12/10/2008
BUILDING/FLOOD BOARD OF ADJUSTMENT AND APPEALS MEETING MINUTES
CITY OF CLEARWATER
December 10, 2008
Present: Edward H. Walker, Jr. Acting-Chair
Pankaj Shah Board Member
Gary Richter Board Member
Absent: John H. Logan, Jr. Chair
Arthur Shand Board Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Kevin Garriott Building Official
James Wagner Development Review Supervisor
Patricia O. Sullivan Board Reporter
The Acting-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.
2 - Approval of Minutes:
Member Richter moved to approve the minutes of the regular Building/Flood Board of
Adjustment and Appeals meeting of October 8, 2008, as submitted in written summation to each
board member. The motion was duly seconded and carried unanimously.
3 – Continued Requests: - None.
4 – New Requests:
4.1 Case: MIS2008-10001 - 940 Court Street, Appellant Name- Temperature Services, Inc.
Agent – Robert Lazarus. Request: Allow the use of a no heat solder product for condensate
piping at the Residence Inn by Marriott project.
No one was present to represent the applicant.
Building Official Kevin Garriott said during the first inspection of the Residence Inn by
Marriott project, staff determined that a no heat solder product had been used for condensate
piping. The product subsequently was replaced with code compliant materials. The contractor
requested that the City approve this sealing. The product does not have any listing or approvals
as required by Code.
Discussion ensued with concerns expressed that insufficient information on the product,
including valid testing, was available. Mr. Garriott said the contractor had been asked
repeatedly to provide documentation that the product was a listed, tested, approved product;
none was provided.
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Member Richter moved to deny the request to allow use of a no heat solder product for
condensate piping in the City. The motion was duly seconded and carried unanimously.
4.2 Case: MIS2008-10012 - 3316 San Jose Street, Appellant Name-Kristen Sellas, Agent- Bob
Hebb of Bay Area Design. Request: To build an addition up to 6 feet of the back property line.
Case: MIS2008-10012 was withdrawn.
4.3 Case MIS2008-10014 – 301 South Gulfview Blvd, Appellant Name- Crystal Beach Capital,
LLC. Agent –Chris Bastas of NJR Development Co. Request: Permission to install a water
softener within a flood zone.
Representative Chris Bastas said that a water softener system had not been included in
the Hyatt project’s design or construction. He said this design error was not noticed until now.
He said the system, which is important to Hyatt, consists of three tanks for water storage and a
box to store salt. He requested permission to install the system on the structure’s ground level,
next to the City water source, which is below base flood elevation. He said the alternative
location would have to be on the fourth floor of the parking garage. He said that location would
reduce parking, cost approximately $100,000 due to reinforcement requirements, and would be
difficult to engineer.
Mr. Bastas reviewed various configurations on the ground floor that he felt would meet
the intent of FEMA (Federal Emergency Management Association) regulations that equipment
not float and cause damage during a flood. The ground floor elevation is 4.75 feet where 14
feet is required. A portion of the building is in the Velocity zone; the remainder is in zone A.
The system cannot be located outside as the structure extends to the property lines.
Mr. Garriott said to approve the request, the board needs to justify why the system would
be exempt from FEMA regulations and prove that no harm or danger would result. The
establishment of a precedent needs to be considered. Flood proofing is not permitted in a
Velocity zone. Assistant City Attorney Leslie Dougall-Sides reviewed Code criteria. If FEMA
determines the City has violated its rules, it could place the City on probation without
explanation.
Discussion ensued regarding possible solutions and consequences. It was felt a fool-
proof solution would be necessary.
Mr. Bastas requested a continuance until January 2009 to provide more concrete plans
to the board. Mr. Garriott recommended the request be based on Code criteria.
Member Shah moved to continue Case MIS2008-10014 to the January 2009 meeting.
The motion was duly seconded and carried unanimously.
The applicant must submit all related documents by January 2, 2009.
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5 - Other Business:
Mr. Garriott reported that the board's meeting day conflicts with other staff
responsibilities and requested that it be changed.
Consensus was to schedule the Building-Flood meetings on the first Tuesday of the
month. Meeting dates in 2009: January 6, February 3, March 3, April 7, May 5, June 2, July 7,
August 4, September 1, October 6, November 3, and December 1, 2009.
6- Adiourn
The meeting adjourned at 3:11 p.m.
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