Loading...
12/11/2002 (2) " " " " '/ 'T <I C', I j" " , "I,' >. '. ' . ,;:1.i':::~~ \'~','\',:';; ;,"-,'Ii, ';::Y,';' '", .':' ". " , ._" . , ~ .: ',: .' ~ '" ~:.':/:J '~ ' ~....:-. 4, \, ,j ':' .; .. ,:..,". ,:;. I" , . " ' t,,' , ,'I ' "I l I 1 1 , ,I I " , i I . " ~ ". . L' " ' :::;~~:~., 't '; . ' <' . '__~""_~""" , . ... +" . ...' ." ;:,' , I .. .', ~ ...,..,0 ur~'r+,__ ........r..~... '-~., _ ....'~.. ,. ,I. , .. ('..: '. ' . ~ f \. ' ,; ~ ' ,:.,:: , ~ :I~ ,;\" ' .~ . N~:::~:",', , 'U:,,' , '~O;;:" , :~.. ,. .': ': ' ' , +, ,~ ' .", W;:,:-,.'';': ," ", '.,',: ~i;(',;, ..' '... '~~'. 'j~: . :,:,;~ ,;:. .,." " " .. ' " ~;".' 1'1 ~ :, ~ . c > ~". ,.' ~\>,,'c:, :,'" >, '." . I ",' : ~ ;>>0",' ;::,' , _.' 1 " " , . ';., , .,' ~. . c ,. , , ' . ;: . ~' , .' ' , , , BAA ,>:BLDG..&..FLOOn. ..i' " . " , , " c , ' :'Board, of Adjustment & Appeal , on Building & Flood Minutes ", ',01. ~ ~. T , " .' " :/ <'I' ~: : \' . ~:;: , '.. Date' IJ. IIIIOd- ,. , I' .. ',' ,'" " , , , , I 'I~'" " ''1' I' , "I ~ . :, ' } " ' , , , ~c II, .' ~ '. <' ." , ~' , > , . , ,t', ",' ,,' ,. , '.' I . T ,. , ~. ' ,; ~ ~ I , , ' ~I., 'I' " I I "" J 't ,+ 1 ' " ,. :.' O':"""~::' ',' ',1. 'c,', ' , , ',' " , ~ ' , i}{~;~~'"r,,:~, :'; ;~:K;<?,\ ,:",' ',: , /33 , ' " ~ j . . c. 1,', , ' I;', " ... r~~ .}', I :'<:) ',0 . ~.\. BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL MEETING CITY OF CLEARWATER December 11. 2002 Present: Edward H. Walker, Jr. Michael D. Corcoran Pankaj Shah Carroll Nail, Jr. Acting Chair Board Member Board Member Board Member Absent: John H. Logan. Jr. Leslie Dougall. Sides Kevin Garriott Bill Wright Patricia O. Sullivan Chair Also Present: Assistant City Attorney Building Official' Building Construction Inspector 11 Board Reporter The Chair called the meeting to order at 2:04 p.m. at the Municipal Services Building. To provide continuity'for research, items are in agenda order althoug;.'not necessarily discussed in that order. ' ITEM #A ~ Aoproval of Minutes Member Nail moved to approve the' minutes of the regular meeting of October 9, 2002, as recorded and submitted in written summation to each board member. The motion was duly , seconded and carried unanimously. ITEM #B - Continued Requests - None. , ITEM #C - New Requests ITEM #C1 - Case BAA 02-13 - 1070 Eldorado Avenue. Clearwater: JST Clearwater LLC (Jane Srnith Turner), Owner: Roqers Havdon & Harry Cline. Representatives.. Request relief of Code and be allowed to build within the 18~foot set back of the seawall. Located in Mandalay Sub. Blk. 70. ,Lot 6 & RIP RTS. Parcel # 05~29-15-54666~070~0060. Member Nail reported a conflict of interest. Representative Harry Cline said the request is to build a porch on an existing house within 18 feet setback of the seawall, which he said was built long ago. He said ownership of ' the property runs beyond the seC1wall. He said proposed construction will be 17 feet from the lot lines and 7 feet from the seawall. He said the seawall functions as a retaining wall as it is 750 feet from the Gultof Mexico and is protected from the water by a mature dune system. He' said In preparation for construction, slabs were removed and digging done where footers are planned and no dead men were located. He said buttresses are located only seaward of the seawall. He reviewed nearby properties where construction was allowed within the seawall setback. Building Official Kevin Garriott agreed no Issues had occurred related to similar, ' , nearby construction. " mbf1202 .12/11/02 1 :,.' , .', J 'I'~.::I~"< II.),I"~:,, 'l,c~:'~~~\'II~:.'''''",,''',' '~ , ' , , . ' , ...." 'l j ,: . ~ ~ ," , .', I c"" ' , ' ': "J "t' '.. .:....: {; ~ '.' ".., .'~. ',,:~.'~ ""':;'" -. ,. ';...~I~'., ..'.~ '"....; .'.' .",:' '..'.I.;~',.". .....~',.'. ".\,:', .'.... ...,.:..., \.': :,'~ ':'~"'!,+ ,~.",,:,,': ~'.',~"'" " : ,~.< '. ~~'''' ~ ~':,~'J ,. f.';:'" >' cl f' )<:: , t: c 1,.- ... ~. , , ' ;:1~~<~~<"'" '~ ,'" . , ,: I < , 'i', " ,~ '~l ,. ~ ~ ,~ . . !, ' ., ' " ""'0'" " " <'C l ~:,\ ~:' :. ' ~',' . ,1 " " , " 'I ." : :'0 ,;1:' ( "'.:. J ' ,:" ; I ~, ' '>j'Jo"'" ' , , , ". , ., . . . .~' c '. t: \", " ' In response to a 'question, Mr. Cline said the request is to construct the porch within 7 feet of the seawall.' A portion of the existing house is within 4 feet of the seawall. Member Shah moved to approve construction of the addition to the house at 1070 Eldorado Avenue within seven feet of the existIng seawall. The motion was duly seconded. Members Corcoran, Shaht and Walker voted "Aye/' Member Nail abstained. Motion carried. ITEM #0 MPendina Matters ,2003 Schedule for Board of Adjustment & Appeal on Building/Flood Control Meetings are scheduled: 1) January 8t 2003; 2) February 12, 2003; 3) March 12, 2003;, ,-4) April 9t 2003; 5) May 14, 2003; 6) June 11, 2003; 7) July 9, 2003; ,8) August 13, 2003; 9) . September 10,2003; 10) October 8t 2003; 11) November 12, 2003; 12) December 10,2003; ,an~ 13) January 14, 2004. ITEM #E - Adiournment ' I , , , , , '! The meeting adjourned at 2:15 p.m. e~ Chair " Board of Adjustment and Appeal on Building/Flood Control .. Attest: " ,c '1',,' I' \ mbf1202 2 12/11/02 , " ,. , ' . ~ ,~ . ,.,to.. ~~',!J~...,':tl~, + (~',,:. >.:f, ',-0 T;C , , ~.'." ~ ';,l > ..;,~ ~~':. C""~;":"'c: .': :lq~~.,'. :'{~,1:~.I'; '1.;;"'~'.i:'"l:"~"')/'r"',"':"P ,l,~: .,: :~,:(, ~i.I,~t",' ,:, '.~:...": . .~,; J::'~C:J < , ~ :,f" :;~:f;1.t':';':f',I,...-;-:: FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS li NAME-FIRS a OTHER LOCAL AGENCY MY POSITION IS: o ELECTIVE )I[ APPOINTIVE WHO MUST FILE FORM 88 ... . I .. . , ,. ,L, 4 ~ ,~ . " " \.. .. "\. . .. .'. .. ~ " .. .. .. . TMs lorm Is for use by any parson s~rvliiD at the county. clly, or other rocallevel of govenirrlent on art c\ppbfn'od or eteCtEfd 11oarCl, council, commission, authority, or committee. It appHes equally to members of advisory and non-advisory bodies who are presented with a voUng canfffct of Interest under SecUan 112,3143, Florida Statutes. ~ Your responslbHilles under the law when faced with voting on a measure In which you have a conflict of Interest will vary graaUy depending on whether you hold an elacUve or appolnUve position. For this reason, please pay close attention 10 the lnstrucUons on this form before completing the reverse sl<ie and filrng the form. CE FORM 88 - EFF. 1/2000 PAGE' INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holdIng elective or appoIntive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which '~""'~{es to his or her specIal private gaIn or loss. Each elected or appolnled local offIcer also is prohibited from knowingly voting on a mea- ",,,,.:e which rnures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retalm~d (incrudlng the parent organization or subSidiary of a corporate principal by which he or she is retained); to the specIal prlvale gain or loss of a relalive; or to the specIal privIV,s gPf~ 'O~ l~~.~f\ ~.~~sJ'le7.s ~~~clat~... Opmir\lsslone(~'PJ _c~nI1yi letf~vetop~,t..~~'lc\l;ls under Sec. 163.356 or 163.357, F.S., and officers of Independent special tax drstricts elected on a one-acre, one-vole baSis are not prohibited from voting In that : ' "", , '. . :. . ' .. . capacity. '....., "", )'. '.. ,.,', '. ( ".. ~" ' '-~'~', ,', 'i" .. i. I I ' ~ I ',It ~. '...... .... _,." ..".. ,,~ . 'l". ."" . ." . . .. For purposes of this law, a "relative" Includes only the officer's father, mother, son, daughter, husband, wife, brother, srster, father-In-law, mother-In-law"son-In-Iaw, and daughter-In-law. A "busIness associate" means any person or entity engaged In or carrying on a business enterprise with tha:Qftlcer as a p~rtne{,J?lnt vynt,u~erl ~~owner ,of property, Qr ,corpor8;to,sh.arehol.d~r (whore the shares of the corporallon arenotllstedari'anY~'aliorMlbr'rEigtb'na'~lodkexqhaf1!f&}. Pf,.w' '.. ,",,\'; ,....\ ..... .... ,'~; .. ELECTED OFFICERS: In addition to abstaining from voting In the situations described above, you must disclose the confJ1ct: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assombly the nature 01 your lntereslln the moaoure on which you ara abstaining from voting; and WITHIN 1!~DAYS AFTER THE VOTE, OCCURS by compreting and filing this form with the person responsible for recording the mln- , '. 1. I ... utes of the meeting, \'{ho should incotporate the form In tho minutes. . '. " ': .. ~.,. - , " . . t' .. .. . 1 ..; , . l " . ~ . :. . ... 'III. APPOINTED OFFICERS: Although you must abstain from voUng In the situations described above, you otherwise may' partlclpale In Ihose mailers. However, you must dls~lose the natura of the confllct before making any attempt to Influence the decision, whether orally or In wrlllng and whether made , 'foU or at your directIon. , ',' ' "'~fyou INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEE.iING AT WHICH THE VOTE WILL BE TAKEN: . You musl complete and me thIs form (before making any aHampt to Influence the decIsIon) wIth lho parson rasponslblo for recording Ihe minutes of the meeting, who will incorporate the form In the minutes. (Continued on olhor sldo) ~',: tl1 ;.~"'r ;,,'.',.':I'~,.:. .,.. \~,....\.::~.t :" ',.~,':"1~::.'. ",~ _1"... .:,.,:'. :,,:,' ,,' i..,....,..........,....,.".:,: :~.i .',.'~;. '~'I:.'"'' ,:.'~':'..:,',.:I.,.,~..t:...',l~ APPOINTED OFFICERS' (continued) · A copy of tho form must bo provided Immediately to the other members of the agency. · .. iTtI~'~rP1 m~s".~~1e~~ p~Pllct.v i:ltlhe. n1X: Il1Q~ilng. afJe&.t~~ {orm Is flied. . \ \: .. ... ~' . / ..'..t".' ....... i ~ ("" IF YOU MAKE NO ATTEMPT T? INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ...:~ " ~ '~ .:. : ,~ · You must disclose orally tho nature of your conflict In the measure beforo partlclpallng. · . . , .. . t.'.: ". . . :., ,( ;, ),:. ~ .. · You must complete the form and file It within 15 days arler the vote occurs......llh t~9'perSOIl responsible for re60rdjng the \1'ii"uteti of tho meeting, who must Incorporate the form In the mInutes. A copy of the form must be provided Immedla"tely tQ the Qther members of the agency, and the form mUst be read publicly at the next meellng after the form Is riled. · . , I' ." I DISCLOSURE OF LOCAL OFFICER'S INTEREST <2AR./GOt.. c. Yu. ~e. , hereby disclose lhat on J)~,. It ,2002. : /, (a) A measure camo or will come before my agency which (check one) . ~lnur~d to my specl~1 private gain or loss; , ' Inured to tho spe~lal gain or loss of my business associate, Inured to the special gain or loss of my relative, Inured to the special gain or loss of whom I am retaIned; or Inured to the spacial gain or loss of 15 the parent organlzaUon or subsidIary of a princIpal which has,retalnad me. (b) The measure before my agency and tho nature of my confJicllng Interest In the measure Is as follows: , by , which (") I ~ .' , K.~0)l f/~ 1 p~~ /i!jJ Iv u~ P ,()~ 51:7 /IN!.J(. 1<6 QU'1t'Vi'1.IJ~ ' tJy 't./~ T a'el/.(~lc,e, ~t.(J, AT 1070 t;L/)dIW)O A"'~, Q"f J,. 16';1 lfIJqe/?'IfJ l.. 7".0 &1-.1 r.ll.\o.j'Il~ (~O"D~I S /I G.N~1~ ;/JelL. 14 / ~ ()~ ~ Date Flied " NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT , REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALAf1Y, REPIJIMAND. oF4i';1.~ 'CIVIL PENALTY NOT TO EXCEeD $10,000, " ,'~, ~ \J f':: U ce FORM 88 . EFF. 1/2000 DEe'l f\ 2002 PAGE 2 GIT'I CL' , ;:', ' ~,',,:'.(rMr:NT ..........((,~ ~.,.,'.t~l,..:~~/'v~..,,~' +, .~ < . .~ i '~'u · A copy 01 the lorm must be, provldod Immedlaloly to the othor mombers of Iho agoncy. · ..Th~.llilrp1 m~S~'~~1efi1c;.1 PyPllqy al the.n,x} l11a~itng. afJo~.t~? {orm 15 flied. . \ \'.' '" .~...' .,I,t'.. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:.. ',~ "'''.' . . ,\ · You must disclose orally tho nature of your conflict In the measure before partIcipating, . ,...., ~ '~I .";+ > · You must 'complete the 'orm and fila It within 15 days after the vote occurs'Will1lr.9' person responsible for re~orQ1ng the 'rrilAutet> of Ihe meeting, who must Incorporate tho form In the minutes. A copy of the form must be provided ImmedlC\lely t~ the Qlher members of the agency, and the form mUst be read publicly al the noxt meeting after the form Is filed. I . ' ,I 0.'. " , ,.~..... ....i~( , '" APPOINTED OFFICERS (cC'ntfnued) 'DISCLOSURE OF LOCAL OFFICER'S INTEREST 1,'C!JtR/l.,Ot.,- Yu... ~. I hereby disclose Ihat on .J)~'f It . 20 " 2. : (a) A measure came or will come before my agency whIch (check one) , Ylnured to my 'special private gain or loss; , Inured to the spacial gain or loss of my business associate, Inured to the special gain or loss ot my relative, Inured to the specIal gaIn or loss or whom I am retained; or Inured to the special gain or loss or Is the parent organlzallon or subsidIary of a principal which has retained me. , ' (b) The measure,betore my agency and the nature or my conrllcllng Inlerest In tho measure Is as follows: I by , which ( , i ...~_~... I' fl.t;f4dl/~T fJrJ~ M~,~P. O~ 5/17 tJ/V!JC. I<t:iQgptfi'l.A~ iJY r../~ 7 a'e"l/~~l~,e ""a 141 1070 ~~.4DO A~el ~eJfJ,.16';J IflA7~fl.!IJl. 7"() &IJ rR.A.a.~~ ~()bOIJJSI/ lWJ~T) , Date Filed ~. /4. '~fJf!J~ , .,-, (]r/M~ Slgnalure 'NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112,317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, Or. . CIVIL PENAL TV NOT TO EXCEED $10,000. ' '; '" ,,:...., L) CE FOAM 88. EFF. 1/2000 Ore 1 f~ 2n07. PAGE 2 + J 1 ~ , , ) , ll.~l,'r,',l :.