10/09/2002 (2)
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~'oard 'o~:Adj~stment& Appeal
on Building'& Flood
Minutes
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL MEETING
CITY OF CLEARWATER
OCtober 9, 2002
Present: John H. Logan; Jr.
Michael D. Ccrcoran
Pankaj Shah
Carroll Nail, Jr.
Absent: I;dward H. Walker. Jr.
Also Present: Leslie Dougell-Stdes
Kevin Garriott
Bill Wright ,
Patricia O. Sullivan
Chair ,
Board Member
Board Member
Board Member
Board Member '
Assistant City Attorney
BuildIng Official
Building Construction'lnspector II
Board Reporter
The, Chair called the mc0tlng 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
" Member Nail moved to approve the minutes of the regular meeting of September 11,
200? 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 BAA 02~09 - 11 S. Hiohland Avenue. Clearwater: Forrest 8. Malmin. Owner..
Request time extension due to hold up of insurance from fire damage. Located in Crest Lake
Par~ Sub. Blk. A. Lot 3 7 N1/2 of Lot 4. Parcel # 14-29~15-18972-001~0030.
, Owner Forrest B. 'Malmln said he had received the ins'urance funds to fix the structure.
which was damaged by fire. Repairs are almost complete. He estimated all Code related
repairs will be completed within two weE:l~s. Building Construction Inspector Bill Wright agreed
to an extension of tIme.
, Member Shah moved to approve a 30-day extension until November 8, 2002 for the
cOl1}pletlon of necessary repairs to the structure at 11 South HIghland Avenue to meet Section
47.161City'Code of Ordinances regarding unsafe buildings. The motion was duly seconded
and carried unanimously.
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ITEM #C2 - Case BAA 02-10 - 3048 Prestioe Drive. Clearwater: Edwin F. & Jhoell R. ByerlY.
Owner - Ben Smith. Representative. Request time extension to evict tenants and work with
insurance company. Located In Forest Wood Est. 1st Add. Lot 90. '
Parcel # 04-29-16-29062-000-0900.
Ben Smith, representative for the owner, said a sinkhole had opened beneath the
house. The tenants have moved. He said electricity and water to the structure have been shut
off. He said the insurance company has hired an engineer to locate the sinkhole and design'a
repair.
, ,Mr. Wright reviewed Unsafe Structure Report photographs, which show cracks in the
structure's walls and cellings, a 4-inch gap between a wall and floor, a closet shifting downhill,'
kitchen cabinets and countertops pulling away from the wall, a huge crack in the front wall
pulling ,to the south, trim separating from an Interior corner, separations in the floor tile, a 3-inch
c~ack in the slab floor, cracks In the wall over sliding glass doors, cracks in the outside wall, trim
pulling away from the garage door area, the driveway breaking apart, the outside slab pulling
away from the building, and a nearby door which Is breached by water when it rains. The
house next door was razed and the property left vacant due to an underground clay pocket.
Mr. Smith said the subject house was repaired last year due to a sinkhole in the front of
the house. He said an engineer had signed off on that work. He said it appears the center of
, ,the house now is sinking. Mr. Smith did not know if the insurance company had paid for the
, previous repairs. Mr; Smith said he represents the owner, Ms. Byerly. He said Mr. Byerly had
passed away.
:~::) It was stated sinkhole repairs take time due to insurance company procedures. Mr.
Smith said the claim was submitted to the insurance company on September 12, 2002. A
report is being prepared following radar of the property. The insurance company has not
indicated if it will pay for repairs. Mr. Wright said the structure must be repaired before It can be
occupied. Discussion ensued regarding the project. Mr. Wright said if a 90 day extension is
approved, Mr. Smith should keep staff abreast of actions by forwarding them copies of all
engineering and insurance company paperwork. Staff will work with the property owner.
','
Member Shah moved to approve a 90-day extension until January 7, 2003 for the
property owner to come up with a plan to complete necessary repairs to the structure at 3048
Prestige Drive to meet SecUon 47.161 City Code of Ordinances regarding unsafe buildings or to
raze the structure. The motion was duly seconded and carried unanimously.
ITEM #C3 - Case BAA 02-11 - 1941 Edaewater Drive. Clearwater: (Comfort Suites) R/R
Comfort Suites Clearwater. Owner - Automated Consultino Services. Representative. Request
relief of Code Section 304.6.3 of 1997 Mechanical Code. Located in Sunnydale Sub Lot 41
Less W 17.08 ft for St. Parcel #03-29-15-86778-000-0410.
, '
George Aubin, Representative, said the owner is seeking relief from the City's
Interpretation of Code regarding the installation of exhaust fans used for the property's hotel
bathrooms. He said his firm had installed the same design in buildings in Tampa and St.
Petersburg without problem. He said other jurisdictions in Florida do not require Installation of a
platform and ladder to service exhnust fails. He said the fans do not need servic1ng and will be
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replaced when they break. There are only power lines extended to the fans, not refrigeratIon
lines. He said If the fans require serving. a portable lift can be rented or scaffolding
constructed. He said the building's plans were approved as Installed. He saId modifying the
installation at this point would cost up to $30,000. He said plans presented at a neighborhood
meeting prior to construction illustrated the current design. He expressed concern liability
would be an issue if ladders are added.
Mr: Wright questioned how a portable 11ft could be used in the pool and spa area. Mr.
Aubin said there is adequate space for the Ilft, which could straddle the spa if necessary.
Building Construction Inspector Tom Carrick said pulley fans require maintenance twice a year.
Mr. Aubin said had they known about City concerns prior to installation, in-line fans could have
been installed in the mechanical room. Mr. Carrick referenced a letter from Senior Staff '
Engineer Larry Simpson of SBCCI (Southern Building Code Congress International, Inc.) which
'staled the Installation would be permitted If first approved bY the Building Inspector. The City's
building inspector never gave permission for,this type of installation. Mr. Carrick felt the
propC?sed service methods are unsafe.
Discussion ensued regarding power issues related to the fans. 'It was felt the hotel, '
could use scaffolding to service the fans rather than requiring the property to rei'nstall the ,
equipment at a significant expense. Mr. Wright referenced two letters from ,neighbors, which
Indl~te they do not want ladders at~ached to the building. ' ,
Member Shah moved to provide relief from the City's mechanical code for the Comfort
Suites hotel property at 1941 Edgewater Drive so that a permanent structure is not required to
service the exhaust fan's and that replacements not be pulley fans, if approved by the bulldlng'
official as an alternative design. 'The motion was duly seconded and carried unanimously.
ITEM #0 -Pendinq Matters - None.
ITEM #E '- Adiournment ,
'The meeting adjourned at 2:59 p.m. e /7 ~~
j1t.:n..vb-'Chalr ,
Board of Adjustment and Appeal on
Buildlng/Flood Control
Attest:
Board R
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