up)
Mr. Garriott said the applicant at 712 Eldorado Avenue supplied staff with drawings,
which they felt ,should be reviewed by the BMF (Board of Adjustments and Appeal on
,,' Building/Flood Control). After the case was placed on the BMF agenda, the applicant
" submitted additional drawings for a deck that protruded into the setback. Staff was able to
, ' approve the a'pplication, however, the case was not taken off the BMF agenda. The BMF
heard the, case and denied the request unaware that staff had approved the application. '
, Discussion ensued and it was suggested that as the applicant had met all applicable conditions
and staff had already approved the application, the BAAF may move to rescind the denial of the
case.
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Member Shah moved to rescind the denial of Case #BAA 02-03 for 712 Eldorado
, Avenu8,'ba'sed on the fact the applicant had resubmitted plans and satisfied the conditions of
the Gode. (Case previously heard on February 13, 2002.) The,motion was duly seconded and
'carried unanimously.
ITEM #E - Adiournment
The meeting adjourned at 2:14 p.m. , '
c /2Rt#
Chair ~
Board of Adjustment and Appeal on
Building/Flood Control
'tllest: . .
. _~r1.(lxmwM
Board .Reporter
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7/10/02
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